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HomeMy WebLinkAbout14-0848 Supreme C nsylvania Coleas For Prothonotary Use Only: �y '14 t Docket No: ST County _ D - 1 D �nr,, The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: 0 Complaint ® Writ of Summons ® Petition ®Transfer from Another Jurisdiction ® Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: Dwight F. Macomber ' Dollar Amount Requested: ®within arbitration limits ;._ Are money damages requested? IM Yes ® No (check one) 13 outside arbitration limits S3 N' Is this a Class Action Suit? D Yes 0 No Is this an MDJAppeal? 13 Yes No Name of Plaintiff/Appellant's Attorney: Carol L. Verish, Esquire ® Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that 'i you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection: Credit Card Motor Vehicle ®Board of Assessment ; a ® ® Debt Collection: Other ® Board of Elections ®Nuisance Dept. of Transportation ® Premises Liability ® Statutory Appeal: Other 5. ® Product Liability (does not include mass tort) ® Employment Dispute: E:l • ®Slander/LibeV Defamation Discrimination C' ® Other: ® Employment Dispute: Other ® Zoning Board T ® Other: ® Other: MASS TORT ® Asbestos N ® Tobacco ® Toxic Tort - DES ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste ® Ejectment ® Other: ®Common Law /Statutory Arbitration B ® Eminent Domain/Condemnation ® Declaratory Judgment ® Ground Rent ® Mandamus ® Landlord/Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial ® Quo Warranto ® Dental ® Partition ® Replevin ® Legal l3 Quiet Title © Other: ® Medical ®Other: ® Other Professional: Updated 1/1/2011 MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN _ P P NNSYLVANIA Plaintiff V. : No. lq- / f ;t C-1 DWIGHT F. MACOMBER and GAY M. -- ^ LEWIS, Co- Administrators of the ` : ;' Estate of Victor D. Macomber, Deceased Civil — Mortgage Foreclosure <> Defendant S� � .mow. ^'p' ». • •.f � 1 .. i tom - � NOTICE • w YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249 -3166 AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n 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 reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la s Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249 -3166 2 r � Steven J. Schiffinan, Esq. Carol L. Verish, Esq. PA ID Nos. 25488 & 91284 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 -9670 (717) 540 -9170 sschiffinan@ssbc- law.com cverish(a,ssbc- law.com MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. DWIGHT F. MACOMBER and GAY M. LEWIS, Co- Administrators of the Estate of Victor D. Macomber, Deceased Civil — Mortgage Foreclosure Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff Mid Penn Bank ( "Plaintiff') is a Pennsylvania banking institution with a business address at 349 Union Street, Millersburg, Pennsylvania 17061. 2. Defendant Dwight F. Macomber, co- administrator of the Estate of Victor D. Macomber, Deceased ( "Defendant Dwight "), is an adult individual with a mailing address 466 East King Road, Malvern, Pennsylvania 19355. 3. Defendant Gay M. Lewis, co- administrator of the Estate of Victor D. Macomber, Deceased ( "Defendant Gay "), is an adult individual with a mailing address of 1311 Lone Pine Court, Steelton, Pennsylvania 17113. Defendant Dwight and Defendant Gay are hereinafter referred to collectively as the "Defendants." 3 f j Count I - Mortgage Foreclosure 4. Plaintiff incorporates herein by reference paragraphs 1 through 3 of this Complaint as if fully set forth herein. 5. On or about August 31, 2006, Plaintiff extended a loan, identified as loan number 9803594, to Victor D. Macomber ( "Macomber "), in the original amount of $185,000.00 (the "Loan"). 6. To evidence his indebtedness under the Loan, Macomber contemporaneously made, executed and delivered to Plaintiff a Note dated August 31, 2006 (the "Note "). A true and correct copy of the Note is attached hereto as Exhibit "A." 7. The Note is secured by a Mortgage dated August 31, 2006 ( "the Mortgage "), by which Macomber granted Plaintiff a first priority mortgage lien on a parcel of real property known as 3452 Lisburn Road, Mechanicsburg, Pennsylvania 17055 ( "the Mortgaged Premises "), more particularly described in the exhibit attached to the Mortgage, a true and correct copy of which is attached hereto as Exhibit `B." 8. The Mortgage was recorded on October 10, 2006 in the Office of the Cumberland County Recorder of Deeds in Book 1968, Page 4534. 9. The Note and Mortgage were modified by a Promissory Note Modification Agreement and Mortgage Modification Agreement dated October 4, 2006, true and correct copies of which are attached hereto collectively as Exhibit "C." 10. The Mortgage was further modified by a Mortgage Modification Agreement dated April 23, 2010, a true and correct copy of which is attached hereto as Exhibit "D." 11. Macomber is the record owner of the Mortgaged Premises. 12. On or about August 22, 2010, Macomber died. 4 5 13. Defendants Dwight and Gay are the co- administrators of the Estate of Victor D. Macomber, which was filed with the Register of Wills of Cumberland County, Pennsylvania at Estate No. 21 -10 -884. 14. Pursuant to the October 4, 2006 Mortgage Modification Agreement, the Loan matured on April 9, 2013. See Exhibit "D." 15. Pursuant to the Note, Plaintiff is entitled to accelerate all of the obligations under the Note, making all outstanding amounts immediately due and payable. 16. The Note is presently in default as it has not been paid in full. 17. Plaintiff has provided Defendants with notice of its intent to foreclose pursuant to Act 6, 41 P.S. § 403, and Defendants are deemed to have received said notices as evidenced by the signatures on their respective United States Postal Service return receipt form 3811, true and correct copies of the notices and return receipt forms are attached hereto as Exhibit "E." 18. Plaintiff is therefore entitled to recover the following amounts: Principal Balance: $177,751.57 Interest through 01/21/2014 $ 3,496.69 Late Fees through 01/21/2014 $ 8,966.10 Costs through 01/21/14 $ 55.50 Attorneys' Fees: $ 5,000.00 TOTAL $195,269.86 plus all amounts advanced by Plaintiff in collection of the debt pursuant to the terms of the Note and loan documents, monthly late charges, reasonable attorneys' fees, and interest from January 21, 2014. WHEREFORE, Plaintiff demands that judgment in mortgage foreclosure on the mortgaged premises known as 3452 Lisburn Road, Mechanicsburg, Pennsylvania 17055 be entered in its 5 favor and against Defendants in the amount of $195,269.86, plus any additional interest, late fees, attorneys' fees, and costs authorized by the Note from January 21, 2014. Respectfully submitted, SERRATELLI, SCHIFFMAN, & BROWN P. C. r Date: February 12, 2014 Ste��ven X' Schiffrn , Esquire C L. Verish, E quire Pa. ID Nos. 25488 & 91284 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 -9670 (717)540 -9170 6 r. } VERIFICATION I, Amy Custer, do hereby state, under penalty of 18 P.S. § 4904 relating to unworn falsification to authorities, that I am an authorized representative of Plaintiff Mid Penn Bank, am authorized to give this verification on its behalf, and that the averments set forth in the foregoing complaint are true and correct to the best of my knowledge, information, and belief. Mid Penn Bank By: LLUA 0 Amy qi s r VP, A ecovery Manager 7 MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. DWIGHT F. MACOMBER and GAY M. LEWIS, Co- Administrators of the Estate of Victor D. Macomber, Deceased : Civil — Mortgage Foreclosure Defendant : AFFIDAVIT OF NON - MILITARY SERVICE I, Amy Custer, being duly sworn according to law, depose and say that I am an officer of Plaintiff Mid Penn Bank and I am authorized to make this affidavit on its behalf. I hereby affirm that to the best of my knowledge, Gay M. Lewis is not currently serving in the United States Military, nor in any State or Territory thereof or its allies, as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Mid Penn Bank Date: By: ust Sworn to and subscribed before me this Z3` d day Of JlMuc✓ , 2-c)) C/ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Notary Public Kelly Kauffman, Notary Public 3' Lower Paxton Twp., Dauphin County My Commission Expires June 3, 2017 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. DWIGHT F. MACOMBER and GAY M. LEWIS, Co- Administrators of the Estate of Victor D. Macomber, Deceased : Civil — Mortgage Foreclosure Defendant AFFIDAVIT OF NON - MILITARY SERVICE I, Amy Custer, being duly sworn according to law, depose and say that I am an officer of Plaintiff Mid Penn Bank and I am authorized to make this affidavit on its behalf. I hereby affirm that to the best of my knowledge, Dwight F. Macomber is not currently serving in the United States Military, nor in any State or Territory thereof or its allies, as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Mid Penn Bank Date:/ �2I �� B y st Sworn to and subscribed before me this day Of , a COMMONWEALTH OF PENNSYLVANIA Notarial Seal Courtney L. Eisenhauer, Notary Public Lower Paxton Twp., Dauphin County MY Commission Expires March 17, 2014 Notary Public MEMBER, PENNSYLVANIA ASSOCIA77ON OF NOTARIES _ i-- f- ^ �.--- �_ -- :!� � � ": �, � \ ---s_ �=... . . �,,..., � � � - � � � „-r � .. � � � ' � „, _ .. .' .. NOTE ................ ................ ................ MORRO ................ ............. KNINIRIVANIA ............. Metal Icityl [State) .......................................... ... 1.7.05.5 ............................. ............ (property Address] 1.BOR ROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $1851KQAQ .............. ........ � (this amount is called 'Prineifal Ins interest, to the order of the Lender, The Lender isMIPARRRANKANARVERANP .......... W ON, - FAft- 0 E ME $ TATE OF.-P. FAVYLVAR(A ............. — ..... . ........... .;e ... .. ............... ....... .............. ......... . ... ...... . I will � payments Qer this - No M ch or money order. I understand that the Leader 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 Princi has been paid, I will pay interest at a yearly rate of .... ..........6.9512 %. interest will be charged beginning on j Qj rw ......... .......... 4 ...... 4 .............. . The interest raw required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Periodic Payments I will M principal and interest by making periodic, payments when scheduled: ❑ 1 will make ...................... payments of $ ....................................................... each on the .......... ...................................................... of each ....................................................................... '*"* ...... ....... *­­ beginning on ...................................................... . 1 will make payments as follows: 35 MONTHLY PAYMENTS OF $1,224.60 BEGINNING 11-01-2006. IN In addition to the payments described above, I Will pay a "Balloon Paymcnt s.10.111.4,19 ..................... on.*91-00 .... .— ........................ . . 17he Note Holder will deliver or mail to we notice prior to maturity That the Moon Payment is due. This notice will state the Balloon Payment amount and the date that it is due. (B) h1aturity Date and Place or Payments I will make these payments as scheduled until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My periodic payments will be applied as of its scheduled due date ad will be applied to interest before Principal. If, on .. 101440.11 ....... I .... ....... 1-1.1. ........... ......... Istill owe amounts under this Note, I will pay time amounts in full oil .that date which 14 called the "Maturity (}ate." I will make my periodic payments at MYNIOR STREET MIUMP.M.1791 .......... I ............. I ........... .............. .................. 6 ......... -- ... . ........... ................... .. . ..... ....... ........ ............................ ........................ ...... ........................ ........................... ....... ...... .................... ...... .. or at a didifferent ... place if required by the Note Holder. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of Principal only is known as a 'Prepayment" When I make a Prepayment, 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 periodic payments due under this 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 Now. 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 crake a partial Prepayment. there Will be no changes in the due dare or in The amount of my periodic payment unless the Note Holder agrees in writing to Those changes. S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is fmIly interpreted so that. The interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitt choose , # IlMits will Ile to me. The Note Holder may to make this refund by reducing the Principal I owe under this , Note or by 6Aft a direct payment to me. If a refund reduces Principal, the reduction will be Treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any periodic payment by the end of .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 ........ MOO % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. The n*inw late chaTge is (8) Default $ 20.00 If I do not pay the full amount of each periodic- 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 immedblely 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 daft 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 ft right to do so it I am In default at a later time. MULTIPURPOSE FIXED RATE NOTE (MULTISTATE) 8-ker. S s, I-- St. G-d, M F— UPFPAM 2n$12002 V06.210 ( I of 2 pages) (E) Payment of Not�]der's Costs and Expenses If the Note Holder hum required me to pay immediately in full as descrified above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(B) on page 1. of this Note or at a different address if I am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs ibis 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 endorsor of this Note, is also .obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment' means the tight to require the Note Holder to demand payment of amounts due. *Notice of Dishonor" ratans the right to requite the Now Holder to give noticc to other persons that amounts due have not been paid. 10, SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Mortgage, heed of Trust, or Security Deed (the "Security Instrument "), dated Q6.31- 40.6 ..................... protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: 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 as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies pennittod by this Security Instnvent without further notice or demand on Borrower. 11, BALLOON PAYMENT DISCLOSURE (Complete the Balloon Payment notice below if this Note provides for a Balloon Payment at Section 3(A) on page I of this Note.) THIS LOAN IS PAYABLE Ilvi FULL 19N..A0010.01.,z0.................................... .. ... .. ..... . ........ .. . ............. ......... AT. MATURt Y I MUST REPAY THE Eh"TIRE PRINCIPAL BALAiifCE OF THE LOAN AND UNPAID INTEREST THEN DUE, WHICH MAY BE A LARGE PAYMENT. LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIM. I WILL, THEREFORE, BE RE()UIRKD TO MAKE PAY?,wfT OUT OF OTHEn ASSETS THAT I MAY OWN, OR I WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER I HAVE THIS LOAN WITH, WILLING TO LEND ME THE MONEY. IF I REFINANCE THIS LOAN AT MATURITY. I MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF I OBTAIN REFINANCING FROM THE SAUTE LENDER. WITNESS THE HAND(S) AND SEALS) OF THE UN13Fii5IGN�� A 6 0.1414 GO �f'*��' E �i�'"� ............ ............................... (seat) ........................ ............................... (St (Sign 414 only] i Bantm 6Yttw!.. tne., S'e. Glared, INN Tani "!ttt -t 2f1$*M /pope 2 of 2 papas] • • AZIEGLER _w; it %E7 fl DEED 2 2006 OCT 10 flM 1148 Prepared By: MID PENN BANK 349 UNION ST MILLERSBURG, PA 17061 (717) 692.2133 Return To: MID PENN BANK 349 UNION ST MILLERSBURG, PA 17061 (717) 692 -2133 Parcel Number: 13.11.0272 -001 Premises: 3452 LISBURN ROAD, MECHANICSBURG, PA 17055 (Space Above "1'his Line For Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated 08 -31 -2006 together with all Riders to this document. (B) "Borrower" is VICTOR D. MACOMBER Borrower is the mortgagor under this Security Instrument. (C) "Lender" is MID PENN BANK }PENNSYLVANIA - Single Family - Fannie MaelFroddie Mae UNIFORM INSTRUMENT Form 3039 1101 at -6(PA) to5osf Vapa i of 38 In iti a ls: 18 VMA Mortgage Sobitiona, Inc. X8001621.7281 BK 1968PG4534 = f � Lender is a CORPORATION organized and existing under the laws of THE STATE OF PENNSYLVANIA Lender's address is 349 UNION ST, MILLERSBURG, PA 17061 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated 08- 31.2006 The Note states that Borrower owes Lender ONE HUNDRED EIGHTY FIVE THOUSAND AND N01100 Dollars (U.S. $ 185,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 10.01.2009 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider Condominium Rider Second Home Rider D Balloon Rider 0 Planned Unit Development Rider Q 1-4 Family Rider Q VA Rider [ Biweekly Payment Rider ® Other(s) (specify] MULTISTATE FIXED PAYMENT RIDER (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) " EIectronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (IC) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (W "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. 1� 40 -61pA) loses) Pape 2 of Is Form 3039 1101 Il I968PG4535 I ' I (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used I 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 i loan" under RESPA. I (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or j not that party has assumed Borrower's obligations under the Note and /or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (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 ['type of Recording Jurisdiction] of [Name of Recording Jurisdiction]: BOOK 00180 PAGE 00250 LOWER ALLEN TOWNSHIP which currently has the address of 3452 LISBURN ROAD [street] MECHANICSBURG [cit Pennsylvania 17055 [Zip Code] ( "Property Address "): TOGETHER WITH all the improvements now or hereafter erected on the property and all easements, appurtenances, and fixtures now or hereafter a part of the 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." ` Initials: / 40 -6tPAl lows) Page 3 et 16 Form 3038 1/01 BK 19 6 8 4 53,6 a a , BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 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 performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due snider 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 fast to late charges, second to any other amounts due under this Security :Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be Initiate: ���� M.61PAt (oswl Pago A of 16 Form 3039 1101 BK.11 968PG4537 i i f i 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 for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under P.ESPA, 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 Loam 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 = -6tpAl towel page b of 16 Form 3039 1101 BK ! 968PG4538' s ;r shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but 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 Iien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one -time charge for flood zone determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. lnitiais: + � J 4 -$tPRI (Oso81 * Page 8 of 18 Form 3039 1101 SIB1968P64539 I 1 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as i 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 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 Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all :insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. .� ' INtials: �"liU►' -61PA) (osos) Page 7 of t6 Fomf 303$ 1101 BK 196SPG454D ) 5 i 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 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 Instrtment 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. �rtitiats: -�� 4 - 61PA)1ososi page a of SB Fom1 3039 1101 i BK 1 968PG454 'l + n Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total 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 matte payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. ��� 10508) Pages of 16 f=orm 3039 1101 ��111U i 8!tI96 Z i I i I (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 Leader 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. "(apposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be Initials: -slwal folios} Pape 10 of 16 Form 3039 1/01 BRI9 8PG4544 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 j co -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to t 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 i Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 40.61PA1 jmoa1 Papa 11 of 16 Form 3039 1101 OK 1.968PG4544 1 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 Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Benefrclal 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 itnmediate 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 AccelIeration. 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 bender 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 InNisix 40 �6(PA) o5m) p pd 12 of 16 Form 3035 1101 w r R 8K1968PG454$- i agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs other 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 i Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by i reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such i notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or 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. Initials: = -SiPAI Iowa) P"a 13 of 16 Form 3038 1/01 BK,I958PG4546 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other 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 permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage, 29. 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. • , Inidalt: -S(PA) mos) Peg* 14 of 18 Form 3039 1/01 . U9 6 8 P6445 " BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: � � (Seal) V ICTOR D. MACOMBER - Borrower (Seal) - Borrower i (Seal) (Seal) - Harrower •Harrower (Seal) (Seal) - Borrower - Borrower 1 =•B(PA) fosos) Page 15 of 18 Form 3039 1101 BK I968PG45418 Y � COMMONWEALTH OF PENNSYLVANIA, mbP,{11d County ss: On this, the 31ST day of AUGUST, 2006 , before me, the undersigned officer, personally appeared VICTOR D. MACOMBER known to me (or satisfactorily proven) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged that he /she /they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMMONW=EALTH OF PE NNSYLVANIA NOTARIAL SEAL LORI A. RICHARD Notary Public Lemoyne Boro., C umberland County My Commission Expires Nrnj.12, 2005 Member, Pennsyl+rania Assoclatlon of No taries We of Officer • iy, y , " �f = ; � t r Certificate of Residence 1, CINDY A DDYLE , do hereby certify that the correct address of the within - names! Mortgagee is 349 UNION ST, MILLERSBURG, PA 17061 Witness my hand this 31ST day of AUGUST, 2006 6't ALt a & &L CI A 0Y LE, MORTGAGE LOAN UNDERWPAjANfMortpSa IniUaix: r 40-6(PA) tosoe) Page to of 16 Form 3038 1101 8KI968PG4549 s � lop SCHEDULE A Property Description: ALL THOSE TWO CERTAIN tracts or pieces of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at an iron pin in the center line of Legislative Route No. 21014 at the northeast corner of the property of Victor D. Macomber; thence by the center line of said highway, South 47 degrees East 50 feet to an iron pin at the corner of land now or late of Angelo C. and Eleanor L. Dimoff; thence by said lands, South 45 degrees 02 minutes West 250 feet, more or less, to the southeastern corner of land now or late of Victor D. Macomber; thence by said lands, North 33 degrees 39 minutes East 253.37 feet to an iron pin, the place of BEGINNING. TRACT NO. 2 BEGINNING at a stake on the line of land now or late of Carol E. Brandt and Margaret A. Brandt; thence by the lands of Victor D. Macomber, South 47 degrees East 227.92 feet to a point on the lands now or late of Angelo C. and Eleanor L. Dimoff; thence by said lands, South 45 degrees 02 minutes West 55 feet, more or less, to a stake at a corner, thence still by said lands, North 33 degrees 10 minutes West 232.33 feet to a stake, the place of BEGINNING. BEING two triangular strips of land between the property now belong to Victor D. Macomber and the property of Angelo C. and Eleanor L. Dimoff. BEING THE SAME PREMISES which Robert H. Moffitt and Sarah W. Moffitt, by Deed dated November 11, 1958 and recorded November 18, 1958, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in 'Deed Book U, Volume 18, Page 250, granted and conveyed unto Victor D. Macomber and Wanda Wilson Macomber, husband and wife. Wanda Wilson Macomber died October 12, 2001, title thereby vesting solely in Victor D. Macomber, Mortgagor herein. :282218 f Y PAYMENT RIDER THIS PAYMENT RIDER is made this .31ST,,,,,,..,,,, day of .AUGUST, 2006 ................. and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument ") of the same date given by the undersigned ( "the Borrower ") to secure Borrower's Note to ...MID PENN BANK 349 UNION ST,,,,,,, MAERSBURG PA 17061 ........................................................................... ............................... ( "the Lender ") of the same date and covering the pproperty described in the Security Instrument and located at: 3452 LISBURN ROAD, MECHANICSBURG, PA 17055 .............................................................................................. ............................... [Property Address] ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PERIODIC PAYMENTS OF PRINCIPAL AND INTEREST The Note provides for periodic payments of principal and interest as follows: 3. PAYMENTS (A) Periodic Payments I will pay principal and interest by making periodic payments when scheduled: ❑ 1 will make .......................... payments of $ .........................4 ........,..;..........<..:;.. eachon the ............................................................................. ............................... of each .............................. ........ ...................:.... »........ ........... ........... ..... ............................... beginning on ..................................... I........................ . ®+ t will make payments as follows: 35 MONTHLY PAYMENTS OF $1,224.60 BEGINNING 11.01.2006. M In addition to the payments described above, I will pay a "Balloon Payment" of $ 18U.114,19 , on .IO;Qi ............ . The Note Holder will deliver or mail to me notice prior to maturity that the Balloon Payment is due. This notice will state the Balloon Payment amount and the date that it is due. (B) Maturity Date and Place of Payments I will make these payments as scheduled until I have paid all of the principal and interest and any other charges described below that I may owe under this Note, My periodic payments will be applied to interest before Principal. If, on .10 01 2009,, 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 periodic payments at ..340 UN ION STREET, MILLERSBURGf,PA 17 .. . ... . ..... . 61 ..,... »,.. ..................................................................................................... ............................... ......................... ............................... or at a different place if required b 1he Noe Holder I CeT - , is to oe recorded MULTIPURPOSE FIXED RATE PAYMENT RIDER 4 (MULTISTATE)TT Cumberl nd County PA Bankers Systems, Inc., St. Cloud, MN Form MPFR -PR 6/15/20 ref: M PFRW N (pale 1 of 2 pp hi 9 6 8 P G 4 55 1 �. '""` Re6 of i V ❑ B. FUNDS FOR TAXES AND INSURANCE Uniform Covenant 3 of the Security Instrument is waived by Lender. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Payment Rider. ,� .,t1:t.�..' ..................... (Seal) VICTOR D. MACOMBER - Borrower ........................ ............................... (Seal) - Borrower i Bankers Systems, Inc., St. Cloud, MN Form MPFR -PR 6/15/2004 (page 2 of 2 pages) BK 1968PG4552 • � t PROMISSORY NOTE MODIFICATION AGREEMENT THIS PROMISSORY NOTE MODIFICATION AGREEMENT ( "Agreement'), is made this - day of October, 2006, by and among VICTOR D. MACOMBER (hereinafter called 'Borrower"), 3452 Lisburn Road, Mechanicsburg, 17055 and MID PENN BANK, with a place of business at 349 Union Street, Millersburg, Pennsylvania 17061 (hereinafter called "Lender "). BACKGROUND: WHEREAS, Lender loaned the sum of One Hundred Eighty -Five Thousand ($185,000.00) Dollars to the Borrower, which the Borrower promised to repay in a Promissory Note, dated August 31, 2006 (the "Note "), which Note remains in full force and effect as of the date herewith and which shall continue in full force and effect according to its terms, except only as modified by this Agreement; and WHEREAS, the Note is secured by a Mortgage, dated August 31, 2006, on the Borrower's real estate situate in Lower Allen Township, Cumberland County, Pennsylvania, which Mortgage recites a said tract of real property as security for repayment of the Note and all of its terms which are incorporated by reference into the Mortgage; and WHEREAS, Borrower has requested and Lender has agreed to increase the principal amount of the Note to One Hundred Ninety-Five Thousand ($195,000.00) Dollars; and WHEREAS, the parties desire to confirm their understanding in writing. NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, do hereby promise and agree as follows: 1. Recitals. The recitals set forth above are incorporated herein by reference. 2. Modification of Principal Amount on Mote. The principal amount of the Note is hereby modified and amended to One Hundred Ninety -Five Thousand ($195,000.00) Dollars. 3. Modification of Payment on Note. Borrower will pay this Loan in accordance with the following payment schedule: The Loan shall be payable over a term of thirty -six (36) months. Beginning November 9, 2006, the Loan shall be payable in thirty -five (35) consecutive equal monthly installments, including principal and interest, in the amount of One Thousand Two Hundred Ninety -One Dollars and Five Cents ($1,291.05) based upon an amortization of thirty (30) years, with interest calculated at a rate of Six and Ninety -Five One Hundredth (6.95 %) Percent, and a balloon payment of One Hundred Eighty -Nine Thousand Eight Hundred Eighty -Eight Dollars and Twenty -Eight Cents ($189,886.28) is due on the maturity date, October 9, 2009. Provided, however, that all outstanding principal, all accrued and unpaid interest, and other charges as may have been incurred will be due and payable in full on or before October 9, 2009. 4. Reaffirmation and Declaration. The Borrower acknowledges the unpaid principal balance of the Note is One Hundred Ninety -Five Thousand ($195,000,00) Dollars as of October 4, 2006; that as of the date of this Agreement, the Borrower has no defense, counterclaim, plea, demand or set off against the Note or Mortgage; and hereby reaffirms the validity and priority of the Mortgage and the Note and the representations, warranties and covenants set forth therein. No part of the Note, other than that which is expressly modified by this Agreement, shall be changed hereby, and the Note in its entirety shall remain in full force and effect according to its terms as modified hereby, including the obligation to repay the entire outstanding unpaid principal plus interest accrued on or before October 1, 2009 and including any and all provisions in either the Note or the Mortgage or any modification thereof with respect to the entry of judgment by confession. . S i IN WITNESS WHEREOF, the parties have executed this Note Modification Agreement to be executed, intending to be legally bound, as of day and year first above written. Signed, acknowledged and delivered in the presence of.• 12 Victor D. Macomber Mid Penn Bank Y Name: IS Title: :283805 • • F. Z "ct;Ep OF DEED; f: L'41'1D C0U;fly -; a, MORTGAGE MODIFICATION AGREEME11t U3 OCT 10 flm 114 THIS MORTGAGE MODIFICATION AGREEMENT ( "Agreement ") made the day of October, 2006, by and between VICTOR D. MACOMBER, 3452 Lisburn Road, Mechanicsburg, 17055 (hereinafter the "Mortgagor') and MID PENN BANK, a Pennsylvania banking corporation, having an office located at 349 Union Street, Millersburg, Pennsylvania 17061 (hereinafter the "Mortgagee "). IN ITNESSETH: WHEREAS, Mortgagor borrowed the sum of One Hundred Eighty -Five Thousand ($185,000.00) Dollars (hereinafter the "Loan ") from Mortgagee as evidenced by that certain Promissory Note dated August 31, 2006 (hereinafter the "Note "), and secured Mortgagor's obligation under the Note by that certain Mortgage (hereinafter the "Mortgage ") likewise dated August 31, 2006 and recorded in the Office of the Recorder of :Deeds of Cumberland County, Pennsylvania in Record Book (91a a Page t- S , covering the property known as 3452 Lisburn Road, Mechanicsburg, Pennsylvania, 17055 (hereinafter the "Property ") as more fully described in the Mortgage; and, WHEREAS, pursuant to the terms of the Note and Mortgage, Mortgagor agreed to repay all outstanding principal and accrued interest and any other loan charges pursuant to the Loan in full according to the terms thereof, and, WHEREAS, Mortgagor and Mortgagee have agreed to a modification of the Mortgage by increasing the principal amount of the Mortgage to One Hundred Ninety -Five Thousand ($195,000.00) Dollars; and WHEREAS, the parties desire to confirm their understanding in writing. NOW, THEREFORE, in consideration of the mutual promises contained herein, each of the parties hereto agree as follows: OK073 i PGO078 �1� J. 1. Recitals. The above stated recitals are Incorporated herein and made a part of this Agreement. 2. Modification. In addition to the Note dated August 31, 2006 and the Note Modification Agreement entered on an even date herewith, the Mortgage henceforth shall secure the payment and performance of Mortgagor's obligations under the Note and Note Modification Agreement of even date herewith and under the Loan Documents dated August 31, 2006 and of even date herewith, and Mortgagor hereby grants and conveys, and affirms and restates the grant and conveyance of the property to Mortgagee as set forth in said Mortgage as security therefor. To the extent that the Mortgage recites that it is security for the Note of One Hundred Eighty -Five Thousand ($185,000.00) Dollars, it is deemed modified to express that it is given as security, inter alia, for payment of the Note dated August 31, 2006 now totaling One Hundred Ninety -Five Thousand ($195,000.00) Dollars and to the extent that the original Mortgage refers to indebtedness secured thereby, it shall be deemed to be amended to include the new amount. I 3. Reaffirmation: and Ratification. Except as specifically amended and modified by this Agreement and the Note Modification Agreement, the Mortgage shall remain unmodified and in full: force and effect, and nothing contained herein is intended to impair the priority or effect of the Mortgage with respect to the indebtedness evidenced by the Note date August 31, 2006 or the Note of even date herewith. In all other respects, the Mortgage shall continue in full force and effect and constitute a first mortgage lien on the property. 4. Representation. Mortgagor represents and covenants that as of the date of this Agreement it has no defense or right of setoff with respect to the Note dated August 31, 2006, or the original Mortgage as modified by this Agreement. 5. Successors. This Agreement shall be binding upon the parties hereto, as well as their successors and assigns, as the case may be. BK073 I PG0079. _2_ • • • IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have executed this Mortgage Modification Agreement as of day and year first above written. Signed, acknowledged and delivered in the presence of.• actor D. Macomb 6r Mid Penn Bank By: N— Y• Na e: , S Title: I OK0731PG0080 - - 'COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF (( . On this the 4f day of 6C1 Xr" 2006, before me, the undersigned Notary Public, personally appeared VICTOR D. MACOMBER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. nU' d CO?,Ap,AOj4'P`EALTH OF PEN NSYLVANIA. Notary Public ;40TARIAL SEAL. LORI A. RICHARD, Notary Public Lemoyne 5oro., Cumberiond County My Commiss Expir Nov. 12, 2006 h9ambzr, Pannsylvanla ASSGCIA01 of rJotaries i iNr I COMMONWEALTH OF PENNSYLVANIA ' SS. COUNTY OF ULIn + ond On this the u 441 day of _( CfU , 2006, before me, a notary public, the undersigned officer, personally appeared - Tod N, Sk aAL )L , who acknowledged himself /herself to be the YICCPfe)ICIEI'll - POAlI U in Mid Penn Bank, and being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation by himself /herself as Yltf Qr"U&M- -aflit( !.IA IN WITNESS WHEREOF, l have hereunto set my hand and official seal. COMMONWEA OF PENNSYLVANIA NOTARIAL SEAL. LORI A, RICHARD. Not.;ry Public Notary Public Lemoyne B)ro., Cumberlsnu Court'/ Il k/ Commission Expires Mrr.12, 200G Matnbar, Pennsylvanla AsBcc!aOan of Ptotaries :283802 I Certify this to be recut-d-1-:.1 In Cumberland County tj A L} A KO73 I PGO08I MID PENN BANK MORTGAGE - MODIFICATION AGREEMENT THIS AGREEMENT made as of the 23rd day of April, 2010, between i Victor D. Macomber AND Mid Penn Bank, which is organized and existing under the laws of The State of Pennsylvania. I WHEREAS, Mid Penn Bank loaned the sum of One Hundred Ninety Five Thousand Dollars and 00 /100 ($195,000.00), Mortgage executed and delivered on August 31, 2006 against the following property: 3452 Lisburn Road, Mechanicsburg, PA 17055 more particularly described in said Mortgage recorded October 10, 2006, in the Office of the Recorder of Deeds of Cumberland County, Book 1968, Page No. 4534. NOW THEREFORE, in consideration of the indebtedness and the changes herein contained, and intending to be legally bound hereby, the parties do hereby agree as follows: CHECK APPROPRIATE LINE AND COMPLETE NECESSARY INFORMATION. 1. FIRST PAYMENT. The principal and interest payment shall begin on , rather than the date originally set forth in said Note and/or Mortgage. X 2. MATURITY DATE. The maturity date of this obligation, on which date the entire unpaid balance of principal and interest shall become due and payable on 04/09/2013 on which date made earlier, rather than the date originally set forth in said Note and/or Mortgage. 3. MORTGAGE AMOUNT. The principal amount of this obligation is hereby modified so the full debt is changed to rather than the amount set forth in said note and /or Mortgage. 4. RATE OF INTEREST. Rate of interest will be changed to %. Page 2 1 I 5. MONTHLY PAYMENT. 35 monthly payments of $1,291.05, principal and interest, beginning on 05/09/2010 and a final balloon payment in the amount of $179,322.01 will be due at the new maturity date of April 9, 2013 6. LEGAL DESCRIPTION. 7. RIDER TO MORTGAGE. 8. Other: In all other respects, the provisions of the Note and Mortgage shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seals: WITNESS: L/ j?'`�� Victor D. Macomber f I i MID PENN BANK 1 100 SERRATELLI SCHIFFMAN & BROWN P.c. December 19, 2013 Via Certified Mail, R.R.R. & Regular Mail Dwight F. Macomber, Administrator for the JENI S. MADDEN Estate of Victor D. Macomber tel 717.635.2920 466 East King Road fax 7 Malvern, PA 19355 jmadden @SSBC -LAW. COM Re: Our client, Mid Penn Bank Loan No. 9803594 2080 LINGLESTOWN RD. STE 201 Dear Mr. Macomber: HARRISBURG, PA 17110-9670 tel717.540.9170 Enclosed herewith please find an Act 6 Notice with regard to the above - fax 717.540.5481 referenced loan. WWW.SSBC- LA,W.COM Please be guided accordingly. Sincerely, SERRATELLI, SCHIFFMAN, & BROWN & P.C. Je ' S. Madden, Esq. Cc: Amy Custer, Mid Penn Bank Richard W. Stewart, Esquire THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. v s i ACT 6 NOTICE NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by MID PENN BANK (hereinafter we, us or ours,) on the property located at 3452 Lisburn Road, Mechanicsburg, Pennsylvania has matured and IS IN SERIOUS DEFAULT because payment in full has not been made. The loan matured on April 19, 2013. The total amount now required to cure this default, or in other words, get caught up in your payments, is $188,708.18 as of December 11, 2013, which is itemized as follows: Principal: $177,571.67 Interest: $ 2,110.41 Late Charges: $ 8,966.10 Costs: $ 60.00 TOTAL: $188,708.18 You may cure this default within THIRTY (3 0) DAYS, of the date of this letter, by paying to us the above amount of $188,708.18, plus any additional interest and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at 5500 Allentown Boulevard, Harrisburg, PA 17112. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorneys fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorneys fees even if they are over $50.00. Any attorneys' fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount due plus any late or other charges then due, as well as the reasonable attorney fees and costs connected with the foreclosure sale. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately June, 2014. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (717) 920 -3576. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should. realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. If you cure the default, the mortgage will be restored to the same position as if no default ' had occurred. However, you are not entitled to this right to cure your default more than three . times in any calendar year. /S/ Mid Penn Bank f SERRATELLI SCHIFFMAN & BROWN P.C. F 5 December 19, 2013 Via Certified Mail, R.R.R. & Regular Mail JENI S. MADDEN Gay M. Lewis, Administrator for the Estate of Victor D. Macomber tel 717.635.2920 1311 Lone Pine Ct. fax 7 Steelton, PA 17113 jmadden @SSBC -LAW. COM Re: Our client, Mid Penn Bank Loan No. 9803594 2050 LINGLESTOWN RD. STE 201 Dear Ms. Lewis: HARRISBURG, PA 17110 -9670 tel717.540.9170 Enclosed herewith please find an Act 6 Notice with regard to the above - fax 717.540.5481 referenced loan. WWW.SSBC- LAW.COM Please be guided accordingly. Sincerely, SERRATELLI, SCHIFFMAN, & BROWN & P. C. J i S. Madden, Esq. Cc: Amy Custer, Mid Penn Bank Richard W. Stewart, Esquire THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. ACT 6 NOTICE NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by MID PENN BANK (hereinafter we, us or ours,) on the property located at 3452 Lisburn Road, Mechanicsburg, Pennsylvania has matured and IS IN SERIOUS DEFAULT because payment in full has not been made. The loan matured on April 19, 2013. The total amount now required to cure this default, or in other words, get caught up in your payments, is $188,708.18 as of December 11, 2013, which is itemized as follows: Principal: $177,571.67 Interest: $ 2,110.41 Late Charges: $ 8,966.10 Costs: $ 60.00 TOTAL: $188,708.18 You may cure this default within THIRTY (3 0) DAYS, of the date of this letter, by paying to us the above amount of $188,708.18, plus any additional interest and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at 5500 Allentown Boulevard, Harrisburg, PA 17112. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorneys fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorneys fees even if they are over $50.00. Any attorneys' fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney fees. We may also .sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount due plus any late or other charges then due, as well as the reasonable attorney fees and costs connected with the foreclosure sale. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately June, 2014. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (717) 920 -3576. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. /S/ Mid Penn Bank SECTI . Kc■- lete4tems 1, 2, and 3:- t4h�sromplete �- • _A, Si r itc; 4 if Restricted Deliveryis desired. -- -- ❑ Agent ■ Prtr}f your name and address on the reverse X Addressee so•that we can returrrthe card to you. g ived by (Printe ame) C Date Del' ery >• °Attach this card to thi 6hdk•bf && mailpiece, or on the front if space permits, D. Is delivery address different from item 1? es 1. Article Addressed to: If YES, enter delivery address below: ❑ No Cray M. LeWiS, Lstra lvr Tor f h e Esi - Q}e, of Vi ctor D. Macom 1311 Lone P in e Co 3. Se , ppice Type S1 +on , � `� 1 Iff Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt far Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes z. Article Number 7013 0600 0001 0237 3573 (Transfer from service fabeQ PS Form 3811, February 2004 Domestic Return Receipt 102595 - 02 - - 1540 ; C OMPLETE • N COMPLETE THIS SECTION ON D ELIVERY • Complete items 1, 2, and 3. Also complete A. Sig item 4 if Restricted Delivery is desired. gent • Print your name and address on the reverse X � z� � Zkddressee so that we can return the card to you. g, eived tint /Vame) C. Date o Del' ery ' • Attach this card to the back of the mailpiece, ,/ yt or on the front if space permits. 1 • Article Addressed to: D. is delivery jddr6s different from item 1? Yes If YES, error delivery address below: No DYy19,ht' FMacornber I NU nts# �-q{ �rfGr the Estat -,- of Vidor D. Macom bet M 4W EQsi Kl' Rood 71r3Registered Type a l vvr n , pA Iq 355 ed Mall [3 Express Mail ❑Return Receipt for Merchandise d Mail ❑ C.O:D. 4. Restricted Delivery? (Extra Fee) ❑ Yes ! 2. Article Number 7013 0600 0001 0237 3566 ! (Transfer from service iabeo ; PS Form 3811, February 2004 Domestic Return Receipt 102595.02 -M -1540 LED-OFFICE THE PROTHONCTAHI Mir MAR 13 All 11: 08 CUMBERLAND COUNTY PENNSYLVANIA Marvin Beshore, Esquire Attorney ID No. 31979 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 FAX (717) 236-0791 Email: Mbeshoregbeshorelaw.com MID PENN BANK, Plaintiff VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA DWIGHT F. MACOMBER and GAY M. • LEWIS, Co-Administrators of the • Estate of Victor D. Macomber, Deceased : Defendants No. 14-0848 - Civil Term Civil - Mortgage Foreclosure ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Marvin Beshore, Esquire, as counsel for Defendants, DWIGHT F. MACOMBER and GAY M. LEWIS, Co-Administrators of the Estate of Victor D. Macomber, Deceased, in the above-captioned matter. Date: March 11, 2014 By: ,A4 a i 'Beshore, squire Attorney ID. # 31979 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 FAX (717) 236-0791 mbeshore@beshorelaw.com MID PENN BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. DWIGHT F. MACOMBER and GAY M. : LEWIS, Co-Administrators of the Estate of Victor D. Macomber, Deceased : Defendants No. 14-0848 - Civil Term Civil - Mortgage Foreclosure CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Entry of Appearance upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 11' day of March 2014, addressed as follows: Steven J. Schiffman, Esquire Carol L. Verish, Esquire Serratelli, Schiffman, & Brown, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 By: a in Beshore, Esquire Attorney ID. # 31979 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 FAX (717) 236-0791 mbeshore@beshorelaw.com Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY --''--'_' ' _ --' ' '_-- --' __-'--_-'-_--- t: /HFpROTAONO-r~,Ri 7O|LN&A |7 AM 10: �D ,_ CUMBERLAND COUNTY PENNSYLVANIA � ' CErailbet4 OFFICE OF ME V4ERIFF Mid Penn Bank vs. Dwight Macomber (et al.) Case Number 2014-848 SHERIFF'S RETURN OF SERVICE 02/102014 Sheriff Ronny R Anderson, being duly sworn accordingtolaw, states he made diligent search arid inquiry for the within named Defendant to wit: Dwight Macomber but was unable to Iocate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Chester, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according tolaw, '02/18/2014 Sheriff Ronny R Anderson, being duly sworn according to Iaw, states he made diligent search and inquiry for the within named Defendant to wit: Gay M Lewis, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to Iaw. 02/26/ 2014 09:17 AM - The requested Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Elaine Conroy, who accepted for Gay M Lewis, at 1311 Lone Pine Court, Steelton, R417113.Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 03/05/2014 12:45 PM - The requested Complaint in Mortgage Foreclosure served by the Sheriff of Chester County upon Dwight Macomber, personally, at 466 East King Road, Malvern, PA 19355. Carolyn B. Welsh, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: *G2OO SO ANSWERS, March 12, 2014 RONNYR ANDERSON, SHERIFF - \. it • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ow of Co-/4414 t0 'fix OFFICE OF THE SHERIFF Richard W Stewart Solicitor EXP: 03/14/2014 466 EAST KING ROAD, MALVERN, PA 19355 Mid Penn Bank vs. Dwight Macomber (et al.) [Service Details: Category: (Civil Action - Complaint in Mortgage Foreclosure Manner: Notes: aZe /4 - 9cx. z- SAC.._ Case Number 2014 -848 a -•4 -.-,/ o6on SERVICE COVER SHEET Zone: [Deputize Expires: 03/14/2014 Warrant: L Serve To: Name: Primary Address: Phone: Alternate Address: Phone: Dwight Macomber 466 East King Road Malvern, PA 19355 DOB: 1 [Final Service: Served: Personally dult In Charge • Posted • Other Adult In Charge: GJJ K -C o 113 Relation: Date: Deputy: Time: Mileage: 1 A`4514 [Attorney / Originator: Name: Carol L Verish Phone: Service Attempts: Date: Time: 4 Mileage: °,, Deputy: MACOMBER, DWIGHT 5 [Notes / Special Instructions: Now, February 18, 2014 I, Sheriff of Cumberland County, Pennsylvania do hereby dep tYetthetSleriff of Chester County to execute service of the documents herewith and make return thereof ac,d i # Idv . fir '�. Return To: Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 (ci Court'Stte Sheriff Te!eosoft. Inc. Ronny R Anderson, Sheriff Shelley Ruhl Real Estate Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy MID PENN BANK VS GAY M. LEWIS Sheriffs Return No. 2014-T-0540 OTHER COUNTY NO. 2014-848 And now: FEBRUARY 26, 2014 at 9:17:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon GAY M. LEWIS by personally handing to EILANE CONROY * 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 1311 LONE PINE COURT STEELTON PA 17113 * TENANT AND FRIEND OF DEFENDANT AND ADULT PERSON IN CHARGE AT TIME OF SERVICE. Sworn and subscribed to before me this 27TH day of February, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 By De Sheriff De ty: J STRAINING Sheriffs Costs: $43.25 2/21/2014 MID PENN BANK, : IN THE COURT : CUMBERLAND Plaintiff v. : No.2014-0848 DWIGHT F. MACOMBER and GAY M. : LEWIS, Co -Administrators of the Estate of Victor D. Macomber, Deceased, Civil — Mortgage OF COMMON PLEAS OF COUNTY, PENNSYLVANIA Foreclosure Defendants CONSENT JUDGMENT IN MORTGAGE FORECLOSURE AND NOW, this ,0� day of July, 2014, it is hereby agreed by and between. MID PENN BANK (hereinafter "Plaintiff'), by and through its attorneys, Serratelli, Schiffman & Brown, P.C., and Dwight F. Macomber and Gay M. Lewis; Co -Executors of the Estate Victor D. Macomber (erroneously named as Co -Administrators in caption and prior pleadings in this matter), (hereinafter "Defendants"), as follows: Judgment is hereby entered in favor of Plaintiff and against Defendants, in mortgage foreclosure on the mortgaged premises known as 3452 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 in the total sum of $195,269.86 plus all amounts advanced by Plaintiff in collection of the debt pursuant to the terms of the Note and loan documents, monthly late charges, reasonable attorneys' fees, and interest from January 21, 2014. CONSENTED TO BY: o 1 . of L. V: ish, Esquire Attorney for Plaintiff Mid Penn Bank c---- CA Defenda � Dwight F. Macomber, Co-Exe utor of the Estate of Victor D. Macomber, Deceased V\ Defendant Qa )M. Lewis, Co -Executor of the Estate of Victor D. Macomber, Deceased Doiv1/4 Asql) pQ