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HomeMy WebLinkAbout02-4028IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS BANK, Plaintiff, VS. SAMUEL A. CALAMAN and JUANITA CALAMAN, Defendants. CIVIL DIVISION NO. O~.,, "" d}/~ ISSUE NUMBER: TYPE OF PLEADING: CIVIL ACTION - COMPLAiNT iN MORTGAGE FORECLOSURE TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS ATTORNEY FO,,R"P LaA IN TI FF I IIEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: Three Gateway Center Pittsburgh, PA 15222 AND THE DEFENDANT IS: 456 Mount Rock Road Newvill¢, PA 17241 AT'['O~NEY FOR P~IN~IFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 456 Mount Rock Rd.~ West Pennsboro Township (CITY, BORO, TOWNSHIP) (WARD) ATTORNEY FOR Pl~qZlfiF CODE - FILED ON BEHALF OF PLAINTIFF: Dollar Bank, Federal Savings Bank COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. I.D. #48450 GRENEN & BIRSIC, P.C. Firm #023 One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS BANK, Plaintiff; VS. SAMUEL A. CALAMAN and JUANITA CALAMAN, Defendants. CIVIL DIVISION NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment 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 SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS BANK, VS. Plaintiff, SAMUEL A. CALAMAN and JUANITA CALAMAN, CIVIL DIVISION Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Dollar Bank, Federal Savings Bank, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Dollar Bank, Federal Savings Bank, which has its principal place of business at Three Gateway Center, Pittsburgh, Pennsylvania 15222 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendants, Samuel A. Calaman and Juanita Calaman, are individuals whose last known address is 456 Mount Rock Road, Newville, Pennsylvania 17241. 3. On or about April 14, 2000, the Defendants executed an Adjustable Rate Note ("Note") in favor of First United Mortgage Services, Inc. ("First United") in the original principal amount of $126,500.00. A true and correct copy of said Note is marked Exhibit "A," attached hereto and made a part hereof. 4. On or about April 14, 2000, as security for payment of the aforesaid Note, the Defendants made, executed and delivered to First United a Mortgage in the original principal amount of $126,500.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on April 26, 2000 in Mortgage Book Volume 1607, Page 1145. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B," attached hereto and made a part hereof. 5. First United assigned all right, title and interest in and to the aforesaid Mortgage and Note to Plaintiff pursuant to the terms ora certain Assignment of Mortgage recorded in the Office of the Recorder of Deeds of Cumberland County on April 26, 2002 in Mortgage Book Volume 643, Page 58. A true and correct copy of said Assignment is marked Exhibit "C", attached hereto and made a part hereof. 6. Defendants are the record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the March 1, 2002 payment. 8. On or about June 26, 2002, the Defendants were mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983 ("Act 91 Notices"), in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. 9. Plaintiff was not required to send Defendants separate Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. § 101, et seq., as a re sult of sending the Act 91 Notice s. 10. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 120,415.28 Interest through 7/31/02 $ 4,355.09 Late Charges through 7/31/02 $ 51.78 Escrow Deficiency through 7/31/02 $ 374.59 Attorney's fees $ 1,250.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $ 128,946.74 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $128,946.74 ~vith interest thereon at the rate of $23.92 per diem from July 31, 2002 and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. By: GRENEN & BIRSIC, P.C. Daniel J. Birsi'(, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" ADJUSTABLE RATE NOTE ,OAN NO. 172~044 (1 Year Treasury Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT· THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. ~PRIL 14, 2000 Camp Hill IC~yI 456 MOUNT ROCK ROAD N~WVILLE, PA 17241 BORROWER'S PROMISE TO PAY (this amount is called in return for a loax! that i have received, i promise to pay U.S.$ 126,500.00 )ducipal"), plus interest, to the order of the Lender. The Lender is FIRST UNITED MORTGAGE SERVICES, INC 4931 CARLISLE PIKE, MECHANICSBUNG, PA 17055 understand that the Lender may transfer this Note. The Lender or anyone who takes [his Note by transfer and who ia entitled to ~ceive payments under this Note Is called the "Note Holder'. · INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 7.2 50 %. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rote required by this Section 2 and Section 4 of this Note is the rote I will pay both before and after any default escribed in Section 7 (B) of this Note. ;. pAYMENTS (A) Time and Place of payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month begining on ~ i , 2 000. I will make these payments every month until I have paid all of the principal and interest and any other charges described )elow that I may owe under this Note. My monthly'payments will be applied to interest before principal. If, on MAY 1 2 030 , 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 monthly payments at 4931 CARLISLE PIKE, MECHANICSBURG., PA 17055 , or at a different place if required by the Note Holder. 01) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 862.96 . Th~s amount may change. Monthly Payment Changes ~2anges in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate .that I must pay. The Note Holder will determine my new xntemst rate and the changed amount of my monthly payment m accordance with Secuon 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates 2003 , and on that day The interest rate I will pay may change on the first day of MAY , every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date". CB) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Beard. The most recent Index figure available as of the date 45 days before eacl~ Change Date ~s called the Current lade . MULTISTATE ADJUSTABLE RATE NOTE- ARM 6-2 - Single Family - Fannie Mae/Freddie Mac Uniform Instrument Form 3502 3185 919o If the Inde~ is no longer available, theQte Holder will choose a new index which is ~a~ed upon comparable information. The 3re Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding T~qo 3._,N'D THREE QU/LRTERS percentage points ( 2.7 50 %) to the Cra'rent Index. The Note Holder will then round the result this addition to the nearest one-eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this ~unded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be suffteient to repay the unpaid principal at I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The ~ult of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the fi~t Change Date will not be greater than 9.2 S 0 % or less than 5.2 S 0 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than vo percentage points (2.0%) from the rate of interest I have been paying for the preceding twelve months. My interest rate will never e greater than ~.3.250 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning n the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment ,efore the effective date of any change. The notice will include information required by law to be given me and also the title and elephone number of a person who will answer any question I may have regarding the notice. ;. 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 "pre- ~ayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of ny prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes n the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial prepayment may :educe the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due :o my partial prepayment may be offset by an interest rate increase. S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan :barges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii)any suma already co~e~ted from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepay- ment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of ~.5 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 6,000 % of my overdue pay- ment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. MULTISTATE ADJUSTABLE RATE NOTE- ARM 6-2 - Single Family - Fannie Mae/Freddie Mac Uniform Instrument Forms/~o3502 3185 FNMA3502 (7195) Page 2 of 4 (C) Notice of Default ~ IfI am in~defuult, the Note Holder m'lll~end me a written notice telling me that [fi pay the overdue amount by a certain ate, tho Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest hat I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time I am in default, the Note Holder does not require me to pay immediately ia full as described above, the Note iotder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid ,ack by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses oclude, for example, reasonable attorneys' fees. I. 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 del[v- ;ring it or by mailing it by first class mail ~, me at the Property Address above or at a different address if I give the Note Holder a ~otice 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 ~tolder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. ). OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises' made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obli- gated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Present- meat" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURJgD NOTE This Note is a uniform instrument with limited variations in some jurisdictions, in addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Secu- rity Insmanent describes how and under what conditions I may be required to make immediate payment in full of ail amounts I owe under this Note. Some of thoso conditions are described as fulinws: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part'of the Property or any inter- est in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instnunent. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security insmtment is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. MULTISTATE ADJUSTABLE RATE NOTE* ARM 6-2 - Single Family - Fannie Mae/Freddie Mac Uniform Instrument Form 3502 3/85 FNMA3502 {7/95} Page 3 of 4 5190 If Lender exercises the option to l~l[e immediate payment m flail, Lender shall ~,o. rrower not[.ce of a.c.~.lerat~.on,. The notice shall provide a period of nl~[ess than 30 days from the date the nonce 'l~l~ehvered or totaled w~thm whica Borrower must pay all sums secured by tNs Security Instrument. If Borrower fails to pay these sums prior to the expira- tion of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. NITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. P\\ ,, e _ i" 'q ' ~ANITA ~AMUEL A CALAMAN 5ocial Security Number 2.73=54-7713 Social Security Number 204 - 54 - 5403 (Seal) (Seal) Social Security Number Social Security Number. [Sign Oi-iginal Only] RECOURSE, PAY TO THE ORDER OF DOLLAR BANK, F. S. B., ITS , /~SORS AND/OR ASSIGNS, AS THEIR 1-~I'~:F. ESTS MAY APPEAR, THREE GA'IIs~AY Cm~,.~p~/fTSBURGN, .~ 15~-~HIS 14TH_DAY OF APRIL , 2000. MULTISTATE ADJUSTABLE RATE NOTE- ARM 6-2 - Single Family - Fannie Mae/Freddie Mac Uniform instrument Form 3502 3/85 FNMA3502 (71951 Page 4 of 4 5190 EXHIBIT "B" ~C ~ ~ ..... 7 %'3LER "-" ~ ' ' DEEDS C t~ .... ~.~.,.~u OOUNTY-PA '00 FIPR 2G fill 8 21 PARCEL NO. LOAN NO. 1722044 [Sp~e Above ~is Li~ hr R~o~ing Dali MORTGAGE THIS MORTGAGE ("Security Instrument") is given on APRIL 14, 2000 SAMUEL A CALAMAN AND JUANITA CALAMAN · The mortgagor is ("Borrower"). This Security Instrument is given to FIRST UNITED MORTOAGE SERVICES, INC, 4931 CARLISLE PIKE, MECHANICSBURG, PA 17055 which is organized and existing under the laws of COMMONWEALTH OF PENNSYLVANIA and whose address is 4 9 3'1 CARLISLE PIKE MECHANICSBUR~, PA 17055 ("Lender"). Borro~ver owes Lender the prineipal sum of ONE HUNDRED TWENTY-SIX THOUSAND FIVE HUNDRED AND 00/100 Dollars (U.S. $ 126,500.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on MAY 1, 2 0 3 0 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) 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 CUMBER~ County, Pennsylvania: SEE ATTACHED LEGAL DESCRIPTION which has the address of Pennsylvania 17 2 41 [Zip Code] 456 MOUNT ROCK ROAD, NEWVILLE [S~eet] ("Property Address"); 1607 m£ 1145 Page 1 of 7 [City] initials~,~'~J~--- TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the PropeiXy, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. CRESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may 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 such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may 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. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicahie law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly, furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly fiimish to Lender receipts evidencing the payments. ~oo~18Y7~'~t14~ lnifials:~C ~'~ Page 2 of 7 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; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; 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 pan of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. llazard or 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 floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unseasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. 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, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. 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 any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's fight to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty 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 up. reasonably withheld, or unless extenuating circumstances exist which are beyond Borrov~er's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. 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. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's Page 3 of 7 actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, 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 approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by Co) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the 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 condemnor offers to make an award or 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 proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instmraant, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the mount of such payments. 11. 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 any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or 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 Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Severable Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is m-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sun~ secured by this Security fustmment; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that 13. Loan Charges. If the loan secured by this Security Instrument 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 under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated heroin or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. 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. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exemised by Lender if exemise is prohibited by federal law as of the date of this Security Instrument. If Lender exemises 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 delivered or mailed 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. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enfomement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enfoming this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the 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 paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may 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 in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. 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. Borrower shall promptly give Lender written notice of 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. If Borrower learns, or is notified by any governmental or regulatory authority, 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. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances 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. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. 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 paragraph 17 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. The notice 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 Instrumeat by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. 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 without charge to Borrower. Borrower shall pay any recordation costs. 23. 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. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquiie title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or ia an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ~ Adjustable Rate Rider ~ Condominium Rider ~ Planned Unit Development Rider ~1-4 Family Rider Graduated Payment Rider ~--~ Biweekly Payment Rider ~ Balloon Rider ~ Rate Improvement Rider ~-~ Second Home Rider ~-] Other(s)[specify] ~01(t~[7~ initiala:x.~/C Page 6 of 7 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and 'in any rider(s) executed by Borrower and recorded with it. Wimesses: BAMUEL A CALAMAN (Seal) (Seal) (S~) (Seal) [Space Below Th[* IJne For Acknowledgment] Certificate of Residence I, SUZANNE JONES , do hereby certify that the correct address of the within-named Mortgagee is : 4931 CARLISLE PIKE MECHANICSBURG, PA 17055 Witnessmy hand this 14TH day of APRIL, 2000 COMMONWEALTH OF PENNSYLVANIA } County of C~I'I~-/I~/~- } Agent of Mortgagee Onthis 14TH dayof APRIL, 2000 , before me, the undersigned, a Notary Public in and for said County, personally appeared SAMUEL A CALAMAN AND JUANITA CALAMAN , and acknowledged the execution of the foregoing instrument. Witness my hand and official seal My Commission expires: ; 3: ~ ~'~ Notaxy Public NOTA~iAL SEAL ALL THAT CERTAIN tract or parcel of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a point on the southern dedicated right-of-way line of Mt. Rock Road (LR 21003) at lands now or formerly of William Brownawell; thence along said dividing line, South 19 degrees 35 minutes 43 seconds East, 727.86 feet to a concrete monument; thence along the dividing line between Lot Nos. 9 and 10 on said Plan, North 88 degrees 06 minutes 18 seconds West, 331.38 feet to a point; thence continuing along the dividing line between Lot Nos. 10 and 10A on said Plan, North 10 degrees 00 minutes 17 seconds West, 704.77 feet to a point on the southern dedicated right-of-way line of said Mt. Rock Road; thence along said right-of-way line, South 84 degrees 44 minutes 07 seconds East, 210.42 feet to a point, the Place of BEGINNING. BEING further described as Lot No. 10A on the Final Subdivision Plan for Harmon Graves Company and Kimba, Inc., prepared by Stanley Jarmolenko, R.S., dated October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57. HAVING THEREON ERECTED a dwelling known as Mt. Rock Road, Newville, Pennsylvania. SUBJECT, HOWEVER, to building and use restrictions as follows: 1. No open dumping shall be permitted on said tract of land. 2. No mobile homes shall be permitted on said tract of land. 3. No junkyards, junk cars or unlicensed vehicles shall be permitted on said tract of land. 4. No residence of size less than 1,200 square feet finished living area shall be erected on said tract of land. LOAN NO. 1722044 ADJUSTABLE RATE RIDER (1 Year Treasury Index - Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 14TH day of APRIL, 2 0 0 0 , 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 Adjustable Rate Note (the "Note") to FIRST UNITED MORTGAGE SERVICES, INC, 4931 CARLISLE PIKE, MECHANICSBURG, PA 17055 (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 456 MOUNT ROCK ROAD NEWVILLE, PA 17241 [ProperW Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7.2 5 0 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of MAY , 200 3, and on that day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date". MULTISTATE ADJUSTABLE RATE RIDER - ARM 6-2 - Single Family- Fannie Mae/Freddie Mac Uniform Instrument Form #3111 3~85 Page 1 of 3 REVISED (101941 Initials: (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index". If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND THREE QUARTERS percentage points ( 2.7 5 0 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.2 5 0 % or less than 5.2 5 0 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than two percentage points (2.0%) from the rate of interest have been paying for the preceding twelve months. My interest rate will never be greater than 13,2 5 0 %. (E) Effective Date of Changes My new interest rote will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended to read as follows: MULTISTATE ADJUSTABLE RATE RIDER - ARM 6-2 - Single Family- Fannie Mae/Freddie Mac Uniform Form//31 1 1 3185 Page 2 of 3 REVISED (10194) Initials: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreemems made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, 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 delivered or mailed 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 Instrumem without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. SA~E~. A ~CALAMAN (Seal) (Seal) MU ITIS]'A].I-' ADJUS].ABIE RA].£ RIDER - ARM 6-2- S,ngl. Fam,ly- ~ann,a Maa/~,addi. Ma~ i ~ ~g Form~3111 3/85 Page3of3 ~ ;~.~ R~ISED (10/94) ~ ~ ~ :,:~,'c;~d i[~ th~ office for t~ ~ ~: ~. B~l~_~ol. Page · ~;.~s my hand an~l of office ~ ~ ~ . C~rlisle, PAthis ~ dayof~..~ EXHIBIT "C" ? ( ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS, that FIRST UNITED MORTGAGE SERVICES, INC., for valuable consideration received to its full satisfaction, does hereby sell, assign, transfer and set over unto DOLLAR BANK, FEDERAL SAVINGS BANK, its successors and/or assigns, a certain Mortgage dated the 14TH of APP. ZL ., 2000 executed and delivered to FIRST UNITED MORTGAGE SERVICES, INC. by SAMUEL A. CALAMAN AND JUANITA CALAMAN (WEST Pi~qNSBORO TWP) and recorded in Mortgage Book Volume'-- ~'1~(3l , Page''|'~'i~ , together with a Promissory Note secured thereby and referred to therein; and all sums of money due and to become due thereon. MORTGAGE AMOUNT $ 126,500.00 IN WITNESS WHEREOF, FIRST UNITED MORTGAGE SERVICES, INC. hereunto sets its hand this 14~i Witness: COMMONWEALTH OF PENNSYI day of ~i~ _VANIA~ COUNTY OF CUMBERLAND ) SS. ) On this, the 14~i day of ~ ,2000, before me, a Notary Public, the undersigned officer, personally appeared Norma R. Moss, who acknowledged herself to be the President of First United Mortgage Services, Inc., a corporation, and that she as such President, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by herself as President. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary~ublic After recordina return to: FIRST UNITED MORTGAGE SERVICES, INC. 4931 Carlisle Pike Mechanicsburg, PA 17055 Notarial Seal Jutle A. Douville, Notary Public Hampden Twp,, Cumberland County My Commission Expires Nov. 20, 2000 Member, Psnnsytvaoia Association of Notaries Commitment Number: CAD00180 RST AHERICAN TITLE INSUR3MqC SCHEDULE C PROPERTY DESCRIPTION ,--, !,q DEEDS RcuO~': 2 ;. ur CUI4BERLAND COUNTY-PA '00 t PI] 26 FII 8 21 The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract or parcel of land situate in West Pennsboro Township, Cun%berland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a point on the southern dedicated right-of-way line of Mt. Rock Road (LR 21003) at lands now or formerly of William Brownawell; thence along said dividing line, South 19 degrees 35 minutes 43 seconds East, 727.86 feet to a concrete monument; thence along the dividing line between Lot Nos. 9 and 10 on said Plan, North 88 degrees 06 minutes 18 seconds West, 331.38 feet to a point; thence continuing along the dividing line between Lot Nos. 10 and 10A on said Plan, North 10 degrees 00 minutes 17 seconds West, 704.77 feet to a point on the southern dedicated right-of-way line of said Mt. Rock Road; thence along said right-of-way line, South 84 degrees 44 minutes 07 seconds East, 210.42 feet to a point, the Place of BEGINNING. BEING further described as Lot No. 10A on the Final Subdivision Plan for Harmon Graves Company and Kin~a, Inc., prepared by Stanley Jarmolenko, R.S., dated October 17, 1985 and recorded in Cumberland County Plan Book 49, Page 57. HAVING THEREON ERECTED a dwelling known as Mt. Rock Road, New~ille, Pennsylvania. SUBJECT, HOWEVER, to building and use restrictions as follows: 1. No open dumping shall be permitted on said tract of land. 2. No mobile homes shall be permitted on said tract of land. 3. No junkyards, junk cars or unlicensed vehicles shall be permitted on said tract of land. 4. No residence of size less than 1,200 square feet finishe~ living ~ea shall be erected on said tract of land. ALTA Commitment Schedule C ·., u~ C,,mberlandJ '~ ., , :~ ,:,,,-- ,:,~,: '" ,':, ,::~ in the off ce for the 1~8o~¢ _Vol. Pag~ , ,,~smyhan~lofoffi~ 643 59 VERIFICATION Robert T. Messner, Esquire, General Counsel, and duly authorized representative of Dollar Bank, Federal Savings Bank, deposes and says subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unsworn fhlsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to his information and belief. General Counsel Dollar Bank, Federal Savings Ba~k SHERIFF'S RETURN - CASE NO: 2002-04028 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DOLLAR BANK FEDERAL SAVINGS BA VS CALAMAN SAMUEL A ET AL REGULAR JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CALAMAN SAMUEL A the DEFENDANT , at .2110:00 HOURS, at 456 MOUNT ROCK ROAD NEWVILLE, PA 17241 SAMUEL CALAMAN a true and attested copy of COMPLAINT on the 4th day of S~eptember, ~002 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this _//~ _ day of ~~,_~ ~ O~3 .L~ A.D. 'Pz~ot honot ary , So Answers: R. Thomas Kline ' 09/06/2002 GRENEN & BIRSIC By: ~S~herlff SHERIFF'S RETURN - REGULAR CASE NO: 2002-04028 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DOLLAR BANK FEDERAL SAVINGS BA VS CALA24A/~ SAMUEL A ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CALAMAN JUANITAthe DEFENDANT , at 2110:00 HOURS, on the at 456 MOUNT ROCK ROAD 4t~ day of September, 2002 NEWVILLE, PA 17241 SAMUEL CALAMAN, HUSBAND by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this //~ day of ~~ ~2~ A.D. / ~rothonotary So Answers: R. Thomas Kline 09/06/2002 GRENEN & BIRSIC By: ~y~ 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS BANK, CIVIL DIVISION Plaintiff, NO.: 02-4028 Civil Term VS. SAMUEL A. CALAMAN and JUANITA CALAMAN, Defendants. ISSUE NUMBER: TYPE OF PLEADiNG: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) I hereby certify that the address of Plaintiff is: Three Gateway Center Pittsburgh, PA 15222 the last known address of Defendants is: 456 Mount Rock Road Newville, PA 17241 GRENEN & BIRSIC, P.C. A{to~meys fordSl~ntiff FILED ON BEHALF OF PLAiNTIFF: Dollar Bank, Federal Savings Bank COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. I.D.#48450 GRENEN & B1RSIC, P.C. One Gateway Center 9 West Pittsburgh, PA (412) 281-7650 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS BANK, CIVIL DiVISION Plaintiff, NO.: 02-4028 Civil Term VS. SAMUEL A. CALAMAN and JUANITA CALAMAN, Defendants. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Samuel A. Calaman and Juanita Calaman, in the amount of$132,249.24, which is itemized as follows: Principal Interest to 10/8/02 Late Charges to 10/8/02 Escrow Deficiency to 10/8/02 Other Fees Attorneys' fees Title Search, Foreclosure and Execution Costs TOTAL $120,415.28 $ 5,987.51 $ 155.34 $ 1,810.26 $ 130.85 $ 1,250.00 $ 2,500.00 $132,249.24 with interest on the principal sum at the rate of $23.92 per diem from October 8, 2002, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. BY: GRENEN & BIRSIC, P.C. aniel J. ' ic~,l~quire Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY ) ) SS: ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Daniel J. Birsic, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants were not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me this iC~day of~, 2002. C-'4cI. Notary Public Patricia A. Townsend, Notary Public City of Pittsburgh, Allegheny County My Commission Expires June 2, 2003 Member, Pennsylvania Association of Notanes IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS CIVIL DIVISION BANK, Plaintiff, NO.: 02-4028 Civil Term VS. SAMUEL A. CALAMAN and JUANITA CALAMAN, Defendants. TO: Samuel A. Calaman 456 Mount Rock Road Newville, PA 17241 DATE OF NOTICE: September 25, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 1-800-990-9108 By: FIRST CLASS MAIL, POSTAGE PREPAID GRENEN & BIRSIC, P.C. At~t o~rn~ys foflA~f~nti ff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS CWIL DWISION BANK, Plaintiff, NO.: 02-4028 Civil Term VS. SAMUEL A. CALAMAN and JUANITA CALAMAN, Defendants. TO: Juanita Calaman 456 Mount Rock Road Newville, PA 17241 DATE OF NOTICE: September 26, 2002 IMPORTANT NOTICE YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. · YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 1-800-990-9108 GRENEN & BIRSIC, P.C. By: FIRST CLASS MAIL, POSTAGE PREPAID Attorneys for Pl~i/~tiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS BANK, VS. Plaintiff, SAMUEL A. CALAMAN and JUANITA CALAMAN, Defendants. CiVIL DIVISION NO.: 02-4028 Civil Term TO: NOTICE OF ORDER, DECREE OR JUDGMENT Samuel A. Calaman 456 Mount Rock Road Newville, PA 17241 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $132,249.24 with interest on the principal sum at the rate of $23.92 per diem from October 8, 2002, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. Deputy C 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS CIVIL DIVISION BANK, Plaintiff, NO.: 02-4028 Civil Term VS. SAMUEL A. CALAMAN and JUANITA CALAMAN, Defendants. TO: NOTICE OF ORDER, DECREE OR JUDGMENT Juanita Caiman 456 Mount Rock Road Newville, PA 17241 ( ) Plaimiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $132,249.24 with interest on the principal sum at the rate of $23.92 per diem from October 8, 2002, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS BANK, VS. Plaintiff, SAMUEL A. CALAMAN and JUANITA CALAMAN, Defendants. CIVIL DIVISION ISSUE NUMBER: NO.: 02-4028 Civil Term TYPE OF PLEADING: PRAECIPE TO SATISFY JUDGMENT CODE- FILED ON BEHALF OF PLAINTIFF: Dollar Bank, Federal Savings Bank COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. I.D. #48450 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS BANK, Plaintiff, CIVIL DIVISION NO.: 02-4028 Civil Term VS. SAMUEL A. CALAMAN and JUANITA CALAMAN, Defendants. PRAECIPE TO SATISFY JUDGMENT TO: SIR: PROTHONOTARY Kindly satisfy the judgment at the above-captioned matter and mark the docket accordingly. By: Sworn to and subscribed before me this ?~C~l~ day of~-w't_~._r~ , 20(I~. - '--.3 Nomry public. ~ Notarial Seal [ Patficia A. Townsend,-Notary Public [ City of Pittsburgh, Allegheny County / My Commission Expires June 2, 2003 Member, Pennsytvania Association ot Notaries GRENEN & BIRSIC, P.C. D~nie~ J. ~irs~c,/'Esquire Attorneys for Plaintiff