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HomeMy WebLinkAbout05-20-08 .-.J 15056041147 REV-1500 EX (06-05) PA Department of Revenue Bureau of Individual Taxes PO BOX.280601 Harrisburg, PA 17128-0601 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death '* OFFICIAL USE ONLY County Code Year INHERITANCE TAX RETURN RESIDENT DECEDENT 2 1 6 g- File Number o~~ Date of Birth 201 18 1682 02 22 2008 09 20 1924 YOVICICH NETTIE MI M Decedent's Last Name Suffix Decedent's First Name (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW ~ 1. Original Return 0 2. Supplemental Return 0 3. Remainder Retum (date of death prior to 12-13-82) 0 4. Limited Estate 0 4a. Future Interest Compromise 0 5. Federal Estate Tax Retum Required (dale of death after 12-12-<l2) 00 6. Decedent Died Testate 0 7. Decedent Maintained a Living Trust 0 8. Total Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Trust) 0 9. Litigation Proceeds Received 0 10 Spousal Poverty Cred~ (date of death 0 11. Election to tax under Sec. 9113(A) . between 12-31-91 and 1-1-95) (Attach Sch. 0) CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number JENNIFER B. HIPP 717 73~ 8761~ '- J':J ,~ ;f.,) "'j -.--, Firm Name (If Applicable) BOGAR AND HIPP LAW OFFICES REGISTER ~F vv1~ USE:~NL Y r (- ~ I .", ~'i] 2; First line of address 1 WEST MAIN STREET -, ') I Second line of address (I') DATE FILED a .- City or Post Office SHIREMANSTOWN State PA ZIP Code 17011 Correspondent's &-mall address: Under penalties of pe~ury, I declare that I have examined this retum, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN DATE ;??~ THOMASL.YOVICICH 5/J3)~1{ ADDRESS ,r JENNIFER B. HIPP DATE One West Main Street, Shiremanstown, PA 17011 Side 1 L 15056041147 15056041147 ....J ---1 15056042148 REV-1500 EX Decedent's Name: Nettie M. Yovicich Decedent's Social Security Number 201 18 1682 RECAPITULATION 1. Real Estate (Schedule A).......................................................................................... 1. 2. Stocks and Bonds (Schedule B)............................................................................... 2. 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C).......... 3. 4. Mortgages & Notes Receivable (Schedule D).......................................................... 4. 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E)................ 5. 6. Jointly Owned Property (Schedule F) 0 Separate Billing Requested............. 6. 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) 0 Separate Billing Requested............. 7. 8. Total Gross Assets (total Lines 1-7)....................................................................... 8. 149.98 81,136.10 81,286.08 9. Funeral Expenses & Administrative Costs (Schedule H)......................................... 9. 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I)................................ 10. 11. Total Deductions (total Lines 9 & 10)...................................................................... 11. 12. Net Value of Estate (Line 8 minus Line 11)............................................................. 12. 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J)................................................. 13. 14. Net Value Subject to Tax (Line 12 minus Line 13)................................................. 14. TAX COMPUTATION - SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, of transfers under Sec. 9116 (a)(1.2)X~ 16. Amount of Line 14 taxable at lineal rate X .045 17. Amount of Line 14 taxable at sibling rate X .12 18. Amount of Line 14 taxable at collateral rate X .15 0.00 15. 0.00 16. 0.00 17. 0.00 18. 19. Tax Due...................................................................................................... ............... 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. Side 2 L 15056042148 85,844.74 85,844.74 -4,558.66 -4,558.66 0.00 0.00 0.00 0.00 0.00 o 15056042148 --.J REV-1500 EX Page 3 Decedent's Complete Address: File Number 21 -- DECEDENTS NAME Nettie M. Yovicich STREET ADDRESS 1190 Lowther Road CITY I STATE !ZIP Camp Hill PA 17011 Tax Payments and Credits: 1 . Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1 ) 0.00 0.00 3. Interest/Penalty if applicable D. Interest E. Penalty Total Credits (A + B + C) (2) 0.00 Total Interest/Penalty (D + E) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 2 Line 20 to request a refund 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. A. Enter the interest on the tax due. B. Enter the total of Line 5 + SA. This is the BALANCE DUE. (3) (4) (5) 0.00 (SA) (5B) 0.00 Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOllOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS o 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?......... 0 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation?. ................................. ......................................... ................ ........... ..... .......... 0 [!] IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. 1. Did decedent make a transfer and: a. retain the use or income of the property transferred;.................................................................................. b. retain the right to designate who shall use the property transferred or its income;.................................... c. retain a reversionary interest; or.......... .......................... ............... .............................................. ....... .......... d. receive the promise for life of either payments, benefits or care?.............................................................. 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration?...................................................................................................................... Yes No ~ ~ [!] [!] For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent [72 P.S. 39116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent [72 P.S. 39116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. 39116 (a) (1.2)J. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in 72 P.S. 39116 1.2) [72 P.S. 39116 (a) (1 )J. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent[72 P.S. 39116 (a) (1.3)]. A sibling is defined under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. Rev-1608 EX+ (6-98) ,~ ~ SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIOENT OECEDENT Yovicich, Nettie M. FILE NUMBER 21-- ESTATE OF Include the proceeds of I~igation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disclosed on schedule F. ITEM NUMBER DESCRIPTION 1 Members 1st Checking Account - Account No. 81794-11; Date of Death Value $0.00; Accrued Interest $0.00 VALUE AT DATE OF DEATH 0.00 2 Members 1st Holiday Club Account - Account No. 81794-02; Date of Death Value $55.03; Accrued Interest $.03 55.06 3 Members 1st Savings Account - Account No. 81794-02; Date of Death Value $94.85; Accrued Interest $.07 94.92 TOTAL (Also enter on Line 5, Recapitulation) 149.98 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule E (Rev. 6-98) REGULAR SAVINGS ACCOUNT: Account Number/ Suffix Date Account Established Principal Balance at Date of Death Accrued Interest to Date of Death Total Principal and Accrued Interest Name of Joint Owner HOLIDAY CLUB: Account Number/ Suffix Date Account Established Principal Balance at Date of Death Accrued Interest to Date of Death Total Principal and Accrued Interest Name of Joint Owner CHECKING ACCOUNT: Account Number/Suffix Date Account Established Principal Balance at Date of Death Accrued Interest to Date of Death Total Principal and Accrued Interest Name of Joint Owner LOAN ACCOUNTS: Account Number/Suffix Date Loan Established Principle Balance at Date of Death Loan Type Interest Rate Collateral Held as Security Name of Co-Borrower *Loan 13 does not have Credit Life Coverage VISA CREDIT CARD ACCOUNT: Account Number Date Account Established Balance at Date of Death Name of Joint Cardholder Estate of: Nettie S. Yovicich Date of Death: February 22, 2008 Social Security Number: 201-18-1682 tv 1~ MEMBERS 1st FEDERAL CREDIT UNION 81794-02 09/29/1986 $94.85 $0.07 $94.92 none 81794-02 01/08/2008 $55.03 $0.03 $55.06 None 81794-11 04/23/1988 $0.00 $0.00 $0.00 none 81794-13* 05/04/2007 $1,308.70 Unsecured 12.890% Contractual Pledge of Shares none 4121440030817948 04/29/1999 $1,883.83 None MEMBERS 1ST FEDERAL CREDIT UNION M'~ Leigh-Anne Stallings Insurance Services Assistant March 20, 2008 5000 Louise Drive . Po. Box 40 . Mechanicsburg, Pennsylvania 17055 · (800) 283-2328 . W\vw.members1sLorg ReY-1509 EX + (6-98) SCHEDULE F JOINTLY-OWNED PROPERTY COMMONw:ALTH OF PENNSYLVANIA INHERITANCE T AA RETURN RESIDENT DECEDENT Yovicich, Nettie M. FILE NUMBER 21-- ESTATE OF If an asset was made joint within one year of the decedent's date of death, It must be reported on schedule G. SURVIVING JOINT TENANT(S) NAME A. Judy L. Y ovicich ADDRESS RELATIONSHIP TO DECEDENT Daughter 1190 Lowther Road Camp Hill, P A 17011 B. C. JOINTLY OWNED PROPERTY: LETTER DATE DESCRIPTION OF PROPERTY %OF DATE OF DEATH ITEM FOR JOINT MADE INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT DATE OF DEATH DECO'S VALUE OF NUMBER TENANT JOINT NUMBER OR SIMILAR IDENTIFYING NUMBER. ATTACH DEED FOR VALUE OF ASSET INTEREST DECEDENTS INTEREST JOINn Y-HELD REAL ESTATE. 1 A 11/1/2007 Real Estate - Located at 1190 Lowther 162.272.20 50.000% 81.136.10 Road, Camp Hill, Pennsylvania 17011. Said real estate is jointly owned by Judy L. Yovicich and Nettie M. Yovicich, the Decedent herein. Said property was obtained by Judy L. Yovicich by Deed dated July 15, 1997 and made joint with the Decedent herein by Quit Claim Deed dated November 1, 2007. Copies of both Deeds are attached hereto and incorporated herein. For purposes of this PA Inheritance Tax Return, the value of this property has been determined as follows: County Assessed Value - $133,010.00 x Common Level Ratio -1.22 = Tax Assessment Value - $162,272.20. A copy of the Cumberland County Tax Assessment Data for the real property is attached hereto and incorporated herein. TOTAL (Also enter on Line 6, Recapitulation) 81.136.10 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule F (Rev. 6-98) lf~st1 ~ ~ Prepared By: Industry Partners Title,.LLC 433 Broadway, 3rd Floor Saratoga Springs, New York 12866 After Recording Mail To: Industry Partners Title, LLC 433 Broadway, 3rd Floor Saratoga Springs, New York 12866 Mail Subsequent Tax Statement To: Judy Y ovicich and Nettie Y ovicich 1190 Lowther Road CampHill,PA 17011 Tax Parcel Number: 13-23-0545-073 QUITCLAIM DEED TITLE OF DOCUMENT THIS deed made the \g day of llDVe.l"Y> b.er , 20lLl, between Judy L. Yovicich, (hereinafter called the Grantor), of the one part, whose mailing address is 1190 Lowther Road, Camp Hill, 17011 and Judy L. Yovicich, a single 'Woman and Nettie Yovicich, a single 'Woman, as tenants with rights of survivorship (hereinafter called Grantee), of the other part, whose mailing address is; 1190 Lowther Road, Pennsylvania, 17011 WITNESSETH that the said Grantor for and in consideration of the sum of ONE AND NO/10D DOLLAR ($1.00), lawful money of the United States of America, unto Grantor well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt of which is hereby acknowledged, has conveyed, granted, remised, released and quitclaimed, and by these presents does convey, remise, release and quitclaim unto the said Grantee his heirs and assigns, the following described premises, situated in the City of Camp Hill, County of Cumberland, and State of Pennsylvania: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. COMMONLY known as: 1190 Lowther Road, Pennsylvania, 17011; Prior Recorded Doc. Ref.:Deed: Recorded 7/18/1997 Book:161 Page:303 IF THE mineral estate has been severed from the above-described real property, THIS DOCUMENT SHALL/MAY NOT SELL, CONVEY, TRAN'SFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE LAND DESCRIBED OR REFERRED HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. SUBJECT TO any Restrictions, Conditions, Covenants, Rights, Rights of Way, and Easements now of record; Together with all and singular. the tenements, hereditaments and appurtenances, thereunto j,-,~ ))9'( belonging, or in anywise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of the said Grantor, as well at law as in equity, of, in, and to the same. To have and to hold the above-mentioned premises together with the appurtenances, unto the said Grantee, his heirs and assigns, forever. Whenever used, the singular number shall include the plural, the plural the singular and the use of any gender shall be applicable to all genders. Witness our hand the day and year first above written: . ..:". GRANTOR(S): ~~~ Judy . fovi iah STATEOF Pe.nnA\.{ (YUill. a..) COUNTY OFCLJm~-e....-l (AC\d! l ss ~ ~. On this \ day of II"{)\/e..moe.f, 20m, before me\..O.~lo.'I"')f\ W'€..ndtC-vlclJthe undersigned officer, personally appeared Judy L. Yovicich, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and aclmowledged that he executed the same for the purposes therein contained. NOTARY STAMP I SEAL Witness my hand and official seal, the day and year aforesaid. COMMONWEALTH Of' PENNSYLVANIA NOTARIAL.. SEAl.:- Carolann Wendland. Notary public Ham den iwp., Cumberland County M't C~~MISS\ON ~P\RES AP_R. 23, 2011 ~j-0-y-~.~~-J Signature of Acknowledging Officer (, CERTIFICATE OF RESIDENCE: "I do hereby certify that the precise address of the within named Grantee is: 1190 Lowther Road, Camp Hill, PA 17011. Signed: ~ T H;-/ Grant e. Judy L. Yovieich Signe~~ ~Cc'~ Grantee: Nettie Yovicich File No: 1006881 EXHIBIT "A" Current Owner: Judy L. Y ovicich All that certain piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: Beginning at a point on the Northerly line of Lowther Road on the dividing line between Lots Nos. 48 and. 49, Block "L" on the hereinafter mentioned Plan of Lots, said point also being a distance of two hundred thirty-one (231.00) feet to Norman Road East; thence in a Northerly direction along hte Easterly line of Lot No. 48, one hundred twenty (120.00) feet to Lot No. 54, Block "L" on said Plan; thence in a Northeasterly direction along the Southerly line of Lot No. 54, thirteen and fifty~eight one-hundredths (13.58) feet to Lot No. 53, Block "L" on said Plan; thence in a Southerly direction along the Southerly line of Lots Nos. S3 and 52, Block "L" on said Plan, ninety-nine and twenty-three one-hundredths (99.23) feet to the dividing line between Lots Nos. 49 and 51, Block ilL" on said Plan; thence in a southerly direction along the Westerly line of Lot No. 51, fifty-two and forty-five one-hundredths (52.45) feet to Lowther Road; thence in a Westerly direction along the Northerly line of Lowther Road, eighty-six and twenty-one one-hundredths (86.21) feet, the place of beginning. Being Lot No. 49, Block "L" on the Plan of Part of Block "J" and "L", Highland Park, Lower Allen Township, Cumberland County, Pennsylvania, recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 89. Being the same premises conveyed to Judy L. Yovicich from Nettie M. Yovicich, a/k/a Nettie S. Yovicich by Warranty Deed dated 7/15/1997 and recorded 7/18/1997 as Instrument or Book/Page No. 161/303 of the Cumberland County Clerk's Office. SHOWN FOR INFORMATIONAL PURPOSES ONLY: ADDRESS: 1190 Lowther Road, Camp Hill, PA 17011 PARCEL ID# 13-23-0545-073 A t:J:.1 C olllJllilllle'" - Schedllle A Page 2 REV-f63 EX (11-04) *' REALTY TRANSFER TAX STATEMENT OF VALUE RECORDER1S USE ONLY Slate Tax Paid I ~ ~ ) ). ~ 0' -';~~.q) Page..l>lt:lmber COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDMDUAL TAXES HARRI~~U~~Xi:~~~8-0603 See Reverse for Instructions Date Recorded 1/-")-0 -01 Complete each section and file in duplicate with Recorder of Deeds when (1) the full value/consideration IS not set forth in the deed, (2) when the deed is without consideration, or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on: (1) family relationship or (2) public utility easement. If more space is needed, attach additional sheet(s). A. CORRESPONDENT - All inquiries may be directed to the following person: Name ~ma.~ ./.Sur?- _ rNdL+-5ffY ,/kdA/~.r3 -77~J!:. Telephone Number: p: ~() , ~ 1-7;ri'~ ,(+'/ltl7 State Zip Code /:;-ffld., 'Ult'Jr ~ Zip Code /7011 ..fj, r; JIll ~ Date of Acce tance of Document Grantee(s)/Lessee(s) \7lt::If" .jtJv/e/c.f/ ;Q .51A../9N tvtJ~,v '/lid . / Street Address 11ft> MtVrr/E.e It d City Ghm,a #/iiJ Grantor(s )/Lessor(s) L.' Street Ad ress 'J9!J bw~//cr N. City CBm/>,,!//.L.L C. PROPERTY LOCATION Street Address Mt?'"7'#r::r ,.f.d. erLa J..I d D. VALUATION DATA Zip Code /'7 tJ/1 School District 2. Other Consideration + 5. Common Level Ratio Factor X /:1.2. 3. Total Consideratfon = 6. Fair Market Value - /~:Z..2 '7:L. {;La E. EXEMPTION DATA 1a. Amount of Exemption Claimed 1 b. Percentage of Interest Conveyed 2. Check Appropriate Box Below for Exemption Claimed o Will or intestate succession o o o o o o o o (Name of Decedent) (Estate File Number) Transfer to Industrial Development Agency. Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.) Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.) Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number , Page Number _' Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) Statutory corporate consolidation, merger or division. (Attach copy of articles.) Other (Please explain exemption claimed, if other than listed above.) Under penalties of law, I declare that I have examined this Statement, including accompanying Information, and to the best of my knowledge and belief, it is true, correct and complete. Signature of Correspondent or Responsible Party . Date Cj1-q~ , 111/107 FAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, P A 17013 717-240-6370 Instrument Number - 200743587 Recorded On 11/20/2007 At 12:45:59 PM * Instrument Type - DEED Invoice Number - 9220 User ID - RAK * Grantor - YOVICICH, JUDY L * Grantee - YOVICICH, JUDY L * Customer - INDUSTRY PARTNERS * FEES STATE TRANSFER TAX. STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE WEST SHORE SCHOOL DISTRICT LOWER ALLEN TOWNSHIP TOTAL PAID $1,622.72 $0.50 $10.00 $12.50 $11.50 $2.00 $3.00 $811.36 $811. 36 $3,284.94 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ~o~ * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 111111111~lmr~1111 II III ~/ ;':.C:'ERT ? ZIEGLER ::~CO~.DE'f~. OF DEEDS i;;~MSc.~LAND COLHHY- FJA '97 JUL 18 FA 2 .91 Tax Parcel No. 13-23-0545-073 THIS DEED, MADE THE /~ day of ~;- in the year one thousand nine hundred ninety-seven (1997) BETWEEN Nettie M. Yovicich, a/k/a Nettie S. Yovicich of Lower Allen Township, Cumberland County, Pennsylvania, Grantor, and Judy L. Yovicich, of Lower Allen Township, Cumberland County, Pennsylvania, Grantee: WITNESSETH, that in consideration of One and NO/100 Dollar ($1.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantee, her heirs, executors and assigns: ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Lowther Road on the dividing line between Lots Nos. 48 and 49, Block "L" on the hereinafter mentioned Plan of Lots, said point also being a distance of two hundred thirty-one (231.00) feet to Norman Road East; thence in a Northerly direction along the Easterly line of Lot No. 48, one hundred twenty (120.00) feet to Lot No. 54, Block "L" on said Plan; thence in a Northeasterly direction along the Southerly line of Lot No. 54, thirteen and fifty-eight one- hundredths (13.58) feet to Lot No. 53, Block "L" on said Plan; thence in a Southeasterly direction along the Southerly line of Lots Nos. 53 and 52, Block ilL" on said Plan, ninety-nine and twenty-three one-hundredths (99.23) feet to the dividing line between Lots Nos. 49 and 51, Block "L" on said Plan; thence in a Southerly direction along the Westerly line of Lot No. 51, fifty- two and forty-five one-hundredths (52.45) feet to Lowther Road; thence in a Westerly direction along the Northerly line of Lowther Road, eighty-six and twenty-one one-hundredths (86.21) feet, the place of BEGINNING. ...... . I _ t U r_,- '" 0' ..., ~j (5'(9l(. \~... / ~ ,). '::J ;. BEING Lot No. 49, Block "L" on the Plan of Part of Blocks "J" and "L", Highland Park, Lower Allen Township, Cumberland County, Pennsylvania, recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 89. The above description is written in accordance with a Survey dated September, 1961, of Luther N. Amos, Jr., Professional Engineer. HAVING ERECTED THEREON a dwelling house known and numbered as 1190 Lowther Road, Camp Hill, Pennsylvania. BEING the same premises which Earl Handler, Administrator C.T.A. of the Estate of Lyle J. POlito, late of Lower Allen Township, Cumberland County, Pennsylvania, by Deed dated June 17, 1965 and recorded June 18, 1965 in the Cumberland County Recorder of Deeds Office in Deed Book "Q", Volume 21, Page 35, 'granted and conveyed unto Steve Yovicich and Nettie S. Yovicich, his wife. The said Steve Yovicich died May 4, 1990, whereupon full and complete title to the within described real estate became vested solely in Nettie S. Yovicich, surviving spouse. The said Nettie S. Yovicich is also known as Nettie M. Yovicich, the Grantor herein. This is a conveyance from parent to child and is, therefore, exempt from the payment of realty transfer taxes. AND the said Grantor hereby covenants and agrees that she will warrant the proper~y hereby conveyed. INlVITNESS lVllEREOF, said Grantor has hereunto set her hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of ~Q~~ ""\ ~N~Ii~. ~~~I~ ~ c ,.-t ~~-t...,. / ~~~: <-A: a/k/a NETTIE S.VYOVICICH (SEAL) ( SEAL) -.,. .. COMMONWEALTH OF PENNSYLVANIA SS .,' COUNTY OF CUMBERLAND : On this, the)~ day of ~ ' 1997, before me, the undersigned officer, personally appeared NETTIE M. YOVICICH, a/k/a NETTIE S. YOVICICH known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein ~ontained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~<-t ;,lJbA'A/7A Notary Public - My Commission Expires: (SEAL) ,....~~ . NOTARIAL SEAL i CATHERINE J. BARRA. NOTARY PUBLIC 1 SHiREMANSTOWN sORO, CUMBERLAND CO. P A. - ;'.j'; GD(;'M]SSiO~ EXPlRES SEPT. 9,1999 ~'II~.~~"""" ""'If':'r.Il I do hereby certify that the precise residence and complete post office address of the within named Grantee is 1190 Lowther Road, Camp Hill, Pennsylvania. - ~~S- , 1997 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Grantee SS. RECORDED on this day of , 19 , in the Recorder's Office of the said County, in Deed Book , Page Given under my hand and the seal of the said office, the date above written. , Recorder. TaxDB Result Details Detailed Results for Parcel 13-23-0545-073. in the 2004 Tax Assessment Database Page 1 of I DistrictNo 13 Parcel_ID 13-23-0545-073. MapSuffix HouseNo 1190 Direction Street LOWTHER ROAD Ownerl YOVICICH, JUDY L C/O & NETTIE YOVICICH PropType R PropDesc LivArea 1587 CurLandVal 30000 CurlmpVal 103010 CurTotVal 133010 CurPretval Acreage .16 CIGrnStat TaxEx 1 SaleAmt 1 SaleMo 11 SaleDa 20 SaleCe 20 Sale Y r 07 DeedBkPage 200743587 YearBlt 1960 HF_FiIe_Date 03/02/2005 HF _Approval_Status A County Assessed Value $133,010.00 Common Level Ratio X 1.22 Tax Assessment Value $162,272.20 hrtp://taxdb.ccpa.net/details.aso?id= 13 -23-0545-071_&c1hsp.l p.~t= 1 Rev-1512 EX+ (6-98) . SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Yovicich, Nettie M. FILE NUMBER 21-- ESTATE OF Include unreimbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 CitiMortgage -1/2 of balance of Mortgage on 1190 Lowther Road, Camp Hill, 84.844.74 Pennsylvania 17011. This Mortgage was jointly held by Judy L. Yovicich and Nettie M. Yovicich, the Decedent herein. A copy of the Mortgage is attached hereto and incorporated herein. The Mortgage is dated November 1, 2007 and is in the principal amount of $170,100.00. A copy of the most recent mortgage account statement, same being dated March 3, 2008 showing an outstanding principal balance in the amount of $169,689.48 is attached hereto and incorporated herein. 2 Members 1st Loan Account. Account No. 81794-13; the Date of Death balance due 500.00 and owing on the personal loan account is in the amount of $1,308.70. Given that insufficient assets were available to fully satisfy the loan balance, Members 1st Federal Credit Union agreed to accept a payment of $500.00 to satify this debt. See April 18, 2008 correspondence from Dan Summers, Collection Manager, Members 1st. 3 Members 1st Visa Credit Card Account - Account No. 4121440030817948; the Date 500.00 of Death balance due and owing on the Visa credit card account is in the amount of $1,883.83. Given that insufficient assets were available to fully satisfy the loan balance, Members 1st Federal Credit Union agreed to accept a payment of $500.00 to satify this debt. See April 18, 2008 correspondence from Dan Summers, Collection Manager, Members 1st. TOTAL (Also enter on Line 10, Recapitulation) 85,844.74 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule I (Rev. 6-98) THIS INSTRUMENT WAS PREPARED BY: GAIL DECKER INTERFIRST WHOLESALE, TRAILING DOCUM 1201 EAST LINCOLN MADISON HEIGHTS, MI 48071-4171 1-800-542-9512 When recorded mail to: ABN AMRO MORTGAGE GROUP, INC. 1:201 EAST LINCOLN MADISON HEIGHTS, MICHIGAN 48071-4171 ATTN:FINAL/TRAILING DOCUMENTS APN #: APN #: [Space Above This Line For Recording Data] LOAN #: 657619179 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 1 $. (A) "Security Instrument" means this document, which is dated NOVEMBER 1, 2007, together with all Riders to this document. (B) "Borrower" is JUDY L YOVICICH, A SINGLE WOMAN AND NETTIE S YOVICICH, A SINGLE WO~J1.:.N. Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Jl...BN ll.MRO MORTGAGE GROUP, nJc. Lender is a CORPORATION laws of DELAWARE. 2600 W. BIG BEAVER RD., TROY, MICHIGAN 48084. organized and existing under the Lender's address is Lender is the mortgagee under this Security Instrument. PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT @ 1999-2006 Online Documents, Inc. Page 1 of 14 Initials: Form 3039 1/01 I?AUDEED PAUDEDL 0612 11-01-2007 7: 33 LOAN #: 657619179 (D) "Note" means the promissory note signed by Borrower and dated NOVEMBER 1, 2007. The Note states that Borrower owes Lender ***************************************** ************************ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED AND NO/IOO ********************************************** Dollars (U.S. $170,100.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than DECEMBER 1, 2037. (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. (0) "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]: CJ Adjustable Rate Rider 0 Condominium Rider CJ Balloon Rider 0 Planned Unit Development Rider CJ 1-4 Family Rider 0 Biweekly Payment Rider CJV.A. Rider o Second Home Rider DOther(s} [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders {that have the effect of law} as well as all applicable final, non-appealable judicial opinions. (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) "Electronic Funds Transfer" means any transfer offunds, otherthan 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. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or pro- ceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (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. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. ~2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY Thi", So,..., 'r,'t\1/ndr' '''"'ont se""uros to I onrlor. (j\ the rop"'ymont ,.,ftho / "''''!1 ",,,rI "'II renOH,,,,'''' O"'on",,'on'" "'''d .... __.... ..'11..........111-1.. _ 1_ __ __",,,,).., ..... _11_'.._.....__....._.'_11___ _Vii___,_J',\L_,... ...._.. 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 Initials: Form 3039 1/01 PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT @ 1999-2006 Online Docun:ents, Inc. Page 2 of 14 PAUDEDL 0612 11-01-2007 7:33 LOAN #: 657619179 Lender the following described property located in the COUNTY [Type of Recording Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiction]: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 1190 LOWTHER RD, CAMP HILL, Pennsylvania [Street] [City] 17011 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and fate 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 ftmds 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, Initials: Form 3039 1/01 ("Property Address "): PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT @ 1999-2006 Online Do~uments, Inc. Page 3 of 14 PAUDEDL 0612 11-01-2007 7: 33 LOAH #: 657619179 such funds will be applied to the outstanding principal balance under the Note immed iately 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 lnstrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be 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. Volu ntary 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. Jl 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 Lenderthe 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, pursuantto a waiver, and Borrowerfails 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 anytime, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with A.pplicable 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 Initials: Form 3039 1(01 PENNSYLVANIA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT @ 1999-2006 Online Documents, Inc. Page 4 of 14 PAUDEDL 0612 11-01-2007 7: 33 LOAN #: 657619179 in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. Ifthere is a surplus of Funds held in escrow, as defined under RESPA, Lender shall accountto Borrower forthe 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 lien which can attain priority overthis 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 ofthe 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 remap pings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any Initials: Form 3039 1/01 PENNSYLVANIA--Single Family-.Fannie Mae/Freddie Mac UNIFORM INSTRUMENT @ 1999-2006 Online Documents, Inc. Page 5 of 14 PAUDEDL 0612 11-01-2007 7: 33 LOAN #: 657619179 particular type or amount of coverage. Therefore, such coverage shall cover Lender, but m ightor might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall 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 eamings on such proceeds. Fees for public adjusters, orotherthird 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 jf 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 piOceeds either to repair or restore the Property orto pay amounts unpaid under the Note orthis Security Instrument, whether or notthen due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower sha!! maintain the Property in crderto prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repairor restoration is noteconomicallyfeasible, Borrower shall promptly repair the Property Initials: Form 3039 1/01 PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT @ 1999-2006 Online Documents, Inc. Page 6 of 14 PAUDEDL 0612 11-01-2007 7: 33 LOAN #: 657619179 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 th e 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 ofthe Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property ,and securing and/ or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless 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 Initials: Form 3039 1/01 PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT @ 1999-2006 Online Documents, Inc; Page 7 of 14 PAUDEDL 0612 11-01-2007 7: 33 LOAN #: 657619179 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, orto 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 (o"r parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source offunds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a resultofthese agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any ofthe 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 wiil owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, ifthe 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. Ifthe restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured Initials: Form 3039 1/01 PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT @ 1999-2006 Online Documents, Inc. 'page 8 of 14 PAUDEDL 0612 11-01-2007 7: 33 " LOAN j/:: 657619179 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 ofthe Property, the Miscellaneous Proceeds shall be applied to the sums secured byihis Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days atterthe date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that ar~ 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 ofthe 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 cov- enants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums Initials: Form 3039 1/01 PENNSYLVANIA.-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT @ 1999-2006 Online Documents, Inc. Page 9 of 14 PAUDEDL 0612 11-01-2007 7: 33 LOAN #: 657619179 secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability underthis 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 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address ifsent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by 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; Severabiiity; 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 Instru ment 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: {al 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 Initials: Form 3039 1/01 PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT @ 1999-2006 Online Documents. Inc. Page 10 of 14 PAUDEDL 0612 11-01-2007 7: 33 LOAN #: 657619179 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 otthe Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer ottitle by Borrower at a future date to a purchaser. If all or any part ofthe Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security-Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency I 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 ofthe change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed Initials: Form 3039 1/01 PENNSYLVANIA--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT @ 1999.2006 Online Documents. Inc. Page 11 of 14 PAUDEDL 0612 11-01-2007 7: 33 LOAN If: 657619179 by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable ortoxic petroleum products, toxic pesticides and herbicides, volatile solvents , materials containing asbestos orformaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws ofthe jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on 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 ofthe 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 (al 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)thatfallure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicia! proceeding and sale of the Property. Lender shall further inform Borrower oUhe rightto 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 Initials: Form 3039 1/01 PENNSYLVANIA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT @ 1999-2006 Or:line Documents, Inc. Page 12 of 14 PAUDEDL 0612 11-01-2007 7;33 LOAN if: 657619179 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. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after ajudgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 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. (Seal) JUDY L YOVICICH (Seal) NETTIE S YOVICICH PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT @ :999-2006 Online Documents, Inc. Page 13 of 14 Form 3039 1/01 PAUDEDL 0612 11-01-2007 7: 33 Commonwealth of PENNSYLVANIA County of LOAN #: 657619179 On this, the day of before me, , the undersigned officer, personally appeared JUDY L YOVICICH AND NETTIE S YOVICICH, known to me (or satisfactorily proven) to be the person whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. My commission expires: Title of Officer Certificate of Residence I, do hereby certify that the correct address of the within-named Mortgagee is 2600 W. BIG BEAVER RD., TROY, MICHIG}i.N 48084 Witness my hand this day of Agent of Mortgagee Initials: Form 3039 1/01 PENNSYLVANIA-Single Family--Fannie MaelFreddie Mac UNIFORM INSTRUMENT @ 1999-2006 Online Documents, Inc. Page 14 of 14 PAUDEDL 0612 11-01-2007 7: 33 I~ u'" .< 1':'. V%L',,,. . r Statement Date: 03103.<00 ~ Property Address: 1190 LOWTHER RD ~ CAMP HILL PA 17011 tACCOUNTNUMBER:1120133644-0 t Type of Mortgage r Prin~ipal Balance t Interest Rate t Escrow Balance t Interest Year to Date IT'" "'" y"" · "'" $169,689.48 7.12500% $1,774.88 $3,027.48 . $0.00 Account Number: 1120133644-0 JUDY L YOVlCICH Please designate howy:lU want us to apply any additional funds. Undesignated funds first pay outstanding lale charges and fees, lhen principal. Once paid, additional funds cannol be returned. o Please checl: box to indicate mailing address/phone number changes and enter on reverse side. Include aceount number on cheek and make payable to: II .1.1'11111.11. i 1.1.1 n..I~! II! II II .1,11111111 ,11.11..1..1111 n III,;!,I CITIMORTGAGE, INC. PO BOX 183040 COLUMBUS OH 43218-3040 il! If! II !ill~ !~~ II ~t~ ie c~c oc !!c~~m c!,cli!m:! n!!! '&'&ICH! Page10fl c.ffi t-n. ,0, J"t. G' . ""\ n pf) ~1~lL K. .04- . :,11_ Fv10RTGft.GE ACCOUNT STATEkliEf'rf 8180071 0-26401 0632008M02~3J03J08-8-003617-1 ;;;;;;;;;;;;;; - ~ ,...- ~;;;;;; ~- 8 JUDY L YOVICICH NETTIE S YOVICICH 1190 LOWTHER RD CAMP HILL PA 17011 Now you can view your Year End Statement online. Simply visit www.citimortaaae.com and sign on. Irs that easy! I I L -- ~ - = - - - - ~ - -- -- - ~ == - z z~ ~@ z,... z~ z~ zo . g ~B z~ zSf Z<D ZN Z Z ~~ Pi, t9 r'm I~ w c:: 1/) j Due Date: 04101/08 $1,470.82 s:~ deiaii beIO\l'I: A(kHtlonlk~ Prlncfp;;!: ..,. ..... '#' AciciltkJ\'\,,[ Es::row: ct' <oJ;; if payment re[;e~vet 2lfter: Add ~~t~ charge ~)f: $0.00 ~'" f'...:J. ri.ci~Lt!~.i,r-IZi.[ Ui~i:.~t~";{.,{ rA(;}~r;:i(~i.t: ( ~ 1- ~taJ An1C.iJ. rrt EnCt(i.'-~~eci ~; ~ Please do not send cash. Please allow 7 to 10 days for posta! delivery. To ensure timely processing of your mortgage payment, please use the enclosed envelo;Je and coupon. Do not include account inquiries with your payment. 011201336440 0000147082 0000147082 0000147082 Ii! ;[ !l l.. "- sic @ MEMBERS 1st FEDERAL CREDIT UNION REGULAR SAVINGS ACCOUNT: Account Number/ Suffix Date Account Established Principal Balance at Date of Death Accrued Interest to Date of Death Total Principal and Accrued Interest Name of Joint Owner 81794-02 09/29/1986 $94.85 $0.07 $94.92 none HOLIDAY CLUB: Account Number/ Suffix Date Account Established Principal Balance at Date of Death Accrued Interest to Date of Death Total Principal and Accrued Interest Name of Joint Owner 81794-02 01/08/2008 $55.03 $0.03 $55.06 None CHECKING ACCOUNT: Account Number/Suffix Date Account Established Principal Balance at Date of Death Accrued Interest to Date of Death Total Principal and Accrued Interest Name of Joint Owner 81794-11 04/23/1988 $0.00 $0.00 $0.00 none LOAN ACCOUNTS: Account Number/Suffix Date Loan Established Principle Balance at Date of Death Loan Type Interest Rate Collateral Held as Security Name of Co-Borrower 81794-13* 05/04/2007 $1,308.70 Unsecured 12.890% Contractual Pledge of Shares none *Loan 13 does not have Credit Life Coverage VISA CREDIT CARD ACCOUNT: Account Number Date Account Established Balance at Date of Death Name of Joint Cardholder 4121440030817948 04/29/1999 $1,883.83 None MEMBERS 1ST FEDERAL CREDIT UNION ~~. tkw--- #~~ Leigh-Anne Stallings f Insurance Services Assistant March 20, 2008 Estate of: Nettie S. Yovicich Date of Death: February 22,2008 Sociai Security Number: 20'1-18-1682 5000 Louise Drive c Po. Box 40 c Mechanicsburg, Pennsylvania 17055 c (800) 283-2328 c w'N\v.members1st.org 1~ MEMBERS l't FEDERAL CREDIT UNION April 18, 2008 Attorney Jennifer Hipp 1 W. Main Street Shiremanstown, PA 17011 Phone: (717) 737-8761 Fax: (717) 737-2086 Re: Nettie Yovicich Account # 81794 Loan ID: 03 Visa ending in - 7948 Per the phone discussions of April 17, 2008, Members' 1st does hereby agree to settle the loan and Visa card accounts of Nettie Yovicich in full for one (1) lump sum payment of $1,000.00. The $1,000.00 settlement sum is to be divided with $500.00 to the Visa card account ending in -7948 and $500.00 to the unsecured loan of 81794-03. Once the funds have cleared for the $1,000.00 payment, Members' 1st will close the Visa card account and unsecured loan, showing zero balances for both debts, and cease all further collection activity in regards to the debt. Members' 1st will then modify Ms. Yovicich' credit bureau report to read as "settled for less than full balance." Please call me with any questions or concerns concerning this arrangement. Sincerely, ~...urv Pd.Ul111'1'~d- Dan Summers Collection Manager 5000 Louise Drive · P.O. Box 40 · Mechanicsburg, Pennsylvania 17055 · (717) 795-6018 · www.memberslst.ore- Page 1 REV-1513 EX+ (9~O) SCHEDULE J BENEFICIARIES COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT NUMBER Yovicich, Nettie M. NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outright spousal oistributions, and transfers under Sec. 9116(a)(1.2)] FILE NUMBER 21-- ESTATE OF RELATIONSHIP TO DECEDENT Do Not US! Trus!ee(s) SHARE OF ESTATE AMOUNT OF ESTATE (Words) ($$$) I. See attached schedule Total Enter dollar amounts for distributions shown above on lines 15 through 18, as appropriate, on Rev 1500 cover sheet ll. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 0.00 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule J (Rev. 6-98) SCHEDULE J BENEFICIARIES (Part I, Taxable Distributions) ESTATE OF: Nettie M. Yovicich 02/22/2008 201-18-1682 Item Name and Address of Person(s) Share of Estate Amount of Estate Number Receiving Property Relationship (Words) ($$$) 1 Nettie M. Williams 1915 Princeton Avenue Camp Hill, PA 17011 Daughter One-Fifth (1/5) of Rest Residue and Remainder 2 Jeanne M. Yovicich 1190 Lowther Road Camp Hill, PA 17011 Daughter One-Fifth (1/5) of Rest Residue and Remainder 3 Judy L. Yovicich 1190 Lowther Road Camp Hill, PA 17011 Daughter One-Fifth (1/5) of Rest Residue and Remainder 4 Steve A. Y ovicich Son Deceased - No Share 5 Theresa L. Yovicich 1190 Lowther Road Camp Hill, PA 17011 Daughter One-Fifth (1/5) of Rest Residue and Remainder 6 Thomas L. Y ovicich 2375 Lambs Gap Road Enola, PA 17025 Son One-Fifth (1/5) of Rest Residue and Remainder 1 LAST WILL AND TESTAMENT OF NETTIE M. YOVICICH I, NETTIE M. YOVICICH/ of Lower Allen Township, Cumber- land County, Pennsylvania, make/ publish and declare this as and for my Last Will and Testament, hereby re~oking all other Wills and Codicils heretofore made by me. FIRST: I devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate/ including any property over which I hold power of appointment and together with any insurance policies thereon, in equal shares, to my children, STEVE A. YOVICICH, JUDY L. YOVICICH, THERESA L. YOVICICH, THOMAS L. YOVICICH/ NETTIE M. WILLIAMS and JEANNE M. YOVICICH/ provided that should any of my children predecease me, I give and bequeath such child's share unto his or her issue per stirpes by representation, and if there be a failure of same, then I give and bequeath such deceased child's share to my surviving children as provided herein. SECOND: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all proper- ty, exercisable without court-a'-pproval and effective until actual (~ distribution of all property: .j { j (A) To sell at public or private sale, or to lease, ~ for any period of time, any real or personal property and to give ~ ~ options for sales, exchanges or leases, for such prices and upon N \ ~ such terms (including credit/ with or without security) or 0'. Rt conditions as are deemed proper. This includes the power to give \. \ ,j .-t~ legally sufficient instruments for transfer of the property and .'V ~~ to receive the proceeds of any disposition of it. \. t (B) To partition/ SUbdivide/ or improve real estate and to enter into agreements concerning the partition, subdivi- sion, improvement, zoning or management of real estate and to impose or extinguish restrictions on real estate. (C) To compromise any claim or controversy and to abandon any property which is of little or no value. (D) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to investments authorized for Pennsylvania fiduci- aries, as are deemed proper, without regard to any principle of diversification, risk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or in other investments. (F) To exercise any election or privilege given by the Federal and other tax iaws, including, but not necessarily being limited to, personal income, gift and estate or inheritance tax laws. (G) To make distributions to my herein named benefici- aries in cash or in kind or partly in each. (H) To borrow money from themselves or others in order to pay debts, taxes, or estate or trust administration expenses, to protect or improve any property held under my will, and for investment purposes. (I) To select a mode of payment under any qualified retirement plan (pension plan, profit sharing plan, employee stock ownership plan, or any other type of qualified plan) to the extent the plan or the law permits them to do so, and to exercise any other rights which they may have under the plan, in whatever manner they consider advisable. 1 ~ THIRD: I direct that all inheritance, estate, trans- ~~ ~ .~er, succession and death taxes, of any kind whatsoever, which ~ may be payable by reason of my death, whether or not with respect ~ to property passing under this Will, shall be paid out of the r principal of my residuary estate. < J ~~ FOURTH: All interests hereunder, whether principal or .~ income, which are undistributed and in the possession of the fiduciaries acting hereunder, even though vested or distribut- 2 able, shall not be subject to attachment, execution or sequestra- tion for any debt, contract, obligation or liability of any beneficiary, and furthermore, shall not be subject to pledge, assignment, conveyance or anticipation. FIFTH: I nominate and appoint THOMAS L. YOVICICH, Executor of this, my Last will and Testament. In the event of the death, resignation or inability to serve for any reason whatsoever of the said THOMAS L. YOVICICH, I nominate and appoint JUDY L. YOVICICH, Executrix of this, my Last will and Testament. I direct that my Executor or Executrix, as the case may be, and their successors, shall not be required to post security or a bond for the performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and . rt->- seal to this, my Last will and Testament, this I~ day of '9 t?- ' 1997. ~ ~__~. kl........- =~....( . ,...€ ,,- NETTIE M. YOVICIC&Y (SEAL) Signed, sealed, published and declared by the above- named Testatrix as and for her Last will and Testament in our presence, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses. ---j /J ( /ft4-(_IJ~>./ .,,-,? . (j.~ /~./ f f _/1.. 0 . j /7 Ii) .., ~Ct;V;V>.e.~'1"WC ~/'.. ~::;~~'2<2.t't .~..:.r....' Address Address 3