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HomeMy WebLinkAbout12-3697File No. 14871-12-06306 PARKER McCAY P.A. By: Katherine E. Knowlton, Esquire Attorney ID# 311713 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel, NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff n..s 7 t ??? ,.1 y%L? Vr"i NIA Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006- R2 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 Plaintiff, V. Marlin J. Bitner and Angie J. Bitner 340 Kerrsville Road Carlisle, PA 17013 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY JUNE TERM 2012 NO. 1 a C CIV1 l CIVIL ACTION MORTAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. S ??a?o37S j? a b Ck-?t 4G?3 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (800) 822-5288 / (717) 243-9400 AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente or por medio de un abogado una comparecencia escrita y redicando en la Corte por escrito sus defensas de, y objeciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (800) 822-5288 / (717) 243-9400 File No. 14871-12-06306 PARKER McCAY P.A. By: Katherine E. Knowlton, Esquire Attorney ID# 311713 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel, NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006- R2 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 COURT OF COMMON PLEAS CUMBERLAND COUNTY JUNE TERM 2012 NO. 10- 3uoq -? V I Plaintiff, V. Marlin J. Bitner and Angie J. Bitner 340 Kerrsville Road Carlisle, PA 17013 CIVIL ACTION MORTAGE FORECLOSURE Defendants. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006-R2 (the "Plaintiff'), whose address is c/o Homeward Residential, Inc. f/k/a American Home Mortgage Servicing, Inc., 4875 Belfort Road, Suite 130, Jacksonville, FL 32256. 2. Marlin J. Bitner and Angie J. Bitner (hereinafter referred to as "Defendants") are adult individuals and are the real owners of the property hereinafter described. 3. Defendants reside at 340 Kerrsville Road, Carlisle, PA 17015 4. On January 18, 2006, in consideration of a loan in the principal amount of $142,200.00, Defendants executed and delivered to Ameriquest Mortgage Company, an adjustable rate note (the "Note") with an initial interest rate at 7.900% per annum, and initial monthly payments of $1,033.52 commencing on March 1, 2006, continuing each month until the maturity date of February 1, 2036. A true and correct copy of the Note is attached hereto and made a part hereof as Exhibit "A". 5. To secure the obligations under the Note, Defendants executed and delivered to Ameriquest Mortgage Company, a mortgage (the "Mortgage") dated January 18, 2006 and recorded on February 6, 2006 in the Recorder of Deeds in and for the County of Cumberland in Book 1939, Page 2366. A true and correct copy of the Mortgage is attached hereto and made a part hereof as Exhibit "B". 6. By Assignment of Mortgage, Citi Residential Lending Inc., as Attorney-in-Fact for Ameriquest Mortgage Company assigned its Mortgage to Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage Securities Inc. Asset-Backed Pass-Through Certificates, Series 2006-R2, Under the Pooling and Servicing Agreement dated March 1, 2006, which Assignment of Mortgage was recorded on February 17, 2009 in the Recorder of Deeds in and for the County of Cumberland as Instrument No. 200904134. A true and correct copy of the Assignment of Mortgage is attached hereto and made a part hereof as Exhibit "C". 7. The Mortgage secures the following real property (the "Mortgaged Premises"): 340 Kerrsville Road, Carlisle, PA 17013. A copy of the legal description of the Mortgaged Premises is attached hereto and made a part hereof as Exhibit "D". 8. By Agreement dated October 1, 2010, Defendants entered into a loan modification with American Home Mortgage Servicing, Inc., loan servicer for Plaintiff, wherein the terms of the subject loan were modified. Pursuant to the loan modification agreement, the unpaid principal balance was $157,241.56 as of October 1, 2010. The interest rate and monthly payment on Borrower's Note., and the applicable interest change dates and payment due dates, are modified as follows: Years New Interest Interest Rate Monthly Principal Estimated Total Payment Number Rate Change Date and Interest Monthly Monthly begins of Payment Amount Escrow Payment* On Payments Payment Amount 1-5 4.125% 10/1/2010 $834.55 $264.34 $1,098.88 11/1/2010 60 6-26 4.5% 10/1/2015 $862.26 May adjust May adjust 11/1/2015 244 eriodicall periodically If on February 1, 2036, the Maturity Date, Borrowers still owe amounts under the Note and Security Instrument, as amended by this agreement, Borrowers will pay these amounts in full on the Maturity Date. A true and correct copy of the Loan Modification Agreement is attached hereto and made part hereof as Exhibit "E". 9. Defendants are in default of their obligation pursuant to the Note and Mortgage because payments of principal and interest due December 1, 2011, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 10. The following amounts are due on the Mortgage and Note: Balance of Principal $151,708.44 Accrued but Unpaid Interest from 11/1/2011 - 4/24/2012 4.125% $3,018.98 Accumulated Late Charges $50.07 Escrow Advance $2,817.12 Recoverable Balance $359.20 Title Search Fees $250.00 Reasonable Attorney's Fees $1,300.00 TOTAL as of April 24, 2012 $159,503.81 Plus, the following amounts accrued after April 24, 2012: Interest at the current Rate of 4.125% per annum ($17.15 per diem); late charge of 6.000% of the overdue payment of principal and interest; any amounts expended for future recoverable advances; corporate advances; taxes and insurance along with additional costs and attorney fees incurred in this foreclosure action. 11. During the course of this action, the plaintiff may be obligated to make advances for the payment of taxes, assessments, insurance premiums and necessary expenses to preserve the security, and such sums advanced under the terms of the Note and Mortgage, together with interest, will be added to the amount due on the mortgage debt and secured by the plaintiff's Mortgage. 12. A pre-foreclosure notice was sent to the Defendants, on February 22, 2012, via certified and regular mail. Pursuant to the supplemental notice published in the Pennsylvania Bulletin, (41 Pa.B. 3943), Act 91 Notice is no longer required nor applicable to any mortgage foreclosure action filed August 27, 2011 or later. A true and correct copy of such notice is attached hereto and made a part hereof as Exhibit "F" WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 10, namely, $159,503.81 plus the following amounts accruing after April 24, 2012, to the date of judgment: (a) interest of $17.15 per diem; (b) late charges of 6.000% on any overdue payment of principal and interest per month; (c) plus interest at the legal rate allowed on judgments after the date of judgment; (d) additional attorney's fees (if any) hereafter incurred; (e) costs of suit; and (f) any amounts expended for future recoverable advances, corporate advances, taxes and insurance. PARKER McCAY P.A. Dated: 2012 By: Katherine E. Knowlton, Esquire Attorney for Plaintiff VERIFICATION 1, Watson Dixon hereby certify that I am a Assistant Secretary of Homeward Residential, Inc. f/k/a American Home Mortgage Servicing, Inc. attorney-in-fact for Plaintiff Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Assistant Secr tary Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006-R2. As a for Homeward Residential, Inc. f/k/a American Home Mortgage Servicing, Inc. attorney-in-fact for the Plaintiff, I am authorized to make this verification on behalf of the Plaintiff. I verify that the facts and statements set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief, based on review of business records during the normal course of business. This verification is made subject to the penalties of 18 Pa. C.S.§ 4904, relating to unsworn falsification to authorities. Name: Watson n Title: Assistant Secretary Docket No. PMC File No. 14871-12-06306 Defendant Name: Marlin & Angie Bitner Property: 340 Kerrsville Road, Carlisle, PA 17013 EXHIBIT A • Wan Number: 0142873603 - 5697 ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE i MUST PAY. THIS LOAN HAS A PREPAYMENT PENALTY PROVISION. A? , January 18, 2006 Orange4 CA (Date] [City] (State) 340 Kerrsville Road, Carlisle, PA 17013 [Property Address] 1, BORROWER'S PROMISE TO PAY In return for a loan that 1 have received, I promise to pay U.S. $ 142,200.00 (this amount is called 'principal"), plus interest, to the order of the Lender. The Lender is Ameriquest Mortgage Company . I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is plied the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 7,900 %. This Interest rate I will pay may change In accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section! 4 of this Note is the rate i will pay both before and after any default described in Section 7(B) of this Note. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on March 1, 2006 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on February1, 2036 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the maturity date. I will make my payments at: 505 City Parkway West, Suite 100, Orange, CA 92868 or at a different place if required by the Note I71bh4t,_'' (B) Amount of My Initial Monthly Payments Each of my Initial monthly payments will be in the amount of U.S. $ 1,033.52 . This amount may change. (C) Monthly Payment Changes Changes In my monthly payment will reflect changes in the unpaid principal of my loan and In the interest rate that i must pay. The Note Holder will determine my now Interest rate and the changed amount of my monthly payment In accordance with Section 4 of this Note. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of February, 2009 , and on that day every sixth month thereafter. Each date on which my Interest rate could change is called a "Change Date," (B) The Index Beginning with the first Change Date, my Interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the date 45 days before the Change Date Is called the "Current Index." If at any point in time the Index is no longer available, the Note Holder will choose a new Index that Is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new Interest rate by adding six and one-quarter percentage point(s) ( 6.250 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eight of one percent (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new Interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date In full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. Inillal C% 201.1PA(Rev. 07/03) "I Wl7 ?YM141ti YY??rIIi?II ?I •? ?. ???of3 s% 000001,128736030300550301 01118/2008 12:31:57 PM 0 0 Loan Number. 0142873603 - 5697 (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.900 % or less than 7.900%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One percentage point(s) 1.000%) from the rate of interest I have been paying for the preceding six months. My Interest rate will never be greater than 13.900 % or less than 7.900 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my Interest rate and the amount of my monthly payment before the effective date of any change. The notice will Include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. PREPAYMENT PRIVILEGE I may repay all or any part of the principal balance of this Note in accordance with the terms of this Section. A "prepayment" is any amount that I pay in excess of my regularly scheduled payments of principal and Interest that the Lender will apply to reduce the outstanding principal balance on this Note In accordance with this Section. (A) Prepayment Made Three (8.00) year(s) After the Date of this Note l will not have to pay a prepayment charge if I make a prepayment on the Three (3.00) year anniversary of the date this Note Is executed, or at any time thereafter. (B) Prepayment Made Within Three (3.00) year(s) of the Date of this Note if the original principal balance of my loan exceeds $50,000.00, 1 will pay Lender a prepayment charge if, in any twelve (12) month period before the Three (3.00) year anniversary of the date this Note is executed, I prepay more than 20% of the original principal balance of this Note. The prepayment charge will be six (6) months Interest, at the rate then in effect on this Note, on the amount in excess of 20% of the original principal balance that I prepay within such 12 month period. (C) Application of Funds I agree that when I Indicate in writing that I am making a prepayment, the Lender shall apply funds it receives first to pay any prepayment charge and next in accordance with the order of application of payments set forth in Section 2 of the Security Instrument. (D) Monthly Payments If I make a prepayment of an amount less than the amount needed to completely repay all amounts due under this Note and Security instrument, my regularly scheduled payments of principal and interest will not change as a result. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (1) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (11) any sums already collected from me which exceeded gegnitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I'owe under this Note or by making a direct payment to me. If a refund reduces the principal, the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payment If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 6.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If 1 do not pay the full amount of each monthly payment on the date it Is due, I will be In default. (C) Notice of Default If I am In default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay Immediately the full amount of principal which has not been paid and all the Interest that I owe on chat amount. The date must be at least 30 days after the date on which the notice is delivered or mailed to me, (D) No Waiver by Note Holder Even if, at a time when I am In default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay Immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Propenv Address above or at a different address If I give the Note Holler a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given notice of that FIRM diiifferent address. N. lSt?YCti1N?Qfy?yyy???}y/?j?y?y?11111 Initials'. 000001426736030300550302 - 2 of3 20t-2PA rao„. 07/0 0111 50006 12:31:67 PM Doan Number. 0142873603 - 5697 OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, Including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person Individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed underthis Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition, to the protections given to the Note Holder under this Note, A Mortgage, Deed of Trust or Security Deed (the "Security instrument"), dated the same as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that 1 make In this Note. That the Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows; Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without the Lender's prior written consent, Lender may, at its option, require Immediate payment in full of all sums secured. by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security. Instrument. Lender also shall not exercise this option If (a) Borrower causes to be submitted to lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonable determines that Lender's security will not be Impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition of Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to lender and that obligates the transferee to keep all the promises and agreements made in the Note and In this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within. which the Borrower must pay all sums secured by this Security Instrument. If Borrower falls 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. Oral agreements, promises or commitments to lend money, extend credit, or forbear from enforcing repayment of a debt, including promises to extend, modify, renew or waive such debt, are not enforceable. This written agreement contains all the terms the Borrower(s) and the Lender have agreed to. Any subsequent agreement between us regarding this Note or the instrument which secures this Note, must be in a signed writing to be legally enforceable. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. {Seal) , 1,?, Borrower (Seal} er o J trier orrower ngie tner (Seal) (Seal) Borrower Borrower ffir i?I ?1f1?If ?71,+?'ffllLi ? III 000001428736030300560303 201.3PA (Rev. 07103) 3 013 01i18J2008 12:31:67 PM EXHIBIT B yoao ?5 t Prepared By: 7 Ameriquest Mortgage Company Robin Lane 150 Corporate Center Drive, #102 Camp Hill. PA 17011 Recording Requested by & When Recorded Return To: US Recordings, Inc. 2925 Country Drive St. Paul, MN 55117 Parcel Numb(c46-08-0585-071 Premises: 340 Kerrsville Road, Carlisle, PA 17013 [Space Above T61s Line For Recording Data) ^ U 5 t DEFINITIONS MORTGAGE Words used in multiple sections of this document are defined below and other words are defused in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated January 28, 2006 , together with all Riders to this document. (B) "Borrower" is Marlin J Bitner and Angie J Bitner, His Wife Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Ameriquest Mortgage Company PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 01/18/2006 12:31:57 0142873603-5697 "'IPA ?mv j0a0u} ^ Pape 1 0( 16 Irvh VMP Mortgage SoWtbns. Inc (800)621.72 1 i 9211%wl 1111 11 00000142a736030301501701 BK 1939PG2366 Lender is a corporation organized and existing under the laws of Delaware Lender's address is 1100 Town and Country Road, Suite 200 Orange, CA 92868 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated January 18, 2006 The Note states that Borrower owes Lender one hundred forty-two thousand two hundred and 00/100 Dollars (U.S. $ 142,200. 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than February 1, 2036 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ® Adjustable Rate Rider 0 Condominium Rider ? Second Home Rider Balloon Rider ? Planned Unit Development Rider ? 14 Family Rider VA Rider 0 Biweekly Payment Rider ? Other(s) [specify] (II) "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. (,n "Electronic Funds Transfer" means any transfer of funds, other than a transaction onginated 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. "Escrow Items" means those items that are described in Section 3. Lq) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. AM6PA (osoe) Page 2 or 10 AJ600b Form 3039 1101 0142873603-5697 ornp. vow 01/18/2006 12:31:57 11M K Kg ?I11 000001428736030301501702 BKI939PG2367 0 "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, 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. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of 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 This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the county [Type of Recording Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiction]: Legal Description Attached Hereto and Made a Part Hereof. which currently has the address of 340 Kerrsville Road Carlisle ("Property Address"): AM6PA lima) 01/18/2006 12:31:57 [Street] [city], Pennsylvania 17013 [Zip Code] Papa 3 of 16 Form 3039 1101 0142873603-5697 R 000001428736030301501703 DK 1939PG2368 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 scisod 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 Lander covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its n is 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 sc eduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each 1p'enodic 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 AM6PA p5os) i Pege4 of 16 ?? Form 3039 1101 0142873603-5697 01/18/2006 12:31:57 8K 1939PG2369 111PROMMM 000001428736030301501704 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shalt be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the aniount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lander, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be AM6PA pw8) 0142873603-5697 fna Pape 5 of 16 Form 3039 1101 01118/2006 12:31:57 11MMW PAP I 9 a ? 01i 000001428735030301501705 BKI939PG2370 paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manna acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. AM6PA p5os) 0142873603-5697 ??r Page a or is Form 3039 1101 UOINJ 01 / 18/2006 12:31:57 1105111 lli 000001428736030301501706 SKI939PG237I If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. An 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. Lander shall have the fight to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property,.such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender max file, fiegotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 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 AMePA psoe, Pape 7 of is Form 3039 1101 0142873603-5697 01/18/2006 12:31:57 t- '011K 1939PG2372.. 000001429736030301501707 otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be lit 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, misleadin , or inaccurate information or statements to Lender (or failed to provide Lender with material informationiin connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to performs 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 approprtiate 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) pa ng 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, eimmnate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lander 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. 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. AMGPA p6oe) P5908 of 10 Form 3039 1101 0142873603-5697 own 01/18/2006 12:31:57 ®? • *I? r ? 11111 000001428738030301501708 BKI939PG2373 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 to effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (m the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that,purchases the Note)) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any remsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (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. InK AM6PA p5 w) Page 9of 16 Form 3039 1101 0142873603-5697 arn*_LW W11 Tit{ 11i We tE in 01/18/2006 12:31:57 000001428736030301501709 on 1939PG2374• 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lenders security is not lessened. During such repair and restoration period, Lander shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportum% to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that suchh inspection shall be undertaken promptly. Lender may pay for the repairs and restoration m 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 an interest or eamui$s on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial tat i destruction, or loss in value is equal to or greater than the amount of the sums seemed 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 byy 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 mrmedrately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposin g 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 asprovided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. i AM6PA psos) Page 10 of 16 Form 3039 1/01 0142873603-5697 01/18/2006 12:31:57 XV10a. X141 000001428736030301501710 BK 1939PG2375 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 liabilityy of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proccedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage,. grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terns 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 n hts and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging. of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the 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 if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless inm AM6PA p5oe) Page I I of 1e Form 3039 1101 0142873603-5697 M" ii 01/18/2006 12:31:57 I 000001428736030301501711 BKI939PG2376 Applicable Law expressly rewires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against a0reement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such confl ict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As usod in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; {b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives solle discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest 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 rn a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of.. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable 111q? AM6PA pw8) Pape 12 of 16 form 3039 1101 0142873603 - 5697 01/16/2006 12:31:57 III r„ ,.1' WIM1111 000001428736030301501712 801939PG2377 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 ay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Nate; 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 ob igations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servieer 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 parry has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: asoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or iii the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental i AM6PA p5oa> Page 13 of is Form 3039 1101 0142873603-5697 owl III 01/18/2006 12:31:57 ¦I? 1 000001428736030301501713 ENKI939PG2378 Law, (b) which creates an Environmental Condition, or (0 which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not linuted to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agenc or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as s ecified may result in acceleration of the sums secured by this Security Instrument, foreclosure by ,adiclal proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27, Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Ino AM6PA {oeos) Papa 14 of is Form 3039 1/01 0142873603-5697 01/18/2006 12:31:57WAVI ,,a' ' 1A ? 000001428736030301501714 "I' I 939PG2379 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: AM6PA (oso8) 01/18/2006 12:31:57 `''?- (Seal) Marlin J er -Borrowor ty? (Seal) Angie J the -Borrower Page 15 of 18 _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower Form 3038 1101 0142873603-5697 000001428736030301$01715 %s? _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower BK ! 939PG2380 COMMONWEALTH OF PENNSYLVANIA .°-c County ss: On this, the day of •' r • .. G before me, Day on ear the undersigned officer, personally appeared r known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Notarial Seal .. , BRANDTER Y _ Notwy . county East 111WKtw*W T1flIP Y &1749 t u1k,t y Coewrftsbn Title of Officer Certificate of Residence 11MM&RAW11 address of the within-named Mortgagee is 1 Witness my hand this ^ ! c day of Day Month/Year Agent of Mortgagee IIIIIIAII?!! 400.16PA (10,04) , do hereby certify that the correct OW00142673603030 15v017iu^ Page 16 of 16 0142873603 - 5697 01118/200612:31:67 PM BK 1939PG238 I ADJUSTABLE RATE RIDER (LIBOR Six-Month-Index (As Published in the Wall Street Journal)- Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 18th day of January, 2006 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to Ameriquest Mortgage Company (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 340 Kerrsville Road, Carlisle, PA 17013 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7.800 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of February, 2009 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in the Wall Street Journal. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. Initial Loan Number: 0142873603 - 5697 00000142836030302150301 1111 01118/2006 12:31:57 PM siai (Rev iro>) Page 1 of 3 8K 1939PG2382 (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding six and one-quarter percentage points ( 6.250 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.900% or less than 7.900%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One(1.000 %) from the rate of Interest I have been paying for the preceding six months. My interest rate will never be greater than 13.900)% or less than 7.900)%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Section 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. Init Loan Number: 0142873603 - 5697 000001428736030302150302 610.2 (Rev 1/01) Page 2 of 3 0111812006 12:31:57 PM BKi939PG2383 If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower Is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law. Lender also shall not exercise this option if, (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement In this Security instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lenders consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. r? (Seal) '64" /1 o wer m J itner CLINNI?qC\?&AN,-q\ (Seal) Borrower An n J itn (Seat) Borrower Borrower Loan Number: 0142873603 - 5697 lilt llll 000001428736030302150303 610-3 (Rev IVY Page 3 of 3 (Seal) 01/18/2006 12:31:57 PM 8K ! 939PG2384 SCHEDULE C LEGAL DESCRIPTION Commitment Number: PA-05-14626 File Number: PA-05-14626 ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a plan prepared by Larry V. Neidlinger, P.E. R. S. dated and recorded in the Office of the Recorded of Deeds for Cumberland County in Plan Book 65, Page 130. BEGINNING at a nail in centerline of Kerrsville Road at corner of Lot No. 7 as shown on plan of record; thence along Lot No. 7, South 71 degrees 11 minutes 19 seconds West 432.57 feet to an iron pin; thence along other lands of Steven J. Harper, North 18 degrees 48 minutes 41 seconds West 176.42 feet to an iron pin; thence still along other lands of Harper, North 73 degrees 05 minutes 12 seconds East 437.86 feet to a nail in centerline of Kerrsville Road; thence along Kerrsville Road. South 16 degrees 52 minutes 41 seconds East 149.73 feet to a point; thence still along Kerrsville Road, South 18 degrees 48 minutes 41 seconds East 12.27 feet to a point, the Place of BEGINNING. Being the same premises which Steven J. Harper and Patricia M. Harner, his wife, by deed dated 8/19/1993 and recorded 8/20/1993 in Cumberland County in Book M36 on Page 91 then granted and conveyed to Marlin J. Bitner and Angie J. Sitner, his wife, in fee. Parcel #: 46-08-0585-071 U29483051-01SK20 REFINANCE NORTGA LOAN# 142873693 US Recordings OUllty PA ier of Deeps S'I` I,: N8'A RT rr I'i' L E BK 1939PG2385 GUARANTY COMPANY EXHIBIT C gi3q - Prepared by: Jessica FretwelVNTC,2100 0018UE Alt. 19 North, Palm Harbor, FL 34683 (800)346-9152 Return To; AMERICAN HOME MTG SERVICING C/O NTC 2100 Alt. 19 North Palm Harbor, FL 34683 CRL L#: 0142873603 Assignee L#: 4001856352 UPI#: 46-08-0585-071 Investor L#: 0142873603 Custodian: 85 Effective Date: 02/11/2009 ASSIGNMENT OF MORTGAGE By: FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, the undersigned, CITI RESIDENTIAL LENDING INC., AS ATTORNEY-IN-FACT FOR AMERIQUEST MORTGAGE COMPANY, WHOSE ADDRESS IS 10801 E. 6TH STREET, RANCHO CUCAMONGA, CA 91730, (ASSIGNOR), by these presents does convey, grant, sell, assign, transfer and set over the described mortgage together with the certain note(s) described therein together with all interest secured thereby, all liens, and any rights due or to become due thereon to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR, AMERIQUEST MORTGAGE SECURITIES INC. ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-R2, UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 2006, WHOSE ADDRESS IS 1761 EAST ST. ANDREW PLACE , SANTA ANA, CA 927054934, (ASSIGNEE) said mortgage dated 01/18/2006, in the amount of $142,200.00 made by MARLIN J. BITNER AND ANGIE J. BITNER to AMERIQUEST MORTGAGE COMPANY recorded on, in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania, in Book 1939, Page 2366 (or Document No.) Mortgage Premise:340 KERRSVILLE ROAD WEST PENNSBORO TWP. CARLISLE, PA 17013 In Witness whereof, the said Corporation has caused this instrument to be executed in its corporate name by CRYSTAL MOORE its VICE PRESIDENT and authorized signer, THIS 20TH DAY OF JANUARY IN THE YEAR 2009 CITI RESIDENTIAL LENDING INC., AS ATTORNEY-IN-FACT FOR AMERIQUEST MORTGAGE COM Y POA RECORDED/02/01/2008 DOC#:200803845 CRYSTAL MOORE VICE PRESIDENT uuuiiniflAii8 1131 CJ1111202411111 IN (-1-3/MMPAt Loan Number 0142873603 STATE OF FLORIDA COUNTY OF PINELLAS On 01120/2009, before me, BRYAN J. BLY the Undersigned, Notary Public, personally appeared CRYSTAL MOORE who acknowledged to be the VICE PRESIDENT of CITI RESIDENTIAL LENDING INC., AS ATTORNEY-IN-FACT FOR AMERIQUEST MORTGAGE COMPANY a corporation, and that s/he as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by themselves as such corporate officers. IN WITNESS WHEREOF, I hereunto set my hand and official seal. L/\ BRYAN J. BLY Notary l4bl' My commission expires: 07/9112011 N8 Public, Dof Q03,4aS Cdntni?sbn?yy?O 691p5 tlondatt9 N???Mi1?Wn. Assignment of Mortgage om: CITI RESIDENTIAL LE DING INC., AS ATTORNEY-IN-FACT FOR AMERIQUEST MORTGAGE COMPANY, WHOSE DRESS IS 10801 E. 6TH STREET, RANCHO CUCAMONGA, CA 91730, (ASSIGNOR), to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR, AMERIQUEST MORTGAGE SECURITIES INC. ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-112, UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 2006, WHOSE ADDRESS IS 1761 EAST ST. ANDREW PLACE, SANTA ANA, CA 92705-4934, (ASSIGNEE) Mortgagor: MARLIN J. BTTNER AND ANGIE J. BITNER When Recorded Return To: AMERICAN HOME MTG SERVICING C/0 NTC 2100 Alt. 19 North Palm Harbor, FL 34683 Ail that certain lot or piece of ground situated in Mortgage Premise: 340 KERRSVILLE ROAD WEST PENNSBORO TWP. CARLISLE, PA 17013 CUMBERLAND (Borough or Township, if stated), Commonwealth of Pennsylvania. Being more paicularly described in said mortgage. I , do certify that the address of the above assignee is: DEUTSCHE BANK PLACE, SANTA NA, CA 92705-4934, (ASSIGNEE) *9306678* CRLAS 9306678 1131 CJ2024219 N4 NAT]ONAL T S T MPANY, AS TRUSTEE FOR, AMERIQUEST MORTGAGE SECURITIES INC. ASSET-BAC D P S-THROUGH CERTIFICATES, SERIES 2006-R2, UNDER THE POOLING AND SERVICING AG MENT DATED MARCH 1, 2006, WHOSE ADDRESS IS 1761 EAST ST. ANDREW (0Md/FPMPA1 •' . -& ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number- 200904134 Recorded On 2/17/2009 At 10:40:38 AM * Total Pages - 3 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 37218 User ID - KW * Mortgagor - BITNER, MARLIN J * Mortgagee - AMERIQUEST MORTGAGE SECURITIES INC * Customer - NATIONWIDE TITLE CLEARING * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS PARCEL CERTIFICATION FEES COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $10.00 $11.50 $10.00 $2.00 $3.00 $37.00 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA 4 °a cure 1,40 RECORDER O D EDS 1750 ' - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. INIIIIIIIIIIIIIIIIIIIi EXHIBIT D All that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a plan prepared by Larry V. Neidlinger, P.E.R.S. dated and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 65, Page 130. Beginning at a nail in centerline of Kerrsville Road at corner of Lot No-7 as shown on plan of record; thence along Lot No. 7, South 71 degrees 11 minutes 19 seconds West 432.57 feet to an iron pin; thence along other lands of Steven J. Hamer, North 18 degrees 48 minutes 41 seconds West 176.42 feet to an iron pin; thence still along other lands of Hamer, North 73 degrees 05 minutes 12 seconds East 437.86 feet to a nail in centerline of Kerrsville road; thence along Kerrsville Road, South 16 degrees 52 minutes 41 seconds East 149.73 feet to a point; thence still along Kerrsville Road, South 18 degrees 48 minutes 41 seconds East 12.27 feet to a point, the place of beginning. Tax Id No: 46-08-0585-071 For information purposes only - Property also known as: 340 Kerrsville Road Carlisle, PA 17015-9438 Title to said premises is vested in Marlin J. Bitner and Angie J. Bitner, his wife, by deed from Steven J. Hamer and Patricia M. Hamer, his wife, dated 8/19/1993 and recorded 8/20/1993 in Book 360, Page 91. EXHIBIT E 4• 1707-00=11-001-5-000-000-000-000 Investor Loan # 0142873603 HOME AFFORDABLE MODIFICATION AGREEMENT (Step Two of Two-Step Documentation Process) Borrower ("I"): 'MARLIN J BITNER & ANGIE J BITNER Lender or Servicer ("Lender"): American Home Mortgage Servicing, Inc. Date of first lien mortgage, deed of trust, or security deed ("Mortgage") and Note ("Note"): 1/18/2006 Loan Number: 4001856352 Property Address ("Property"}: 340 KERRVILLE ROAD,CARLISLE PA 17013 If my representations In Section 1 continue to be true in all material respects, then this Home Affordable Modification Agreement ("Agreement") will, as set forth in Section 3, amend and supplement (1) the Mortgage on the Property, and (2) the Note secured by the Mortgage. The Mortgage and Note together, as they may previously liave been amended, are referred to as the "Loan Documents." Capitalized terms used in this Agreement land not defined have the meaning given to them in Loan Documents. i understand that after I sign and return two copies of this Agreement to the Lender, the Lender will send me a signed copy of this Agreement. This Agreement will not take effect unless the preconditions set forth in Section 2 have been satisfied. 1 Representations. I certify, represent to Lender, and agree: . My A. I am e)periencing a financial hardship, and as a result, () I am in default under the Loan J Documents, and (Ii) I do not have sufficient income or access to sufficient liquid assets to make the monthly mortgage payments now or in the near future; B. I live in the Property as my principal residence, and the Property has not been condemned; G. There has been no change in the ownership of the Property since I signed the Loan Documents; D. I have provided documentation for all income that I receive (and I understand that I am not required to disclose child support or alimony unless I chose to rely on such income when requesting to qualify for the Home Affordable Modification program ("Program")); E. Under penalty of perjury, all documents and information l have provided to Lender in connection I with this Agreement, including the documents and information regarding my eligibility for the Program, are true and correct; F. If Lender requires me to obtain credit counseling in connection with the Program, I will do so; and G. 1 have made or will make all payments required under a Trial Period Plan or Loan Workout Plan. 2. Acknowiedgements and Preconditions to Mod cation. I understand and acknowledge that: A. If prior to the Modification Effective Date as set forth in Section 3 the Lender determines that any of my representations in Section 1 are no longer true and correct, the Loan Documents will not be modified and this Agreement will terminate. In that event, the Lender will have all of the rights and remedies provided by the Loan Documents; and B. I understand that the Loan Documents will not be modified unless and until (i) I receive from the Lender a copy of this Agreement signed by the Lender, and (if) the Modification Effective Date (as defined in Section 3) has occurred. I further understand and agree that the Lender will not be obligated or bound to make any modification of the Loan Documents if I fail to meet any one of the requirements under this Agreement. 1 If more than one Borrower or Mortgagor is executing this document, each is referred to as "I." For purposes of this document words signifying the' i singular (such as "I") shall Include the plural (such as "we") and vice versa where appropriate. MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Fannie Mae/Freddie Nlac UNIFORM INSTRUMENT Form 3157 3109 (rev. 8/09) (page 1 of 5 pages) 4-7 '707-0000211-001.6.000.000.000000 The Modification. If my representations in Section 1 continue to be true in all material respects and all preconditions to the modification set forth in Section 2 have been met, the Loan Documents will automatically become modified on 11/1/2010 (the "Modification Effective Date') and all unpaid late charges that remain unpaid will be waived. I understand that if I have failed to make any payments as a precondition to this modification under a workout plan or trial period plan, this modification will not take effect. The first modified payment will be due on 11/112010. A. The new Maturity Date will be: 2/1/2036. B. The modified principal balance of my Note will include all amounts and arrearages that will be past due as of the Modification Effective Date (including unpaid and deferred interest, fees, escrow advances and other costs, but excluding unpaid late charges, collectively, "Unpaid Amount") less any amounts paid to the Lender but not previously credited to my Loan. The new principal balance of my Note will be $157,241.56 (the "New Principal Balance"). 1 understand that by agreeing to add the Unpaid Amounts to the outstanding principal balance, the added Unpaid Amounts accrue interest based on the interest rate in effect under this Agreement. I also understand that this means interest will now accrue on the unpaid Interest that is added to thel outstanding principal balance, which would not happen without this Agreement. C. Interest at the rate of 4.125% will begin to accrue on the New Principal Balance as of 10/11/2010, and the first new monthly payment on the New Principal Balance will be due on 11/11/2010. My payment schedule for the modified Loan is as follows: Y ears Interest Interest Monthly Estimated Total Payment Number of Rate Rate Principal Monthly Monthly Begins On Monthly Change and Escrow Payment' Payments Date Interest Payment Payment Amount" Amount 1- 5 4.125% 10/1/2010 $834.55 $264.34 $1,098.88 11/1/2010 60 6- 26 4.5% 1011/2015 $862.26 May adjust May adjust 11/1/2015 244 C periodically periodically MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Fam11y - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3157 3/09 (rev. 6/09) (page 2 of 5 pages) 4• '1707.0000211-001-7000.000-000-0W 4 'The escrow payments may be adjusted periodically in accordance with applicable law and therefore my total monthly payment may change accordingly. The I above terms in this Section 3.C, shall supersede any provisions to the contrary in the Loan Documents, including but not limited to, provisions for an adjustable or step interest rate. I understand that, if I have a pay option adjustable rate mortgage loan, upon modification, the minimum monthly payment option, the interest-only or any other payment options will no longer be offered and that the monthly payments described in the above payment schedule for my modified loan' will be the minimum payment that will be due each month for the remaining term of the loan. My modified loan will not have a negative amortization feature that would allow me to pay less than the interest due resulting in any unpaid interest to be added to the outstanding principal balance. D. I will be in default if I do not comply with the terms of the Loan Documents, as modified by this E. If a default rate of interest is permitted under the Loan Documents, then in the event of default under the Loan Documents, as amended, the interest that will be due will be the rate set forth in Section 3.C. Agreements. I agree to the following: That all persons who signed the Loan Documents or their authorized representative(s) have signed this Agreement, unless () a borrower or co-borrower is deceased; (i) the borrower and co-borrower are divorced and the property has been transferred to one spouse in the divorce decree, the spouse who no longer has an interest in the property need not sign this Agreement (although the non-signing spouse may continue to be held liable for the obligation under the Loan Documents); or (ii) the Lender has waived this requirement in writing. That this Agreement shall supersede the terms of any modification, forbearance, Trial Period Plan, or Workout Plan that I previously entered into with Lender. A. B. C D comply, except to the extent that they are modified by this Agreement, with all covenants, eements, and requirements of Loan Documents including my agreement. to make all payments axes, insurance premiums, assessments, Escrow items, impounds, and all other payments, amount of which may change periodically over the term of my Loan. Funds for Escrow Items. I will pay to Lender on the day payments are due under the Loan Documents as amended by this Agreement, until the Loan 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 the Mortgage 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 unifier the Loan Documents; (d) mortgage insurance premiums, if any, or any sums payable to Lender in lieu of the payment of mortgage insurance premiums in accordance with the Loan Documents; and (e) any community association dues, fees, and assessments that Lender requires to be escrowed. These items are called "Escrow Items." I shall promptly furnish to Lender all notices of amounts to be paid under this Section 4.D. I shall pay Lender the Funds for Escrow (terns unless Lender waives my obligation to pay the Funds for any or all Escrow hems. Lender may waive my 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, I 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 MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Fondly - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3157 3/09 (rev. 8/09) (page 3 of 5 pages) 4-7F •07-0000211-001.8-000-0004)00-000 such time period as Lender may require. My obligation to make such payments and to provide receipts shall, for all purposes, be deemed to be a covenant and agreement contained in the Loan Documents, as the phrase -covenant and agreement" is used in the Loan Documents. If I am obligated to pay Escrow ttenis directly, pursuant to a waiver, and I fail to pay the amount due for an Escrow Item, Lender may exercise its rights under the Loan Documents and this Agreement and pay such amount, and I shall then be obligated 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 the Loan Documents, and, upon such revocation, I shall pay to Lender all Funds, and in such amounts, that are then required under this Section 4.D. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under the Real Estate Settlement Procedures Act ("RESPA"), and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items, or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an Institution whose deposits are so insured), or in any Federal Horne Loan Bank. Lender shall apply the Funds to pay the Escrow items no later than the time specified under RESPA. Lender shall not charge me for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays me 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 me any interest or earnings on the Funds. Lender and I can agree in writing, however, that interest shall be paid on the Funds. Lender shall provide me, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to me for the! excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify me as required by RESPA, and I 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 me' as required by RESPA, and I 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 the Loan Documents, Lender shall promptly refund to me any Funds held by Lender. E. That the Loan Documents are composed of duly valid, binding agreements, enforceable in accordance with their terms and are hereby reaffirmed. F. That all terms and provisions of the Loan Documents, except as expressly modified by this Agreement, remain in full force and effect; nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the obligations contained in the Loan Documents; and that except as otherwise specifically provided in, and as expressly modified by, this Agreement, the Lender and I will be bound by, and will comply with, all of the terms and conditions of the Loan Documents. G. That, as of the Modification Effective Date, notwithstanding any other provision of the Loan Documents, I agree as follows: If all or any part of the Property or any interest in it is sold or transferred without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by the Mortgage. However, Lender shall not exercise this option if state or federal law, rules or regulations prohibit the exercise of such option as of the date of such sale or transfer. If Lender exercises this option, Lender shall give me notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which I must pay all sums secured by, the Mortgage. If I fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Mortgage without further notice or demand on me. H. ThIat, as of the Modification Effective Date, I understand that the Lender will only allow the transfer and assumption of the Loan, including this Agreement, to a transferee of my property as permitted under the L7Q1 Ot. VGI n.....,.,Illgllali,l !'1 nVs1, 41IL e I V.VC.V ^. Section 11I7AIv 41?i_-v1. A D buyaa ver or tansferee, of the Drooerty AA I nrtf ho 11 Vlr.v. permitted, under any other circumstance, to assume the Loan. Except as noted herein, this Agreement may not be assigned to, or assumed by, a buyer or transferee of the Property. 1. That, as of the Modification Effective Date, any provision in the Note, as amended, for the assessment of a penalty for full or partial prepayment of the Note must be waived with respect to any borrower "pay for p Irformance" principal reduction payments that are applied to the Loan. MULTISTATE ROME AFFORDABLE, MODIFICATION AGREEMENT - Single Family - Fannie Mae/Freddle Mae UNIFORM INSTRUMETT Form 3157 3/09 (rev. 8/09) (page 4 of5 pages) 1 4-7 707-0000211-001-8-0004000-000.000 J. That, I will cooperate fully with Lender in obtaining any We endorsement(s), or similar title insurance product(s), and/or subordination agreement(s) that are necessary or required by the Lenders procedures to ensure that the modified mortgage loan is in first lien position and/or is fully enforceable upon modification and that if, under any circumstance and not withstanding anything else to the contrary in this Agreement, the Lender does not receive such We endorsement(s), title insurance product(s) and/or subordination agreement(s), then the terms of this Agreement will not become effective on the Modification Effective Date and the Agreement will be null and void. K. That I will execute such other documents as may be reasonably necessary to either (i) consummate the terms and conditions of this Agreement; or (ii) correct the terms and conditions of this Plan if an error is detected after execution of this Agreement. I understand that a corrected Agreement will be provided to me Land this Agreement will be void and of no legal effect upon notice of such error. If I elect not to sign any1such corrected Agreement, the terms of the original Loan Documents shall continue in full force and effect, such terms will not be modified by this Agreement, and I will not be eligible for a modification under the Home Affordable Modification program. L. Mortgage Electronic Registration Systems, Inc. ("MFRS") is a separate corporation organized and edsting under the laws of Delaware and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, (888) 679-MFRS. In cases where the loan has been registered with MERS who has only legal title to the interests granted by the borrower in the mortgage and who is acting solely as nominee for Lender and Lenders successors and assigns, MERS has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any actii on required of Lender including, but not limited to, releasing and canceling the mortgage loan. M. That Lender will collect and record personal information, including, but not limited to, my name, address, telephone number, social security number, credit score, income, payment history, govemment monitoring information, and information about account balances and activity. In addition, I understand and consent to the disclosure of my personal information and the terms of the Trial Period Plan and this Modification Agreement by Lender to (a) the U.S. Department of the Treasury, (b) Fannie Mae and Freddie Mac in connection with their responsibilities under the Home Affordability and Stability Plan; (c) any investor, insurer, guarantor or servicer that owns, insures, guarantees, or services my first lien or subordinate lien (if applicable) mortgage loan(s); (d) companies that perform support services for thei Home Affordable Modification Program and the Second Lien Modification Program; and (e) any HUD certified housing counselor. N. I agree that if any document related to the Loan Documents and/or this Agreement is lost, misplaced, misstated, inaccurately reflects the true and correct terms and conditions of the loan as modified, or is otherwise missing, I will comply with the Lenders request to execute, acknowledge, initial, and deliver to the Lender any documentation the Lender deems necessary. If the original promissory note is replaced, the Lender hereby indemnifies me against any loss associated with a demand on the original note. All documents the Lender requests of me under this Section 4.N. shall be referred to as "Documents" I agree to deliver the Documents within ten (10) days after I receive the Lender's written request for such In By: Date Whereof, the Lender and I have executed this Ag ent. eat} Home ortg Servicing, Inc. 'MARLIN J B, ER Date /1 ?J Jl 1 idl r'L ? a ? `?Clc?i (Sea') ??J ? ? ? (? ANGIE - ?N 10 Date II (Space Below This Line For Acknowledgement] I MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3157 3/09 (rev. 8109) (page 5 of3 pages) 5-76 11.0002189-0038-000.000.000-000 &HM01 HOME MORTGAGEINC RELEASE AUTHORIZATION (Loan Modification) American Home Mortgage Servicing, Inc.: Loan No. 4001856352-E46 The undersigned (whether one or more, "Borrower") has requested a loan modification of the referenced Loan. In this regard, Borrower, by signing below, authorizes American Home Mortgage Servicing, Inc., or its designated representative ("AHMSI") to: • Order a credit report on Borrower from any Credit Reporting Agency • of AHMSI's choice. • Verify and re-verify, where necessary, Borrower's employment and income with • any employer of Borrower. • Verify and re-verify, where necessary, any Bank Account which Borrower lists • with AHMSI. • Obtain any information from any source AHMSI reasonably thinks is necessary • for review of the requested loan modification. Borrower also authorizes AHMSI to forward any and all credit information obtained by AHMSI to any Institutional Investor which may be required for review of the requested loan modification. orrow Date Borrower Date &W?? ?a?,?vq Borrowe Date Borrower Date Borrower Date Borrower Date Loan Modification Agreement Schedule A Name of Borrower(s): 0 Loan Number: 4001856352 BALLOON LOAN DISCLOSURES (If aoDllcable) Amortizi Amount $0.00 Deferment Amount $0.00 Total Balloon Payment ' $0.00 'The Balloon Payment is subject to change ii your loan contains a variable rate feature . ITEMIZATION OF AMOUNT DUE Total Due Deferred Amount Delinquent/Unpaid Interest 110/1900 To 1/0/1900 $0.00 Attome Fee/Costs $0.00 $0.00 Unpaid Taxes Unpaid Insurance / Escrow Reserves $0.00 $0.00 Modification Fee $0.00 $0.00 Document Preparation Fee # 41A #N/A Title Fee (f applicable) $0.00 $0.00 Properly Preservation $0.00 $0.00 Props Inspection $0.00 .00 Broker rice Opinion ( ) (Estimated Value of Property) $0.00 $0.00 Borrower Interview $0.00 $0.00 Interest on Secured Advances (ANMSI paid funds on behalf of borrower) $0.00 $0.00 Late Ch es $0.00 $0.00 Demand Fee $0.00 $0.00 Fax Fee $0.00 $0.00 Non-Sufficient Funds (NSF) (Returned Check Fees) $0.00 $0.00 Sped od nterest $0.00 $0.00 $0.00 .00 $0.00 $0.00 TOTALS *N/A #N/A Borrower Contribution $0.00 Mortgage Insurance Contribution $0.00 Total Deterred Amount #N/A Amount towards) st ant due $0.00 Total Amount Capitalized *NIA New Principal and Interest Payment Effective :'• 3/1/1900 $0.00 Month) Tax Payment "' .00 Month) Insurance Payment $0.00 Insurance Payment Month) Mor is $0.00 ote ayment $0.00 I" If your loan contains an variable rate feature, your monthly principal and interest payment is subject to change based on the terms of the Note and Modification Agreement. "' Includes estimated amount for the monthly escrow payment (which is subject to change). Borrower Initials here: Loan Modification Agreement Schedule A Rev. 1.1 -6110109 EXHIBIT F Amercan Home Mortgage Servicing Inc. PO Box 9092 Temecula, CA 92589-9092 Send Payments to: American Home Mortgage Servicing Inc P.O. Box 660029 Dallas, TX 75266-0029 11111111111111 7196 9006 9295 8109 9161 PRESORT First-Class Mail U.S. Postage and Fees Paid W SO 20120222-156 Send Correspondence to: American Home Mortgage Servicing Inc. P.O. Box 632237 Irving, TX 75063-2237 ral I'Ill'?'Il'III"IIIII'II?II?IIII?'Il?'?"?IIIIII"?'I'Ill""'?'I MARLIN J BITNER 340 KERRSVILLE RD CARLISLE, PA 17015-9438 OP001 _PA AU-Xd1 P.O. Box 631730 'acwrTo0r Irving, TX 7 5063-1 7 30 02/22/2012 MARLIN J BTTNER 340 KERRSVILLE RD CARLISLE, PA 17015-9438 Loan Number: 4001856352 Property Address: 340 KERRSVILLE ROAD CARLISLE, PA 17013 www.shmsi3.com Sent Via Certified Mail 7196 9006 9295 8109 9161 American Home Mortgage Servicing, Inc is currently servicing your Mortgage Loan that is secured by the property located at: 340 KERRSVILLE ROAD CARLISLE, PA 17013 YOUR LOAN IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments from 12/01/2011: $3,446.88 Late Charge(s) (if applicable): $0.00 Other Charge(s): NSF and Advances (if applicable): $0.00 Less: Credit Balance: 0.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $3,696.08 You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,696.08 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: American Home Mortgage Servicing, Inc P.O. Box 660029 Dallas, TX 75266-0029 or Overnight to: American Home Mortgage Servicing, Inc 1525 S. Beltline Road Coppell, TX 75019 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off I - RIA OP001 _PA Pagelof2 7196 9006 9295 8109 9161 the mortgage debt. If we refer your case to our attorneys; but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately six (6) months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (877) 304-3100. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID, PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. You may also contact a HUD-approved housing counseling agency toll-free at (800) 569-4287 or TDD (800) 877-8339 for the housing counseling agency nearest you. These services are usually free of charge. Attention Servicemembers and dependents: The Federal Servicemembers' Civil Relief Act ("SCRA") and certain state laws provide important protections for you, including prohibiting foreclosure under most circumstances. If you are currently on active duty in the military service, or have been within the last nine (9) months, please notify American Home Mortgage Servicing, Inc immediately. When contacting American Home Mortgage Servicing, Inc as to your active duty status, please provide positive proof as to your active duty status, i.e. a copy of your active duty orders. This information is also applicable to you if you are considered a "dependent", as defined by the "SCRA", of a servicemember who is currently on active duty in the military service, or has been within the last nine (9) months. If you do not provide this information, it will be assumed that you are not entitled to protection under the above-mentioned Act. American Home Mortgage Servicing, Inc is attempting to collect a debt, and any information obtained will be used for that purpose. Unless you notify us within thirty (30) days after receiving this notice that you dispute the validity of this debt or any portion thereof, we will assume this debt is valid. If you notify us within thirty (30) days from receiving this notice that you dispute the validity of this debt or any portion thereof, we will obtain verification of the debt or obtain a copy of a judgmientiand mail you a copy of such judgment or verification. Upon your written request within thirty (30) days after the receipt of this letter, we will provide you with the name and address of the original creditor, if the original creditor is different from the current creditor. Sincerely, .i.... n Ho Nlortnage Sertri-inlg me P.O. Box 632237 Irving, TX 75063-2237 Phone: (877) 304-3100 OP001_PA Page 2of2 7196 9006 9295 6109 9161 Amocan Home Mortgage Servicing Inc. PO Box 9092 Temecula, CA 92569-9092 PRESORT First-Class Mail U.S. Postage and III 111111111111 Fees Paid W SO 7196 9006 9295 8109 9178 Send Payments to: American Home Mortgage Servicing Inc P.O. Box 660029 Dallas, TX 75266-0029 20120222-156 Send Correspondence to: """Ii??ll"IIIII'Ill American Home Mortgage Servicing Inc. P.O. Box 632237 ANGIE J BITNER Irving, TX 75063-2237 340 KERRSVILLE RD CARLISLE, PA 17015-9438 OP001 _PA AU41 P.O. Box 631730 d*?a Irving, TX 75063-1730 02/22/2012 ANGIE J BITNER 340 KERRSVILLE RD CARLISLE, PA 17015-9438 Loan Number: 4001856352 Property Address: 340 KERRSVILLE ROAD CARLISLE, PA 17013 www.ahmsi3.com Sent Via Certified Mail 7196 9006 9295 8109 9178 American Home Mortgage Servicing, Inc is currently servicing your Mortgage Loan that is secured by the property located at: 340 KERRSVILLE ROAD CARLISLE, PA 17013 YOUR LOAN IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments from 12/01/2011: $3,446.88 Late Charge(s) (if applicable): $0.00 Other Charge(s): NSF and Advances (if applicable): $0.00 Less: Credit Balance: 0.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $3,696.08 You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,696.08 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money of der made payable and sent to: American Home Mortgage Servicing, Inc P.O. Box 660029 Dallas, TX 75266-0029 or Overnight to: American Home Mortgage Servicing, Inc 1525 S. Beltline Road Coppell, TX 75019 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off OP001 _PA Pagelof2 7196 9006 9295 8109 9178 the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately six (6) months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (877) 304-3100. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. You may also contact a HUD-approved housing counseling agency toll-free at (800) 569-4287 or TDD (800) 877-8339 for the housing counseling agency nearest you. These services are usually free of charge. Attention Servicemembers and dependents: The Federal Servicemembers' Civil Relief Act ("SCRA") and certain state laws provide important protections for you, including prohibiting foreclosure under most circumstances. If you are currently on active duty in the military service, or have been within the last nine (9) months, please notify American Home Mortgage Servicing, Inc immediately. When contacting American Home Mortgage Servicing, Inc as to your active duty status, please provide positive proof as to your active duty status, i.e. a copy of your active duty orders. This information is also applicable to you if you are considered a "dependent", as defined by the "SCRA", of a servicemember who is currently on active duty in the military service, or has been within the last nine (9) months. If you do not provide this information, it will be assumed that you are not entitled to protection under the above-mentioned Act. American Home Mortgage Servicing, Inc is attempting to collect a debt, and any information obtained will be used for that purpose. Unless you notify us within thirty (30) days after receiving this notice that you dispute the validity of this debt or any portion thereof, we will assume this debt is valid. If you notify us within thirty (30) days from receiving this notice that you dispute the validity of this debt or any portion thereof, we will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. Upon your written request within thirty (30) days after the receipt of this letter, we will provide you with the name and address of the original creditor, if the original creditor is different from the current creditor. Sincerely, American Nnme Mortgage. Servir_.ing, Inn. P.O. Box 632237 Irving, TX 75063-2237 Phone: (877) 304-3100 OP001_PA Page 2of2 7196 9006 9295 8109 9178 FORM 1 Deutsche Bank National Trust Company, et al Plaintiff(s) vs. Marlin J. Bitner and Angie J. B i t n e r Defendant(s) NOTICE OF RESIDENTIAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE FORECLOR DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your tender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date [Signature of Counsel for Plaintiff] Katherine E. Knowlton, Esq. Parker McCay P.A. 9000 Midlantic Drive, Suite 300 Mount Laurel, NJ 08054 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different) City: Phone Numbers: State: Zip: Yes[] No ? Listing date: Price: $ Realtor Phone: Yes ? No ? Home: Cell: State: Zip: Office: Other: Email: # of people in household: How long? Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: State: Zip: Home: Office: Cell: Other: How long? Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: _ Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Home: Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: Amount Owed: Value: Automobile #1: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation automobiles, boats, motorcycles Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 Mortgage Utilities Car Payment(s) Condo/Nei . Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su rt/Alim. Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax:_ Year: Year: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Y Copy of a current utility bill - Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) FORM 3 Deutsche Bank National Trust Company, et al Plaintiff(s) VS. Marlin J. Bitner_ and Angie J. Bitner Defendant(s) CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 4i 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, e undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Signature of Defendant's Counsel/Appointed Legal Representative Signature of Defendant Signature of Defendant Date Date Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORM 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Defendant(s) CIVIL ACTION NO. CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff q ??tn of CU1116P?? Of FI OF THE $! ERIFF Jody S Smith Chief Deputy Richard W Stewart Solicitor PE HNS w' Deutsche Bank National Trust Company Case Number vs. Marlin J. Bitner (et al.) 2012-3697 SHERIFF'S RETURN OF SERVICE 06/18/2012 04:33 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2012 at 1633 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Marlin J. Bitner, by making known unto Angie Bitner, Wife of Defendant at 340 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. I HAEL BARRI K, DEPUTY 06/18/2012 04:33 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2012 at 1633 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Angie J. Bitner, by making known unto herself personally, at 340 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the me time handing to her personally the said true and correct copy of the same. EL BARRI K, DEPUTY SHERIFF COST: $50.00 June 19, 2012 (c) CountySuite Sheriff. Teleosoft, Inc, SO ANSWERS, RON R ANDERSON, SHERIFF PRAECIPE FOR WRIT OF EXECUTION -MORTGAGE FORECLOSURE Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006- R2 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 Plaintiff, v. Marlin J. Bitner and Angie J. Bitner 340 Kerrsville Road Carlisle, PA 17013 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY - ~=~~ ., N0.2012-3697-CIVIL _~ ``~' ,~: A.. ~-" .,1 t...-. (/ ' .y ~ ~ L ...~',,,.,,. ,...... A...,'`. f~/ iJ °n~ 4„J ^,~~,i ~ c^ ~. ;== w- -~ .~ ,. CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly index this Writ against the Defendants as follows: Marlin J. Bitner and Angie J. Bitner. Real Property involved: 340 Kerrsville Road, Carlisle, PA 17013. Kindly issue a writ of execution in the above matter: Amount due 168,133.99 Interest from 09/18/2012 (at the per diem rate of $17.15) $ Costs $ Dated: November 2 , 2012 50 - op CgF 183. ?3 ~ ~ -~.so ~~ a . so ~' X010! . ~ ~ Po A~--ry PARKER McCAY P.A. By: Chandra M. Arkema, Esquire Attorney for Plaintiff ~a ~s~ ~. C~H ~ ~v ~~f PARKER McCAY P.A. By: Chandra M. Arkema, Esquire Attorney ID# 203437 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel, NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff File No. 14871-12-06306 / 14871-0886 Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006- R2 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 ... _~' • ~i~C r - ~ ~ { (/((~ ~Pf" F t . ~~s~~ ~~°~ -9 P~# 3: # ~ ~'I.ti 9.~{wai~H'tvtt~~ IiRJL7~$~s.., ~''~~'~'~~Y?.V~.fil~ COURT OF COMMON PLEAS CUMBERLAND COUNTY N0.2012-3697-CIVIL Plaintiff, v. Marlin J. Bitner and Angie J. Bitner 340 Kerrsville Road Carlisle, PA 17013 CIVIL ACTION MORTGAGE FORECLOSURE Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006-R2, Plaintiff in the above action, comes by its attorney and sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 340 Kerrsville Road, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Marlin J. Bitner 340 Kerrsville Road, Carlisle, PA 17015 An ie J. Bitner 340 Kerrsville Road, Carlisle, PA 17015 2. Name and address of Defendants in the judgment: Name Address (if address cannot be reasonably ascertained. please so indicatel Marlin J. Bitner 340 Kerrsville Road, Carlisle, PA 17015 An ie J. Bitner 340 Kerrsville Road, Carlisle, PA 17015 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicatel Deutsche Bank National Trust Company, as 4875 Belfort Road, Suite 130 Trustee for Ameriquest Mortgage Securities Jacksonville, FL 32256 Inc., Asset-Backed Pass-Through Certificates, Series 2006-R2 Commonwealth of Pennsylvania Lien Section Bureau of Com liance P.O. Box 280948, Harrisbur , PA 17128 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, lease so indicate Deutsche Bank National Trust Company, as 4875 Belfort Road, Suite 130 Trustee for Ameriquest Mortgage Securities Jacksonville, FL 32256 Inc., Asset-Backed Pass-Through Certificates, Series 200b-R2 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) ONLY THOSE LISTED ABOVE. 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Carlisle Area School District 623 West Penn Street, Carlisle, PA 17013 West Pennsboro Township Tax Collector Deborah W. Piper 2150 Newville Road, Carlisle, PA 17013 West Pennsboro Township Municipal Authori 300 Bridge Street, 2" Floor New Cumberland, PA 17070 Cumberland Coun Tax Assessment 1 Courthouse S uare, Carlisle, PA 17013 Cumberland Coun Tax Claim Bureau 1 Courthouse S uare, Carlisle, PA 17013 Cumberland County Domestic Relations 13 North Hanover Street, P.O. Box 320 Carlisle, PA 17013 Commonwealth of Pennsylvania De artment of Welfare 333 Health and Welfare Building Harrisbur , PA 17105 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) TenantlOccu ant 340 Kerrsville Road, Carlisle, PA 17015 ONLY THOSE LISTED ABOVE. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 1$ Pa. C.S. § 4904 relating to unsworn falsification to authorities. PARKE"~R McCAY P.A. Dated: November ~ , 2012 By: ~L~~ ~~ Chandra M. Arkema, Esquire Attorney for Plaintiff PARKER McCAY P.A. By: Chandra M. Arkema, Esquire Attorney ID# 203437 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel, NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff File No. 14871-12-06306 / 14871-0886 Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006- R2 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 Plaintiff, v. Marlin J. Bitner and Angie J. Bitner 340 Kerrsville Road Carlisle, PA 17013 tl i; -,~,,..~~~~~L~l'~~ CJU~y ~.~, ., E ~. ~'~'~S'~Y~ t,l~P~1~ COURT OF COMMON PLEAS CUMBERLAND COUNTY N0.2012-3697-CIVIL CIVIL ACTION MORTGAGE FORECLOSURE Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Marlin J. Bitner 340 Kerrsville Road Carlisle, PA 17013 The real estate located at 340 Kerrsville Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on March 6.2013 at 10:00 a.m., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. (The specific room location will be posted at every entrance to the courthouse; or Deputies posted at each entrance may direct you to the room.), to enforce the court judgment of $168,133.99, plus fees, costs and other charges obtained by Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006-R2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. This sale will be canceled if you pay the judgment to Chandra M. Arkema, Esquire, 9000 Midlantic Drive, Suite 300, P.O. Box 5054, Mount Laurel, NJ 08054-1539. To find out how much you must pay, you may call (856) 810-5815. 2. You may be able to stop the sale by filing a petition asking the court to strike or open the judgment, if the judgment was improperly entered. You may also ask the court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriffs Office at 717-240-6390 or Chandra M. Arkema, Esquire at (856) 810-5815. 2. You may be able to petition the court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriffs Office at 717-240-6390 or Chandra M. Arkema, Esquire at (856) 810-5815. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on the 30th day after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days of the preparation of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (800) 822-5288 / (717) 243-9400 PARKER McCAY P.A. By: Chandra M. Arkema, Esquire Attorney ID# 203437 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel, NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff File No. 14871-12-Ob306 / 14871-0886 Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006- R2 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 r _{ a r ~:~} I,~i,~~i`~ ~ . ~~~~ { . . d'~~~'~~'cY' ~s~t N~~~ '~~~ COURT OF COMMON PLEAS CUMBERLAND COUNTY N0.2012-3697-CIVIL Plaintiff, v. CIVIL ACTION Marlin J. Bitner and Angie J. Bitner 340 Kerrsville Road Carlisle, PA 17013 Defendants. MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Angie J. Bitner 340 Kerrsville Road Carlisle, PA 17013 The real estate located at 340 Kerrsville Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on March 6.2013 at 10:00 a.m., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. (The specific room location will be posted at every entrance to the courthouse; or Deputies posted at each entrance may direct you to the room.), to enforce the court judgment of $168,133.99, plus fees, costs and other charges obtained by Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006-R2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. This sale will be canceled if you pay the judgment to Chandra M. Arkema, Esquire, 9000 Midlantic Drive, Suite 300, P.O. Box 5054, Mount Laurel, NJ 08054-1539. To find out how much you must pay, you may call (856) 810-5815. 2. You may be able to stop the sale by filing a petition asking the court to strike or open the judgment, if the judgment was improperly entered. You may also ask the court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriffs Office at 717-240-6390 or Chandra M. Arkema, Esquire at (856) 810-5815. 2. You may be able to petition the court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff s Office at 717-240-6390 or Chandra M. Arkema, Esquire at (856) 810-5815. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on the 30th day after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days of the preparation of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (800) 822-5288 / (717) 243-9400 PARKER McCAY P.A. By: Chandra M. Arkema, Esquire Attorney ID# 203437 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel, NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff File No. 14871-12-06306 / 14871-0886 ~" I f ~..~ i.,. t . ~ ~~ ~'lQt'~'0~'~ , Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006- R2 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 COURT OF COMMON PLEAS CUMBERLAND COUNTY N0.2012-3697-CIVIL Plaintiff, v. Marlin J. Bitner and Angie J. Bitner 340 Kerrsville Road Carlisle, PA 17013 CIVIL ACTION MORTGAGE FORECLOSURE Defendants. ACT 91 CERTIFICATION I, Chandra M. Arkema, hereby certify that apre-foreclosure notice was provided to the above named Defendants by letter dated February 22, 2012. Per 41 Pa.B. 3943, an Act 91 Notice was not required nor applicable to any mortgage foreclosure action filed between August 27, 2011 and October 1, 2012. Dated: November ~, , 2012 PARKER McCAY P.A. By: Chandra M. Arkema, Esquire Attorney for Plaintiff PARKER McCAY P.A. By: Chandra M. Arkema, Esquire Attorney ID# 203437 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel, NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff File No. 14871-12-06306 / 14871-0886 ~ . ~~.ti ~~ ~~r~L,'ui~~~i C~(1~~~ ,r,. ~'~~~~~uY~ ~'~~~~I~ Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006- R2 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 Plaintiff, v. Marlin J. Bitner and Angie J. Bitner 340 Kerrsville Road Carlisle, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY N0.2012-3697-CIVIL CIVIL ACTION MORTGAGE FORECLOSURE Defendants. AFFIDAVIT OF LAST KNOWN ADDRESS BEFORE ME, the undersigned authority, personally appeared Chandra M. Arkema, who, being duly sworn according to law, deposes and says that to the best of her knowledge, information and belief that the last known address of the Defendants, Marlin J. Bitner and Angie J. Bitner, is 340 Kerrsville Road, Carlisle, PA 17015 han a M. Arke a, Esquire Attorney for Plaintiff Sworn to and subscribed to befo e me this ~ day of 2012 NOTA Y PUBLIC ~ tKIEt DOMMI6UQ A Notary Pubik d New letsA ~ pn~sioa FxP~ 24 i0U PARKER McCAY P.A. By: Chandra M. Arkema, Esquire Attorney ID# 203437 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel, NJ 08054-1539 (85b)810-5815 Attorneys for Plaintiff File No. 14871-12-06306 / 14871-0886 Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 200b- R2 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 ~~~s~~~,~°: ,~ COURT OF COMMON PLEAS CUMBERLAND COUNTY N0.2012-3697-CIVIL Plaintiff, v. Marlin J. Bitner and Angie J. Bitner 340 Kerrsville Road Carlisle, PA 17013 CIVIL ACTION MORTGAGE FORECLOSURE Defendants. AFFIDAVIT OF NON-MILITARY SERVICE BEFORE ME, the undersigned authority, personally appeared Chandra M. Arkema, Esquire, who, being duly sworn according to law, deposes and says that to the best of her knowledge, information and belief, the Defendants, Marlin J. Bitner and Angie J. Bitner, are not known to be in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Chandra M. Arkema, Esquire Attorney for Plaintiff Sworn to ands bsd to e re me this ~ day of ~~~ X° ~n loo ,~ 2012 NOQ OOIAINGUEL A Notary Public of New Jersey ~h- Cemmissi~ E~ires Novemiwr 20, 201'1 Results as of :Nov-02-2012 09:08:53 Department of Defense Manpower Data Center SCRA 2.3 ~~ X41 ~~TV"jNCR`1ri.C1Y1 GiYI~ ~CvC~ 1~1iC~, Last Name: BITNER First Name: MARLIN Middle Name: J Active Duty Status As Of: Nov-02-2012 on Acdra ouV on,~a„ ouq s+awa Diva Actlvs Duty lbiA D~a awv. poly rs~ t)h{s ' str<,. serv~a canvon«rt NA NA No NA This response reflects lftr.:lndYVMwls' aUMe dory status Ueaed on tM'ACave ' Status Oata La11 AotMrpuy~9Ylrlh 36> Days of Antlva DuAy 81adw Data ActHa Duly l3fart Data AtitW{l a'~!' 6r1 pats SgIM Sarvioa Colrgwrard NA NA ~ NA Thfa response reflects Wflara Qre individual leh active ditq+. ~llse`WpMn 387 tlays precetllnq the ActivaDury Stetua Date TM Msrgtiar or t~IFIK thNt was Ind tit a Futufa Cpll`t7V b Arks: pl&y on 1lotivaDuty $tsM Data Order Notlllwdlon art Ogee Osdat irpdBcrAtlon Erd pa@a. Status $arviq Component NA NA No NA This response refects whether thf M6117(hF~er urn nos re~rad rgtylclKbn to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Censer, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. e ~~ .r` Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http:/lwww.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1 ). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 8D619NODR0 Department of Defense Manpower Data Center #t1 SC1YlC~ e11t11 ~G~Cf 1~C1t Last Name: BITNER First Name: ANGIE Middle Name: J Active Duty Status As Of: Nov-02-2012 Results as of :Nov-02-2012 09:09:35 SCRA 2.3 -. on rkw. ~ or+ ! Da!'-QOM Crrn A,oltve Duty Start D.te ~ Aolly. ot,ry End Du. sun,a s.rvloecornporferft NA NA No NA This response refleofsltlairrdivldWls' acdve dory status based on tMACdve,7~ Status Date UMI lfbtlw Rrly N~IpMr 3I7 D~ p f Netln @tM~ drrt4q DW Adtva ~Y 8tart Dale A[~IW DVdFifG Dale BtaWa Service ~paHnt NA NA No NA Thin response reflects wMo fife individual leR aaive duly sfNtMvilf}rin 987 days precedMp the Acdvs Dury Status Date TM fuVa*bsr or FyYTlar Unit VNSS lldMad_d a f=iltlNli t311~tJp p Aslhw D~f dlf kfihrttJply' nlshis C4Ns Order NoWb+dlon EMrt DaL Order Norapaon End Dens StaBn Seniw ComDoneM NA fiA No NA This response reflects whether the ledfvi[iyl~ qr huJher unit has received rnotffl0ason to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Cent®r, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. s a Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is curzently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pislPC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a caH to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Nary Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certiftcate ID: KOFBC3KRAH WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-3697 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for AMERIQUEST MORTGAGE SECURITIES INC, yASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2006-R2, Plaintiff (s) From MARLIN J. BITNER and ANGIE J. BITNER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b} the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $168,133.99 L.L.: $.50 Interest from 9/18/12 (at the per diem rate of $17.15) Atty's Comm: % Due Prothy: $2.25 Atty Paid:.$201.25 Other Costs: Plaicitifl' Paid: Hate: 11/9!12. ^`` David D. Buell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: CHANDRA M. ARKEMA, ESQUIRE Address: PARKER McCAY, P.A. 9000 MIDLANTIC DRIVE, SUITE 300 PO BOX 5054 MOUNT LAUREL, NJ 08054-12539 Attorney for: PLAINTIFF Telephone: 856-810-5815 Supreme Court ID No. 203437 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Ff LEl)-0;7F Sheriff uf" Ili= PRO �iCPdv tj;;ti`f �9ttt�tr �C G�intatirr/�,D Jody S Smith Chief Deputy 2013 JUL I I AM IT L I Richard W Stewart Solicitor OFI'ICEOFTIRESRERIFF CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank National Trust Company Case Number vs. Marlin J. Bitner(et al.) 2012-3697 SHERIFF'S RETURN OF SERVICE 01/03/2013 02:47 PM -Deputy Ronald Hoover, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 340 Kerrsville Road, Carlisle, PA 17013, Cumberland County. 01/03/2013 02:47 PM- Deputy Ronald Hoover, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Angie J. Bitner(Spouse), who accepted as"Adult Person in Charge"for Marlin J. Bitner at 340 Kerrsville Road, West Pennsboro Township, Carlisle, PA 17013, Cumberland County. 01/03/2013 02:47 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Angie J. Bitner at 340 Kerrsville Road, West Pennsboro Township, Carlisle, PA 17013, Cumberland County. 03/04/2013 As directed by Chandra Arkema,Attorney for the Plaintiff, Sheriffs Sale Continued to 5/1/2013 04/29/2013 As directed by Chandra Arkema, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/10/2013 07/08/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned"stayed", per letter of instruction from Attorney. SHERIFF COST: $943.86 SO ANSWERS, July 08, 2013 RoNKY R ANDERSON, SHERIFF -)-9a-Fk3 (c)CountySuite Sheriff,Teleosoft,Inc. f f PARKER McCAY P.A. By: Chandra M. Arkema,Esquire Attorney ID# 203437 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel, NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff File No. 14871-12-06306/ 14871-0886 Deutsche Bank National Trust COURT OF COMMON PLEAS Company, as Trustee for Ameriquest CUMBERLAND COUNTY Mortgage Securities Inc.,Asset-Backed NO. 2012-3697-CIVIL Pass-Through Certificates, Series 2006- R2 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 Plaintiff, V. CIVIL ACTION Marlin J. Bitner and Angie J. Bitner MORTGAGE FORECLOSURE 340 Kerrsville Road Carlisle, PA 17013 Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006-R2, Plaintiff in the above action, comes by its attorney and sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 340 Kerrsville Road, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Marlin J. Bitner 340 Kerrsville Road, Carlisle, PA 17015 Angie J. Bitner 340 Kerrsville Road, Carlisle, PA 17015 2. Name and address of Defendants in the judgment: Name Address (if address cannot be reasonably ascertained,please so indicate) Marlin J. Bitner 340 Kerrsville Road, Carlisle, PA 17015 Angie J. Bitner 340 Kerrsville Road, Carlisle, PA 17015 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained,please so indicate) Deutsche Bank National Trust Company, as 4875 Belfort Road, Suite 130 Trustee for Ameriquest Mortgage Securities Jacksonville, FL 32256 Inc., Asset-Backed Pass-Through Certificates, Series 2006-R2 Commonwealth of Pennsylvania Lien Section Bureau of Compliance P.O. Box 280948, Harrisburg, PA 17128 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate Deutsche Bank National Trust Company, as 4875 Belfort Road, Suite 130 Trustee for Ameriquest Mortgage Securities Jacksonville, FL 32256 Inc., Asset-Backed Pass-Through Certificates, Series 2006-R2 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) ONLY THOSE LISTED ABOVE. 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) 4 Carlisle Area School District 623 West Penn Street, Carlisle, PA 17013 West Pennsboro Township Tax Collector Deborah W. Piper 2150 Newville Road, Carlisle, PA 17013 West Pennsboro Township Municipal 300 Bridge Street, 2 Id Floor Authority New Cumberland, PA 17070 Cumberland County Tax Assessment 1 Courthouse Square, Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square, Carlisle, PA 17013 Cumberland County Domestic Relations 13 North Hanover Street, P.O. Box 320 Carlisle, PA 17013 Commonwealth of Pennsylvania 333 Health and Welfare Building Department of Welfare Harrisburg, PA 17105 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Tenant/Occupant 340 Kerrsville Road, Carlisle, PA 17015 ONLY THOSE LISTED ABOVE. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. PARKER McCAY P.A. Dated: November , 2012 By: (am ahma='_ Chandra M. Arkema, Esquire Attorney for Plaintiff PARKER McCAY P.A. By: Chandra M.Arkema,Esquire Attorney ID# 203437 9000 Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel,NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff File No. 14871-12-06306/ 14871-0886 Deutsche Bank National Trust COURT OF COMMON PLEAS Company, as Trustee for Ameriquest CUMBERLAND COUNTY Mortgage Securities Inc., Asset-Backed NO. 2012-3697-CIVIL Pass-Through Certificates, Series 2006- R2 4875 Belfort Road, Suite 130 Jacksonville, FL 32256 Plaintiff, V. CIVIL ACTION Marlin J. Bitner and Angie J. Bitner MORTGAGE FORECLOSURE 340 Kerrsville Road Carlisle, PA 17013 Defendants. NOTICE OF THE SALE OF REAL PROPERTY Please be advised that the property and improvements described below will be sold by the Sheriff of Cumberland County on March 6, 2013 at 10:00 a.m., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. (The specific room location will be posted at every entrance to the courthouse; or Deputies posted at each entrance may direct you to the room.) The improvements consist of the following: OWNERS: Marlin J. Bitner and Angie J. Bitner PROPERTY: 340 Kerrsville Road Carlisle, PA 17013 IMPROVEMENTS: Single Family Residential TAX PARCEL NO.: 46-08-0585-071 The names of the owners, real owners, and reputed owners of the aforesaid property are Marlin J. Bitner and Angie J. Bitner. A schedule of the distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs office, by calling 717-240-6390, to determine the actual date and time of the filing of said schedule. PARKER McCAY P.A. Dated: November , 2012 By Chandra M. Arkema, Esquire Attorney for Plaintiff s. LEGAL DESCRIPTION All that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a plan prepared by Larry V.Neidlinger, P.E.R.S. dated and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 65, Page 130. Beginning at a nail in centerline of Kerrsville Road at comer of Lot No.7 as shown on plan of record; thence along Lot No. 7, South 71 degrees 11 minutes 19 seconds West 432.57 feet to an iron pin; thence along other lands of Steven J. Hamer,North 18 degrees 48 minutes 41 seconds West 176.42 feet to an iron pin; thence still along other lands of Hamer, North 73 degrees 05 minutes 12 seconds East 437.86 feet to a nail in centerline of Kerrsville road; thence along Kerrsville Road, South 16 degrees 52 minutes 41 seconds East 149.73 feet to a point; thence still along Kerrsville Road, South 18 degrees 48 minutes 41 seconds East 12.27 feet to a point, the place of beginning. Tax Id No: 46-08-0585-071 For information purposes only - Property also known as: 340 Kerrsville Road Carlisle, PA 17015-9438 Title to said premises is vested in Marlin J. Bitner and Angie J. Bitner, his wife, by deed from Steven J. Hamer and Patricia M. Hamer, his wife, dated 8/19/1993 and recorded 8/20/1993 in Book 360,Page 91. EXHIBIT "N.7 WRIT OF EXECUTION and/or ATTACHMENT •COMMONWEALTH OF PENNSYLVANIA) NO. 12-3697 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES,SERIES 2006-112,Plaintiff(s) From MARLIN J.BITNER and ANGIE J. BITNER (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that:(a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $168,133.99 L.L.: $.50 Interest from 9/18/12(at the per them rate of$17.15) Atty's Comm: % Due Prothy: $2.25 Atty Paid: $201.25 Other Costs: Plaintiff Paid: Date: 11/9/12 David D. Buell, Prothono a (Seat) Deputy REQUESTING PARTY: Name: CHANDRA M.ARKEMA,ESQUIRE Address:PARKER McCAY,P.A. TRUE Copy FROM RECORD 9000 MIDLANTIC DRIVE,SUITE 300 in Testimony whereof'.,619re unto set m y hand and the seal of said Court at Carlisle,Pa. PO BOX 5054 1\1�roth4notary d ay'p f 2Q 19-2, This MOUNT LAUREL,NJ 08054-12539 Attorney for:PLAINTIFF Telephone: 856-810-5815 Supreme Court ID No.203437 On November 15, 2012 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA, Known and numbered as, 340 Kerrsville Road, Carlisle, more fully described on Exhibit "A" filed with this. writ and by this reference incorporated herein. Date: November 15, 2012 By: Real Estate Coordinator 1 , S1 :Z d 1 t�ON IOl CUMBERLAND LAW JOURNAL Writ No. 2012-3697 Civil Deutsche Bank National Trust Company vs. Marlin J.Bitner, Angie J.Bitner Atty.: Chandra Arkema All that certain tract of land situate in.West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accor- dance with a plan prepared by Larry V. Neidlinger, P.E.R.S. dated and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 65,Page 130. Beginning at a nail in centerline of Kerrsville Road at corner of Lot NO.7 as shown on plan of record; thence along Lot No.7, South 71 degrees II minutes 19 seconds West 432.57 feet to an iron pin; thence along other lands of Steven J. Hamer, North 18 degrees 48 minutes 41 seconds West 176.42 feet to an iron pin;thence still along other lands of Hamer, North 73 degrees 05 minutes 12 seconds East 437.86 feet to a nail in center- line of Kerrsville road; thence along Kerrsville Road,South 16 degrees 52 minutes 41 seconds East 149.73 feet to a point;thence still along Kerrsville Road, South 18 degrees 48 minutes 41 seconds East 12.27 feet to a point, the place of beginning. Tax Id No:46-08-0585-071. For information purposes only— Property also known as: 340 Kerrs- ville Road,Carlisle,PA 17015-9438. Title to said premises is vested in Marlin J.Bitner and Angie J. Bit- ner,his wife,by deed from Steven J. Hamer and Patricia M. Hamer, his wife,dated 8/19/1993 and recorded 8/20/1993 in Book 360,Page 91. 22 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587,approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1, and February 8, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. isa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this day of FebnLary.2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriol-News Co. 2020 Technology Pkwy the a rlo Av ews Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO, SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers o'of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. This ad ran on the date(s)shown below: 2012-3697 Chill 01122113 ID utsche Bank National St _ Company - 01129/13 Vs f <_ Marlin J.Bitner < 02/05113 Angle J.Bitner Atty: Cheindra Arkerna All that certain tract of land situate in West Pennsboro Township,Cumberland County," Pennsylvania, bounded and described in accordance with a plan prepared by Larry Sworn to and bscribed before m 11 day of February, 2013 A.D. V Neidlinger,P.E.R.S.dated and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 65,Page 130. Not ublic Beginning at a nail in centerline of Kerrsvi[le Road at comer of Lot N0.7 as shown on plan of record; thence along Lot No.7, South 71 degrees 11 minutes 19 seconds West 432.57 feet to an iron pin; thence COMMO OF PENNSYLVANIA along other lands of Steven J.Hamer,North Notarial Seal 18 degrees 48 minutes 41 seconds West i Holly Lynn Warfel,Notary Public 176,42 feet to an iron pin*L)==t_-6u_along Washington TwP.,Dauphin county other lands of Hamer,North 73 degrees 05 i commission tres Dec,12,2016 minutes 12 seconds s East 437.86 feet to a 1 ME TM4 PENN 1A Of N nail in centerline of Kerrville road;thence along Kens-ville Road, South 16 degrees File No. 14871-12-06306/ 14871-0886 A f :.. PRO 1/4A TAt PARKER McCAY P.A. 47814 FE8 /9 AM({ By: Chandra M. Arkema,Esquire C(je .i Attorney ID# 203437 PE-tot-MD coo ' 9000 Midlantic Drive, Suite 300 1391/41/1" } P.O. Box 5054 Mount Laurel, NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff Deutsche Bank National Trust Company, COURT OF COMMON PLEAS as Trustee for Ameriquest Mortgage CUMBERLAND COUNTY Securities Inc., Asset-Backed Pass- NO. 2012-3697-CIVIL Through Certificates, Series 2006-R2 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 Plaintiff, v. CIVIL ACTION Marlin J. Bitner and Angie J. Bitner MORTGAGE FORECLOSURE 340 Kerrsville Road Carlisle, PA 17013 Defendants. PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Plaintiff, Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006-R2. PARKER McCAY P.A. Dated: November 1 2013 By: _1�O� ,�A �/ OAIdi.)AIAI Chandra M. Arkema, Esquire Attorney for Plaintiff X36316. • u 1' I HI ►'O TIi0;i0:‘ 20144 FEB 19 API PHELAN HALLINAN, LLP «' orney for Plaintiff John D. Krohn,Esq., Id. No.312244�� �EL1�, 1617 JFK Boulevard, Suite 1400 �'ENNS Yj VAN/Q One Penn Center Plaza Philadelphia,PA 19103 john.krohn@phelanhallinan.com 215-563-7000 DEUTSCHE BANK NATIONAL TRUST • COMPANY,AS TRUSTEE FOR AMERIQUEST . MORTGAGE SECURITIES INC., ASSET- BACKED PASS-THROUGH CERTIFICATES, • COURT OF COMMON PLEAS SERIES 2006-R2 • • CIVIL DIVISION Plaintiff • CUMBERLAND COUNTY vs. No. 2012-3697-CIVIL MARLIN J. BITNER ANGIE J. BITNER Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance as counsel on behalf of the Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-R2 in the above captioned matter. Phelan Hallinan, LLP Date: 2104 By: _ John D. ohn, Esq.,Id. No.312244 Attorney for Plaintiff Phelan Hallinan, LLP PH#936376 • 17;4 1`t?' if FEB 9 Ail IO: 29 PHELAN HALLINAN,LLP �l ,tn( C{dl7 COUNTY Attorney for Plaintiff John D. Krohn,Esq., Id. No.312244 �'E NN �, 1617 JFK Boulevard, Suite 1400 NI4 One Penn Center Plaza Philadelphia,PA 19103 john.krohn@phelanhallinan.com 215-563-7000 DEUTSCHE BANK NATIONAL TRUST • COMPANY,AS TRUSTEE FOR AMERIQUEST . MORTGAGE SECURITIES INC.,ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-R2 • COURT OF COMMON PLEAS • Plaintiff • CIVIL DIVISION vs. CUMBERLAND COUNTY MARLIN J. BITNER No. 2012-3697-CIVIL ANGIE J. BITNER Defendant CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Entry of Appearance was served by regular mail on Defendant(s)on the date listed below: MARLIN J. BITNER ANGIE J. BITNER 340 KERRSVILLE ROAD 340 KERRSVILLE ROAD CARLISLE,PA 17015-9438 CARLISLE,PA 17015-9438 Phelan Hallinan,LLP Date: 2 I/i/lY By: I J John D. Kro ,Esq., Id. No.312244 Attorney for Plaintiff Phelan Hallinan, LLP PH#936376 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset - backed Pass - through Certificates, Series 2006 - r2 Plaintiff v. Marlin J. Bitner Angie J. Bitner Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/25/2012 to Date of Sale ($27.64 per diem) TOTAL Note: Please attach description of property. PH # 936376 CS) ot .561.00 C45� q113.?b " 1a3, -2S Ili. so<< PP,640 V-1/17 P <<n : COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012- 3697 -CIVIL : CUMBERLAND COUNTY $168,133.99 $19,596.76 $187,730.75 C r= 77 C) Ph . f` allinan, LLP J• ichael Kolesnik, Esq., Id. No.308877 orney for Plaintiff to as t(c a „cbt, &# lyly3a� �2# &)(-1 Q01 U,\;,E of "�_Sst ed LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a plan prepared by Larry V. Neidlinger, P.E. R.S. dated and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 65, Page 130. BEGINNING at a nail in centerline of Kerrsville Road at corner of Lot No. 7 as shown on plan of record; thence along Lot No. 7, South 71 degrees 11 minutes 19 seconds West 432.57 feet to an iron pin; thence along other lands of Steven J. Harper, North 18 degrees 48 minutes 41 seconds West 176.42 feet to an iron pin; thence still along other lands of Harner, North 73 degrees 05 minutes 12 seconds East 437.86 feet to a nail in centerline of Kerrsville Road; thence along Kerrsville Road. South 16 degrees 52 minutes 41 seconds East 149.73 feet to a point; thence still along Kerrsville Road, South 18 degrees 48 minutes 41 seconds East 12.27 feet to a point, the Place of BEGINNING. CONTAINING 1.689 acres and designated as Lot No. 8 on plan of Steven J. Harner. TITLE TO SAID PREMISES VESTED IN Marlin J. Bitner and Angie J. Bitner from Steven J. Harner and Patricia M. Harner, by Deed, dated 08/19/1993 and recorded 08/20/1993 in Book M36 Page 91. PREMISES BEING: 340 Kerrsville Road, Carlisle, PA 17015 -9438 PARCEL NO. 46-08-0585-071 PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik @phelanhallinan.com 215 -563 -7000 .308877 7..01 `1 APR 2 ., 10: ,. t °Tir,.,!NSYLVAM A Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee for Ameriquest : COURT OF COMMON PLEAS Mortgage Securities Inc., Asset - backed Pass - through Certificates, Series 2006 -r2 : CIVIL DIVISION Plaintiff : NO.: 2012-3697-CIVIL v. Marlin J. Bitner Angie J. Bitner Defendant(s) CERTIFICATION . Cumberland County The undersigned attorney hereby states that he /she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11- 1.197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: _�� Phela `r man, LLP John ichael Kolesnik, Esq., Id. No.308877 torney for Plaintiff Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-backed Pass- through Certificates, Series 2006-r2 Plaintiff V. Marlin J. Bitner Angie J. Bitner Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012-3697-CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-backed Pass-through Certificates, Series 2006-r2, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 340 Kerrsville Road, Carlisle, PA 17015-9438. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Marlin J. Bitner Angie J. Bitner 340 Kerrsville Road, Carlisle, PA 17015-9438 340 Kerrsville Road, Carlisle, PA 17015-9438 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Marlin J. Bitner 340 Kerrsville Road Carlisle, PA 17015-9438 Angie J. Bitner 340 Kerrsville Road Carlisle, PA 17015-9438 -7-• 7 i • 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Commonwealth of PA Dept. of Revenue Bureau of Compliance PA Department of Revenue Bureau of Compliance P.O. Box 280948 Harrisburg, PA 17128-0948 P.O. Box 280946 Harrisburg, PA 17128-0946 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 936376 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) b. None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 340 Kerrsville Road Carlisle, PA 17015 -9438 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108 -1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: /2_3// �'1 PH # 936376 By: Phel.inan, LLP Joh/ ichael Kolesnik, Esq., Id. No.308877 orney for Plaintiff ELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215 -563 -7000 Deutsche Bank National Trust Company, as Trustee for : COURT OF COMMON PLEAS Ameriquest Mortgage Securities Inc., Asset - backed Pass - through . Certificates, Series 2006 -r2 : CIVIL DIVISION Plaintiff : NO.: 2012-3697-CIVIL Marlin J. Bitner Angie J. Bitner vs. : Cumberland County Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Marlin J. Bitner Angie J. Bitner 340 Kerrsville Road Carlisle, PA 17015 -9438 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at 340 Kerrsville Road, Carlisle, PA 17015 -9438 is scheduled to be sold at the Sheriff's Sale on 09/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $168,133.99 obtained by Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset- backed Pass - through Certificates, Series 2006 -r2 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215 -563 -7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215 -563 -7000. 2. You i'nay be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215 -563 -7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 2012 - 3697 -CIVIL Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset - backed Pass - through Certificates, Series 2006 -r2 v. Marlin J. Bitner Angie J. Bitner owner(s) of property situate in WEST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 340 Kerrsville Road, Carlisle, PA 17015 -9438 Parcel No. 46 -08- 0585 -071 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $168,133.99 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a plan prepared by Larry V. Neidlinger, P.E. R.S. dated and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 65, Page 130. BEGINNING at a nail in centerline of Kerrsville Road at corner of Lot No. 7 as shown on plan of record; thence along Lot No. 7, South 71 degrees 11 minutes 19 seconds West 432.57 feet to an iron pin; thence along other lands of Steven J. Harrier, North 18 degrees 48 minutes 41 seconds West 176.42 feet to an iron pin; thence still along other lands of Harner, North 73 degrees 05 minutes 12 seconds East 437.86 feet to a nail in centerline of Kerrsville Road; thence along Kerrsville Road. South 16 degrees 52 minutes 41 seconds East 149.73 feet to a point; thence still along Kerrsville Road, South 18 degrees 48 minutes 41 seconds East 12.27 feet to a point, the Place of BEGINNING. CONTAINING 1.689 acres and designated as Lot No. 8 on plan of Steven J. Harner. TITLE TO SAID PREMISES VESTED IN Marlin J. Bitner and Angie J. Bitner from Steven J. Harner and Patricia M. Hamer, by Deed, dated 08/19/1993 and recorded 08/20/1993 in Book M36 Page 91. PREMISES BEING: 340 Kerrsville Road, Carlisle, PA 17015-9438 PARCEL NO. 46-08-0585-071 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240 -6195 www.ccpa.net DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET- BACKED PASS - THROUGH CERTIFICATES, SERIES 2006 -R2 Vs. NO 12 -3697 Civil Term CIVIL ACTION — LAW MARLIN J. BITNER ANGIE J. BITNER WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. -(2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $168,133.99 L.L.: Interest FROM 9/25/2012 TO DATE OF SALE ($27.64 PER DIEM) - $19,596.76 Atty's Comm: Due Prothy: $2.25 Atty Paid: $1,171.11 Other Costs: Plaintiff Paid: Date: 4/24/14 (Seal) David D. Buell, Prothonotary By REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 Deputy AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET- PH # 936376 BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-R2 DEFENDANT MARLIN J. BITNER ANGIE J. BITNER SERVE MARLIN J. BITNER AT: 340 KERRSVILLE ROAD CARLISLE, PA 17015-9438 SERVICE TEAM/ lxh COURT NO.: 2012 -3697 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: September 3, 2014 SERVED Served and made known to MARLIN J. BITNER, Defendant on the 046 day of A441 , 20 /4, at 6:To , o'clock . M., at 5¢0 Wjegsviu.s. P-at}stCARL(sof in the manner described below: c") Defendant personally served. ZAdult family member with whom Defendant(s) reside(s). CIJ Relationship is Dfruc j rEa. r'; _ Adult in charge of Defendant's residence who refused to give name or relationship. ult.-- Manager/Clerk of place of lodging in which Defendant(s) reside(s). -< > _ Agent or person in charge of Defendant's office or usual place of business. r—" an officer of said Defendant's company. Other: Description: Age US Height stb Weight 1-7 Race W Sex t- Other 1,7 I, Roil.t1dMoll , a competent adult, hereby verify that IPersonallY handed a true and correct co py of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: RUIlaid Moll TITLE: process Server NOT SERVED On the day of,20 , at o'clock . M., I, , a competent adult hereby state that Defendant NOT FOUND ecause: Vacant Does Not Exist Moved Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-R2 DEFENDANT MARLIN J. BITNER ANGIE J. BITNER SERVE ANGIE J. BITNER AT: 340 KERRSVILLE ROAD CARLISLE, PA 17015-9438 CUMBERLAND COUNTY PH # 936376 SERVICE TEAM/ lxh COURT NO.: 2012 -3697 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: September 3, 2014 SERVED Served and made known to ANGIE J. BITNER, Defendant on the day of AAA," , 20 14 , at in the manner described below: X0:5-0 , o'clock p. M., at 340 ICFRRsoct.E RD,CA Q us c4, PA _ Defendant personally served. 1/ Adult family member with whom Defendant(s) reside(s). Relationship is t t&G*TZA _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age 04 -LJ 5 Height 5 to Weight 17.S Race t'U Sex Other r c . ~9 C:7) c~ I, Ronald Moll , a competent adult, hereby verify that I personally handed a true and correct copy of -the .-y Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: Ronald Moll TITLE: Process Server NOT SERVED On the da of 20 , at o'clock . M., I, , a competent adult hereby state that Die enfant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 E.0 -OFF-1Cf, OF PRoTHONOT41( 28111 41j° - 4'1 Nittbfriey for Plaintiff ullt1BERL ANDCOY PENNSYLVANUNTIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006- R2 Plaintiff, V. MARLIN J. BITNER ANGIE J. BITNER Defendant(s) CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : No.: 2012-3697-C1VIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: 27(7174` Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 936376 Name and Phelan Hallinan, LLP Address 1617 JFK Boulevard, Suite 1400 U, xnuel UM rens l.encer mass Philadelphia, PA 19103 AZK/DDA . 09/03/2014 SALE of4, x•►+1 ;�, �-. ` "Wier.... 'F i , el , ' } -! y ;' ,& 7. Line Article Number Name of Addressee, Street, and Post Office Address Postage •••* TENANT/OCCUPANT 340 KERRSVILLE ROAD CARLISLE, PA 17015.9438 1 $0.47 2 ••• • COMMONWEALTH OF PA DEPT. OF REVENUE BUREAU OF COMPLIANCE P.O. BOX 280948 , HARRISBURG, PA 17128-0948 $0.47 3 •••• PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE P.O. P.O. BOX 280946 HARRISBURG, PA 17128-0946 • $0.47 wt 4 •••• DOMESTIC RELATIONS OF°' CUMBERLAND COUNTY d/ 13 NORTH HANOVER STREET CARLISLE, PA 17013 So. b j �, .✓ : r ,.;, ',' 5 •••' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. BOX 2675 HARRISBURG, PA 17105 $0.47 6 ••'• INTERNAL REVENUE SERVICE 1000 LIBERTY AVENUE ADVISORY ROOM 704 $0.47 PITTSBURGH, PA 15222 7 "•' US. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 SA PO BOX 11754 HARRISBURG, PA 17108-1754 _ $0.47 age $3.29 Total Nomba.el Pkeea Lined by Sender Total ?ha :rat Nem a¢ri.ed at Pott DIN< PoMmaare. P.(14... of Rcenby Empanel Syr fun hduvbn of valve is wolfed an all darmio ant he+.rliona mineral fue dr recessiltuellouof.o.neptkbk doname.n..dv Express Mail document anis molt Ile maxima. IMc.nn5r Prabk ,emauection 'humor i. swoon per on F�.as. Mall ,a,dmdl.e k Sino, inaorame.. See Dormer le Mail Memel plea wilco so a of 5300:000 pet ocaneooe, The ,nadma.n Indemnity payable TIT mo.inw., udcmnlaypayd k iA 533000foa retuned mail. sent .r4► optional R900 5913 and 5931 forlM,hati..m of • ora. 3877 Facsimile SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson jp ��'' Sheriff Jody S Smith Chief Deputy Richard W Stewart SolicitorOFFICE OF CEIER1FFEt'lgS"( 104 2)3‘14 r3C,1 30 MA 9141 AND COUZ Deutsche Bank National Trust Company vs. Case Number Marlin J. Bitner (et al.) 2012-3697 SHERIFF'S RETURN OF SERVICE 04/29/2014 Entry of Appearance Of Phelan, Hallinan, As Atty for Pltff filed in Prothy Office 2/19/14. 06/20/2014 02:35 PM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 340 Kerrsville Road, Carlisle, PA 17013, Cumberland County. 07/18/2014 07:45 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Marlin J. Bitner at 340 Kerrsville Road, West Pennsboro Township, Carlisle, PA 17013, Cumberland County. 08/04/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Angie J. Bitner , but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 340 Kerrsville Road, Carlisle, PA 17013, defendant moved, did not leave a forwarding address with the post office, believed to be in West Virginia per neighbor. cab. 09/03/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on Wednesday, September, 3, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $880.22 SO ANSWERS, October 07, 2014 RONI\TS' R ANDERSON, SHERIFF pd a- s'„d 9g-3Os klir 30g-22 c) CountySth SC.3rif'. 't'eleosoft Inc. On April 28, 2014 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Known and numbered as, 340 Kerrsville Road, Carlisle, as Exhibit "A" l'` ©� filed with this Writ and by this Reference incorporated herein. Date: April 28, 2014 By: Real Estate Coordinator LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14 Writ No. 2012-3697 Civil DEUTSCHE BANK NATIONAL TRUST COMPANY vs. MARLIN J. BITNER Angie J. Bitner Atty.: Joseph Schalk By virtue of a Writ of Execution No. 2012 -3697 -CIVIL. Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-backed Pass- through Certificates, Series 2006-r2 v. Marlin J. Bitner, Angie J. Bitner owner(s) of property situate in WEST PENNSBORO TOWNSHIP, CUMBER- LAND County, Pennsylvania, being 340 Kerrsville Road, Carlisle, PA 17015-9438, Parcel No. 46-08-0585-071. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $168,133.99. 24 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law. Journal on the. following dates, viz: July 11, July 18 and July 25, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this da of Jul 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 'The Patriot -News Co. t900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 patriogews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Amy Kotula, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2012-3697 Civil Term DEUTSCHE BANK NATIONAL TRUST COMPANY vs. MARLIN J. BITNER Angie J. Bitner Any: Joseph Schalk By virtue of a Writ of Execution No. 2012 -3697 -CIVIL Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset- backed Pass-through Certificates, Series 2006-r2 v. Marlin J. Bitner Angie J. Bitner owner(s) of property situate in WEST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania: being 340 Kerrsville Road, Carlisle, PA 17015-9438 Parcel No. 46-08-0585-071 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $16$,133.99 Sworn to This ad ran on the date(s) shown below: 07/13/14 07/20/14 07/27114 ubscribed before me this 20 day of August, 2014 A.D. ary P11,0lic COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 MEMBER. PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Deutsche Bank N A Tr Co, Tr for Ameriquest Mtg Sec Inc is the grantee the same having been sold to said grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the 24th day of April, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 3697, at the suit of Deutsche Bank N A Tr Co Trustee for Ameriquest Mtg Sec Inc against Marlin J & Angie j Bitner is duly recorded as Instrument Number 201424914. IN TESTIMONY WHEREOF, I have hereunto set my hand Liu and seal of said office this , A.D. O /adzIkt 2144,11 S-•)/...- 41, . ecorder ,!Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018 day of Recorder of Deeds