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HomeMy WebLinkAbout13-2461 J S- upren -e Cp rt of Pennsyl an. i oul, 4 6 Plea: For Proti4orratdr}r Asa 01) IV: �! eet '• F` " �"�" != t D!oc�set~ie•: C IVIBERL f :, County y 5 0 `ry The information collected on this form is used solely for court administration purposes. This form does no/ suppl ement or replace fliefiling and service of pleadin -,s or other papers as required by law or rule of court. Commencement of Action: MComplaint ❑ Writ of Summon ❑ Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiffs Name: Lead Defendant's Name: C WELLS FARGO BANK, N.A., as Trustee DOMINIC J. OLIVERI and SONYA H. OLIVERI. T Are Money Damages requested ❑ Yes ■ No Dollar Amount Requested: ❑ within arbitration limits I (check one) ❑ outside arbitration limits O N Is this a Class Action Suit? ❑ Yes ■ No Is this an MDJ Appeal? ❑ Yes ■ No A Name of Plaintiff/Appellant's Attorney: The Law Offices of Barbara A. Fein, P.C. ❑ Check here if you are a Self - Represented (Pro -Se) Litigant Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not include ❑ Employment Dispute: mass tort) Discrimination E ❑ Slander /Libel/Defamation - ❑ Employment Dispute: Other Judicial Appeals ❑ Other: ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: ❑ Asbestos ❑ Tobacco MISCELLANEOUS ❑ Toxic Tort -DES N ❑ Toxic Tort - Implant ❑ Common Law /Statutory Arbitration ❑ Toxic Waste REAL PROPERTY ❑ Declaratory Judgment ❑ Other: ❑ Ejectment ❑ Mandamus • Eminent Domain /Condemnation ❑ Non - Domestic Relation B • Ground Rent Restraining Order ❑ Landlord/Tenant Dispute ❑ Quo Warrento PROFESSIONAL LIABILITY ■ Mortgage Foreclosure: Residential ❑ Replevin • Dental ❑ Mortgage Foreclosure: Commercial ❑ Other: • Legal ❑ Partition • Medical ❑ Quiet Tfttc` o Other Professional: - Other: Updated 11112011 THE LAW OFFICES OF BARBARA A. FEIN, P.C. File No. 13 -17319 Barbara A. Fein, Esquire / I.D. No. 53002 r Kristen D. Little, Esquire / I.D. No. 79992 721 Dresher Road, Suite 1050 Horsham, PA 19044 = 7,0 r i - Phone (215) 653 -7450 / Fax (215) 653 -7454 Email: generalinfo @lobaf.com Attorneys for Plaintiff G Cr? CD 7 COURT OF COMMON PLEAS WELLS FARGO BANK, N.A., as Trustee, CUMBERLAND COUNTY '{ on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004-DO I, Mortgage Pass- Through NO. l ( I Certificates, Series 2004 -DO1 , Plaintiff, V. DOMINIC J. OLIVERI and SONYA H. OLIVERI, Defendants. CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend against the Usted ha sido demandado /a en cone. Si usted desea defenderse de las claims set forth in the following pages, you must take action within demandas que se presentan mas adelante en ]as siguientes paginas, debe twenty (20) days after this complaint and notice are served, by tomaraccion dentro de los proximos veinte (20) dias despues de ]a entering a written appearance personally or by attorney and filing notification de esta Demanda y Aviso radicando personalmente o por in writing with the court your defenses or objections to the claims medio de un abogado una comparecencia escrita y radicando en la set forth against you. You are warned that if you fail to do so the Corte por escrito sus defensas de, y objecciones a, ]as demandas case may proceed without you and a judgment may be entered presentadas aqui en contra suya. Se le advierte de que si usted falla de against you by the court without further notice for any money tomar action como se describe anteriormente, el caso puede proceder claimed in the complaint or for any other claim or relief requested sin usted y un fallo por cualquier suma de dinero reclamada en la by the plaintiff. You may lose money or property or other rights demanda o cualquier otra reclamation o remedio solicitado por el important to you. demandante puede ser dictado en contra suya por ]a Corte sin mas aviso adicional. Usted puede perder dinem o propiedad u otros derechos YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT importantes para usted. ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, HIRING A LAWYER. LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMATION A CERCA DE COMO IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS CONSEGUIR UN ABOGADO. OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA FEE OR NO FEE. PROVEER INFORMA- CION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO Lawyer Referral Service A PERSONAS QUE CUALIFICAN. (717) 249 -3166 Lawyer Referral Service Cumberland County Bar Association (717) 249 -3166 32 South Bedford Street, Carlisle, P A 17013 (800) 990 -9108 Cumberland County Bar Association 32 South Bedford Street, Carlisle, P A 17013 (800) 990 -9108 aw - T) G 7 NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 -1692p (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN-. § 201, ET SEQ. ( "THE ACTS ") To the extent the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are Creditors to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law firm, unless the Debtors/Mortgagors, within thirty days after receipt of this notice, dispute the validity of the debt or some portion thereof 4. If the Debtors/Mortgagors notify the Creditor's law firm within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm, 5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor/Mortgagor makes a request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. 6. The requests should.be directed to: THE LAW OFFICES OF BARBARA A. FEIN, P.C. 721 Dresher Road, Suite 1050 Horsham, PA 19044 ATTN: Barbara A. Fein, Esquire * THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE Parties 1. Wells Fargo Bank, N.A., as Trustee, on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004 -DOI, Mortgage Pass- Through Certificates, Series 2004 -1301, is the named Plaintiff in the instant Civil Action in Mortgage Foreclosure and has standing to file and prosecute same as elucidated in detail herein below. Its mailing address for w purposes of the instant suit is c/o Select Portfolio Servicing, Inc., at 3815 South West Temple, Salt Lake City, UT 84115. 2. (a) The Defendant, Dominic J. Oliveri, is a named Defendant hereto by virtue of his standing as elucidated in detail herein below. After reasonable investigation, Plaintiff alleges that his last known address is 235 Bobcat Road, Carlisle, PA 17013. (b) The Defendant, Sonya H. Oliveri, is a named Defendant hereto by virtue of her standing as elucidated in detail herein below. After reasonable investigation, Plaintiff alleges that her last known address is 235 Bobcat Road, Carlisle, PA 17013. Standing 3. The Real Property upon which this Civil Action in Mortgage Foreclosure is predicated is situated at 235 Bobcat Road, Lower Frankford Township, Cumberland County, Pennsylvania and is also known as Parcel Identification Number 14 -04- 0383 -062 (hereinafter referred to as the "Mortgaged Property"). The legal metes and bounds description of same is contained within the recorded mortgage instrument herein below referenced. t a 4. By Deed dated January 26, 2004, and recorded on February 23, 2004, in the Office of the Cumberland County Record of Deeds in Record Book 261, at Page 3853, title to the. Mortgaged Property vested in Sonya H. Oliveri and Dominic J. Oliver'. A true and correct copy of said Deed is appended hereto and incorporated herein by reference as Exhibit "A ". 5. (a) On or about January 26, 2004, Dominic J. Oliveri and Sonya H. Oliveri, borrowed the sum of Eighty -Five Thousand, Six Hundred and 00 /100 ($85,600.00) Dollars from originating Lender, Decision One Mortgage Company, LLP. A true and correct copy of the Note evidencing the loan is appended hereto and incorporated herein by reference as Exhibit `B ". (b) That loan is secured by virtue of a residential Mortgage executed by Sonya H. Oliveri and Dominic J. Oliveri on January 26, 2004. Said Mortgage was recorded in the Office of the Cumberland County Recorder of Deeds on February 23, 2004, in Mortgage Book 1854, at Page 2943. A true and correct copy of said Mortgage is appended hereto and incorporated herein by reference as Exhibit "C ". (c) Appended to the recorded Mortgage and incorporated herein by reference is the legal abstract (metes and bounds description) of the Mortgaged Property, as required under Pa. R.C.P. Rule 1147(a)(2). (d) Without permission or authorization of the Mortgagee, and in violation of Paragraph 18 of the Mortgage Instrument, title to the Mortgaged Property was conveyed by Deed dated March 27, 2007 from Sonya H. Oliveri and Dominic J. Oliver' to Sonya H. Oliveri. Said Deed was recorded in the Office of the Cumberland County Recorder of Deeds on March, 28, 2007, in Record Book 279, Page 1544. A true and correct copy of said Deed is appended hereto and incorporated herein by reference as Exhibit "D ". 7 6. Plaintiff submits that it has standing to institute and prosecute this Mortgage Foreclosure action by virtue of a Mortgage Assignment from Mortgage Electronic Registration Systems, Inc. as nominee for the original lender, Decision One Mortgage Company, LLP, to this Plaintiff, Wells Fargo Bank, N.A., as Trustee, on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004 -DO1, Mortgage Pass - Through Certificates, Series 2004-DO I. Said Instrument having been executed on November 15, 2007, and recorded with the Cumberland County Recorder of Deeds on December 14, 2007, as Instrument No. 200746263. A true and correct copy of said Assignment of Mortgage is appended hereto and incorporated herein by reference as Exhibit "E" . 7. (a) The Plaintiff Mortgagee herein above named, having standing to institute and prosecute this Mortgage Foreclosure action retained as its Loan Servicing Agent Select Portfolio Servicing, Inc., a corporation having been organized under the laws of the State of Utah and having its principal place of business at 3815 South West Temple, Salt Lake City, UT 84115. (b) As the loan servicing agent for this Plaintiff, Select Portfolio Servicing, Inc. maintains the business records for this Plaintiff in the ordinary course and scope of its business. (c) By Virtue of a Limited Power of Attorney recorded in the office of the Cumberland County Recorder of Deeds on February 27, 2013, this Plaintiff empowered Select Portfolio Servicing, Inc., to act as its agent in this matter. A copy of the recorded Power of Attorney is appended hereto and incorporated herein by reference as Exhibit "F ". (d) Select Portfolio Servicing, Inc., is therefore, wholly empowered to execute the verification appended to this civil pleading. 8. In accordance with Pa. RCP Rule 1147(a)(3), and after reasonable investigation, Plaintiff avers that: (a) Defendant, Dominic J. Oliveri, is a named Defendant hereunder as a Mortgagor. (b) Defendant, Sonya H. Oliver', is a named Defendant hereunder as both a Real Owner and Mortgagor. Default 9. The mortgage is deemed to be in default because this Plaintiff failed to receive requisite monthly payments in the amount of $1,046.46, effective July 4, 2007. 10. The Mortgage obligation has been accelerated. 11. Plaintiff seeks entry of Judgment in Rem on the following sums: (a) Principal balance of mortgage due and owing $83,041.12 (b) Interest due and owing at the rate of 7.125% 41,302.92 calculated from the default date above stated through May 31, 2013. Interest will continue to accrue at the per diem rate of $14.93 through the date on which Judgment in Rem is entered in Plaintiffs favor. (c) Late Charges due and owing under the Note 85.64 in accordance with the Mortgage Instrument (d) Escrow Advances made by Plaintiff Mortgagee 8,662.49 on behalf of Defendant mortgage account (e) Recoverable Corporate Advances 3,194.56 (f) Pre - Judgment Court Costs as recoverable 300.00 under Exhibits `B" and "C" in accordance with Pennsylvania law (Estimated) (g) Costs associated with the attorney's foreclosure 395.00 activity necessitated by default, including but not limited to, preliminary title report, tax search, "skip trace" /whereabouts investigation, etc. (Estimated) (h) Attorneys' fees as recoverable under Exhibits 4,152.06 "B" and "C" in accordance with Pennsylvania law, Calculated at five percent (5 %) of the outstanding unpaid principal balance TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $141,133.79 12. (a) The attorneys' fees set forth as recoverable at Paragraph 11(h) are in conformity with Pennsylvania law and the terms of the mortgage, and will be collected in the event of a third -party purchaser at a Sheriffs Sale pally (b) If the mortgage arrears are to be reinstated or paid -off prior to the Sheriff s Sale, Plaintiff s actual attomeys' fees (calculated at counsel's hourly rate) will be charged based upon work actually performed. Y 14. (a) ACT 91 of 1983 [35 P.S. §1680.403c, as amended] requires that: Any mortgagee who desires to foreclose upon a mortgage shall send to such mortgagor at this or her last known address the notice provided... [p]rovided, however, that such mortgagor shall be at ]east sixty (60) days contractually delinquent in his mortgage payments or be in violation of any other provision of such mortgage. (b) That statute further provides at § 1680.403c(b)(6) that, "During the time that the application is pending, no mortgagee may commence legal action to foreclose upon its mortgage with the mortgagor." (c) As pled herein above, it is believed that the Defendants reside at the Mortgaged Property. Copies of said Notices, proofs of postmark (and evidence of receipt where applicable) are appended hereto and incorporated herein by reference as Exhibit "G" (d) Chapter 31, Subchapter B, §31.203(b) (1) & (11) governing the Pennsylvania Housing Finance Agency Policy states in relevant part that: (1) The homeowner shall arrange for and attend a face -to -face meeting with a consumer credit counseling agency... [and that said] meeting shall be held within 30 days of the postmark date of the notice, plus an additional 3 days to allow for mailing period.... (11) If the homeowner fails to meet with an approved consumer credit counseling agency [within 33 days of the postmark date of the notice].... or fails to meet other time limitations in this subchapter, the mortgagee may take legal action to enforce the mortgage.... (e) In the instant circumstance, as evidenced under Exhibit "G ", the ACT 91 Notices were postmarked on March 21, 2013. (f) Effective this suit institution, the Defendants have not met with a Consumer Credit Counseling Agency and any statutory prohibition against Plaintiff s enforcing its rights under legal proceedings has expired. t _ WHEREFORE, the Plaintiff, Wells Fargo Bank, N.A., as Trustee, on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004 -DO 1, Mortgage Pass - Through Certificates, Series 2004-DO I, respectfully requests: • Entry of Judgment in Rem against the Defendants above named in the total r amount of $141,133.79, as stated Paragraph 11, plus all additional interest and late charges accruing through date of judgment entry; and • Foreclosure and Sheriffs Sale of the subject mortgaged property. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: 6J_rLka 0-, — Barbara A. Fein, Esquire Attorney I.D. No. 53002 Attorney for Plaintiff 13. (a) The Commonwealth of Pennsylvania requires that Plaintiffs seeking to foreclose on mortgage obligations comply with ACT 6 of 1974 (41 P.S. . §101, et seq.) prior to instituting suit (hereinafter .referred to as "ACT 6 "), which statute extends to borrowers in default certain rights and protections. Before any residential mortgage lender may accelerate the maturity of any residential mortgage obligation, commence any legal action including mortgage foreclosure to recover under such obligation, the residential mortgage debtor must be sent at least thirty days advance notice by registered or certified mail to the debtor's last known address and, if different, at the residence which is the subject of the residential mortgage. 41 P. S. §403(a) and (b), et seq. (b) ACT 6 defines a "residential mortgage" which is afforded protection under it as ...an obligation to pay a sum of money in an original bona fide principal amount of the base figure or less, evidenced by a security document and secured by a lien upon real property located within this Commonwealth containing two or fewer residential units or on which two or fewer residential units are to be constructed and shall include such an obligation on a residential condominium unit. (c) ACT 6 defines "base figure" as Two Hundred Thirty -Four Thousand, Six Hundred Ninety -Two and 00 /100 (234,692.00) Dollars, as adjusted annually for inflation by the department through notice published in the Pennsylvania Bulletin. (d) Notice in accordance with ACT 6 was served on March 21, 203. A true and correct copy of that Notice is appended hereto and incorporated herein by reference as Exhibit "G ". (e) ACT 6 requires that the Mortgagee wait 30 days from the date on which said Notice is served before it institutes Mortgage Foreclosure proceedings. This Complaint is being filed beyond that time frame. EXHIBIT "A" 2004 DEED "RT P. ZIEGLEi "'J .Jc THIS DEED ;: , -i; 0 Eon Atio COUt1TY rEb 23 RM 11 07 Made the of �u in the year of our lord two thousand and four (2004) BETWEEN Sonya H. Oliveri, of Carlisle, Cumberland County, and State of Pennsylvania, GRANTOR(S) AND Sonya H. Oliveri and Dominic J. Oliveri, husband and wife of Carlisle, Cumberland County and State of Pennsylvania GRANTEE(S) WITNESSETH , that in consideration of ONE ($1.00) DOLLAR(S), in hand paid, the receipt whereof is hereby acknowledged; the Grantor(s) do hereby grant and convey to the said Grantee(s), their heirs and assigns, All that certain tract of land with the improvements thereon erected situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a spike in the center of Township Road #451 at the comer of property of John H. Wingert; thence along the latter, North 7 degrees 26 minutes West 250 feet to an iron pin; thence along the same property of Harold D. Lindsey, Jr., North 73 degrees 29 minutes West 544.57 feet to an iron pin; thence along property of Edgar D. Bartels, North 9 degrees 30 minutes East 573 feet to a stake; thence along the same, North 14 degrees 38 minutes East 133 feet to a stake; thence along property of Richard C. Parr, et ux, South 79 degrees 17 minutes 10 seconds East 327.21 feet to a stake; thence still along the same, South 7 degrees 26 minutes East 1,039.16 feet to a spike in the center of the aforesaid road; thence along the latter, South 79 degrees 45 minutes West 30 feet to a spike, the place of beginning. Containing 7.761 acres according to a survey of Thomas A_ Neff, R.S. dated December 3, 1970. BEING the same premises conveyed to the Grantor(s) by Deed from Sonya H. Wagner Oliveri, dated 11 -13 -92 and recorded in the office of the Recorder of Deeds of Cumberland, PA County on 11 -16 -92 to Deed Book Z35, Page 482. P.LN 12 -08 -03 �t:pX. •26t FlxF3853 THIS TRANSFER IS FROM WIFE TO HUSBAND AND WIFE, THEREFORE, IT IS EXEMPT FROM REALTY TRANSFER TAX. Subject to all the conditions, restrictions and reservations as are contained in the chain of title. And the said Grantors Will Warrant Specially the property hereby conveyed. IN WITNESS WHEREOF, the Grantor(s) have hereunto set their hands and seals the day and first year above written. Signed, Sealed and Delivered In the Presence of fitness Sonya H. 6liveri __. max 261 PACE3854 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF LL(2(P_k On this, the )(P" day of A.D. 2004 before me, a Notary Public, the undersigned officer, personally appeared Sonya H. Oliveri known to me (or satisfactorily proven) to the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official sea]. NOTARIAL SEAL CHRISTINE R. TUFTS, NOTARY PUBLIC CITY OF WILKES- BARRE, LUZERNE CO., PA MY COMMISSION EXPIRES MARCH 25 , 2006 I hereby Certify that the precise address of the Grantee(s) is 115' !e P✓Q s to be recorded "gold County PA ?° Recorder of Deeds oodx 261 85b EXHIBIT "B" NOTE i T Loan Number 2030040173330 ADJUSTABLE RATE NOTE (LIBOR Index -. Rate Caps) THIS NOTE. CONTAINS PROVISIONS ALLOWING FOR CHANGE S IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AIVIOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. JANUARY 26 , 2004 CARLISLE PENNSYLVANIA. mate) [City] [State] 235 BOBCAT ROAD CARLISLE PENNSYLVANIA 17013 {{ [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $85,600.00 (this amount is called "Principal "), plus i interest, to the order of the Lender. The Lender is Recision One Mortgage Company, LLC. I will make all payments under this Nate in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note HoIder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a I yearly rate of 6.84 %. The 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. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the 4TH day of each month beginning on MARCH 4, 2004. 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. -Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on FEBRUARY 4, 2034, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 6060 J.A. Jones Drive, Suite 2000, Charlotte, North Carolina 28287 or at a different place if required by the Note Holder. ! (B) Amount of My Initial Monthly Payments Each of my initial monthly-payments will be in the amount of U.S. $560.34. This amount may change. j (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 new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 4TH day of FEBRUARY, 2006 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 W42U Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index. " If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SIX AND 59 /100THS percentage points (6.59 %) 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 o]n Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.84% or less than 6.84 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1 %) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 12.84 %. (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. � i r,1ULT[STATE ADJUSTABLE RATE DOTE (LIBOR Index)— Single Family -- Freddie Mac UNLFORM INSTRUMENT Form 3590 1/01 (page 1 of 3 pages) 1It61fill�flf661161 tllll 111111111161111 Ilill IIIIt Illll flll6IIIII Itlll VIII Itlll fill 1111 ( 11 ) 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 to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of -the Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial } Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. f S. LOAN CHARGES i If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the f l interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 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 a'.O % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which j the notice is mailed to me or delivered by other means. (D) No Waiver by Note Holder Even if, at a time I am in default, the Note Holder does not require me to pay immediately 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 i If the Note Holder has required me to pay 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. i S. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be. given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. 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 under this Note. J.O. 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 date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: 0 MULTISTATE ADJUSTABLE RATE NOTE (LIBOR IndW Single Family -- Freddie Mac i7YIFOR,11 INSTRUMENT Form 3590 1101 (page 2 af3 pages) Transfer of the Property or a Beneficial Interest in Borrower. If all or any ,part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee. as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the ! I 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. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. i t eal) (S DO C J OL R I - Borrower } �> y � L� (Seal) SONYA Ol-+Iviml -Borrower (Seal) - Borrower I • (Sign Original 0111Y] A,aynu,y�W,.+1ww.stw `o i ` g o •ma.wno. 1 ;5 1 SEALt] MULTISTATE ADJUSTABLE RATE NOTE (LIBOR Index)— single Family— Freddie Mac UNIBORM INSTRUMENT Form 3M 1101 (page 3 of 3 pages) EXHIBIT "C" MORTGAGE T 6,36 J P. 7 1EGLER if DEEDS After Recording Return To: j j Ei 1 1 C Decision One Mortgage Company, LLC 6060 J.A. Jones Drive, Suite 1000 Charlotte, North Carolina 28287 [Space Above This Line For Recording Data) Loan Number 2030040173330 MIN: 100077910001518782 MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section le I - (A) "Security Instrument" means this document, which is dated JANUARY 26, 2004, together with all Riders to this document. (B) "Borrower" is SONYA H OLIVERI AND DOMINIC J OLIVERL Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501 -2026, tel. (888) 679 -MERS. (D) "Lender" is Decision One Mortgage Company, LLC. Lender is a LIMITED LIABH ITY COMPANY organized and existing under the laws of NORTH CAROLINA. Lender's address is 6060 J.A. JONES DRIVE, SUITE 1000, CHARLOTTE, NORTH CAROLINA 28287. (E) "Note" means the promissory note signed by Borrower and dated JANUARY 26, 2004. The Note states that Borrower owes Lender EIGHTY -FIVE THOUSAND SIX HUNDRED AND 00 /104ths Dollars (U.S.$85,600.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than FEBRUARY 4, 2034. (I) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. PENNSYLVANIA- Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3039 1 /01 (page I of 14 pages) 111111111111111111111111111IN11111111111111111111111111111111N111111IN 1111111111111 � �1 8K 1854PG2943 (H) "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): N Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider N Other(s) Floor Rate Rider ❑ 14 Family Rider ❑ Biweekly Payment Rider (1) "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. (J) "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. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a 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. (L) "Escrow Items" means those items that are described in Section 3. (M) "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. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any autounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "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 MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in the County of CUMBERLAND [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] SEE ATTACHED SCHEDULE "A" PENNSYLVANIA- Single Family- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 2 of 14 pages) . B - 854PG2'94.4 Tax Parcel Identification Number: 14- 04- 0383 -062 which currently has the address of 235 BOBCAT ROAD [Street] CARLISLE Pennsylvania 17013 ( "Property Address "): [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) 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 action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIF011M INSTRUMENT Form 3034 1101 (page 3 of 14 pages) 8K18514FG2.945 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 Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under 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. PENNSYLVANIA- Single Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 30391 (page f 4 of 14 pages) n t J . I - L!. BE t 854PG2946 The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, 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 sutras secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority 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. PENNSYLVANIA - Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fonn 3039 1/01 (page 5 of 14 pages) 8K ! 854PG2947 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, - at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and /or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. PENNSYLVANIA- Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 6 o/f 114 pages) r V BK 1854PG2948 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation . proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and /or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and /or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and /or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. 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. PENNSYLVANIA- Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 7 of 14 pages) lam" BK 1854PG2949 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to 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 reinsurer, 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. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. PENNSYLVANIA- Single Family- Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3039 1/01 (page 8 of 14 pages) BK 1854PG2950. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. PENNSYLVANIA- Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 303 (page 9 of 14 pages) BK 1854PG295 I 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signet's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security 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 Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one PENNSYLVANIA- Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 (page 10 of I4 pages) BK ! 85VG2952 t designated notice address under this Security Instrument at any one time. Any notice to Leader shall be given by delivering it or by mailing it by - first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/011 (page ll of l4 pages) BK 1-854PG2953 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile sol vents, 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 in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. PENNSYLVANIA- Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1 /01 (page 12 of 14 pages) Z 1 1 , 1 r BK 4 854PG2954 r . NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration or the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non - existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers.. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a 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. PENNSYLVANIA- Single Family - Fannie Mae /FYeddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 13 of l4 pages) 9K 1854PG2955 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: / (Seal) SONYA OLIVERI - Borrower 4" � m 4 a 9. /J (Seal) IJUMINIU J OL RI - Borrower (Seal) (Seal) Burrower - Borrower STATE OF PENNSYLVANIA ) COUNTY OF_CLLM4ERE rND On this, the day of �,3 6-11lt_ I ` before me, the undersigned officer, personally appeared SONYA H OLIVERI AND DO MIlVIC J OLIVERI ,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 therein contained. In witness whereof, I hereunto set my hand and official se (� / aye OTARIAL SEAL yt "`ret-� � CHRISTINE R. TUFTS, NOTARY PUBLIC Title of Officer CITY OF WILKES•BARRE, LUZERNE CO., PA My Commission Expires: My COMMISSION EXPIRES MARCH 25, 2006 /� Typed or printed name: CERTIFICATE OF RESIDENCE I, C I ns hl _W IrTu G{3 do hereby certify that the correct address of the within -named lender is 6060 J.A�. �J�O DRIVE, SUITE 1000, CHARLOTTE, NORTH CAROLINA 28287, witness my hand this +�— day of n �> / Agent of Lender. PENNSYLVANIA- Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1 /01 (page 14 of 14 pages) BK f 854PG2956 LAWYERS TITLE INSURANCE CORPORATION NATIONAL HEADQUARTERS - RICHMOND, VIRGINIA SCHEDULE A Commitment No. 551 All that certain tract of land with the improvements thereon erected situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a spike in the center of Township Road #451 at the corner of property of John H. Wingert; thence along the latter, North 7 degrees 26 minutes West 250 feet to an iron pin; thence along the same property of Harold D. Lindsey, Jr., North 73 degrees 29 minutes West 544.57 feet to an iron pin; thence along property of Edgar D. Bartels, North 9 degrees 30 minutes East 573 feet to a stake; thence along the same, North 14 degrees 38 minutes East 133 feet to a stake; thence along property of Richard C. Parr, et ux, South 79 degrees 17 minutes 10 seconds East 327.21 feet to a stake; thence still along the same, South 7 degrees 26 minutes East 1,039.16 feet to a spike in the center of the aforesaid road; thence along the latter, South 79 degrees 45 minutes West 30 feet to a spike, the place of beginning. BK E854PG29.57 Loan Number 2 030040173330 ADJUSTABLE RATE RIDER • (LIBOR Index - Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 26TH day of JANUARY, 2004, and is incorporated into and shall be deemed to amend and supplement "Security Instrument ") of the same date given by the Mortgage, Deed of Trust, or Decd to Secure Debt (the the undersigned (the "Borrower ") to secure the Borrower's Note to DECISION ONE MORTGAGE COMPANY, LLC (the "Lender ") of the same date and covering the property described in the Security Instrument and located at: 235 BOBCAT ROAD CARLISLE PENNSYLVANIA 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 6.84 %. 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 4TH day of FEBRUARY, 2006, 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 first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SIX AND 59 /100THS percentage points (6.59%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one - eighth of one percentage point (0.1250. 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. MULTISTATE ADJUSTABLE RATE RIDER (LIBOR Index)- .Single Family- 3leddle Mw UN"'LM `N` CMUMt;NT Fur 7192 1/01 (page I of 3 pages) BK 1854PG2958 (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.84% or less than 6.84 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE percentage point (1%) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 12.84 %. (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. (IF) 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 to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 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 an y legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if a 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. Lender also shall not exercise this option if. (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and 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. MULTISTATE ADJUSTABLE RATE RIDER (LIBOR [adu)— Single Family reddk m. UNTFOPM pYMUMEW roam 3141 II% !page 2 of J pages) BK t 854PG2959 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. J rn. �/ Q , J,12 (Seal) SONYA WOLIVERI - Borrower (Seal) DO INIC J O IVE I - Borrower (Seal) - Borrower MULTISTATE ADJUSTABLE RATE RIDER (LIBOR Iddex)--Single Family— FreddieMm UNIFORM INSMUMEN[' Fo 31921101 (page 3 of 3 pages) BKI854PG2960 Loan Number 2030040173330 FLOOR RATE RIDER TO SECURITY INSTRUMENT (For 6 -Month LIBOR, 2 -Year LIBOR, and 3 -Year LIBOR ARM Loan Program Disclosures) THIS FLOOR RATE RIDER is made this 26TH day of JANUARY, 2004, 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 Decision One Mortgage Company, LLC (the "Lender ") of the same date and covering the property described in the Security Instrument and Located at: 235 BOBCAT ROAD, CARLISLE, PENNSYLVANIA 17013 [Property Address] AMENDMENT TO SECURITY INSTRUMENT 1. Section 4. (D) under Additional Covenant A. of the Adjustable Rate Rider to the Security Instrument is amended to read and be as follows: (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.84% or less than 6.84%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1.00 %) from the rate of interest I have been paying for the preceding six months. My yearly interest rate will never be greater than a maximum rate of 12.84 %, or a minimum, or floor, rate of 6.84%- 2. In the event that the Note is ever sold, assigned or transferred to the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, this Floor Rate Rider and expressly its amended provisions with respect to establishing a minimum, or floor rate, shall thereupon terminate and shall be of no further force and effect. Any such termination of this Floor Rate Rider shall be effective as of the first Change Date to occur after the date of any such sale, assignment or transfer, and thereupon and thereafter the Note shall be in full force and effect in accordance with its original terms as set out in Section 4.(D) of the Note as if this Floor Rate Rider had never been incorporated into or amended the Adjustable Rate Rider to the Security Instrument. BY SIGNING BELOW, Borrower acknowledges and agrees to the terms contained in this Floor Rate Rider. (Seal) SO A IrOLIVERI - Borrower u+ (Seal) DO C J RI - Borrower (Seal) - Borrower to be recorded land County PA Recorder of Deeds BK 1854PG2961 EXHIBIT "D" 2007 DEED THIS DEED, MADE THE _ day of Mach in the yeas' two thousand seven (2007). BETWEEN SONYA H. tDLYVERI, and I)OMINIC J. OuvERI, her husband, Ong *rough his attorney in farce SONYA IL ®Lrv7FRl of Lower pnddord Township, Cumberland County, pennsylvania, hereinafter called Grantors, AND SONYA H. OLWERI, of Lower Frsnkford Township, Cumberland County, _ Pennsylvania, hereinafter called Grantee: ry r- H TMMSETH, that in consideration of the sum of one and not 100 ($1,00) Dollar, the O° � receipt whereof is hereby a+cl mowledged, the said Grantors do hereby grant and. convey unto the 3 v < said Grantees, her heirs and assigns; to c ALL that certain tract of land with the improvements thereon erected situate in Lower � Frankford Township, Cumberland County, pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the Township Road, Legislative Route T-451 at the corner of property of John H. WingeM thence along the latter, North 7 degrees 26 minutes West me feet to an iron gin; thence along same property of Harold D. Lindsey, Jr. North 73 a pro perty of Edgar D. Bartels degrees 29 minutes West 544.57 feet to an iron thence along the same, North 14 degrees 38 North 9 degrees 30 minutes Fast 573 feet to of Richard C. Pan, et ux, South 79 minutes East 133 feet to a stake; thence along property along the same, South 7 degrees 17 minutes 14 seconds East 327,21 feet enter' of the aforesaid d road; thence along degrees 26 minutes Fast 1039,16 feet to a spike . the latter, South 79 degrees 45 minutes West 30 feet to a spike, the place of BEGIIVMNG. CONTAINING 7.761 acres according to a survey of Thomas A. Neff, RS dated December 3,1970. i H. Oliven gmted and conveyed to Sonya H. ` TIEING the same premises which Sonya hem by Heed dated j 26, 20414 Uliveri and Dominic ]. Olived, her husband, $� CotYnty in Dead Book 261, and recorded in the offrce of the Recorder of Reeds in Cunzb� i Page 3853. Power of Attorney recorded in Cumberland County lViiscellaneous Book Page This conveyance is a non taxable transfer from wife and husband to wife. IVD the said Grantors hereby covenant and agree that they wilt warrants ciallY the . p hereby conveyed. - IN WT yE WH said Grantors have hereunto set their bands and seals the day, month and year first above written. Signer, Seakd and deflvered In the presence �O C J. OLIVIRI Attaraey in Fact �r S A IL OLIN I i i 90DK 279 FACES ,5 I 2' I I i i COMMONWEALTH OF jpF, SYYj[„VAN$A ;SS: COUNTY OF CumtBERLAND officer, perso uny On this, the 7 -� day of March, 2007, before me the � oins whose name is known to me (Or satisfatwr�y p to be the sign and for app SONYA, EL OLP; - � Attorney contained. for I C J. �3L subscri--bed to the within * tit she e� see for the pub thcrcin i herself indivicy and acknowle�BSed i IN WIM �EfAF, I hereunto set my hand and seal OF pF CQPYt yLVANiA O) ROW B. trAn, Nokwy Public --- -- 1de Bolo, 0jrbWW � lv � pdenaber. Pan�nta Association Of Notaries se residence and complete past office address of the I do hereby comfy that the precise is within named C,2ardtec L 3S /30 dt'P March � 2007 Amorrre0OF Gr"fce ATTORNEYS AT LAW 60 Test Pcmfmt SuW �. c4rusle, PA 17013 717 - 249-23$ I i { I I Certify this to be recorded i In Cumberland County PA i 3 BOOK 279 Pw:15,16 loC) _ POWER OF ATTORNEY �rL i (-) KNOW ALL MEN BY THESE PRESENTS, that I, DOMINIC J. OLIVERI, have made, constituted and appointed, and by these presents do make, constitute and appoint, SONYA H. OLIVERI, my true and lawful attorney for me and in my name and on my behalf generally, to do and perform all matters and things, transact all business, make, execute, acknowledge, endorse and deliver all contracts, orders, checks, deeds of conveyance, certificates of stock, bonds, leases, mortgages, car titles, releases of lien or satisfaction of bonds and mortgages and other writings, assurances and instruments which may be requisite or proper to effectuate any matter or thing appertaining or belonging to me; including making medical decisions affecting me, and within the power hereby granted to my attorney is the right of access to and deposit and withdrawal from, any safety deposit box to which I have said rights, and also the right of withdrawal from any accounts in my name, and all with the same powers, and to all intents and purposes with the same validity as I could, if personally present; hereby ratifying and confirming whatsoever my said attorney shall and may do, by virtue hereof. This power of attorney shall not be affected by disability of the principal. IN WITNESS WHEREOF, I have hereunto set my hand and seal this S day of November, 1992. L 3. - 'CS:Ll r r WITNESSED BY: a r- N O ' c 101 r . DOMI NIC J- .r& I IVERI cn r.c STATE OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the S day of November, 1992, before me, the undersigned officer, personally appeared, DOMINIC J. OLIVERI, own to me to be the person whose name is subscribed to the }�a't in instrument and acknowledged that he executed same the purposes therein contained. r ( s� s 8, Qiy� 00U* *Cwnn*dWEA*G80cL 19M "Dn Of 135PG2 -.._ EXHIBIT "E" ASSIGNMENT OF MORTGAGE Prepared By and Return To: ELIZABETH GRADEL GOLDBECK McCAFFERTY & McKEEVER Mellon Independence Center - Suite 5000 701 Market Street Philadelphia, PA 19106 -1532 215 -627 -1322 GMM File Number: 57746FC Parcel iD #: 14 -04 -0383 -062 ASSIGNMENT OF MORTGAGE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC (Assignor), for and inconsideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF SECURITIZED ASSET - BACKED RECEIVABLES LLC TRUST 2004 -D01, MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004 -DO1. WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUS'T'EE ON BEHALF OF THE CERTIFICATEHOLDERS OF SECURITIZED ASSET - BACKED RECEIVABLES LLC TRUST 2004 -D01, MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004 -DOI (Assignee), all of its right, title and interest, as holder of, in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage: Executed DOMINIC J. OLIVERI and SONYA H. OLIVERI a /k/a SONYA OLIVERI , Mortgagor(s); to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC. Bearing date of. January 26, 2004; Amount Secured: $85,600.00; Recorded on February 23, 2004; in Book 1854, Page 2943; in the Recorder of Deeds Office of Cumberland County, Commonwealth of Pennsylvania ( "Mortgage ") Property: 235 Bobcat Road, Carlisle,PA 17013 AS FURTHER DESCRIBED IN EXHIBIT "A ", ATTACHED AND INCORPORATED INTO THIS ASSIGNMENT. Together with the note or obligation described in the Mortgage endorsed to the Assignee,( "Note ") and all moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal representatives and assigns shall hold all rights under the Note and Mortgage forever, subject however, to the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever. Assignor, by its appropriate corporate officers, has executed and seated with its corporate seal this Assignment of Mortgage on this day of NOV 5 Z_� i9g;t MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY'AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC ti _ (SEAL) Name: Title: AMMDA7= o. Name: Title: KEAI SELMAN, ASSISTANT VICE PRESIDENT ss, TEMS STATE OF ) COUNTY OF COLLII� ) BE IT REMEMBERED, that on this i _ day of NOV 1 5 2907 ,2Mr, before me, the subscriber, a Notary Public personally appeared AMANDAFARItAR, VIGEPSEStDEW KEA ASSISTANT VICE PRESIDENT t2 Ps{�.4'on �YS�ew S �icc-� cic�rn� Seft l t 5 no*�n,r�ae. �e r d�e<<Sion .0 1 , officers of Assignor, whb I am satisfied are the persons who signed the within instrument and ey acknowledged that they signed, sealed with the corporate seal and deli red the same as such officers afor a' n t t e w' h' i st e i the voluntary act and of such corporation made by virtue of a es of its Board of Directors. WHY REPKA My Commission Expires November 4, 2010 Notary Public It �� ��� My commission expires: I hereby certify the address of the Assignee is: 5 7 C rp r t ve, PTX B -35, Plano,TX 75024 -3632 Case #: 57746FC 10/10/2007 20:31 TEL 7175997794 J ODNRAD Id037 IAWMS i �p$pQYtATYCJYI • �,�UA8T8R.4 - ��u AR Iffit axe tmd 4t 1� rvhh aha i>npmYb tbEDeoe� aflCfBd i>h+a� Snl t,+eer p, I O Cwn19. pmeimb6 bc p°d0d A4 dOMW as Mm at v � � tnr cxuaes o[Toae�P Rvra X41 xalao9ts� dpr��� JdmH. R7o�k thews � � � 7 do�s26s'1�'atZD {�tao�a $oon p§K tbpnos ataxg IIas same �PenY d D. fbadaay. 7G. Ntxda 73 9S m�autss W,A544.S7 ifaett� W bwPto: i *41f d p. VA9133 Bw 573 hK M i sUkC; R., - akm ed S Amr 3x 79 'O;V=17 10 fact to a alaket i a ' d soom7 deg�=24 ml- "E t sewmdsF�st327ZI �WmgdmbtW�Stash79 �p� 45�z>�Wpt 30 �et lt►x aPi1m tba phaa of bc- i i t 6K 1854?629,5.7 J ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE A CARLISLE, PA 17013 717 -240 -6370 Instrument Number - 200746263 Recorded On 12/14/2007 At 10:47:17 AM * Total Pages - 4 • Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number -10763 User ID - AF • Mortgagor - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. • Mortgagee - WELLS FARGO BK N A • Customer - GOLDBECK - * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $10.00 . JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS This page is now part COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 of this legal document. TOTAL PAID $27.00 I Certify this to be recorded in Cumberland County PA cvy RECORDER O D DS riso * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OOOCMQ 111 llllllllllllllllllllll� EXHIBIT "F" POWER OF ATTORNEY R Inst. # 201306572 - Page 1 of 5 Please Record and Return To: NOT APPLICABLE FOR PIN NUMBER CCGIS REGISTRY 02/27/2013 BY TS The Law Offices of Barbara A. Fein, P.C. 721 Dresher Road, Suite 1050 Horsham, PA 19044 (21.5) 653 -7450 POWER OF ATTORNEY FROM: Wells Fargo Bank, N.A., Trustee TO : Select Portfolios Servicing, Inc. I nst. # 201306572 - Page 2 o 5 FCertification #2013021920006 02/19/2013 Salt Lake County Recorder °. http:// www. si corecorder .org /SLCR/certcopy.aspx P, I RS S 3) LIMITED POWER OF ATTORNEY 73 kD 1. Wells Fargo Bank, National Association, not in its individual or banking capacity, but solely in its :? capacity as Trustee (the "Trustee ") of those certain trusts set forth on the attached Exhibit A (each, a ' , t,,) �, "Trust," and collectively, the "Trusts ") under the respective Pooling and Servicing Agreements and/or 'A co' - Indentures and any related governing transactional and servicing agreement(s) (collectively, the m 0 r J o "Agreements ") hereby constitutes and appoints: SELECT PORTFOLIO SERVICING, INC. —_+ C e successor in interest to Bank of America, National Association, successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP, solely in its capacity as the Servicer , under the Agreements (the "Servicer "), as its true and lawful attorney -in -fact, acting by and through its authorized officers, with full authority and power to execute and deliver on behalf of the Trustee any and _ all of the following instruments to the extent consistent with the terms and conditions of the Agreements: � rMM (i) all documents with respect to residential mortgage loans serviced for the Trust by the Servicer 5 —+ which are customarily and reasonably necessary and appropriate for the satisfaction, cancellation, or '� f°, partial or full release of any mortgages, deeds of trust, or deeds to secure debt upon payment and Eg discharge of all sums secured thereby; �-+��, (ii) all documents and instruments necessary to conduct any (a) foreclosure, or (b) the taking of o any deed in lieu of foreclosure, or (c) any judicial or non judicial foreclosure or termination, cancellation, or rescission of any such foreclosure, or (d) any similar procedure (collectively, as applicable, a "Foreclosure" ); -a " ►u all documents and instruments necessary in the appearance and prosecution of bankruptcy ' proceedings; (iy) instruments appointing one. or more substitute trustees or special purpose entities ( "SPEs ") to act in place of the corresponding entity named m any deed of trust; (v) affidavits of debt, notice of.default, declaration of default, notices of foreclosure, and contracts, agreements,, deeds, . and instruments as are appropriate to (a) maintain any real property l acquired through Foreclosure, or (b) effect any sale, transfer, or disposition of real property acquired through Foreclosure; (vi) all documents and instruments necessary to effect any assignment of mortgage or assignment of deed of trust; and (vii) all other comparable instruments. 2. This Limited Power of Attorney shall apply only to the foregoing enumerated transactions and shall be limited to the above - mentioned exercise of power. This instrument is to be construed and interpreted only as a limited power of attorney. The enumeration of specific items, rights, acts, or powers herein is not intended to, nor does it give rise to, and it should not be construed as, a general power of attorney. 3. Third parties without actual notice may rely upon the power granted to said attorney -in -fact under this Limited Power of Attorney and may assume that, upon the exercise of such power, all conditions t precedent to such exercise of power have been satisfied and this Limited Power of Attorney has not been revoked: This : Limited Power of Attorney. shall. supersede and replace any other limited power of attorney executed by the.Trustee in connection with the Agreements in favor of the Servicer and any such other limited power of attorney shall be deemed revoked by this writing: 4. This Limited Power of Attorney is effective as of the date below and shall remain in full. force.and effect until (a) revoked in writing by the Trustee, or (b) as to any specific Trust, the termination, Ent 11449217 BK 10045 PG 2055 i Inst. # 201306572 - Page 3 of 5 Certification #2013021920006 02119/2013 Salt Lake County Recorder http:llwww.sleorecorder.org/SLCR/certcopy.aspx resignation or removal of the Trustee as trustee of such Trust, or (c) as to any specific Trust, the termination, resignation or removal of the Servicer as a servicer of such Trust, or (d) as to any specific Trust, the termination of the Agreement related to such Trust, whichever occurs earlier. 5. Nothing contained in this Limited Power of Attorney shall (i) limit in any manner any indemnification obligation provided by the Servicer to the Trustee or Trust under the Agreements or any document related thereto, or (ii) be construed to grant the Servicer the power to initiate or defend any suit, litigation, or proceeding in the name of the Trustee or Trust except as specifically provided for herein or under the Agreements. Dated: July 26, 2012 Wells Fargo Bank, National Association; . not in its individual or banking capacity, butt N solely as Trustee on behalf of the Trust(s) 1 ti Att t: I By: Barry ermetz ,j r ► ;� t t �f -� .�.`` Its: Vice President By: Cy is C. Day Its: Assistant Secretary Unofficial Witnesses: Daniel Williamson Sophy Liv STATE OF MARYLAND COUNTY OF HOWARD ss: On the 26` day of July 2012 before me, Kathleen A. Dean, a Notary in and for said State, personally appeared Barry Silvermetz, known to me to be Vice President of Wells Fargo Bank, National Association, and also known to me to be the person who executed this Limited Power of Attorney on behalf of Wells Fargo Bank, N.A., as Trustee, and acknowledged to me that Wells Fargo Bank, N.A., as Trustee, executed this Limited Power of Attorney. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my office sea! the day and year written above, Notary Public: Kathleen A. Dean My commission expires 2 -6 -2013 KATHLEEN A. DEAN NOTARY PUBLIC HOWAFO COUNTY MARYLAND MY COMMISSION EXPIRES 0210612013 BK 10045 PG 2056 Inst. # 20130 - Pa ge 4 of 5 Certification #2013021920006 02/19/2013 Sait Lake County Recorder • - http:!l www. stcorecorder .org /SLCR/certcopy.aspx Exhibit A i 1. Securitized Asset Backed Receivables LLC Trust 2004 -DO1 Mortgage Pass - Through Certificates, Series 2004 -DO1 2. Securitized Asset Backed Receivables LLC Trust 2004 -DO2 Mortgage Pass - Through Certificates, Series 2004 -DO2 3. Securitized Asset Backed Receivables LLC Trust 2005 -FR3 Mortgage Pass - Through Certificates, Series 2005 -FR3 4. Securitized Asset Backed Receivables LLC Trust 2005 -HEl Mortgage Pass - Through Certificates, Series 2005 -HE1 i I I BK fOOO 00 Inst. # 201306572 - Page 5 of 5 ROBERT P. ZIEGLER RECORDER OF DEEDS' CUMBERLAND COUNTY 1 COURTHOUSE SQUARE = J CARLISLE, PA 17013 717- 240 -6370 Instrument Number - 201306572 Recorded On 2/27/2013 At 2:32:27 PM ".Total Pages - 5 • Instrument Type - POWER OF ATTORNEY Invoice .Number - 130425 User ID - BMM • Grantor - WELLS F ARGO BK N A • Grantee - SELECT PORTFOLIO SERVICING INC • Customer - SIMPLIFILE LC &RECORDING • FEES STATE WRIT TAX $0.50 Certification Page RECORDING FEES - $11.50 RECORDER OF DEEDS DO NOT DETACH COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $17.00 This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ya p curs@ ,o . ; RECORDER OF DEEDS �nso x - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. a EXHIBIT "G" ACT NOTICES THE LAW OFFICES OF BARBARA A. FEIN, P.C. 721 Dresher Road, Suite 1050 Horsham, PA 19044 NEW JERSEY OFFICE Barbara A. Fein, Esquire Phone: (215) 653-7450 Kristen D. Little, Esquire Fax: (215) 653-7454 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054-4318 Members of Pennsylvania Direct E-mail. BarbaraF@Iobaf.com Phone: (856) 596-5552 and New Jersey Bars Direct Phone-Ext. 102 Fax. (856) 596-5589 March 21, 2013 File No. 13-11319 ACT 91/6 NOTICE (COMBINED) TAKE ACTION TO SAVE YOUR HOME FROM FORE CI-O"' SURE Dominic J. Oliveri Sonya H. Oliveri 235 Bobcat Road 235 Bobcat Road Carlisle, PA 17013 Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANA'' INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONTLY.ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages; The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HE✓AP) may be able to help to saveyourhome. 77iis Notice explains how the program works. To see i :HEMAP,can help, you must MEET 97TH -.A CONSUMER CREDIT COUNSELING f ou AGENCY WITHIM33 DAYS OF THE DATE Or- THIS NOTICE, Take this notice with you when you meet -with. the Counseling Agency. The name, address and phone number of.the Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice—Ifyou have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869)- ACT 9.1 / 6 Notices Dominic 1.Oliveri and Sonya. H. Oliveri Page 2 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney"in your area. The local bar association may be able to help you find a lawyer. LA NOTII"ICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A'CONTINUAR VIV IENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER, ELIGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDI.DA DEL DER-ECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Sonya H. Oliver PROPERTY ADDRESS: 235 Bobcat Road,,Carlisle 'Within Cumberland County, PA 17013 LOAN NO.. ORIGINAL LENDER: Decision One Mortgage Company, LLP CURRENT LENDER/SER\VICER: Wells Fargo Bank, N.A., as Trustee, on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Truat 2004 -DO1, Mortgage Pass- Through Certificates, Series 2004 -DO1 / Select Portfolio Servicing, Inc. ROMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM. YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUIt HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU. COMPLY WITH THE PROVISIONS OF THE HOMEO'WNER'S EMERGENCY -MORTGAGE ASSISTANCE ACT OF 1,983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOURDEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IFYOU MEET OTHERELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA, MOUSING FINANCE AGENCY: ACT 91 ( b Notices Dominic J. Oliveri and Sonya. H. Oliveri P "age 3 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days . for mailing), During that time you must arrange and attend. a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end , of this Notice. THIS MEETING MUST OCCUR IN THE NEXT THIRTY (33) DAYS, IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUSTBRING YOUR MORTGAGE UP TO DATE THEPART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINSHOW TO ,BRING YOUR MORTGAGE UP TO DATE: CONSUMER CREDIT COUNSELINGAGE.NCIES - Ifyou meet with one of the cons mer credit counseling agencies listed of the end ,of this. notice, the lender may NOT take against you for thirty (30) days after the date of this meeting. The naives, addresses - and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end 'of this Notice. It is only necessary to schedule one face -to face meeting. Advise your lender immediately of your intentions.. A PPLICA TION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for speck information about the ,nature of your default) Ifyou have tried and are unable to resolve this problem with the lender, you have the right to apply for f nancial assistance from the Homeowner's Emergency Mortgage. Assistance Program. To do so, you must fill out, sign and f le a completed Homeowner's Emergency Assistance Program Application with one ofthe designated cohsuiner credit counseling agencies listed at the end ofthis Notice. Only consumer credit counseling'agencies have applications for the program and they will assistyou in submitting a complete application to.the Pennsylvania Housing Finance Agenc)4 Your application MUST be filed or postmarked within thirty (30) days of your face -to facemeeting. YOUSHOULD FILE DENAPAPPLICATIONAS SOONAS POSSIBLE IF YOUHAVEA MEETING WITHA COUNSELliVGAGENCY i%YXTHIN33 DAYS OF THE POSTMARK DATE OF THIS NOTICEAND FILEANAPPLICATION WITHPHFA WITHIN 30DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN .THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE' YOU IIAVE THE RIGHT TO ,FILE A ,H'EMAP APPLICATION BEYOND THESE TIME PERIODS. A LA TEAPPLICA TION WILL N`OT PREVENT THE LENDER FROMS TAR TING A FORECLOSUREACTIO.N, BUTIF YOUR APPLICATIONISEVENTUALLYAPP .ROFED ATA.NYTIMEBEFOREA SHERIFFSSALEISSCHEDULED, THE FORECLOSURE WILL BE STOPPED: AGENCY ACTION - Available funds ,for emergency mortgage. assistance are very limiied. They will be disbursed by the .Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your -application.. During that time, no foreclosure proceedings will be pursued against you if you have met the time .requirements set forth above. You will be notified directly by the Pennsylvania Housing_ Finance Agency of its decision on your application. ACT 91 16 Notices • Dominic J.. Oliveri and Sonya H. Oliverl Page 4 NOTE: IF YOU ARE CURRENTLYPROTECTED BY 7RE OF A PETITIOATINBANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE, IS FOR INFORMA TIONPURPOSES ONLYA" SHOULD NOT BE CONSIDERED AS ANA TTEMPT TO COLLECT THE DEBT. (Ifyou have ftled bankruptcj7you can still apply ,f Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAU -The MORTGAGE debt held by the. above lender on your property located at: 235 Bobcat Road, LowerFrankford Township, Cumberland County, Carlisle, PA 17013, IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Payments of $1,046.46 per month due from July 4, 2007, through the date. of this letter (a total of 69 months), and each month thereafter. $72,2 Accrued Late Charges due through the date of this letter and each month thereafter. $85.64 Attorney's Fees Permitted under the Statute $50.00 TOTAL DUE ..................................................... $72,341.38 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $72,341.38, 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: THE LAW OFFICES OF BARBARA A. FEIN, P.C. 721 Dresher Road, Suite 1050 Horsham, PA 19044. ACT 91 l 6 Notices Dominic J. Oliveiri and Sonya H. Olveri Page 5 IF YOUDO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) .DAYS, the lender also intends to instruct: its attorneys to -start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt- If the lender refers your case to its attorneys, but you cure the delinquency before the'lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, tip to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which mdy also include other reasonable costs. Ifyou cure the default within the THIRTY' DAY,period, you will not. be required to pay atto rney's fees. OTHER. LENDER REMEDIES _ The lender may also sue you personally for the unpaid principal balance and all other sums due under-the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFS SALE - If you have not cured 1h default within the THIRTY (30) DAYperiod 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 Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff �s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same positi6n as if you had never defaulted. EARLIEST POSSI BLE SII.ERIT'P S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage. property could be held would be approximately six (6) months from the date of this Notice. knotice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount .needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting, the lender. HOW TO CONTACT THE LENDER:., Attorney Representing Lender: THE LAW OFFICES OFBARB,A RA. ' A FEIN, P C .721 Dresher Road, Suite .105 ,Horsham, PA 19044 Phone: (-15) 653 -7450 I Fax: (215) 653 -7454 Contact Person: Jessica Molrittie, Paralegal, Ext. 12J E -Mail Address: JessicaM @lobtcf com ACT 91./ 6 Notices • Dominic J. Oliveri and Sonya H. Oliven Page 6 EFFECT OFSHERIFF IS SALE -You. should realize that a Sheniffs Sale will end your ownership of the mortgaged property and yourTight to occupy it. If you continue to live in the property after the Sheriffs . Sale, a lawsuit to remove you and your furnishings and other belongings could. be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may have the right to sell or transfer your home to a buyer or transferee who will assume the. mortgage debt, provided that all the outstanding payments, charge and attorney's f6es.and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied, YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT ORTO BORROW MONEY FROM ANOTHERLENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFA_ULT.cuRr_-D BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.), TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER. THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY: See attached fist el ort i cc: S &ct..p Hio Servicing Inc: hici I Loan Reference o N -SENT BY CERTIFICATE OF REGULAR MAILING AND BY CERTIFIED MAIL R.ECEIPT 7012 1640 00019689 6015 7012 1640 00019689 6008 REMAP Consumer Credit Counseling agencies CUMB County kepori.last updated: 43RO12015.02 t$ PM: - Advantage Credit CounselinO Service /CCCS of Western PA.. Community Action Commission of Capital Region 2000 Linstestown Road 1514 Derry, Street Harrisburg, PA 17102 Harrisburg, PA 17101 888-511 -2227 717- 232 -9757 Housing Alliance of York/Y Housings ResOlItces 11l cranatha 290 West `Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17.268' 7T7= 855 -2752 717462.3285 Patwone Corporation TathStone Corporation 1625' 'arth:Front St 450 Cleveland AVe i PA 17102 Chatnliersburg, PA 17201. 717 -231 -6616 717- 2164 - 591'3; PA Interfaith Community P6 ams Inc PHFA 46 F- High street 211 lvortii.Front Street Gettysburg, PA. 17325 Flarrisburs, PA 17110 717- 334 - 1518' 717- 780 -3940 800- 3422-2397 P ostal VNIMSTArES !'L)STdL5ER1�ICEs Certificate Of Mailing me , . OW , - .. • . <. 7N$ Certif + wta gf M6+rng prtrtidBS av{clNtC4 u+a m &+I has aea prva3anlao;a t1SP &�?(gPr?laaing. Tn.s fonn may Be usad tordameatC and imterratiorai ma3. .17 From: Lkw C AAA rT er r 721 DRESHER ROAD rQ , HORSHAM, PA fJA - „~ :ca UNlr tt Postage h K p f :•'j'? 11 , CeriiflodFoo l x Dominic J . Olive 1. � � C3 Return Reastiezoo 00 DQ Ta: P144 Rare / / t t (Endorsement Required) Here 1 r Bobcat R4a(l yh A I t edD Fee eltuery {Endorse Ruqu+redj r Carlisle, PA, 17013 Total Postago & fees $ r ✓.—•. < ry Sent To P O6S fm 3817, Apra 2407 PShJ 7534- 02- Oti0 - @ ; o S onya R, Oliveri J �` �/ oa ' r 235 Bobcat Road .R, W Ca N l 1791 rf 4L'r lire- Carlisle, PA 17013 i d Po stal • • UNTTEL3STdTES Ta payaae. PtASTdtSERY10Err Certificate t;<atar:cast M " Thia CgA+AZatp a7 * "ei1�r pfRikCS BVid"lnDtmYO has boom .pres@nted taYF6P58 ior- m03aq._ LMN - 'efts form rYray be usatl dome�lC arn+ Y�' &rnelxina! mail. - ... ` l n yi • �`' t Z 1, From: ZiE 721 DRESHER ROAD St�R Ah Postage 'x - YC . p +g P 17 HORSHAM n�i Mro4 Certified Fee 1)l : # ( 4 �) 1 f3i rri 0, PoSrm���cl qg _ 1 C7 kas a #, M Return Rooeipt Hers Fee r• r 1 a rr«tf r � csP (Endorsement Required) Son- d H. Oli 7 0AStmaRfa6w R- WotedDe lively Fee o- 235 Bobcat Ro C1 (End orssm9rit Roqutred) J r 4 Carlisle, PA 17013 ,� �,.._,.w 0 C) Total Postage &Fees (y/ A C, Z Dominic J. Oliveri `' ' W r- 235 Bobcat Road Qrrn 17 , April 2007 PSN 7530-02.044.9065 #' C ` t w ca to Carlisle, PA 1701.3 i —i r g o Ae,-r 0 VERIFICATION The undersigned, an officer of Select Portfolio Servicing, Inc., the instant Plaintiff, or its servicing agent, being authorized to make this Verification on behalf ofPlaintiff, hereby verifies that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are taken from the records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: A1 3 Name Diana Memmott Title Document Control Officer Company: Select Portfolio Servicing, Inc. 235 Bobcat Road, Carlisle, PA 17013 File No. 13 -17319 05/06/2013 16:13 2156537454 BARBARA FEIN LAW OFC PAGE 02/09 . I FORM 1 Wells Fargo Bank, N.A., as Trustee On IN THE COURT OF COMMON PLEAS OF behalf Of the certificate holders Of © CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Dominic J. Oliveri and Sonya H. Oliveri Defendant(s) I Civil b CD -Z NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE 1— .c- 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 the 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 lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted; 5/6/2013 's �'t Date Signature of Counsel for Plainti 05/06/2013 16:13 2156537454 BARBARA FEIN LAW OFC PAGE 03/09 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: GUSTOMERIPRIMARY APPLICATION Borrower name (s): 00minicd.01w4.iindSony &M.mv9ri Property Address: 235 Bobcat Road City: Carlisle State: PA Zip 17013 Is the property for sale? Yes ❑ NO ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ❑ No ❑ Mailing Address (if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? BORR CO Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? INF FINANCIAL First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: S Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yee ❑ No ❑ If yes, provide names, location of court, case number & attorney: 05/06/2013 16:13 2156537454 BARBARA FEIN LAW OFC PAGE 04/09 Awet Arn qunt Owed:. Value: Home: $ $ Other Real Estate: 5 S Retirement Funds: S $ Investments: $ $ Checking: $ S Savings: 5 $ Other: $ 5 Automobile #1 : Model: Year: Amount owed: value: Automobile fi2 Model: Year_ Amount owed: value: Other transportation (automobiles. boats, motorryclesh Model. Year: Amount owed: value: Monthly ncome Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 9.. Monthly Amount: 2. _ Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expens s: (Please only include expenses you are currently j)ayingl EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage utilities Car Payment(s) Condo /Neigh. Fees auto Insurance Med. (not covered) Auto fuel /repairs Other Prop, Payment Install. Loan Payment Cable TV Child Su ort/Alim, Spending Money Day /Child Care /Tuft. Other Expenses Amount Avallable for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes (j No ❑ If yes, please provide the following information; Counseling Agency: Counselor: Phone (Office): Fax: Email: 05/06/2013 16:13 2156537454 BARBARA FEIN LAW OFC PAGE 05/09 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? 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: AUTH ORIZATIO N authorize the above I /We, 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 Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel; V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V better explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) v Copy of 2 years of federal income tax returns V Copy of deed 05/06/2013 16:13 2156537454 BARBARA FEIN LAW OFC PAGE 06/09 FORM 3 Wells Fargo Bank, N.A. Trustee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Dominic J. Oliveri and Snnva H. Olivpri O Defendant(s) civil ,REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 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 statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date 05/06/2013 16:13 2156537454 BARBARA FEIN LAW OFC PAGE 07/09 FORM 4 Wells Fargo Bank, N.A. Trustee ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Dominic J. Oliveri and Sonva H. Oliveri Civil Defendants) CASE MANAGEMENTORDER 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 05/06/2013 16:13 2156537454 BARBARA FEIN LAW OFC PAGE 08/09 Court of the defendant /borrower's failure to serve the completed Form 2 with 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; 05/06/2013 16:13 2156537454 BARBARA FEIN LAW OFC n PAGE 09/09 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 E' ;�- f�r�IC Sheriff r THE P11?O TH0146 TAB ,­ �:�r�r�tirrFY�t�b Jody S Smith ' PH 1 Chief Deputy '' r Richard W Stewart CUMBERLAND COUNTY Solicitor F� OFT LSRSR1F_ PENNSYLVANIA Wells Fargo Bank, N.A. as Trustee, on behalf of the certificate Case Number vs. Dominic J Oliveri (et al.) 2013-2461 SHERIFF'S RETURN OF SERVICE 0511312013 07:44 PM- Deputy Dennis Fry, being duly sworn according to law, attempted service to the Defendant,to wit: Dominic J Oliveri at 235 Bobcat Road, Lower Frankford Township, Carlisle, PA 17013. The Defendant was found to be deceased. Defendant's son-in-law told deputies the the defendant's daughter Juanita Cohick as well as her two sisters are handling the estate through the law office of Irwin and McKnight. n.ENNIKIFIRY, DEPUTY' 0511312013 07:44 PM-Deputy Dennis Fry, being duly sworn according to law, attempted service to the Defendant,to wit: Sonya H Oliveri at 235 Bobcat Road, Lower Frankford Township, Carlisle, PA 17013.The Defendant was found to be deceased. Defendant's son-in-law told deputies the the defendant's daughter Juanita Cohick as well as her two sisters are handling the estate through the law office of Irwin and McKnight. DENNit FRY, DEP(j SHERIFF COST: $50.78 . SO ANSWERS, t May 14, 2013 RbNWY R ANDERSON, SHERIFF {c)CountySuite Shodtt,Teleosoit,Inc. THE LAW OFFICES OF BARBARA A. FEIN, P.C. i�" 5*� � � a lA '' File No. 13-17319 Barbara A. Fein,Esquire/I.D. No. 53002 2913 DEC AM 9: 58 Kristen D. Little, Esquire/I.D. No. 79992 425 Commerce Drive, Suite 100 DUMB 'LAO OUNTY Fort Washington, PA 19034 P' NSYLV' MIA Phone(215) 653-7450/Fax (215) 653-7454 Email: generalinfo @lobaf.com Attorneys for Plaintiff COURT OF COMMON PLEAS WELLS FARGO BANK,N.A., as Trustee, CUMBERLAND COUNTY on behalf of the certificate holders of Securitized Asset Backed Receivables c3 , LLC Trust 2004-DO1, Mortgage Pass- NO. 13-2461 Civil u - Through Certificates, Series 2004-DO1, rn °� '` Plaintiff, ,' '. -.4C) v. rc fl C).11 77.O di'; DOMINIC J. OLIVERI v z ? and SONYA H. OLIVERI, Defendants. SUGGESTION OF DEATH I, Kristen D. Little Esquire, Attorney for the Plaintiff, in the above referenced foreclosure action, hereby formally affirm a Suggestion of Death as to Defendant Dominic J. Oliveri. The Decedent's date of death was December 19, 2010. Attached is a copy of the Decedent's Social Security Death Index evidencing same(Exhibit "A" appended hereto). THE LAW OFFICES OF BARBARA A. FEIN,P.C. BY: Krist D. Little, Esquire Attorney for Plaintiff Attorney I.D. No. 79992 Ancestry.com-U.S., Social Security Death Index, 1935-Current ancestry. '; U.S., Social Security Death Index, 1935-Current Name: Dominic James Oliveri Last Residence: 37040 Clarksville,Montgomery,Tennessee Born: 12 Mar 1944 Died: 19 Dec 2010 State (Year)SSN Illinois (1960-1961) issued: Source Citation:;Issue State:Illinois;Issue Date:1960-1961. Source Information: Ancestry.com. U.S.,Social Security Death Index,1935-Current[database on-line].Provo,UT,USA:Ancestry.com Operations Inc,2011. Original data:Social Security Administration.Social Security Death Index,Master File.Social Security Administration. Description: The Social Security Administration Death Master File contains information on millions of deceased individuals with United States social security numbers whose deaths were reported to the Social Security Administration.Birth years for the individuals listed range from 1875 to last year.Information in these records includes name,birth date,death date,and last known residence. ©2013,Allcestry.com 1 of 1 12/3/2013 4:01 PM THE LAW OFFICES OF BARBARA A. FEIN, P.C. File No. 13-17319 Barbara A. Fein, Esquire/I.D. No. 53002 Kristen D. Little, Esquire/I.D. No. 79992 721 Dresher Road, Suite 1050 Horsham,PA 19044 Phone (215) 653-7450/Fax (215) 653-7454 Email: generalinfo @lobaf.com Attorneys for Plaintiff COURT OF COMMON PLEAS r-) �{ WELLS FARGO BANK,N.A., as Trustee, CUMBERLAND COUNTY a - ; on behalf of the certificate holders of r ©rel ill Securitized Asset Backed Receivables ..-- LLC Trust 2004-DO1, Mortgage Pass- NO. 2013-2461 Civil3> `A -.rt`'. Through Certificates, Series 2004-DO1, Lc� c3 Plaintiff, 20 a rY . .c , V. p �r DOMINIC J. OLIVERI and SONYA H. OLIVERI, Defendants. ACKNOWLEDGMENT OF SERVICE Service of the Complaint in Mortgage Foreclosure is hereby acknowledged and accepted this A yd day of December,2013,in her capacity as the Court-Appointed Administratrix of the Estate of Sonya H.Oliveri,I acknowledge that I am authorized to accept service on the Defendant's behalf. BY: id 'I / rh Barbara A. Fein, in her caps f ty as Court-Appointed Administr�trix of The Estate of Sonya H. Oliveri,Deceased 721 Dresher Road, Suite 1050 Horsham, PA 19044 COMMONWEALTH OF PENNSYLVANIA SHORT CERTIFICATE COUNTY OF CUMBERLAND y Fri} r f „ t Zs� I, GLENDA FARNER STRASBAUGH ts Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 14th day of November, Two Thousand and ,f' Thirteen, Letters of ADMINISTRATION in common form were granted by the Register of said County, on the estate of SONYA H OLIVERI , late of LOWER FRANKFORD TOWNSHIP (First,Middle,Last) in said county, deceased, to BARBARA A FEIN (First,Middle,Last) and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 15th day of November Two Thousand and Thirteen. File No. 2013- 00859 PA File No. 21- 13- 0859 Date of Death 4/25/2012 S.S. # 261-52-2132 1111 114 AI II L Ai! AIL 'eggs ter o ' "° 1 ! V D NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL I L1 ^�E"lt File No. 13-17319 THE LAW OFFICES OF BARBARA A. FEIN, P.C,J1 y¢;� Pt'���"�#C}�G Tali'z Barbara A. Fein, Esquire/I.D. No. 53002 Kristen D. Little, Esquire/I.D. No. 79992 ' DEC -g 0: �2 721 Dresher Road, Suite 1050 CUMBERLAND fl C4UNt Y Horsham,PA 19044 PENN SYt�VANIA Phone(215) 653-7450/Fax (215)653-7454 Email: generalinfo @lobaf.com Attorneys for Plaintiff COURT OF COMMON PLEAS WELLS FARGO BANK, N.A., as Trustee, CUMBERLAND COUNTY on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004-DO1, Mortgage Pass- NO. 2013-2461 Civil Through Certificates, Series 2004-DO1, Plaintiff, v. DOMINIC J. OLIVERI and SONYA H. OLIVERI, Defendants. STIPULATION TO AMEND CAPTION OF MORTGAGE FORECLOSURE It is hereby stipulated and agreed by Barbara A.Fein,in her capacity as the Court-Appointed Administratrix ofthe Estate of Sonya H.Oliveri,Deceased,that the caption of this suit henceforward shall read: Wells Fargo Bank, N.A., as Trustee, on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004-DO1, Mortgage Pass- Through Certificates, Series 2004-DO1 v. The Estate of Sonya H. Oliveri, Deceased. Consented to by: 691,c6_a_ BY: a Barbara A. Fein, in her capac y as Court-Appointed Administra rix of The Estate of Sonya H. Oliveri, Deceased 721 Dresher Road, Suite 1050 Horsham, PA 19044 COMMONWEALTH OF PENNSYLVANIA SHORT CERTIFICATE COUNTY OF CUMBERLAND �r1 � r r ,,ii iii.,, - I, GLENDA FARNER STRASBAUGH X Register for the Probate of Wills and Granting Nt Letters of Administration in and for CUMBERLAND County, do hereby certify that on • ;' the 14th day of November, Two Thousand and = _ ,,�' Thirteen, Letters of ADMINISTRATION in common form were granted by the Register of said County, on the estate of SONYA H OLIVERI , late of LOWER FRANKFORD TOWNSHIP (First,Middle,Last) in said county, deceased, to BARBARA A FEIN (First,Middle,Last) and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 15th day of November Two Thousand and Thirteen. File No. 2013- 00859 PA File No. 21- 13- 0859 Date of Death 4/25/2012 S.S. # 261-52-2132 1 111111 •egister •f t►° . , ! V Dep t NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL File No. 13-17319 THE LAW OFFICES OF BARBARA A. FEIN P.C. � r +1+ Barbara A. Fein, Esquire/I.D. No. 53002 Kristen D. Little, Esquire/I.D. No. 79992 Z f3 DEC 10 AN LI: 50 721 Dresher Road, Suite 1050 Ct�M$ERLAND COUNTY Horsham, PA 19044 PENNSYLVANIA Phone (215) 653-7450/Fax (215) 653-7454 Email: generalinfo @lobaf.com Attorneys for Plaintiff COURT OF COMMON PLEAS WELLS FARGO BANK,N.A., as Trustee, CUMBERLAND COUNTY on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004-DO1,Mortgage Pass- NO. 2013-2461 Civil Through Certificates, Series 2004-DO1, Plaintiff, v. THE ESTATE OF SONYA H. OLIVERI, DECEASED Defendants. CONSENT JUDGMENT BY STIPULATION BETWEEN PARTIES It is hereby stipulated and agreed by the Defendant, The Estate of Sonya H. Oliveri, Deceased, that Judgment in Rem be entered in the above entitled mortgage foreclosure action in favor of the Plaintiff and against the Defendant Estate in the amount of$144,313.88, which sum includes interest as calculated through December 31, 2013. Dated: December 3, 2013 BY: — ■ / I Barbara A. Fein, in her cap.f ity as Court-Appointed Administ atrix of The Estate of Sonya H. Oliveri, Deceased Dated: December 3, 2013 BY: r ��7 Krist•n D. Little, Esquire Attorney for Plaintiff a Vim` %9a� Uk)u. M COMMONWEALTH OF PENNSYLVANIA $, SHORT CERTIFICATE COUNTY OF CUMBERLAND I, GLENDA FARNER STRASBAUGH Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 14th day of November, Two Thousand and ' Thirteen, Letters of ADMINISTRATION in common form were granted by the Register of said County, on the estate of SONYA H OLIVERI , late of LOWER FRANKFORD TOWNSHIP (First,Middle,Last) in said county, deceased, to BARBARA A FEIN (First,Middle,Last) and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 15th day of November Two Thousand and Thirteen. File No. 2013- 00859 PA File No. 21- 13- 0859 Date of Death 4/25/2012 S.S. # 261-52-2132 JL41Y\ A ister Of "► Dept • • NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL THE LAW OFFICES OF BARBARA A. FEIN, P.C. File No. 13-17319 Barbara A. Fein, Esquire/I.D. No. 53002 Kristen D. Little, Esquire/I.D. No. 79992 721 Dresher Road, Suite 1050 Horsham, PA 19044 Phone(215) 653-7450/Fax (215) 653-7454 Email: generalinfo @lobaf.com Attorneys for Plaintiff COURT OF COMMON PLEAS WELLS FARGO BANK, N.A., as Trustee, CUMBERLAND COUNTY on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004-DO1, Mortgage Pass- NO. 2013-2461 Civil Through Certificates, Series 2004-DOl, Plaintiff, v. THE ESTATE OF SONYA H. OLIVERI, DECEASED Defendants. CERTIFICATION OF ADDRESS I, Kristen D. Little Esquire,Attorney for the Plaintiff, Wells Fargo Bank, N.A., as Trustee, on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004-DO1, hereby certify that the Plaintiffs correct address is 3815 South West Temple, Salt Lake City, UT 84115, and the last known address of each Defendant is as below. The Estate of Sonya H. Oliveri, Deceased c/o Barbara A. Fein, Court-Appointed Administratrix 721 Dresher Road, Suite 1050 Horsham, PA 19044 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Kriste D. Little, Esquire Attorney for Plaintiff • THE LAW OFFICES OF BARBARA A. FEIN, P.C. File No. 13-17319 Barbara A. Fein, Esquire/I.D. No. 53002 Kristen D. Little, Esquire/I.D. No. 79992 721 Dresher Road, Suite 1050 Horsham, PA 19044 Phone(215) 653-7450/Fax (215) 653-7454 Email: generalinfo @lobaf.com Attorneys for Plaintiff COURT OF COMMON PLEAS WELLS FARGO BANK,N.A., as Trustee, CUMBERLAND COUNTY on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004-DO1, Mortgage Pass- NO. 2013-2461 Civil Through Certificates, Series 2004-DOl, Plaintiff, v. THE ESTATE OF SONYA H. OLIVERI, DECEASED Defendants. CERTIFICATE OF SERVICE I,Kristen D. Little, Esquire,Attorney for the Plaintiff, Wells Fargo Bank,N.A., as Trustee, on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004-DO1, hereby certify that I have served a true and correct copy of the appended mortgage foreclosure pleadings/papers upon the following parties at the last known address and/or upon an attorney of record, as noted: The Estate of Sonya H. Oliveri,Deceased c/o Barbara A. Fein, Court-Appointed Administratrix 721 Dresher Road, Suite 1050 Horsham, PA 19044 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: • Kris n D. Little, Esquire Attorney for Plaintiff OFFICE OF THE PROTHONOTARY Cumberland County Courthouse 1 Courthouse Square Carlisle,PA 17013 717-240-6195 DAVID D. BUELL,PROTHONOTARY TO: The Estate of Sonya H. Oliveri, Deceased c/o Barbara A. Fein, Court-Appointed Administratrix 721 Dresher Road, Suite 1050 Horsham,PA 19044 WELLS FARGO BANK,N.A., as Trustee, COURT OF COMMON PLEAS on behalf of the certificate holders of CUMBERLAND COUNTY Securitized Asset Backed Receivables LLC Trust 2004-DO1, Mortgage Pass- Through Certificates, Series 2004-DO1, NO. 2013-2461 Civil Plaintiff, v. THE ESTATE OF SONYA H. OLIVERI, DECEASED Defendants. NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above captioned proceeding as indicated below. j WM,,,, e eh c DAVID D. BUELL, PROTHONOTARY [XX] Judgment by Stipulation entered GI 0\k1 IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: KRISTEN D. LITTLE, ESQUIRE AT (215) 653-7450. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK, N.A., as Trustee, COURT OF COMMON PLEAS on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004-D01, Mortgage Pass- Through NO. 13-2461 Civil Certificates, Series 2004-D01 , Plaintiff, V. THE ESTATE OF SONYA H. OLIVERI, DECEASED, Defendant. PRAECIPE TO ISSUE WRIT OF EXECUTION (MORTGAGE FORECLOSURE) -0 TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County, against The Estate of Sonya H. Oliveri, Deceased, Defendant(s), and real property situated at 235 Bobcat Road, Lower Frankford Township, Cumberland County, Pennsylvania. AMOUNT DUE INTEREST calculated at the legal rate of 6% (per diem rate of $23.72) from December 31, 2013 through the date on which the property is sold at Sheriffs Sale. SUBTOTAL March 4, 2014 d E C3F 1133.1S j‘ " .,()" $144,313.88 Kris6n,t. Little, Esquire Attorn y I.D. No. 79992 721 Dresher Road, Suite 1050 Horsham, PA 19044 (215) 653-7450 File No. 13-17319 5 0 /c)7 >S" 26P0D8 ALL that certain tract of land with the improvements thereon erected situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the Township Road, Legislative Route T - 451 at the comer of property of John H. Wingert; thence along the latter, North 7 degrees 26 minutes West 250 feet to an iron pin; thence along same property of Harold D. Lindsey, Jr. North 73 degrees 29 minutes West 544.57 feet to an iron pin; thence along property of Edgar D. Bartels North 9 degrees 30 minutes East 573 feet to a stake; thence along the same, North 14 degrees 38 minutes East 133 feet to a stake; thence along property of Richard C. Parr, et ux, South 79 degrees 17 minutes 10 seconds East 327.21 feet to a stake; thence still along the same, South 7 degrees 26 minutes East 1039.16 feet to a spike in the center of the aforesaid road; thence along the latter, South 79 degrees 45 minutes West 30 feet to a spike, the place of BEGINNING. CONTAINING 7.761 acres according to a survey of Thomas A. Neff, RS dated December 3, 1970. BEING the same premises which Sonya H. Oliveri and Dominic J. Oliveri, Wife and Husband, granted and conveyed to Sonya H. Oliver, by Deed dated March 27, 2007, and recorded in the Office of the Cumberland County Recorder of Deeds on March 28, 2007, in Deed Book Volume 279, at Page 1544. BEING Known as 235 Bobcat Road, Carlisle, PA 17013 Tax Parcel No. 14-04-0383-062 ALL that certain tract of land with the improvements thereon erected situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the Township Road, Legislative Route T - 451 at the comer of property of John H. Wingert; thence along the latter, North 7 degrees 26 minutes West 250 feet to an iron pin; thence along same property of Harold D. Lindsey, Jr. North 73 degrees 29 minutes West 544.57 feet to an iron pin; thence along property of Edgar D. Bartels North 9 degrees 30 minutes East 573 feet to a stake; thence along the same, North 14 degrees 38 minutes East 133 feet to a stake; thence along property of Richard C. Parr, et ux, South 79 degrees 17 minutes 10 seconds East 327.21 feet to a stake; thence still along the same, South 7 degrees 26 minutes East 1039.16 feet to a spike in the center of the aforesaid road; thence along the latter, South 79 degrees 45 minutes West 30 feet to a spike, the place of BEGINNING. CONTAINING 7.761 acres according to a survey of Thomas A. Neff, RS dated December 3, 1970. BEING the same premises which Sonya H. Oliveri and Dominic J. Oliveri, Wife and Husband, granted and conveyed to Sonya H. Oliver, by Deed dated March 27, 2007, and recorded in the Office of the Cumberland County Recorder of Deeds on March 28, 2007, in Deed Book Volume 279, at Page 1544. BEING Known as 235 Bobcat Road, Carlisle, PA 17013 Tax Parcel No. 14-04-0383-062 Crt THE LAW OFFICES OF BARBARA A. FEIN, P.e. i HE PE; 0 THONO Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 7 P .1: IC 721 Dresher Road, Suite 1050 I' LEIB ERL ND COUNTY Horsham, PA 19044 PENNS YLVA NIA Phone (215) 653-7450 / Fax (215) 653-7454 Email: generalinfo@lobaf.com Attorneys for Plaintiff WELLS FARGO BANK, N.A., as Trustee, on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004-D01, Mortgage Pass- Through Certificates, Series 2004-D01 , Plaintiff, V. THE ESTATE OF SONYA H. OLIVERI, DECEASED, Defendant. File No. 13-17319 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 13-2461 Civil AFFIDAVIT UNDER PA. RCP RULE 3129 Wells Fargo Bank, N.A., as Trustee, on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004-D01, Mortgage Pass- Through Certificates, Series 2004-D01, Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 235 Bobcat Road, Lower Frankford Township, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. Name and address of each Owner and/or Reputed Owner: The Estate of Sonya H. Oliveri, Deceased do Barbara A. Fein, in her capacity as Court-Appointed Administratrix 721 Dresher Road, Suite 1050 Horsham, PA 19044 %ow 2. Name and address of each Defendant named in the judgment: The Estate of Sonya H. Oliveri, Deceased c/o Barbara A. Fein, in her capacity as Court-Appointed Administratrix 721 Dresher Road, Suite 1050 Horsham, PA 19044 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17103 Pamela Burkholder, Tax Collector 518 Burgners Road Carlisle, PA 17015 4. Name and address of the last recorded holder of every mortgage of record: Wells Fargo Bank, N.A., as Trustee, Plaintiff c/o Select Portfolio Servicing, Inc. 3815 South West Temple Salt Lake City, UT 84115 Citifinancial, Inc. 1 Valley Street, Suite 103 Carlisle, PA 17013 CFNA Receivables, Inc 300 St. Paul Place Baltimore, MD 21201 5. Name and address of every other person or entity which has any record lien on the property: None. 6. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: Stone, Lafaver & Shekletski 414 Bridge Street P.O. Box E New Cumberland, PA 17070 REG Investment Properties LLC 765 Lancaster Avenue Enola, PA 17025 Ms. Juanita E. Cohick 239 Bobcat Road Carlisle, PA 17015 Ms. Valerie Keeseman 235 Bobcat Road Carlisle, PA 17015 Ms. Belinda Womack a/k/a Belinda Kay Randall 905 NE Tortoise Drive, Apt. B Lawton, OK 73507 -1745 Ms. Belinda Womack a/k/a Belinda Kay Randall P.O. Box 1842 Henderson, TX 75653 -1842 Tenant /Occupant 235 Bobcat Road Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St P.O. Box 320 Carlisle PA 17013 PA Department of Public Welfare Bureau of Child Support Enforcement 1303 North 7th Street Harrisburg, PA 17105 rft Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 8018 Harrisburg, PA 17110-8018 PA Department of Revenue Bureau of Compliance Sheriff Sale Section P.O. Box 281230 Harrisburg, PA 17128-1230 PA Department of Revenue Bureau of Compliance 7th Floor, Strawberry Square Harrisburg, PA 17128 The Internal Revenue Service 1000 Liberty Ave., Room 704 Pittsburgh, PA 15222 Commonwealth of Pennsylvania Department of Revenue Strawberry Square Harrisburg, PA 17128 PA Department of Revenue Inheritance Tax Division P.O. Box 280601 Harrisburg, PA 17128 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. Section 4904 relating to unsworn falsification to authorities. Date: March 4, 2014 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Kristen D ittle, Esquire Attorne for Plaintiff Attorney I.D. No. 79992 THE LAW OFFICES OF BARBARA A. FEIN, 0:C) HE PRO 1 HONO TAR y Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 721 Dresher Road, Suite 1050 Horsham, PA 19044 Phone (215) 653-7450 / Fax (215) 653-7454 Email: generalinfo@lobaf.com Attorneys for Plaintiff WELLS FARGO BANK, N.A., as Trustee, on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004-D01, Mortgage Pass- Through Certificates, Series 2004-D01 , Plaintiff, V. THE ESTATE OF SONYA H. OLIVERI, DECEASED, Defendant. 201411AR -7 PH .1: I CUMBERLAND COUNTY PENNSYLVANIA File No, 13-17319 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 13-2461 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: The Estate of Sonya H. Oliveri, Deceased c/o Barbara A. Fein, in her capacity as Court-Appointed Administratrix 721 Dresher Road, Suite 1050 Horsham, PA 19044 The house at 235 Bobcat Road, within the Lower Frankford Township, Cumberland County, is scheduled to be sold by the Cumberland County Sheriffs Department on June 4, 2014 at the Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania, to enforce the Court judgment of $144,313.88 obtained by Plaintiff, Wells Fargo Bank, N.A., as Trustee, on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004-D01, Mortgage Pass- Through Certificates, Series 2004-D01, against you. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call Jessica McVittie at (215) 653-7450. 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. 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 below 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Jessica McVittie at (215) 653-7450, or by calling the Cumberland County Sheriffs Department at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the sale 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 bid in the sale. To find out if this has happened, you may call Jessica McVittie at (215) 653-7450 or by calling the Cumberland County Sheriffs Department at (717) 240-6390. 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 had 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 schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days. 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 distribution date. 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. Lawyer Referral Service (717) 249 -3166 Cumberland County Bar Association 32 South Bedford Street, Carlisle, P A 17013 (800) 990 -9108 ALL that certain tract of land with the improvements thereon erected situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the Township Road, Legislative Route T - 451 at the corner of property of John H. Wingert; thence along the latter, North 7 degrees 26 minutes West 250 feet to an iron pin; thence along same property of Harold D. Lindsey, Jr. North 73 degrees 29 minutes West 544.57 feet to an iron pin; thence along property of Edgar D. Bartels North 9 degrees 30 minutes East 573 feet to a stake; thence along the same, North 14 degrees 38 minutes East 133 feet to a stake; thence along property of Richard C. Parr, et ux, South 79 degrees 17 minutes 10 seconds East 327.21 feet to a stake; thence still along the same, South 7 degrees 26 minutes East 1039.16 feet to a spike in the center of the aforesaid road; thence along the latter, South 79 degrees 45 minutes West 30 feet to a spike, the place of BEGINNING. CONTAINING 7.761 acres according to a survey of Thomas A. Neff, RS dated December 3, 1970. BEING the same premises which Sonya H. Oliveri and Dominic J. Oliveri, Wife and Husband, granted and conveyed to Sonya H. Oliver, by Deed dated March 27, 2007, and recorded in the Office of the Cumberland County Recorder of Deeds on March 28, 2007, in Deed Book Volume 279, at Page 1544. BEING Known as 235 Bobcat Road, Carlisle, PA 17013 Tax Parcel No. 14-04-0383-062 WRIT OF EXECUTION and /or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-2461 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. AS TRUSTEE, ON BEHALF OF THE CERTIFICATE HOLDERS OF SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2004 -DO1, MORTGAGE PASS - THROUGH CERTIFICATES, SERIES 2004 -D01 Plaintiff (s) From THE ESTATE OF SONYA H. OLIVERI, DECEASED (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: $144,313.88 L.L.: $.50 Interest INTEREST CALCULATED AT THE LEGAL RATE OF 6% (PER DIEM OF $23.72) FROM DECEMBER 31, 2013 THROUGH THE DATE ON WHICH THE PROPERTY IS SOLD AT SHERIFF'S SALE Atty's Comm: Atty Paid: $199.53 Plaintiff Paid: Date: 3/7/14 Due Prothy: $2.25 Other Costs: 11,,,ext:b David D. Buuueelll,Prothonot uy Y: ___�K�ZY/�► REQUESTING PARTY: Name: KRISTEN D. LITTLE, ESQUIRE Address: THE LAW OFFICES OF BARBARA A FEIN, P.C. 721 DRESHER ROAD, SUITE 1050, HORSHAM, PA 19044 Attorney for: PLAINTIFF Telephone: 215- 653 -7450 Supreme Court ID No. 79992 Deputy 1 THE LAW OFFICES OF BARBARA A. FEIN, 13.0 x4- Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 721 Dresher Road, Suite 1050 Horsham, PA 19044 Phone (215) 653 -7450 / Fax (215) 653 -7454 Email: generalinfo @lobaf.com Attorneys for Plaintiff T HON0 2014 MAR 27 PHi 1: t} 6 CUMBERLAND C0UNT'1' PENNSYLVANIA WELLS FARGO BANK, N.A., as Trustee, on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004 -DO1, Mortgage Pass - Through Certificates, Series 2004 -DO1, Plaintiff, v. THE ESTATE OF SONYA H. OLIVERI, DECEASED Defendant. File No. 13 -17319 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2013 -2461 Civil ACKNOWLEDGMENT OF SERVICE Service of the Notice of Sheriffs Sale of Real Property is hereby acknowledged and accepted this 17th day of March 2014, in her capacity as the Court- Appointed Administratrix of the Estate of Sonya H. Oliveri, I acknowledge that I am authorized to accept service on the Defendant's behalf. BY: Barbara A. Fein, in her capa ty as Court- Appointed Administr rix of The Estate of Sonya H. Oliveri, Deceased 721 Dresher Road, Suite 1050 Horsham, PA 19044 cc. Cumberland County-Sheriff' Dept. THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 721 Dresher Road, Suite 1050 Horsham, PA 19044 Phone (215) 653-7450 / Fax (215) 653-7454 Email: generalinfo@lobaf.com Attorneys for Plaintiff WELLS FARGO BANK, N.A., as Trustee, on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004-DO1, Mortgage Pass - Through Certificates, Series 2004-DO1, Plaintiff, v. THE ESTATE OF SONYA H. OLIVERI, DECEASED, Defendant. t..HE Pik HONK-1/4rti 2 HAY `l File No. 13-17319 All 11 5 CU��B RLi,fiD COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 13-2461 Civil CERTIFICATION OF NOTICES OF SALE TO LIENHOLDERS I, Jessica McVittie, Paralegal to Kristen D. Little, attorney for Plaintiff, hereby certify that upon information and belief, diligent efforts have been made to identify all persons/entities having mortgages, judgments, liens, or other interest in the subject premises of the foreclosure proceeding, and that such persons/entities have been sent Notices of Sheriffs Sale (attached hereto as Exhibit "A") and that said Notices were duly served upon them in accordance with Pennsylvania Rule of Civil Procedure Rule 3129. (Proof of mailing with a postmark date of April 28, 2014, is appended hereto and incorporated herein by reference as Exhibit "B"). I declare under penalty of perjury that the foregoing is true and correct. April 30, 2014 cc. Cumberland County Sheriffs Department. THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: 7�� etif Jessica McVittie, Paralegal to Kristen D. Little, Esquire Attorney for Plaintiff Barbara A. Fein, Esquire Kristen D. Little, Esquire Members of Pennsylvania and New Jersey Bars THE LAW OFFICES OF BARBARA A. FEIN, P.C. 721 Dresher Road, Suite 1050 Horsham, PA 19044 Phone: (215) 653-7450 Fax: (215) 653-7454 Direct E-mail: BarbaraF@lobaf.com Direct Phone Ext. 102 NEW JERSEY OFFICE 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054-4318 Phone: (856) 596-5552 Fax: (856) 596-5589 NOTICE OF CUMBERLAND COUNTY SHERIFF'S SALE TO: All Parties in Interest and Claimants OWNER(S): The Estate of Sonya H. Oliveri, Deceased PROPERTY: 235 Bobcat Road Lower Frankford Township County of Cumberland, PA Improvements: Detached, One Story, Manufactured Home Cumberland County CCP No. 13-2461 Civil Please be advised that the above captioned property (and any improvements thereon) is scheduled to be sold by the Cumberland County Sheriffs Department on June 4, 2014 at the Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania. This sale is scheduled pursuant to a judgment entered in the amount of $144,313.88in the Court of Common Pleas for Cumberland County. Our records indicate that you may hold a mortgage or judgment on the property which may be extinguished (removed) by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. You may call the You may call the Cumberland County Sheriffs Department at (717) 240-6100 for the date on which the distribution schedule will be posted. Sincerely, THE LAW OFFIC' S OF • ' : ARA A. FEIN, P.C. Kristen�D. Little, Esquire Attorney for Plaintiff Dated: Apt j 12S, 2014 File No. 13-17319 EXHIBIT "A" ALL that certain tract of land with the improvements thereon erected situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the Township Road, Legislative Route T - 451 at the corner of property of John H. Wingert; thence along the latter, North 7 degrees 26 minutes West 250 feet to an iron pin; thence along same property of Harold D. Lindsey, Jr. North 73 degrees 29 minutes West 544.57 feet to an iron pin; thence along property of Edgar D. Bartels North 9 degrees 30 minutes East 573 feet to a stake; thence along the same, North 14 degrees 38 minutes East 133 feet to a stake; thence along property of Richard C. Parr, et ux, South 79 degrees 17 minutes 10 seconds East 327.21 feet to a stake; thence still along the same, South 7 degrees 26 minutes East 1039.16 feet to a spike in the center of the aforesaid road; thence along the latter, South 79 degrees 45 minutes West 30 feet to a spike, the place of BEGINNING. CONTAINING 7.761 acres according to a survey of Thomas A. Neff, RS dated December 3, 1970. BEING the same premises which Sonya H. Oliveri and Dominic J. Oliveri, Wife and Husband, granted and conveyed to Sonya H. Oliver, by Deed dated March 27, 2007, and recorded in the Office of the Cumberland County Recorder of Deeds on March 28, 2007, in Deed Book Volume 279, at Page 1544. BEING Known as 235 Bobcat Road, Carlisle, PA 17013 Tax Parcel No. 14-04-0383-062 NAME AND The Law Offices of Barbara A. Fein, P.C. ADDRESS Ir 721 Dresher Road, Suite 1050 OF SENDER Horsham, PA 19044 Indicate type of mail Registered ❑ Insured ❑ C.O.D. ❑ Certified 0 Express Mail Check appropriate block for Registered Mail: ❑ With Postal Insurance ❑ Without Postal Insurance -JMCV 1 / 3 Oliveri 13-17319 Affix stamps here if issued as certificate of mailing or for additional copies of this bill. POSTMARK AND DATE OF RECEIPT Line Number of Article Name of Addressee, Street, and Post -Office Address Postage Fee Handling Charge Act. Value (If Regis.) Insured Value Due Sender If C.O.D. R.R. Fee S.D. Fee S.H. Fee Rest. Def. Fee Remarks 1 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17103 .48 .47 2 3 4 5 6 7 Pamela Burkholder, Tax Collector 518 Burgners Road Carlisle, PA 17015 Citifinancial, Inc. 1 Valley Street, Suite 103 Carlisle, PA 17013 CFNA Receivables, Inc 300 St. Paul Place Baltimore, MD 21201 Wayne Haltman 46 Hickory Dr. Newville, PA 1724 Stone, Lafaver & Shekletski 414 Bridge Street P.O. Box E New Cumberland, PA 17070 REG Investment Properties LLC 765 Lancaster Avenue Enola, PA 17025 .48 .48 .48 .48 .48 .48 .47 .47 .47 .47 .47 .47 APC (APR 2s Ct4 i alga Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office POSTMASTER, PER (Name of receiving employee) The full declaration of value is required on all domestic and in ernational registered mail. The maximum indemnity payable for nonnegotiable documents under Expres Mail document reconstruction insurance is $50,000 per piece subject to limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise insurance is $500. The maximum indemnity payable is $25,000 for Registered Mail, $400 for COD and $400 for Insured Mail. Special handling charges apply on to Third- and Fourth -Class parcels. Special delivery service also includes special handling service. FORM MUST BE COMPLETED BY TYPEWRITER, INC OR BALL POINT PEN * U.S. Government Printing Office 1983-396-297 NAME AND The Law Offices of Barbara A. Fein, P.C. ADDRESS ir 721 Dresher Road, Suite 1050 OF SENDER Horsham, PA 19044 Indicate type of mail Registered ❑ Insured ❑ C.O.D. ❑ Certified 0 Express Mail Check appropriate block for Registered Mail: ❑ With Postal Insurance O Without Postal Insurance JMCV 2 /3 Oliveri 13-17319 Affix stamps here if issued as certificate of mailing or for additional copies of this bill. POSTMARK AND DATE OF RECEIPT Line Number of Article Name of Addressee, Street, and Post -Office Address Postage Fee Handling Charge Act. Value (If Regis.) Insured Value Due Sender If C.O.D. R.R. Fee S.D. Fee S.H. Fee Rest. Def. Fee Remarks Ms. Juanita E. Cohick 239 Bobcat Road Carlisle, PA 17015 .48 .47 2 Ms. Valerie Keeseman 235 Bobcat Road Carlisle, PA 17015 .48 .47 3 Ms. Belinda Womack a/k/a Belinda Kay Randall 905 NE Tortoise Drive, Apt. B Lawton, OK 73507-1745 .48 .47 4 5 6 7 Ms. Belinda Womack a/k/a Belinda Kay Randall P.O. Box 1842 Henderson, TX 75653-1842 Tenant/Occupant 235 Bobcat Road Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St P.O. Box 320 Carlisle PA 17013 PA Depaftnient of Public Welfare Bureau of Child Support Enforcement 1303 North 7th Street Harrisburg, PA 17105 .48 .48 .48 .48 .47 .47 .47 .47 I AP1,.j APR :2;\ Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office -7 POSTMASTER, PER (Name of receiving employee) �Cv The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise insurance is $500. The maximum indemnity payable is $25,000 for Registered Mail, $400 for COD and $400 for Insured Mail. Special handling charges apply on to Third- and Fourth -Class parcels. Special delivery service also includes special handling service. FORM MUST BE COMPLETED BY TYPEWRITER, INC OR BALL POINT PEN * U.S. Government Printing Office 1983-396-297 NAME AND ik The Law Offices of Barbara A. Fein, P.C. ADDRESS Ir 721 Dresher Road, Suite 1050 OF SENDER Horsham, PA 19044 Indicate type of mail Registered ❑ Insured ❑ C.O.D. ❑ Certified 0 Express Mail Check appropriate block for Registered Mail: ❑ With Postal Insurance ❑ Without Postal Insurance JM CV 3 / 3 Oliveri 13-17319 Affix stamps here if issued as certificate of mailing or for additional copies of this bill. POSTMARK AND DATE OF RECEIPT Line Number of Article Name of Addressee, Street, and Post -Office Address Postage Fee Handling Charge Act. Value (If Regis.) Insured Value Due Sender If C.O.D. R.R. Fee S.D. Fee S.H. Fee Rest. Def. Fee Remarks 1 Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 8018 Harrisburg, PA 17110-8018 .48 .47 2 PA Department of Revenue Bureau of Compliance Sheriff Sale Section P.O. Box 281230 Harrisburg, PA 17128-1230 .48 .47 3 4 5 6 7 PA Department of Revenue Bureau of Compliance 7th Floor, Strawberry Square Harrisburg, PA 17128 The Internal Revenue Service 1000 Liberty Ave., Room 704 Pittsburgh, PA 15222 Commonwealth of Pennsylvania Department of Revenue Strawberry Square Harrisburg, PA 17128 PA Department of Revenue Inheritance Tax Division P.O. Box 280601 Harrisburg, PA 17128 .48 .48 .48 .48 .47 .47 .47 .47 i (Osj > o ra UNIrp,, mw-'TAT1co co o73 co fok Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office POSTMASTER, PER (Name of receiving employee) The full declaration of value is required on all domestic and international regis ered mail. The maximum indemnity payable for nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise insurance is $500. The maximum indemnity payable is $25,000 for Registered Mail, $400 for COD and $400 for Insured Mail. Special handling charges apply on to Third- and Fourth -Class parcels. Special delivery service also includes special handling service. FORM MUST BE COMPLETED BY TYPEWRITER, INC OR BALL POINT PEN * U.S. Government Printing Office 1983-396-297 THE LAW OFFICES OF BARBARA A. FEIN, P.C._f Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 721 Dresher Road, Suite 1050 Horsham, PA 19044 Phone (215) 653-7450 / Fax (215) 653-7454 Email: generalinfo@lobaf.com Attorneys for Plaintiff WELLS FARGO BANK, N.A., as Trustee, on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004-DO1, Mortgage Pass - Through Certificates, Series 2004-DO1 , Plaintiff, v. THE ESTATE OF SONYA H. OLIVERI, DECEASED, Defendant. 7 fi COUNTY PENNS YL VA N/A File No. 13-17319 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 13-2461 Civil AMENDED AFFIDAVIT UNDER PA. RCP RULE 3129 Wells Fargo Bank, N.A., as Trustee, on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004-DO1, Mortgage Pass- Through Certificates, Series 2004-DO1, Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 235 Bobcat Road, Lower Frankford Township, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of each Owner and/or Reputed Owner: The Estate of Sonya H. Oliveri, Deceased do Barbara A. Fein, in her capacity as Court -Appointed Administratrix 721 Dresher Road, Suite 1050 Horsham, PA 19044 2. Name and address of each Defendant named in the judgment: The Estate of Sonya H. Oliveri, Deceased c/o Barbara A. Fein, in her capacity as Court -Appointed Administratrix 721 Dresher Road, Suite 1050 Horsham, PA 19044 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17103 Pamela Burkholder, Tax Collector 518 Burgners Road Carlisle, PA 17015 4. Name and address of the last recorded holder of every mortgage of record: Wells Fargo Bank, N.A., as Trustee, Plaintiff c/o Select Portfolio Servicing, Inc. 3815 South West Temple Salt Lake City, UT 84115 Citifinancial, Inc. 1 Valley Street, Suite 103 Carlisle, PA 17013 CFNA Receivables, Inc 300 St. Paul Place Baltimore, MID 21201 5. Name and address of every other person or entity which has any record lien on the property: None. 6. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: Wayne Haltman 46 Hickory Dr. Newville, PA 17241. Stone, Lafaver & Shekletski 414 Bridge Street P.O. Box E New Cumberland, PA 17070 REG Investment Properties LLC 765 Lancaster Avenue Enola, PA 17025 Ms. Juanita E. Cohick 239 Bobcat Road Carlisle, PA 17015 Ms. Valerie Keeseman 235 Bobcat Road Carlisle, PA 17015 Ms. Belinda Womack a/k/a Belinda Kay Randall 905 NE Tortoise Drive, Apt. B Lawton, OK 73507-1745 Ms. Belinda Womack a/k/a Belinda Kay Randall P.O. Box 1842 Henderson, TX 75653-1842 Tenant/Occupant 235 Bobcat Road Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St P.O. Box 320 Carlisle PA 17013 PA Department of Public Welfare Bureau of Child Support Enforcement 1303 North 7th Street Harrisburg, PA 17105 Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 8018 Harrisburg, PA 17110-8018 PA Department of Revenue Bureau of Compliance Sheriff Sale Section P.O. Box 281230 Harrisburg, PA 17128-1230 PA Department of Revenue Bureau of Compliance 7th Floor, Strawberry Square Harrisburg, PA 17128 The Internal Revenue Service 1000 Liberty Ave., Room 704 Pittsburgh, PA 15222 Commonwealth of Pennsylvania Department of Revenue Strawberry Square Harrisburg, PA 17128 PA Department of Revenue Inheritance Tax Division P.O. Box 280601 Harrisburg, PA 17128 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. Section 4904 relating to unsworn falsification to authorities. Date: April 24, 2014 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Kris -n D. Little, Esquire Attorney for Plaintiff Attorney I.D. No. 79992 • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ? Sheriff Batt+ vt aiartf", 1 li ri # ' U !}�i of Jody S Smith Chief Deputy r ti JUL 2 1 AM ' 4 9 Richard W Stewart r Solicitor CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. Dominic J Oliveri (Deceased) (et al.) 2013-2461 SHERIFF'S RETURN OF SERVICE 03/26/2014 11:35 AM-Deputy Tim Black, 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 235 Bobcat Road, Lower Frankford-Township, Carlisle, PA 1713, Cumberland County. 06/04/2014 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 June 04, 2014 at 10:00 a.m. He sold the same for the sum of$44,000.00 to Wayne and Eunice Halteman, 46 Hickory Drive, Newville, PA 17241, being the buyer in this execution, paid to the Sheriff the sum of$ 07/17/2014 Distribution of Schedule as Proposed SHERIFF COST: $2,220.83 SO ANSWERS, July 17, 2014 RONf�R ANDERSON, SHERIFF 06 F1 . dei _ . sa 41 ff. 464i �i224y All 13 e 7 gee, anent:`. .eh;,scf<..:r,c On March 11, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Lower Frankford Township, Cumberland County, PA, Known and numbered as, 235 Bobcat Road, Carlisle, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 11, 2014 By: f 1 pp () Real Estate Coordinator • LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-2461 Civil Term Wells Fargo Bank, N.A. vs. Dominic J. Oliveri(Deceased) Sonya H. Oliveri(Deceased) Atty.: Barbara A. Fein ALL that certain tract of land with the improvements thereon erected situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the Township Road, Legis- lative Route T - 451 at the comer of property of John H. Wingert; thence along the latter, North 7 degrees 26 minutes West 250 feet to an iron pin; thence along same property of Harold D. Lindsey, Jr. North 73 degrees 29 minutes West 544.57 feet to an iron pin; thence along property of Edgar D. Bartels North 9 degrees 30 min- utes East 573 feet to a stake;thence along the same, North 14 degrees 38 minutes East 133 feet to a stake; thence along property of Richard C. Parr, et ux, South 79 degrees 17 minutes 10 seconds East 327.21 feet to a stake;thence still along the same, South 7 degrees 26 minutes East 1039.16 feet to a spike in the center of the aforesaid road; thence along the latter,South 79 degrees 45 minutes West 30 feet to a spike, the place of BEGINNING. CONTAINING 7.761 acres accord- ing to a survey of Thomas A.Neff,RS dated December 3,1970. BEING the same premises which Sonya H. Oliveri and Dominic J. Oli- veri,Wife and Husband,granted and conveyed to Sonya H.Oliver,by Deed dated March 27,2007,.and recorded in the Office of the Cumberland County Recorder of Deeds on March 28,2007,in Deed Book Volume 279, at Page 1544. BEING Known as 235 Bobcat Road, Carlisle,PA 17013. Tax Parcel No. 14-04-0383-062. 89 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: April 18, April 25 and May 2, 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. .,- \,),),,,‘_., ),,A, Lisa Marie Coyn , Editor V SWORN TO AND SUBSCRIBED before me this 2 da of May, 2014 ille. _,_...,1_,./... 4.( // / , • Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE KORO.,CUMBERLAND CNTY My Commission Expires Apr 28,2018 The Patriot-News Co. 2020,Technology Pkwy e atflOt 'NtWS 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 2013.2461 Civil Term Commonwealth of Pennsylvania, County of Dauphin} ss wells Fargo Bank,N.A. Vs. y sworn according to law, deposes and says: Dominic J Oliver! (Deceased) :,ontroller of The Patriot News Co., a corporation organized and existing under the laws of the Sonya H Diked(Deceased) with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Atty:Barbara A Fein" Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday ALL that certain tract o,f land with .ral circulation, printed and published at 1900 Patriot Drive, in the City, County and State the improiements thereon erected and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, situate inibwerFrankford'lbwnship, ntinuously published ever since; Cumberland County, Pennsylvania, publication which is securely attached hereto is exactly as printed and published in their regular boun• ECrdeda d lgata poined t s in tboe Meekly editions which appeared on the date(s) indicated below. That neither she nor said �at a point in the center of the Township Road, Legislative act matter of said printed notice or advertising, and that all of the allegations of this statement as • Route T - 451 at the corner of f publication are true; and property of John H.Wingert;thence owledge of the facts aforesaid and is duly authorized and empowered to verify this statement on along the fatter,North 7 degrees 26 minutes West 250 feet to an iron pin; oresaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the thence alongsame property ofHarold rs of the said Company and subsequently duly recorded in the office for the Recording of Deeds D.Lindsey,Jr.North 73 degrees 29 in Miscellaneous Book"M", Volume 14, Page 317. minutes West.544.57 feet to an iron pin;thence along property of Edgar D.East 57ls3feeth9da degrees 0 thences This ad ran on the dates shown below: East 573 feet to a stake; . date(s) along the same, North 14 degrees 04/13/14 38 minutes East 133 feet to a stake; thence along property of Richard 04/20/14 C. Parr, et ux,South 79 degrees 17 minutes 10 seconds East 327.21 feet 04/27/14 to a stake;thence still along the same, voirr South 7 degrees 26 minutes East 1039.16 feet to a spike in the center of the aforesaid road;thence along the latter, South 79 degrees 45 minutes West 30 feet to,a spike,the place of S • nI - d subscribed before m- is 02 day of Ma , 2014 A.D. BEGINNING. • CONTAINING 7.761 acres according f to a survey of Thomas A: Neff, RS ' ` dated December 3,1970. _ r A BEING the. same premises which •tary Public Sonya H. Oliveri and Dominic J. Oliveri, Wife and Husband,granted and conveyed to Sonya H. Oliver, by Deed dated March 27, 2007, COm : ?'ra r�r P 'NN;U¢v>,NA?: Land recorded in the Office of the Cumberland County Recorder of Deeds n March 28,2007,in Deed Book Volume 279,at Page 1544,• a BEING known as 235 Bobc t'I oad, M+N, , Carlisle,PA 17013 'Pax Parcel'No.14-04-)383-062 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 Wayne & Eunice Halteman is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 7th day of March, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 2461, at the suit of Wells Fargo Bank, NA as Trustee of Cert Holders of Securitized Asset Backed Receivables LLC Trust 2004-DO1 against The Estate of Sonya H. Oliveri, Deceased is duly recorded as Instrument Number 201415703. IN TESTIMONY WHEREOF, I have hereunto set my hand and al of said office this pZ/ day of Aa f' , A.D. 9 D/ i s, ,, ,4 9-, I1/ Recorder of Deeds ..... .' of Deeds,Cumberland County,Carlisle,PA My C, ission Expires the First Monday of Jan.2018