HomeMy WebLinkAbout08-02-13 r r
THE LAW OFFICES OF BARBARA A. FEIN, P.C. LOBAF File No. 13-17319
Barbara A. Fein, Esquire/ID No. 53002
721 Dresher Road, Suite 1050
Horsham,PA 19044
(215) 653-7450
REGISTER OF WILLS FOR
In re: SONYA H. OLIVERI, CUMBERLAND COiJNTY, PA
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This Petition, filed by The Law Offices of Barbara A. Fein, P.C., on behalf of 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, the
foreclosing mortgagee prosecuting a Civil Action -- Mortgage Foreclosure filed in Cumberland
County Court of Common Pleas Docket No. 13-2461 Civil,entitled WELLS FARGO BANK,N.A.,
as Trustee,on behalf of the Certificate Holders of Securitized Asset Backed Receivables,LLC Trust
2004-DO1,Mort�a�e Pass-Through Certificates, Series 2004-DO1 v. Dominic J Oliveri and Sonya
H. Oliveri, respectfully submits that:
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1. This Petition is submitted to the Cumberland County Register of Wills' under O.C.
Local Rule 10, et seq. Specifically at Local Rule 10.1-5, "...a citation shall be awarded directing
all parties in interest, including those not represented on the record, to show cause why the matter
certified should not be determined on the hearing date or why the Register should not be directed to
certify the record to the Court or why the appeal should not be sustained and the judicial act or
proceeding complained of be set aside, all of which sliall be returnable fifteen days after service."
2. (a) Title to real property identified as 235 Bobcat Road, Carlisle, Cumberland
County, Pennsylvania 17013 (hereinafter referred to as the "Bobcat Road Property") vested with
Dominic J. Oliveri and Sonya H. Oliveri,Husband and Wife,by virtue of a Deed dated January 26,
2004,and recorded with the Cumberland County Recorder of Deeds on February 23,2004,in Record
Book 261, Page 3853. A copy of the recorded Deed is appended hereto and incorporated herein
by reference as Exhibit"P-1".
(b) On January 26, 2004, Dominic J. Oliveri and Sonya H. Oliveri, Husband and Wife,
borrowed the sum of$85,600.00 from Decision One Mortgage Company, L.L.C., executed a Note
evidencing same, and gave the Lender a mortgage against the Bobcat Road Property. Appended
hereto and incorporated herein by reference collectively as Exhibit"P-2"are copies of the Mortgage
and Note cited herein.
(c) By Deed dated March 27, 2007, as recorded with the Cumberland County Recorder of
Deeds on March 28,2007,title to the Bobcat Road Property was transferred without the knowledge
or permission of the Mortgagee from the Oliveris as Tenants-by-the-Entireties into Sonya H.Oliveri
alone. This conveyance violated the"Due-on-Transfer"clause of the Mortgage above described.
A copy of this recorded Deed is appended hereto and incorporated herein by reference as Exhibit"P-
3".
3. (a) Upon information and belief, Petitioner was notified that the aforementioned
Dominic J.Oliveri died on December 19,2010. A certified copy of said Dominic J. Oliveri's Death
Certificate has been requested but has not yet been received by undersigned Petitioner. Upon receipt
of same, a redacted copy will be sent to the Register of Wills as a supplement to this Petition, and
shall be identified as Exhibit"P-4".
(b) Exhibits "P-5" and "P-*" referenced herein below also attest Dominic J. Oliveri's
having pre-deceased Sonya H. Oliveri. Line 10 of her own Death Certificate (Exhibit "P-5")
identifies her as a Widow at the time of her demise. And her Obituary(Exhibit"P-7") states that
the was "preceded in death" by three husbands, the last of which is identified as said Dominic J.
Oliveri.
(c) No Estate has been probated for decedent Dominic J. Oliveri.
4. (a) The aforementioned Sonya H. Oliveri died on Apri125, 2012, as evidenced by her
Death Certificate No. 039980 as generated by the Pennsylvania Department of Vital Statistics, a
redacted photocopy of which is appended hereto and incorporated herein by reference as Exhibit"P-
5".
(b) This Petitioner consulted with the Cumberland County Register of Wills' Office and
confirmed that no estate has been probated for Decedent, Sonya H. Oliveri.
, �
5. In the process of investigating the Defendants'whereabouts,after canfirming that both
had passed,tne foreclosing mortgagee undertook steps to identify arid/or contact the Heirs-at-Law
ta ascertain haw they intend ta proceed with respect to prabating Sanya H. Oliveri's esta.te.
Foreclosing caunsel received correspandence from Roger B.Irwin,Esquire,associated with the Law
Offices of Irwin&McKnight,on behalfof Sonya Oliveri's daughter. A copy ofthis correspondence
is appended hereta and incorporated herein by reference as Exhibit 44P-5".
6. Decedent Sonya H. C?liveri's online obihzary appended hereto and incarporated herein
by reference as Exhibzt"P-7'" states that:
{a} She was preceded in death by three {3� husbands, the mast recent one being the
aforementioned Dominick 0liveri; arid
�b} She was survived by three {3} children: Juanita E. Cahick {of Carlisle}; Belinda
Womack(Bruce) {of Henderson, Texas} ; a�d Va�erie Keeseman{of Carlisle).
7. Pursuant ta Line 1'7 on the Decedent's Death Certificate, the Hoffman-Roth Funeral
Home attended tc� the disposal of Sc�nya H. t�liveri's bodily remains. Petitioner consulted with a
staff person affiliated with the Haffman-Roth Funerai Hame who examined their file. It contairts
na information suggesting that Decedent Sanya H,t7liveri was survived by any other Heirs-at-Law.
8. Petitioner's interface with Attorney Irwin confirms that the Decedent's Heirs-at-Law
do not intend ta�robate an estate on behalf of Decedent Sonya H. Oliveri.
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9. Petitioner believes,and therefore avers,that the Decedent,Sonya H.Oliveri,is survived
by three adult children, specifically:
(a) Juanita E. Cohick who resides at 239 Bobcat Road, Carlisle, PA 17015 ;
(b) Valerie Keeseman who resides at 235 Bobcat Road, Carlisle, PA 17015 ; and
(c) Belinda Womack (also identified as Belinda Kay Randall), having two alternative
residentiaUmailing addresses,those being 905 NE Tortoise Drive,Apt. B, Lawton,
OK 73507-1745 and P.O. Box 1842, Henderson, TX 75653-1842.
10. As stated under Paragraph 2 of this Petition, the mortgage obligation due to this
Petitioner fell contractually delinquent on July 4, 2007.
11. According to the verified Mortgage Foreclosure Complaint,the sum necessary to satisfy
the mortgage obligation in full, effective May 31, 2013, exceeded $141,000.00.
12. "A dead man cannot be a party to an action,and any such attempted proceeding against
him is completely void and of no effect." See,e.g., See,e.g., Custren v. Curtis, 392 Pa. Super. 394
(1990); Thompson v.Peck,320 Pa.27, 181 A.597(1935),quoted with approval in Longo v.Este�,
289 Pa.Super. 19, 432 A.2d 1029, 1030 (1981). A defect of this type cannot be corrected by
substituting the decedent's personal representative because there is no "pending action." See,
Ehrhardt v. Costello,437 Pa. 556,264 A.2d 620(1970). The only recourse in such situations is file
suit against the decedent's estate or personal representative. Valentin v. Cartegena, 375 Pa.Super.
493, 544 A.2d 1028 (1988).
13. Where the family has neglected to probate an estate for a Decedent or where the family
for reasons of its own determines it is not prudent or is financially disadvantageous to it to probate
an estate on behalf of the Decedent,20 Pa. Cons. Stat. §901,et als,provides a remedy and direction
to any interested party. Specifically the provision states that, "Within the county for which he has
been elected or appointed, the register shall have jurisdiction of the probate of wills, the grant of
letters to a personal representative, and any other matter as provided by law."
14. In its capacity as the mortgagee seeking to foreclose on the mortgage now in default,
it cannot proceed until such time as a Personal Representative over the Decedent's Estate is
appointed by the Register of Wills. This Petitioner believes and therefore avers that it meets the
statutory definition contemplated under 20 Pa. Cons. Stat. §901.
15. Inasmuch as none of the Decedent's relatives have stepped forward seeking issuance
of Letters of Administration on behalf of their late mother's estate,this Petitioner seeks issuance of
a Citation
WHEREFORE,this Petitioner respectfully requests that a single Citatian be issued to a11 of
the following individuals here belaw named, after providing some forrn af evidence as to their
genuine identity and their familial relationship ta the Decedent,Sonya H.t7liveri,ta show cause why
this Petitioner ar its Nominee should not be granted Letters of Administration for litigatir�n purpvses
vnly: Juanita E. Cohick; Valerie Keeseman ; and Belinda Womack aJk/a Belinda Kay Randall.
Respectfully Submitted, .
THE LA�N C}FFICES OF BARBARA A. F ,P.C.
BY:
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Barhara A. Fein, Esquire
Attorney far the Petitianer
Attarney ID No. 53002
721 Dresher Road, Suite l OS0
Horsham,PA 19044
(215) 653-7450
Augu�t 1, 2013
EXHIBIT "P-1"
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THIS DEED :��,:�;:�-�; �� aE��s.
�_i:t.�r,D COUNTY-� '
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Made the 'Y� of !�'1LC�' in the yeaz 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.Oljveri,husband and wife of Cazlisle,
Cumberland County and State of Pennsylvania
GRANTEE(S)
WIT'NESSETH,that in consideration of ONE($1.00)DOLLAR(S),in hand paid,the
receipt whereof is hereby aclrnowledged;the Grantor(s)do hercby 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,Pennsyivania,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 Hazold 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 t 4 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 1]-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.I.N 12-08-03
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TffiS TRANSFER IS I{'RUM WIF'E Ta�TUSBAND ANL�WIF�,TREREFORE,IT
IS EXEMPT FROM REALTY TRANSFER TAX,
Subject ta a31 thc condirions,restrictians and reservatians 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 hereunta set their hands and seals the
day and first year above writtett.
�igned,Seale�l and Delivered
In the Pzesence of
C����?;�- -'",-�� ��_ �r ���'y--....-.
Vitness Sonya.���liveri
�oox 261 pac�3854
COhIMQNWEALTFI OF PENNSYLVAN�A :
SS.
cocrraTY oF �u2.� .
On this,the �Dt�day of��A.D.20Q4 beforo me,
a Notary Pub2ic,the undersigned a�cer,personally a�tpeared Sonya Fi.4livers known to
me(or satisfactorily proven)to the persons whase names are subscribed to the within
instruYnent,and aclrnawledged that thay executed the same for the puxposes therein
aantained.
IN WITNESS T�IEREOF,I hcreunto set my hand and official seal.
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NOT RlAL SEAL
GHRtSi1NE R.7UFT8,NOTARY PUBUC
CITY OF WfLXES-BARRE,IUZERNE CO.,PA
NY CUMMISSION EXPIiiES MARCN 25 ZDOfr
I hereby Certify that the precise address of the Grar►tee{s)is:
c�35" ,C�bCoc.,'1`` 1C�ot,,
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, �,;�d Caunty PA
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�;ecorder af De���
B�UK ���. PAGE�E��S
EXHIBIT "P-2"
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After Recording Return To: j ;.`' �3 �il�� 11 �!
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Decision One Mortgage Company,LLC
6060 J.A.Jones Drive,S�ite 1000
Chazlotte,North Carolina 28287
[Space Above Tdis Line For Recording I)eta]
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 niles regazding the usage of words used in this document are also provided in
Section 16.
(A) "Security InstrumenN' means this document, which is dated JANUARY 26, 2004,together with all
Riders to this document.
(B) "Borrower" is SONYA H OLIVERI AND DOMIMC J OLIVERI.Borrower is the mortgagor under
this Security Instiument.
(C� "MERS" is Mortgage Elecuonic Registration 3ystems,Inc. MERS is a sepazate coiporation that is acting
solely as a nominee for I.ender and Lender's successors and assigns. MERS is the mortgagee under this
Security Instrument. MERS is organized and existing under the laws of Delawaze,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 LIlI9TED LIABII.ITY COMPANY
organized and existing under the laws of NORTIi CAROLINA. Lender's address is 6060 J.A.JONES
DRIVE,SUITE 1000,CHARL0ITE,NORTH CARpLINA 28287.
(E) "Note" means the proatissory note signed by Borrower and dated JAN[JARY 26,2004.The Note states
that Bonower owes Lender EIGH1'Y-FIVE THOUSAND SIX IIIJNDRED AND 00/100ths Dollazs
(U.S.$85,600.00) plus interest. Sorrower has promised to pay this debt in regular Periodic Payments and to
pay the debt in full not later than FEBRUARY 4,2034.
(� "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.
PENNSYI.VANIA-Single Family-Fanoie Mae/Frcd�e Mx UNIFORM 1NSfRUMENT Form 3039 1/Ol (page 1 of 19 pages)
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(� "Riders" means all Riders to this Security Instrument that aze executed by Borrower. 7'he following
Riders aze to be ezecuted by Borrower[check box as applicable]:
�Adjustabk Rate Rider ❑Condominium Rider ❑Second Home Rider
OBalloon Rider ❑Planned Unit Development Rider �Other(s)F7oor Rate Rider
❑1-4 Family Rider �Biweekly Payment Rider
(p °nppucable Lsw^means all conaolling applicable federal,state and local statutes,regulations,ordinances and
administrative niles and orders (that have the effect of law) as well as all appticable final,non-appeaiable
judicial opinions.
(.n "Commuaity Associat3on Dues, Fees, and Assessments" means all dues,fees,assessments and other
charges that are imposod on Horrower or the Properiy by a condominium association,homeowners association
or siatilar organization.
(K) "Electronic Flmds Transfer" means any Iransfer of funds,other than a transaction originated by check,
draft, or similar paper iastrument, which is initiated through an electronic tenninal,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 talephone,wice transfecs,and automated clearinghouse transfers.
(L) "Escrow Items"means those items that are described in Section 3.
(A� "Miscellaneous Proceeds" means any compensation,settlement,awud 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) condetnnation or otha taking of all or aay part of the Property;(iii)
conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, We value and/or
condition of the Property.
(1� "Mortgage Insurance" means insurance protecting Lender against the nonpayment of,or default on,the
I.oan.
(0) "Periodic Payment" means the regulaxly scheduled amount due for(i)principal and interest under the
Note,plus(ii)any au�unts under Sxtion 3 of this Securiry Instrumeat.
(P) "ItESPA" means the Real Estate Settlemen[ 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 arnended from time to time,or
any additional or successor legislation or regulation that govems the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and mstrictions that aze imposed in regard to a
"federally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage loan"under
RESPA.
(� "Successor in Interest of Borrower"means any party t6at has taken title to the Property,whether or not
thaz 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)che performance of Borrower's covenants and agreements under this Security
Instrument and We Note. For this purpose, Boaower does hereby mortgage, grant and convey ro 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"
PEWNSYLVANIA-Single Family-Fazmie Mne/Fred�e Mx U1VIFORM INSCRUI�1vT Form 3039 I101 (page Z of 14 pages)
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Tax Parcel Ideatilcation Number:14-04-0383-062
which currenUy has the address of 235 BOBCAT ROAD
[StreecJ
CARLISLE ,Pennsylvania 17013 ("Property Address"):
[Ciry] [Zip Code]
TOGETHER WITH ail the improvements now or hereafter erected oa the property,and ail easements,
appurtenances, and fixtures now or hereafter a part of the property.All replacemrnts and addidons shall also be
covered by chis Security ]nstnunent. All of tha foregoing is referred w in this Security Instrument as the
"Property." Borrower understands and agrees that MERS holds only legal title to the interests graated by
Borrower in t6is 3ecurity Instntment,but,if necessary to comply with law oz custom,MERS(as nomince for
Lender and Lender's successors and assigns)has the right:to exercise any or all of those interests,including,
but not liatited to, the right to foreclose and sell the Property; and to take any action required of Lender
including,but not lunited to,releasing and canceling this Security Instruroent.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to �rtgage, grant aad convey the Property and that the Property is unencumbered, except for
encumbrancrs of record.Borrower warrants and will defead generally the title to the Property against all ciairns
and demands,subject to any encumbrances of racord.
THIS SECURITY INSTRUMENT combines uniform wvenants for national use and non-uniform
covrnants with limited vaziations by jurisdiction to constituu a uniform securiry instrument covering real
property.
UNIFORM COVENANTS.Borrower and Lender covenant and agree as fotlows:
1. Payment of Principal,Tnterest,Fscrow 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
chazges and late chazges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to
Section 3. Payments due under the Note and this Security Instniment shail be made in U.S.currency.
However, if any check or o�her instrument received by Lender as payment under the Note or this Security
Instrument is returned to Lender unpaid,Lender may requite that any or all subsequent payments due under the
Note and this Security Instrument be made in one or more of the foUowing forms,as selected by Lender:(a)
cash; (b) money order;(e)certified check,bank check,treasurer's check or cashier's check,provided any sueh
check is drawn upon an institution whose deposits aze insured by a federal agency,instrumentality,or entity;or
(d)Electronic Funds Transfer.
Payments aze deemed received by Lender when received at the Socation 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 returo any payment or partial payment if the payment or partial payments aze insufCicient to bring lhe Loan
wrrent. Lender may accept any payment or partial payment insufficient to briag 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. [f each
Periodic Payment is applied as of its scheduled due date,then Lender need not pay interest on unapplied funds.
PENNSYLVANIA-Single Family-Fannte Mae/Freddie Mx UMFORM iNSI'RUMENf Form 3039 1/Ol (pnge 3 of 14 pages)
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I.ender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower
does not do so wiWin a reasonable period of time, Lenda shall either apply such funds or return them to
Borrower. If not applied earlier,such tunds will be applied to the outstanding principal balance under the Note
immediately prior to foreclosum. No offset or claim which Borrower might have now or in the tt�ture against
Lender s6a11 relieve Borrower from malcing payments due under the Note and this Security Instrument or
performing the covenants and agreements secured by this Security Instrument.
2. Apptication of Yayments or Proceeds.Except as otherwise described in this Section 2,all payments
accepted and applied by L.ender shall be applied in the followiug order of priority: (a)interest due under t4e
Note; (b) principal due undec 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 chazges, 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 chazge due,the payment may be applied to the delinquent payment aod the late charge.
If more than one Periodic Payment is outstanding,Lender may apply any payment received from Bonower to
the repayment of the Periodic Paymenta if, and to the extent that,each payment can be paid in full. To the
extent that any excess ezists 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 fitst 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 aznount,of the Periodic Payments.
3.Funds for Fscrow Items.Borrower shall pay to I.ender on the day Periodic Payments aze due under the
Note, until the Note is paid in fiill,a sum(the"Flinds")to pmvide for payment of amounts due for:(a)taxes
and assessmettts and other items which can attain priority over this Security Instntment as a lien or encumbrance
on the Property; (b) leasehold payments or ground rrnts 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 Boaower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the
provisions of Section 10. These itecns are called"Escmw Items." At origination or at any time during the term
of the Loan, Lender may require that Cott¢aunity Association Dues, Fees, and Assessments, if any,be
escrowed by Borrower,and such dues,fees and assessments shall be aa Escrow Item. Borrower shall promptiy
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 Boaower's obIigation to pay the Funds for any or all Escrow Items.
Lender may waive Boaower's obligation to pay to Lender Funds for any or all Fscrow Items at any time. Any
such waiver may only be in writing. In the event of such waiver,Bonower shall pay directly,when and where
payable, the amounts due for any Escmw Items for which payment of Funds has been waived by Lender
and, if I.ender requires, shall furnish to Lender receipts evidencing such payment within such time period as
Lender may require. Bonower'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 Securiry Instmment,as the phrase
"covenant and agreement"is used in Section 9. If Bonower is o6ligated 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
5ection 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 Se�tion 15 and, upon such revocation,Borrower shall pay to Lender ali Funds,and in such
amounts,that are thea required under this Section 3.
Lender may, at any time,collect and hold Funds in an amount(a)sufficient to pemvt I.ender 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.
PENNSYLVADIIA-Single Family-Fande MadFYeddie Mac UNIFORM INSTRLfMENT Form 3039 1/Ol (pnge 4 of 14 pages)
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The Funds shall be held in an institudon whose deposits aze insured by a federal agency,instnunentality,
or entity (including I,ender, if I.ender is an institution whose deposits aze so iasured)or ia any Federal Home
L.oan Bank. Lender shall apply the Funds to pay the Escrow Iteros no Ista thsn the time specified under
RESPA. L.ender shall not c6arge Borrower for holding and applying the Punds,annually analyzing the escrow
account,or verifying the Escrow Items,unless Lender pays Borrower interesc on the�s and Applicable Iaw
permits Lender to make such a cbazge. Unless an agr�ment is rnade in writing or Applicable L.aw requires
interest to be paid on the Funds,I.ender shall not be required to pay Bocrower any interest or earnings on the
Funds. Borrower and I.ender can agree in writing,however,that interest shall be paid on the Funds. Lender
shall give to Bonower,without charge,an annual accounting of the F�nds as required by RESPA.
If there is a suiplus of Funds held in escrow,as de£med under RESPA,Lender shall account to Borrower
for the excess fitnds 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 Boaower shall pay to Lender the
amount necessary to make ap the shortage in accordance with RESPA, but in no more than 12 montkily
payments. If there is a deficiency of Funds heid ia 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 ttian 12 monthly payments.
Upoa paymettt in full of aIl sums secured by this Security Instrument,I.endec shall prompdy refund to
Borrower any Punds held by Lender.
4. Charges; Liens.Borrower shall pay aU taxes,assessments,charges,fines,and impositions attributable
to the Property which can attain priority over this Security[nstrument,leavehold payments or ground rents on
the Property,if any,and Cocnmuniry Association Dues,Fees,and Assessmmts,if any. To the extent that these
items are Escrow Items,Borrower shall pay them in the mwner provided in Section 3.
Boaower shall prompdy dischazge any lien which has priority over this 5ecurity Instrumen[unless
Borrower: (a) agrces in writing to the payment of the obligation secvred by the lien in a manner acceptable to
Lender, but oniy so long as Bonower 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 operaze to prevent the
enforcement of the lien while those proceedings aze pending,but only until such proceedings are concluded;or
(c)secures from the holder of ttie lien an agreement satisfactory to Lender subocdinating the lien to this Security
[nstnunent. If I.ender deterarines that any part of the Property is subject to a lien whic6 can a►tain 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 forit►above
in this Section 4.
Lender may require Borrower to pay a one-time chazge 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 thaz Lender
requires. What L.ender 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 chazge for flood mne determination,certification
and tracking services; or (b) a one-time chazge for flood zone determinauon and certification services and
subsequent chazges each time remappings or similaz changes occur which reasonably might affect such
de[emvnation or certification. Bonower shall also be responsible for the payment of any fees imposed by[he
Federal Emergency Maaagement Ageacy in connection with the review of any flood zone determination
resulting from an objection by Borrower.
PBNNSYLVAN[A-Single Family-Fannie MadF7edrlie Mac IJNIFORM INSTRUMENT Fornt 3039 1/Ol (page S of 14 pages)
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If Borrower fails tp maintain any of the coverages described above,I.ender may obtain iacurancr coverage,
at Lender's option aad Borrower's expense. l.ender is under no obligation to purchase any paniculaz type or
a�unt of coverage. Therefore, such coverage s6a11 cover Lender,but might or might not protect Borrower,
Borrower's equity in the Property, or the conunts of the Property,against any risk,6a�ard or liabiliry and
might pmvide greater or lessu covecage thaa was p�eviously in effect. Borrower acknowledges tt►at tl�e cost of
the insurance coverage so obtained might significandy exceed the cost of insurance that Borrower could 6ave
obtained. Any amounts disbursed by Lender under this Section 5 shall becotpe additional debt of Borrower
secured by this Security Instrument. 73ese amounts shall beaz 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 reaewals of such policies shall be subject to L.ender'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, Boaower s6all protnptly give to Lender all receipts of paid pmniums and renewal notices. If
Borrower obtains any form of insurantx coverage, not otherwise required by Lrnder, for damage tq or
destrucdoa of, the Properry, such policy s6a11 include a standazd mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payce.
In the event of loss,Borrower shall give prompt notice to the insurance carrier and L.ender. Lender may
make proof of loss if not made promptly by Bonower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, w6ether or not the undedying insurance was required by Lender,shall be
applied w restoration or repair of the Property,if the restoration or repair is economicalty feasible and I.ender's
security is not lessened. During such repair and restoration period,I.ender shall have the right to hold such
insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has beea
completed to Lsnder's satisfaction, provided that such inspection shall be undertalcen prompUy. Lender may
disburse prceeeds for the repairs and restorazion in a single payment or in a series of pmgress payments as the
work is completed. Unless an agreement is made in writing or Applicabte I,aw requires interest to be paid on
such insurance procceds, I.ender shall not be required to pay Borrower any interest or eaznings on such
proceeds. Fees for public adjusters, or other third parties,retained by Borrower shail not be paid out of the
insurance ptoceeds and shall be the sole obligation of Bonower. 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 Securiry 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 Bonower abandons the Property,Lender may file,negotiate and setUe any available insurance claim and
related matters. If Bonower does not respond within 30 days to a notice from Lender that the insvrance carrier
has offered to settle a claim, then L.ender 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 othenvise,
Borrower hereby assigns to Lender(a)Borrower's rights to any insurance proceeds in an amount not to exceed
the arnounts unpaid under the Note or this Security Insuument,and(b)any other of Bottower's rights(other
than the right to any refund of uneamed premiums paid by Boaower)under all insurance policies covering the
Property, insofar as such rights aze applicable to the coverage of the Property. Lender may use the insurance
proceeds eitAer to repair or restore the Property or to pay amounts unpaid under the Note or this Security
[nstrument,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 Inst�ument and shall continue to occupy the Property as
Borrower's principal residence for at least one yeaz after the date of occupancy,wiless 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-Famie MaelFl�edd;e Mac i1NIFORM INSTRUhtENT Form 3039 1/Ol (page 6 of 74 pages)
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7. Preservation, Maintenance and Protection oI the Property;Iospectioas.Borrower shall not desuoy,
damage or impair the Property,allow the Property to deteriorate or commit waste on the Propaty. Wluther or
not Borrower is residing in the Property,Borrower shall maintain the Property in order to pcevent 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 fiuther deurioration or damage. If insurance or coademnation proceeda aze paid in connection with
damage to, or the taking of,the Property,Borrower shatl be responsible for repairing or restoring the Properly
only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and
rescoration in a single payment or in a series of progress payments as the work is completed. If the insurance
or condernnation proceeds are not sufficient to repair or restore the Property,Borrower ia not reiieved of
Borrower's obligation for the completioa of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, l.ender may inspect the interior of the improvements on the Property. Lender shall give
Bonower notice at the time of or prior to such an interior inspection spxifying such reasonable cause.
8. Borrower's Loan Appllcation. 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 informadon or statements to L.ender(or failed to
provide Lender with material infom�ation)in connection with the Loan. Material representations inciude,but
are not liauted to, representations conceming Borrower's occupancy of the Property as Borrower's principal
residence.
9. Protection ot Lender's Interest in the Property and Rights Under this Security Inslrument.If(a)
Borrower fails to perform the covenants and agreements contained in this Security Instrumen[,(b)there is a
legal proceeding that might significanUy affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceediag in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Securiry Instrument or to enforce Iaws or regulations),
or (c} Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable ot
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
acdons can include, but aze not limited to:(a}paying any sums secured by a lien which has priority over this
Security Instnunent (b) appearing in court;and(c)paying reasonable attomeys'fees to protect its interest in
the Property and/or rights under this Security Insuument, including its secured posidon in a bankruptcy
proceeding. Securing tbe Property includes,but is not liraited to,entering the Property to make repairs,change
locks, replace or boazd 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 dces 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 Secaon 9 shall become additional debt of Borrower secured
by this Securiry Instrument. These amounts shall beaz interest at the Note rate from the date of disbursement
and shall be payable,with such interest,upon notice from Lender to Bonower requesting payment.
If this Security Instrument is on a]easehold,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-Fennie MadFY�eddte Mac iJNIFORM INSCRUhIf:NT Form 3039 1/Ol (page 7 of 14 pagesJ
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10. Mortgage Insurance. If I.eader required Mortgage Insurance as a condition of making the Loan,
Borrower shaU pay the premiuma required to maintain Ux Mortgage Insurance in effect. If,for any reason,the
Mortgage Insurance coverage required by Lender ceases to be available from the awrtgage insurcr that
previously provided such insurance and Borrower was required to make separauly designated payments toward
the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the MoRgage Insurance previously ia effect,at a cost substantially equivalent to the
cost to Borrower of the Mongage Insurance previously in effect,from an alternau mortgage insurer selected by
Leader. If substaatially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to
pay to Lsader the amount of the separately designated paya�ents that were due when the insurance coverage
ceased to be in effect. I.ender will accept,use and retain these payments as a non-refundable loss reserve in
lieu of Mortgage fnsurance. Such loss reser�+e shall be non-refundable,notwithstanding the fact that the Loan is
ultimately paid in full> and I.ender shall not be required w pay Borrower any interest or eamings on such loss
reserve. Lender can no longer require loss reserve paynxats if Mortgage Insurance coverage(in the amount
and for the period that Leader requires)provided by an insurer selected by L.ender again becomes available,is
obtained, and Lsnder requires separately designated payments roward the premiums for Mortgage Insurance. If
Lender required Mortgage Insurance as a condition of making tbe Loan and Borrower was required to make
separately designated payments towazd the premiums for MoRgage Insurance,Borrower shall pay t6e premiuzns
required to maintain Mortgage Insurance in effect,or to provide a non-refundable loss reserve,until I.ender's
requiremrnt for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender Qroviding for such termination or until termination is required by Applicable Law. Nothing in this
Section 10 affects Bonower's obligation to pay interest at the rate pmvided 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 ins¢rers evaluate their total risk on all such insurance in force from time to time,and may enter
into agreements with other parties that shaze or modify their risk,or reduce losses.These agreements aze on
ternu 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[o make payments using any source of funds
that the mortgage insurer atay have available (which may include funds obtained from Mortgage Insurance
premiuma).
As a result of these agreements, Lender,any purchaser of ihe Note,another insurer,any reinsurer,any
other entity, or any affiliate of any of the foregoing,may receive(directly or indirectly)atnounts that detive
from (or might be c6aracterized 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 shaze of the insuter's risk in ezchange for a share of the premiwns paid to the
insurer,ffie arrangement is ofren termed"captive reinsurance."Further:
(a) Any such agreements will not aPfect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms oP the Loan.Such agreements wlll not increase the amount Borrower will
owe for Mortgage Insurance,and they will not entitle Borrower to any rePund.
(b) Any such agreemeuts will not affect the rights Borrawer has - i[ any -with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law.T6ese rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurauce, to have the Mortgage Insurance ternvnated eutomatically,and/or to receive a refund oP any
Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Mlscellaneous Proceeds;ForPeiture.All Miscellaneous Proceeds aze hereby assigned
to and shall be paid to I.ender.
PENNSYLVANIA-Single Family-FanNe MadFreddk Mac UN[FORM INS[1tl1ME]V'C Form 3039 1/Ol (page 8 of 14 pages)
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If che Prflperiy is damaged, sueh Misce2Sa�ous Procads shall bc applied to rrstoratioa ar repair of iht
Property, if @se restoration or npair is economicatty feasibie and L�der's sxurity is not iesseaed.During such
repair and restoration periad,Lender sl�all have the right to hold such Miacellanecrua Proceats until T.ender has
had an opportunity to inspect such Praperty to ensure the work has becn completed to Ix�tder's satisfaction»
provided that such inspectian skall be undertaken proca�tty. Lender may pay for t6e iepairs and restoradon ia a
single disbnrsement or in a series of progress payments as the wprk is wmpleted. CJoless an agrcement is made
in wriiing or Agplicable Law requires interest Eo be paid on such MisceUaneaus F'coceeds,La�er s6a2]not be
required to pay$arrower any interrst or eaznings on such Miscetlaneous Ptocads. If the restoratian or repair
is not economica(ly feasible or I.ender's security would be lesseaed, the MisGellaneous Procecds shall be
appiied ta the sucns secured by this Se�uriry Instnsme�tt,whether or not ihen d�,with tbe ezcess,if any, paid
to Borrower. Such Miscetianeous Proceecls shall be apptied in the order pmvided for in Sxtion 2.
In the event of a total taking, destruction,or loss in value of the Property,the Miscellaneous Proceeds
shaT2 � applie�i to the sums securcd by this Security Insttument,whether or not th�due,wictt she sxc�ss,if
any,paid to Bonower.
In the event af a partial taking,destruction,or loss in value of tbe Property in which tha fair mazket value
af the Property iurtnediateIy befose the parEisi taking,destruaion,or lass in va2ue is equal to or greatet thaa tht
aznount of the sums secured by this Security Fnstrument immediately before the partial taidng,desauctioa,or
loss in value, uniess Boapwer and I.ender atherwise agree in writing, ihe sums secured by this Security
Instrna�enc skall bt reduced by the amaunt of the Miscellsneous ProcePCIs multiplied bp tEse foIiawiog fr�tion;
(a) We total amount of the sums secured immediately befom the partial taking,destiuctiou,or loss in value
divided by(b�the fair market value of the Property immediately before the partia!taking,destcuction,or loss in
vatue. Azry balance shall be paid to Boaawer.
In the event of a paztial taking,destruction,or loss in value of the Property ut which the fair mazket valuc
of the Pmperty irontediately before Ehe partial taking,destruction,ar loss in vatut is ttss than the amouni of the
sums secured immediately before the partiat iaking,destruction,or loss in vatue,vntess Bocrower and Lender
ottterwise agree in writing, the Miscellaneous Proceetis shall be applied to the swns secut�ed by this Security
Instrument whether or not the sums are then due.
If tta Progercy is abandoned by Barrawer, or if,after notice by Lender to Borrower that the Oppasing
Party (as dafined in the nexk sentence)offers tp make�n award to settle a claim for damages,Borrower fails to
respond to Leader with'rn 30 days afrer the date the notice is given,Ixndes is authorized to cotlect and appty the
Miscellaneous Proceeds either to resurration ar repair of the Property ar to the sutns secuc�ed by this 5ecurity
Instnumen[, whether or not then due. "Opposing Party" means the third party that owes Borrower
Miseellaneous Proceeds or the party againsi whom Barrower has a right of action in regazd to Miscellaneous
Pre�ceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal,is begun that,in
Lender's judgment, couid resuit in forfeiture af the Praperty or ather materiai impairment af Leader's interest
in the Property or rights under this Sccurity Insttument. Borrower can cure such a default and,if acceleration
has occurred, reinstate as provided in Section 19,by causing the actlon ar proceediag to bc dismissed with a
ruling that,in Lender's judgment,prectudes forfeiture of the Praperey ar ather matcrial impaizsmeent vf I.ender's
interest in the Property ar rights under this Securicy Instrurnent. The proceeds of any award oi claim for
damages thak are attributabte ro the impairrneqt of Lender's interest in the Property aze hereby assigned and
shall be paid to I.ender.
Ali Misceilaneous Proceeds that aze aot applied to restoratian or repair of the Property shali be applied in
the arder provided for in Sectiap 2.
PENNSYLVA[dIA-Siogla Family-Faonie MselFreddie Mac UNIFC}Rhi t1YSfRUME�YT Focm 3039 1l82 (page 9 of 14 pag¢s)
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12. Borrow� Not Released;Forbearance By Lender Not a Waiver.Extension of the time for payment
or modificadon of amortization of the sums secured by this Security Instrument granted by Lender to Borrower
or any Sl�ccessor in Interest of Borrowa shaU not operatc to release the liabiliry of Bonower or any Successors
in lnterest of Borrower. Leader shaU aot be required to commeuce procadings against any Successor in
Interest of Borrower or to mfuse to extend time for payment or otherwise modify amortization of the swns
secured by this Security Instrumc�►t by ceason of any demand made by the original Borrower or any S�ccessors
in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including,without
1'unitation, L,ender's acceptance of paymenis from third pezsons,eniities or 5uccessors in Interest of Borrower
or in amounts less than the amount then due,shaU not be a waiver of or preclude the exercise of aay right or
remedy.
13. Joint and Several Liabtlity; Co-signers;Succegsors and Assigns Bound.Borrower covenants and
agrees thaz Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Sxurity Insuument but dces not execute the Note(a"co-signer"):(a)is co-signing this S�urity
Instrument only to mortgage, giant 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 L.ender and any other Borrower can agree to extend,modify,forbear or make any accommodations
with regard to the urms of this Security Instruu�ent or the Note without tt►e co-signer's consent.
S7tbject to the provisione of Section 18,any Successor in Interest of Borrower who assumes Borrower's
obligations under t6is Se�urity Inst[ument in writing,and is approved by Lender,shall obtain all of Borrower's
tights and benefits under this Security Inst�ument. Borrower shall not be released from Borrower's obligations
and liability under this Security Instrument unless I.ender agrces to such release in writing. The covenants and
agrcements of this 5ecurity Instrument shall bind(except as provided in Section 20)and benefit the successors
and assigns of Lender.
14. Loen Charges. Lender may charge Borrower fees for services performed ia connection with
Borrower's dafault,for the purpose of protecting Lender's interest in the Property and rights under t6is Security
Instmment, including, but not limited to,attomeys'fees,property inspection and valuation fees. In regazd to
any other fees,the absence of express authority in this Securiry InsWment to chazge a specific fee to Rorrower
shall not be construed as a prohibition on the chazging of such fee. Lender may not chazge fees that are
expressly prohibited by this Se�urity Instrument or by Appiicable I.aw_
If the Loan is subject to a law which sets maximum loan charges,and that{aw is finally interpreted so that
the interest or other loan chazges collected or to be collected in connection with the I.oan exceed the peimitted
limiis, 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. L,ender 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 wi11 be treated as a
partial prepayment without any prepayment charge(whether or not a prepayment chazge is provided for under
the Note). Borrower's acceptance of any such refuad made by direct payiuent to Borrower will constitute a
waiver of any right of action Bonower might have arising out of such overchazge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be
in writing. Any aotice to Bonower in connection with this Security[nstrument shall be deemed to have been
given to Borrower when mailed by first class mait 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. Bonower shall prompUy notify Lender of
Borrower's change of address. if Leoder 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-Famie MaelFreddie Mac UNIFORM[NSTRUI�NT Form 3039 1l01 (page 10 of 14 pages)
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desiguated notice address under this Security Instrument at any one time. Any notice to Lender shall be given
by delivering it or by mailing it by first class mail to Lender's address stated Itereia unless Lender has
designatod a�ther address by notia to Borrower. Any notice in co�nection with t6is Sccurity Instrumeni shalt
not be deetned to have been given to Lenda until actually rcceived by Lznder. 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 Instn�ment.
16. Governing Law;Severabillty;Rules of Consdvction.This Sacuriry Instiument shall be governad by
federal Law and the law of the jurisdiction in which the Property is tocated. A(I righta and obligations contained
in this Security Inatnunent are subject to any requirements and limitations of Applicable Law. Applicable Law
might explicidy or implicidy allow the pazties to agree by contract or it might be silent,but suc6 silence shall
not be constiued as a prohibition agaiast agree�nt by contract. In the event that any provision or clause of
this Sec:urity Iostru�nt or the Note conflicts with Applicabte 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 Inswment.
18. 1Yaasfer of the Property or a BeneTicial 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 transfened in a bond for deed, contract for deed, installmea►t 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 Boaower is so[d or uansferred)without Lender's prior written
consent, Lender may require immediate payment in full of atl sums secured by this Security Inscrument.
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
pmvide a period of not less than 30 days from the date the notice is given in accordance with Section I S 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 remodies pernritted by this Security Instrument
wichout further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration.If Borrower mee[s certain conditions,Borrower
shall bave the right to have enforcement of this Security Instrument discontinued at any tune prior to the eazliest
of: (a)five days before sale of the Property pursuant to any power of sale contained in this Security lnstrument;
(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 Instnunent. Those conditions are that Bottower:(a)pays
Lender all sums which then would be due under this Security lnstrument and the Note as if no acceleration had
ocwrred; (b) cures any default of any oWer covenants or agreemenu; (c) pays all expenses incurred in
enforcing this Security Instrument,including,but not limited to,reasonable attomeys'fees,pmperty inspection
and valuation fees, and other fees inwrred for the purpose of pmtecting Leoder's interest in the Pmperty 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 obligarion to pay
the sums secured by this Security Instrument,shalI continue unchanged. Lender may require t6at Boaower 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 Boaower,this Security Instrument and obligations secured
hereby shalF remain fully effective as if no acceleratiou had occurred. However,this right to reinstate shall not
apply in the case of acceleration under Section 18.
PENNSYLVANIA-Single Family-Fannk Mae/Freddie Mac IJNIFORM INSTRUh1ENT Form 3039 1/Ol (page 11 oj14 pages)
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BK I 854PG2953
20. Sale of Note; Change of Loan Servicer;Notice of Grlevance.The Note or a partial interest in the
Nou (togetha wiffi this Security Insuvment)can be sold one or morc tia�es without prior nodce to Borrower.
A sale mig6t result in a change in the entity(known as the"Loan Servica")that collects Periodic Paymen[s
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
writteu notice of the change wluch will state the name and address of t6e new Loan Servicer,the addre,ss to
which payments should be made and aay other information RESPA requires in connectioa with a notice of
transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer otha 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 untess otherwise
providad by the Nou purchaser.
Neither Borrower vor Lender may cotnmence, 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
Insw:nent or that alleges that the other party has breachal any provision of,or any duty owed by reasoa of,
this Security Instrument, uatil such Borrower or Lender has aotified the other party(with such notice given in
compliance with the requirements of Section 15)of such allegad breach aud 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 e}apse beforo certaia action can be taken,that time period will be deemed to be reasonable
for purposes of this pazagraph. The notice of accelecation and opportuniry to cure given to Boaower pursuant
to Section 22 and the notice of aceeleration given to Borrower pursuant to Secdon 18 shall be deemed to satisfy
the notice and opportuaity to take corrective action provisions of this Section 20.
21. Aazardous Substances. As used in this Section 21: (a)"Hazardous Substances"aze those substances
defined as tozic or hazardous substances, pollutants, or wastes by Environmental I.aw and the following
substances: gasoline, kerosene, other flammable or toxic petroleum products,toaic pesticides and herbicides,
voladle solvents,materials containing ubestos 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 environmetttal protection; {c} "Environmental Cleanup" includes any response action,remedial action,or
removal action, as defined in Enviromnental Law;and(d)an"Environmental Condition"means a condition
that can cause,contribute to,ot otherwise trigger an Environmental Cleanup.
Borrower shall not cause or pemut the presence, use, disposal, storage, or release of any Hazardous
Substances, or tlueaten to release any Hazardous Substances,on or in the Property.Borrower shall not do,nor
allow anyone else to do,anything affecdng the Property(a)that is in violation of any Environcnental 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 Properry of small quantities of Hazardous S�bstances thaz
aze grnerally 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 govemmental or regulatory agrncy or private party involving the Property and any
Hazardous Sl�bstance or Environmental Law of which Boaower has actual knowledge,(b)any Environmental
Condition, including but not limited to, any spilling, leatcing,dischazge,release or threat of release of any
Hazardous Substance, and (c) any condition caused by the presence,use or release of a Hazazdous Substance
which adversely affects the value of the Property. If Borrower leazns,or is notified by any governmental or
regulatory authority, or any private party,that any removal or other remediation of any Hazazdous Substance
affecting the PropeRy is necessary,Boaower shall prompUy take all necessary remedial actions in accordance
with Environmrntal Law. NoUilng herein shall create any obligation on Lender for an Environmental Cleanup.
PENNSYLVANIA-Single Family-Fanaie Mae!}lreddie Mu lJN[FORM IN57'RUMENT Form 3039 1101 (page 12 of 14 pnges)
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BK I 854PG2954
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agroe as foilows:
22. Accderatlon; Remedles. Lender shall give notice W Borrower prior to aaderatlon following
Borrower's breach of any covenaut or agreement in this Security Instrument(bnt not prior to scceleratiou
under Section 18 unless AppUcable Law provldes otherwise). Lender shall notify Borrower ot,among
other thinPs: (a) the de[ault; (b) the acdon required to cure the de[ault;(c)when the default must be
cured; and (� that Pailure to cure the detault es specifted may result fn aecderatfon of the sums sec�ed
by this Security Instrument, foredosure by judicial proceeding snd sale ot the Prop�ty. Lenda shall
Purther inform Borrow� ot the rig6t to reinstate after acce]eretion snd the rig6t to assert in the
foreclosure proceeding the non�stence oP a default or any other defense o[Borrow�to acceleration and
[oreclostue. If the default is not cured as specified,I.ender at its option may require immediate payment
in full of all sums secured by this Security Instrument without further demand and may toreclose this
Security Instrument by judicial proceeding. Lender shell be enUtled to collect all expenses incurred in
pursuing the remedies provided In this Section 22,induding,but not limited to,attoraeys'fees and costs
of Htle evidence to the actent perimitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Securiry Instnunent,this Security Instrument and
the estate conveyed shall terminate and become void. After such occurnnce,Lender shall dischazge aad 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 gaid to a third pazty for services rendered and the
chazging of the fee is pemutted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law,waiyes and releases any enor 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. Reinstatem�t Per3od. Borrower's time to reinstate provided in Section 19 s6a11 extend to one hour
prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Securiry Instrument.
26.Purc6ase Money Mortgage. If any of the debt secured by this Secwity Instruu�nt is lent to Borrower
to acquire title to the Property,this Security Instnunent shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees thaz the interest rate payable after a judgment is
entered on the Note or in an action of moRgage foreclosure shall be the rate payable fmm time to time under
the Note.
PENNSYLVAN[A-Singte Family-Fannie l�tae/FYed�e Mac IJNIFORM RVSCRIJMENT Form 3039 1/Ol (page!3 of 14 pages)
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BK I 854PG2955
BY SIGMNG 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:
�J� �e-,. r.,c� /� f _(Seai)
j SONYA OLIVERI -sorcower
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DO IN[C J OL R[ -eorco�.�er
(Seal) (Seal)
•Borrowec -Bortower
STATE OF PENNSYLVANIA ����_ )
COUNTY OFlUA�E�hifD )
On this, the � day of v rTj�u� �v_� ,before me,the undersigned
officer, personally appeazed SONYA H OLIVERI AND DOMINIC J OLIVERI , known to me (or
satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument,and
acirnowledged that he/she/they executed the same for the pucposes therein contained.
In witness whereof,I hereunto set my hand and official se �,,o
OTARIAL ! L �G� � o�—
CNIIISTINE q.TUFT8,NOTARY pUBLIC Title of Officer
GTY OF WiLKES•BAHRE,LUZERNE CO.,PA My Commission Expires:
MY COM4ISSION EXPIRES MARCN 2S, Typed or printed name:
CERTIFICATE OF RESIDENCE I, CJ 1l��S�1/K �T�`� do hereby certify that the correct
address of the within-named lender is 6060 J.A.JONES DRIVE,SUITE 1000,CHARI.OTTE,NOR1'II
CAROLINA 28287,witness my hand this a�day of Se"J'�jNry , �1�
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Agent of Lender.
PENNSYLVANIA-Single Family-Fannk MadFreddle Mac 11N1FORM INS'fR[lI1�Nf Form 3039 1/01 (page I4 of74 pages)
BKI $54PG2956
LAWYERS TITLE INSURANCE CORPORATION
' NATIONAL HEADQUARTERS-RICHMOND,VIItGINIA
SCHEDULE A
Commitment No.551
All that certain tract of land with the improvecnents thereon erected situate in Lower
Frankford Township,Cumberland County,Pennsyivania,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;[hence 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 sdll along the same, South 7 degrees 26 minutes East
1,039.16 feet to a spike in che center of the aforesaid road;thence along the latter,South 79
degrees 45 minutes West 30 feet to a spike,the place of beginning.
BH I 854PG29�Z
Loan Number 2030040173330
ADJUSTABLE RATE RIDER
(LIBOR Index-Ttate Caps)
TAIS ADJUSTABLE RATE RIDER is tnade this 261Ti day of JANUARY,2004,and is incorporatal into
and shall be deemad to avxnd and supplement the Mortgage, Dced of Trust,or Deed to Secure Debt(the
"Security Instnunent") of the same date given by the undersigned(the"Borrower")to secure the Borrower's
Note w DECISION ONE MORTGAGE COMPANl',LLC(the"Lender")of the same date and covering the
property described in the Security Instrument and]ocated at:
235 BOBCAT ROAD,CARLISLE,PENNSYLVAIVIA 17013
[Property Address]
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN TE�IlVTEREST RATE
AND TSE MONTHLY PAYMENT. THE NOTE LIMI'I'S THE AMOLiNT THE BORROWER'S
IN1'EREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE TAE
BORROWER MUST PAY.
ADDl1'IONAL COVENANTS. In addi[ion ro the covenants and agreements made in the Security
Instrumeat,Borrower az►d I.ender fiuther covenant and agrce as follows:
A. INTEREST RATE AND MONTHLY PAYMENf CHANGES
The Note provides for an initial interest rate of 6.84R6.The Note provides for changes in the interest rate
and the monthly payments,as follows:
4. INTEREST RATE AND MONT$I.Y PAYMENT CHANGES
(A) C6ange Dates
The interest rate I wilI 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 publeshed in The Wall Street Jor�rnnl. 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"Currrnt Index."
If the Index is no longer available,the Note Holder will choose a new index that is based
upon compazable information. The Note Holder will give me nodce of this choice.
(C) Calculation oP 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.'It�e 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 fuli
on the maturity date at my new interest rate in substantially equal payments. The result of
this calculation wiIl be the new amount of my monthly payment.
MUI,TISTATE AAIUSI'ABI.E RA7'N RIDHR(LI80R Iodex)-.Singk Family—FTacek Mae UMFpRM INSTItUMENT Fan 7192 LOl (pagt 1 of 3pngesl
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BK 1 $54PG2958
(D) Limits on Interest Rate Changes
The interest rau I am zequired to pay at the first Change Date will not be greater than
9.84°k or less than 6.8496.Thereafter,my interest rate will never be increased or decreased
on any single Change Date by more than ONE percentage point(196)from the raze of interest
I have been paying for the prx.eding siz months. My interest rau will�ver be greater than
12.84%.
{E) Ef(ective Date oP Changes
My new interest rate will become effective on oach Change Date. 1 will pay the amount
of my new monthly payment beginning on the first monthly payment date after the Change
Date until the aznount of my monthly payment changes again.
(� Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate and
the auwunt of my monthly payment before the effxtive date of any change. The notice will
include iafortnation required by law to be givrn to me and also the title and telephone number
of a person who wiA wswer any question I may have regazding the ootice.
B. TRANSFER OF TfIE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
Unifoim Covenant 18 of the Sxurity Instrumeat is amended to read as follows:
TransPer of the Property or a Beneticial Interest in Borrower.As used in this Sectioa
18, "Interest in the Property"means any legaI or beneficiai intemst in the Property,ir►cluding,
but not tiarited to,those beneficial interests transferred in a bond for deed,contract for deed,
instaliment sales contract or escrow agreement,the intent of which is the traasfer of tide by
Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is soId 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 atl sums secured by this Security Insuument. However,this option shall not be
exercised by Lender if such ezercise is prohibited by Applicable Law. Lender also shall not
exercise this option if: (a)Borrower causes to be submitted to Lender informadon required by
Lender to evaluate the intended transferee as if a new loan were being made to the transferee;
and (b) I.ender reasonably determines that Lender's security will not be impairad by the loan
assumption and that the risk of a breach of any covenant or agreement in this Security
Iastrument is acceptable to Lender.
To the extent permitted by Applicable I.aw, Lender may charge a reasonable fee as a
condition to Lender's consent ro the loan assumption. Lender may also require the transferee
to sign an assumption agreement that is acceptable to Lender and that ob]igates the transferee
to keep all the gromises and agreements made in the Note and in tlus Security Instrument.
Borrower will continue to be obligated under the Note and this Security Instrument unless
L.ender releases Borrower in writing.
If Lender exercises the option to require immediate payment in fult,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 accordaace with Section 15 within which Bonower 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 Bonower_
MUI.TTSfA'IE AAIUSTABLE RATE RIDER(LffiOR Iadex�Single Family—F.eame Mae ImIFORM UiSTRUMEry�p Farn)14r�NI (pagt 1 oJ 3 pages)
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SK I 854PG2959
$Y SIGI�IING BELOW, Borrower �c�pts and ag:ees to ihe termc and covenaz�ta contained in chis Adjustabie
Rate Rider.
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SONYA ii�4LIVERI -9orrower
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DO C 3{1 N -Barsower
(Seai}
-Hortowor
MGl.71STATE ADIU&TABL.E RA7'E RIDER(L[BUR Index}-Single Family-sraMUe M.o LIMFOIn.f nvs�ntlt�MC eorm 319b INl fpa8e J of 3 pagesJ
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Loan Number 2030040173330
FLOOR RATE RIDER TO SECURITY INSTRUMENT
(For 6-Month LIBOR,2-Year LIBOR,aud 3-Year LIBOR ARM Loan Program Disclosures)
THIS FT,OOR RATE RIDER is made this 267'H day of JANUARY,2004,and is incorporated into and
shall be deemed to aznend 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 ffie sarne date and covering the property described in the Security
Instrument and located at:
235 BOBCAT ROAD,CARLISLE,PENNSYLVAMA 17013
[Properry Address]
AMENDMENT TO SECURITY INSTRUMENT
1. Secdou 4.(D)under Addiaonat Covenant A.of the Adjustable Rate Rider to the Secutity Instrument is
amended to read and be as follows:
(D) Limits on Intenst Rate C6anges
The interest rate I am required to pay at the fust Change Date will not be greater than 9.84%or less
than 6.84%. T6ereafter, my inierest 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 yeazly 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 Nadonal Mortgage
Association or the Federal Home Loan Mortgage Corporaaon,tlus F1oor 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 terminadon of this F7oor Rate Rider shall be effective as
of the first Change Date to occur after the date of any such sale,assignment or uansfer,and thereupon
and therea8er the Note shall be in full force and effect in accordance with its original terms as set out ia
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 Securiry Instrument.
BY SIGNING BELOW,Borrower acknowledges and agrees to the terms contained in tt►is Floor Rate Rider.
—��.., n. 7� � (Seal)
SO A OLIVER[ -aorrower
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(Seal)
-BOrtower
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� ,�anci County PA
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Recorder of Deeds
BK 1854PG2961
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• Loan Number 203004Q173330 •
A.DJUSTA►BLE RATE NOTE
(LIBOR Index-Rate Caps)
TffiS NOTE CONTAIIVS PROVYSIONS ALLOWING FOR CHANGES TN MY INTEREST RATE AND MY
MONTHI,Y PAYMENT. TffiS NOTE LFNIITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT
ANY ONE TINIE AND TSE MA�IIVIUM RA,TE I MUST PAY.
: JANUARY 26 ,2004 CARLISLE , PENNSYLVAN�A
WaceJ [CitY] Cstau] '
; 235 BOBCAT ROAD CARLISLE PENNSYLVr+iNIA 170i3
: [Property Address]
1. BORROWER'S PI20MTSE TO pAY
In return for a loan that I have received,I promise to pay U.S. $85,600.00(this amount is caIled "Principal"),plus
interest, to the order of the Lender.The Lender is Decision One Mortgage Company,LLC.I will make all payments
under this Note in the form of cash, check or money order.
I understand that the Lender may fransfer this Note.Tha Lender or anyone who takes this Note by transfer and
who is entitled to receive gayments under this Note is called the °Note HoIder."
2. Il�T.CEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I wiil pay interest at a
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
i (A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I I will nnake my monthly payments on the 4TH day of each month beginning on MA12CH 4,2004. I will make these
i '- payments every month until I have paid a1I 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 wiIl be applied to
' interest before Principai. If, on FEBRUARY 4,2034,I still owe amounts under this Note,I will pay those amounts in
i full on thac dare, which is called the "1Vlaturity Date."
� I will make my monthly payments at 6060 J.A.J"ones Drive,Suite 1000, CharIotte,i�Torth Carolina 28287 or aC a
E different place if required by the Note Holder.
(B) Annount of My Iaitial Monthly Payments
� Each of my initial monthly•payments wll1 be in the amount of U.S. $560.34. This amount may change.
{ (C) Montlily Payment Changes
� Chaages in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate
� that Y must pay. The Note Holder will determine my new interest rate and t3ie changed amount of my monthly
paymemt in accordance with Section 4 of this Note.
� 4. TNZ�REST RATE AND MONTSLX PAYMEN3'CHANGES .
(A) Change Dates
. The interest rate I will pay may change on the 4T'H day of FEBRt3ARX,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 fixst Changs 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 Wa1I Street Journal. The most recent Index figure available as of the f'irst busirtess day of the month
iminediately preceding the month in•which the Change Date occurs is called the "Current Tndex."
If the Zndex is no longer available, the IVote Holder will choose a new index that is based upon comparable
information. The Note Holder will give me notice of this choice.
(G� Calculation of Changes
Before each Change Date, the Note Holder will calculate rny 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 lunits stated in Section 4(D)beIow,this rounded
amount will be my new interest rate unril ttte next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the
anpaid princiQal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in
substantially equal payments.The result of this calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be gteater 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 DaEe, I wiI1 pay the amount of my new monthly
payment beginning on the first monthly payment date after the Change Date until the amount bf my monthly payment
changes again. �
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bfULTI'u'fATE ADJUSTABLE RATE NOTE(LIBOR Index}-Single Parnily--Freddte Mac UNIFORM INSTRUMENT Fornt 3590 UOI (pnge I oj3 pages)
I Ilflll IIIII 11111 IIIN Illll III{I lllll illll illl{Ilill IIIII IIIII IIIII illll Illll tilll Iill Illl
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(I+� Not3ce 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
• znonthly payment before the effective date of any change.The nodce will include information requircd by Iaw to be
given to me and also the titte and telephone number of a person who wiIl answer any quesrion I may have regazding
the notice.
5. BORROWER'S RIGHT TO PItEPAY
I have tha right ta make payments of Principal at any time before they are due.A payment of Principal only is
� luiown as a "Prepayment." When I make a Prepayment,T will teil the Notc Holder in writing that I am doing so. T
may not designate a payment as a Prepayment if I have not made all the monihly payments due under the Note.
• T may make a fuil Prepayment or partial Prepayments without paying acry Prepayment charge.The Note Aolder�
will use my Prepayments to reduce ihe amount of Principal that I owe under this l�iote.However, the Note Iiolder
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 cltanges in
the due dates of my monihly payments unless the Note Holder agrees in writing to those changes. My paztial
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.
6. LOAN CHARGES
If a 2aw, which applies to this Ioan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan c�arges coliected or to be collected in connection with this loan exceed the permitted Iimits, .
ttien: (a) any such loan charge shail be reduced by the amount necessary to reduce the eharge to the permitted limit;
and (b) any sums already collected from me which exceeded permitted limits will be refunded to me.The Note
Holdor may choose to make this refund by reducing the Principal I owe under this Note or by malting a direct
payment to me. If a refund reduces Principal, the reduction will be treated as a partial3'repayment.
7. BORROWER'S FAII.URE TO PAY AS REQUITiED
(A.) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any mouthly payment by the end of FIF'T��N 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 5.0°k 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,T will be in default.
f �c� Notice oP Defatilt
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay Lhe overduc
� amount by a cettain date, the Note Holder may require me to pay imrnediately the full amount of Principal wliich 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
I the notice is mailed to me or delivered by other means. .
{ri) l�io Waiver by Note Holder
' Even if, at a time I am in default, the Note Holder does not zequiure me to pay immediately in full as described
f above, the Nofe Holder will sdill have the right to do so if I am in default at a later time.
i (E) Payment of l�Iofe Holder's Costs and�xpenses
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 ali of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.
Those expenses include, for example, reasonable attorneys' fees.
8. GTVING 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�rst 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 PEYiSONB UNDEIt TffiS NOT�
If more than one person signs this Note, each person is fuliy and personally obligated to keep aII of the promises
� made in this Note, including the promise to pay the full amount owed.Any parson 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
obIigations of a guarantor, surety or endorser of this Note, is also obTigated to keep all of the promises made in this
Note. The Note Holder may enforce its rights under tr►is Note against each person indivzdually or against all of us
together. This means that any one of us may be required to pay all of the amounts owed under this Note.
10.WAIVERS .
I and any other person who has obligations under this Note waive the rights of Presentrnent and Notice of
Dishonor. "Presentment" means the right to require the Note T�older 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.
Il.i)1�iTFORM SECURED NOTE
This Note is a uniform instrument with lunited variations in some jurisdictions. In addition to the protections given
to ttte 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 resuit 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 unmediate payment in fulI of all amounts I owe under this Note. Some of those conditions are
described as follows: �
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MCJLTISTATE ADJUSTABLE RATE NOTE(LIBOR xndex)—Single Family--Freddic Mac UPTIFORM INSTRETbtENT Form 3590 3/01 (page 2 oj3 pnges)
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f Trans�er of the property or a Beneficisl Interest In Borrower. If all or any part of the Properry or any
' Interest in the Property is sold ox transferred(or if Borrower is not a natural person and a ben.cficial interest in
� Bonower is sold or transferrec� without Lender's prior written consent, Lender may rcquire immediate
payment in full of all sums secured by this Security Tnstrument. However, this option shall not be exercised by
Leruier if such exercise is prohibited by Applicabie Law. L.ender also shall not exercise this option if: (a)
Bonower causes to be submitted to Lender information required by I.ender to evaIuate the intended transfeiee.
� as if a new loan were being made to the transferee; and(b)I.ender reasonably determines that L.ender's
security wiil not be impaired by ihe loan assumption and that the risk of a breach of any eovenanc or
agreepnent in this Security Instrument is acceptable to I.ender.
To the extent permitted by Applicable Law,Lender may charge a reasonable fee as a condition to Lender's
consent to the Ioan assumption. Lendez may also require the transferee to sign an assnmption agreement that is
acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the
Note and in ttus Security Instrument. Borrower will continue to be obligatad under the Note aud tYiis Securzty
Instrument unless Lender releases Borrower in writiag.
If Lender exercises the option to require immediate payment in fiill, 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 wluch 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 TFIB UNDERSIGNED.
�. �..
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DO C J OL IiI -sorrower
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SONYA OLIVERI -sorrower
(Seal)
-BOrrower
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MULTISTATE ADJiTSTABLE RATE NOT'E(LIBOR Indcr)-Single Faznily--�Yedd[e Mac ilNIFORM INSTRUMENT Form 3590 1101 (page 3 oj3 prsges)
EXHIBIT "P-3"
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M�41)�:'I'.�E' �7`� day of Mmch in the year two thausand s�vc�n(2fl07}.
B.ETWE'EN SONYA H. ClLIVERi, and DCIMA�IIC J. OLIYERI, her hutbaud,
a� t�rough his �ettarncy in fi�ct SQNYA H. �3LIV�.'•It[ of Lower Franicford Township, '
Cumbezlaad Caunty,Pea�sylvania,hereiaafte�callad Cahantors, �
.�1YD SONYA H. OLIV�RL, r�f Lowe,r Frsnkfmd Townahip, Cumb+CrlanB Co�nty, � �-> '
Pennsytvania,hezeinafter calle�i Gra�atee: - j.
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WITNES'�ET7T, that i�n consideretion ofthe sum of C}ue and no110(}(�1.00)Dollat, t#�c � � f
r�ceipt whercaf is hereb�ackaowlodgc�,tx+e said G�ntors do heteby grant and.conv�y unta the -,� � �
saad�acttees,her hel�rs and assigas; 3 � �
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�1I,L that c,�rtain tract of 2and with the improvemea�ts thes+eon erect+e�i situate ia l.ower ;,,_
Frankford Tovwnship,Cumberland Caunty,Pe�msylvantia, bounded end c3escaibed as follflws:
_ BEGI"VNIIVG at a paint in the�eanter of tt�e Township Raa�d,Legislative Route T-45 i at
the corner of properiy of John H. Wingea�t; thenoe along the latter,North� degc�s 26 z�wua�t�s
West 250 feet to an iram pin; thence alang same praapaty of H�rrnld D. Lindsey, Jr. North 73
degrees 29 miautes West 54+�57 f�et tcr an iron pin; the�ce along pro��rty of Edgar D, Barte��
Nc�rth 9 de#�rees 30 minutes�ast 573 feet to a stske;t6ea�c�e along#he same,l�Iarth 14 deg�es 38
minutes East 133 feet ta a stake; th�ce alang ProPert�' of Ricbard C. Parr, et ux, Sout� 79
degrees l?minutes 14 seconds Esst 327,21 feet ta a stake; theace stilt elong#he same, S�uth 7
d�s 26 minutes East I U39.16 fe�t ta a spike in tt�c ceater of the afaresaid m�d;thc�ace alon�
the latterr,South 79 degc�es 45 minutes West 3fl fee�t to a spike,the place af B,SGINNING.
CU1V7'AINfNG 7.7G1 acres acoording to a surv�cy of Thrnnas A. Neff, RS datt3d
L1ec�nber 3, 197U.
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BEING the same premis�es whieh Sonya H. Oli�veri gra�tt�ed and vanvey�od Lo Sonya FI. 4.
Oli`veti and Do�ainic J. 4liveri, ha husbaad,�a�ura h�n,bY I)oati dated 3a�►uary 25, 2U04
and recordccl in the C�`ice a�the Recarder of Dwds in Gwaberland Cowrty in I)ead Boak 251, .
Page 3853. �.
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Pow�r af Attorney reoorded in G�u�rkb�rlaad C�►timty Misccilanoous Book Page �
'Fhis conveyance is a nan taxable transfea fmm wif��ad husbaad io w�'fs. �
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A1VD the said Grantor� her�eby cove�t an�d agree that t�ny wi1! waxrant sgeeisily th� !'
P�Y he�eby conveyed, l.
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IN iWIT�'VESS WHXs'8S[IP, said G�rantors bave h�m#�o set their hands and seals th� l
day,month an�d year 5rst abovs writtsn, ;
Stg�rer�,Saakd and delh►ar�d
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coviv�rY'oF+cv���n :
4n this, tbe '�'�� day of Man:is, 20t37, bcffame ma the undarsi�eci officer, peac�onalty �
app�ed 30NYA 8.OLIt�, kaown ta me{or satis�x+ar3ly�v�)t�bc tha peraon whase aame is �
subscrbed to the within insttum�eat, as Attonuy�In-Fact far DOMi�TiC J. OL�VEIU, a�ad for �
hesself individually and acknawlodged that shs acec�ted s�ne for tha�thereia c�n#ai�ued. �
IN WI'.�"1VE�.S'H'BBR�30F,I h�a�ratu set my haa�d a�nd sea1.
COMMONW�+�TH OF PENNSYLVANfA
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ce�u�esrxa�x�c�sv
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11Ay/t'•orYMYiat3fon E�sires(kt 3,2�148 ��' �
Member.Panrnylvards Aseodation CN Ncatarl►es .
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I do h�reby ce�ify that the pr�ecise resideace and comkplete past office address of the ;
witl�i.n.a�amed Grantee is a 3 s�3o�c.k- K�r� �'-a.,�c�G •ti'� :
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Alttirnry far Gr+a�tea
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IRif'IlIT d�hfr3�NIGXT (
ATIORNEYS AT LAW ;
64 Weat Poa�firet St�ct
Carlealts,PA 1�013
71T-249-2353
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I C�rtify this to b�recorded �
tn Ccumb�rland County PA i
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SEE PARAGRAPH 3(a) OF THE
VERIFIED PETITION FOR CITATION
A REDACTED COPY OF THE DEATH
CERTIFICATE FOR SAID DOMINIC J. OLIVERI
WILL BE FILED WITH THE
CUMBERLAND COUNTY REGISTER OF WILLS
UPON ITS RECEIPT BY THE PETITIONER
EXHIBIT "P-4"
EXHIBIT "P-5"
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This is to certify that this is a true copy of the record which is on file in the PennsyIvania Department of Health, in accordance with
the Vital Statistics Law of 1953, as amended.
' ` WARNING: It is iilegai ta duplicate this copy by photostat ar phatagraph.
l,,,f,,,,,,,,,,,,,.-,_ ���, f?'C'�.�.�`-'%�li,._u�.�
�,����pl�N OF pF�,
�,,0'�4�► _ __'yJ'�y,,'-` Marina O'Reilly Matthew
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Type(p�lnt In CtfMMONWEAITH OF PEtiNSYLVANt.t+OEPARTM£NT OF#t£A�TN•VitM A£COR45
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EXHIBIT "P-6"
tAW OFFICES
� IRWIN � McKNI GHT, P.C.
WEST POMFRET PROFESS/ONAL BUILDING
80 WEST PQMFRET STREET xARC�1,DS.tRtt�IN (ts25-19��)
ROGER&.IRWIN CARLlSCE,PENNSYLVANlA 17013-3222 xaFtaLDS.tttu�IN.1tt. rtssa-t9sa)
MARCUSA.MCKNI�'if/T,III !RWlN,IRW/N&IRW/N (/956-1986J
DOUGLAS G.M/LLER (717)249-2353 lRWIN.tRWlN c�McKNICiHT{19$6-7�19�t)
STEPHEN L.BLt?C?M FAX{717J 249-5354 IRWIN,McKNIGHT&HUC;HF"S (199�1-2003)
MATTHEWA. McKN/GHT WWWIRWINMCKNIGHT.GOM !RWlN&McKNIGHT (1003-2008)
June l�', 2Q 13
ATTENTION: TERRI
'TFIE LAW OFFICES �F BAR�ARA A. FEIN, �.C.
721 DRESHER ROAD, SUITE 1050
HORSI-�AM, PA 19044
RE: SONYA H. OLIVERI, DECEASED
235 BOBCAT ROAD
CARLISLE, PA 17015
Dear Terri:
Re the abave foreclosure, Sonya 0liveri's daughter, Juanita Cohick, 239 Bobcat Road,
Carlisle, PA 17015, has expressed interest in the above-referenced property.
You may contact her at 717-385-6004.
Please advise if I can be af any further service.
Sincerely yaurs,
IRWIN & McKNIGHT, P.C.
�`
�r�
Ro er . Irwin
RBI:sIs
cc: Ms. Juanita Cahick �,�y?�,�d�l�'�jG�Cj
EXHIBIT "P-7"
6/3/13 Sonya H.Oli�eri
F
.. P. ,i-4P.�#�R&i,.t:.:: .. � .
Sonya H. Otiveri
�� � �`�x����;. �- r APRIL 26,2012 9:00 PM
,� : ��� � " �
� � x �
� ��� � ����:�� -��� Sonya H. Oliveri, 75, of Cariisle, died
;� r.. ��. ����;...r.;;. � .,.,:
� ��" ' y . Wednesday, April 25, 2012, at Carlisle
� �� � ' � �� : ��'���� Regional Medica{ Center.
�� �:f
�,�,,,�.: �,.
,�`.. Born Aug. 28, 1936, in Carlisle, she was the
daughter of the late Van Hockenberry and
` sa Dorothy Penner Miller.
She was a graduate of Jacksonville Florida
High School. Sonya worked in Carlisle for
CarlisleTire and Wheef, Reeves Hoffman
Crystal Plant, former C. H. Masland and Sons,
Howard Johnson Inn, Angies Family
Restaurant and Lounge, and currently worked
for Target as a cashier.
-� Surviving are her step-father, George Miller of
Hanover; three daughters, Juanita Cohick of
Carlisle, Belinda Womack (and husband,
Bruce) of Henderson, Texas, and Valerie Keeseman of Carlisle; seven grandchildren,
Michelle, Kevin, Kyle, Ashelie, David, Ryan and Alecia; one brother, Van (Sonny)
Hockenberry Jr. of Indiana; one sister, Sharon Stum of Cartisle; and ten great-grandchildren.
She was preceded in death by three husbands, Isaac Sylvester Geiger, Oren L. Wagner and
Dominick Oliveri; step-mother, Ethel Hockenberry; son, Gary Allen Geiger; sister, Bonnie
Rose; and son-in-law, Kevin Cohick.
Funeral services will be held at 7 p.m., Saturday, April 28, at Hoffman-Roth Funeral Home &
Crematory, Inc., 219 N. Hanover St., Carlisle with the Rev. Richard L. Reese officiating. A
viewing will be held from 5 p.m. until the time of the service on Saturday at the funeral home.
To sign the guest book visit www.hoffmanroth.com.
cumberlinkcorr�lifestyies/announcerrients/obituaries/sonya-Frolieeri/article 8977ec4a-9004-11e1-b8akr001a4bcf887a.htrrd?pri�t=true&cid=print 1!1
. �
VERIFICATION
Barbara A. Fein, Esquire, hereby states that she is the Attorney for the Petitioner in this
action,that she is authorized to make this Affidavit, and that the statements made in the foregoing
Petition for Citation are true and correct to the best of her knowledge, information and belief.
The undersigned understands that this statement herein is made subj ect to the penalties of 18
Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
THE LAW OFFICES OF BARBARA A. FE1N, .C.
Y �1
BY:
Barbara A. Fein, Esquire
Attorney for Petitioner
Attorney I.D. No. 53002
Dated: August 1, 2013