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HomeMy WebLinkAbout13-5704 Supreme Court-of Pennsylvania Cou " f Com on Pleas vil% IY 4 Beet For Prothonotary Use Only. ! s CU L�r ^1, County Docketl�TO: ` rr Sf1 w. 4 The it for7nalion collected on this form is used solel},.for court administration prnposes. This./617)1 does not st.tpplement or replace the filing and seri•ice of pleadings or other papers as rcgitire(i h)-lax or rules of court. Commencement of Action: ®Complaint ❑ Writ of Summons ❑Petition S ❑Transfer from Another Jurisdiction ❑Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C Bayview Loan Servicing,LLC,a Delaware Limited Edna M.Bertolette,et al T Liability Company I Dollar Amount Requested: El within arbitration limits Are money damages requested. El ®No check one ❑outside arbitration limits N Is this a Class Action Suit? ❑Yes ®No Is this an MDJAppeal? ❑Yes ®No A Name of Plaintiff/Appellant's Attorney:Patrick J. Wesner,Esquire y ❑ Check here if you have no attorney(are a Self-Represented [Po Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your t PRIMARY CASE.If you are making more than one type of claim,check the one that } you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include judgments) CIVIL APPEALS 1 ❑ Intentional El Buyer Plaintiff Administrative Agencies C1 Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle El Nuisance El Debt Collection:Other ❑ Board of Elections 1 ❑ Premises Liability ❑ Dept.of Transportation i ❑ Product Liability(does not include ❑ Statutory Appeal:Other mass tort) ❑ Employment Dispute: t S ❑ Slander/Libel/Defamation Discrimination f E ❑ Other: ❑ Employment Dispute:Other ❑ Zoning Board C ❑ Other: s T MASS TORT J C1 Asbestos ❑ Other. O ❑ Tobacco N ❑ Toxic Tort—DES ❑ Toxic Tort—Implant REAL PROPERTY MISCELLANEOUS B ❑ Toxic Waste El Ejectment ❑ Common Law/Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ` ❑ Ground Rent ❑ Mandamus 1 ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations t [I Mortgage Foreclosure:Residential Restraining Order jPROFESSIONAL LIABILITY ® Mortgage Foredosure:Commercial ❑ Quo Warranto ❑ Dental ❑ Partition El Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: s ❑ Other Professional: MILSTEAD & ASSOCIATES, LLC CIF i[`WFr ' BY: Patrick J. Wesner, Esquires t ID No. 203145 : f# 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 CU gBERLAND CGUtgTy 856 482-1400 arn'� �-VAMA � ) Attorney for Ptam i File: 4.27849 Bayview Loan Servicing,LLC, a Delaware COURT OF COMMON PLEAS Limited Liability Company CUMBERLAND COUNTY 4425 Ponce De Leon Boulevard 5th Floor Coral Gables, FL 33134, Plaintiff, No.. DY t U L Vs. CIVIL ACTION MORTGAGE FORECLOSURE Edna M. Bertolette 1603 Carlisle Road Twp of Lower Allen, Camp Hill,PA 17011, and Jack E. Bertolette 1603 Carlisle Road Twp of Lower Allen, Camp Hill,PA 17011, Defendants 12-LJ S NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3156 800-990-9108 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856) 482-1400 Attorney for Plaintiff Bayview Loan Servicing,LLC, a Delaware COURT OF COMMON PLEAS Limited Liability Company CUMBERLAND COUNTY 4425 Ponce De Leon Boulevard 5th Floor Coral Gables, FL 33134, No.: Plaintiff, CIVIL ACTION MORTGAGE Vs. FORECLOSURE Edna M. Bertolette 1603 Carlisle Road Twp of Lower Allen, Camp Hill,PA 17011, and Jack E. Bertolette 1603 Carlisle Road Twp of Lower Allen, Camp Hill,PA 17011, Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Bayview Loan Servicing, LLC, a Delaware Limited Liability Company (the "Plaintiff'), is registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 4425 Ponce De Leon Boulevard, 5th Floor, Coral Gables, FL 33134. 2. Defendants, Edna M. Bertolette and Jack E. Bertolette, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described by virtue of a Deed dated May 2, 1990,recorded May 3, 1990 in Deed Book 34,Page 970. The Deed is attached hereto as Exhibit"A"and made a part hereof. 3. Defendant Edna M. Bertolette,upon information and belief, resides at 1603 Carlisle Road, Twp of Lower Allen, Camp Hill, PA 17011. Defendant Jack E. Bertolette, upon information and belief, resides at 1603 Carlisle Road, Twp of Lower Allen, Camp Hill, PA 17011. 4. On June 20, 2005, in consideration of a loan in the principal amount of$152,750.00,the Defendants executed and delivered to Equity One, Inc., dba Popular Financial Services an Adjustable Rate Note (the"Note")with interest thereon at 9.5500 percent per annum,payable as to the principal and interest in equal monthly installments of$1,289.98 commencing August 1, 2005. The Note is attached hereto as Exhibit"B"and made a part hereof. 5. A Loan Modification Agreement was made on or about January 5, 2012 between the Defendants(the"Borrower") and Bayview Loan Servicing, LLC (the"Lender")to increase the unpaid principal balance due on the Note to $158,627.24,consisting of the amount(s) loaned to Borrower by the Lender which may include,but not limited to, any past due principal payments, interest, fees and/or costs capitalized. Effective November 1, 201 Ithe interest rate decreased to 2.00 percent per annum. The Loan Modification Agreement is attached hereto as Exhibit 11C11 and made a part hereof. 6. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems,Inc., solely as nominee for Equity One, Inc., dba Popular Financial Services a mortgage(the"Mortgage") dated June 20, 2005,recorded on June 22, 2005 in the Department of Records in and for the County of Cumberland under Mortgage Book 1911,Page 3569. The Mortgage is attached hereto as Exhibit"D"and made a part hereof. 7. Plaintiff is proper party,Plaintiff byway of an Assignment of Mortgage recorded September 8, 2011 under Instrument 201124996. The recorded Assignment of Mortgage is attached hereto as Exhibit"E"and made a part hereof. 8. The Mortgage secures the following real property (the"Mortgaged Premises"): 1603 Carlisle Road, Twp of Lower Allen, Camp Hill, PA 17011. A legal description of the Mortgaged Premises is attached hereto as Exhibit"F"and made a part hereof. 9. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due June 1, 2013, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit(if any) and costs of collection including title search fees and reasonable attorney's fees. 10. The following amounts are due on the Mortgage and Note: Principal Balance ....................................$150,933.29 Accrued but Unpaid Interest from 5/1/13 to 8/31/13..........................................$1,031.38 Accrued Late Charges ......................................$68.48 Taxes Advanced ..........................................$1,346.23 Property Inspections.........................................$15.00 Reasonable Attorney's Fees ........................$1,650.00 TOTAL as of 08/31/2013 ........................$155,044.38 Plus,the following amounts accrued after August 31, 2013: Interest at the Rate of 2.00 percent per annum($8.39 per diem); Late Charges per month if applicable. 11. The provisions of Act No. 91 (3 5 P.S.'l 680.401(c) of the 1983 Session of the General Assembly("Act 91") and Section 403 of Act No. 6, 41 P.S. § 403, known as the Loan Interest Protection Law does not apply as this is a commercial property. ` - � Interest Protection Law does not apply as this is a commercial property. Default Notices dated June 24, 2013 were sent to the Defendants at 1603 Carlisle Road, Lower Allen, PA 17011. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 10, namely, $155,044.38,plus the following amounts accruing after August 31, 2013,to the date of judgment: (a) interest of$8.39 per day, (b) late charges per month if applicable, (c)plus interest at the legal rate allowed onjudgments after the date ofjudgment, (d)additional attorney's fees (if any)hereafter incurred, (e)and costs of suit. Attorney for Plaintiff)i - VERIFICATION Gary Locke , hereby states that9she is C ccv—�A�N-"6<of Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Gary Locke DATE: 11 13 Title: File #: 4.27849 Name: Edna M. Bertolette Jack E. Bertolette Exhibit A Fee Simple Deed: Individual or Corporate fV is 3riknturr madethh zoa day of / 194L EtlUl'E1i LEONARD S. CONLEY and LAURA M. CANLEY, his wife, 1W (hereinafter called the Grantorls),of the one part and JACK E. BERTOLETTE& EDNA H. BERTOLETTE, bin wife. • p {k� 7'haf ,�<;�Cra��,�,"���ff (hereinafter called the Grantec/s),of the other part, 3F M&14rN;WAF'FIVC'"RED AND 00/100 ($85,500.00) Dollars, in hand paid,thn`icceersr,ofisherbyacknowledged,[hesa:dGrantor/sae°/ienan�eyly anj�rr�der�ty����t�es�s�� See Grantee/s, and assigns, ALL THOSE CERTAIN TRACTS of land situate in Lower Allen Township, Cumberland County, Pennsylvania, as more particularly described as follows towitt BEGINNING at an iron pin on the southern right-of-way of Carlisle Road on the line of adjoiner between Lots Nos. 1 & 2; thence along Lot-No. 2 South 04 degrees 55 minutes 00 seconds East 70.00 feet to an iron pin; thence continuing along the asme South 85 degrees 05 minutes 00 seconds West 10 feet to an'iron pin; thence continuing along the same, South 04 degrees 55 minutes 00 seconds East 130.00 feet to an iron pin at the lands now or formerly of William Hampton; thence along said lands South 85 degrees OS minutes 00 seconds West 85.00 feet to an iron pin at lands now or formerly of Miriam D. Souders; thence along said lands and Lots Nos. 13 and 32 on Plan of Highland Village recorded in Plan Book 37 Page 98, North 04 degrees 55 minutes 00 seconds West 200.00 feet to an iron pin on the Southern right-of-way line of Carlisle Road; thence . along said right-of-way line North 85 degrees 05 minutes 00 seconds East 95.00 feet to an iron pin, the point and place of BEGINNING. CONTAINING 17,700 Square feet. BEING known as Lot No. 1 on the Preliminary Final Subdivision Plan for Jack E. Bert olette dated June 13, 1989 and Recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 58, Page 143. BEGINNING at an iron pin on the Southern right-of-way line of rlisle Road on the ne of adjoiner between Lot No.2 and land now or formerly Edward Curnes; thence by as and South 04 degrees 55 minutes 00 seconds East 200. feet to an iron pin on the lan now or formerly of William W. Hampton; thence ong said lends South 85 degrees 05 nutes 00 seconds West 90.00 feet to an i n pin on the line of adjoiner . between Lo ta I and 2g thence along Lot No.l N h 04 degree. 55 minutes 00 seconds West 130. feet to an iron pin; thenc ontinuing along same North 85 degrees 05 minutes 00 seconds at 10.00 feet to an on pin; thence continuing along the same North 04 degrees 55 minu a 00 seconds W 70.00 feet to an Iron pin on the Southern right-of-way line of Carli Road; t ce along said right-of-way line North 85 degrees 05 minutes 00 seconds at .00 feet to an iron pin, the point and place of BEGINNING. ---CONTAINING 17,300 Square et. - BEING known as Lot . 2 on the Preliminary Fin Subdivision Plan for Jack E. Bertolette date one 13,1989 and recorded in the face of the Recorder of Deeds in and for Cumb and'County in Plan Book 58, Page 143. .ING THE SAME which Earl P. Conley, et al by their des ted 10-17-67 sod rec ed In Deed Book 22-N, Page 970, in Cumberland County Recorders fflee conveyed Grantors herein. Grantor and Grantee herein are Vendor and Vendee in ales Agreement recorded in Book 315, Page 323. Sc106:)ut.Cumtr.Co.,pa. Co.,Pa rioat Estata7ragslerTex -%HeatEstateTrenslwTax r'_S 3_fo Amt. V- 7-�� Date S 3 goy 2.7- r9- C:,n'ib Co.Dist.Col,Apt. Cumb.Co.Dist Cal.Apr eoa+c`�34 el�ce 970 1 08/15/2013 11:39:44 AM CUMBERLAND COUNTY Inst.#199001890-Page 1 of "6AMONU/i ALTH OF Pc!`li•t-WiYANIA== m DEPALtMENT OF REVENUJ _= 8.U U PA r THE '90 MY 3 PM 2 15 be/she the ssaaid Grantor/bb ddo//does helIcby convcnant to and with th said Grantee/s that the said Grantors for himseif/hereelf and his/her heirsfauccesaora s eciall subject as aforesaid, b these SHALL AND WILL p y, } y presents Warrant and forever Defend the herein above described premises,with the hereditaments and appurtenances,unto the said Grantee/s + their heirs, and assigns,against the said Gnntor/s and nain�t evetyy otlscr person lawfully claiming or who shatl hereaCtec claim the same or any pan thereof,by,from or under m/her/tisem or any of them. IN WITNESS WHEREOF,the said Grantor/s has/have caused these presents to be duly executed,the day andyear firstabove written. Sealed and H the presence of:of: (Seal) 11GU d�7• C2� (Sealj Commonwealth of Pennsylvania: County of On this,the day of 19 before me,the undersigned officer,personally F appeared who acknowledged himself/herself to be the of I corporation,and that he/she as such p• being authorized to do so,executed the foregoing instrument for the purpose therein contained by V' n signing the name of the corporation by himself1herulf as Notary Public Commonwealth ol'Pennsyl fa• County of On this,the yN dayy of Y 19 �before me,the undersigned officer,personally appeared < LEONARD S. CONLEY acd LAURA M. CONLEY, hie wife, a rm known to me(or satisfactorily proven)to be the person/s whose name/s is/are subscribed to the within instrument-aid > acknowledged that he/the/they executed the same for tite purposes therein contained. :;:,�'s-,',';+ ;"•,q Nolary.Pgblic '.r. NOYANIAL S£AL NANCY N.AOLT.NOTARY PuaLie CAMP HILL 80110, cmaE11LAN0 CO. •j� �,0 tid MY C"ISS10N EXPIRES JAN. Q LU o. C; Cr (JI O �� •S E p , y $ �az oz CL aoC!E i34 PACE 9A I 08/15/2013 11:39:44 AM CUMBERLAND COUNTY Inst.#199001890-Page 2 of Exhibit B 1 ORIGINAL ARJUSTABLE RAVE NOTE (LIBOR Index-Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR C-HANGE�:IN MY INTEREST RATE ANI)MY MONTHLY PAYMENT.THIS NOTE LIMITS THE ANIOIINT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXINIUM RATE 1 MUST PAY. June 20. 2005-/ Marlton New Jersey {Date) Icllyl lsutei 1603 CARLISLE ROAD T149 OF.LOWEK ALLEN (CAMP HIL).PA 1701 il'mperty Addressi 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received,1 promise to pay U.S.S 152.750.00 (this amount is called "Principal"),plus interest,to the order of the Lender.The Lender is Eq A i ty One. Inc. . dba Popular Financial Services 1 will make all.payments under this Note in the form of cash,check or mone•7 order. I understand that the Lender may transfer this Note.The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Iloldcr." 2. INTEREST /OU Intere st will be charged npaid principal until the full amount of Princ ipal has been paid.I will pay interest at a yearly rate of 9.5500 °fin.The interest rate I will pay may chang•.-in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B)of this Note. 3. PAYMENTS (A)Time and Place of Payments 1 will pay principal and interest by making a payment every month. I will make my monthly payments on the first day of each month beginning on August 1. 2005 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each month) payment will be applied as of its scheduled due date and will be applied to interest before Principal.If,on JU�Iy 1. 2035 / I still owe amounts under this Note,1 will pay those amounts in full on that date,which is called the"Maturity Date." 1 will make my monthly payments at 301 Lippincott Drive. Marlton. NJ 08053 or at a different place if required by the Note Holder. (B)Amount of Div Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S.$ 1.289.9 This amount may change. (C)Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. MULTISTATE ADJUSTABLE RATE NOTE-LIBOR INDEX-Single Family-Freddie Mac MODII IED INSTRUMENT t Pape 7 d� Ine4b: `✓ 3590-815N JB 050002 0711 WOO (2R&127 NOTE MULTI STATE) 4. INTEREST RATE AND I ONTHLY PAYMENT CHANGES (A)Change Dates The interest rate I will pay may change on the first day of July. 2007 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 in Index.The"index"is the average of interbank offered rates for six-month U.S.dollar-denominated deposits in the London marks:("LIBOR"),as published in the Wall Streer Journal.The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the"Current Index." If the Index is no longer available,the Note Holder will choose a new index that is based upon comparable information.The Note Holder will give me notice of this choice. (C)Calculation of Changes Before each Change Date,the Note Holder will calculate my new intere:t rate by adding Six and One / Half percentage points( 6.5000 %)to the Current index.The Vote I folder will then round the result of this addition to the next highest one-eighth of one percentage point(0. 125%).Subject to the limits stated in Section 4(D)below,this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments.'Ihe result of this calculation will be the new amount of my monthly payment. (D)Limits on Interest Rate Changes 'Ibc interest rate I am required to pay at the first Change Date will not bt:greater than 12.5500 %or less than 9.5500 %.Thereafter,my interest rate will never be increased or decreased on any single Change Date by more than one and one half percentage points(1.500%)from the rate of interest i have been paying for the preceding six months. My interest rate will never be greater than 15.5500 %or less than 9.5500 %over the life of the loan. (E)Effective Date of Changes My new interest rate will become effective on each Change Date.I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F)Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change.The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regErding the notice. 5. BORROWER'S RIGHT TO PREPAY 1 have the right to make payments of Principal at any time before th,:y arc due. A payment of Principal only is known as a "Prepayment."When I make a Prepaymcnt,I will tell the?tote Holder in writing that I am doing so.t may not designate a payment as a Prepayment if I have not made all the monthly payments due under the No:c. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that i owe under this Note.However,the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note.If I make a partial Prepayment,there will be no changes in the due dat_s of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment.However,any reduction due to my partial Prepayment may be offset by an interest rate increase. + f 6. LOAN CHARGES If a law,which applies to this loan and which sets maximum.loan char;;es,is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the:permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from me which exceeded permitted limits will be refunded to me.The Note Holder may choose to make this refund by reducing the Principal i owe under this Note or by making a direct payment to me. If a refund redt:ces Principal, the reduction will be treated as a partial Prepayment. 35'0-F I S� n3 a5EW3 077131W Paps 2 of 4 Initial.: 17,28 727 NOTE UUL71 STATE) �J 7. BORROWER'S FAILURE-1.0 PAY AS REQUIRED (A)[.ale Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due,I will pay a late charge to the note I folder.The amount of the charge will be 5.0000 % of my overdue payment of principal and interest.1 will pay this late charge p:omptly 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 duc,I will be in default. (C)Notice of Default If 1 am in default,the Note Holder may.send me a written notice telling me that if 1 do not pay the overdue amount by a certain date,the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date ott which the notice is mailed to me or delivered by other means. (D)No Waiver By Note Holder Even if,at a time I am in default,the Note Holder does not require me to pay immediately in full as described above,the Note Holder will still have the right to do so if I am in default at a later time. (E)Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay in full as described above,the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Nate to the extent not prohibited by applicable law.Those expenses include,for example, reasonable attorneys'fees. 8. GIVING OF NOTICES Unlcss applicable law requires a different method,any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will bt given by delivering it or by mailing it by first class mail to the Note[[older at the address stated in Section 3(A)above or at a different address if 1 am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Tote, including the promise to pay the full amount owed.Any person who is a guarantor,surety or endorser of this Note is also obligated to do these things.Any person who takes over these obligations,including the Obligations of a guarantor,surety or endorser of this Note, is also obligated to keep all of the promises made in this Note.The Note Holder may enforce its rights under this Note against each person individually or against all of us together.This means that any one of us may be required to pay all of the amounts owed under this Note. 10.WAIVERS 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor."Presentment" means the right to require the Note Ifolder to demand payment of amounts due."Notice of Dishonor'means the right to require the Note Ifolder to give notice to other persons that amounts due have not been Laid. 11.UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note,a Mortgage, Deed of Trust or Security Decd(the"Security Instrument"),dated the same date as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises that I make in this Note.That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note.Some of those conditions are described as follows: Fomr 3590 3199 M415N,wa Page 301♦ Initials JB 050001 (2/28-3127 NOTE MULTI STATE) Alin- Transfer of the Property or a Beneficial Interest In Borrower-.If all or any part of the Property or any interest in the Property is sold or transferred(or if Borrower is not a naturl person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security InstrumenC4 Nawevcr,this option shall not be exercised by Lender if exercise is prohibited by Applicable Law.Lender also shall not exercise this option if(a)Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee;and(b)Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lcndcr. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all thr,promises and agreements made in the;tote and in this Security Instrument. Borrower will continue to be obligatr;d under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Burrower 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 Bo:Tower. WITNESS THE HAND(S)AND SEAL(S)OF-ME UNDERSIGN c-D, t / , Z_ zj�� _. (Seal) _ __ _ (Seal) EDNA M. BERTOLETTE -Borm%tr J4 K ERTOLETTE -Burrow`` _ . (Seal) f._ (Seal) -Borrower -Bunuwer _ (Seal) _(Seal) -Ik,m1wer -Bonower (Seal) ___._ . -..._ (Seal) -Borrower -BURower [Sign Original Only] M41 5"(0003) _- FbgeAo/ Farm 35`0 31" - JB 050005 (2r2&"?NOTE MULTI STATE) PREPAYMENT RIDER TO NOTE This PREPAYMENT RIDER TO NOTE is made this 20th day of J u n e. 2 0 0 5 and is incoporated into and amends,modifies and supplements the Note of the same date given by the undersigned(the'Borrower')to Equity One . Inc . . dba Popular Financial Services (the"Lender")and any riders or modifications thereto("Note'). In addition to the agreements made in the Note,Borrower and Lender further agrees as follows: 1. The section of the Note entitled'Borrower's Right to Prepay",is hereby deleted in iv;entirety and replaced with the following language: 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any:ime before they are due,but the Note Holder may apply any tendered payments first to any amounts thon due and owing under this Note or under the Security Instrument and then to principal not yet due. A payment of principal only is known as a "prepayment'. A prepayment of all the unpaid principal is known as a"full prepayment'. A prepayment of only part of the unpaid principal is known as a'partial prepayment".When I make a prepayment 1 will tell the Note Holder in writing that I am doing so. If I make a partial prepayment,there will be no changes in the due dates or amounts of my subsequent scheduled monthly payments unless the Note Holder agrees in writing to those changes. Partial prepayments shall be applied to the last scheduled installments in reverse chronological order,unless otherwise required by applicable law,starting with the final scheduled monthly installment. If the aggregate amount of principal prepaid in any twelve(12)month period exceeds twenty percent(20%)of the original principal amount of this Note during the first (T W 0) 2 year(s)commencing from the date of this Note,then as consideration for the acceptance of such prepayment,and in addition to any other sum payable hereunder,I agree to pay the Note Holier a prepayment charge equal to six(6)months interest on the amount of any prepayment exceeding(2001;)of the original principal loan amount. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However,any reduction due to my partial prepayment may be offset by an interest rate increase. 2. Section 3 of the Note regarding application of payments is hereby amended by adding prepayment charges to the list of'other charges'. /" yf /� (Seal)— _(Seal) i,,,,,,.e, EDNA M. B E R T 0 L E T T E 600�r�J C E . B E R T 0 L E T T E lr (Seal) (Seal) eo, EOI/PPS Prepay Rider ARM JW t 2/30!02 Enift One u FbIn ur, Inc.Cbinjwny ALLONGE TO NOTE For purposes of further endorsement of the f)llowin,g described vote, the allonge is affixed and becomes a permanent part of said Note. Note Date: June 20, 2005 I..oan Amount: $152,750.00 Bon•ower(s): Edna M. Bertolette Jack E. Bertolette Property Address: 1603 Carlisle Road Twp. of Lower Allen (Camp Hil), PA 17011 ■.■■■■■■■.■.■■■■■.. ■■■■•••■■■••■■■■••■1•q■••■■•■•■••■■•••■■••■•••••■i••, This Allonge is being made part of the above described Note, for the purpose of correcting the endorsement of said Note to read as follows: WITHOUT' RECOURSE PAY TO THE ORDER OF: Equity One, inc., DBA Popular Financial Sci-vices John oke, VP 301 Lippincott Drive ❖ Marlron, ICJ 08053 Phone: 856 • 396 • 2600 ❖ r::x: 856 • 396 • 2744 Exhibit C After Recording Rafum to: Bayview Loan Servidrig,L€C Attn:Jennifer McGovern 4425 Ponce de Leon Blvd.,5th Floor Coral Gables:FL 33146 LOAN ADJUSTMENT AGREEMENT This sari ad;usfinent agl' ment is made oral entered Into as of January 05,20A 2 (the Effective Date),by allri between,sayview Loan Servicing,LLC,("Sarvme')and EDNA M. BERTOLETfE and JACK E BERTOLETTE("Borrower'). E�ECITA�xS A, Servioer is I"holder or servicing agent of the holder of that certain Promissory Nate(Note')dated 06=2005,executed by Borrower Of ftrower's predecessor-in-sn^erest fn the otiginsi ari»dpal sum of$152,750-00. B. The mote evidences a ban(^Loan")to Borrower or Borrowers predecessor-fn-interest out OW2012006.in the original principal sum Of $152,750,00 along wdh a Deed of Trust or Mortgage("Security instrumer r)securing said Note.The Security Instrument creates a secured lien on certain rest property("Property")owned by Borrower,(and Is more specifically described to the Security Instrument).The Note and Security Instrument and all other ban documents related to the Loan are hereinafter collectively referred to as the"Loan Documents". C. Due to adverse Occnamic circumstar ces,Borrower has requested Servioer to adjust the scheduled amatlyation of the Nate to permit Borrower to rneet Boncwer"s obligmions to Servitr_r in full and in a timely manor.The requested adju5iment will benefrt Borraver.SerV;cer and any junior then holder,by avoiding the possible foreclosure of the Loan by Servicer. Accordingly,4 is considered to be In the best interest of all conoamed to enter this Loan Adjustment Agreement("Agreement"). D. Bo;rcrer hereby Agrees that this Agreement may only became effective upon Borrowers comt?E=tic»of the Stipulation Agreement dated 0110512012.It Borrower successfully ixOhrplefes ail the terms of said Strpula!IOM Servicer will execute this. Agreement and adjust the Loan aoxrordingly.However,said execution Is subject to Borrowers addressing and deariog of any and alI titteissues to Sentiatrs satisfaction.Art payments made pursuant to the Stipulation Agreement(with the exception of the down payment mentioned belay)wilt be credited to payments aut under this Agreement. E.Both Borrower and Sarvicer^crepy agree that Scn ber may.in its sole discretion,record this Agreement ACaftEE�1�NI NOW,THEREFORE,Borrower and Service!hereby agree as follows; I. NOTE MODIFfCATIONS: (a) Outstanding Debt: Borrower agrees that the unpaid principal balance oue on the Note of 5146,37727(including credit for Stipulation Agreement downpaymenr,shop be.rncreased by 512,249 97 the amount of the unpaid Instatiments,interest,late charges,fees and assts, and,it applicable,any advances for unp�jd property taxes andfor Insurance premiums("Unpaid Sums Due"),for a total unpaid principal balance due of S158,62724 t New Balance").Borrower agrees to the accuracy of the allegations contained in the above Recitals as well as to the authenticity and vaidityofeach document referred to herein and to the validity of the unpaid sums due and the New Balance.Borrower egrees to pay the Unpaid Sums Due to Servicer and that Wshe has no defenses, claims,or offsets with respect thereto-Interest and payments will aocrue an the New B813n0e at the Merest rates,whether adjustable,variable orfixed,provided in fire Note,unless modified by this Agreement, Slip to Mod Agreement Letter ARM(Step Rate)Loan N Page t of 3 _ zwa_,:z, .,•xt,a.;.;„„x. :a,-»�rr�;ee..�:..sm= .s,:�,�,.�w,...,.�,.>_: �:,;•aa�::> ��„�mm;:<..�..•�•�•.e,»�.-:a:».�»x.:"-r�d,�.-e�.,»+.c..,,,,m.;a,-,.., _ " (b)New Monthly Payments.Payment Adjustments: Effective c on the Borrowers mOrtU}ly payment due 12'Q91 011.BOrrO>u T's monthly principal and interest payment will be $664.'£4.The estimated mOntntjr escrow payment will be $436.66.Ali payments received by Servrcer will be Credited towards amounts due under the loan. (c)New Interest Rate: ° Et€eeS1ia on t;FtS}i2011 to 9 t,'b172013,Borrowet'S Fate of interest will be 2.00%.Effective On 1110112013,the interest rate will adJUSt according to the terms of the note and Ike note will CO,,trot iha interest rate for the remainder of the tens(with the exception that the highest interest rate will not exceed 6 00%6 The annual Increase in the Interest rate will be capped at 1%'"T and the lowest interest rate will not fat;below 2.00?s for the remainder of file term). r' (d)New Maturity Date: ✓ The maturity date will be 04101 12036,on which date any unpaid interest and all other sums due shall be paid in full. 2, ESTABLISHMENT OF IMPOUNDIESCftOW ACCOUNT. Borrower acknowledges that Se."Cer will establish an impound+eSCMw accotint for the Collection of property taxes and insurance premiums if such account is not currently In existence,Servioer will analyze the impoundlescrew account from time to ti.. As a result of this analysis,the escrow portion of Borrower's monthly payment may change.Borrower further acknowledges That the escrow portion of higher monthly payment may be substantially Higher than the estimate.(Note:to Certain states,impound,'escrow, accounts do not Coiled for payment Of taxes pertaining to Bond1Special Assessments and irr igation,'Water District). 1 RELEASE: Borrower releases Servicer,45 subsldlaries,afflrfates,agents,Officers and employees,from any and atf claims,damages or liabilities Of any kind existing on the date Of this Agreement.which are in any way connected with the Loan,the servicing of the Loan,or events ww€ich lead up to or resulted in Borrower entering i,no firs Agreement:Borrower waives any rights which BOnwrer may have under federal or state statute or common law principle which may provide that a general release does not extend to Claims which are not known to exist at the time of execution.Including tirdho tt limitation,CB010mia Civil Code§154Z.which provides as follows;A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT T'0 EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 4. AGREEMENT NOT TO ENCUMBER: Borrower agrees that I,wit€net voluntarily or involuntarl y(i)grant any interest in or option with respect le,any of the Property;or (ii)create or permit to exist any lien,Security interest,or other charge or encumbrance upon Or with respect to any 0*the Property, except for Seivicer`s already existing security interest and lien,or sell the Property for the benefit of Itself or any party of in any manner other than that corriemplaied by this Agreement. 5. CHANGE IN FINANCIAL STATUS: In the event Borrower or any Successor Or assignee,shalt(I)Ste Conn any bankruptcy OOUrt of competent jurisdiction or made the, subject of any petition under Title i 1 of the United States Code,as amended("Banxruptoy Code'):(4)be the subject of any order for relief issued under the Bankruptcy Code,(Iii)fife or be the subject of any petition seeking any reorganization,arrangement, COmPOStton,readjustment,liquidation,dissolution or similar relief under any present or future federal or state act or law relating to bankruptcy:irtsolvervq,Or other relief for deb ms;(Iv)have Sought,or consented to,or aOqutesced in,the appointment of by any court of Competent Jurisdiction approving a petition t,od against sun patty for any reorganization, any trustee, receiver: conservator,or iiquidater,or,(v)be the subject Of any order,judgment or decree entered arrangement composition,readjustment, liquidation,dissolution,or similar relief under any present Or future federal w state act or law relating to bankruptcy,insolvency,or Other relief for deblors,"Mini,subject to Court approval,Sery im shalt thereupon be entitled and BOnOwer Irrevocably+consents to relief from any automatic stay imposed by section 362 Of the Sank,uptcy,code or tnh't wise,on or agafrst the exercise Of the rights and remedies otherwise available to Servicer,including,but not BmRed to,Immediate termination of this Agreement and filing and/ or proceeding with the foreclosure and damage action,and any other remedy as otherwise provided at law in equity,and Borrower hereby irrevocably agrees that nelshe shall not object to alld hereby Irrevocably waives hisrher rights to objet to Servicer'S requests for such relief,This provision is a material inolrxrvsent for SerAcer to enter into this Agreement, 6. NO OTHER CHANGES: Except as expressly adjusted by this Agreement,all of the Covenants,agreements,stipulations,and condiirons in the Note slid the SoCUrify InStrumer#remain LTMod4led and M.full force and effect.The Security Instrument continues LO secure on a firs;and prior lien basis the due and punctual payments Of the Note,as rnod;fied by this Agreement.None of Borrower's obligations or liabilities under the Security Instrument shatl be diminished or released by any provisions herein, Nor shaft this Agreement in any way Impair,diminish,or affect any of the Borrower's rights or remedies in the Security Instrument whether such rights or remedies arise he;em or by operation of law,Any inserted tern;,changes or additions to this Agreement will immediately render it nulf arch void. Borrower is encouraged to review this Agreement with histher legal advisor prior to signing it,but by signing the below Borrower has voluntarily signed this Agreement. Slip to Mod Agreement Letter ARM(Step Rate)Loan No. Page 2 of 3' ..,,.. .,r,.»;, •.„-.�..,..,rca»�. " .•z.r....,.,..,.�.�"�;>M>v�..„.».w..,?...,,�... �,:".,�„r...»,.”, w.,..w.«._,., i• ,,.,h,.., „�.. ,,..•»»,.„.„,,,,>v,..»„�,rv»a..,. oV)'•:. r ... > ,,,., 'i.'.«rr«» a .v, ,.y ,«�«.. ....«r T'� i3i`°....w%,c_ P. ? NG?Et;ht.'4E;cCNSTRUCTtCy; . t!�,� ,gin v ;i1 n:ar.hY HL41.;ea c- r cs fa ^e ex,ttRfaA rt f5:_heU C,�r.;?n ? v^h.y Rpllnre,,me«ad`ut^#'u? .• .e` i-n qy a. ..ni i M1'.r,LCI}RR1int r1 -f r f UI tSSi Af`1 aAyy 1::::fh t:( Ara :n Ta 1 dR I 7. h.l A 'ih x�u f ,e:}.'1.in f n,*.,.c,:m'of rx,hl.F h•,ner,..nr.:n.l lrt.., 1,;t; :tl:r.:f:!�<,..e•re:v a+.sx:E:ns",i NO CRA;,,MODIPICATIOY' A:;��ri r:n1):'i n,Y!;Ji f:.!.E!!t.y:.'in.1 R'It;l;±!.!:7:,1:'t(fy"ry'.ly ryvrx'C1 uy it wf•Ei�tt i'.=:iXSIIFH;:Rt'GL;4c:by 'of Uic P"".tF,ior;F SU.C .4SC1RS t+NC ASSIGNS: l'7- J 4 J Wi'O' Vv f r�t�,_ATTOHNCV'S SC°].JIJrY TR+AL WA;JER i's. -v 1 ..S f f'1Y'x!.t T h e t, C h it ar:AC. 'J t Pt q T # h�a n ruin i.•n r c vc+p,nR pop �rs.u.LS i f:;'r:«.v..w ,...r,=fir. FOa:RQt•Je`R NrRF,9'i RkOW"k;*cY,VOLUNTARILY ANC rN T�?itt�:at.,t v Wy jLgttq HI 400 nipyT TO A TR3At.H1".tHGY i?t'2E$?GCT'TO ANY L}Ti^viT;tT[i OASEC HCRcnIII flR ARis{AG OUT C!,iJNUcR Cfi IN GOHNECTIGH ith7H 7H:S GQRGEMLNT;THt LOAN GOC41tAENTG; ANY GTt+grt VOCUtt4NTS EXECUTED QR WZLIV!REO I:r CONNECr.0,4 BEN"-VjiTH.',,NO ANY AGREEMENT CONTt'tPCATC„^TO SE£KECUTEO CR OELiVENEG 714 CONJUNCTION Ii:9EWiTti CR AQNY COURSE G;:GONn"CT.rOU.R.0 OF OEM.Wr':TATEMP.NT$htiNETHFR VpROAL ON WN-IT FEAT OR ACfIPI"'s tTr ANY PARTY.TII,$ I'S A MAIPRIAL INOUCEMEW r'(}R yEHVICCR ENTERING INTO Tws AOREEM__°Ni. By T Tr Hv ..r,.= _j'�,.n}'Rk(3> vr,�fp;Yi Sff<R'+.'M!y'�i.riAity't:;i3}Inij'LG,.et htfy ..G::,a':At;. If•i;l`.,L41f11;l�!,�i}FN;8.tf liJ?t,,j. 10111;12011 5:10PM zac:' i4'cFt3i .=c. . TO:i—_" 67=6131 j NOTARY ACKNOWLEDQEtV'FNT COWVYGF _I rotarQ notary. Public!r a"w;tR:r 60.x+d C runty.Rlm", .ly Lpnenrad, j"7G a1 the BOft.Yer{v). PerSCRe)Y kr�:^'a ^a;'or ts:wed tct rru ru 1ry;raarY tt fat+.ef ra t try mvi;:yr,iarl,n ba n°o Reraants;y,,h_.,p name{;}iaia e gotsclibec to the­thin if rlrurnen?;rid-acknowledge to me that halaheithay cxccutod the 5amc m hi.nn'mlulr :rutl9c;ftad e�gacdy.cs),'v shat by hrs/horteicir;,gnaturois)en the 4wrwrutnt Irc pet$t)ga)C.rt the entity:kon CCtt3K o'µlerGh SIi.J pfy rHU°ii(1;Act:Q,oy.ect,tOj tttp tn5tr„na�tl{. 'At TNESP,my hand and otrii ai 9?dt, y COvMONWEALTN OF PENNSYLVANIA Nculw sw� i PsMcle Shotwr,NotMY FV04 L.V Av.n T".,CVfi+b O"C"Iff my Cc%m stioit ftme Doc.6.10,t M.Mbop,Pannt is WO Ph s ;1tm�t1 ..e-1 10/1412011 5:18PM Exhibit D �2H \D P.' DEELS �a6 n 1 1Q05 JUN 22 H!q z11z Prepared By: Audrey Miller 301 Lippincott Drive Marlton, NJ 08053 Return -7�'7� Equit ne. Inc-, dba AMERICAN HOME TITLE AGENCY Popul Financial Service9STOWROAD STE.D 301 incott Drive. MARLTON,NJ 08053 Marl n. J 08053 Parcel Number: ISpace Above 11h IJne For lterordbng Daml MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, l3, 18,20 and 21.Certain rules regarding the usage of words used in this document are also provided in Section 16. (A)"Security InstrtNt"means this document,which is dated June 20. 2005 together with all Riders to this document. (B)"Borrower"isEDNA M. BERTOLETTE and JACK E. BERTOLETTE Borrower is the mortgagor under this Security Instrument- (C) "MERS"is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Larder and Lender's successors and assigns. MERE is the mort gagee under this Security L"trtmrent.MERS is organized and existing under the laws of Delaware,and has an address and telephone number of P.O.Box 2026,Flint MI 48501-2026,tel.(888)679-MERS. ■��� •- --- --ogle Family-Fannie Mae/Froddie Mae UNIFORM INSTRUMENT WITH MERS Form 3039 1101 1q-6AfPAl lono7l rye or re �SOW (80015 I ���oil VMf M"rt8epe W 07JO�,Inc.IBOW82t-7281 BK 191 1 PG3569 O)"Lender"is Equity One. Inc., dba Popular Financial Services i Leader isa Corporation organized and existing under the laws of Pennsylvania Lendeesaddressis 301 Lippincott Drive, Marlton. NJ 08053 (T)"Note"means the promissory note signed by Borrower and dated June 20, 2005 The Note states that Borrower owes Lender One Hundred Fi fty Two Thousand Seven Hundred Fifty and not100 Dollars (U.S.3152.750.00 )plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than July 1, 2035 (F)"Property"roans 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. (E0 "Riders"means all Riders to this Security Instrument that are executed by Borrower.The following Riders are to be executed by Borrower[check box as applicable): ®Adjustable Rate Rider ❑Condominium Rider []Second Home Rider El Balloon Rider O Planned Unit Development Rider®1-4 Family Rider vA Rider 0.8iweekly Payment Rider ®O&cr(s)(specify) MIU ASSIGNMENT OF RENTS (A "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final, non-appealable judicial opinions. (3)"Community Association Dues,Fees,and Assessments"means all dues,fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association, bomeawmn association or similar organization. (IQ "Electronic Funds Transfer"means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,computer,or magnetic tape so as to order,instruct,or authorize a financial institution to debit or credit an account_ Such term includes,but is not limited to,point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L)"Fsraaw Items"means those items that art:described in Section 3. (M)"Miscdtan ous Proceeds"means any compensation,settlement,award of damages,or proceeds paid by any third Party(other than insurance proceeds paid under the coverages described in Section 5)for:(i) damage to, or destruction of,the Property; 00 condemnation or other taking of all or any part of the Property;(iii)conveyance in lien of condemnation;or(iv)misrepresentations of,or omissions as to,the value arWor condition of the Property. (N)"Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on, the Loan. (0)"Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. y mw.rm: of,f�v 4R-BAMA)toao?) v.e x"r ie Form 3039 1/01 $1{ 19 1 1 Pia3570 (P)"BESPA"means the Real Estate Settlement procedures Act(12 U.S.C.Section 2601 et seq.)and its implementing regulation,Regulation X(24 C.F.R. Part 3500}, as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter.As used in this Security Instrument,"RESPA"refers to all requirements and restrictions that ace imposed in regard to a"federally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage loan"under RESPA. (Q)"S xxessor In Interest of Borrower"means any party the has taken fide to the Property,whether or not that party has assumed Borrower`s obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender:(i)the repayment of the Loan,and all renewals,extensions and modifications of the Note;and(ii)the performance of Borrower's covenants and agreements under this Security Instrument and the Note.For this purpose,Borrower does hereby mortgage.grant and convey to MFRS(solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS,the following described property located in the COUNTY [rya of Recording furi0lefionl Of CUMBERLAND tDt efReowd4rarbdicnool, SEE ATTACHED LEGAL DESCRIPTION which currently has the address of 1603 CARLISLE ROAD TWP OF [sat] LOWER ALLEN (CAMP HIL) ICiey),Pennsylvania 17011 aipCode) ("Property Address'): TOGETHER WITH all the improvements now or hereafter ttected on the property, and all easements. appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shalt also be covered by this Security Instrument. All of the foregoing is referred to in this Security Insaumeai as die"Property."Borrower uadexstands and agrees that MFRS holds only legal tide to the interests granteud by Borrower in this Seeanity Insttrmmrnt,but,if necessary to comply with law or custom,MERS(as nominee for I endex aml Lender's stucccssors and �rs}has the nght to exorcise any or ail of those iatortsts,including,butt Limited to,the right tut foree�ose and Sill the Property and to takt any atxirsn requiruxi of header including,but not limited W, releasing and canceling this Security j -6AtPAl town o.pe a a�e Ferm Waa 7101 BK 191 1 PG35711, BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered,except for encumbrances of record.Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURI'T'Y INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and lender covenant and agree as follows: I. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and bate Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and.fate charges due under the Note.Borrower shall also pay finds for Escrow Items pursuant to Section 3.Payments due under the Note and this Security Insuumment shall be made in U.S. currency.However,if any check or other instrument received by]ender as payment under the Note or this Security Instrument is returned to]ender unpaid,Lander may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (e) 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,insmancrtatity,or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current.Lander may accept any payment or partial payment insufficient to bring the Iran current,without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future,but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due dare,then Lender need not pay interest on unapplied funds.Lender may hold such unapplied fiends until Borrower makes payment to bring the Loan currant.If Borrower does not do so within a reasonable period of time,Lender shall either apply such funds or remmrn them to Borrower.If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security bwuutiment or perfarming the covenants and agreements secured by this Security instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Larder shall be applied in the following order of priority:(a)interest due tinder the Note;(b)principal due under the Note;(c)amounts duc under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due.Any remaining amounts shall be applied first to late charges,second to any other amounts due under this Security Instrument,and then to reduce the principal balance of the Nate. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any date charge due,the payment may be applied to the delinquent payment and the late charge.If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment -.. ai-GA(PA)awn P.D.a d 16 Farm 3034 1/01 r BK 191 1 Fu3572 can be paid in full.To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any laic charges due. Voluntary Prepayments shall be applied fast to any prepayment charges and then as described in the Note. Any application of payments,insurance proceeds,or Miscellaneous Pr000eds to principal due under the Note shall not extend or postpone the due date,or change the amoiwt,of the Periodic Payments, 3. Funds for Escrow Items.Borrower shall pay to Leader on the day Periodic Payments are due under the Note,until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for(a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property;(b)leasehold payments or ground rents on the Property,if any;(c) premiums for any and all insurance required by Lender under Section 5; and(d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in'accordancc with the provisions of Section 10. These items are called "Escrow Items."At origination or at any time during the term of the Loan,Lender may require that Community Association Dues, Fees, and Assessments. if any, be escrowed by Borrower, and such dues, foes and assessments shall be an Escrow Item.Borrower shall promptly furnish to Leader all notices of amounts to be paid under this Section.Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Leer may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time.Any such waiver may only be in writing.In the event of such waiver,Borrower shall pay directly,when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and,if Leader requires, shall furnish to Leader receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instnmltntt,as the phrase"covenant and a mzmcat" is used in Section 9. If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,and Borrower fails to pay the amount due for an Escrow Item,Lender may exercise its rights under Section 9 and pay such amount and Borrower shalt then be obligated under Section 9 to repay to Lender any such amount, Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and,upon such revocation,Borrower shall pay to Leader all Funds,and in such amounts,that are then required under this Section 3. Lender may,at any time,collect and hold Fends in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA,and(b)not to exceed the maximum amount a leader can require under RESPA. Lender shall estimate the amount of Foots due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law, The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality.or entity(including Lender.if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Batik.Leader shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA.Lender shall not charge Borrower fear holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge.Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds.Borrower and Leader can agree in writing,however,that interest rr:cm,c is•f`�- tt-SA(PA)moo v.o.s a le Form 3039 1161 8K 191 i PG357V4 i shall be paid on the Funds.Lender shall give to Borrower,without charge,an annual amounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA.If there is a shortage of Funds held in escrow, as defined under RESPA,Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly payments.If there is a deficiency of Funds held in escrow,as defined under RESPA,Lender shalt notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of aU sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges-, Liens. Borrower shalt pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instnrmem,leasehold payments or ground rents on the Property,if any,and Community Association Dues.Fees,and Assessments.if any.To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument un less Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,but only so long as Borrower is performing such agreement;(b)contests the lien in good faith by,or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Leader subordinating the lint to this Security Instrument.If Lender determines that any pan of the Property is subject to a Iien which can attain priority over this security Instrument,Lender may give Borrower a notice identifying the lien.Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Leader in connection with this Loan. 5.Property Instu once.Borrower shalt keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage,"and any other hazards including,but not limited to,earthquakes and floods,for which Lender requires insurance. This insurance shall be maintained in the amounts(including deductible levels)and for the periods that Lender requires.What Lender requires pursuant to the preceding sentences can change during the term of the Loan.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's Tight to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require.Borrower to pay, in connection with this Loan. either. (a) a one-time charge for flood zone determination,certification and tracking services; or(b)a one-time charge for flood zone determination and certification services and subsequent charges each time remappittgs or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. at-SMPAt mon Pm 8.1 is Fwm 3039 1101 EK 191 1 ru3574 If Borrower fails to maintain any of the coverages described above,Lender may obtain insurance coverage, at Lender's option and Borrower's expense. bender is under no obligation to purchase arty particular type or amount of coverage.Therefore,such coverage shall cover Lender,but might or right not protect Borrower.Borrower's equity in the Property,or the contents of the property,against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect.Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained,Any amounts disbursed by Lender under this Section S"1 become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Leader's right to disapprove such policies, shall include a standard mortgage clause, and shall name I endcr as mortgagee and/or as an additional loss payee.Lender shall have the right to hold the policies and renewal certificates.If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.If Borrower obtains any form of insurance coverage,not otherwise required by Lender, for damage td,or destruction of,the Property,such policy shall include a standard mortgage clause and shall frame Lender as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the inmiance carrier and Lender.Lender may make proof of loss if not mane promptly by Borrower.Unless Lender and Borrower otherwise agree in writing,any insurance proceeds,whether Or not the underlying insurance was required by Lender,shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened.Turing such repair and restoration period,Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken Promptly.Leader may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the wont is completed.Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds,Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower.if the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower.Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file,negotiate and settle any available insurance claim and related matters.If Borrower does not respond within 30 days to a notice from Leader that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim.The 30-day period will begin when the notice is given. In either event, or if Leader acquires the property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance Proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,and (b) any other of Borrower's rights (other than the right to any refund of uncemed premiums paid by Borrower)under all insurance policies covering the property,insofar as such rights are applicable to the coverage of the property.Lender may use the insurance proeexxls either to repair or restore the Property or ar Ints unpaid under the Note or this Security Instrument,whether or not then due. Ct-SAMAI iw7) vqp r m 15 Form 3099 1101 O K I 9 1 I F'i1;;5 7 5 G. Occupancy. Borrower shall occupy,establish, and use the property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing, which consent shall net be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections.Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.Whether or not Borrower is residing in the Property,Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to,or the taking of,the Property,Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes.Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the worst is completed.If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Leader or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause.Lender may inspect the interior of the improvements on the Property.Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,misleading,or inaccurate information or statements to Leader (or failed to provide Lender with material information) in connection with the Loan. Material representations include,but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9.Protection of Lender's Interest in the Property and Rights Under this Security Instrument.If (a)Borrower fails to perform the covenants and agreements contained in this Security InstrnrnCat,(b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture,for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations),or(c)Borrower has abandoned the Property,then Leader may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this security Instrument,including protecting and/or assessing the value of the Property,and securing and/or repairing the Property.Lender's actions can include,but are not limited to:(a)paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys'fees to protect its interest in the Property xWor rights under this Security Instrument,including its secured position in a bankruptcy proceeding. Securing the Property includes,but is not limited to, entering the Property to make repairs,change locks,replace or board up doors and windows,drain water from pipes,eliminate building or other code violations or dangerous conditions,and have utilities turned on or off.Although Lender may take action under this Section 9.Lender does not have to do so and is not under any duty or obligation to do so.It is agreed that Lender incurs no liability for not tatting any or all actions authorized under this Section 9. C -6AMAltowr) noeaw,a Form 3039 trot OK1911i'G3576 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease.If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Leader agrees to the merger in writing. 10.Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.If,for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insuruzcc previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Iusuraace coverage is not available,Borrower shall continue to pay to Leader the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept,use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve.Leader can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance.If lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to mate separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requitement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law.Nothing in this Section 10 affects Bormwer's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may enter into agreements with other parties that share or modify their risk,or reduce lasses.These agreements are on term and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreernents.These agreentertts may require the Mortgage insurer to make payments using any source of funds that the mortgage ina,rnr may have available(which may include fiords obtained from Mortgage Insurance premiums). As a result of these agreements.Lender,any purrhsseu r of the Note,another insurer,any reinsurer, any other entity,or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from(or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of lender takes a share of the insurer's risk in exchange for a shave of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance."Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any other terms of the Loan.Such agreements,will not increase the amount Borrower will owe for Mortgage IuRn-ante,and they will not entitle Borrower to any r eftmd. - (R•6AIPA)woli P"sot 16 Farm 3039 1101 SK 191 1 PG3577` (b)Any such agreements will not affect the rights Borrower has-if any-with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law_These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance,to have the Mortgage Insurance terminated automatically,and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged.such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,Lender shall have the right to bold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the worst has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly.Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed.Unless an agrcm=t is made in writing or Applicable Law requires intent to be paid on such Miscellaneous Proceeds,Lender shall not be requited to pay Borrower any interest or earnings on such Miscellaneous Prods.If the restoration or repair is not economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due,with the excess,if any,paid to Borrower.Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction.or loss in value,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a)the total anoint of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking,destruction,or loss in value.Any balance shall be paid to Borrower. In the event of a partial taking,destruction.or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction,or loss in value,artless Borrower and Lender otherwise agree m writing,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due, If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Patty(as defined in the next sentence)offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sins secured by this Security Instrument,whether or not then due."Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding,whether civil or criminal,is begun that,in Lender's judgment, could result in forfeiture of the Property or other material impairment of Leader's interest in the Property or rights under this Security Instrument.Borrower can cure such a default and,if acceleration has occurred,reinstate as provided in Section 19,by causing the action or proceeding to be bitltla -6A(PA)toabrl paw mom is Fort 3039 1101 8K 191 1 PG3578' dismissed with a ruling that,in Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument.The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2, 12. Borrower Not Released;Forbearance By Lender Not a'Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower.Lenbet shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower.Any forbearance by Lender in exercising any right or remedy including. without limitation, Leader's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13.Joint and Several Liabllity;Co-signers;Successors;and Assigns Bound.Borrower covenants and agrees that Borrower's obligations and liability sball be joint and several.However,any Borrower who co-signs this Security instrument but does not execute the Note(a "co-signer"): (a)is co-signing this Security Instrument only to mortgage,grant and convey the co-signer's interest in the Property under the terms of this Security instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower can agree to extend,modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing,and is approved by Lender,shall obtain all of Borrower's rights and benefits under this Security lnetnnr nt.Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20)and benefit the successors and assigns of Leader. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default,for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,including,but not limited to,attorneys'foes,property inspection and valuation fees. In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees that are expressly prohibited by this Setauity Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collated in connection with the Loan exceed the permitted limits,then:(a)any such Ioan charge shalt be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permiled limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note).Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge_ 15.Notices.All notices given by Borrower or Lender in connection with this Security Instrument must he in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to 4%-BAMAiw4w) P.D.11 w is Form 3039 1/01 BK 191 1 PG3579 s have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means.Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the property Address unless Borrower has designated a substitute notice address by notice to lender.Borrower shall promptly notify Leader of Borrower's change of address.If Larder specifies a procedure for reporting Borrower's change of address,then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by fast class mail to Leader's address stated herein unless lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Leader unlit actually received by Lender.If any notice required by this Security Instrument is also required muter Applicable Law, the Applicable Law requitement will satisfy the corresponding requirement under this Security Instrtrtrant. 16. Governing Law; Severabillty; Rides of Const ruction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shall not be construed as a prohibition against agreement by contract.In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Caw,such conflict shall not affect other provisions of this Security instrurneut 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. 19.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower.As used in this Section 18, 'Interest in the property'means any legal or beneficial interest in the Property,including,but not limited to,those beneficial interests transferred in a bond for deed,contract for deed,insWh=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 Borrower is sold or transferred)without Lender's prior written consent, Leader may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Leader exercises this option, Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security instrument.If Borrower fails to pay these suns prior to the expiration of this period, Lender may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. 19. Borrower's RTgbt to Reinstate After Aeoderatkm. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security lasnomeat discontinued at any time prior to the earliest of:(a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b)such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)pays Lender all snots which then would be due under this Security Instrument and the Now as if no acceleration had occurred;(b)cafes any default of any other covenants or �anye; r lJ' ek-"(PA)town Pew 12&to Form 3039 1/01 .8K 191 1 rG358 . agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument;and(d) takes such action as Lender may reasonably require to assure that Lender's interest m the Property and rights under this Security Instrument,and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged.Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a)cash; (b)money order; (c) certified check,bank check,treasurer's chock or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity;or(d)Electronic Funds Transfer.Upon reinstatement by Borrower,this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had oeam-od. However,this right to reinstate shall not apply in the case of acceleration under Section 18. 20.Sale of Note;Change of Loan Serviter;Notice of Grievance.The Note or a partial interest in the Note(together with this Security Instrument)can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity(known as the "Loan Servicer")that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note,this Security Instrument,and Applicable Caw.There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note.If there is a change of the Loan Servicer,Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing.If the Note is sold and thereafter the Ivan is serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Gender may commence,join,or be joined to any judicial action(as either an individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of,this Security Insutmrnt,until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and oppommity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances,pollutants,or wastes by Environmental Law and the following substances: gasoline, kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials; (b)"Environmental Caw"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection;(c) "Favironmental Cleanup"includes any response action,remedial action,or removal action,as defined in Environmental law;and(d)an"Environmental Condition" means a condition that can cause, contribute m, or otherwise trigger an Environmental Cleanup. ak-SA(PA)row7) v.p 13.116 from 3039 1101 BK 191 1 PG358 I Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances,or threaten to release any Hazardous Substances,on or in the Property.Borrower shall not do, nor allow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental Law.(b)which creates an Environmental Condition,or(c)which,due to the presence,use,or release of a Hazardous Substance,creates a condition that adversely affects the value of the Property.The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recog!4u to be appropriate to normal resideutial uses and to maintenance of the Property(including,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Leader written notice of(a)any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition,including but not limited to,any spilling,leaping,discharge,release or threat of release of any Hazardous Substance, and(c)any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property.If Borrower learns,or is notified by any governmental or regulatory authority,or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary.Borrower shall promptly take all necessary remedial actions in accordance with Euviremme mal Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 22.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 19 unless Applicable Law provides otherwise). Lender shall notify Borrower of,among other things;(a)the default,(b)the action required to are the default;(c)when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the semis secured by this Security Instrument,foredomm by judicial proceeding and sale of the Property.Lender shall further inform Borrower of the tight to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.If the default Is not cured as specified,Lender at its option may require immediate payment in fall of all sums secured by this Security Instrument without further demand and may fareduse this Security Instrument by judicial proceeding.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including,but not limited to,attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23.Release.Upon payment of all sums secured by this Security Instrutent,this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence,Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument,but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24.Waivers.Borrower,to the extent permitted by Applicable Law,waives and releases any error or defects in proceedings to enforce this Security Instrument,and hereby waives the benefit of any present or future laws providing for stay of execution,extension of time,exemption from attachment,levy and sale, and homestead exemption. 25.Reinstatement Phriod.Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26.Purchase Money Mortgage. If any of the debt secured by this Security lamumcm is lent to Borrower to acquire title to the Property,this Security Instrument shall be a purchase motley mortgage. 27.Interest Rate After Judgment.Borrower agrees that the interest rate payable after a judgmrnt is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from titre to time under the Note. at-BAIPA)m4on P, ea of IS Fenn 3099 1101 —'aP 8K1911PG3582 BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: EDNA M. BERTOLETTE -Bower JA E. B OLETTE Bo,.ower (Seal) (Seal) -BO^D1 -9ormwer (Seal) (Seal) -8011v T -Bonower (Seal) (Seal) -Bormw r -Borrower 4R-6A(PA)(m7i Pw.Is a is Fwm 3039 1101 8K19 1 1 FG3583, COMMONWEALTH OF PENNSYLVANIA, County ys: On this,the 20th day of June, 2005 ,before rne,the undersigned officer,personally appeared EDNA M. BERTOLETTE and JACK E. BERTOLETTE !mown to me(or satisfactorily proven)to be the person(s)whose names) i9tare subscribed to the within in¢tnuncut and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF,I hereunto set my band and official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA I�,, Ndarfal seal ` o L�,(JA q t.tt.,�..�1,'V - Valerie S.staatNac Notary Ptb6e Hampden TwR,Cunbedard Canty has My Conxrtissbn Entree Now 30.2008 __/-� Member,Pennsvivarta Association Of Notaries ' 1 OLt J),tq p�/1 w v Tide of Officer .!' Certificate of deuce 1, rQ'SM�C6e....>E do hereby certify that the correct address of the within-named Mortgagee is P.O.Box 2026,Flint,MI 48501-2026. Witness my Nana this 20th day of June 0 Agent of Mortgagee Inkiel.� at—(PA)tenon v.s.t s a t e Form 3039 1/01 BK 19 1 1 Fi33584 i OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY File No.AHT-10824 SCHEDULE C ALL that certain lot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in Lower Allen Township, in the County of Cumberland, State of PA,bounded and described as follows: BEGINNING at an iron pin on the southern right-of-way of Carlisle Road on the line of adjoiner between Lots Nos. 1 & 2; thence along Lot No. 2 South 04 degrees 55 minutes 00 seconds East 70.00 feet to an iron pin; thence continuing along the same South 85 degrees 05 minutes 00 seconds West 10 feet to an iron pin; thence continuing along the same,South 04 degrees 55 minutes 00 seconds East 130.00 feet to an iron pin at the lands now or formerly of William Hampton; thence along said lands South 85 degrees 05 minutes 00 seconds West 85.00 feet to an iron pin at lands now or formerly of Miriam D_Souders;thence along said lands and Lots Nos. 13 and 32 on Plan of Highland Village recorded in Plan Book 3, Page 98, North 04 degrees 55 minutes 00 seconds West 200.00 feet to an iron pin on the Southern right-of-way line of Carlisle Road;thence along said right-of-way line North 85 degrees 05 minutes 00 seconds East 95.00 feet to an iron pin,the point and place of BEGINNING. CONTAINING 17,700 Square feet. BEING known as Lot No. 1 on the Preliminary Final Subdivision Plan for Jack E. Bertolette dated June 13, 1989 and Recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 58, Page 143. FOR INFORMATION PURPOSES ONLY: BEING Known as Parcel Nos. 13-23-0547-503 on the Official Talc Map of Lower Allen Township- Commonly}mown as 1603 Carlisle Road. BX 191 1 PG3585 ADJUSTABLE RATE RIDER (LIBOR Index-Rate Ca THUS ADJUSTABLE RATE RIDER is made this 20tH day of June. 2005 and is incorporated into and shall be deemed to amend and supplement the Mortgage,Deed of Trost or Deed to Secure Debt(the"Security Instrument")of the same date given by the undersigned(the"Borrower")to secure Borrower's Note to Equity One, Inc., dba Popular Financial Services (the"Lender")of the same date and covering the property described in the Security Instrument and located at: 1603 CARLISLE ROAD TWP OF,LOWER ALLEN (CAMP HIL),PA 17011 [Properly Add—) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT.THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MA)UIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS.In addition to the covenants and agreements made in the Security bvsbumcnt,Borrower and Lender further covenant and agree as follows: A.INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 9.5500 °f. The Note provides for changes in the interest rate and the monthly payments,as follows: 4.INTEREST RATE AND MONTHLY PAYMENT CHANGES (A)Change Dates The interest rate I will pay may change on the fust day of July, 2007 and on that day every sixth month thereafter.Each date on which my interest rate could change is called a"Change Date," MULTISTATE ADA)STABI.E RATE RIDER•LWOR INDEX-at+pie F4mIy-Freddie MK ModM d Irstrum d RAaawo Vape 1014 badab_ 12284327 USSR ARM RIDER) V 3197215R JB 058888 97M)99 BK191 1PG3586 (S)The Index Beginning with the fast Change Date,my interest rate will be based on an Index.The'Index"is the average of interbank offered rates for six-month U.S, dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the mouth immediately preceding the month in which the Change Date occurs is called the"Current Index," If the Index is no longer available,the Note Holder will choose a new index that is based upon comparable information.The Note Holder will give me notice of this choice. (C)Calculation of Changes Before each Change Date,the Note Holder will calculate my new interest rate by adding Six and One I Half percentage points( 6.5000 to the Current Index.The Note Holder will then round the result of this addition to the next highest 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 he sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments.The result of this calculation will be the new amount of my monthly payment, (D)Limits on Interest Rate Changes The interest rate I am required to pay at the frost Change Date will not be greater than 12.5500 % or less than 9.5500 %. Thereafter,my interest rate will never be increased or decreased on any single Change Date by more than one and one half percentage points(1.500%)from the rate of interest I have been paying for the preceding six months.My interest rate will never be greater than 15.5500 %or less than 0.5500 %over the life of the loan. (E)Effective Date of Changes My new interest rate will become effective on each Change Date.I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. Intaais: J0 (ante a sm r.ana nary aidrrry 3M4M Page of 1 to osoout 07,20W B 1911PG3587 (F)Notice of Changes The Note Holdcr will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change.The notice will include information required bylaw to be given me and also the title and telepbone uumbcr of a person who will answer any question I may have regarding the notice. B.TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrummcat is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any Interest in the Property is sold or transferred(or if a Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lendds prior written consent,Lender may,at its option, require immediate payment in full of all sums secured by this Security Instrument However,this option shall not be exercised by Lender if exercise is prohmbited by Applicable Law.Lender also shall not exercise this option if:(a)Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and(b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Under. To the extent permitted by Applicable Law,Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption.Lender may also require the transferee to sign an assumption. agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security hmatrumcnt 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, ro•aors 9M d 0121 UanR ARM RIDER) 31924168 38 050008 07121100 B1{ 191 1 FG358$ BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. cLr. A l (Seal) (Seal) EDNA M. BERTOLETTE B°°°"" JAC . (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower 4a,— r (Seal) (S-0 -�O°'R -Borrower Page 4 of 4 rMS 8 347 LIBOR MM RID81) _ 3102-0i5R JB osaoog 07nlro0 1i t_tltll v`:'i i`i:I LI �,(ILUl";.1. fS BK 19 t t PG3589 Recorder of Cecos Assignment of Rents Rider THIS RIDER is made this 2 0 t h day of J u n e 2 0 0 5 and is incorporated into and shall be deemed to amend and supplement the Mortgage,Deed of Trust or Security Deed(the"Security Instrument')of the same date given by the undersigned(the"Borrower")to secure Borrower's Note to Equity One . Inc . , d b a Popular Financial Services (the"Lender")of the same date and covering the Property described in the Security Instrument and located at: 1603 CARLISLE ROAD TWP OF LOWER ALLEN ( CAMP HIL ) , PA 17011 [Property Addressl COVENANTS.In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender-further covenant and agree as follows: A.ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT.In addition to the Property described in the Security Instrument,the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description,and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in,on,or used,or intended to be used in connection with the Property, including,but not limited to,those for the purposes of supplying or distributing heating,cooling,electricity, gas,water,air and light,fire prevention and extinguishing apparatus,security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto,shall be deemed to be and remain a part of the Property covered by the Security Instrument.All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold)are referred to in this Rider and the Security Instrument as the"Property." Page 1 of 4 Initials MU Az iWvrf t W Km6 Fdda A 050057 04-M-01 BK 19 1 1 PG3590 B.USE OF PROPERTY;COMPLIANCE WITH LAW. Borrower shall not seek,agree to or make a change in the use of the Property or its zoning classification,unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C.RENT LOSS INSURANCE.Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. D."BORROWER'S RIGHT TO REINSTATE"DELETED.Section 19 is deleted. E. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. F. ASSIGNMENT OF LEASES.Upon Lender's request after default,Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment,Lender shall have the right to modify,extend or terminate the existing leases and to execute new leases,in Lender's sole discretion.As used in this paragraph F,the word"lease" shall mean "sublease"if the Security Instnmtent is on a leasehold. G.ASSIGNMENT OF RENTS;APPOINTMENT OF RECEIVER;LENDER IN POSSESSION.Borrower absolutely and unconditionally assigns and transfers to Lender all.the rents and revenues('Rents")of the Property,regardless of to whom the Rents of the Property are payable.Borrower authorizes Lender or Lender's agents to collect the Rents,and agrees that each tenant of the Property shall pay the Rents to Lender or Lenders agents.However,Borrower shall receive the Rents until(i)Lender has given Borrower notice of default pursuant to the Security Instrument and(ii)Lender has given notice to the tenant(s)that the Rents are to be paid to Lender or Lender's agent.This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower.(i)all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only,to be applied to the sums secured by the Security Instrument;(ii) Lender shall be entitled to collect and receive all of the Rents of the Property;(iii) Page 2 of 4 Initials 61 ra05MB 04-02.01 SK1911PG359I Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant;(iv)unless applicable law provides otherwise,all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds,repair and maintenance costs,insurance premiums,taxes,assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received;and(vi)Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed,and will not perform,any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower.However,Lender, or Lender's agents or a judicially appointed receiver,may do so at any time when a default occurs.Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. H.CROSS-DEFAULT PROVISION.Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. -- -___ __ Page 3 of 4 Initials MU Ao*vimt*M=ts Bider JB 030059 04-0201 BK 19 1 I P6359Z BY SIGNING BELOW,Borrower accepts and agrees to the terms and provisions contained in this Rider. (ol.Lc. lG I( f� - (Seal) ( ) Sommer EONA M . BERTOLETTE Borrower AC BERTOLETTE (Seal) (Seal) Borrower Borrower (Seal) (Seal) Borrower Borrower (Seal) (Seal) Borrower Borrower Page 4 of 4 Initials 9 MU AwiVwxM ofRane Rids M OS000O 04-02-01 8K19I1Pr;3593 Exhibit E ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY . 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 = Instrument Number-201124996 Recorded On 9/8/2011 At 11:31:21 AM *Total Pages-3 *Instrument Type-ASSIGNMENT OF MORTGAGE Invoice Number-92968 User ID-ES *Mortgagor-BERTOLETTE,EDNA M *Mortgagee-BA- VIEW LOAN SERVICING LLC *Customer-MATTLEMAN *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3-00 TOTAL PAID $50.50 I Certify this to be recorded k in Cumberland County PA i oQ cuye / RECORDER O 7EDS �rso *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 003FLF III IIIIIIIIII I II III I IIIII lil File Number:902.81054 .Prepared by:Martin S. Weisberg,Esq. 003F�F Return To: . Mattleman,Weinroth&Miller,P.C. 401 Route 70 E,Suite 100 Cherry Hill,NJ 08034 ASSIGNMENT OF MORTGAGE KNOWN ALL MEN BY THESE PRESENTS,that in consideration of the sum of TEN and NO 1100ths DOLLARS and other good and valuable consideration,paid to the herein named Assignor,the receipt and sufficiency of which is hereby acknowledged,that the Assignor,Mortgage Electronic Registration Systems,Inc.as nominee for Equity One,Inc.,dba Popular Financial Services.,its successors and assigns located at P.O.Box 2026 Flint MI 48501-2026 does hereby assign the said Mortgage together with the Note or Notes or other evidence of indebtedness (the"Note"),said note having an original principal balance of$152,750.00 with interest,secured thereby,together with all moneys now owing or that may hereafter become due or owing in respect thereof,and the full benefit of all the powers and of all the covenants and provisos therein contained,to Assignee:Bayview Loan Servicing LLC,a Delaware Limited Liability Company at 4425 Ponce de Leon Blvd.,Coral Gables,FL 33146. Mortgage dated June 20,2005 recorded'on June 22,2005 Book: 1911 Page:3569 Mortgagee: Mortgage Electronic Registration Systems,Inc. as nominee for Equity One,Inc.,dba Popular Financial Services Mortgagor: Edna M Bertolette and Jack E.Bertolette Property Address: 1603 Carlisle Road,Township of Lower Allen(Camp Hill),PA 17011 Parcel F.D.: 13-23-0547-503 This assignment is being made without warranty,expressed or implied and with recourse to the Assignor in any event. TO HAVE AND TO HOLD the said Security Instrument and Note,and also the said property unto the said Assignee,its successors and assigns,forever subject only to the terms and conditions contained in said Security Instrument and Note. IN WITNESS WHEREOF,the Undersigned Corporation has caused this instrument to be executed on this 24`h day of August,2011. MORTGAG5YAX,ffRONIC REGISTRATION SYSTEMS,INC. AS NO EQUITY ONE,INC. POPULAR FINANCIAL SERVICES y: Robert G. w, ice-President State of Florida ) }ss: County of Miami-Dade ) On this 20 day of August,2011,before me personally came Robert G.Hall to be known,who being duly sworn,did depose and say that he/she is the Vice-President of Mortgage Electronic Registration Systems,Inc.,as Nominee for Equity One,Inc.,dba Popular Financial Services.,the corporation described in and which executed the above instrument;and that he/she signed his/her name thereto and of directors of said corporation. ANISSA HICM ISON ,r NrVPq •4+'� °%." Notary Public•State of Flnri x My Comm.Expires Nov 14,2014 c•r •'- d Commission av EE 34649 Bonded Ihroug A "'..�;oor�,.• h National Notary Assn nissa Hick CERTIFICATE OF RESIDENCE FOR ASSIGNMENT OF MORTGAGE BETWEEN MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC., AS NOMINEE FOR EQUITY ONE,INC.,dba POPULAR FINANCIAL SERVICES AND BAYVIEW LOAN SERVICING,LLC I, Martin S. Weisberg,Esquire,hereby certify that the Assignee's precise residence address is: 4425 Ponce De Leon Blvd., 5`'Floor, Coral Gables,FL 33146. WR , Exhibit F ALL that certain lot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in Lower Allen Township, in the County of Cumberland , State of PA, bounded and described as follows: BEGINNING at an iron pin on the southern right-of-way of Carlisle Road on the line of adjoiner between Lots Nos. 1 & 2; thence along Lot No. 2 South 04 degrees 55 minutes 00 seconds East 70.00 feet to an iron pin; thence continuing along the same South 85 degrees 05 minutes 00 seconds West 10 feet to an iron pin; thence continuing along the same, South 04 degrees 55 minutes 00 seconds East 130.00 feet to an iron pin at the lands now or formerly of William Hampton; thence along said lands South 85 degrees 05 minutes 00 seconds West 85.00 feet to an iron pin at lands now or formerly of Miriam D.Souders;thence along said lands and Lots Nos. 13 and 32 on Plan of Highland Village recorded in Plan Book 3, Page 98, North 04 degrees 55 minutes 00 seconds West 200.00 feet to an iron pin on the Southern right-of-way line of Carlisle Road; thence along said right-of-way line North 85 degrees 05 minutes 00 seconds East 95.00 feet to an iron pin,the point and place of BEGINNING. CONTAINING 17,700 Square feet. BEING known as Lot No. 1 on the Preliminary Final Subdivision Plan for Jack E. Bertolette dated June 13, 1989 and Recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 58, Page 143. FOR INFORMATION PURPOSES ONLY: BEING Known as Parcel Nos. 13-23-0547-503 on the Official Tax Map of Lower Allen Township. Commonly known as 1603 Carlisle Road Exhibit G 7103 8687 4300 0687 0835 EDNA M. BERTOLETTE 1603 CARLISLE ROAD LOWER ALLEN, PA 17011 06/24/2013 4425 Ponce de Leon Blvd./5th Floor/Coral Gables, FL 33146/Tel: (800)457-5105 BAYVIEW LOAN SERVICING,LLC June 24,2013 page 2 VIA FIRST CLASS MAIL AND CERTIFIED MAIL/RRR EDNA M.BERTOLETTE 1603 CARLISLE ROAD LOWER ALLEN, PA 17011 NOTICE OF DEFAULT RE: Loan Number: Property Address: 1603 CARLISLE ROAD LOWER ALLEN, PA 17011 Dear Borrower, The undersigned is writing to you on behalf of Bayview Loan Servicing,LLC. You are hereby notified that you,together with any applicable co-borrowers and guarantors,are in default under the terms and conditions of the above-referenced loan(the"Loan"). The loan is in default for failure to make the following monthly mortgage payments: June 1,2013 Payment: $1,059.00 Current Late Charges: $34.24 NSF Fee Balance: $0.00 Unapplied Balance: $0.00 Other Fee Balance: $0.00 Corporate Advance: $0.00 Total Past Due: $1,093.24 Please immediately submit payment by wire transfer or certified funds in the total amount stated above. Wire instructions follow for you reference. Wire Transfer Instructions: Bank Name: JP Morgan Chase ABA Number: 021000021 Account Name: Bayview Loan Servicing,LLC Account Number: 687018614 Additional Information: Loan No.0200035363; Attn:Donna Diaz 4425 Ponce de Leon Blvd./5th Floor/Coral Gables, FL 33146/Tel: (800)457-5105 BAYVIEW LOAN SERVICING,LLC June 24,2013. page 3 Additionally,you will remain liable for any additional interest,charges and costs of collection incurred by the Lender,including reasonable attorney fees,as permitted under the documents evidencing the Loan and/or applicable law. Failure to submit the above total amount in full will result in acceleration of the Loan,thereby causing the entire indebtedness,including fees and advancements,to be immediately due and payable in full without further notice or demand. Continued failure to pay thereafter may result in the initiation of a foreclosure action and the ultimate sale of the above-referenced property presently securing the Loan. To the extent permitted under the documents evidencing the Loan and/or applicable law,you and any related co-borrowers and guarantors will remain personally liable for any deficiency balance on the Loan remaining after said sale,including all costs and charges associated therewith. Nothing contained herein shall constitute an election of remedies or waiver or limitation of Lender's rights,including the right to take any action with respect to any collateral securing your liabilities to the Lender,as may be permitted by the loan documents and/or applicable law. This is an attempt to collect a debt. Any information will be used for that purpose.If you have any questions concerning this default, please contact the undersigned at: (800)771-0299 Ext:7119 Donna Diaz BAYVIEW LOAN SERVICING,LLC cc:Legal Department 4425 Ponce de Leon Blvd./5th Floor/Coral Gables, FL 33146/Tel: (800)457-5105 7103 8687 4300 0687 0828 EDNA M. BERTOLETTE 1603 CARLISLE RD CAMP HILL, PA 17011-7506 06/24/2013 4425 Ponce de Leon Blvd./5th Floor/Coral Gables, FL 33146/Tel: (800)457-5105 BAYVIEW LOAN SERVICING,LLC June 24,2013 page 2 VIA FIRST CLASS MAIL AND CERTIFIED MAIL/RRR EDNA M.BERTOLETTE 1.603 CARLISLE RD CAMP HILL, PA 17011-7506 NOTICE OF DEFAULT RE: Loan Number: Property Address: 1603 CARLISLE ROAD LOWER ALLEN, PA 17011 Dear Borrower, The undersigned is writing to you on behalf of Bayview Loan Servicing,LLC. You are hereby notified that you,together with any applicable co-borrowers and guarantors,are in default under the terms and conditions of the above-referenced loan(the"Loan"). The loan is in default for failure to make the following monthly mortgage payments: June 1,2013 Payment: $1,059.00 Current Late Charges: $34.24 NSF Fee Balance: $0.00 Unapplied Balance: $0.00 Other Fee Balance: $0.00 Corporate Advance: $0.00 Total Past Due: $1,093.24 Please immediately submit payment by wire transfer or certified funds in the total amount stated above. Wire instructions follow for you reference. Wire Transfer Instructions: Bank Name: JP Morgan Chase ABA Number: 021000021 Account Name: Bayview Loan Servicing,LLC Account Number: 687018614 Additional Information: Loan No.0200035363; Attn:Donna Diaz 4425 Ponce de Leon Blvd./5th Floor/Coral Gables, FL 33146/Tel: (800)457-5105 BAYVIEW LOAN SERVICING,LLC June 24,2013 page 3 Additionally,you will remain liable for any additional interest,charges and costs of collection incurred by the Lender,including reasonable attorney fees,as permitted under the documents evidencing the Loan and/or applicable law. Failure to submit the above total amount in full will result in acceleration of the Loan,thereby causing the entire indebtedness,including fees and advancements,to be immediately due and payable in full without further notice or demand. Continued failure to pay thereafter may result in the initiation of a foreclosure action and the ultimate sale of the above-referenced property presently securing the Loan. To the extent permitted under the documents evidencing the Loan and/or applicable law,you and any related co-borrowers and guarantors will remain personally liable for any deficiency balance on the Loan remaining after said sale,including all costs and charges associated therewith. Nothing contained herein shall constitute an election of remedies or waiver or limitation of Lender's rights,including the right to take any action with respect to any collateral securing your liabilities to the Lender,as may be permitted by the loan documents and/or applicable law. This is an attempt to collect a debt. Any information will be used for that purpose.If you have any questions concerning this default, please contact the undersigned at: (800)771-0299 Ext:7119 Donna Diaz BAYVIEW LOAN SERVICING,LLC cc:Legal Department 4425 Ponce de Leon Blvd./5th Floor/Coral Gables, FL 33146/Tel: (800)457-5105 i 7103 8687 4300 0687 0842 JACK BERTOLETTE 1603 CARLISLE ROAD LOWER ALLEN, PA 17011 06/24/2013 4425 Ponce de Leon Blvd./5th Floor/Coral Gables, FL 33146/Tel: (800)457-5105 BAYVIEW LOAN SERVICING,LLC June 24,2013 page 2 VIA FIRST CLASS MAIL AND CERTIFIED MAIL/RRR JACK BERTOLETTE 1603 CARLISLE ROAD LOWER ALLEN,PA 17011 NOTICE OF DEFAULT RE: Loan Number: Property Address: 1603 CARLISLE ROAD LOWER ALLEN, PA 17011 Dear Borrower, The undersigned is writing to you on behalf of Bayview Loan Servicing,LLC. You are hereby notified that you,together with any applicable co-borrowers and guarantors,are in default under the terms and conditions of the above-referenced loan(the"Load'). The loan is in default for failure to make the following monthly mortgage payments: June 1,2013 Payment: $1,059.00 Current Late Charges: $34.24 NSF Fee Balance: $0.00 Unapplied Balance: $0.00 Other Fee Balance: $0.00 Corporate Advance: $0.00 Total Past Due: $1,093.24 Please immediately submit payment by wire transfer or certified funds in the total amount stated above. Wire instructions follow for you reference. Wire Transfer Instructions: Bank Name: JP Morgan Chase ABA Number: 021000021 Account Name: Bayview Loan Servicing,LLC Account Number: 687018614 Additional Information: Loan No.0200035363; Attn:Donna Diaz 4425 Ponce de Leon Blvd./5th Floor/Coral Gables, FL 33146/Tel: (800)457-5105 BAYVIEW LOAN SERVICING,LLC .tune 24,2013. page 3 Additionally,you will remain liable for any additional interest,charges and costs of collection incurred by the Lender,including reasonable attorney fees,as permitted under the documents evidencing the Loan and/or applicable law. Failure to submit the above total amount in full will result in acceleration of the Loan,thereby causing the entire indebtedness,including fees and advancements,to be immediately due and payable in full without further notice or demand. Continued failure to pay thereafter may result in the initiation of a foreclosure action and the ultimate sale of the above-referenced property presently securing the Loan. To the extent permitted under the documents evidencing the Loan and/or applicable law,you and any related co-borrowers and guarantors will remain personally liable for any deficiency balance on the Loan remaining after said sale,including all costs and charges associated therewith. Nothing contained herein shall constitute an election of remedies or waiver or limitation of Lender's rights,including the right to take any action with respect to any collateral securing your liabilities to the Lender,as may be permitted by the loan documents and/or applicable law. This is an attempt to collect a debt. Any information will be used for that purpose.If you have any questions concerning this default, please contact the undersigned at: (800)771-0299 Ext:7119 Donna Diaz BAYVIEW LOAN SERVICING,LLC cc:Legal Department 4425 Ponce de Leon Blvd./5th Floor/Coral Gables, FL 33146/Tel: (800)457-5105 7103 8687 4300 0687 0859 JACK BERTOLETTE 1601 CARLISLE ROAD CAMP HILL, PA 17011 06/24/2013 4425 Ponce de Leon Blvd./5th Floor/Coral Gables, FL 33146/Tel: (800)457-5105 BAYVIEW LOAN SERVICING,LLC June 24,201.3 page 2 VIA FIRST CLASS MAIL AND CERTIFIED MAIL/RRR JACK BERTOLETTE 1601 CARLISLE ROAD CAMP HILL,PA 17011 NOTICE OF DEFAULT RE: Loan Number: Property Address: 1603 CARLISLE ROAD LOWER ALLEN, PA 17011 Dear Borrower, The undersigned is writing to you on behalf of Bayview Loan Servicing,LLC. You are hereby notified that you,together with any applicable co-borrowers and guarantors,are in default under the terms and conditions of the above-referenced loan(the"Load'). The loan is in default for failure to make the following monthly mortgage payments: June 1,2013 Payment: $1,059.00 Current Late Charges: $34.24 NSF Fee Balance: $0.00 Unapplied Balance: $0.00 Other Fee Balance: $0.00 Corporate Advance: $0.00 Total Past Due: $1,093.24 Please immediately submit payment by wire transfer or certified funds in the total amount stated above. Wire instructions follow for you reference. Wire Transfer Instructions: Bank Name: JP Morgan Chase ABA Number: 021000021 Account Name: Bayview Loan Servicing,LLC Account Number: 687018614 Additional Information: Loan No.0200035363; Attn:Donna Diaz 4425 Ponce de Leon Blvd./5th Floor/Coral Gables, FL 33146/Tel: (800)457-5105 BAYVIEW LOAN SERVICING,LLC June 24,2013. page 3 Additionally,you will remain liable for any additional interest,charges and costs of collection incurred by the Lender,including reasonable attorney fees,as pennitted under the documents evidencing the Loan and/or applicable law. Failure to submit the above total amount in full will result in acceleration of the Loan,thereby causing the entire indebtedness,including fees and advancements,to be immediately due and payable in full without further notice or demand. Continued failure to pay thereafter may result in the initiation of a foreclosure action and the ultimate sale of the above-referenced property presently securing the Loan. To the extent permitted under the documents evidencing the Loan and/or applicable law,you and any related co-borrowers and guarantors will remain personally liable for any deficiency balance on the Loan remaining after said sale,including all costs and charges associated therewith. Nothing contained herein shall constitute an election of remedies or waiver or limitation of Lender's rights,including the right to take any action with respect to any collateral securing your liabilities to the Lender,as may be permitted by the loan documents and/or applicable law. This is an attempt to collect a debt. Any information will be used for that purpose.If you have any questions concerning this default, please contact the undersigned at: (800)771-0299 Ext:7119 Donna Diaz BAYVIEW LOAN SERVICING,LLC cc:Legal Department 4425 Ponce de Leon Blvd./5th Floor/Coral Gables, FL 33146/Tel: (800)457-5105 1664 THE COURTS FORM 1 Bayview Loan Servicing, LLC, a Delaware IN THE COURT OF COMMON PLEAS Limited Liability Company CUMBERLAND COUNTY, 4425 Ponce De Leon Boulevard PENNSYLVANIA 5th Floor Coral Gables, FL 33134, lug �7a y' Plaintiff, CIVIL Vs. i i C`J Edna M. Bertolette 1603 Carlisle Road , Twp of Lower Allen, Camp Hill, PA 17011, i � + G 3 and i =n _ O Jack E. Bertolette i 1603 Carlisle Road Twp of Lower Allen, Camp Hill, PA 17011, Defendants NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20) days of the appointment date. During that meeting, you must provide the legal representative within twenty(20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a PENNSYLVANIA BULLETIN,VOL.42,NO. 13,MARCH 31,2012 Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully subm' ed: Date ` ick esner, Es-uir Milstead& Associates L C 220 Lake Drive Easi, Suite 301 Cherry Hill,NJ 08002 856-482-1400 856-482-9190 (f) PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012 THE COURTS 1665 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑No❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes❑No ❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy?Yes❑No❑ 4.27849 PENNSYLVANIA BULLETIN,VOL.42,NO. 13,MARCH 31,2012 1666 THE COURTS If yes,provide names,location of court,case number&attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#l:Model: Year: Amount Owed: Value: Automobile#2:Model: Year: Amount Owed: Value: Other transportation(automobiles,boats,motorcycles): Model: Year: Amount Owed: Value Monthly Income Name of Employees: 1. 2. 3. Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2° Mortgage Utilities Car Payment(s)) Condo/Neigh.Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop.payment Install.Loan Payments Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes❑No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: 4.27849 2 PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012 THE COURTS 1667 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)assistance? Yes M No If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes El No If yes,please mi'dicate the status of those negotiations: Please provide the following information,if know,regarding your lender or lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: AUTHORIZATION IIWe, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options.I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation(hardship letter) Listing agreement(if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith _. Chief Deputyr n } Richard W Stewart Solicitor ti s CF's ��\k-����j P\1'41 Bayview Loan Servicing, LLC vs. Case Number Edna M. Bertolette (et al.) 2013-5704 SHERIFF'S RETURN OF SERVICE 10/03/2013 03:52 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jack E. Bertolette, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 1603 Carlisle Road, Lower Allen Township, Camp Hill, PA 17011. Property is vacant. 10/03/2013 03:52 PM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Edna M. Bertolette, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 1603 Carlisle Road, Lower Allen Township, Camp Hill, PA 17011. Property is vacant. 10/04/2013 05:36 PM-Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Edna M. Bertolette at 1601 Carlisle Road, Lower Allen Township, Camp Hill, P GUTSHAL PUTY 10/04/2013 05:36 PM-Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Edna Bertolette-Wife,who accepted as"Adult Person in Charge"for Jack E. Bertolette at 1601 Carlisle Road, Lower Allen Township, Camp Hill, PA 17011. TSHALL, PUN SHERIFF COST: $77.90 SO ANSWERS, October 07, 2013 RONIV R ANDERSON, SHERIFF tC)CuuntySuie Shertt€,Te1ceS0fY,f!"C. MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire -,,w yrJ i'L--ED-0�FJjt?��i/C- ? u4� THE PR071fcN0TARy ID No. 315501 220 Lake Drive East, Suite 301 2I 13 DEC 19 AM 10, 55 Cherry Hill,NJ 08002 (856) 482-1400 Attorney WSERtAND CDIINT'Y File Number: 4.27849 PENNSYLVANIA Bayview Loan Servicing,LLC,a Delaware COURT OF COMMON PLEAS Limited Liability Company CUMBERLAND COUNTY 4425 Ponce De Leon Boulevard 5th Floor Coral Gables,FL 33134, Plaintiff, No.: 13-5704 j Vs. i Edna M.Bertolette 1601 Carlisle Road Twp of Lower Allen, Camp Hill,PA 17011 i and i Jack E.Bertolette 1601 Carlisle Road Twp of Lower Allen, Camp Hill,PA 17011, Defendants ' PRAECIPE FOR JUDGMENT,INREM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Edna M. Bertolette and Jack E. Bertolette,Defendants, for failure to file an Answer on Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $155,044.38 Interest 9/1/13 through 12/16/13 $897.73 TOTAL $155,942.11 I hereby certify that(1)the addresses laintiff and D endan re as shown above and(2) that notice has been given in accordance wi Rul 2 1. cop he . obert W. Williams, Esquire A orney fo laintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: / x — OTHONOTARY �� Sp^�cQi ►vn���`u. MrL�o��1gS10`1 { MILSTEAD &ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No.203145 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856)482-1400 Attorney for Plaintiff Our file number: 4.27849 Bay-view Loan Servicing, LLC, a Delaware i COURT OF COMMON PLEAS Limited Liability Company, i CUMBERLAND COUNTY Plaintiff, No.: 13-5704 Vs. Edna M. Bertolettc I and I Jack E. Bertolette, Defendants TO: Edna M. Bertolette Jack E. Bertolette 1601 Carlisle Road, 1601 Carlisle Road, Twp of Lower Allen, Twp of Lower Allen, Camp Hill, PA 17011 Camp Hill,PA 17011 DATE OF NOTICE: December 3, 2013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU,HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to claims set forth against you. Unless you act within ten(10) days from the date of this notice, a judgment may be entered against you without a hearing and.you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If Page 1 of 3 you cannot afford to hire a lawyer, this office may be abie to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD & ASSOCIATES, LLC r Patrick 3 We5ner,��Esk u{re ID No. 203145 Attorney for Plaintif Page 2 of 3 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856) 482-1400 Attorney for Plaintiff File Number: 4.27849 Bayview Loan Servicing, LLC, a Delaware COURT OF COMMON PLEAS Limited Liability Company, i CUMBERLAND COUNTY Plaintiff, No.: 13-5704 Vs. Edna M. Bertolette and Jack E. Bertolette, T i Defendants VERIFICATION OF NON-MILITARY SERVICE Robert W. Williams, Esquire, hereby certifies that he is attorney for the Plaintiff in the above-captioned matter, and verifies the following facts to the best of his information and belief: 1. inquiry has been made with the Department of Defense, and it has been determined that Defendants are not in the Military or Naval Service of the United States or its Allies, and/or do not fall within the provisions of the Servicemembers Civil Relief Act of 2003, 50 USC App.§ 501 2. defendant, Edna M. Bertolette, is over 18 years of age, 3. defendant, Jack E. Bertolette, is over 18 years of age, . (� DATE: }1 obert W. Williams, Esquire Department of Defense Manpower Data Center Results as of:Dec-17-2013 10:33:48 SCRA 3.0 -Pu unt tea Servicemeinben civil Relief Act Last N8me: BERTOLETTE First Name:.EDNA Middle Name: Active Duty Status As Of: Dec-17-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End De te Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/HerUnit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date :Order Notification Start Date '' Order Notification End Dale '. Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notlflcatlon to report for active duly Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 4h, A F i� I Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 ' Department of Defense.Manpower Data Center Results as of:Dec-17-2013 10:34:00 V SCRA 3.0 t staff Report Pursuant t+ ervice embers Civil belief Act Last Name: BERTOLETTE Ili First Name: JACK Middle Name: Active Duty Status As Of: Dec-17-2013 On Active Duty,On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the Individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date 'Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early,notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 4hut r Pf a w Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856) 482-1400 Attorney for Plaintiff File No. 4.27849 Bayview Loan Servicing, LLC, a Delaware COURT OF COMMON PLEAS Limited Liability Company CUMBERLAND COUNTY Plaintiff, No.: 13-5704 Vs. CIVIL ACTION MORTGAGE FORECLOSURE Edna M. Bertolette Jack E. Bertolette Defendants CERTIFICATE OF SERVICE I, Robert W. Williams, Esquire, do hereby certify that the Complaint in Mortgage Foreclosure was served upon Defendants, Edna M. Bertolette and Jack E. Bertolette on October 4, 2013 by the Cumberland County Sheriff. A copy of the Service Returns are attached hereto and made a part hereof as Exhibit "A". I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18Pa.C.S4Rbert elatin to unsworn falsification to authorities. W. i ams, Esquire Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ratnaari Jody S Smith Chief Deputy Q gil Richard W Stewart ,`„-,,.,; ,,-, ° Solicitor OFF ICE OF 7H,E;h'.ERWF Bayview Loan Servicirg, LLC vs. Case Number Edna M. Bertolette(et al.) 2013-5704 SHERIFF'S RETURN OF SERVICE 10/032013 03:52 PM- Ronny R Anderson, Sheriff,being duly sworn according to law, states he made diligent searc) and inquiry for the within named Defendant to wit: Jack E.Bertolette,but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Forecosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found" at 1603 Carlisle Road, Lower Allen Townsiip, Camp Hill, PA 17011. Property is vacant. 10/032013 03:52 PM- Ronny R Anderson, Sheriff,being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Edna M. Bertolette, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Forecosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found" at 1603 Carlisle Road, Lower Allen Townsnip, Camp Hill, PA,17011. Property is vacant. '0/04/2013 05:36 PM- Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy 10 a person representing themselves to be the Defendant, to wit: Edna M. Bertolette at 1601 Carlisle Road, Lower Allen Township, Camp Hill, PA ^1. GUTSHAL , FUTY 0/04/2013 05:33 PM- Deputy Shawn Gutshall, being duly swan according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to oe Edna Bertolette-Wife,who accepted as"Adult . Person in Charge"for Jack E. Berolette at 1601 Carlisle Road, Lower Allen Township, Camp Hill, PA 17011. __ TSHALL, PUTY SHERIFF COST: $77.90 SO ANSWERS, October 07, 2013 RCN Y R ANDERSON, SHERIFF (c)C�untySuits Sheriff,'-eleosoff,Inc. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Edna M. Bertolette 1601 Carlisle Road Twp of Lower Allen, Camp Hill, PA 17011 Bayview Loan Servicing, LLC, a Delaware COURT OF COMMON PLEAS Limited Liability Company, CUMBERLAND COUNTY Plaintiff, No.: 13-5704 Vs. Edna M. Bertolette, and Jack E. Bertolette, Defendants NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Robert W. Williams, ESQ. 315501 MILSTEAD & ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. J OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Jack E. Bertolette 1601 Carlisle Road Twp of Lower Allen, Camp Hill, PA 17011 Bayview Loan Servicing, LLC, a Delaware COURT OF COMMON PLEAS Limited Liability Company, CUMBERLAND COUNTY Plaintiff, No.: 13-5704 Vs. Edna M. Bertolette, and Jack E. Bertolette, Defendants i NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Robert W. Williams, ESQ. 315501 MILSTEAD & ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. -4r �..: 1 2 l 1 l3 i -OFFICS- Or' 1 fit P OT��C�NOTA�`j MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire 291.3 DEC 19 AN 10: 54 ID No. 315501 i CUMBERLAND COUNTY Lake Drive East, Suite 301 PENNSYLVANIA Hill,NJ 08002 (856) 482-1400 Attorney for Plaintiff File Number: 4.27849 Bayview Loan Servicing,LLC, a Delaware COURT OF COMMON PLEAS Limited Liability Company, CUMBERLAND COUNTY t Plaintiff, ' Vs.. No.: 13-5704 i Edna M. Bertolette, Entry of Appearance and Jack E. Bertolette; Defendant(s). ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, in the above captioned matter. I TEA SSO I TES, LLC Ro ert W. Williams, Esquire Attorney ID No. 315501 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bayview Loan Servicing, LLC, a Delaware CIVIL ACTION Limited Liability Company, Plaintiff, NO.: 13-5704 Vs. PRAECIPE FOR WRIT OF EXECUTION Edna M. Bertolette (Mortgage Foreclosure) and Jack E. Bertolette, Defendants TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of Cumberland County; 2. Against the Defendant(s) in the above-captioned matter; 3. and index this writ against the Defendant(s) as follows: cn a,7 Edna M. Bertolette Jack E. Bertolette Real Property involved: 1603 Carlisle Road v - Twp of Lower Allen, Camp Hill, PA 17011 Amount Due $155,942.11 Interest from 12/17/13 to Date of Sale at $8.39 per diem (6%) TOTAL (Costs to be added) Respectively submitted, • .teao & As *dates, L DATE: -., Ro.ert W. Williams, Esquire )062s. s.cS Attmey for Plaintiff 220 Lake Drive East, Suite 301 77 q 0 OBE Cherry Hill, NJ 08002 Io3.75 " I(v.50 is 6;.106 - P� f L e Co 50 LL ?E Gllri-i° MILSTEAD&ASSOCIATES,LLC BY: Robert W. Williams, Esquire ID No. 315501 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856)482-1400 Attorney for Plaintiff File Number: 4.27849 Bayview Loan Servicing,LLC,a Delaware COURT OF COMMON PLEAS Limited Liability Company, CUMBERLAND COUNTY Plaintiff, Vs. No.: 13-5704 Edna M.Bertolette and AFFIDAVIT OF SERVICE Jack E. Bertolette, PURSUANT TO RULE 3129.1 Defendants Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 1603 Carlisle Road, Twp of Lower Allen, Camp Hill, PA 17011: 1. Name and address of Owners(s) or Reputed Owner(s): Edna M.Bertolette Jack E.Bertolette 1601 Carlisle Road 1601 Carlisle Road ';1 Twp of Lower Allen, Camp Hill, Twp of Lower Allen, Camp Hill, :r- _ PA 17011 PA 17011 -'- 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Bayview Loan Servicing,LLC,a Delaware Limited Liability Company (Plaintiff herein) 4425 Ponce De Leon Boulevard 5th Floor Coral Gables,FL 33134 4. Name and Address of the last recorded holder of every mortgage of record: Bayview Loan Servicing,LLC,a Delaware Limited Liability Company (Plaintiff herein) 4425 Ponce De Leon Boulevard 5th Floor Coral Gables,FL 33134 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant Department of Domestic Relations 1603 Carlisle Road Cumberland County Courthouse Twp of Lower Allen, Camp Hill,PA 17011 13 N.Hanover Street Carlisle,PA 17013 Commonwealth of Pennsylvania Department of Welfare Lower Allen Township Tax Office P.O.Box 2675 1939 Walnut Street Harrisburg,PA 17105 Camp Hill,PA 17011 Cumberland County Tax Bureau West Shore School District 21 Waterford Drive, Suite 201 507 Fishing Creek Road Mechanicsburg,PA 17050 P.O.Box 803 New Cumberland,PA 17070 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Robert W. Williams, squire Attorney for Plaintiff Date: )4C1 24 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S) Edna M. Bertolette Jack E. Bertolette PLAINTIFF/SELLER: Bayview Loan Servicing, LLC, a Delaware Limited Liability Company DEFENDANT(S): Edna M. Bertolette Jack E. Bertolette PROPERTY: 1603 Carlisle Road Twp of Lower Allen, Camp Hill, PA 17011 (Improvements erected thereon) JUDGMENT AMOUNT: $155,942.11 CUMBERLAND COUNTY No.: 13-5704 The above captioned property is scheduled to be sold at Sheriff's Sale on June 4, 2014 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013. You may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed hereto within 10 days after the filing of the schedule. Sincerely, Robert W. Williams, Esquire MILSTEAD & ASSOCIATES, LLC Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 4.27849 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856) 482-1400 Attorney for Plaintiff File Number: 4.27849 Bayview Loan Servicing, LLC, a Delaware COURT OF COMMON PLEAS Limited Liability Company, CUMBERLAND COUNTY Plaintiff, No.: 13-5704 Vs. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT Edna M. Bertolette TO PA.R.C.P.3129 and Jack E. Bertolette, T 27 Defendants TAKE NOTICE: Your house (real estate) at 1603 Carlisle Road, Twp of Lower Allen, Camp°Mill, PA 17011, is scheduled to be sold at sheriffs sale on June 4, 2014 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of$155,942.11 obtained by Bayview Loan Servicing, LLC, a Delaware Limited Liability Company. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To Prevent this Sheriffs Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead&Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 4.27849 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-5704 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAYVIEW LOAN SERVICING, LLC,a Delaware Limited Liability Company, Plaintiff(s) From EDNA M. BERTOLETTE and JACK E. BERTOLETTE (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $155,942.11 L.L.: $.50 Interest from 12/17/13 to Date of Sale at$8.39 per diem(6%) Atty's Comm: Due Prothy: $2.25 Atty Paid: $226.65 Other Costs: Plaintiff Paid: Date: 1/17/14 .0 i �•_� • David D. Buell, Prothonota (Seal) : .d/ Deputy REQUESTING PARTY: Name: ROBERT W. WILLIAMS,ESQUIRE Address: MILSTEAD&ASSOCIATES,LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL,NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No.315501 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY I LI 1110 hip yy�11 t JU t S. -6 A 45 1.Vf� �- 1 CUMBERLAND COUNT' PENNSYLVANIA Bayview Loan Servicing, LLC vs. Edna M. Bertolette (et al.) Case Number 2013-5704 SHERIFF'S RETURN OF SERVICE 03/27/2014 12:14 PM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1603 Carlisle Road, Camp Hill, PA 17011, posted ground, residence was destroyed by fire in early 2014. 03/27/2014 12:14 PM - Deputy Stephen Bender, being duly sworn according to law, attempted service to the Defendant, to wit: Jack E. Bertolette at 1601 Carlisle Road, Lower Allen Township, Camp Hill, PA 17011. The Defendant was found to be deceased, residence was destroyed by fire in early 2014. 03/27/2014 12:14 PM - Deputy Stephen Bender, being duly sworn according to law, attempted service to the Defendant, to wit: Edna M. Bertolette at 1601 Carlisle Road, Lower Allen Township, Camp Hill, PA 17011. The Defendant was found to be deceased, residence was destroyed by fire in early 2014. 06/03/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $1,024.54 June 03, 2014 c) ConuntySu; e Snerift. 'f eho5ott, Inc SO ANSWERS, RON R ANDERSON, SHERIFF • I 1 1, On January 27, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 1603 Carlisle Road, Camp Hill, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: January 27, 2014 By: r , Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-5704 Civil Term Bayview Loan Servicing, LLC vs. Edna M. Bertolette Jack E. Bertolette Atty.: Patrick J. Wesner ALL THOSE CERTAIN tracts of land situate in Lower Allen Township, Cumberland County, Pennsylvania, as more particularly described as follows to wit: BEGINNING at an iron pin on the southern right-of-way of Carlisle Road on the line of adjoiner between Lots Nos. I & 2; thence along Lot No.2 South 04 degrees 55 minutes 00 seconds East 70.00 feet to an iron pin thence continuing along the same South 85 degrees 05 minutes 00 seconds West 10 feet to an iron pin; thence continuing along the same, South 04 degrees 55 minutes 00 seconds East 130.00 feet to an iron pin at the lands now or formerly of William Hampton; thence along said lands South 85 degrees 05 minutes 00 seconds West 85.00 feet to an iron pin at lands South 85 degrees 05 minutes 00 seconds West 85.00 feet to an iron pin at lands now or for- merly of Miriam D. Souders; thence along said lands and Lots Nos. 13 and 32 on plan of Highland Village Recorded in Plan Book 3, Page 98, North 04 degrees 55 minutes 00 seconds West 200.00 feet to an iron pin on the southern right -of- way line of Carlisle Road; thence along said right-of-way line North 85 degrees 05 minutes 00 seconds East 95.00 feet to an iron pin, the point and place of BEGINNING. CONTAINING 17,700 square feet. Title to said Premises vested in Jack E. Bertollete & Edna M. Berto- lette, his wife by Deed from Leonard S. Conley and Laura M. Conley, his wife dated 5/2/1990 and recorded on 5/3/1990 in the Cumberland 28 County Recorder of Deeds in Book 34, Page 970. Being known as 1603 Carlisle Road, Twp of Lower Allen, Camp Hill, PA 17011. Tax Parcel Number: 13-23-0547- 503. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 18, April 25 and May 2, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this da of Ma 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. 2020TTechnojogy Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he atriotXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} •ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2013.5704 Civil Term Bayview Loan Servicing, LLC Vs Edna M. Bertolette Jack E. Bertolette Atty: Patrick J. Wesner ALL THOSE CERTAIN TRACTS )F LAND SITUATE IN OWE ALLEN TOWNSHIP, :LIMB LAND COUNTY, 4 ?ENNS LVANIA, AS MORE 'ARTIC LARLY DESCRIBED AS A FOLLOWS TO WIT: BEGINNING AT AN IRON PIN ON THE SOUTHERN RIGHT- OF -WAY OF CARLISLE ROAD iy ON THE LINE OF ADJOINER u BETWEEN LOTS NOS. I & 2; q THENCE- ALONG LOT NO.2 ) SOUTH 04 DEGREES 55 {t MINUTES- 00 SECONDS EAST 5 70.00 FEET TO AN IRON PIN I THENCE CONTINUING ALONG THE SAME SOUTH 85 DEGREES 05 MINUTES 00 SECONDS WEST 10 FEET TO AN IRON PIN; THENCE CONTINUING A►.ONG THE SAME. SOUTH _ This ad ran on the date(s) shown below: 04/13/14 04120/14 04/27/14 t nd subscribed befo emje}t • 02 day of M ry Public 2014 D. COMMONWEALTH OF PENNSYLVANIA ME Notarlal Seal Holly Lynn Werfel, Notary Public Washington TWp., DuuphIn County CUm minion Fxp:res Pec. 12 2016 BER, PENNS LYLY VANIA ASCNIATION OF NOTARIES