HomeMy WebLinkAbout13-5704 Supreme Court-of Pennsylvania
Cou " f Com on Pleas
vil% IY 4 Beet For Prothonotary Use Only. !
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CU L�r ^1,
County
Docketl�TO: ` rr Sf1
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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.
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08/15/2013 11:39:44 AM CUMBERLAND COUNTY Inst.#199001890-Page 1 of
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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
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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'
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SU.C .4SC1RS t+NC ASSIGNS:
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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.
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10111;12011 5:10PM
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. 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
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PsMcle Shotwr,NotMY FV04
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my Cc%m stioit ftme Doc.6.10,t
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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