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HomeMy WebLinkAbout03-04-14 (2) J APL 1505610105 REV-1500 EX(02.11)(FD ql tla OFFICIAL USE ONLY PA Department of Revenue Pennsylvania Bureau of Individual Taxes County Code Year File Number PO BOX 280601 INHERITANCE TAX RETURN -" -"" '._-" ' Harrisburg,PA 17128-0601 RESIDENT DECEDENT J I U l ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY 04/25/2012 [08/28/1936 _ 1 _ Decedent's Last Name Suffix Decedent's First Name MI Oliven Sonya H If Applicable)Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI ............ .-...... -.. .... . .._.. ..........- __.__..._..-_..----- ---- Not Applicable Spouses Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW OD 1.Original Return O 2.Supplemental Return O 3. Remainder Return(Date of Death Prior to 12-13-82) O 4.Limited Estate O 4a.Future Interest Compromise(date of O 5. Federal Estate Tax Return Required death after 12-12-82) O 6. Decedent Died Testate O 7. Decedent Maintained a Living Trust 8. Total Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Trust.) O 9. Litigation Proceeds Received O 10.Spousal Poverty Credit(Date of Death O 11. Election to Tax under Sec.9113(A) Between 12-31-91 and 1-1-95) (Attach Schedule 0) CORRESPONDENT- THIS SECTION MUST BE COMPLETED.ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T0: Name Daytime Telephone Number Barbara A Fein 1i(215) 653-7450 REGISTER OF WILLS USE ONLY N First Line of Addressy� Law Offices, Suite 1050 c Second Line of Address 721 Dresher Road ��%rr n G i_..-.-__-.. ._.._......._.-._.._-_ _,_.__..___..---_____---w- n - City or Post Office State ZIP Code DNME0.-ED F T5 ,Horsham j PA 119044 D ca Go Correspondent's e-mail address: barbaraf @IDbaf.COm Under penalties of perjury,I declare that I have examined this return,including accompanying schedules and statements,and to the best of my knowledge and belief, it is true,correct and complete.Declaration of preparer other than the pe sonal representative is based on all information of which preparer has any knowledge. SIGNATURE OF PERSON SPON IBLE FOR FILIy�gETU DATE �A (mac% 03/03/2014 ADDRESS Law Offices, 721 Dresher Road, Suite 1050, Horsham, PA 19044 SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE DATE ADDRESS PLEASE USE ORIGINAL FORM ONLY Side 1 L 1505610105 1505610105 J 1505610205 REV-1500 EX(FI) Decedent's Social Security Number Decedent's Name: Oliveri, Sonya H. RECAPITULATION 1. Real Estate(Schedule A). . ....... . .... . . ... .... . ...... ...... ... . .... . 1. 115,300.00 2. Stocks and Bonds(Schedule B) .... ........... ....... ... ... ....... .... 2. 0.00 3. Closely Held Corporation,Partnership or Sole-Proprietorship(Schedule C) . . ... 3. ', 0.00 4. Mortgages and Notes Receivable(Schedule D).... .... .. .... ....... . ... .. 4. 0.00 i 5. Cash,Bank Deposits and Miscellaneous Personal Property(Schedule E)....... 5. 0.00 6. Jointly Owned Property(Schedule F) OD Separate Billing Requested . .. . ... 6. 0.00',,m _. .............._.__...._._.._..______-..__.. .. 7. Inter-Vivos Transfers 8 Miscellaneous Non-Probate Property (Schedule G) m Separate Billing Requested... ..... 7. 1 0.00 8. Total Gross Assets total Lines 1 through 7 8, i 115,300.00 9. Funeral Expenses and Administrative Costs(Schedule H).. ......... .. . .... . 9. 630.00 10. Debts of Decedent,Mortgage Liabilities and Liens Schedule I 165,889.48... ... ..... .... 10. '�, ,,. ,.` -__ 11. Total Deductions(total Lines 9 and 10).... .... ..... .... .. ..... .. .. .... . 11. 166,519.48 12. Net Value of Estate(Line 8 minus Line 11) .. .. ... .... .... .. . ............ 12. 115,300.00 j 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made(Schedule J) ....... .. . ....... . .. .. . . 13. 0.00 14. Net Value Subject to Tax(Line 12 minus Line 13) ... .... ... ........ ..... . 14. ! -51,219.48 TAX CALCULATION-SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate,or transfers under Sec.9116 (a)(1.2)X.00 0.00 15 0.00 16. Amount of Line 14 taxable li------------- -------~' 0.00 at lineal rate X.0 0 0.00 16. . _..; 17. Amount of Line 14 taxable ���� 0.00 at sibling rate X'.12 0.00 17. 18. Amount of Line 14 taxable at collateral rate X.15 0.00 1 g 0.00 19. TAX DUE . .... .... .. .. .. .. . .. .. 19. ...._.... 0.00 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT O Side 2 L 1505610205 1505610205 REV-1500EX(FI) Page3 File Number Decedent's Complete Address: DECEDENT'S NAME Oliveri, Sonya H. STREETADDRESS 235 Bobcat Road CITY STATE ZIP Carlisle PA 17015 Tax Payments and Credits: 1. Tax Due(Page 2,Line 19) (1) 0.00 2. Credits/Payments A.Prior Payments 0.00 B.Discount 0.00 Total Credits(A+B) (2) 0.00 3. Interest (3) 0.00 4. If Line 2 is greater than Line 1 +Line 3,enter the difference. This is the OVERPAYMENT. Fill in oval on Page 2,Line 20 to request a refund. (4) 0.00 5. If Line 1 +Line 3 is greater than Line 2,enter the difference.This is the TAX DUE. (5) 0.00 Make check payable to: REGISTER OF WILLS, AGENT. PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred.......................................................................................... ❑ 0 b. retain the right to designate who shall use the properly transferred or its income ............................................ ❑ 0 c. retain a reversionary interest .............................................................................................................................. F-1 E d. receive the promise for life of either payments,benefits or care?...................................................................... ❑ 0 2. If death occurred after Dec. 12,1982,did decedent transfer property within one year of death without receiving adequate consideration?.............................................................................................................. ❑ 0 3. Did decedent own an"in trust for"or payable-upon-death bank account or security at his or her death?.............. ❑ 0 4. Did decedent own an individual retirement account,annuity or other non-probate property,which contains a beneficiary designation? ........................................................................................................................ ❑ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1,1994,and before Jan.1,1995,the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3 percent[72 P.S.§9116(a)(1.1)(1)]. For dates of death on or after Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent [72 P.S.§9116(a)(1.1)(it)].The statute does not exempt a transfer to a surviving spouse from tax,and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1,2000: • The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent,an adoptive parent or a stepparent of the child is 0 percent[72 P.S.§9116(a)(1.2)]. • The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5 percent,except as noted in[72 P.S.§9116(a)(1)]. • The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent[72 P.S. §9116(a)(1.3)].A sibling is defined, under Section 9102,as an individual who has at least one parent in common with the decedent,whether by blood or adoption. REV-1502 EX±(12-12) pennsylvania SCHEDULE A DEPARTMENT OF REVENUE INHERITANCE TAX RETURN REAL ESTATE RESIDENT DECEDENT ESTATE OF: FILE NUMBER: Sonya H. Oliveri 21-13-0859 All real property owned solely or as a tenant in common must be reported at fair market value.Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller,neither being compelled to buy or sell,both having reasonable knowledge of the relevant facts. Real property that is jointly-owned with right of survivorship must be disclosed on Schedule F. Attach a copy of the settlement sheet if the property has been sold. ITEM Include a copy of the deed showing decedent's interest if owned as tenant in common. VALUE AT DATE NUMBER OF DEATH DESCRIPTION 1 Real Property situate at 235 Bobcat Road,Carlisle, PA 17013 Title vested in the Decedent by virtue of Deed recorded March 28,2007 with the Cumberland County Recorder of Deeds at Book 279 @ Page 1544 Title originally vested in Dominic J.Oliveri&Sonya H.Oliveri,as Tenants by the Entireties By Deed dated January 26,2004&recorded February 23, 2004 with the Cumberland County Recorder of Deeds at Book 261 @ Page 3853 Value of the Premises calculated as 2012 County Real Estate Assessment Value x Common Level Ratio Factor for Cumberland County at the time of Sonya's Demise $115,300.00 x 1.0 CLR 115,300.00 TOTAL(Also enter on Line 1, Recapitulation.) $ 115,300.00 If more space is needed,use additional sheets of paper of the same size. 1 o via r'7 THIS DEED, MADE THE t7° day of March in the year two thousand seven(2007). BETWEEN SONYA H. OLIV=% and DOMMC J. OLIVERI, her husband, acting throngb his attorney In fact SONYA H. OLIVM of Lower Frankford Township, Cumberland County,Pennsylvania,hereinafter called Grantors, AAW SONYA H. OLIVERI, of Lower Frankford Township, Cumberland County, ;? Pennsylvania,hereinafter called Grantee: a N r i 0I2NMSETI7, that in consideration of the sum of One and no/t00($1.00)Dollar, the cz) a r receipt whereof is hereby ac]mowledged,the said Grantors do hereby grant and.convey unto the -o < said Grantees,her heirs and assigns; r ^+ r ALL that certain tract of land with the improvements thereon erected situate in Lower `n FrmMord Township,Cumberland County,Peansylvamta, bounded and described as follows: BEGINNXNG at a point in the center of the Township Road, Legislative Route T451 it the corner of property of John H. Wingert; thence along the latter, North 7 degrees 25 Minutes West 250 feet to an iron pin; thence along same property of Harold D. Lindsey, it. North 73 degrees 29 minutes West $44..57 feet to an iron pin;thence along property of Edgar D. Bartels North 9 degrees 30 minutes East 573 fast to a stake;thence along the same,North 14 degrees 38 minutes East 133 feet to a stake; thence along property of Richard C. Parr, et use, South 79 degrees I? minutes 10 seconds East 327.21 feet to a stake; thence still along the,same, South 7 degrees 26 minutes East 1039.16 feet to a spaw in the center of the aforesaid mad;thence along the latter,South 79 degrees 45 minutes West 30 feet to a qft the place of BEGINNING. CONTAIIIVING 7.761 acres according to a survey of Thomas A. Nei RS dated December 3,1970. i t F BEING the same premises which. Sonya H. Oliveri granted and conveyed to Sonya H. Oliveri and Dominic J. Oliveri, her husband grantors herein,by Deeds J�r'� 26, 2(104 and recorded in the Office of the Recorder of Deeds m Oberland County in Deed Book 261, Page 3853. Power of Attorney recorded in Cumberland County Miscellaneous BOOk Page This conveyance is a non taxable transfer$om wife and husband to wife. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed, have hereunto set their hands and seals the IN 07TNESS WffEBEOF, said Grantors day,month and year fast above written. Stgned,Seakd and delivered In du pruence DftOCJ.OLTVE[tt J/• VyjVM l Atterawy in Fact i S AH.OLIVERI I i 900K 279 PACE1545 • i i I. COMMONWEALTH OFPENNSYLVANiIA :SS: !. COUNTY of CUMBERLAND Od o$icRt, W onany i z'1' day of March, 2007, before ote the undessi� is On this, the )mown to me (or setisfactoru proven)to be the person whose namaor appeared SONYA H OLIVERI, as Attorney Fad for DOM MIC J. OLIVE contained. subscnbed to the within instmzneot that she a seine for the pmP therein examited herself individually and aelmo 8� BV WIMo WHEREOF,I hwvinto set my hand and seal. GSyyFJ�LrF{OF pENNSYWANIA 0-L)t��Seal yopat9.Imin,NdaY CauMY Od.3,2008 Notary PBm,.Nv enla Asearlt'tb^OI Nda�es I, replete post office address of the I do hereby certify that the prooise residence and co within named Grantee is 2-34" March ,2007 ANOM4 for Gnantu 1RWIN McS1V1GHT ATfoRNM AT LAW 60 West Pcmttct Stroet ,Carlisle,PA 17013 717-249-2353 Z Certify this to be recorded In Cumberland County PA � `• i.... ',r of Deeds 3 BOOK 279 PACE154 ;;RT P. ZIEGLEr THIS DEED . J;`-`� o oEE05 4 FEB 23 Rm 11 07 ti Made the �� of �7'lUa"`>✓ in the year of our lord two thousand and four (2004) BETWEEN Sonya H.Oliveri,of Carlisle,Cumberland County,and State of Pennsylvania, GRANTOR(S) AND Sonya H.Oliveri and Dominic J.Oliveri,husband and wife of Carlisle, Cumberland County and State of Pennsylvania GRANTEE(S) WITNESSETH,that in consideration of ONE($1.00)DOLLAR(S),in hand paid,the receipt whereof is hereby acknowledged;the Grantor(s)do hereby grant and convey to the said Granter(s),their heirs and assigns, All that certain tract of land with the improvements thereon erected situate in Lower Frankford Township,Cumberland County,Pennsylvania,bounded and described as follows: Beginning at a spike in the center of Township Road 4451 at the comer of property of John H.Wingert;thence along the latter,North 7 degrees 26 minutes West 250 feet to an iron pin;thence along the same property of Harold D.Lindsey,Jr.,North 73 degrees 29 minutes West 544.57 feet to an iron pin;thence along property of Edgar D. Bartels,North 9 degrees 30 minutes East 573 feet to a stake;thence along the same, North 14 degrees 38 minutes East 133 feet to a stake;thence along property of Richard C. Parr,et ux,South 79 degrees 17 minutes 10 seconds East 327.21 feet to a stake;thence still along the same, South 7 degrees 26 minutes East 1,039.16 feet to a spike in the center of the aforesaid mad;thence along the latter,South 79 degrees 45 minutes West 30 feet to a spike,the place of beginning. Containing 7.761 acres according to a survey of Thomas A.Neff,R.S.dated December 3, 1970. BEING the same premises conveyed to the Grantor(s)by Deed from Sonya H.Wagner Oliveri,dated 11-13-92 and recorded in the office of the Recorder of Deeds of Cumberland,PA County on 11-16-92 to Deed Book Z35,Page 482. P.I.N 12-08-03 , error. 261 FACF3853 THIS TRANSFER IS FROM WIFE TO HUSBAND AND WIFE,THEREFORE,IT IS EXEMPT FROM REALTY TRANSFER TAX. Subject to all the conditions,restrictions and reservations as are contained in the chain of title. And the said Grantors Will Warrant Specially the property hereby conveyed. IN WITNESS WHEREOF,the Grantor(s)have hereunto set their hands and seals the day and first year above written. Signed,Sealed and Delivered In the Presence of rr� fitness Sonya H.Oliveri BOdx 261 PABE$854 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF L(,(Zt -C On this,the )(Pq A,day of A.D.2004 before me, a Notary Public,the undersigned officer,personally appeared Sonya H.Oliveri known to me(or satisfactorily proven)to the persons whose names are subscribed to the within instrument,and acknowledged that they executed the same for the purposes therein contained. IN WITNESS THEREOF,I hereunto set my hand and official seal. �l rCti NOTANI AL SEAL CHRISTINE R.TUFTS,NOTARY PUBLIC CITY OF WILKES-BARRE,LUZERNE Co.,PA MY COMMISSION EXPIflES MARCH ZS T076 I hereby Certify that the precise address of the Grantee(s)is d as ,c16ca (- Rcaa� l'�rrtrre P>a i �ol3 ,,is to be recorded "kild County PA Recorder of Deeds BOOK 261 rACE3855 JAN 2014 PENNSYLVANIA DEPARTMENT OF REVENUE REALTY TRANSFER TAX COMMON LEVEL RATIO (CLR) REAL ESTATE VALUATION FACTORS FOR CUMBERLAND COUNTY The following real estate valuation factors are based on sales data compiled by the State Tax Equalization Board. These factors are the mathematical reciprocals of the actual common level ratios. For Pennsylvania Realty Transfer Tax purposes, these factors are applicable for documents accepted for the periods indicated below. The date of acceptance of a document is rebuttably presumed to be its date of execution,that is,the date specified in the body of the document as the date of the instrument. 61 Pa. Code § 91.102 ACCEPTANCE CLR "ACCEPTANCE CLI2 . DATE FACTOR DATE FACTOR . FROM TO . FROM - TO , 7-2-1986 6-30-1987 9.52 7-1-2006 6-30-2007 1.14 7-1-1987 6-30-1988 10.00 7-1-2007 6-30-2008 1.22 7-1-1988 6-30-1989 10.53 7-1-2008 6-30-2009 1.26 7-1-1989 6-30-1990 H AI 7-1-2009 6-30-2010 1.26 7-1-1990 6-30-1991 12.05 7-1-2010 12-31-2011 1 1.25 7-1-1991 6-30-1992 12.35 3 1-1-2011 6-30-2011 1.00 7-1-1992 6-30-1993 12.50 3 7-1-2011 6-30-2012 1.00 *OOW 7-1-1993 6-30-1994 12.82 7-1-2012 6-30-2013 1.00 7-1-1994 6-30-1995 13.33 7-1-2013 6-30-2014 .97 7-1-1995 6-30-1996 13.70 7-1-1996 6-30-1997 14.29 7-1-1997 6-30-1998 1429 7-1-1998 6-30-1999 14.71 7-1-1999 6-30-2000 15.15 7-1-2000 12-31-2000 15.63 1 1-1-2001 6-30-2001 1 1.00 1 7-1-2001 6-30-2002 1.00 7-1-2002 6-30-2003 1.01 7-1-2003 6-30-2004 1.05 7-1-2004 12-31-2004 1.11 2 1-1-2005 6-30-2005 1.00 2 7-1-2005 1 6-30-2006 1.00 (1)Adjusted by the Department of Revenue to reflect an assessment base change effective January 1,2001. (2)Adjusted by the Department of Revenue to reflect an assessment base change effective January 1,2005. (3)Adjusted by the Department of Revenue to reflect an assessment base change effective January 1,2011. Property Mapper -umberland County, PA 21%HORC AT ROAD 61m 1 76 A. esr s ,opyright 2011 Esri. All rights reserved.Fri Mar 15 2013 01:26:30 PM. !35 BOBCAT ROAD 'IN: 14-04-0383-062 )eedbook: 00279-01544 )wner: OLIVERI,SONYA H and Use Code: 108 'roperty Type: RT kcreage: 7.76 ;quare Feet: 1248 axable Status: T 'lean&Green Status: and Assessed Value$: 89100 3uilding Assessed Value$: 26200 btal Assessed Value$: 115300 ;ale Price S: 1 ;ale Date: Tue Mar 27 2007 08:00:00 PM 'ear Built: 1978 4unicipality: LOWER FRANKFORD TWP ielght in Stories: 1 ype of Dwelling: MANUF Irimary Exterior: Aluminum 3asement Percentage: tir Conditioning: NO btal Rooms: 6 3edrooms: 3 :ull Bath: 1 calf Bath: 1 REV-1511 EX+ (08-13) 12 pennsylvania SCHEDULE H DEPARTMENT OF REVENUE FUNERAL EXPENSES AND INHERITANCE TAX RETURN ADMINISTRATIVE COSTS RESIDENT DECEDENT ESTATE OF FILE NUMBER Sonya H. Oliveri 21-13-0859 Decedent's debts must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1. None Known Or Reported to the Personal Representative for the Decedent's Estate 0.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative Commissions: 0.00 Name(s)of Personal Representative(s) Barbara A Fein Street Address 721 Dresher Road Suite 1050 City Horsham state PA ZIP 19044 Year(s)Commission Paid: None 0.00 2, Attorney Fees: 0.00 3. Family Exemption: (If decedent's address is not the same as claimant's,attach explanation.) Claimant None Street Address _ _. _....._.-...____ City_.._.___.....-...---- _ State--- ZIP_. Relationship of Claimant to Decedent 4. Probate Fees: 630.00 5. Accountant Fees: 0.00 6. Tax Return Preparer Fees: 0.00 7. Sub-Total Calculated at above Paragraph 4 is itemized on the appended sheet TOTAL(Also enter on Line 9, Recapitulation) $ 630.00 If more space is needed,use additional sheets of paper of the same size. SONYA H. OLIVERI 1 COSTS AND FEES TO PROBATE Date Fee/Cost Description Amount 06-04-2013 Admin Fee Costs to obtain Death Certificates for Sonya H. Oliveri through $28.00 PA Department of Vital Statistics/VISA Online Charge Ref 34976943/PIN 166106 07-03-2013 Admin Fee Costs to obtain Death Certificates for Dominic J. Oliveri through $28.0 PA Department of Vital Statistics I AmEx Online Charge Ref 35493163/ Pin 178986 =$28.00 08-01-2013 Fed Ex Delivering to the Register of Wilts for Cumberland County the $15.00 Petition for Citation which is being sought,together with proposed form of Order and LOBAF's Certificate of Service as to the Petition on the(purported) Heirs ; Fed Ex Tracking Label 5489 08-01-2013 Filing Fee Cost to have the Cumberland County Register of Wills accept $48.50 and process the Petition for Citation ; LOBAF Check No. 78376 08-01-2013 Postage Costs to have copies of the Petition for Citation, with exhibits, $16.06 plus proposed form of Order,served by Certificate of Regular Mail upon the purported Heirs at their respective residential addresses($2.20 x 4, including certificate of regular mailing fees) ; PLUS multiple pre-addressed envelopes to the Heirs and to LOBAF—a requirement of the Cumberland County Register of Wills ; 11 envelopes with 66¢each=$7.26 08-05-2013 Postage Additional Sums Sought by"Chris" at the Register of Wills' $0.46 Office ; Quote from her colleague(last week)was light. 08-05.2013 Filing Fee ADDITIONAL sum to have Petition for Citation processed ; $15.00 Check 78419 09-13-2013 Postage Serving the Citation Notice,Order and Petition to the Heirs cited $43.72 under the Court Order/Certified & Regular Mail 11-1-2013 Filing Fee Cost to Submit and Process the Petition Seeking Letters of $323.50 Administration through the Cumberland County Register of Wills ; Check 78709 11-1-2013 Admin Fee Costs associated with BAF traveling to Media to qualify under $30.13 Decree which issued under Petition for Citation ; Register of Wills required BAF to personally appear ; 52 Miles @ 56.5¢ per mile=$29.38+On-Street Parking Meters= 750 for 90 minutes' time 11-1-2013 Filing Fee Delaware County Register of Wills Fee to Administer Oath of $60.00 Personal Representative for BAF for out-of-county submission ; Check 717 11-1-2013 Postage USPS : To Mail Complete Package to Cumberland County $1.32 Register of Wills'Office 11-26-2013 Postage Serving OC Forms 5.6 &5.7,together with proof of appointment $3.36 in favor of BAF 14 envelopes @ 840 each SONYA H. OLIVERI / COSTS AND FEES TO PROBATE (Continued) Date Fee/Cost Description Amount 1-30-2014 Postage Delivering OC Forms 5.6 & 5.7,with enclosures, to Heirs at Law $1.38 Postage Additional Estimated Postage Costs Personal Representative $15.57 anticipates in completing and filing the Form 1500 Inheritance Tax Return, Final Status Report and Closure Letter to Decedent's Heirs Sub-Total $630.00 REV-1512 Ex+(12-12) pennsylvania SCHEDULE I DEPARTMENT OF REVENUE DEBTS OF DECEDENT, INHERITANCE TAX RETURN MORTGAGE LIABILITIES & LIENS RESIDENT DECEDENT ESTATE OF FILE NUMBER Sonya H. Oliveri 21-13-0859 Report debts incurred by the decedent prior to death that remained unpaid at the date of death,including unreimbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 Mortgage given by Sonya H.Oliveri&Dominic J. Oliveri to MERS as Nominee for Decision One Mortgage Company,LLC; Mortgage dated January 26,2004 and recorded on February 23,2004 with The Cumberland County Recorder of Deeds at Mortgage Book 1854 @ Page 2943; Said Mortgage was Assigned in favor of Wells Fargo Bank,N.A.,and recorded on December 14,2007 as Instrument 200746263(Copies Appended); Foreclosure instituted under CCP 13-2461 Civil Judgment In Rem was entered by the Cumbedand County Prothonotary on December 10,2013 See Attached Time-Stamped Stipulation Entering Judgment effective through 12-31-2013 144,313.88 2 Junior Mortgage in favor of CitiFinancial, Inc.,given by the Oliveris in the amount of$17,176.38 Mortgage dated September 24,2004 and recorded on September 28,2004 at Mortgage Book 1882 @ Page 986 (Copy Attached) (Outstanding Balance Estimated as Mortgagee will not provide pay-off) 17,176.38 3 Cumberland County Tax Claim Bureau--Outstanding Municipal Taxes due on Bobcat Road Property Unknown 4 In re:Sonya H.Oliveri 1 MJ-09201-NT-0000550-2009/Criminal Offense Date 04/16/2008 Unknown 5 In re:Sonya H.Oliveri/MJ-09201-NT-0000511-20101 Criminal Offense Date 04/1612009 Unknown 6 Department of the Treasury I Internal Revenue Service--Filed in Decedent's Chapter 13 Bankruptcy Case Docket 1:05-bk-05855-MDF; Initial Claims reduced over life of Case to$1,606.74+$592.87+ $2,199.61 —Claims remain of record and have not been released 4,399.22 TOTAL(Also enter on Line 10, Recapitulation) $ 165,889.48 If more space is needed,Insert additional sheets of the same size. COPY THE LAW OFFICES OF BARBARA A. FEIN,P.5r 'C1V-1,113 f'jCE File W 13-17319 Barbara A. Fein, Esquire/I.D. No. 53002 T rIE PRO TH�IO TAWT Kristen D. Little, Esquire/I.D. No. 79992 W-3 DEC 10 AM IV 50 721 Dresher Road, Suite 1050 Horsham, PA 19044 CUi ERLAND COUNTY Phone(215) 653-7450/Fax (215) 653-7454 PENNS.YLVANIA Email: generalinfo @lobaf.com Attorneys for Plaintiff COURT OF COMMON PLEAS WELLS FARGO BANK,N.A., as Trustee, CUMBERLAND COUNTY on behalf of the certificate holders of Securitized Asset Backed Receivables LLC Trust 2004-DOI,Mortgage Pass- NO. 2013-2461 Civil Through Certificates, Series 2004-DOI, Plaintiff, V. THE ESTATE OF SONYA H. OLIVERI, DECEASED Defendants. CONSENT JUDGMENT BY STIPULATION BETWEEN PARTIES It is hereby stipulated and agreed by the Defendant, The Estate of Sonya H. Oliveri, Deceased, that Judgment in Rem be entered in the above entitled mortgage foreclosure action in favor of the Plaintiff and against the Defendant Estate in the amount of$144,313.88, which sum includes interest as calculated through December 31, 2013. Dated: December 3,2013 BY: Barbara A. Fein, in her caial Court-Appointed Adminis f The Estate of Sonya H. Oliveri,Deceased Dated: December 3,2013 BY: Krist..n D. Little, Esquire Attorney for Plaintiff RECEIPT FOR PAYMENT Cumberland County Prothonotary' s Office Receipt Date 12/10/2013 Carlisle, Pa 17013 Receipt Time 11 :45 : 08 Receipt No . 299267 WELLS FARGO BANK NA (VS) OLIVERI DOMINIC J ET AL Case Number 2013-02461 Received of PD BY ATTY FEIN BH Total Non-Cash. . . . . + 16 . 50 Check# 78921 78927 Total Cash. . . . . . . . . + . 00 Change . . . . . . . . . . . . . - Receipt total . . . . . . _ $16 . 50 - - ----- - --- - -- - - - ----- -- Distribution Of Payment ---- ------ ------ ------- ---- - Transaction Description Payment Amount JDMT 16 . 50 CUMBERLAND CO GENERAL FUND $16 . 50 v✓�Z�l F�rI?o,� J�f,� - _•F T P. 71EGLER CCU.'ITY-,. . After Recording Return To: I , �j FII�� 1 C Decision One Mortgage Company,LLC 6060 J.A.Jones Drive,Suite 1000 Charlotte,North Carolina 28287 [Space Above This Line For Recording Data] Loan Number 2030040173330 MIN: 100077910001518782 MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JANUARY 26, 2004,together with all Riders to this document. (B) "Borrower" is SONYA H OLIVERI AND DOMINIC J OLtVERI. Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems,Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MFRS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O'Box 2026,Flint,MI 48501-2026,tel.(888)679-MERS. (D) "Lender" is Decision One Mortgage Company,LLC.lender is a LIMITED LIABILITY COMPANY organized and existing under the laws of NORTH CAROLINA. Lender's address is 6060 J.A.JONES DRIVE,SUITE 1000,CHARLOTTE,NORTH CAROLINA 28287. (E) "Note" means the promissory note signed by Borrower and dated JANUARY 26,2004,The Note states that Borrower owes Lender EIGHTY-FIVE THOUSAND SIX HUNDRED AND 001100ths Dollars (U.S.S85,600.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than FEBRUARY 4,2034. (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under the Note,and all sums due under this Security Insuunam,plus interest. PENNSYLVANIA-Single Family-Forme Mae/Fredde Mae UNIFORM INSTRUMENT Form 3039 1101 (Pagel of 14 pages) 1111111111111111 IN 111111111111111111111111111111111111111 N III oil IN 11111 �. -7,�/ 9 BK I854PG2943 (H) "Riders" means all Riders to this Security Instrument that arc executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: WAdjusteble Rate Rider OCoadomlnium Rider OSecond Home Rider OBalloon Rider OPlanned Unit Development Rider HlOther(s)Floor Rate Rider O 14 Family Rider OBiweekly Payment Rider (1) "Applicable Law"means all controlling applicable federal,state and local statutes,regulations,ordinance and administrative rules and orders (that have the effect of law) as well as all applicable final,non-appealable judicial opinions. (J) "Community Association Duct, Fees, and Assessments" means all dues, fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association,homeowners association or similar organization. HS) "Electronic Funds Mransfer" means any transfer of funds,other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal,telephonic instrument. computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions,transfers initiated by telephone,wire transfers,and automated clearinghouse transfers. (L) "Escrow items"means those items that arc described In Section 3. (M) "Miscellaneous Proceeds" means any compensation,settlement,award of damages,or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5)for:(I)damage to, or destruction of, the Property; (fi) condemnation or other taking of all or any pan of the Property;(iii) conveyance in licu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurence" means insurance protecting fender 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. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. 42601 et seq.) and its implementing regulation,Regulation X(24 C.F.R.Pan 3500),as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subjsl matter. As used in this Security Instrument, 'RESPA' refers to all requirements and restrictions that see imposed in regard to a 'federally related mortgage loan'even if the Loan does not qualify as a"federally related mongage loan'under RESPA. ((y "Successor in Interest of Borrower"means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (I) the repayment of the Loan,and all renewals,extensions and modifications of the Note;and(ii)the performance of Borrower's covenants and agreements under this Security Insnument and the Note. For this purpose, Borrower doe hereby mortgage, grant and convey to MERS (solely as nomince for fender and Lender's successors and assigns)and to the successors and assigns of MERS the following described property located in the County of CUMBERLAND Irype of Recording Jurisdiction) (Name of Recording lurisdiaionl SEE ATTACHED SCHEDULE"A" FENNSYLVANUSingie Partly.Fa MadFreddle Mx UMFV RM INSMUMENr Form 3039 1101 wage 2 of l4 pages) O K I 854PG2944 Tax Parcel Identification Number: I4-04.0383-M which currently has the address of 235 BOBCAT ROAD [Street] CARLISLE ,Pennsylvania 17013 ("Property Address"): [City) )Zip Codel TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements, appurtenances, and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower undersuands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument,but,if necessary to comply with law or custam,MERS(as nominee for Lender and Lender's successors and assigns)has the right:to exercise any or all of those interests,including, but not limited to, the right to foreclose and self the Property; and to take my action required of lender including,but not limited to,releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of rocord.Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1. Paymmt of Principal,Interest,Escrow Items,Prepayment Charges,and Late Charges.Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.currency. However, if any cheek or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms,as selected by Lender:(a) each; (b) money order;(c)certified check,bank check,trraawer's check or cashier's check,provided my such check is drawn upon an institution whose deposits are insured by a federal agency,instrummrtality,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 my,return my payment or partial payment If the payment or partial paymma are insufficient to bring the Lam current. lender may accept my payment or partial payment Insufficient to bring the Loan current,without waiver of my rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date,then Lender need not pay interest on unapplied funds. PENNSYLVANIA-Single Family-Favde Mae/Freddie Mae UNB+ORM INSIRUNMW Form 3039 1101 Osage 3 of)4pages) Z.a , ©. UK 1854PG2945 Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower dots not do so within a reasonable period of time, Leader shall either apply such funds or return them to Borrower. If not applied earlier.Such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from nuking payments due under the Note and this Security Instrument or performing the covenanu and agreements secured by this Security Instrument, 2. Application of Payments or Proceeds.Except as otherwise described in this Section 2,all payments accepted and applied by Lender shall be applied in the following order of priority: (a)interest due under the Note; (b) principal due under the Note;(c)amounts due under Section 3. Such paymmts shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to We charges. second to any other amounts due under this Security Instrument.and then to reduce the principal balance of the Note. If Leader receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that,each payment can be paid in full. To the extent that any excess exists after the payment Is applied to the full payment of one or more Periodic Payments, such excess may be applied to my late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellanenus Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Eacrow Items.Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Now 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) teaseheld payments or ground rents on the Property,If any;(c)premiums for my and all insurance required by fender under Section 5; and (d) Mortgage Insurance premiums,if my,or my sums payable by Borrower to lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called"Escrow Items." At origination or at my time during the temn of the Lam, lender may require that Community Association Dues, Fees, and Assessments, if my,be escrowed by Borrower,and such dues,fees and assessrmts shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Itmu'unless Lender waives Borrower's obligation to pay the Funds for my or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for my or all Escrow Items at my lime. 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 my Escrow Items for which payment of Ponds has been waived by lender and, if Lender requires, shall furnish to Lender receipts evidencing suds payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,as the phrase "covenant and agreement'is used in Section 9. If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,and Borrower fails to pay the amount due for an Escrow Item,Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Station 9 to repay to Lender my Such amount Lender my revoke the waiver as to my or all Escrow Items at my time by a notice given)a accordance with Section 15 and, upon Such revocation,Borrower shall pay to Lender all Funds,and in such amounts,that arc then required under this Section 3. Lender may, at my time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b)not to exceed the maximum amount a leader can require under RESPA. tender shall estimate the mount of Funds due on the basis of current data and reammble estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. PENNSYLVANIA-Single Family-PUn is MuMeddle Mae UNIFORM INSTRUMENT Form 3039{/\1//}J01 (page ((((4II/o�f l4 pager) hjl BH 1854PG2946 The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Ponds to pay the Escrow Items ro later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow account, or verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and Applicable law pemdts 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 eamings on the Funds. Borrower and Lender can agree in writing,however,that interest shall be paid on the Funds. Under shall give to Borrower,without charge,an=us]accounting of the Funds as required by RESPA. If there is a surplus of Funds held In escrow,as defined under RESPA. Leader shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA.Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Leader. 4. Charges; Liens.Borrower shall pay all taxes,assessments,charges, fines,and impositions attributable to the Property whicb can attain priority over this Security Instrument,leasehold payments or ground rents on the Property,if any,and Community Association Dues,Fees,and Assessments,if any. To the extent that these items are Escrow Items,Borrower shall pay them in the meaner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only se, 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 frown the holder of the lien an agreement satisfactory to(ender subordinating the lien to this Security Instrument. If lender detearnihm that any pan of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given.Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a ane-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term"extended coverage,"and any other hazards including, but not limited o, earthquakes and floods, for which lender requires insurance. This insurance shall he maintained in the amounts (including deductible levels) and for the periods that lender requires. What Linder requires pursuant to the preceding sentences can change during the teen of the Loan. The insurance carrier providing the insurance shall be chasten by Borrower subject to Lender's right to disapprove Borrower's choice,which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan,eithu: (a)a one-time charge for flood zone determination,certification and tracking services; or (b) a one-time charge for Rood one determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certificat ion. 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 m objection by Borrower. PFNNSYLYANtA-singk Family-Foh a &nF m-Afar UNIMRM UISMU.'h4NF Form 7039 1/01111(page 5 o//apagerl BK 1854PG2947 If Borrower fads to maintain any of the coverages described above,Lender may obtain insurance coverage, at Lender's option and Borrowers expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender,but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property,against any risk,hazard or liability and might provide greater Or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting psyrnsm- All insurance policies required by Lender and renewals of such policies shall be subject to Lender's eight to disapprove such policies, shall include a standard mortgage clause,and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices, If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to,or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender my make proof Of toss if runt made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender,shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender`s satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties,retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall he applied to the sums secured by this Security Instrument,whether or not then duo,with the excess,if any,paid to Borrower, Such insurance proceeds shall be applied In the order provided for in Section 2, If Borrower abandons the Property,Lender may file,negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim, The 30-day period will begin when the notice is given, In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender(a)Borrower's rights to say insurance proceeds in an amount not m exceed the amounts unpaid under the Note or this Security Instrument,and(b)any other of Borrower's rights(other than the right to any refund of unearned premiums paid by Borrower)under all intimation policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either in repair or restore the Property of to pay amounts unpaid under the Note or this Security Instrument,whether or net then due. 6. Occupancy. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing, which consent shall not be unreasambiy withheld,or unless extenuating circumstances exist which are beyond Borrower's control. PENNSYLVANIA•Singlc Famity-Paame MufFreddk Mae try M RM INSIBUh1ENT Farm 9434 1141 foal ige 6 off(�t44)}wges) OR 1854PG2948 7. Preservation, Maintenance and Protection of the Property;Inspections.Borrower shall not destroy. damage or impair the Property,allow the Property to deteriorate or commit waste on the Property. whether or not Borrower is residing in the Property,Borrower shall maintain the Property in order to prevent the Property from deteianting or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of,the Property,Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or store the Property,Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Under or its agent may make reasonable envies upon and inspections of the Property. If it has reasonable cause. Lender may inspect the interior of the improvements on the Propeny. Lender shall give Borrower notim at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if,during the Loan application process. Borrower or any persons or entities acting at (he direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender(or failed to provide Lender with material information)in connection with the Loan. Material representations include,but are not limited to, representations concerning Borrower's occupancy of the Propeny,as Borrower's principal residence. 9. Protection of Leader'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 Instalment,(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 condemuation or forfeiture, for mforcement of a lien which may attain priority over this Security Instalment or to enforce laws or regulations), or (c) Borrower has abandoned the Property, than lender may do and pay for whatever is reasonable or appropriate to pmtect Lender's interest In the Property and rights under this Security Instrument,including protecting and/or assessing the value of the Propeny,sad saying and/or repairing the Property. Lender's =low can include, but arc 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 attomeys'fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankmptcy proceeding. Securing the Property includes,but is not limited to,entering the Property to make repairs,change Jocks, 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 rosy 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 ad liability for not taking any or all actions authorized under this Section 9. Any amoums disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. 'Iluese 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 lcasc. If Borrower acquires fee title to the Property,the leasehold and the fee tide shall not merge unless Lender agrees to the merger in writing. PkNNSYLVANIASingle Family3aaate MadPreddte Mm UNIFORM INMUMENT Form 3 03 9 110011 (ragt 7 of ld pages) O K I 854PG2949 10. Mortgnge Im umom. If Lender required Mortgage Insurance as a condition of making the Loan. Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If,for any reason,the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect,at a cost substantially equivalent to the coal to Borrower of the Mortgage Insurance previously in effect,from an alternate mortgage insurer selected by L ender. If substantially equivalent Mortgage Insurance coverage is not available.Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. lender will accept,use and retain these payments as a non-refundable loss reserve in lice of Mortgage Insurance. Such loss reserve shall be non-reNndable,notwithstanding the fact that the Loan is ultimately paid in full, and lender shall net be required to pay Borrower any interest or earnings on such loss reserve. Lender can an longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires)provided by an insurer selected by Lender again becomes available,is obtained. and Lender requires separately designated payments toward the premiums for Mortgage Insurance. if Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,or to provide a non-refundable loss reserve,until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses lender (at any entity that purchases the Note)for cenaln losses it may incur if Bor ower does not repay the Loan as agreed.Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance In force from time to time,and may enter into agreements with other parties that share or modify their risk,or reduce losses.These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other parry(or parties)to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender.any purchaser of the Note,another insurer,any reinsurer,any other entity, or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from (or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,in exchange for sharing or modifying the mortgage insurer's risk, or reducing ]ones. If such agreement provides that an affiliate of lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often tamed"captive reinsurance.-Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan.Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to say refund. (b) Any such agreements will not affect the rights Borrower has - If any -with respect to the Mortgage Insurance under the Homeowners; Protection Act of 1998 or any other law.These rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically,andlor 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 arc hereby assigned to and shall be paid to Lender. PPNNSYLVANIASingle Family-Fmude MaNFreddle Mae INIPl7aM WSMUMEYr Form 3039 1101 1poge 8Of F1 pager) c� ,0. BKI854PG2950 If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property. if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction. provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,Lender shall not be required to pay Borrower any Interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceods shall be applied to the sums secured by this Security lostrument,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 Burrower. 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 burn==Immediately before the phial taking,destruction,or loss in value, unless Borrower end Lender otherwise agree in writing, the stuns secured by this Security Instrument shall be reduced by the amount of the Misecllancous Proceeds multiplied by the following fraction: (a) the total amount of the stuns 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[as than the amount of the sums secured immediately before the partial taking,destruction,or loss in value,unless Borrower and Iender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Inswmrm whether or not the sums are then due. If the Property is abandoned by Borrower, or if,after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence)offers to make an award to settle a claim for damages.Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property at to the sums secured by this Security Instrument, whether or not then due. 'Opposing Pony" mans the third party that awes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal,is begun that,in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights unda this Security Instrument. Borrower can cure such a default and,if acceleration has occurred, reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a ruling that,in Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. PFIrT'SVI.VA?t A-Single Family-Fumk MWFreedle Mac UNNORM INSMUMENT Form 3039 1/01 (age 9 of 14 pages) 8H 1854PG295 I 12. Borrower Not Released;Forbcumm"By Leader 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 Suaessor in Interest of Borrower shall not operate to release,the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums seared by this Security instrument by reason of my demand made by the original Borrower or any Successors in Interest of Borrower- Any forbearance by Lender in exercising any right or remedy including,without limitation, Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than the aaqunt then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Cosigners;Successors and Assigns Bound.Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrunem but does not execute the Note(a"cosigner"):(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 tams of this Security Inca invent 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 Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind(except w provided in Section 20)and benefit the successors and assigns of Lander. 14, Loan Charges. Leader may charge Borrower fees for services performed in connection with Borrower's default,for the purpose of protecting Leader's interest in the Property and rights under this Security Instrument, including, but not limited to,attorneys'fees,property inspection and valuation fees. In regard to my other fees,the absence of express authority in this Security Insimment to charge a specific fee to Borrower shall not be consWed as a prohibition on the charging of such fee. Lender may not charge fee that are expressly prohibited by this Security Instrument or by Applicable Law. If the Lam is mbject 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) my such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted Ibnil; and (b) any sums already collated from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Noe 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 male by direct payment to Borrower will constitute a waiver of any right of action Borrower might have rising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when tailed 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 leader. Borrower shall promptly notify Leader of Borrowtt's change of address. If lender specifies a procedure for reporting Harrower's change of address, Wen Borrower shall only report a change of address through that specified procedure. There may be only one PWNSYLV,NIA-Single Famity-Fannle MadFleddk Mae UNIFORM INSTRUM ENT Form 3039 1101 (page 10 of 14 Paget) 9K 1854PG2952 designated notice address under this Security Instrument at my one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless lender has designated another address by notice to Borrower. Any notice in comection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable law,the Applicable law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Goveming Law;SevembBlty;Rules of Construction.This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument ere 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 constmed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender;(b)words in the singular shall mean and include the plural and vice versa; and (c) the word 'tray' gives sole discretion without my obligation to take my action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Inswment. 18. Transfer of the Property or a Beneficial Lnterest In Borrower.As used in this Section 18, 'Interest in the Property' means my legal or beneficial Interest in the Property,Including,but not limited to,those beneficial interests transferred In a bond for deed, contract for deed, installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or my pact of the Property or my 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 lransfured)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If 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 mms secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period.Lender may invoke my remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration.If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at my 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 otter period as Applicable Law might specify for the termination of Borrower's right to reinstate;or (c) entry of a judgment enforcing this Security Instrmma. Those conditions are that Borrower:(a)pays Lender all turns which then would be due under this Security Instrument and the Note as if=acceleralion had occurred; (b) tutu my default of my other covenants or agreements: (c) pays all expenses Incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorneys'fees,property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Properly and rights =du this Security instrument;and(d)takes such action as Lender may reasonably require to asmre that Lender's interest in the Property and rights under this Security Instrument,and Borrower's obligation to pay the sutras seared by this Security Instrument,shall continue=changed. lender may require that Borrowu pay such reinstatement sums and expenses in one or mom of the following forms,m selected by Lender:(a)cash; (b) money order;(c)certified check,bank check,treasurer's check or cashier's check.provided my such check is drawn upon an institution whose deposits arc insured by a federal agency,instrumentality or entity;or(d) Electronic Funds Transfer. Upon reinstatement by Borrower,this Security Instrument and obligations secured hereby shall remain fully effective as If no acceleration had occurred. However,this right to reinstate shall=t apply in the case of acceleration under Section 18. PENNSYLVANIA-Single Family-Fannie MadF1'MAe Mac UNIFORM uiS UNW.M Form 3039 1101 (page ll of U Pager) Ji`� . BK 1854PG2953 20. Sale of Note; Change of Loan Servicer;Notice of Grievance.The Note or a partial interest in the Note (together with this Security Instrument)can be sold one or rnorc times without prior notice to Borrower. A sale might result in a change in the entity(known as the'Loan Smicer')that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note. this Security Instrument,and Applicable law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. if there is a change of the Wan Servicer.Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer,the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing obligations to Borrower will restrain with the loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to nay judicial action(as either an individual litigant or the member of a class)that arises from the other party's actions pursuant in this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of, this Security Ins"m nt, until such Borrower or Leader has retifled the other party(with such notice given in compliance with the requirements of Section IS)of such alleged breach and afforded the other party hereto a reasonable period alter the giving of such notice to take corrective action. If Applicable law provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pu nsion to Section 18 shall be darned 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 Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health,safely or environmental protection; (c) 'Environmental Cleanup" includes any response action,remedial action,or removal action, as defined in Environmental Law;and(d)an"Environmental Condition"means a condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup. Bormwer 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 crates 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 Properly of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including,but not limited to,hazardous substmces in consumer products). Borrower shall promptly give lender written notice of(a)any investigation,claim,demand,lawsuit or other action by my governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Bortowe has actual knowledge,(b)any Environmental Condition, including but not limited to, my spilling, leaking,discharge,release or threat of release of any Hazardous Substance, and (c) my condition caused by the presence,use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower lesms,or is notified by my governmental or regulatory authority, or my private party,that my removal or other remediation of my Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all accessary remedial actions in accordance with Environmental law. Nothing herein shall create my obligation on Lender for an Environmental Cleanup. PFNNSYLVANIASingie Fam0y-Famde MadFFeedk Mae UNIFORM INSFRUN[Mr Form 3039(�1\//00JI1 (&age/2 of lIp&ger) t , V 7 8X 1854PG2954 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's breach of say covenant or egrecme it in this Security Instrument(hut not prior to acceleration under Section 18 unless Applicable Low provides otberwlse). Lender shall notify Borrower of,among other things: (a) the default; (b) the action required to cure the default; (c)when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Leader shall further Inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cured as specified,Leader at its option may require immediate payment in full of all sums; secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Leader 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 Insmument,this Security Instrument and the estate conveyed shall terminate and become void. Afttt such occurrence,Lander shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. leader may charge Borrower a fee for releasing this Security Instrumwt, but only if the fee is paid to a third party for services tendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law,waives and relc any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for slay of ruetution,extension of time,exemption from attachment,levy and sale,and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26.Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property,this Security Instrument shall be a purchase money mortgage. 27, loterest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Nate or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA-Single FaMly-Fm Ct efF (fie MaetlNtFomniSf umENT Farm3039 V01 (page)3offipager) BKI854PG2955 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: 7�y A� /� n A(Y-'✓ Jm+-./ a '01 "_;(Seal) (� SONYA41 OLIVER[ -smrarc, (Seal) DOMINIC J OLVEIU -oorrw�r (Seal) (Seal) ' .BoiiwH -BOrtouc, STATE OF PENNSYLVANIA COUNTY OFl-Uh4BFRL-MfD ,�1.� ) On this, the day of �1^4- UAR \7 r"- ' ,before me,the undersigned officer, personally appeared SONYA H OLIVERI AND DOMIMC J OLIVERT , known to me (or satisfactorily proven) to be the persons) whose tunnels) is/are subscribed to the within instrument,and acknowledged that hdahefthey executed the same for the purposes therein contained. In witness whereof,I hereunto set my hand and official sea MA-Ai , , S TA R E A L L Title of Officer _�Y(Lb/ CHRISTINE R.TUFTS,NOTARY PUBLIC My Commission Expires: CITY OF WILKES-BARRE,LUZERNE CO.,PA YY COMMISSION EXPIRES MARCH 25.200p Typed or printed name 0-J1/7J'/VW— : CERTIFICATE OF RESIDENCE 1, t< G!' do hereby certify that the mrrw address of the within-named lender is 6060 J.A.�JaOf 287 JONES DRIVE,SUITE 1000,CHARLOTTE, NORTH CAROLINA 28 ,witness my hand this - —day of L'T/fYC/Yh'4 • �� L Agent of Lender. FENNSYLVANIASingle Family-Faenk MaefFreddle Mae UNIFORM INSTRUMEWT FOM3039 1/01 (pog,140f]4pages) 8K I854PG2956 LAWYERS TITLE INSURANCE CORPORATION NATIONAL HEADQUARTERS-RICHMOND,VIRGINIA SCHEDULE A Convnitment No.551 All that certain tract of land with the improvements thereon erected situate in Lower Frankford Township,Cumberland County, Pennsylvania,hounded and described as follows: Beginning at a spike in the center of Township Road#451 at the comer of property of John H. Wingert;thence along the latter,North 7 degrees 26 minutes West 250 feet to an iron pin; thence along the same property of Harold D. Lindsey,Jr., North 73 degrees 29 minutes West 544.57 feet to an iron pin;thence along property of Edgar D. Bartels, North 9 degrees 30 minutes East 573 feet to a stake;thence along the same,North 14 degrees 38 minutes East 133 feet to a stake;thence along property of Richard C. Parr,et uz,South 79 degrees 17 minutes 10 seconds East 327.21 feet to a stake;thence still along the same, South 7 degrees 26 minutes East 1,039.16 feet to a spike in the center of the aforesaid road;thence along the latter, South 79 degrees 45 minutes West 30 feet to a spike,the place of beginning. 8K 1854PG29.57 Loan Number 2030040173330 ADJUSTABLE RATE RIDER (LIBOR Index-Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 26TH day of JANUARY,2004,and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust,or Decd to Secure Debt(the "Security Instrument') of the same date given by the undersigned(the"Borrower')to secure the Borrower's Note to DECISION ONE MORTGAGE COMPANY,LLC(the"Lender')of the same date and covering the property described in the Security Instalment and located at: 235 BOBCAT ROAD,CARLISLE,PENNSYLVANIA 0013 ]Property Address] THE NOTE, CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TDIE AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument,Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 6.84%.The Note pmvidcs for changes in the interest rate and the monthly payments,as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dales The interest rate I will pay may change on the 4TH day of FEBRUARY,2006,and on that day every sixth month thereafter. Each date on which my interest rate could change is called a'Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index' is the average of interbank offered rates for six-month U.S.dollar-denominated deposits in the London market ('LIBOR'), as published in The Wall Street Journal. The =at recent Index figure available as of the first business day of the month immediately preceding the manlh in which the Change Date occurs Is called the"Current Index." If the Index is no long"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 Nate Holder will calculate my new interest rate by adding SIX AND 59/100THS percentage points(6.59%)to the Current Index.The Note Holder will then mtmd the result of this addition to the nearest oM-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 We 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. Mm.TETATE AnIUSrABU PATE MER(IJBOR I )-,SlagkT fly-Nwt•,t4rUMVaM ntttkUhVcW rwv'Ml\^M 1M (111413pa;M BH 1854PG2958 (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.84% or less than 6.84%.Thereafter,my interest rate will never be increased or decreased on any single Change Date by more than ONE percentage point(1%)from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 12.84%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (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 to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower.As used in this Section I8. 'Interest to the Property'mrans any legal or beneficial interest in the Property,including, but not limited to,those beneficial interests transferred in a bond for deed,contract for deed. installment sates contract or escrow agreement,the intent of which is the transfer of title by Borrower at a(unite date to a purchaser. If all or any part of the Property or my Interest in the Property is sold or transferred(or if a Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written concert,Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. lender also shall nor 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 tom assumption and that the risk of a breach of my covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge R reasonable fee as a condition to Lender's consent to the low 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 exemiscs the option to require immediate payment in full,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. if Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke my remedies permitted by this Security Instrument without further notice or demand on Borrower. Mnl.rr rAn AmmRr"MRA EamrR(1LBOR 1WU)-Sftk ivnlmy�.eeklr'ha+maaam ntaramuarcr rw nn mm meat/](\%)lpodrrl BN 1854PG2959 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenarus contained in this Adjustable Rate Rider. SONYA WOUVERI w0 DOMIMC orrower (Seal) -Bartower MUL1 AWAMUSrARIBRA' MER(LMORkn ),iqk Family-�MK�INStxw rvmrlm IAr QD4gf JJf0f3Metl BK I854PG2960 Loan Number 2030040173330 FLOOR RATE RIDER TO SECURITY INSTRUMENT (For 6-Month LIBOR,2-Year LIBOR,and 3-Year LIBOR ARM Loan Program Disclosures) THIS FLOOR RATE RIDER is made this 26TH day of JANUARY,2004,and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed(the "Securi(y Instrument") of the same date given by the undersigned(the"Borrower")to Decision One Mortgage Company, LLC (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 235 BOBCAT ROAD,CARLISLE,PENNSYLVANIA 17013 [Property Address] AMENDMENT TO SECURITY INSTRUMENT 1. Section 4.(D)under Additional Covenant A.of the Adjustable Rate Rider to the Security Instrument is amended in read and be as follows: (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.84%or less than 6.84%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point(1.00%)from the rate of interest I have been paying for the preceding six months. My yearly interest rate will never be greater than a maximum rate of 12.84%, or a minimum,or Floor, rate of 6.84%. 2. In the event that the Note is ever sold, assigned or transferred to the Federal Nadom]Mortgage Association or the Federal Home Loan Mortgage Corporation,this Floor Rate Rider and expressly its amended provisions with respect to establishing a minimum,or Boor rate,shall thereupon terminate and shall be of no further force and effect. Any such termination of this Floor Rate Rider shall be effective as or the first Change Date to occur after the date of any such sale, assignment or transfer,and thercupon and thereafter the Note shall be in full force and effect in accordance with its original terms as set out in Section 4.(D) of the Note as if this Floor Rate Rider had never been incorporated into or amended the Adjustable Rate Rider to the Security Instrument. BY SIGNING BELOW,Borrower acknowledges and agrees to the teDns contained in this Floor Rate Rider. .�eo...✓rL 7� fJ (Sea]) s0, A OLIVERI -eoon., v. " `6e.G (Seal)a. DOMIMC J RI -Borrower (Seal) -BOrrown io I)e recorded land County PA Recorder of Deeds BN 1854PG296I