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HomeMy WebLinkAbout14-1794 f 1 : Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Cumberland County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff's Name: EverBank Lead Defendant's Name: Bret A. Reisch; Allison R. C Reisch T Dollar Amount Requested: within arbitration limits I Are money damages requested ?: ❑ Yes ® No (Check one) ® outside arbitration limits p - - -- N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: Christopher A. DeNardo, Esquire ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not includedudgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not ❑ Employment Dispute: include mass tort) Discrimination E ❑ Slander /Libel /Defamation ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T , El Other: I ❑ Other: O MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: — - -- Updated 1/1/2011 SHAPIRO & DeNARDO, LLC ~ BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 044647 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: d/ Bret A. Reisch 16 Hunter Lane Camp Hill, PA 17011 Allison R. Reisch 16 Hunter Lane Camp Hill, PA 17011 DEFENDANTS COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. S Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 044647 EverBank ; COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: Bret A. Reisch 16 Hunter Lane Camp Hill, PA 17011 Allison R. Reisch 16 Hunter Lane Camp Hill, PA 17011 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, EverBank, the address of which is, 301 West Bay Street, Jacksonville, Florida 32202, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage Mortgagee Mortgage Electronic Registration Systems, Inc., as nominee for Mortgage Investors Corporation, its successors and assigns Mortga og (s) Bret A. Reisch and Allison R. Reisch (b) Date of Mortgage July 28, 2004 (c) Place and Date of Record of Mortgage Recorder of Deeds Cumberland County Mortgage Book 1876, Page 1596 Date: August 5, 2004 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for Mortgage Investors Corporation, its successors and assigns Assignee: EverBank Date of Assignment: December 27, 2013 Recording Date: December 31, 2013 Instrument No.: 201340643 The Assignment(s) is /are a matter a matter of public record and are therefore incorporated herein as provided by Pa. R.C.P. No. 1019(g). 2. Plaintiff is either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by operation of law. 3. The real property that is subject to the Mortgage is generally known as 16 Hunter Lane, Camp Hill, PA 17011 and is more specifically described as attached as part of Exhibit "A" 4. Each Mortgagor named in Paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Promissory Note "). A true and correct copy of the Note is attached and marked as Exhibit "B ". 5. The names and mailing addresses of the Defendants are: Bret A. Reisch, 16 Hunter Lane, Camp Hill, PA 17011 and Allison R. Reisch, 16 Hunter Lane, Camp Hill, PA 17011. 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of June 1, 2013 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of January 31, 2014: Principal Balance Due $107,332.73 Interest Currently Due and Owing at a variable rate $1,763.92 From May 1, 2013 through January 31, 2014 Late Charges $459.40 Escrow Advances $804.41 Property Inspection $328.46 Bankruptcy Fees & Costs $706.56 TOTAL $111,395.48 9. Interest continues to accrue for each day that the debt remains unpaid, and Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. • s 10. In addition to the above amounts, reasonably incurred attorney's fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et M., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first -class mail and certified mail. Copies of the material part of the Notice are attached hereto as Exhibit "C" in accordance with Pa.R.C.P. 1019(1). 12. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s) contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. § 403 et seq., and separate Notice of Intention to Foreclose is not required. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: BY: O�EAU� ANrneys for Plaintiff CAITLIN M. DONNELLY, UME S & D File No. 13- 044647 12- 11 -'13 17 :0; T -345 P0013/0044 F -271 fib I�repared Return To: Service Link, L.P. Danita Coffman 4000 i n d ustria l Boulevard 6090 Central Avenue, St. Aliquippa, PA 15001 Petersburg, FL 33707 800043996451 c(ICI Parcel Number: 09 -19 -1590 -113 [Spve AbuoTMrs Um For ikwrdlog Dotal MORTGAGE MR4100073347944704795 NOTICE; THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. DEFINITIONS Words used in multiple sections of this document are defured 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 doeum nt BY$ also provided in Section 16. (A) 3eAcurity Instrument" means this docwnent, which is dated Ju 28, 2004 , together with all Riders to this document. R - Morrower" is Bret A. Ref sch Allison R. Reisch, Husband and Wife Borrower is the mortgagor under this Security instrument. (C) 'MRS" i s M Electronic Registration Systems, Ina MERS is a separate, corporation that is wing solely as a nominee for Lender and Lender's successors acid assigns. MFRS b the mortgagee under this Security Instrument MFRS 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 -&MRS, PENNSYLVANIA - single Family - Fannie Mae/Freddle Mae UNIFORM INSTRUMENT WITH MFRS Fort 3099 1101 4%-50(PA) 9zoel C VM P MORTGAGE FOIRM3 - (600)511-7201 BK1876PG15 xlri 1 h� 12- 11 -'13 17 :03 T -345 P0014/0044 F -271 (D)'under"is MORTGAGE INVESTORS CORPORATION Lender is a Corporation organized and existing under the laws of 0h1 o Lender' a address is 6090 CENTRAL AVENUE, ST. PETERSBURG, FL 33707 (E) "Dote" means the promissory note signed by Borrower and dated July 28 , 2004 The, Note states that Borrower owes Lender one hundred thirty thousand nine hundred and 00/100 Dollars (U.S. 51.30 , 900.00 ) plus interest. *Borrower has promised to pay this debt in regular Periodic payments and to pay this debt in full not later than August 1, 2034 (F) "Property" means the property that is described below under the heading "Transfer of Rights in die Property." ((;) "Loma" means the debt evidenced by the Note, plus interest, any prepayment charges and late urges due under the Note, and all sums due under this Security instrument, plus interest. (M "Riders" runs all Riders to this Security instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable]: W Adjustable Bate Rider Condominium Rider M Swond Home Rider F Balloon Rider Planned Unit Development Rider 0 1.4 Family Rider EVARider Biweekly Payment Rider © Other(s) [specify] (A "Applicab IAW" means 211 controlling applicable federal, state and local statutes, regulations, ordhiantes and administrative rules and orders (tfsat, have the effect of law) as well as all applicable final, non - aapppealable judicial opinions. (3) `�Commuaity Association Dues, Fees, and Asrsessmeats" 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• (I) 'Wedronle ]['rinds Transfer" means any transfer of funds, other dm 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 irnstlWtlou 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 item diet are described in Section 3. (M " T Proceeds" means any co 11SMon, settlement, award of damages, or proceeds paid by any third party (other than insun'ance pr paid under the coverages described in Section 5) for: (t) damage to or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) 'Mortgage Ynsurstuce" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) 'Ttriodic Payment" means the regularly scheduled amount due for Cl) principal and interest under then Dote, plus (u) any amounts under Section 3 of this Security Instrument, (0$2IPA) (0206) Pegs o110 Form 3039 1101 8{1876PG1597 12- 11 —'13 17:01 T -345 P0015/0044 F -271 (P) "RESPA't means the Rral Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implen=ting regulation, Regulation X 24 C.F'.R. Part 3500), as they might be amended from time to time, or any additional or suocessor legislation or regulation that governs the same subject matter_ As used in this Security lnstrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "fedetvily related mortgage Joan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. noot that C has assumed Borrower's obligations under N that has taken and/or this Security InStrI t. w hether or p�3' � TRANSFER OF RIGHTS IN T 14E PROPERTY This security Jnstr=eut secures to Tender: (1) the repayment of the Loan, and all renewals, extenslons and modifications of the Note; and (H) the performance of Borrower's covenants and agreements under this Security Instn=nt and the Note. For this purpose, lorrower does hereby mortgage, grant and convey to NMRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS, the following described property located in the County [lypc of RA= ding lurisdietion] of Cumbe rl and (Name of Recording Jurisdiction): SEE EXHIBIT A ATTACHED AND MADE PART HEREOF. which currently has the address of 16 Hunter Lane [street] Camp Hill Icity), Pennsylvania 17011 [zip code) ( "Property Address "): TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, a ur and fixtures now or hereafter a part o£ the roperty. All replacements and additions shall also be covered by this Security instru=t. All of the oing is referred to in this Security Instrument as the " property." Borrower uuderstands and agrees that MERS holds only legal title to the interests gmitod by Borrower in this Security but, if necessary to comply with law or custom, MERS as notratee for Lender and Lender's successors and assigns) has the night: to exercise any or all of those interests, including, but not limited to, the right to for ose and sell,the Property; and to take an y action required of Lender including, but not limited to, releasing and canceling this Security male 46)PA) Josue) Papa w re Form 3039 1101 BK 1876FG 1 598 12- 11 -'13 17 :0; T -345 P0016/0044 F -271 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant � convey the Property and that the Property is unencumbered, except for enmanbranrxs of record. Borrower warrants and will defend. generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with litnited variations by ju4sdiction to constitute it uniform security irtstrrtmeut covering real property- UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: i. Payment or 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 Notts and any prepayment charges and late charges due under the Note. Borrower shall also pay Rinds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrtrrnemnt shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrumeart is returned to Leader unpaid, Lender may require that any or all subsequent payments due Under the Note and this Security Instn ment be made in one or more of the following forms, as selected by Lcader: (a) cash; (b) money order; (c) ccrtifeed check, bank check, treasurer' a check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer, Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Louder in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current, Leader may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on tutapplied funds, Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the lutwe against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and Weements secured by this' Security Instrumernt. 2. Application of Payments or Proceeds. Except as otherwise described in this Seddon 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3, Such payments shall be applied to each Periodic Payment in the order in which it become due. Any remaining amounts shall be applied fast to late cha;rges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amowit 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 t each payment Iniei� �IL antt�A) {oaoel Pogo A of 0 \ Fom1 3039 1101 8K 1876PG 1 599 12- 11 -'13 17;03 T -345 P0017/0044 F -271 • D can be paid in full. To the extent that any excess exists after the payment is applied to the Rill payment of one or more Periodic Payments, such ercoess May be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in tha Note. Any application of payments, igmWanm proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments, 3. Funds for tacrow ]items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a stun (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 ancumbraauce on the Property; (b) leasehold payments or ground rents on the Property, if any; {c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the terra of the Loan, Lender may require that Community Association Auer, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, foes and assessments shalt be an Escrow Item, Borrower shall promptly iitrnish to Lender all notions of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Bor'rower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for my or all Escrow Items at any time. Any such waiver tray only be in writing, In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrowers obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and Weement contained in this Security Instrt rent, 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 F.scrorw Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any sucil amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Leader may, at any time, culled and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable rstimmes of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any )Federal Home Loan Bank. Lender shall apply the Punds to pay the 13scrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest V WMb MHlur Ut t�6B(PA) t�3aal Papr5a118 Form 1030 1101 UK I 876PG 16-00 12- 11 -'13 17.04 T -345 P0018/0044 F -271 v i i shall W paid on the binds. Lender shall give to Borrower, without charge, an annual accounting of the VM& as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RMA, Ltd shall aocouut to Borrower I tht'wtceas funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as did raider RESPA, Leader shall notify Borrower as required by REM, and Borrower shall pay to Lender the mnount Y to m26 up the shortage in accordance with RESPA, but in no more than 12 rrtonddy paytnept& Ifthore is $ deficiency of Funds held in escrow, as defined under Rl~SPA, Lender shall tdY as regWMd by KWA, and Borrower shall pay to Lmder the amolmt necessary to make up Elio defieitnq in 8=rdanw with ltESPA, but in no more than 12 monthly payments, Upon payment in fidl of all sums sewed by this' Security Ir)strmnM4 Lender shall promptly refund to Buurowver 81 W Funds held by Lender. IL Charges; Lien& ldorrower shall es, aesessmnts, char es fines and im atbribtdeblo to the Property which can attai g positions Priority over this Security [ttstrt mt, Ieasehold paynwnts or VVMW ren l on.the Property, if any, and C.onmtunity Association Dues, Fees, and Assessments, if any. To the Borrower shall iWM *to Escrow Items, Borrowver shall pay theta in the manner provided in Section 3. Pr discharge arty lien which has priority over this Security Instrument unless (agrees in writing to the payment of the obligation secured by the lien in a manner acceptable Q* so long as Borrower is performing such agreement (b) contests the lien in good faith by, or def m& against enfaroarm t of the lien in, legal proceedings which in Lender's opinion operate to prate the enforcement of the lien while those proceediW are pending, but only until sWI, proceedings are *Vchrded; or (e) SOCUres frorn the holder of the lien an agreement satisfactory to L xler subordinating the lien to this Swurity LL*ummt If Lander determines that any part of the Property is subject to a lien which can athl'n'Primity over this SeCU 1Y Instrwnent, Lender may give Borrower a notice identifying the lien. Within 10 days of rite date on which that notice is given, Borrower shall satisfy the liens or take one or tttore of tho actions set forth above in this Section 4. Lender may require Bffrower to pay a otie -time charge for a real a Ste tax verification and/or �P�B service rand by Leader in MADO CA with this Loan the I pIr ' Iasnrunce. Borrower AW1 keep the improve ncats nory existing or hereafter erected our Property insured against lass by fire, hawds included within the term "extended coverage," stud an Other hazards including, but not Ihnittd to y � and floods, for which bender requites ins>rra:*ce. This iuseraom shall be maintained in the amounts (including deductible levels) and for the periods that Lender rte. Mat Lender requires pursuant to the preceding sentences can change during the term of the Loan. T7te insurance carrier providing the insurance shall be chosen by Borrower subject to bender's r& to dimapprove Borrowee s choice, which right shall not be ermdsed unreasonably. Lender may mq!+irc lknowcr to pay, in Connection with this Loath either; (a) a one - time charge for flood zone ddarodnatiotti Wttfieation and traclang services; or (b) a one -time charge for flood zone dacrmination MW cettificaft services and'subsequent charges each tints remappings or similar changes occur w hi c h tcw*=* m4ft SfW suab deternilrWon or certification. l3arrower shall also be responsible for the pgnwnt of soy fees imposed by the Federal Emergency Management Agency in connection with the raview of any flood Anne deterrnivation rtsutlting from an objection by Borrower. now �-tnll'Al (0209) ra rinr . v+,pe E of 3e Form 5038 110! UK 187b•PG 1601 12- 11 -'13 17;0 T -345 P0019/0044 F -271 • If Bonewer fails to maintain any of the coverages described above, Lender my obtain insurance enYC[ M at Lender's option and Borrower's expenise. 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 p mted lint' rower, Borrower's equity in the Property, or the contents of the Property, agaiw arl risk hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower admowledgm that the cost of the insurance coverage so obtained might sigaificatintly exceed the cost of hmamwx that Borrower could have obtained. Any amounts disbursed by Lender rater this Section S shall bemame 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 Lander to borrower requrasft Payment, All i mnmoe polideg required by Lander and renewals of such policies shall be subject to Lender's tight to disapprove such policies, shall include a standard mortgage clause, and shall name bender as weutV&ft ca Wor as an additional loss payee. Lender shall have the right to hold the policies and renewal aatificates. If Lander requires, Harrower shall promptly give to Lender all receipts of paid premiums and rcoomml whe m If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction ot; the Property, such policy shall include a standard mortgage clause and shall ttemo.Lecadcr as mortgagee and/or as an additional loss payee. In the evetrt of loss, Borrower shall give prompt notice to the inswatice carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, my insurance proceeds, whether or not the underlying insurance was required by Lender, shall be gplied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lendees security is not lessened. louring such repair and restoration period, Lender shall have the right to hold suet lusurmw proceeds until Lender has had an opportunity to inspect such Property to ensure the work has boo completed to Lemdees satisfaction, provided that such inspection shall be undertsken promptly. lender may disburse proceeds for the repairs and restoration in it single payrnent or in a series oflingrcss payments as the work is completed. 'Unless an agreement is trade in writing or Applicable LAw requires interest to be paid on such insurance proceeds, Lender shall sot be required to pay Borrower. any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Berraowar abed/ not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not oconoanically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the amens secured by this Security lnstrumeut, whether or not then due, with the awass,ifany, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in 8ectiem Z. If Borrower aba ndams 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 Insu ram carrier has of fed to settle a claim, then Leander may negotiate and settle the claim. The 30-day period will begin wirer the notice is given. In either event, or if Lender acquires the Property under Sew 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insumaaee proceeds in ab amount not to exceed the amounts unpaid under the Note or this Security instrument, stud (b) any ether of Borroweu''a rights (ether than the right to any refund of uveamcd prerniutns paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Prop". Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid mWer the Note or this Security Instrument, whether or not then due- tmeeu� -OMPAI (om) Page 6110 Faun MO 1101 HK i B-76PS 1602 . 12- 11 —'13 17;04 T -345 P0020/0044 F -271 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the exertion of this Security Instrument and stall continue to occupy the Property as Borrower's principal residmrce for at least one year after the date of occupancy, unless Lender Otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating cirecunstmtoes exist which are beyond Borrower's control. 7. Preservatlon, Abiuteuance and Protection of the Property Inspections. Borrower sball 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 P[operty from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoradOrn is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid fiuther deterioration or damage. If insurance or condemnation proceeds are paid in connection with dwop 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 sengte payment or in a series of progress payments as the work is completed. If the insuance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. laormwees Loan Application. Borrower stall be in default if, during the Loan application process, Borrower or any persons or entities aging at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statenwats to Lender (or failed to • provide Lender with material inform allon) in eounection with the Loan. Material representations include, but are not limited to, representations concerning Borrower' a occupancy of the Property as Borrower's principal residence. 9, protection of Lender's Interest in the Property and Itiglits Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security rnstrvment, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights render this Security IrwUwnem (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which• may attain priority over this Security Instrument or to enforce laws or regulations), or (e) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Londe s actions can include, but are not limited to: (a) ping any sums secured by a lion which has priority over this Security instrun=l; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in Ube Property and/or rights under this Security Instrument, including its secured position in a bankruptcy piccaoft. Securing the Property includes, but is not limited to, entering the Property to crake repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is mot under any duty or obligation to do so. It is agreed that Lender incurs no liability for not tak4&g aay or all actions authorized under this Section 9. rmuu,: t NT 1.�ti� do$B(PA) (0290) Poco0 of r6 "fI' Form 8039 1109 1876PG 160 .... T 1�2- 11 -'13 17;04 T -345 P0021/0044 F -271 Any amounts disbursed by Lander under this Section 9 shell become additional debt of Borrower secured by this Security Instrument. These amounts shall bear Wcrest at rho Note rate from the data of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment If this Security Immanent is on a leasehold, Borrower shell comply with all the provisions of the lease. if Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the Merger in writing. 10. Mortgago Insursom If Lender required Mortgage Insurance as a condition of na &ing the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage requited 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 Insumce previously in effect, at a oast substantially equivalent to the oast to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact That the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any h0resst or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Leader requires) provided by an insurer selected by Lender again becomes available, is obtained, and bender requires separately designated payments toward the premiums for Mortgage Insurance. If Larder required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated paymerus toward the premiums for Mortgage Insuranm Borrower shall pay the premiums required to maintain Mortgage brain race in of bet, or to provide a non- refundable loss reserve, until bender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lendtr providing for such termination or until termination is required by Applieable Law. Nothing in this Section 10 of bets Borrowtst's obligation to pay interest it the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for cartain losses it may incur if Borrower does not repay. the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satis&ctory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to melee payments using any source of finds that the mortgnga insurer may have available (which may include finds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further (A) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurnuce, or any other terms of the Loan. Such agreements will not inerease the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. Innwr. �. 104B(PA) (Qaos) Poo9 of 18 Form 3039 1101 B 18.76PG1.684 12-11-'13 17:05 T -345 P0022/0044 F -271 (b) Avy so& agracmmts wM not affect the rights RormWer has - if any - with rmpeet to the Mortgop )Geer nun order tiro homeowners Pmtection Act of 1998 or any other law, Tbese rights may Lelnde the r*W to receive whin dlschwares, to request and obtain cancellation of the Mortlpge ileaterauee to have the Mortgage Insurance terminated automatically, and/or to receive a r ftod of ray Mortgage Insumet pmminma that were unearned at the time of such cancellation or te"W"tha. Ilk. Assigement of MhaRsavess Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby esdgaed to ad shell be paid to Lender. If the is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property restomthm or repair is eoonomicelly feasible and Lender's security is not lessened. During such repair and nstoratim period, L KW shatI have the right to hold such Miscellaneous Proceeds until Leader has had on opportunity to inspect such Property to ensure the work has been coaplested to Lore W s satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repan and restoration in a si dis bursement or in a series of progress payments as the work is M us Unless an agreement , shall no be required te' or Applicable Law requires interest to be paid on such squired to pay Borrower arty interest or earnings on such Misoellaaeous Proceeds. If the restoration or repair is not economically feasible or Lendef s security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for In Section 2. In the event of a total taking, destruction, or loss In value of the Property, the Miscellaneous Proceeds shall be applied to the stuns secured by this Security Instruine nt, whether or not then due, with the excess, if any, paid to Borrower. In the event of a peal taking, destruction, or loss is value of the property in which the fair market value of the Property innnedidely before the partial taking, destructiory or loss in value is equal to or 1poew than the amount of the sums secured by this Security Inshlunent immediately before the partial takin& deshwtion, or lass W value, unless Borrower and Lender otherwise agree in writing, the on secs W by this Socur ty Instrument Shall be reduced by the amount of the Miseellaneous Proceeds multiplied by the following fraction: (a) the total arnount of the sums secured immediately before the partial taking, destruction, or loss in. value divided by '(b) the fair market value of the property hatnediately before the partial taking, daMuction, or loss in value. Any balance shall be paid to Borrower. In the event of a ppWRzal taking, destruction, or loss in value of the Property in which the fair market value of" Property irpmemately before'the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taldng, destruction, or loss in value, unless Borrower and Lender iotheMis agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If. the Property is abandoned by Borrower, or it 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 eoilect and apply the Miscellaneous Proceeds either to restoration or of the Property or to the sums waxed by this Security Instrumotit, whether or not then due. "Opposing Party" means the third party that owa Harrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Misoellaaeous Proceeds. Borrower Mall be in dealt if my action or proomling, whether civil or criminal, is begun that, in Leruies's judgaumt, could result in forfeiture of the Property or other rmaterial impairment of Lender's im wcst in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration bas occurred, redretate as provided in Section 19, by causing the action or proceeding to be Innhlc 41ft-SB(PA) (02061 Pap 1 o of 16 Fore 3a 3 i 1 FO t 605 12- 11 —'13 17;05 T -345 P0023/0044 F -271 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairnwnt of Lendees interest in the property or rights under this Sewity Instrurnentt. The procee8s of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not )(telc*W-, Forbe mace'By Leader Not a Wolver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proewdinp against any Successor in Interest of Borrower or to refuse to extend tune for payment or otherwise ruodify amortization of the sums secured -by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any rigbt or remedy. 13. Joint and Several Liability; Co-almen; Seuemoors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Now (a "co- signer "): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms - of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (C) agrees that Lender and any other Borrower can agree to extend, modify, forbear or stake any accormmodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by lender, shalt obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the suemssors and assigns of Lender. 14, Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation foes. In regard to any other fees, the absence of express authority in this Security Xnstruucnt to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Inst mmot or by Applicable Law. If the Loan is subject to a law which sets maximum loan Charges, and that law is finally interpreted so that the interest or other loan chargers collected or to be collected in eonmection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lewder may choose to make this refund by reducing the principal owed under the Now or by making a direct payment to Borrower. If a refimd reduces principal, the reduction will be treated as a partial prepayment without any prepayment uharge (whether or not a prepayment charge is provided for tinder the Note). Borrower's acceptance of any such refund made by di payment to Borrower will constitute a waiver of any tight of action Borrower might have arisrmg 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 ihall be deemed to low fn 0ds: 4ok.eB(PA) (0200) Pape 11 a118 Fo m 3030 1101 nU 1876PG 1606 12- 11 —'13 17;0 T -345 P0024/0044 F -271 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's D060 address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable I.aw expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lander. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifics a procedure for reporting Borrower' s change of address, then Borrower shall only report a e of address through that specified procedure. There uuay be ou ly one designated notice address under ft Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail. to Lender's address stated herein unless Lender has designated another address by notice to Borrower, Any notice in commdon with this Security InstrumcrA shall not be decried to have bem given to Lender until actually received by Lender. If any notice required by this Security Instrument ig also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding roquirement under this Security Instrument. 16. Governing lAvr, Severability; Rules of Con inctioo. This Security Instnnnent shall be governed by federal law and the law of the jurisdiction in which the Property is looted. All rights and obligations contained in this Security Instru rnent are subject to any requirements and limitations of Applicable Lm Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreeir t by contrail. In the event that any provision or clause of this Security Instrument ar 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 (e) the word " may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument, 18. Transfer of the Property or a Beneficlal Interest is Borrower. As used in this Section 18, "Interest in the property" means any legal or beneficial interest in the Property, inchrding, but not limited to, those beneficial interests transferred in a bond for deed, contract for dead, installment sales contract or escrow agresernent, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or uny Interest in the Property Is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without LaWce s prior written consent, Lender may require immediate payment in full of all sums secured by this Security Irtstr unent. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceteradon. 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 semis secured by this Security Instrument. If Borrower fails to pay these scans prior to the expiration of this period, Lender may invoice any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration, If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security instrmtsot discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinsmm; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Leander all sums which there would be, due under this Security Instrument and the Notes as if no acceleration had occurred; (b) cures any default of any other covenants or intiw - 68(PA) (02061 Pogo Q of 16 Form 3030 Vol K t 876PG 1607 12- 11 -'13 17:05 T -345 P0025/0044 F -271 marts; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited 4 reasmable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecti>ag Lendee s interest in the Property and rights under this Security Instrument, and (d) takes PA action as leader ma reasonably require to assure that tender's in terest m the property and rights under this Sco ty InstrumwA� and Borrowers obligation to pay the sums secured by this Security Instruo=4 sba11 aontimn unchanged. Lender may require that Borrower pay such reinstatement sums and expesnsos in one or more of the following forms, as Selected by Le ndnt: (a) Crib; (b) money order; (c) eeitiBed aback, bank ohedc, ftzuWs chedt or cashier's check, provided any such Check is drawn upon in hisdprtion whose deposits are insured by a federal agency, instnmteatality or entity; or (d) )electronic Funds Trjmft. Upon remstatartent by Borrower, this Security Instru meta and obligations secured hereby " remain fully effictive as if no aoceleration had occurred. However, this right to reinstate shall not apply in the case of aeoderation under Section 19. 20. $ale of Note; Change of Lore Servicer, Notice of Grievaum The Note or a partial interest in tbo Kota (together with this Security Instrument) can be sold one or more tinter without prior notice to Borrower. A sale might result in a change in the entity (lawwn as the "Loan Servicer ") that collects Paio&c Pay=nts duo sunder the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Sv=ity Instrument, and Applicable Law. 'There also might be ow or more slum ee of the Lam Servicer caudated to a sale of the Note, If that is a change of the Loan Servicer. Borrower will be given written notice of the dwige,whieh will stabs the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connectkm with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with Loan &:rvicer or be transferred to a successor Loan Servicer and are not assumed by the Not Vwcbaser carless otherwise provided by the Note purchaser. Neither Borrower nor L4der may oommenee, join, or be joined to any judicial action (as either an iadmdual litigant or the ,uentber of a class) that arises from the other party's actions pursuant to this Security Instr zomit or that alleges that the other party has breached any provision of; or any duty owed by reason 14 this Security lnstrument, until such Borrower or Lender has notified the other party (with such notice'givar in cowpliance with the requirements of Section 15)' of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which trust 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 oppm uunity to cure given to Borrower pursuant to Section 22 and the notice of aoceleration given to Borrower pursuant to Section 111 "1 be deemed to satisfy the notice and opportunity to take Corrective action provisions of this Section 20. 21. Iburdous Substances. As used in this Sedion' 21: (a) "Hazardous Substances" are those mbstonces defined as totdc or hazardous substarots, pollutants, or wastes by Environmmtal Law and the f klovi tlg substarx= gasoline, kerosene, other flammable or toxic petroleums products, toxic pesticides and hwbwdes, voWe solves materials congaing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Laval" means federal laws and laws of the jurisdiction when the Property is looted that ram to health, safety or arvimnumW protection; (c) "Envitomrrattal Cleanup" includes any response SCUM re medial acho% or removal astir►, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 41-St3(PA) eoso6) Pape 13 ar 1s 1 3039 1101 187 6P 16.06 + 12 -11- ` 13 17 ; 01 rnnM t TI r h n ("rr T -345 P0026/0044 F -271 1 Borrower shall not came or permit the presence, use, disposal, storage, or release of any Hazardous Snheta30.4 or men to release any Hazardous 3ubsmuces, on or in the Property Borrower shall not do, nor allow Tywo else to do, anything the Property ,(a) that is in violation of any Environmental law,(b) wluch cs Betas an Euvimrmren ltal ition, or (c) which, due to the presence, use, or release of a Hem Aout Substance, at" a condition that adversely affects the value o£ the Pro 'Ills pr eceding two �wces shall not apply to the esmee, uw, (Fr storage on the pro o mull quantities of Hkrdow that we recognized to be appropriate to ttD� residential uses and to maintmrmee of the Property ( not limited to, hazardous substances in consumer prpduds). Emrowgr shall promptly give Lander written notice of (a) inventipation, cla[M defimnd, lawsuit OF other action by any Swer umtel or regulatory agency orpn vie party m volvting the Pr and any Hazardous Subgm a or Environmo�t Law of Aueb Borrower bas actual lrnowl (b) say Favirommeatal Condition, including but not limited to, any spilling, leaking, discharge, release or threat of rekw of EW Hazardous &ksta ace, and (c) any condition caused by the presence, use or release of a H* dous'SW*jwce Adch adversely affmts the value of the Property. If Borrower learns, or is notified by ny or regtt�tos� iWwrity, or any private party, that mfrs removal or other rernediation o a w Sghsw= a g the Property is necessary, Borrower Udl promptly take all necessary remedeal actions in aceordam with Environmental Law. Nothing herein shall create any obligation on Lender for an Environwatal Cleanup. NON- UNWORM COVENANTS. Borrower end Lender further covenant and agree as follows: 2L Acederatioa; RmedkL Lender shell give actice to Borrower prior to acceleration following Borrower's bread of any cament or agreement in this Security Instrument (but not prior to samlenetion under Section 18 galas Applicable Late provides otherwise Lender sball notify Borrower oft, among other things: (a) the default; (b) the action required to enre the default; (c) when the debalt must be carol; and ( that failure to cart the default as s may result in accelemiau of the snore seemed by this Security Instrument, fore�closnre by udkW proceeding and sak of the Property. Leader shall further inform Borrower of the right to reinstate after acceleration and fie rfpt to *pert in the foreclosure proctedin the Don-exl mot of a default or any other detmw of Bermotr to aecdrratioa and foreclosure. Vthe default is not cared as specified, Tender at its.eption may require immediate payment in • fall of rift suns wtur�ed by this Security Instrument wlboat further demand and may this Security Instrument by jndieial proceeding. Leader 11MR be endtied to oohed an expenses incurred ten pu uing the remedies provided In this Scedon 22, inehulw& but not linked to, attorneys' fees and costs a title evidene to the extent permitted by Applkablo Lair. 27. Rdasr. Upon payment of all scams secured by this Security Instnmr>aret, this Security aq ument and the cAft conveyed shall terminate and become void. After such ocemnsace, Tender shall discharge •y. this SW Borrower shelf pay an recordation costs. Lender may charge aod Borrower a fee for rei • this,Sectinity Instrument, but auly if the fm is paid to a third party for servioes ncudelred and the edging of the fen is permitted under Applicable Law. 24 Waiiva& Borrower, to the extent parrnitted by Applicable Law, waives and releases any error or defixts in prooeodin and hereby waives t ga to enforce this Security Instrumt, iro benefit of any preset or femue laws providing for stay of exempton, extmion of tune, exemption from atfi4w ent, levy and sale, and homestead atanpfim 25. Relasdrtement F*dod. Borrower's time to reinstate provided in Section 19 shall extend to one how prior to the cormm eem not of bidding at a sheriff s silo or other We pursuant to this Security P ardma Money Mortgage. if any of the debt, secured by this Security Instrument is lent to Borrower to acquire title to the Roperty, this Security Instrument shall be a purchase money mortgage. Z7 Interest Rate After Jodi went. Borrower Agrees that the interest rate payable after a judgro t is a vad air tba Note or in an =don of mortgage foreclosure shall be the rate payable from tune to time snider the Note. O IntlSUS a( 4ft B(PA) (6266) PW 14 Of Is Form 3 039 1101 titt 1609 u 12- 11 —'13 17 :e T -345 P0027/0044 F -271 13Y SIGNING BELOW. Harrower accepts and agrees to the terms and covenants eonmined in this Security Irmu meat and in any hider execated by Borrower and recorded with it. Witnesses: Seal Bret A. Rei sch .Barrawar {seal} A111son R. Reisch - Barrower Rorrowcr - 9mower () _Bormwer - $ orrawer .Rmowtr - Borrower JW48(PA) (a:osi p.ps is m is Farm 3039 1101 OKI876PG1610 12- 11 -'13 17;06 T -345 P0028/0044 F -271 Ccrlittcate of Resldence I. `D2.• "v "vk; i&rfAA , do hereby certify that the correct Address of the within -named Mortgagee is P.O. Box 2026, Flint, MI 48501 -2026. Wimessmy hand tbis2$th dayofJuly, 2004 r �+t��l,�'S �• fl( rtgagec COMMONWEALTH OF PENNSYLVANIA, County ss: CXj wSf&L4vJb On this, the -- v day of -;;So y 2G U before mc� the widersisned officer, personally vpmed A , 4 sc.h 0 AL oµ R ' & S ck sMsfactority proven) to be the persons) whose k to me (or uarrte(s) is/are subscribod to the within instrument and adrnawledW that hefshelfty mmited the same for the purposes herein contained. IN WITNESS WHEU0F I hereunto set my hand and of dal seal. My Commission Expires: 3 -2,9- 1 2-W9 ��t1R��s �aaiC' r d i)fT�u , c_ G Tine of OOawr MMOng&TH of pSNNSnVANI Nata(lai Seal Dwft Ft Raurta . NOMY PM Swat SpftTwp., O rOdand CoWty My Oorto *=A A up. 28, 2007 M;mfxx. PBIUI6Y�d A[�6ogavor. (�! M72ntz• , n Inille�e; ,� ��BIPAI (a?oef srye I$ of (a form 3099 1101 BK 1•876PG 16 H 12- 11 -'13 17;06 T -345 P0029/0044 F -271 EXHIBIT A ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE BOROUGH OF EAST PENNSBORO, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED ACCORDING TO SURVEY OF W,B. WHITTOCK, REGISTERED PROFESSIONAL ENGINEER, DATED 04/20/1956 AS FOLLOWS: BEING LOT NO. 35, BLOCK WON PLAN KNOWN AS LONG MEADOW PLAN NO.1 RECORDED IN CUMBERLAND COUNTY IN PLAN BOOK 6,PAGE 23. recurded +,."jarity PA f Deeds 12- 11 -'13 17; T -345 P0030/0044 F -271 VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER NOVICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT .OF VE'T'ERANS AFFAIRS OR ITS ,AUTHORIZED AGENT. THIS VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER is made this 28th day of July. 2D04 , and Is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Deed to Secure Debt (herein "Security Instrument ") dated of even date herewith, given by the undersigned (herein "Borrower) to secure Borrower's Note to MORTGAGE INVESTORS CORPORATION (herein "Lender") and covering the Property described in the Security Instrument and located at 16 Hunter Lane. Camp H111. PA 17011 [Property Address] VA GuAPANTEED LOAN COVENANT: In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows; If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Ctide, such Title and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of Borrower and Lender. Any provisions of the Security Instrument or other instruments executed in connection with said Indebtedness which are inconsistent with said Title or fgulations, including, but not limited to, the provision for payment of any sum In connection with prepayment of the secured Indebtedness and the provision that the Lender may accelerate payment of the secured indebtedness pursuant to Covenant 18 of the Security instrument, are hereby amended or negated to the extent necessary to conform such instruments to said Title or Regulations. Ml1 ATE VA GUARANI't� LOAN AND ASSUMPTION POLICY RIDIR WITHOUT GUARANTY at-630R (D401) 101 Page 1 of 3 Initials: VMP Mortgage Solutions (800)521 -7291 12- 11 -'13 17:1 T -345 P0031/0044 F -271 LATE CHARGE At Lender's option, Borrower will pay a "late charge" not exceeding four per centum (4%) of the overdue payment when paid more than fifteen (15) days after the due date thereof to cover the extra expense involved in handling delinquent payments, but such "late charge" shall not be payable out of the proceeds of any sale made to satisfy the indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses secured hereby. TRAN$FER OF THE PROPERTY: This loan may be declared immediately due and payable upon transfer of the Property securing such loan to any transferee, unless the acceptability of the assumption of the loan is established pursuant to Section 3714 of Chapter 37, Title 38, United States Code. An authorized transfer ( "assumption") of the Property shall also be subject to additional covenants and agreements as set forth below: (a) AsSUMPTION FUNDING FEE: A feeeguai to one -half percent ( 0,50%) of the balance of this loan as of the date of transfer of the Property shall be payable at the time of transfer to the loan holder or Its authorized agent, as trustee for the Department of Veterans Affairs. If the assumer falls to pay this fee at the time of transfer, the fee shalt constitute an additional debt to that already secured by this instrument, shall bear interest at the rate herein provided, and, at the option of the payee of the indebtedness hereby secured or any transferee thereof, shall be Immediately due and payable. This fee is automatically waived if the assumer is exempt under the provisions of 38 U.S.C. 3729 (c). (b) ASSUMPTION P80C ING CHARGE Upon application for approval to allow assumption of this loan, a processing fee may be charged by the loan holder or its authorized agent for determining the creditworthiness of the assumer and subsequently revising the holder's ownership records when an approved transfer is completed. The amount of this charge shall not exceed the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37, Title 38, United States Code applies. (c) ASSUMPTION INDEMNITY LIABILITY If this obligation is assumed, then the assumer hereby agrees to assume all of the obligations of the veteran under the terms of the instruments creating and securing the loan. The assumer further agrees to Indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or insurance of the indebtedness ceeated by this instrument. Initials: Aar— CI-539 R (0401) Page 2 of 3 131f 1876PG 16 f k 12- 11 -'13 17:0E T -345 P0032/0044 F -271 I IN VATN5SS WHEREOF, Sorrowex(s) has executed this VA Guaranteed Loan and Assumption Fbucy Rider. Bret A. Reisch - Borrower Allison R. Ref sch - Rarrower - Borrower - Borrow er - Borrower -Borrower _g - Borrower 44-5 39K (0401) Page 3 of 3 O 1876PG 16 1`S 1Z- 11 -'13 17 :07 T -345 P0033/0044 F -271 ADJUSTABLE RATE RUDER (1 -Year Treasury Index - Rate Daps) THIS ADJUSTABLE RATE RIDER is made this 28th day of July, 2004 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument ") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to MORTGAGE INVESTORS CORPORATION (the °lender•) of the. some date and covering the property described in the Security Instrument and located at: 16 Hunter Lane. Camp.H111, PA 17011 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTERES11 RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATETHE 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 5.000 %. The Note provides for changes in the interest rate and the monthly payments as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of 10/01/2007 , and on that daffy every 12th month thereafter. Each date on which my interest rate could change Is called a "Change Date_" M O STATIt ADJUSTABLE RATE ROMSingle Family- Veterans Affairs W 46u (0309).01 10103. 1 of 3 Initiais:� ARM VMP Mortgage Solutions (800)521 - 7291 k_.. .T 12- 11 -'13 17:07 T -345 P0034/0044 F -271 (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" Is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 30 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will use as a new index any index prescribed by the Department of Veterans Affairs. The Note Holder will give me notice of the new Index. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding two percentage points ( 2.000%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one of one percentage point (0.12696). Subject to the limits stated.in Section 4(0) below, this rounded amount will be my new Interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Hate in full on the maturity date at my new interest. rate in substantlally equal payments. The result of this calculation will be the new amount of my monthly payment. ID) Umtts on Interest Rate Changes. The interest rate I am required to pay at the first Change Date will not be greater than 6.000°6 or less than 4.000 %. Thereafter, my interest, rate will never be increased or decreased on any single Change Data by more than one percentage point (1.096) from the rate of interest I have been paying for the preceding 12 . months. My interest rate w ill never be more than five percentage points (5%) higher or lower than the initial rate. (b7 Effective Late 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. Initials: %-645U (0309).01 Page 2 of 3 10103 BK 1 161-7 * I �. . 12- 11 -'13 17;07 T -345 P0035/0044 F -271 • BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contalmW in this Adjustable Rate Mder. () —(Seal) f Bret A. Retsch - Borrower Allison R. Reisch - Borrower (seal} (sew) - Borrower - Borrower — - (seat) (Seal) - Borrower - Borrow er (Seal) (} - Borrow er - Borrower ek-645U (0509 ).01 Page 3 of 3 10103 -876PG16S ADJUSTABLE RATE NOTE (1 Year Treasury Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANYONE TIME AND THE MAXIMUM RATE I MUST PAY. July 28, 2004 Camp Hill PA [D!�e] [Ci [s tate] 16 Hunter Lane, Camp dill, PA/ 17011 I. BORROWER S PROMISE TO PAY [Property Address] In return for a loan that I have received, I promise to pay U.S. S 130, 900.00 / (this amount is called . "Principal "), plus interest, to the order of the Lender. The Lender is MORTGAGE INVESTORS CORPORATION I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged oj� principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.000 %. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(13) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. / I will make my monthly payment on the first day of each month beginning on September 1, 2004 I will make j these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. Ii; on August 1, 2034 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." i I will make my monthly payments at 6090 CENTRAL AVENUE, ST. PETERSBURG, FL 33707 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 702.7 0 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates j The interest rate I will pay may change on the first day of 10/01/2007 , and on that day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date." 479447 MULTISTATE ADJUSTABLE RATE NOTE - Single Family • Veterans Affairs =-S44 (o3og) 10103 VMP Mortgage SOIUtiOns (600)521.729t1!(,�/�� \7I1�1 /y1� Page 1 of 4 Iniltala: —z ' i Y f (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 30 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will use as a new index any Index prescribed by the Department of Veterans Affairs. The Note Holder will give me notice of the new Index. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding two percentage points ( 2.000 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one -eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 6.000 % or less than 4.000 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1.0%) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be more than five percentage points (5 %) higher or lower than the initial rate. (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. (l) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice.' 5. BORROWER' S RIGHT TO PREPAY I have the right to prepay at any time, without premium or fee, the entire indebtedness or any part thereof not less than the amount of one installment, or $100.00, whichever is less. Any prepayment if full of the indebtedness shall be credited on the date received, and no interest may be charged thereafter. Any partial prepayment made on other than an installment due date need not be credited until the next following installment due date or 30 days after such prepayment, whichever is earlier. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted Iimits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000 % of my overdue payment. I will pay this late charge promptly but only once on each late payment. 3 S44 pos) Page 2 of 4 Initiela: (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even it at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note. Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attomeys' fees. & GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering- it- or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a;notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.: "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid: 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument "), dated the same.date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: - Regulations (38 C.F.R. Part 36) issued under the Department of Veterans Affairs ( "VA ") Guaranteed Loan Authority (3 8 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities of the parties to this loan and any provisions of this Note which are inconsistent with such regulations are hereby amended and supplemented to conform thereto. ro a Ck 544 (0309) Papa 3 of 4 Initials: i WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) Bret A. Rei SCh Borrower A 115on R. Rei 5Ch - Borrower (Seal) (sea) - Borrower - Borrower (Sea]) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower -Borrower vVithoul rtecourse pay To The Order O# (Sign Original Only] Mortgage Investors Corporation Date: 7 DOREEN FAY ASSISTANT VICE PRESIDENT =0-544 (0309) pope 4 or 4 10103 i E ve onie MORTGAGE October 25, 2013 BRET A REISCH 16 HUNTER LN CAMP HILL PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE* This is an official notice that the mortme on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached palles. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the prol4ram works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling A enc . The name, address and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1 -800- 342 -2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, Representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. i i[HSnnn;.i �n bn *+ LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): BRET A REISCH ALLISON R REISCH PROPERTY ADDRESS: 1.6 HUNTER LN CAMP HILL PA 17011 LOAN ACCT. NO.:i ORIGINAL LENDER: Mortgage Investors Corporation CURRENT LENDERISERVICER: EVERBANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR r WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES — If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencics for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE — Your Mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you ire submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION SOONAS POSSIBLE IF YOUHA VE A MEETING WITHA COUNSELING A GENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE ANAPPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSUREAGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE,,. YOU HAVE THE RIGHT TO FILEA HEMAPAPPLICATION EVEN BEYOND THESE TIME PERIODS A LATEAPPLICATION WILL NOT PREVENT THE LENDER FROMSTARTINGA FORECLOSUREACTION, BUT IF YOUR APPLICATIONIS EVENTUALLYAPPROVED AT ANYTIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION — Available fiends for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) 3 HOW TO CURE YOUR MORTGAGE DEFAULT (BrinL it up to date) NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 16 HUNTER LN CAMP HILL PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS AS OF June, 0.1 jr201:3!and the following amount is now past due: $ 3,736.28 Other charges (itemized): ABOVE PAYMENTS TOTALING $ 3,736.28 LATE FEES TOTALING $ 368,22 ADVANCES TOTALING $ 00.00 OTHER FEES TOTALING $ 268.46 TOTAL AMOUNT PAST DUE: $ 4,372.96 HOW TO CURE THE DEFAULT — You may cure the default within THIRTY (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4,372.96 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or money order made payable and sent to: ATTN: PAYMENT PROCESSING EVERBANK P.O. BOX 530579, ATLANTA, GA 30353 -0579 IF YOU DO NOT CURE THE DEFAULT — If you do not cure the default within "THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends TO INSTRUCT ITS ATTORNEYS TO START LEGAL ACTION TO FORECLOSE UPON YOUR MORTGAGED PROPERTY. IF THE MORTGAGE IS FORECLOSED UPON — The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees 4 OTHER LENDER REMEDIES —The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE — If you have not cured the default within the "THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the Icnder and byperforming, any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE — It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender HOW TO CONTACT THE LENDER: Name of Lender: EVERBANK Address: 301 W BAY STREET, .IACKSONVILLE, FL 32202 Phone Number: (800) 669.7724 Fax Number: (904) 332 -7672 Contact Person: ERIC LAMMONS, RESOLUTION MANAGER EFFECT OF SHERIFF'S SALE — You should realize that a sheriffs sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sate, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE — You may be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. However, you must contact your lender to verify if this is permissible under your Note and Deed of Trust. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVF THIS DEFAT.JI,T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. S a r • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSF_.RT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY O'T'HER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TIIE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See attached Appendix C) r, HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 03120/2013 02:18 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 - 511 -2227 717 - 232 -9757 Housing Alliance ofYork/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 -855 -2752 717- 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717 -234 -6616 717- 264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17 l 10 717 - 3344518 717 - 780 -3940 800- 342 -2397 Servicemembers Civil Relief U.S. Department of Housing OMB Approval 2502 -0584 Act Notice Disclosure and Urban Development Exp 11/30/2014 Office of Housing Legal Rights and Protections Under the SCRA Servicemembers on "active duty" or "active service," or a spouse or dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC App. §§ 501 -597b) (SCRA). Who Mav Be Entitled to Legal Protections Under the SCRA' • Regular members of the U.S. Armed Forces (Army Navy, Air Force, Marine Corps, and Coast Guard), • Reserve and National Guard personnel who have been activated and are on Federal active duty. • National Guard personnel under a call or order to active duty for more than 30 consecutive days under section 502(t) of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds. • Active service members of commissioned corps of the Publ is Health Service and the National Oceanic and Atmospheric Administration. • Certain United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of war or military action. What Legal Protections Are Servicemembers Entitled To Under the SCItA? • The SCRA states that a debt incurred by a servicemember, or servicemember and spouse jointly, prior to entering military service shall not bear interest at a rate above 6 % during the period of military service and one year thereafter, in the case of an obligation or liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage, or during the period of military service in the case of any other obligation or liability. • The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within one year after the servicemember's military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within one year after the servicemember's military service unless the creditor has obtained a valid court order approving the sale, foreclosure, or seizure of the real estate. • The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or Dependent Request Relief Under the SCRA? • In order to request relief under the SCRA from loans with interest rates above 6% a servicemember or spouse must provide a written request to the lender, together with a copy of the servicemenber's military orders. [Note: Lender should place its name, address, and contact information here.] • There is no requirement under the SCRA, however, for a servicemember to provide a written notice or a copy of a servicemembcr's military orders to the lender in connection with a foreclosure or other debt enforcement action against real estate. Under these circumstances, lenders should inquire about the military status of a person by searching the Department of Defense's Defense Manpower Data Center's website, contacting the servicemember, and examining their files for indicia of military service. Although there is no requirement for servicemembers to alert the lender of their military status in these situations, it still is a good idea for the servicemember to do so. How Does a Servicemember or Dependent Obtain Information About the SCRA? • Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for all branches of the Armed Forces is available at httt):/ legalassista ncc.law.af.inil /content /locator oho • "Military OneSource" is the U. S. Department of Defense's information resource. If you are listed as entitled to legal protections under the SCRA (see above), please go to %vww. mi litarv oiiesource.c om /sera or call 1 -800- 342 -9647 (toll free from the Unites States) to find out more information. Dialing instructions for areas outside the United States are provided on the website. form HUD -92070 (02/2013) rn co r. Postage u'7 Certified Fee Q Return Receipt Fee I Postmark Q (Endofsoment Required) Hare 0 Reslricled pelivery Fee I O (Endorsement Require(i) p Total Postage, BRET REISCH G7 16 HUNTER LN Sent To rn CAMP HILL PA 17011 Sfieef, APt No low or PO Bnx Mo. Oiry, Stale, ZIP +9 :rr ri, Everh6me MORTGAGE October 25, 2013 ALLISON R REISCH 16 HUNTER LN CAMP HILL PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE* This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pates. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM fHEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, o� u may call the Pennsylvania Housinp- Finance Ap_ency toll free at 1 -800 -342 -2397 (Persons with impaired hearing can call 717 780-1869). This Notice contains important legal information. If you have any questions, Representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. n[hisuuns.i LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): BRET A REISCH ALLISON R REISCH PROPERTY ADDRESS: 16 HUNTER LN CAMP HILL PA 1701.1 LOAN ACCT. NO.: ORIGINAL LENDER: Mortgage Investors Corporation CURRENT LENDERISERVICER: EVERBANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR 2 s WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DXI'E. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW 'TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county n which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE — Your Mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE HEMAPAPPLICATION SOONAS POSSIBLE IF YOUHAVEA MEETING WITHA COUNSELING AGENCY WITHIN 33 DA YS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARIL Y PREVENTED FROM STARTING A FORECLOSUREAGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HA VE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION — Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Mousing Finance Agency has sixty (60) days to snake a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) 3 1 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it u13 to date). NATURE OF THE DEFAULT — The MORTGAGE debt held by the above lender on your property located at: 16 HUNTER LN CAMP HILL PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE, PAYMENTS AS OF 3une:01, 201.3 and the following amount is now past due: $ 3,736.28 Other charges (itemized): ABOVE PAYMENTS TOTALING $ 3,736.28 LATE FEES TOTALING $ 368.22 ADVANCES TOTALING $ 00.00 OTHER FEES TOTALING $ 268.46 TOTAL AMOUNT PAST DUE: $ 4,372.96 HOW TO CURE THE DEFAULT — You may cure the default within THIRTY (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4,372.96 PLUS ANY MORTGAGE, PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or money order made payable and sent to: ATTN: PAYMENT PROCESSING EVERBANK P.O. BOX 530579, ATLANTA, GA 30353 -0579 IF YOU DO NOT CURE THE DEFAULT — If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends TO INSTRUCT ITS ATTORNEYS TO START LEGAL ACTION TO FORECLOSE. UPON YOUR MORTGAGED PROPERTY. IF THE MORTGAGE IS FORECLOSED UPON — The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to nay attorney's fees. 4 Y OTHER LENDER REMEDIES —The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE — If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due plus any late or other char es then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted, EARLIEST POSSIBLE SHERIFF'S SALE DATE — It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender HOW TO CONTACT THE LENDER: Name of Lender: EVERBANK Address: 301 W BAY STREET, JACKSONVILLE, FL 32202 Phone Number: (800) 669 -7724 Fax Number: (904) 332 -7672 Contact Person: ERIC LAMMONS, RESOLUTION MANAGER EFFECT OF SHERIFF'S SALE — You should realize that a sheriff s sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE — You may be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. However, you must contact your lender to verify if this is permissible under your Note and Deed of'ITrust. I i YOU MAY ALSO HAVE THE RIGHT. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER I,FNDING INSTITUTION TO PAY OFF THIS DEBT. • TO IIAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. 5 • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TIIE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See attached Appendix C) 6 N y y HEMAP Consumer Credit Counseling - Agencies CUMBERLAND County Report last updated: 03120/2013 02:18 PM Advantage Credit Counseling Service /CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 171.02 Harrisburg, PA 17104 888 -511 -2227 717- 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 - 855 -2752 717 - 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717- 234 -6616 717- 264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 - 334 -1518 717- 780 -3940 800 - 342 -2397 A Servicemembers Civil Relief U.S. Department of Housing OMB Approval 2502.0584 Act Notice Disclosure and Urban Development Exp 11/3012014 Office of Housing Legal Rights and Protections Under the SCRA Servicemembers on "active duty" or "active service," or a spouse or dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC App. §§ 501 -597b) (SCRA), Who May Be Entitled to Legal Protections Under the SCRA? • Regular members of the U.S. Armed Forces (Army, Navy, Air Force, Marine Corps, and Coast Guard). • Reserve and National Guard personnel who have been activated and arc on Federal active duty. • National Guard personnel under a call or order to active duty for more than 30 consecutive days under section 502(1) of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds. • Active service members of the commissioned corps of the Public Health Service and the National Oceanic and Atmospheric Administration. • Certain United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action. What Legal Protections Are Servicemembers Entitled To Under the SCRA? • The SCRA states that a debt incurred by a servicemember, or servicemember and spouse Jointly, prior to entering military service shall not bear interest at a rate above 6 % during the period of military service and one year thereafter, in the case ofan obligation or liability consisting of a mortgage, mist deed, or other security in the nature of a mortgage, or during the period of military service in the case of ally other obligation or liability. • The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within one year after the servicemember's military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within one year after the servicemember's military service unless the creditor has obtained a valid court order approving the sale, foreclosure, or seizure of the real estate. • The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or Dependent Reouest Relief Under the SCRA? • In order to request relief tinder the SCRA from loans with interest rates above 6% a servicemember or spouse must provide a written request to the lender, together with a copy of the servicemenber's military orders. [Note: Lender should place its name, address, and contact information here.] • There is no requirement under the SCRA, however, for a servicemember to provide a written notice or a copy of a scrvicemember's military orders to the lender in connection with a foreclosure or other debt enforcement action against real estate. Under these circumstances, lenders should inquire about the military status of person by searching the Department of Defense's Defense Manpower Data Center's website, contacting the servicemember, and examining their files for indicia of military service. Although there is no requirement for Servicemembers to alert the lender of their military status in these situations, it still is a good idea for the servicemember to do so. How Does a Servicemember or Dependent Obtain Information About the SCRA? • Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for all branches of the Armed Forces is available at Ittto :h'le lassistan /content /lk )cator.,plih • "Military OneSouree" is the U. S. Department of Defense's information resource. If you are listed as entitled to legal protections under the SCRA (see above), please go to www. militaryonesource.corn sera or call 1 -800- 342 -9647 (toll free from the Unites States) to find out more information. Dialing instructions for areas outside the United States are provided on the websitc. form HUD -92070 (0212013) Po stal CERTIFIED MAIL,,,, R ECEI P T 1. Q to Q' C3 �' co zr Postape try - - -- - Cenit:ed Foa: -- — Postmark D Return Reoeipt Fee Here 1-3 (Endomemeni Requin:dj C3 Restriclod b(livery Pec O (Fndorsement Requireo) C3 _a 'total Postage ALLISON REISCH O 16 HUNTER LN Sent To m CAMP HILL PA 17011 i rq Streei, Apt. No; 1 nr PO I YNo. J City, $fate, ZIP- _ - PS Form 3 800 . August 2006 See Reverse for Instructions VERIFICATION The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Property held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: I' I'cl(,c Y �� Z(� 1� C JtiQlZ NAME: Anne C. Schroeder TITLE: Asst. Vice President COMPANY: S & D FILE NO: 1.3- 044647 Bret A. Reisch and Allison R. Reisch FORM 1. IN THE COURT OF COMMON PLEAS OF EverBank CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Bret A. Reisch J L.J { 16 Hunter Lane ., _t c Camp Hill, PA 17011,, Allison R. Reisch r ; 16 Hunter Lane Camp Hill, PA 17011 ly, pqv DEFENDANTS Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. if you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: SHA.PIRO & DeNARDO, LLC Date rneys for Plaintiff CAITLIN M. L: ':' 7 °LLY, LSQ IRE FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: • Borrower name(s): Property Address: State: Zip: City: Is the property for sale? Yes ❑ No ❑ Listing Date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): State: Zip: City: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? C O-BORRO WER Mailing Address: State: Zip: City: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? • • • First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the Loan in Bankruptcy? Yes ❑ No ❑ • If yes, provide names, location of court, case number & attorney Assets Amount Owed Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile 41: Model: Year: Amount Owed: Value: Automobile #2: Model: Year: Amount Owed: Value: O ther transportation (automobiles boats motor cycles). Model: Year: Amount Owed: Value: Monthly Income: Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Co- Borrower Pay Days: Borrower Pay Days: M onthly Expenses (Please only include expenses you are currently paying) EXPENSE AMOUNT 1EXPENSE AMOUNT Mortage Food 2" Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other rot). Payment Install. Loan Payment Cable TV Child Support /Alim. Spending Money Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 1 � Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH ORIZATIO N I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating m financial situation for possible mortgage options. I /We understand that I /We am /are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) A � FORM 3 IN THE COURT OF COMMON PLEAS OF EverBank CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Bret A. Reisch 16 Hunter Lane Camp Hill, PA 17011 Allison R. Reisch 16 Hunter Lane Camp Hill, PA 17011 DEFENDANTS Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court - supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over tirne; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY . Ronny R Anderson FILED—OFFICE Sheriff OF THE PROTHONOTARY p of CIli17` Jody S Smith 2014 APR 17 PH 2: 22 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor oFF c oF PENNSYLVANIA EverBank vs. Bret Reisch (et al.) Case Number 2014 -1794 SHERIFF'S RETURN OF SERVICE 04/04/2014 12:47 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Served" at 16 Hunter Lane, East Pennsboro, Camp Hill, PA 17011. There are no other adult Occupants other than the defendants that were served. 04/04/2014 12:47 PM - Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Bret Reisch at 16 Hunter Lane, East Pennsboro, Camp Hill, PA 17011. JEFLgDZI, DEPUTY 04/04/2014 12:47 PM - Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Bret Reisch, husband, who accepted as "Adult Person in Charge" for Allison Reisch at 16 Hunter Lane, East Pennsboro, Camp Hill, PA 170 1. _g/ F K LODZI, DEPUTY SHERIFF COST: $70.95 SO ANSWERS, April 07, 2014 RON R ANDERSON, SHERIFF tc? C ountySulte Shed`: Te'eose't. 1.1.,. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO, 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044647 EverBank • PLAINTIFF VS. Bret A. Reisch and Allison R. Reisch DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:14-1794 Civil PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $114,628.58 in favor of the Plaintiff and against the Defendants, jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of Mortgage Debt Due and Unpaid Interest Accrued Late Charges Escrow Advances Property Inspection Attorney Fees & Costs of Foreclosure TOTAL BY: $107,332.73 $2,608.04 $546.01 $1,266.59 $404.96 $2,470.25 $114,628.58 Ekti AND NOW, judgment is entered in favor o damages are assessed as above in the sum ofi$114; 13-044647 ESQUIRR Attorney for Plaintiff aintiff and a inst De n s and s, I RJ oJu 6,,s6 dii Ala SIHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044647 EverBank COURT OF COMMON PLEAS 301 West Bay Street CUMBERLAND COUNTY Jacksonville, FL 32202 PLAINTIFF 14-1794 Civil VS. Bret A. Reisch and Allison R. Reisch DEFENDANT(S) STATE OF: Pennsylvania COUNTY OF: Montgomery AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon information contained in the records of the Plaintiff or servicing agent of the Plaintiff and that the above captioned Defendants last known address is as set forth in the caption and they are not to the best of our knowledge, information or belief, in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. Date: 61/014 Sworn to and subscribed t--' before me this I Co day , 2014. BY: SHAPIRO & DeNARDO, LLC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer M. Sharkey, Notary Public Upper Merion Twp., Montgomery County My Commission Expires Oct. 19, 2014 Member. Pennsylvania Association of Notaries re Depaivtment of Defense Manpower Data Center Results as of : Jun -16-2014 05:28:13 AM Status Report Pursuant to Servicemembers Civil Relief Act Last Name: REISCH First Name: BRET Middle Name: A. Active Duty Status As Of: Jun -16-2014 SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA{ • ' 1' . fir.. t . • • '—`: ,_ No' - ` NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA - NA —. 6 r`. ;' No t NA This response reflects &trere the Individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA . . e _No . NA This response reflects whether the Individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOM, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. Tike Dc 0 strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as ,r the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available, In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 1AEFY929N038J10 Depairtment of Defense Manpower Data Center Results as of : Jun -16-2014 05:28:12 AM SCRA 3.0 Status Report Pursuant to Servicemembers Civil l .e%ief Act Last Name: REISCH First Name: ALLISON Middle Name: R. Active Duty Status As Of: Jun -16-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA" :. t No ,'N. NA This response reflects the individuals' active duty status basad on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA +.: -t; t,� �-_ No' _ t' .w t NA This response • reflects where the individual tett active duty status within 367 days preceding the -Active Duty Status Date The Member or Hfs/Her Unit Was Notified of a Futu a Catt.Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA t`NA' �:+. __ _..'' �". Ntl .ir NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed'Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The,D!aD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as c the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPM). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 1A5EU91980387C0 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044647 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 14-1794 Civil Bret A. Reisch and Allison R. Reisch DEFENDANTS CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, June 3, 2014 to the following Defendants: Bret A. Reisch, 16 Hunter Lane, Camp Hill, PA 17011 Allison R. Reisch, 16 Hunter Lane, Camp Hill, PA 17011 Meghan Williams, Legal Assistant to Christopher A. DeNardo, Esquire for Shapiro & DeNardo, LLC SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY ID. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044647 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 14-1794 Civil Bret A. Reisch and Allison R. Reisch DEFENDANTS NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Bret A. Reisch DATE OF NOTICE: June 3, 2014 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIfIC.AcION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diet (10) dias de la fecha de esta notificacion, el tribuna podia, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos irnportantes. Debe Ilevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o sl no tiene dinero suficiente para tal servicio, vaya en persona o flame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT. COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Bret A. Reiseb, 16 Hunter Lane, Camp Hill, PA 17011 Allison R. Reisch, 16 Hunter.Lane, Camp Hill, PA 17011 Date: BY;“„, SHAPIRO & DeNARDO, LLC At orneys for Plaintiff c • --4itt...y.'EsQvra2 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO.311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044647 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 14-1794 Civil Bret A. Reisch and Allison R. Reisch DEFENDANTS NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Allison R. Reisch DATE OF NOTICE: June 3, 2014 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fmd out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia par no 'Ember tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de .esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe ilevar esta notificacion a un abogado immediatamente. ,Si usted no tiene abogado 0 Si no tiene dinero suficiente para tal servicio, vaya en persona o llame pot telefono a la oficina cuya direccion se encuentra escrita, abajo para averiguar donde se puede conseguir assitencia legal: •Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE. A DEBT COLLECTOR ATTEMPTING TO. COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: BretA. Reisch, 16 Hunter Lane, Camp Hill, PA 17011 Allison R. Reisch, 16 Hunter Lane, Camp Hill, PA 17011 Date: BY: SHAPIRO & DeNARDO, LLC tierneys for Plaintiff z_LY, ESQL5 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044647 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY. Bret A. Reisch and Allison R. Reisch DEFENDANTS NO:14-1794 Civil CERTIFICATE OF SERVICE I, Bradley J Osborne, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: Bret A. Reisch, 16 Hunter Lane, Camp Hill, PA 17011 Allison R. Reisch, 16 Hunter Lane, Camp Hill, PA 17011 Date Mailed: Date: BY: SHAPIRO & DeNARDO, LLC SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044647 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Bret A. Reisch and Allison R. Reisch DEFENDANTS NO:14-1794 Civil CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: EverBank 301 West Bay Street Jacksonville, FL 32202 and that the last known addresses of the judgment debtors (Defendants) are: Bret A. Reisch 16 Hunter Lane Camp Hill, PA 17011 Allison R. Reisch 16 Hunter Lane Camp Hill, PA 17011 Date: 13-044647 BY: SHA IRO & DeNARDO, LLC rneys for Plaintiff 11. OSBORNE, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 David D. Buell Prothonotary TO: Bret A. Reisch 16 Hunter Lane Camp Hill, PA 17011 EverBank PLAINTIFF VS. Bret A. Reisch and Allison R. Reisch DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY CASE NO. 14-1794 Civil NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. David D. Buell Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [] Judgment on Verdict [1 Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY BRADLEY J OSBORNE AT (610)278-6800. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 David D. Buell Prothonotary TO: Allison R. Reisch 16 Hunter Lane Camp Hill, PA 17011 EverBank PLAINTIFF VS. Bret A. Reisch and Allison R. Reisch DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY .CASE NO. 14-1794 Civil NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified -that a Judgment has been entered against you in the above proceeding as indicated below. David D. Buell Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY BRADLEY J OSBORNE AT (610)278-6800. 9111.1.• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: EverBank PLAINTIFF vs. Bret A. Reisch and Allison R. Reisch DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: () Confessed Judgment ()Other File No. 1-17 CO � `7 Amount Due $114,628.58 Interest June 14, 2014 to December 3, 2014 is $1,154.60 Atty's Comm Costs dy a 4-. The undersigned hereby certifies that the below does not arise out of a retail installment safe,~confract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: 6-1(0-H Signature: ARM Print Name: ! , e J Osborne Address: Horizon Drive, Suite 150 ing of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 312169 (oved ALL THAT CERTAIN tract or parcel of ground situate in the Borough of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described according to survey of W. B. Whittock, Registered Professional Engineer, dated April 20, 1956 as follows: BEGINNING at a point on the East side of Hunter Lane 325 feet South of the intersection of Hunter Lane and Brentwood Road, also at the dividing line between Lots Nos. 35 and 36 on the hereinafter mentioned Plan of Lots; thence North 61 degrees 15 minutes East along the same, 125 feet to a point at line of lands now or late of Charles A. Holmes; thence South 28 degrees 45 minutes East along the same, 75 feet to a point at the dividing line between Lots Nos. 34 and 35 on said Plan; thence South 61 degrees 15 minutes West along the same, 125 feet to a point on the East side of Hunter Lane; thence North along the same 75 feet to a point, the place of BEGINNING. BEING Lot No. 35, Block "H" on Plan known as Long Meadows Plan No. 1 recorded in Cumberland County in Plan Book 6, Page 23. HAVING thereon erected a one and one-half story frame dwelling house known and numbered as 16 Hunter Lane. PARCEL No. 09-19-1590-113 BEING the same premises which Ki Joyce Ensminger, single person, by Deed dated September 22, 1999 and recorded September 24, 1999 in the Cumberland County Recorder of Deeds Office in Deed Book 208, page 257, granted and conveyed unto Bret A. Reisch and Allison R. Reisch, husband and wife. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044647 EverBank PLAINTIFF VS. Bret A. Reisch and Allison R. Reisch DEFENDANTS 4.l ERL F , YL vA COU'r�� X111 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY CASE NO. 14-1794 Civil AFFIDAVIT PURSUANT TO RULE 3129.1 EverBank, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 16 Hunter Lane, Camp Hill, PA 17011. 1. Name and address of Owner(s) or Reputed Owner(s) Bret A. Reisch 16 Hunter Lane Camp Hill, PA 17011 Allison R. Reisch 16 Hunter Lane Camp Hill, PA 17011 2. Name and address of Defendants in the judgment: Bret A. Reisch 16 Hunter Lane Camp Hill, PA 17011 Allison R. Reisch 16 Hunter Lane Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: EverBank 301 West Bay Street Jacksonville, FL 32202 4. Name and address of the last recorded holder of every mortgage of record: EverBank 301 West Bay Street Jacksonville, FL 32202 Belco Community Credit Union 403 North 2nd Street Harrisburg, PA 17101 5. Name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 16 Hunter Lane Camp Hill, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BY: 13-044647 SHAPIRO & DeNARDO, LLC SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044647 EverBank PLAINTIFF VS. CUMBERLAND COUNTY Bret A. Reisch and Allison R. Reisch c ) DEFENDANTS NO: 14-1794 Civil nus COURT OF COMMON PLE X- CIVIL DIVISION NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Bret A. Reisch 16 Hunter Lane Camp Hill, PA 17011 Your house (real estate) at: 16 Hunter Lane, Camp Hill, PA 17011 09-19-1590-113 is scheduled to be sold at Sheriffs Sale on December 3, 2014 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:OOAM to enforce the court judgment of $114,628.58 obtained by EverBank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to EverBank the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 13-044647 ALL THAT CERTAIN tract or parcel of ground situate in the Borough of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described according to survey of W. B. Whittock, Registered Professional Engineer, dated April 20, 1956 as follows: BEGINNING at a point on the East side of Hunter Lane 325 feet South of the intersection of Hunter Lane and Brentwood Road, also at the dividing line between Lots Nos. 35 and 36 on the hereinafter mentioned Plan of Lots; thence North 61 degrees 15 minutes East along the same, 125 feet to a point at line of lands now or late of Charles A. Holmes; thence South 28 degrees 45 minutes East along the same, 75 feet to a point at the dividing line between Lots Nos. 34 and 35 on said Plan; thence South 61 degrees 15 minutes West along the same, 125 feet to a point on the East side of Hunter Lane; thence North along the same 75 feet to a point, the place of BEGINNING. BEING Lot No. 35, Block "H" on Plan known as Long Meadows Plan No. 1 recorded in Cumberland County in Plan Book 6, Page 23. HAVING thereon erected a one and one-half story frame dwelling house known and numbered as 16 Hunter Lane. PARCEL No. 09-19-1590-113 BEING the same premises which Ki Joyce Ensminger, single person, by Deed dated September 22, 1999 and recorded September 24, 1999 in the Cumberland County Recorder of Deeds Office in Deed Book 208, page 257, granted and conveyed unto Bret A. Reisch and Allison R. Reisch, husband and wife. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044647 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Bret A. Reisch and Allison R. Reisch DEFENDANTS NO: 14-1794 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Allison R. Reisch 16 Hunter Lane Camp Hill, PA 17011 Your house (real estate) at: 16 Hunter Lane, Camp Hill, PA 17011 09-19-1590-113 is scheduled to be sold at Sheriffs Sale on December 3, 2014 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:OOAM to enforce the court judgment of $114,628.58 obtained by EverBank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to EverBank the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. r-7 c.7 r rl — ;.3 cr,r r") 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 13-044647 ALL THAT CERTAIN tract or parcel of ground situate in the Borough of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described according to survey of W. B. Whittock, Registered Professional Engineer, dated April 20, 1956 as follows: BEGINNING at a point on the East side of Hunter Lane 325 feet South of the intersection of Hunter Lane and Brentwood Road, also at the dividing line between Lots Nos. 35 and 36 on the hereinafter mentioned Plan of Lots; thence North 61 degrees 15 minutes East along the same, 125 feet to a point at line of lands now or late of Charles A. Holmes; thence South 28 degrees 45 minutes East along the same, 75 feet to a point at the dividing line between Lots Nos. 34 and 35 on said Plan; thence South 61 degrees 15 minutes West along the same, 125 feet to a point on the East side of Hunter Lane; thence North along the same 75 feet to a point, the place of BEGINNING. BEING Lot No. 35, Block "H" on Plan known as Long Meadows Plan No. 1 recorded in Cumberland County in Plan Book 6, Page 23. HAVING thereon erected a one and one-half story frame dwelling house known and numbered as 16 Hunter Lane. PARCEL No. 09-19-1590-113 BEING the same premises which Ki Joyce Ensminger, single person, by Deed dated September 22, 1999 and recorded September 24, 1999 in the Cumberland County Recorder of Deeds Office in Deed Book 208, page 257, granted and conveyed unto Bret A. Reisch and Allison R. Reisch, husband and wife. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net EVERBANK Vs. NO 14-1794 Civil Term CIVIL ACTION — LAW BRET A. REISCH AND ALLISON R. REISCH WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $114,628.58 L.L.: $.50 Interest JUNE 14, 2014 TO DECEMBER 3, 2014 IS $1,154.60 Atty's Comm: Atty Paid: $219.70 Plaintiff Paid: Date: 6/17/14 (Seal) REQUESTING PARTY: Name: BRADLEY J. OSBORNE, ESQUIRE Address: SHAPIRO & DENARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 312169 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy r SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044647 EverBank PLAINTIFF VS. Bret A. Reisch and Allison R. Reisch DEFENDANTS t y., F ;L D .CF F ICE PROTHONOTARY 2014 SEP -2 PH 2: 54 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY CASE NO. 14-1794 Civil AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 EverBank, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 16 Hunter Lane, Camp Hill, PA 17011. 1. Name and address of Owner(s) or Reputed Owner(s) Bret A. Reisch 16 Hunter Lane Camp Hill, PA 17011 Allison R. Reisch 16 Hunter Lane Camp Hill, PA 17011 2. Name and address of Defendants in the judgment: Bret A. Reisch 16 Hunter Lane Camp Hill, PA 17011 Allison R. Reisch 16 Hunter Lane Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: EverBank 301 West Bay Street Jacksonville, FL 32202 4. Name and address of the last recorded holder of every mortgage of record: EverBank 301 West Bay Street Jacksonville, FL 32202 Belco Community Credit Union 403 North 2nd Street Harrisburg, PA 17101 Belco Community Credit Union 449 Eisenhower Blvd. Harrisburg, PA 17111 5. Name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 16 Hunter Lane Camp Hill, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BY: 13-044647 SHAPIRO & DeNARDO, LLC SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 LEEANE O. HUGGINS, ATTORNEY I.D. NO. 85144 SARAH K. McCAFFERY, ATTORNEY I.D. NO. 311728 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044647 EverBank PLAINTIFF VS. Bret A. Reisch and Allison R. Reisch DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:14-1794 Civil CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Meghan Williams, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, EverBank, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on October 8, 2014, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Date: 13-044647 By: SHAPIR• & DENARDO, LLC Meghan illiams Legal Assistant U.S. POSTAGE >> PITNEY BOWES „ AWM•VIN. Name and Address of Sender Shapiro & DeNardo, LLC 3600 Horizon Drive Suite 150 King of Prussia, PA 19406 Check type of mail or service: 0 Certified 0 Recorded Delivery (International) 0 COD 0 Registered CI Delivery Confirmatioh D Return Receipt for Merchandise 0 Express Mail 0 Signature Confirmation 0 Insured Or r — 10.. AffixAimiminri. Stamp Here I. - 144,- zawmmi inir issued , , Li:;.•,:;.• • •• ..........imp, Of as a certificate of mailing, . . 4 ZIP 19406 $ 001.88' or for additional ,--.`r • 02 1VY copies of this bill) ' :-.1.:1 • ::' - 0001387362 OCT 08 2014 Postmark and Date of Receipt . Article Number Addressee (Name, Street, City State, & ZIP Code) Postage Fee Handling Charge Actual Value if Registered Insured Value Due Sender if COD DC Fee SC • Fee SH Fee RD Fee RR Fee 1. 13-044647 MW Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Belco Community Credit Union ,403 North 2nd Street Harrisburg, PA 17101 Tenant or Occupant 16 Hunter Lane Camp Hill, PA 17011 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 2. 3. Pik 4. 0) wit / /..... C.) \ CZ) 0 NclY Cr) 0) I t-.... . •• tv c..) i 5. - -------- tion II a ,. 6. dirmationl 0 , a 7. very Cor ,ignaturl 8. a) C: Total Number of Pieces Listed by Sender 4 Total Number of Pieces Receive Post Office Postma ter, eiving employee) See Privacy Act Statement on Reverse PS Form 3877, February 2002 (Page 1 of 1) Complete by Typewriter, Ink or Ball Point Pen Name and Address of Sender Shapiro & DeNardo, LLC 3600 Horizon Drive Suite 150 King of Prussia, PA 19406 Check type of mail or service: ❑ Certified ❑ C00 ❑ Delivery Confirmation ❑ Express Mail ❑ Insured ❑ Recorded Delivery (International) ❑ Registered ❑ Return Receipt for Merchandise ❑ Signature Confirmation Affix Stamp Here (If issued as a certificate of mailing, or for additional copies of this bill) Postmark and Date of Receipt Article Number Addressee (Name, Street, City State, & ZIP Code) Postage Fee Handling Charge Actual VE Registe 13-044647 MW 2. 3. 4. 5. 6. 7. 8. Belco Community Credit Union 449 Eisenhower Blvd. Harrisburg, PA 17111 U.S. POSTAGE» PITNEY BOWES "r ZIP 194066 $ 001,300 02 1Y1 0001387362 0CT 08.2 014, w RR ...vv Fee Fee Fee Fee Fee $ •Q. v Pq rn h' 0 Special H4ndlmg Restsicte& eli O U • Total Number of Pieces Listed by Sender 1 Total Number of Pieces Received at Bost Office Postmaster, Per (Nameof ng employee) See Privacy Act Statement on Reverse PS Form 3877, February 2002 (Page 1 of 1) Complete by Typewriter, Ink or Ball Point Pen