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HomeMy WebLinkAbout14-3604 Suprine Co r �of�Pennsylvania ti COUP Ctimmo Pleas For Prothonotary Use Only: � C' 11 CbV, eet Docket No: Si v` _ CL LAND y" County iem 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 laws or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons Petition _I Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Pentagon Federal Credit Union John O'Neill and Joan O'Neill T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? X' Yes 0 No O (check one) Eloutside arbitration limits N Is this a Class Action Suit? El Yes 0 No Is this an MDJAppeal? C3 Yes El No A, Name of Plaintiff/Appellant's Attorney: Brett A. Solomon, Esquire 0 Check here if you have no attorney(are a Self-Represented J.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 include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection:Other 0 Board of Elections 0 Nuisance 0 Dept.of Transportation S 0 Premises Liability 0 Statutory Appeal:Other 0 Product Liability (does not include E mass tort) 0 Employment Dispute: 0 Slander/Libel/Defamation Discrimination C 0 Other: 0 Employment Dispute: Other 0 Zoning Board T 0 Other: 1 I 0 Other: Q MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Other: 0 Ejectment 0 Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations x Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical Other: _! Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENTAGON FEDERAL CREDIT UNION, CIVIL DIVISION Plaintiff, No. 14 -?zbq 0-,,1 ( Ie m vs. CIVIL ACTION-COMPLAINT IN JOHN O'NEILL A/K/A MORTGAGE FORECLOSURE JOHN B. O'NEILL,JR. AND JOAN O'NEILL, Defendants. Filed on behalf of Pentagon Federal Credit Union, Plaintiff Counsel of Record for this Party: Brett A. Solomon,Esquire 0 w C— -: Pa.I.D.No. 83746 - TUCKER ARENSBERG,P.C. ter— Firm#287 1500 One PPG Place Pittsburgh,Pennsylvania 15222 M CD :- (412)566-1212 " ril I hereby verify that the property to be foreclosed upon is: 263 S.Pitt Street Carlisle, Pennsylvani 17013 Parcel No. 04-21- -424 ®rett . Solomon,Esquire Attorney for Plaintiff A BANK FIN:479224-1 999999-999999 r ' M FORM 1 �• PENTAGON FEDERAL CREDIT UNION IN THE COURT of COMMON PLEAS of =' CUMBERLAND COUNTY, PENNSYLVANIA p ­0 -- Plaintiff(s) C C__ VS. , JOHN O'NEILL A/K/A JOHN B, O'NEILL AND JOAN O'NEILL /' Defend4 ant(s) © � - a Civil orm 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 the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and file a 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. Respe su June 10, 2014 - Date Signature of Counsel for Plaintiff 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: CUSTOMERIPRIMARY APPLICATION Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑ No❑ Listing date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied: Yes❑ No❑ Mailing Address(if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? CO BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes and 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#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles,boats,motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional'Income Description(not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses:(Please only include expenses you are currently payins) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med.(not covered) Auto fuel/repairs Other Prop.Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and 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: 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? Please provide the following information, if know, regarding your lender or lender's loan servicing company: ' Lender's Contact (Name): Phone: Servicing Company(Name): Contact: Phone: AUTHORIZATION authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. [/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature' Date Borrower Signature' Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement(if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. 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 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 I FORM 4 Pentagon Federal Credit Union IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. John O'Neill a/k/a John B. O'Neill and Joan O'Neill o Defendants) 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 i Court of the defendant/borrower's failure to serve the completed Form 2 with the time 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 time; 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; I 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PENTAGON FEDERAL CREDIT UNION, CIVIL DIVISION Plaintiff, No. VS. JOHN O'NEILL A/K/A JOHN B. O'NEILL, JR.AND JOAN O'NEILL, Defendants. IMPORTANT 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (;717)-249-3166 -800-990-9108 BANK FIN:479224-1999999-999999 AVISO Le han de mandado a usted en la corte. Si usted quiere defenderse de estas demandas expeustas en las paginas siguientes,usted tiene viente(20)dias de pla/o al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregara la corte enroma ascrita sus defenses o sus objecones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidasy puede continuar la demanda en contra suy a sin previo aviso a notificacion. Ademas, ]a corte puede decider a favor del demande\ante y require que usted cumpla con todas las provisiones de esta demanda. Usted puede erder dinero o sus propiedades o ostro derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIALAMENTE. SI NO TIENE ABAGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENIRA ESRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 I i BANK FJN:479224-1 999999-999999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENTAGON FEDERAL CREDIT UNION, CIVIL DIVISION Plaintiff, No. l q - ,5(004 i V l-Terl'� VS. Cz 7 JOHN O'NEILL A/K/A M C= nz JOHN B. O'NEILL, JR. AND cc„T- - JOAN O'NEILL, r— < y> 0 s —; Defendants. C-) - - COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COMES Pentagon Federal Credit Union,by and through its counsel,Tucker Arensberg,P.C., and files the within Complaint in Mortgage Foreclosure, in support of which it avers the following: 1. Plaintiff,Pentagon Federal Credit Union("Pentagon")is a federal credit union with a principal place of business at 1001 North Fairfax Street,Alexandria,Virginia 22314. 2. Defendant,John O'Neill a/k/a John B. O'Neill,Jr.,is an adult individual whose last known address is 263 S.Pitt Street, Carlisle,Pennsylvania 17013. 3. Defendant,Joan O'Neill, is an adult individual whose last known address is 467 Thompson Street, Strasburg,Virginia 22657. 4. On or about May 27,2005,John B. O'Neill and Joan M. O'Neill("Defendants"), executed a Note("Note")whereby Defendants promised to pay Pentagon the principal amount of $125,000.00 plus interest and other amounts as more particularly set forth in the Note. A true and correct copy of the Note is attached hereto as Exhibit"A" and;Incorporated herein. 5. The obligations evidenced by the Note are secured by a Mortgage dated May 27,2005 ("Mortgage")given by Defendants to Pentagon, encur�abering real property located in the Borough of Carlisle, County of Cumberland,Pennsylvania, as more particularly described therein("Premises"). The Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County on June 1, 2005 at Book 1909,Page 0399. 'A copy of the Mortgage is att=ached hereto as Exhibit"B" and incorporated herein. 4103.75 P1)ATT''/ 3'7(oB�a BANK FIN:479224-1 999999-999999 OF -3073-8 6., The Defendants are in default of the provisions of the Note and Mortgage for failure to make payment when due. The Note is due for November 2013. 7. The Defendants are the record and real owners of the Premises. 8. There has been no assignment,release or transfer of the Note or Mortgage. 9. On or about May 7, 2014,Notice of the Plaintiff's intent to foreclose was sent to the Defendants. Copies of the Notices sent to the Defendants are attached here to and incorporated herein as Exhibit "C". 10. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on November 1, 2013 and all subsequent installments therein,and, as of April 30, 2014,the following amounts are due on the Mortgage: Principal $108,864.10 Interest through April 30, 2014 (accruing thereafter at 3,828.39 $18.14 per diem).............................................................. Late Fees 224.82 Minus: Escrow Balance 112.43 Attorneys'Fees(5%of principal balance) 5,443.21 TOTAL $118,248.09 "Together with interest at the per diem rate noted above after April 30, 2014 and other charges and costs to date of Sheriffs Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale,reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 11. The total amount due to Pentagon under the Note and Mortgage as of April 30, 2014 was One Hundred Eighteen Thousand Two Hundred Forty-Eight and 09/100 Dollars ($118,248.09), plus costs and attorneys'fees. i i i i i BANK FIN:479224-1999999-999999 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of One Hundred Eighteen Thousand Two Hundred Forty-Eight and 09/100 Dollars($118,248.09), plus interest at the contract rate, late charges,reasonable attorneys'fees as authorized by the Note and costs of foreclosure and sale of the Mortgaged Premises. TUCKER ARENSBERG, By: Brett A. Solomon,Esquire Pa I.D.No. 83746 1500 One PPG Place Pittsburgh,Pennsylvania 15222 (412) 566-1212 Attorneys for Pentagon Federal Credit Union, Plaintiff I li I t i BANK FINA792N-1 999999-999999 I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PENTAGON FEDERAL CREDIT UNION, CIVIL DIVISION Plaintiff, No. VS. JOHN O'NEILL A/K/A JOHN B. O'NEILL,JR. AND JOAN O'NEILL, Defendants. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF VIRGINIA ) SS: CITY OF ALEXANDRIA ) I,John Dorn,Vice President for Pentagon Federal Credit Union,being duly sworn according to law, hereby depose and'say that the Defendants,John O'Neill a/k/a John B. O'Neill,Jr. and Joan O'Neill, are not members of the military service of the United States of America to the best of my knowledge, ur�o�y information, and belie£�����a BR qNQ eee Q. :p��f4E,q�j,•p ori Z 4z '4t4 A 3312S N•; �: �0 Q *.L? qqM�`��Es m *.L?., r 50T°,5 e, U @ VJo Dorn President o q G� vee voo �•• �F V\�.. � ee °ao NOTARY 0ao``� Sworn to and subscribe � �m�e � this d y of �. ,2014 Notary Public r My Commission Expires i I i i i I BANK FIN:479224-1 999999-999999 i NOTE May 27, 2005 Mechanicsburg Pennsylvania (Date) (City] (state] 263 S. Pitt Street, Carlisle PA 17013 f I''roperty Addressl 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received,I promise to pay U.S.$ 125,000.00 (this amount is called"Principal"), plus interest,to the order of the Lender. The Lender is Pentagon Federal C. U. I will make all payments under this Note in the form of cash,check or money order. l 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 on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.000 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section b(B) of this Nate. 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 1st day of each month beginning on July 1, 2005 I will make these payments every.month until I have paid all of die 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. If,on June 1, 2035 ,I still owe amounts under this Note,I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at PO Box 19927, Alexandria, VA 22320 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My n}onthly payment will be in the amount of U.S.$ 749.44 4, BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment."When I make a Prepayment, I will tell the Note Holder in writing that I am doing so.I may not designate a payment as a Prepayment if I.have not.made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that],owe under this Note.However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note.If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. noc #:316691 . APPL #:0503180533 LOAN 4:0002051851 MULTISTATE FIXED RATE NOTE-Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (=-W5N (0200 UM50 0207 01 Form 3200 1101 VMP MORTGAGE.FORMS.(600)527-7281 Page t of 3 tmhafs EXHIBIT 5. ,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 sutras already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this .refund by reducing the Principal I owe under this Note or by making a direct payment to me,If a refund reduces Principal,the reduction will be treated as a partial Prepayment. ti, BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charge for Overdue Payments If the Note Halder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due,I will pay a late charge to the Note Holder. The amount of the charge will be 5.000%of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due,I will be in default. (C)Notice of Default i If I am in default, the Note Halder may send me a written notice telling rale 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 if,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 arra 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 attorneys' fees. 7. 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. 8. 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. 9. 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. DDC rc:316692 APPL #:0503180533 LOAN #:0002051851 Form320 1 4=-5N (0207) Page 2 Of'3 Initials / Y-*-N�, 10, 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 1 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 1 owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or.any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require inunediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sunk secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE'HAND(S).AND SEAL(S)OF THE UNDERSIGNED. {Seal) — \ C��J� ,� (Seal) J n B O'Neill -Borrower Joan M O'Neill -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] D�/O�C;�,#:316693 APPL 4';0503180533 LOAN #:0002051851 (fAAi/-5N (0207) page 3 of 3 Form 32001/01 � a '665 JUN 8 23 Prepared By: Jamie Foote Mortgage Services 13220 Fort Street Omaha, NE 68164 800-970-7766 Return To: Pentagon Federal C. U.. Box 1432 Alexandria VA 22313 Parcel Number: 04-21-0320-424 [Space,Above This Line For Recording Data) MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18,'20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated May 27, 2005 together with all Riders to this document. (B) "Borrower" is John B O'Neill, Joan M O'Neill Borrower is the!mortgagor under this Security Instrument. (C) "bender" is Pentagon Federal C. U. Lender is a Corporation DOC „:317871 APDL #.-0503180533 LOAN #,.0002051851 PENNSYLVANIA -Single Family Fannie MaefFreddle Mac UNIFORM INSTRUMENT Form 3039 1101 (Z-6(PA) (0407) (D Page 1 of 16 In;t1a18 U1450 0407 0 VMP Mortgage Solomns.Inc (800)521,4yr� EXHIBIT BK I 909PGO399 • 1 i 1 organized and existing under the laws of. The United States of America Lender's address is Sox 1432, Alexandria, 'VA 22313 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated May 27, 2005 The.Note states that Borrower owes.Lender one Hundred Twenty Five Thousand and No/100 Dollars (us.$ 125,000.00 )plus interest_ Borrower has promised to pay this debt in regular Periodic Payments and to.pay the debt in full.not later than June 1, 2035 (E) "Property'" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note,plus interest, any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest. (G) "Riders" means all Riders to this Security Instrument that are.executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable): 0 Adjustable Rate Rider Q Condominium.Rider F�Second Home Rider ? [J Balloon Rider 71 Planned Unit Development.Rider p F-1 1-4 Family Rider ED VA Rider ED Biweekly Payment Rider Q Other(s) [specify) (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the .Property by a condominium association., homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds,other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, paint-of-sale transfers, automated teller machine transactions,transfers initiated by telephone, wire transfers,and automated clearinghouse transfers. (K) "Escrow :'Items" means those items that are described in Section 3. (L) ".Miscellaneous Proceeds" means any compensation, settlement, award of damages,or proceeds paid by any third party (©thea than insurance proceeds paid under the coverages described in Section 5) for: (i) 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. (M) "Mortgage insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note,plus (ii)any amounts under Section 3 of this Security instrument. DOC #:317872 APPL #;0503180533LOAN #:0002051851 Imhais =-6(F'A) (0407) Page 2 of 16 Form 3035 1101 1 BKI905PS0400 (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C.Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R,Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter.As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor to Interest of Borrower" means any party that has taken tide to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security.Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals,extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to "Lender the following described property located in the Country (Type of Recording Jurisdiction) of Cumberland [Name of Recording Jurisdiction]. "The le al description attached hereto is part of the. Mortgage" which currently has the address of 263 S. Pitt Street [Street] Carlisle [City],Pennsylvania 17013 [Zip Code] ("Property Address'): TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." DOC #:317873 APPL # 0503180533 LOAN 4:0002051851 lnttsis 40-6(PA) (0407). Page 3al16 Form 3039 1/01 BK 1909PGO '401 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered., except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property- UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and tate charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be.tirade in one or more of€he following fomis, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank.check, treasurer's check or cashier's check, provided any such check .is drawn upon an institution whose deposits are insured by a federal agency, instrumentality,or entity; or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender 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 unapplied 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 Borxower might have now or in the future against Lender sliall .relieve Borrower from making payments due under the Note and this Security Instrument or performing:the covenants and agreements secured by this Security Instrument. 2.Application of Payments or Proceeds. Except as otherwise described in this Section 2,all payments accepted and applied by 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 became due.Any remaining amounts shall be applied first to late charges,second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent. Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to die repayment of the Periodic Payments if,and to the extent that,each payment can be paid in Doc #:3!7874 ADPL #:0503180533 LOAN 1:0002051851 IniOals 4=-6(PA) (0407) page 4 of 16 Form 3039 1101 8KI909PGO402 full. To the extent that any excess exists after the payment is applied to the :full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds,or 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 Escrow Items.Borrower shall pay to Lender on the day Periodic Payments are due under the Note,until the Note is paid in full,a sum (the "Funds")to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property, (b) leasehold payments or.ground rents on the Property,if any;(c) premiums for any and all insurance required by Lender under Section 5; and(d) Mortgage Insurance premiums,if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. 'These items are called"Escrow Items."At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and. I .Assessments, if any,be escrowed by Borrower, and such dues,fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all noticesof amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any titre. Any such waiver may only be in writing. In the event of such waiver,Borrower shall pay directly,when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,shall furnish to Lender receipts evidencing such i payment within such time period as Lender may require. Borrower's obligation to make such payments and I to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay :Escrow Items directly,pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item., Lender may exercise its .rights under Section.4 and pay..such.amount and Borrower shall then be obligated under Section 9 to repay to.Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with 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. Lender may, at any time,collect and hold Funds in an amount (a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow.Items or otherwise in accordance with Applicable Law, 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 Funds to pay the Escrow 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 Tender 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 shall be paid on the DOC 4:317875 APPL ,",:0503180533 LOAN #:0002051851 Intt�als -6(PA) 40407) Page s of IS t Form 3039 1101 BKI900PG0403 i Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds .held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held.in escrow,as defined under RESPA, Lender shall.notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under.RESPA, Lender shall notify Borrower as.required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property,if any,and Community .Association Dues,Fees,and Assessments,if any. To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which. has priority over this Security Instrument unless . Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,but only so long as Borrower is performing such agreement; (b)contests the lien in good faith by,or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Leander subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S.Property Insurance.Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term "extended coverage,"and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires.What Lender requires,pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time rernappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone detenn.ination resulting from an objection by Borrower. DOC 9:317875 APPL 4:0503180533 LOAN ":0002051851 Inshats -6(PA) (0407) Page 6 of 16 Form 3039 1/01 1 � 909PG0404 If Borrower fails to maintain any of the coverages described above, Lender /may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore,such coverage shall cover Lender,but might or might not protect Borrower,Borrower's equity in the Property,or the contents of the Property,against any risk,hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest,upon notice from bender to Borrower requesting payment. All insurance.policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall. include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall.have the right to hold the policies and renewal. certificates. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,for darnage to,or destruction of, the Property, such policy shall include a standard mortgage clause and shall name'Lender as:mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the insurance carrier and bender.Lender may make proof of loss if not made promptly by Borrower. Unless lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shalt have the right to hold such insurance'proceeds until.Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shalt not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters,or other third parties,retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess,,if any, paid to Borrower. Such insurance proceeds shall be applied.in the order provided for in Section.2. If.Borrower abandons the Property,Lender may file,negotiate and settle any available insurance claim and related matters.If Borrower does not respond within 30 days to a notice from.Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,.and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. DOC 0:317877 ADPL ,+'.:0503180533 LOAN $20007051851 Inhals 70-6(PA) (0407) Page t of is FDrM 3039 1161 SK1909 . b.Occupancy. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, whicb consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate or commit waste on the Property. f Whether or not Borrower is.residing in the Property,Borrower shall maintain the Property in order to prevent. ' the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property.if damaged to avoid further deterioration or damage. If insurance or.condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds.for such.purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or 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.Borrower's Loan Application. Borrower shall be in default if,during the Loan application process, .Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include,but are not limited to,representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's .Interest in the Property and .Rights Under this Security Instrument. If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument, (Is) there is a legal proceeding that.might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then .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.Lender's actions can.include,but are not limited to: (a)paying any sums secured by a.lien which has priority over this Security Instrument; (b)appearing in court;and (c)paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument,including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section:9. DOC #:317878 APDL #:0503180533 LOAN #:0002051851 tmnals <M-6(PA) (0407) Page 8 of 16 Form 3039 1/01 9 BK 1909PGO406 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee tide shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from.the mortgage insurer that previously provided such insurance and .Borrower was required to retake separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect,at a cost substantially equivalent to the cost 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 interest 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 Lender requires)provided by an insurer selected by Lender again becomes available,is obtained,and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to snake separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the prenuums required to maintain Mortgage Insurance in effect,or to provide a non-refundable loss reserve,until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by .Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed.Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk,or reduce losses.These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage insurance premiums). As a result of these agreements, Lender,any purchaser of the Note,another insurer,any reinsurer,any other entity,or any affiliate of any of the foregoing, may receive(directly or indirectly) amounts that derive from (or might be characterized as)a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk,or reducing losses. If such agreement provides that an i affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the II insurer, the arrangement is often termed "captive reinsurance."Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. DOC #:317879 ADPL #:0503180533 LOAN #:0002051851 Irnhfk (=-6(PA) {0407} Page sof rs Forrn 3039 1/01 8K 1909PG0407 (b) Any such agreements will not affect the rights Borrower has - if any - µith respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law.These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage .Insurance,to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds.If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess,if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due,with the excess,if any,paid to.Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sutras secured by this Security Instrument immediately before the partial taking, destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a)the total amount of the sums secured immediately before the partial taking,destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction,or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise 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 if,after notice by Lender to Borrower that the Opposing Party(as defined in the.next sentence) offers to make an award to settle a claim for damages,Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment,could result in forfeiture of the Property or other.tnaterial impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and,if acceleration has occurred,reinstate as provided in Section 19,by causing die action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of i DOC ,1:317880 APDL #,:0503180533 LOAN '#:0002051851 ( Imtsats �y 0.6(PA) (0407) Pape 10 of Is Form 3039 1101 BKI909PGO408 Lender's interest in the property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums 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 right or remedy. 13.Joint and Several Viability; Co-signers; Successors and Assigns Bound.Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note(a "co-signer"):(a) is co-signing this Security Instrument only to mortgage,grant and convey the co-signer's interest in the.Property under the terms of this Security Instrument; (b) is not personally obligated to pay the.sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and N approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from; Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in.Section 20)and benefit the successors 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 fees. In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender.lay not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan.is subject to a law which sets maximum loan charges,and that law is finally.interpreted so that the interest or other loan charges collected or to be collected in connection 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. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal., the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the?Vote).Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower night have arising out of such overcharge. DOC ":,317881 ADPL #:0563180533 At LOAN ' x0002051851 ir,;bas -6(PA) (0407) page ti at 16 f=orm 3039 1101 0 , 8K I 909PGO409 15.Notices. All notices given by Borrower or.Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute .notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address.If Lender specifies a procedure for reporting Borrower's change of address,then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time.Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower.Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law,the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law,such conflict shall. not affect other provisions of this Security Instrument or the Note which can be given. effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall /mean and include the plural and vice versa;and (c) the word "may"gives sole discretion without any obligation to take any action. 17.Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property"means any legal or beneficial interest in the Property,including,but not limited to, those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower .notice of acceleration. The notice shall. provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at 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 l:.aw might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all DOC 4:317882 ADPL #:0503180533LOAN ,".:0002051851 Indiels (0•6(PA) (0407) Page 12 of 16 Fotm 3039 1/01 SKI909PG0410 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees,property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Leader's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall. continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,as selected by Lender: (a) cash;(b)money order;(c) certified check,bank check,treasurer's check or { cashier's check,provided any such check is drawn upon an institution whose deposits arc insured by a federal agency, instrumentality or entity; or (d) :Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall retrain fully effective as if no acceleration had occurred. However,this right to reinstate shall not applyin the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer;Notice of Grievance.The Note or a partial interest in the f Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. i A sale might result in a change in the entity (known as the "Loan Servicer")that collects Periodic Payments I due under die Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law.There also might be one or more changes of i the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a .notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security :instrument or that alleges that the other party has breached any provision of,or any duty owed by.reason of, this Security Instrument,until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must.elapse before certain action can be taken,that time period will be deemed to be.reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used .in this Section 21.: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum.products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action,or removal action, as defined in.Environmental Law;and (d) an "Environmental Condition" means a condition that can cause, contribute to,or otherwise trigger an Environmental Cleanup. DOC 4:317883 ADPL 4:0503180533LOAN n'0002051851 InK181s -6(PA) pow) Page 13 of f6 Form 3039 1/01 SK1949PG4411 f t Borrower shall not cause or permit the presence,use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental law, (b) which creates an Environmental Condition, or(c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two I sentences shall not apply to the presence,use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a) any investigation, claim,demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which. Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns,or is notified by any governmental or regulatory authority,or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section IS unless Applicable Law provides otherwise). Lender shall notify .Borrower of,among other things: (a) the default; (b) the action required to cure the default; (c)when the default .must be cured; and (d) that failure to cure the default as specified may result in acceleration of the j sums secured by this Security Instrument, foreclosure by judicial proceeding and sate of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert. in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys'fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence,Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs.Lender may charge Borrower a fee I for releasing this Security Instrument,but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time,exemption from attachment, levy and sale,and homestead exemption. 25.Reinstatement Period.Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase .Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property,this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. DOC 0:317884 APPL #:0503180533 LOAN 4:0002051851 Indicis _ (Z•6(PA) pow) Page fa of 16 � Form 3039 1101 BK 19a9PGO412 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) on -{��tl�l hn B O'Neill -Borrower CJ� i r M-1— 1 (Seal) Joan M O'Neill -Borrower (Seal) (Seat) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower DOC #:317885 APPL #:0503180533 LOAN #:0002051851 (0 6(PA) (0407) gage 15 of 16 Form 8039 1101 DU 1909PG0 �, 13 - s COMMONWEALTH OF PENNSYLVANIA, ' 0 t r LVA— County ss: On this,the 27th day of May, 2005 ,"before me,the undersigned officer,personally appeared John B O'Neill, Joan. M O'Neill known to me(or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he44dthey executed the same for the purposes herein.contained. IN WITNESS WHEREOF,I hereunto set my hand and official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal _r, Valerie S.5tacknick,Notary Public ,;-5-i'd 1;4. HariPdefTwp.,Cumberland County L w rt D r 1jrt ill�ii��, t�1i'r,' W Commission Expires Nov.30.2008 Member,Pennsylvania.Association Of Notaries Title of Officer ` •�r a.'ra.,r �r'!,1 �8 y Certificate of Residence ,, ,, �/ I, � L ��� �'lam` ,do hereby certify that the correct address of the within-named Mortgagee is Box 1432 , Alexandria VA 22313 Witness my hand this 27th day of May, 2005 i Agent of Mortgagee DOC ,",:317886 APPL #!:0503180533 LOAN 4:0002051851 (M-6(PA) t040n Page is of is Form 3039 1101 BK 1909PGO414 Legal Description Continued Borrowers: John B O'Neill Property Address: 263 S. Pitt Street Carlisle, PA 17013 ALL THAT CERTAIN piece or parcel of land and premises situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING 'at a point on the East side of South Pitt Street, said point being 142.6 feet from the center line of Walnut Street measured from said center line of Walnut Street North 0 degrees 45 minutes West; thence by land now or formerly of James R Scott and wife, North 89 degrees 15 minutes East, 175 feet to a point on the West side of a 12 foot alley; thence by the Wes", side of said 12 foot alley, North 0 degrees 45 minutes West, 30 feet to a point; thence by land now or formerly of Charles Wardecker -and wife, South 89 degrees 15 minutes West, 175 feet to a point on the East side of South Pitt Street; thence by the East side of South Pitt Street, South 0 degrees 45 minutes East, 30 feet to a point, the Place of BEGINNING> BEING improved with a two and one-half story frame and brick dwelling house and a tool shed with attached carport known as and numbered 263 South Pitt Street, Carlisle, Pennsylvania. THE above description is taken from a survey prepared by Ernest J Walker, Registerd Surveyor, dated April 15, 1965. BEING THE SAME PREMISES which Stehpen D Hench and Janet L Hench, his wife, by their deed dated June 30, 1972 and recorded June 30, 1972 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book R, Volume 24; page 754 granted and conveyed to Dale E Herr and L. Ann Herr, his wife. And being the same premises which Dale E, Herr and L. Ann Herr, husband and wife, by deed dated May 25th, 2005 and which is intended to be recorded herewith in the Cumberland County Office of the Recorder of Deeds, granted and conveyed unto John B. O'Neill and Joan M. O'Neill, husb4T((reqq -WA &e� Mor�gagors herein.e recorded DOC 4:317887 ADPL 4:0503180533 n C U n f-FAliQD,02051851 U0U11tY PA BK I 909PGO4 15 Recorder of Deeds Date: May 7, 2014 SENT VIA REGULAR& CERTIFIED MAIL John O'Neill Joan O'Neill 263 S. Pitt Street 263 S. Pitt Street Carlisle, PA 17013 Carlisle, PA 17013 Joan O'Neill 467 Thompson Street Strasburg, VA 22657 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 pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) 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,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. LA NOTIFICAUN EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCI6NEXHIBIT BANK_F1N:479780-1022852-164684 1NMEDIATAMENTE 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): John O'Neill and Joan O'Neill PROPERTY ADDRESS: 263 S. Pitt Street, Carlisle, Pennsylvania 17013 LOAN ACCT. NO.: 2051851 ORIGINAL LENDER: Pentagon Federal Credit Union CURRENT LENDER/SERVICER: Pentagon Federal Credit Union 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 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 agency 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 in which the property is located BANK F1N:479780-1 022852-164684 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 A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE 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 EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION 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 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.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT—The MORTGAGE debt held by the above lender on your property located at: 263 S. Pitt Street, Carlisle, Pennsylvania 17013 IS SERIOUSLY IN DEFAULT because: BANK FIN:479780-1 022852-164684 A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: November 2013 through May 2013 in the amount of$7,922.82 Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $7,922.82 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A 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 $7,922.82, 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: Pentagon Federal Credit Union 13220 Fort Street Omaha, NE 68164 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) N/A 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 attorney's 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. 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 BANK_F1N:479780-1 022852-164684 I Sheriffs 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 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 4 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: Pentagon Federal Credit Union Address: 13220 Fort Street, Omaha, NE 68164 Phone Number: (402) 951-2500 ext. 2490 Fax Number: '(402) 951-2378 Contact Person: Matt Huerta E-Mail Address: matt.huerta a,penfed.or 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 Sheriffs 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 or X may not (CHECK ONE) sell or transfer your home ito 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. 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 HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT BANK FIN:479780-1 022852-164684 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 ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. i THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. TUCK R AREN , P. i i By. Brett A. Solomon, Esquire 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 594-3913 Attorneys for Pentagon Federal Credit Union s BANK FIN:479780-1 022852-164684 HEMAP Consumer Credit Counseling Agencies CUMBERLAND COUNTY Community Action Commission of Capital Region CCCS of Western PA 1514 Derry Street 2000 Linglestown Road Harrisburg, PA 17104 Harrisburg, PA 17102 717-232-9757 888-511-2227 Maranatha 43 Philadelphia Avg,enue Waynesboro, PA 1:7268 717-762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 717-780-3940 800-342-2397 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717-334-1518 f - OI 004 W U.S.POSTAL SERVICE CERTIFI(.A7N N • • MAY BE USED •� O_J PROVIDE FOR Brett A.Solomon,Esquire —,---C N Received F, Tucker Arensberg,P.C. 1500 One PPG Place J o '`'�• Pittsburgh, PA 15222 \ One Piece c h'Dues John O'Neill _ j 263 S.Pitt Street _ _0 Carlisle,PA 17013 t 22852-164684 oI o U.S.POSTAL SERVICE CERTIFICATE OF MAILING _ N MAY BE USF PROVIDE F- a.J Receive Brett A.Solomon,Esquire 4O•Iarhq N o Tucker Arcnsbcrg,P.C. 1500 One PPG Place r — Pittsburgh,PA 15222 \ one of=of ordinary men addM od to: V N • Joan O'Neill - n o' i 263 S.Pitt Street o Carlisle,PA 17013 22852-164684 -• _ of U.S.POSTAL SERVICE CERTIFICATE OF MAILING �O N MAY BE U` `-, NN PROVIDE i T— R R B 61 P, as Brett A.Solomon,Esquire � e O N Tucker Arensberg,P.C. Fray G9s o 1500 One PPG Place 1a Pittsburgh,PA 15222 0( 1 One Piece o 1 ' \SPS t5 �O Joan O'Neill 0 c ,' t 467 Thompson Street _ + Strasburg,VA 22657 _ 22582-164684 - — I 2001 I i I f ' I i 1 VERIFICATION I, John Dorn,Vice President,depose and say subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities,that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct upon my information and belief. eicn Dorn e President BANK F1N:479224-1999999-999999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANW, PENTAGON FEDERAL CREDIT UNION, CIVIL DIVISION • Plaintiff, No. 14-3604 Civil Term - c---) -.---c-: o c, VS. "7 --...0 0) ---\ c) JOHN O'NEILL A/K/A ../. JOHN B. O'NEILL, JR. AND JOAN O'NEILL, AFFIDAVIT OF SERVICE Defendants. Filed on behalf of Pentagon Federal Credit Union, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 BANK_FIN:485551 -I 022852-164684 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENTAGON FEDERAL CREDIT UNION, CIVIL DIVISION Plaintiff, No. 14-3604 Civil Term vs. JOHN O'NEILL A/K/A JOHN B. O'NEILL, JR. AND JOAN O'NEILL, Defendants. AFFIDAVIT OF SERVICE I, Brett A. Solomon, Esquire, do hereby verify that a true and correct copy of the Complaint in Mortgage Foreclosure issued at the above number and term was served upon the Defendant, Joan O'Neill at 467 Thompson Street, Strasburg, Virginia 22657 on the 10th day of July, 2014 by Certified Mail, Return Receipt Requested. A copy of the Certified Mailing Receipts (P.S. Form 3800 and 3811) are attached hereto as Exhibit "A" and incorporated herein. Sworn to and subscri ed before me this dI day of July Bre A. Solomon, Esquire Attorney for Pentagon Federal Credit Union Notary Public MONWEALTH OF PENNSYLVANIA Notarial Seal Matthew G. Friedberg, Notary Public City of Pittsburgh, Allegheny county 4 Cifflffligi@fl €ilf3if@s 3une 7, 2015 BANK FIN:485551-1 022852-164684 Q' O ri .em, LTM RECEIPT nsurance Coverage.Provided) For delivery information visit our website at www.usps.coms. 22852-164684 Postage Certified Fee r1J O Retum Receipt Fee CI (Endorsement Required) CI Restricted Delivery Fee (Endorsement Required) m p • Total' mJoan Sent To O'Neill street,, 467 Thompson Street or POE Strasburg, VA 22657 City, Stt PS Form 3:00, August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can retum the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1.. Article Addressed to: _ . Joan O'Neill 467 Thompson Street Strasburg, VA 22657 COMPLETE THIS SECTION ON DELIVERY tint- WIN A. Sign �,,�,� �1 I 0 Agent �� IZR`r\ ©t) 1, i 0 Address( C. Date of Delive D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No B. Received by (Printed Name) rvice Type Certified Maii® 0 Priority Mall Express'" ❑ Registered 0 Retum Receipt for Merchandlt 0 Insured Mail 0 Collect onDelivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from servit:e!abet) 7 013 2630 0002 1106 9706 PS Form 3811. July 2013 Domestic Retum Receipt EXHIBIT SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,- Ronny R Anderson Sheriff .`r THE PRO THONC1 Qt CIIf.i7.n.�•t�1 Jody S Smith 0 Chief Deputy kr t, 7%._ i Richard W Stewart F-'' ° CUMBERLAND COUNTY Solicitor oFF1c OFTHEPENNSYLVANIA Pentagon Federal Credit Union vs. John O'Neill Case Number 2014-3604 SHERIFF'S RETURN OF SERVICE 07/16/2014 09:40 AM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: John O'Neill, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 263 S. Pitt Street, Carlisle Borough, Carlisle, PA 17013. Residence is vacant. SHERIFF COST: $34.78 SO ANSWERS, July 28, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleesoif, Inc. E\1 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENTAGON FEDERAL CREDIT UNION, CIVIL DIVISION Plaintiff, No. 14-3604 vs. JOHN O'NEILL A/K/A JOHN B. O'NEILL, JR. AND JOAN O'NEILL, Defendants. PRAECIPE TO REINSTATE COMPLAINT TO: PROTHONOTARY Please reinstate the complaint in the above -captioned matter. TUCKER ARENSBER BANK FIN:486505-1 022852-164684 Brett A. Solomon, squire Pa I.D. #83746 1500 One PPG Place Pittsburgh, PA 15222 Telephone: (412) 566-1212 2 � � ?)ootL08/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENTAGON FEDERAL CREDIT UNION, CIVIL DIVISION Plaintiff, No. 14-3604 vs. JOHN O'NEILL A/K/A JOHN B. O'NEILL, JR. AND JOAN O'NEILL, PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE Defendants. Filed on behalf of Pentagon Federal Credit Union, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY.)LV,4A.NIA:; m rn '1 Ty Plaintiff, No. 14-3604r< CD c-> Z. D � AFFIDAVIT OF SERVICE PENTAGON FEDERAL CREDIT UNION, CIVIL DIVISION vS. JOHN O'NEILL A/K/A JOHN B. O'NEILL, JR. AND JOAN O'NEILL, N V Defendants. Filed on behalf of Pentagon Federal Credit Union, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 BANK FIN:487894-1 022852-164684 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENTAGON FEDERAL CREDIT UNION, CIVIL DIVISION Plaintiff, No. 14-3604 vs. JOHN O'NEILL A/K/A JOHN B. O'NEILL, JR. AND JOAN O'NEILL, Defendants. AFFIDAVIT OF SERVICE I, Brett A. Solomon, Esquire, do hereby verify that a true and correct copy of the Complaint in Mortgage Foreclosure issued at the above number and term was served upon the Defendant, John O'Neill a/k/a John B. O'Neill, Jr. at 467 Thompson Street, Strasburg, Virginia 22657 on the 12th day of August, 2014 by Certified Mail, Return Receipt Requested. A copy of the Certified Mailing Receipts (P.S. Form 3800 and 3811) are attached hereto as Exhibit "A" and incorporated herein. Sworn to and subscribed before me this P/s day of August, 2014. Notary Public COMMONWEALTH Or PENNSYLVANIA Matthey Notarial "Sal G. Friedberg, Notnry Public City of Pittsburgh, Allegheny County M p( Currirnissien !res nine 7, 2015 MEMBE r -14741.0x2 (Tara liS BANK FIN:487894-1 022852-164684 rett A. olomon, Esquire Attorney for PNC Bank, National Association 22852-164684 RECEIPT ance Coverage Provided) ca O r1 ru O CI m -n rU m r1 N Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Poe Sent To $3.30 l7� -71 GA re. John O'Neill o-set,+a a/k/a John B. O'Neill, Jr. orPOB A 467 Thompson Street G4; Srats Strasburg, VA 22657 PS Form 3 ... e everse ror nstructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 1 Complete items 1, 2, aiid 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the Bard to you. ■ Attach this card to the back of the mailpiece, o on the front if space permits. 1. A icle Addressed to: A. Signature C. Date of Delivery D. Is delivery address different from item 1? D Yes If YES, enter delivery address below. o John O'Neill a/k/a John B. O'Neill, Jr. 467 Thompson Street 1 Strasburg, VA 22657 2. Article Nurnber (transfer fro(n service labbO PS Form 3811, July 2013 3. ervrce Type rtified Mao 0 Priority Mail Express" ❑ Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes :7013, 2630; . 0002; 1085; 3631; Domestic Retum Receipt EXHIBIT FILED-CMCj; Of- i HE PRO THONfirAk 2ItSEp f7 iI!:26 CUMBERLAND COUNT' 1N THE COURT OF COMUdIWPtEM9A CUMBERLAND COUNTY, PENNSYLVANIA PENTAGON FEDERAL CREDIT UNION, CIVIL DIVISION Plaintiff, No. 2014-3604 Civil Term vs. JOHN O'NEILL A/KJA JOHN B. O'NEILL, JR. PRAECIPE FOR DEFAULT JUDGMENT AND JOAN O'NEILL, IN MORTGAGE FORECLOSURE Defendants. BANK_FIN:490071-1 022852-164684 Filed on behalf of Pentagon Federal Credit Union, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. #83746 bsolomon@tuckerlaw.com Michael C. Mazack, Esquire Pa. I.D. #205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENTAGON FEDERAL CREDIT UNION, vs. ) ) Plaintiff, ) ) ) ) JOHN O'NEILL A/K/A JOHN B. O'NEILL, JR.) AND JOAN O'NEILL, ) ) Defendants. ) CIVIL DIVISION No. 2014-3604 Civil Term PRAECIPE FOR DEFAULT JUDGMENT IN MORTGAGE FORECLOSURE TO: Prothonotary Kindly enter Judgment against the Defendants above named in default of an Answer, in the amount of $120,751.41 plus continuing interest at the contract rate together with late charges, costs of suit and attorney fees on the declining balance computed as follows: Amount claimed in Complaint $118,248.09 Interest from 5/1/14 to 9/15/14 @$18.14 per diem 2,503.32 Total $120,751.41 *Includes credit for payments made on account. Interest, late charges, attorney's fees and charges and record costs of this proceeding will continue to accrue from the date of entry of judgment. I hereby certify that the appropriate Notice of Default, as attached has been mailed inaccordance with PA R.C.P. 237.1 on the date indicated on the Notice. rett A olomon, Esquire Attorney for Pentagon Federal Credit Union, Plaintiff Plaintiff: Pentagon Federal Credit Union c/o TUCKER ARENSBERG. P.C., 1500 One PPG Place, Pittsburgh, PA 15222 Defendants: John O'Neill a/k/a John B. O'Neill, Jr., 467 Thompson Street, Strasburg, Virginia 22657 Joan O'Neill, 467 Thompson Street, Strasburg, Virginia 22657 BANK FIN:490071-1 022852-164684 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENTAGON FEDERAL CREDIT UNION, vs. ) ) Plaintiff, ) ) ) ) JOHN O'NEILL A/K/A JOHN B. O'NEILL, JR.) AND JOAN O'NEILL, ) ) Defendants. ) CIVIL DIVISION No. 2014-3 604 Civil Term NOTICE OF JUDGMENT TO: John O'Neill a/k/a John B. O'Neill, Jr. 467 Thompson Street Strasburg, Virginia 22657 You are hereby notified that a Judgment in Mortgage Foreclosure was entered against you on 3 11 , 2014 in the amount of $120,751.41 plus continuing interest at the contract rate together with costs, late charges, and attorneys fees. BANK FIN:490071-1 022852-164684 Prothonotary G-7) 0A, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENTAGON FEDERAL CREDIT UNION, vs. ) ) Plaintiff, ) ) ) ) JOHN O'NEILL A/K/A JOHN B. O'NEILL, JR.) AND JOAN O'NEILL, ) ) Defendants. ) TO: Joan O'Neill 467 Thompson Street Strasburg, Virginia 22657 CIVIL DIVISION No. 2014-3604 Civil Term NOTICE OF JUDGMENT You are hereby notified that a Judgment in Mortgage Foreclosure was entered against you on -l 11 , 2014 in the amount of $120,751.41 plus continuing interest at the contract rate together with costs, late charges, and attorneys fees. BANK_FIN:490071-1 022852-164684 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENTAGON FEDERAL CREDIT UNION, vs. ) ) Plaintiff, ) ) ) ) JOHN O'NEILL A/K/A JOHN B. O'NEILL, JR.) AND JOAN O'NEILL, ) Defendants. ) ) CIVIL DIVISION No. 2014-3604 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) I, Brett A. Solomon, being duly sworn according to law, hereby depose and say that the Defendants, John O'Neill a/k/a John B. O'Neill, Jr. and Joan O'Neill, are not members of service of the United States of America to the best of my knowledge, info i . ,, n, and Sworn to and subscribed before me this (511 day of September, 2014. Nota ry Public / U'vI' o WEALTH OF PENNSYLVANIA Notarial Seal Matthew G. Friedberg, Notary Public City of Pittsburgh, Allegheny County MY-CQm(PIuion.Expires. , June 7, 2015 My Commission Expi i_it; itStAkIES BANK_FIN:490071-1 022852-164684 ett A. mon, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENTAGON FEDERAL CREDIT UNION, ) CIVIL DIVISION ) Plaintiff, ) No. 2014-3604 Civil Term vs. ) ) ) JOHN O'NEILL A/K/A JOHN B. O'NEILL, JR. ) AND JOAN O'NEILL, ) ) Defendants. ) TO: John O'Neill a/k/a John 13. O'Neill, Jr. 467 Thompson Street Strasburg, Virginia 22657 DATE OF NOTICE: September 2, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO 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 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT FINDING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. BANK_FIN:488965-1 022852-164684 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 R A E' G, P.C. ett • . olomon, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice was served upon the Defendant, John O'Neill a/k/a John B. O'Neill, Jr., by depositing thereof in the United States mail, first class postage prepaid, on the 2nd day of September 2014, at the following address: John O'Neill a/k/a John B. O'Neill, Jr. 467 Thompson Street Strasburg, Virginia 22657 TUCKER ARENSBE : G, P.C. rett Solomon, Esquire Attorney for Plaintiff BANK FIN:488965-1 022852-164684 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENTAGON FEDERAL CREDIT UNION, ) CIVIL DIVISION ) Plaintiff, ) No. 2014-3604 Civil Term ) vs. ) ) JOHN O'NEILL A/K/A JOHN B. O'NEILL, JR. ) AND JOAN O'NEILL, ) ) Defendants. ) TO: Joan O'Neill 467 Thompson Street Strasburg, Virginia 22657 DATE OF NOTICE: September 2, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO 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 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER; GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT FINDING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 TUCKER AB G, P.C. Brett A. Solomon, Esquire Attorney for Plaintiff BANK_FIN:488965-1 022852-164684 CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice was served upon the Defendant, Joan O'Neill, by depositing thereof in the United States mail, first class postage prepaid, on the 2nd day of September 2014, at the following address: Joan O'Neill 467 Thompson Street Strasburg, Virginia 22657 TUCKER ARENSBER Brett A. So smon, Esquire• Attorney for Plaintiff BANK FIN:488965-1 022852-164684 IN THE COURT QF COMMON PLEAS OF CUMI3ERLAND COUNTY, PENNSYLVAN PENTAGON FEDERAL CREDIT UNION, CIVIL DIVISION Plaintiff, No. 2014-3604 Civil Term vs. JOHN O'NEILL A/K/A JOHN B. O'NELLL, PRAECIPE TO VACATE JUDGMENT JR. AND JOAN O'NEILL, Defendants. Filed on behalf of PENTAGON FEDERAL CREDIT UNION, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa I.D. #83746 bsolomon@tuckerlaw.com Michael C. Mazack, Esquire Pa I.D. #205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh , Pennsylvania 15222 (412) 566-1212 Dia gsaati cLit 3951=1(/ 72-44- 31 a? tilp BANK_FlN:492117-1 022852-164684 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENTAGON FEDERAL CREDIT UNION, CIVIL DIVISION Plaintiff, No. 2014-3604 Civil Term vs. JOHN O'NEILL A/K/A JOHN B. O'NEILL, JR. AND JOAN O'NEILL, Defendants. PRAECIPE TO VACATE JUDGMENT TO: PROTHONOTARY, CUMBERLAND COUNTY Kindly vacate the judgment in the action filed in the above -captioned matter in favor of the Plaintiff, Pentagon Federal Credit Union, and against the Defendant, John O'Neill a/k/a John B. O'Neill, Jr. and Joan O'Neill. By: Sworn toind subscribed before me this 1- day of October, 2014. otary Public TUC ,4 R ARENSBER Brett T. . Solomon, quire Pa. I.D. No. 83746 Michael C. Mazack, Esquire Pa. I.D. No. 205742 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 CONMONWE''.L T H OF PE ;i+;::'L\j J My Commission Expires Notarial Seal Matthew G. Friedberg, Notary Pubic City of Pittsburgh, Allegheny County MY Cemmissien Expires lune 7,, 2015 NEMER, PAtihrWiffickig4411114 §F KOIAKE5 BANK FIN:492117-1 022852-164684 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENTAGON FEDERAL CREDIT UNION, CIVIL DIVISION Plaintiff, No. 2014-3604 Civil Term vs. PRAECIPE TO SETTLE AND JOHN O'NEILL A/K/A JOHN B. O'NEILL, JR. DISCONTINUE AND JOAN O'NEILL, Defendants. r - Filed on behalf of Pentagon Federal Credit Union, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. #83746 bsolomon@tuckerlaw.com Michael C. Mazack, Esquire Pa. LD. #205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENTAGON FEDERAL CREDIT UNION, vs. ) ) Plaintiff, ) ) ) ) JOHN O'NEILL A/K/A JOHN B. O'NEILL, JR.) AND JOAN O'NEILL, ) ) Defendants. ) CIVIL DIVISION No. 2014-3604 Civil Term PRAECIPE TO SETTLE AND DISCONTINUE TO: PROTHONOTARY, CUMBERLAND COUNTY Kindly settle and discontinue the action filed in the above -captioned matter in favor of the Plaintiff, Pentagon Federal Credit Union, and against the Defendants, John O'Neill a/k/a John B. O'Neill, Jr. and Joan O'Neill. Sworn to at1d subscribed before me this ' day of October, 2014. Notary Public My Commission Expires: By: TUC ' R AREN' : ER . , P. B ' ett A. S s +mon, Esquire Pa. I.D. No. 83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 COMMONWEALTH Or PENNSYLVANIA Notarial Seal Matthew G. Friedberg, Notary Public City of Pittsburgh, Allegheny County My Commission Expires lune 7, 2015 Mtt4 6thIlstlilt"Ut li55l Ott of NOTARIES BANK FIN:492116-1 022852-164684