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Supreme Co R Pennsylvania Cour` tc4hi o ' leas For Prothonotary Use Only.- C11 nly.C11 il' Docket No: Cu�. lanci' ,x'f County The information collected on this form is used solly for court administration purposes. This form does not supplement or replace the filing and service of plea ings or other papers as required by law or rules of court. Commencement of Action: Complaint Q Writ of Summons Petition Transfer from Another Jurisdiction Declaration of Taking E CLead Plaintiff's Name: Lead Defendant's Name: Sovereign Bank n/k/a Santander Bank, N.A. Jerry E. Beitler and Christina D. Beitler T` Are money damages requested? Yes No Dollar Amount Requested: within arbitration limits I ; (check ane) Qautside arbitration limits O N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? E3 Yes El No Name of Plaintiff/Appellant's Attorney: Brian H.Smith, Esquire Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one-type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Debt Collection:Credit Card 0 Board of Assessment l3 Motor Vehicle Q Debt Collection:Other 0 Board of Elections Nuisance l3 Dept.of Transportation l3 Premises Liability l3 Statutory Appeal:Other S [3 Product Liability(does not include Employment Dispute: E mass tort) Slander/Libel/Defamation Discrimination C El Other: Employment Dispute:Other Zoning Board T 0 Other: 0.Other: O MASS TORT 0 Asbestos N Q Tobacco Toxic Tort-DES _ Toxic Tort-Implant REAL PROPERTY i MISCELLANEOUS ® Toxic Waste Other: © Ejectment [3 Common Law/Statutory Arbitration Eminent Domain/Condemnation [ Declaratory Judgment © Ground Rent Mandamus LandIord/Tenant Dispute 0 Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental Partition 0 Replevin El Legal IM Quiet Title 0 Other: Q Medical E3 Other: [ Other Professional: Updated 11112©11 HX10 TA f>>i STARK&STARK,P.C. Zi, P BRIAN H. SMITH,ESQUIRE Supreme Court I.D.No. 65627 A. �t�LAj-,� ��i���,�}� 777 Township Line Road, Suite 120 ,`;` yav�' Yardley,PA 19067-5559 r' N bhsmith@stark-stark.com tel. 267.907.9600 fax. 267.907.9659 Attorneys for Plaintiff SOVEREIGN BANK,n/k/a SANTANDER BANK, N.A. 1130 Berkshire Boulevard Wyomissing,PA 19610 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaint -v- Civil Division JERRY E.BEITLER 1115 Mountain Road Newburg,PA 17240 and _ CHRISTINA D.BEITLER 9 Wilbert Drive Carlisle,PA 17013 Defendants. No NOTICE TO DEFEND "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 of 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.1F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER." "IF 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." (SS) CLitA �luw �� y� s 4- l 1 1 f s Cumberland County Bar Association 32 S. Bedford Street Carlisle,Pennsylvania 1.7013 717-249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a ]as demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED EBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S.Bedford Street Carlisle,Pennsylvania 1.7013 717-249-3166 STARK&STARK,P.C. BRIAN H. SMITH,ESQUIRE Supreme Court I.D.No. 65627 777 Township Line Road, Suite 120 Yardley,PA 19067-5559 bhsmith@stark-stark.com tel. 267.907.9600 fax. 267.907.9659 Attorneys for Plaintiff SOVEREIGN BANK,n/k/a SANTANDER BANK, N.A. 1130 Berkshire Boulevard Wyomissing,PA 19610 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff, -v- Civil Division JERRY E.BEITLER 1115 Mountain Road Newburg,PA 17240 and CHRISTINA D. BEITLER 9 Wilbert Drive Carlisle,PA 17013 Defendants. No. COMPLAINT 1. Plaintiff, Sovereign Bank,now known as Santander Bank,N.A.,has an address of 1130 Berkshire Boulevard, Wyomissing,PA 19610. 2. Defendant,Jerry E.Beitler, is an adult individual with a last known address of 1115 Mountain Road, Newburg,PA 17240. 3. Defendant,Christina D.Beitler, is an adult individual with a last known address of 9 Wilbert Drive, Carlisle,PA 17013. 4. On October 25,2002,Plaintiff made a loan in the original principal amount of $59,000.00,secured 1 by the premises known as and located at 1115 Mountain Road,Newburg,Cumberland County,Pennsylvania 17240(the"Premises"). A copy of the resulting first mortgage(the"Mortgage"), is attached hereto as Exhibit"A", and the provisions of same are hereby incorporated by reference as if fully set forth. 5. The Mortgage is recorded with the Cumberland County Recorder of Deeds' Office at Mortgage Book 1780,Page 88. 6. For reasons unknown,the Mortgage was recorded without a metes and bounds legal description of the Premises. 7. A copy of Defendants' deed to the Premises,containing the metes and bounds legal description of the Premises,is attached hereto as Exhibit"B",and the provisions of same are hereby incorporated by reference as if fully set forth. 8. At all times relevant hereto,both Plaintiff and Defendants intended that the Premises secure the Mortgage. 9. As a result of all of the foregoing,a mutual mistake occurred in reducing the intention(s)of Plaintiff and Defendants to writing in the form of the Mortgage,because the Mortgage does not contain a legal description of the Premises. 10. Due to such mutual mistake,the lien of the Mortgage does not currently attach to the Premises. 11. The Mortgage is presently in default,but Plaintiff cannot effectively foreclose on the Premises because of the aforementioned mutual mistake. COUNT I-REFORMATION OF MORTGAGE 12. Plaintiff hereby incorporates by reference paragraphs 1 through 11 above,as if the same were more fully set forth. 13. Due to the aforementioned mutual mistake,and in order for Plaintiff to proceed with its legal remedies under the Mortgage,the Mortgage must be reformed to have the metes and bounds legal description of the Premises,as set forth in Defendants' deed to the Premises,attached to the Mortgage, with such reformation effective as of the date of execution of the Mortgage,October 25,2002. WHEREFORE,Plaintiff respectfully requests this Honorable Court to enter an Order: (a)reforming the Mortgage so as to have the metes and bounds legal description of the Premises contained in Defendants' deed to the Premises attached thereto,with such reformation effective as of the date of execution of the Mortgage,October 25, t 2002, (b)providing that a certified copy of such Order be recorded with the Cumberland County Recorder of Deeds' Office and indexed in/with the land records concerning the Premises,and(c)providing such other and further relief as the Court deems fair and just. COUNT II-UNJUST ENRICHMENT(IN THE ALTERNATIVE) 14. Plaintiff hereby incorporates by reference paragraphs 1 through 13 above,as if the same were more fully set forth. 15. Defendants are and remain owners of the Premises,and enjoy the benefits of such ownership,while the Premises does not currently secure the Mortgage. 16. Defendants have been unjustly enriched at the expense of Plaintiff, since Plaintiff cannot effectively exercise its legal remedies(i.e. foreclose on the Mortgage), even though the Mortgage is in default,since the lien of the Mortgage does not presently extend to the Premises. WHEREFORE,in the alternative to Count I herein,and to prevent further unjust enrichment to Defendants, Plaintiff respectfully requests this Honorable Court to enter an Order: (a)reforming the Mortgage so as to have the metes and bounds legal description of the Premises contained in Defendants' deed to the Premises attached thereto, with such reformation effective as of the date of execution of the Mortgage,October 25,2002, (b)providing that a certified copy of such Order be recorded with the Cumberland County Recorder of Deeds' Office and indexed in/with the land records concerning the Premises,and(c)providing such other and further relief as the Court deems fair and just. COUNT III-EQUITABLE LIEN(IN THE ALTERNATIVE) 17. Plaintiff hereby incorporates by reference paragraphs 1 through 16 above, as if the same were more fully set forth. 18. At the closing out of which the Mortgage arose,a prior mortgage on the Premises to National City Mortgage was paid off. See copy of HUD-1 Settlement Statement attached hereto as Exhibit"C",the provisions of which are hereby incorporated by reference as if fully set forth. 19. Defendants benefitted financially from the Mortgage in that same paid off the aforementioned prior mortgage. 20. In addition,the payment of the prior mortgage directly benefitted Defendants' ownership/interests in/to the Premises. J . 21. As a result of all of the foregoing,the Mortgage should be decreed and adjudged to be a first equitable lien on the Premises in the principal amount of$59,000.00 and otherwise reflective of the terms of the Mortgage, effective October 25,2002 and until the date such equitable lien is satisfied or discharged by Plaintiff,and Plaintiff should be decreed and adjudged to hold the interest of a mortgagee consistent with the foregoing. WHEREFORE, in the alternative to Counts I and II herein,Plaintiff respectfully requests this Honorable Court to decree and adjudge that the Mortgage is a first equitable lien on the Premises in the principal amount of $59,000.00 and otherwise reflective of the terms of the Mortgage,effective October 25,2002 and until the date such equitable lien is satisfied or discharged by Plaintiff,and that Plaintiff holds the interest of a mortgagee consistent with the foregoing,plus such other and further relief as the Court deems fair and just. STARK&STARK A Professional Corporation By: 00000 BRIAN H. SMITH,E UIRE .... �../�t,Lis U".(O' . F? t LU Prepared By: Return To: Robert Ambrose Sovereign Bank ✓CS 10-421-CA3 525 Lancaster Aveswe, Shite 300 Reading, PA 19611 Parcel Number: 44-05-0409-095 [Space Above This Line For Recording Dotal AN BEITLE17-58376 MORTGAGE LN# 017-6665854 DEFMIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 1I, 13, 18,20 and 21,Certain rules regarding the usage of words used in this document are also provided In Section 18. (A)"Security Instrument"means this document,which is dated October 25, 2002 together with all Riders to this document. (B)"Borrower"is JERRY E. i3ETIZER and C HRISrM D. BE= x a Borrower Is the mortgagor under this Security Instrument. (C)"Lander"Is Sovereign Bank Lender is a Federal Savings Bank BEITLE17-58376 017-6665854 PENNSYLVANIA•Single Family.Fannie MadFroddie Mac UNIFORM INSTRUMENT Form 3038 1101 P.g.1oli6MW Gam tt!>x .B, Illiiillllllllliiilllli�ili� VMP MORTGAGE FORMS-(BODI521.7281 06/10/2014 10:21:09 AM CUMBERLAND COUNTY Inst.#200244204-Page 1 of 16 � ,l nrganized and existing under the laws of the 11nited States of America Lender's address is 113C Beresi:ire Boulevazd, ?4romissLng, PA 19610 Lender Is the mortgagee under this Security Instrument. (D)"Norte"meats the promissory note signed by Borrower and dated October 25, 2002 The Note states that Borrower owes Lender Fifty N it e `housa^cl and m/100 Dollars (U.S.$59,000.00 )plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than Novemoer 1, 2022 (E)"Property"meats 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. (Q)"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): F1 Adjustable Rate Rider ED Condominium Rider a Second Home Rider 0 Balloon Rider �Planned Unit Development Rider[�1-4 Family Rider 0 VA Rider C]Biweekly Payment Rider r-1 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 Brud, non-appealable judicial opinions. (1)"Community Association Dues,Faea,and Assessments"means all dues,fees,assessments and other charges that are imposed an Borrower or the Property by a condominium association, homeowners association or similar organization. (1) "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 sin as to order,instruct,or authorize a financial institution to debit or credit an account. Such term Includes, but Is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (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(other than Insurance proceeds paid under the coverages described in Section 5)for:(i) damage to, or destruction of, the Property; (11) condemnation or other taking of all or any part of the Property; (ill) conveyance in lieu of condemnation;or(iv)misrepresentations of, or omissions as to,the value and/or condition of the Property, (,I)"Mortgage Insurance"means Insurance protecting Leader against the nonpayment of,or default on, the Loan, (1)"Periodic Payment"means the regularly scheduled amount due for(t)principal and interest under the Note,plus(11)any amounts under Section 3 of this Security Instrument. BEITLEI7-58376 017-6665854 M$(PA)tooaet �,y z"r ma Form 3039 1101 06/10/2014 10:21:09 AM CUMBERLAND COUNTY Inst.#200244204-Page 2 of 16 (0)"RESPA"means the Real Estate Settlement Procedures Act(12 U.S.C.Section 2601 et 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 re )and its In this Security Instrument, "RESPA"refers to all regulation that governs the same subject matter,As used to a"federally related mors requirements and restrictions that are imposed in regard loan"under RESPA. gage loan"even if the Loan does not qualify as a"federally related mortgage not "Successor in I meat of Borrower l means any Party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or This Security Instrument TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender;(1)the repayment of the Loan,and all renewals,extensions and modifications of the Note; and (11) the performance of Borrower's covenants and ageemenit under this Security instrument and the Note.For this Propose,Borrower does hereby mortgage,grant and convey to Lender the following described ProPertY located In the of Clmiberiand grant IType of 9ecmdL%Jurisdictloo► Sri ¢ I+FXiAT,DF$('RjPTICYV IN—of Recordtn9 jmgdicU=p which currently has the address of illsM--U UN RQAD EWBM [Street) ("Property Address„): ICityl,Pennsylvania 17240 (Zip Code► 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.” BEITIM7-58376 017-6665854 y�'8(PA)r000at :ata.• V.p.J Of 1e holm 3039 vol 06/10/2014 10:21:09 AM CUMBERLAND COUNTY inst.#200244204-Page 3 of 16 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 Leader 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 late charges due under the Note.Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made In U.S. currency.However,if any 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 Ltslrument be made 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 are insured by a federal agency,tmirumentallty,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 immedlately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proccods. Except as otherwise described in Ibis 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 the repayment of the Periodic Payments if,and to the extent that, each payment can be BEIT.-,E17-58376 017-6665854 JAL (0.6^1 Mwe) P.a..d+e Foran 3038 1f01 n(�l, Ui i 'Jt_' :; 06/10/2014 10:21:09 AM a CUMBERLAND COUNTY Inst#200244204-Page 4 of 16 paid in full.To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments,such excess may be applied to any 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 Hen or encumbrance on the Property:(b)leasehold payments or ground rents on the Property,if arty; (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 daring the term of the Loan. Lender may require that Community Association Dues, Fees, and Assessments. if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.Borrower shall promptly fumish to Leader all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time.Any such waiver may only be In writing.In the event of such waiver.Borrower shall pay directly,when and where payable,the amounts due for any Escrow Items for which payment of Furls has been waived by Lender and,If Lender requires, shall fumish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security 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 falls to pay the amount due for an Escrow Item,Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under 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 told 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 tender can require under RESPA. Lender shall estimate the amount of Funds due on the bads 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 am 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 Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge.Unless an agreement is made In writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or eamings on the Funds. Borrower and Lender can agree in writing, however,that Interest BEITLE.17-58376 017-6665854 -et>�I1�1 Pep.6ale � FOnn 9039 1/01 06/10/2014 10:21:09 AM CUMBERLAND COUNTY Inst.#200244204-Page 5 of 16 shall be paid on the 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 Lender 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. 5. Property insurance.Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by tire,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 remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency In connection with the review of any flood zone determination resulting from an objection by Borrower. BEI=17-58376 017-6665854 mn� +6(PA)WOO) y.Peare Form3039 1/01 06/10/2014 10:21:09 AM CUMBERLAND COUNTY Inst.#200244204-Page 6 of 16 If Borrower falls 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 cast of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained.Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear Interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting 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 damage to, or destruction of,the Property,such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the Insurance airier and Lender.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 Properly,if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period,Lender shall have the right to hold such Insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection &ball be undertaken promptly.Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.Unless an agreement Is made in writing or Applicable Law requires interest to be paid on such insurance proceeds,Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shell 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 suns 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) arty 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. BEITM7-58376 017-6665854 i„nnb t�-e(i'A)l000et p,"7 or is Form 3038 1101 06/10/2014 10:21:09 AM CUMBERLAND COUNTY Inst.#200244204-Page 7 of 16 i 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 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 Properly, 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. 9. 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,(b)there is a legal proceeding that might significantly affect Leader'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 Properly, 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 to court; and (c) paying reasonable attorneys'fees to protect its interest to 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 ail actions authorized under this Section 9, BEITLF,17-58376 017-6665854 •orn$07q)(pgpa) Petpa f Ice Form 3036 1101 06/10/2014 10:21:09 AM CUMBERLAND COUNTY Inst.#200244204-Page 8 of 16 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 dale of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument Is on a leasehold, Borrower shall comply with all the provisions of the lease.If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless 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 make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously In effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously In affect, 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 he 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 toss 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 designated esignated payments toward the premiums for Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends In accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law.Nothing In this Section 10 affects Borrower's obligation to pay Interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(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 requite 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 modify il; the mortgage Insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance."Further: (a) Any such agreements will not affect the amounts that Borrower hae agreed to pay fbr 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. BEITLEI7-58376 017-6665854 IMNb: M—WPA)(0006) P.O.s a 10 Form 3039 trot 06/10/2014 10:21:09 AM CUMBERLAND COUNTY Inst.#200244204-Page 9 of 16 (b)Any such agreements will not affect the rights Borrower has-if any-with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance,to have the•Mortgagc Insurance terminated automatically, and/or to receive a refund of say Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. AB 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,Leader 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 safes 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 suets 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 sures 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 flxctlon: (a) the total amount of the sums secured immedlately 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 material impairment of Lender's interest in the Property or rights under this Security Instrument.Borrower can care such a default and.if acceleration has occurred,reinstate as provided in Section 19, by causing the action or proceeding to be EEITLE27-58376 017-6665854 hiRlaN• (0-8(PA)t000e) P."loot is from 3039 1101 `, i �. 77 06/10/2014 10:21:09 AM CUMBERLAND COUNTY Inst.#200244204-Page 10 of 16 dismissed with a rating that,in Lender's judgment,precludes forfeiture of the Property or other material Impairment of Lender's Interest in the Property or rights under this Security Instrument.The proceeds of any award or claim for damages that are attributable to the Impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied to the order provided for In Section 2. 12. Borrower Not Released; Forbearance By Leader Not a Waiver. Foctension 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(his Security Instrument by reason of any demand made by the original Borrower or any Successors In Interest of Borrower.Any forbearance by Leader in exercising any right or remedy including, without limitation, Leader's acceptance of payments from third persons. entities or Successors In Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-aigners;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 Inswment but does not execute the Note (a "co-signer"): (a) is cc-signing this Security Instrument only to mortgage,grant and convey the co-signer's interest In the Property under the terms of this Security Instrument:(b)Is not personally obligated to pay the sums secured by this Security Instrument; and (c)agrees that Lender and any other Borrower can agree to extend, modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor In Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing: and is approved by Lender,shall obtain ail 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 a to such release in writing. The covenants and agreements of this Security Instrument shall bind agrees 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 may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a taw 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 lintits 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 apartial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be In writing.Any notice to Borrower to connection with this Security Instrument shall be deemed to BEITLE17-58376 017-6665854 Inlipk• �,g(pg1 roaoet e�p�n m+e � ^ n Form 3039 1101 C,r , 06/10/2014 10:21:09 AM CUMBERLAND COUNTY Inst.#200244204-Page 11 of 16 have been given t0 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; Ruhr of Construction. This Security instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. Ali rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.Applicable Lawmight 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 lake 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 to a bond for deed,contract for deed,Installment sales contract or escrow agreement,the intent of which Is the transfer of tide 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 at transferred)without Lender's prior written consent, Lender may require immediate payment in full of all surto 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 surto 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 Ages 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 We of the Property Pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of. Borrower's right to reinstate: or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as If no acceleration had occurred:(b)Hues any default of any other covenants or BEITLE17-58376 017-6665854 mnuer. <0b(PA)toocal P.g is w es Form 3030 1101 06/10/2014 10:21:09 AM CUMBERLAND COUNTY Inst.#200244204-Page 12 of 16 agreements:(c)pays all expenses Incurred in enforcing this Security Instrument,including,but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument:and(d) takes such action as Lender may reasonably require to assure that Lender's interest In the Ph pis s�a d rights under this Security Instrument,and Borrower's obligation Borrower the sums reinstatement at sums Security Instrument,shall continue unchanged.Leader may req pay such expenses In one or more of the following forma. as selected by Lender: (a) cash; (b) money order:and (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 agencyinst instrumentality d obligationsof etir(dsecuElered h Electronic Funds Transfer.Upon reinstatement by Borrower. this Security shall remain fully effective as if no acceleration had occurred.However,this right to reinstate shall not apply in the can of acceleration under Section IS. 20.Sale of Note;Change of Loan Servicer:Notice of Grievance.The Note or a partial interest in the Note(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result In a change in the entity (known as the "Loan Servicer') dial collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note.titLa Security Instrument,and Applicable Law.There also might be one or more changes of thLoan 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 wilt stale rix name orad address of the e 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 obligation 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 Leader may commence,join, or be joined to any judicial actin(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 parry(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 otiran accebe leration nhat time and period will be deemed to be reasonable for purposes of this paragraph. opportunity to cure given to Borrower pursuant to Section ZZ and the notice of acceleration given to Borrower pursuant to Section 18 shag be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in thisectition : (a) "Hazardousaes by Substances" Law and the substances defined as toxic or hazardous substances,pollutants, bitgasoline, petroleum Products, ticides and hercides,volatile ssolvets ateriab cntaining asbestos or foraldehyde, nd 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 actin.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. BEITLE17-58376 017-6665854 nail. P."t�a to roma 3039 1101 ��(PA)Moe) 06/10/2014 10:21:09 AM CUMBERLAND COUNTY inst.#200244204-Page 13 of 16 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 Con don,or(c)which,due to the presence,use,or release of a Hazardous Substance,creates a condition that adversely affects the value of the Property.The preceding two sentences shall not apply to thepretence, use, or storage on the Property of small quantities of Hazardous Substances that are general)y recognized to be appropriate to norma residential uses and to maintenance of the Property(inducting.bat 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 patty 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 q�r any overnmental or regulatory authority,or any private party,that any removal or other remediation oT 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 Clean NON-UNIFORM COVENANT'S Borrower and Lender farther covenant and agree as follows: 22.Acceleration;Remedies.Leader shall give notice to Borrower prior awmmacceleration folio to Borrower's breach of any covenant or agreement in this Security (butP acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of,among other things:(a)the default;(b)the action required to care the defauh;(c)when the default must be cured; and (d) that failure to cure the default as specified may result in somieratien of the sums secured by this Security Instrument foreclosure by judicial proceeding and sale of the Property.Lender shall filrther inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-eaustmcc of a defeu8 of any other defense of Borrower to acceleration and foreclosure.If the default is not sued as specified,Lender at its Option may require immediate payment in full of ail antes secured by this Smutty Inlarument without further demand and may foreclose this Security Instrument by judicial proceeding,Lender shall be entitled to collect all cVcnsw incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fes and costa of title evidence to the extent permitted by Applicable Law. 23,Release.Upon payment of all stuns secured by this Security instrument,this Security Instrument and the estate conveyed shall terminate and become void.Aftaterr such occurrence.Lender shall discharge and Borrowsatisfy fee for r le easithis ng thiinstrument. sSecurity IInswment hibu pay if the feels paid toation sa third party foender may charge 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 tide 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 udgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BEITLE17-58376 017-6665854 -6(PA)(Doom rep.14,0 16 ^� f=orm 3039 1101 Uig - 06/10/2014 10:21:09 AM CUMBERLAND COUNTY Inst.#200244204-Page 14 of 16 BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and In any Rider executed Ey Borrower and recorded with it. Witnesses: ` (Seal) — A�213E�ITMLER Borrower Seal C Ml6TII3A D. Borrowv (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) .Borrower -Borrower (Seal) (Seal) -Borrower -Borrower BEI1�EI7-58376 017-6665854 (MV(PA)moos) Peo.76 a/76 Roan 3039 1/01 CUMBERLAND COUNTY InstA 200244204-Page 15 of 16 06/10/2014 10:21:09 AM - Certificate of Residence 1, Robert Attlbrose do hereby certify that the correct address of the within-named Mortgagee is 1.130 Berkshire Boulevard, Wyomissing, PA 19610 Witness my hand this 25th day of C)ctciber, 2002 Robert 2linbrDBe April of Mortgagee COMMONWEALTH OF PENNSYLVANIA, t,d.c. GCcYs„ County ss: On this,the c)S9, day of L'C '✓ i;2v 4' ,before me,the undersigned officer,personally appeared JERRY E. BEITLER and CHRISTINA,D. BEITUR known to me(or satisfactorily proven)to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged that he/she/they executed the same for the purposes herein contained. 40,17�la IN WITNESS WHEREOF,I hereunto set my hand and official seal. µ My Commission Expires: Notariat Seal Mary M.Prico,Notary Public Carlisle Horn,Cumberland county Nt� My Commission Expires Aug.18,2003 Title of Oft er BEITL,E17-58376 017-6665854 (-9(PA)coons) P."16W to Form 3030 1101 ).gid PA CUMBERLAND COUNTY Inst.#200244204-Page 16 of 16 06110/2014 10:21:09 AM - iPARCEL N0. nom- L)gf)Q- �J U1 JUL 2 Pfd 2 119 THIS DEED MADE THE `� day of To WE in the year of our Lord two thousand and one. BETWEEN TIMOTHY L WEAVER and AUDREY J. WEAVER, husband and wife, of Newburg Cumberland County,Pennsylvania, Grantors herein, A N D JERRY E BEMER and CHRISTINA D. EMMUR, husband and wife, of Newville, Cumberland County,Pennsylvania,Grantees herein. WITNESSETH, that in consideration of FIFTY-NINE THOUSAND AND W100 ($39,000.00)Dollars, in hand paid the receipt whereof is hereby acknowledged the said grantors do hereby grant and convey to the said grantees, their heirs and assigns ALL that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Rodney Lee Decker,R.P.L.S.,dated November 17, 1993 and recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 67,Page 81. BEGINNING at a point in centerline of Mountain Road at edge of private right-of-way for Lot No. 6;thence along private right-of-way, South 24 degrees 44 minutes 25 seconds East 601.72 feet to a point; thence along Lot No. 6, South 52 degrees 32 minutes 30 seconds West 310.00 feet to a point; thence along Lot No. 8, North 08 degrees 15 minutes 55 seconds West 323.53 feet to a point; thence still along Lot No. 8, North 22 degrees 56 minutes 05 seconds West 365.00 feet to a point in centerline of Mountain Road; thence along centerline of Mountain Road, North 66 degrees 43 minutes 35 seconds East 199.21 feet to a point,the Place of BEGINNING. CONTAINING 3.294 acres and designated as Lot No.,7, Plan of Mountain View Orchard. BEING Tract No. 1 of the same premises that Harry H. Fox, Jr. and Ann G. Fox, his wife, and John H. fox and Cinda L. Fox, his wife, by their deed dated the 23rd day of June, 1994, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 107, Page 417, granted and conveyed unto TIMOTHY L. WEAVER and AUDREY J. WEAVER,husband and wife, GRANTORS herein. Book. 247 PACF.1042 06/10/2014 10:06:31 AM CUMBERLAND COUNTY Inst.#200120888-Page 1 of 3 /� h V j Mobile homes are permitted subject to the following restrictions: 1. Such mobile home shall be a minimum of 12 feet in width and 55 feet in length, 2. The mobile home must be kept maintained in a fashion such no dents, rust, broken glass or other such signs of wear or ill repair are visible. 3. Any mobile home placed upon the premises must be properly secured to a foundation in sufficient fashion to withstand severe winds, storms and other weather conditions. 4. Mobile homes must be kept skirted at all times with a durable material and kept in an aesthetically pleasing manner. 5. Within six months of the placement of any mobile home on the premises, the property owner must plant trees and/or shrubs of an evergreen nature such that within a two year period the mobile home is visually screened from other properties, 6. Such screening must be maintained for as long as the mobile home is on the premises. 7. No junk or unlicensed vehicles. S. No accumulation of debris,junk,materials or other noxious uses. And the said grantors hereby covenant and agree that they will warrant specially the property hereby conveyed IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the Presence o ' -I L(SEAL) 77MOTHY LOM YER JL4AUA . G,AWVU" (SEAL) AUDR EYJ. IPER w -i ro • i-•e m e�c+ca ry ,� a- I 2-2-1 A -� t ., La • `� rte.,.ins 0 F+ � t(� BOOK 247 PAGE1043 CA 06/10!2014 10:06:31 AM CUMBERLAND COUNTY Inst.#200120888-Page 2 of 3 Commonwealth of Pennsylvania ) )SS County of Cumberland ) On this, the Y day off clzQ-. , 2001, before me, the undersigned officer,personally appeared Timothy Weaver and Audrey J. Weaver„ known to me(or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained IN WITNESS WHEREOF,I hereunto set my hand and official seal j Notarial seal "ef Kelly S.Baker,Notary Public South Middleton Twp,Cumberland Cou t r MY Commission Ulres Feb.7,2pp4� MemnAf,Pnn.�s•,.....:L7 ,z*—) in inn of Nolahas I do hereby certify that the precise residence and complete post officeaddre�gf the within named grantees is /1/5 zo A40�' e4')A-ezlzr; 1� � Attorneyfor COMMONWEALTH OF PENNSYLVANIA ) )S& County of ) RECORDED on this day of A.D. 2001, in the Recorder's office of the said County, in Deed Book Vol. , Page Given under my hand and the seal of the said office, the date above written. Recorder. .• :n be recorded In CuirlbcdIand County PA Boor 247 Pw1044 0611012014 10:06:31 AM CUMBERLAND COUNTY Inst.#200120888-Page 3 of 3 w OMB NO.2502-0265 it B. TYPE OF LOAN: A. 1.OFHA 2.QFmHA 3.�X CONV.LININS. 4.❑VA 5. CONv.INS. U.S.DEPARTMENT OF HOUSING&URBAN DEVELOPMENT 6.FILE NUMBER: 7.LOAN NUMBER: SETTLEMENT STATEMENT MORTGAGE o17�ss5854 8. MORTGAGE INS CASE NUMBER: C.NOTE: This form is furnished to give you a statement Of actual Sefflemenf Dosis. Amounts 1�M end by fire sef0emen!agent ere shown. Items marked"[POC)'were paid outside the dosing:they are shown hare for Infomiailonal purposes and1.0 3d9d are�m inc ad��in the totals. D. NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SELLER: LRosemont. ADDRESS OF LENDER: .ferry E.Beiller and Christina O.Bolder aster Avenue 2226 Mountain Road 19010 Newburg.PA 17240 G. PROPERTY LOCATION: H. SETTLEMENT AGENT: 26-0007758 1.SETTLEMENT DATE: 1115 Mountain Road Hanft&Knight,P.C. Newburg,PA 17240 October 25,2002 Cumberland County,Pennsylvania PLACE OF SETTLEMENT Olsburse:10130102 19 Brookwood Avenue,Suite 106 Cadlsle,PA 17013.9142 J,SUMMARY OF BORROWER'S TRANSACTION K.SUMMARY OF SELLER'S TRANSACTION 100.GROSS AMOUNT DUE FROM BORROWER: 400.GROSS AMOUNT DUE TO SELLER: 101.Contract Sales Price 401. Contract Sales Price 102.Personal Property 402. Personal Properly 103.Settlement Charges to Borrower Line 1400 58,735.48 403. 104 404. 1 Its 405. Adjustments For Items Paid By Seller In advance Aotustments For Items Paid By Seller 1n advance 106.Coun Taxes to 406.County/TwpTaxes to 107.School Taxes to 407.School Taxes to ' 108.Assessments - to 406.Assessments fG 109. 409. 110. 410. 111 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 56,735.48 420. GROSS AMOUNT DUE TO SELLER 200.AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201.Deposit or earnest money501. Excess D oslt See Instructions 202. Principal Amount of New Loans 59,000.00 502.Settlement Charoes to War jLine 1400 203. Existing bans taken sub"ecl l0 503.Existing loo s taken Subled to 204 504.Payoff of II(St Mortgage 205. 505.Payoff of second Mortgage 206. 506. 207. 507. 208. 508. 209. 509. Adlusiments For Hems Unpaid By Sauer Adjustments For Hems Un id Salter 210.Coun rr Taxes to 510.Countyrrwp Taxes to 211. SctwolTaxes to 511.School Taxes to 212.Assessrneals to 512.Assessments tc 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. TOTAL PAID BY/FOR BORROWER 59,000.00 520. 'TOTAL REDUCTION AMOUNT DUE SELLER 300.CASH AT SETTLEMENT FROWTO BORROWER: 600. CASH AT SETTLEMENT TO(FROM SELLER: 301.Gross) Dunt Duo From Borrower Line 120 58,735.48 601. Gross Amount Due To Seller Line 420 302.Less Amount Paid BylFor Borrower Une 2201 ( 59,000.00) 602. Less Reductions Due Seller(Line 520) 303. CASN j FROM)(X TO)BORROWER 264.52 603, CASH( TO)( FROM)SELLER 0.00 The undersigned hereby acknowledge receipt of a completed copy of pages 1&2 of this statement&any attachments referred to herein. Borrower f Seller ler Christina D.Beleer Pepe 2 L.SETTLEMENT CHARGES 700.TOTAL COMMISSION Based on Price $ Die Pao FAOM Pea FROM DlykWon of Commission Iine 700 as FoNows: BORROWERS SELLER'S 701.$ to FUNDSAT FUNDS AT 782. to SETTLEWNT SETTLEMENT 703.Commission Paid at Settlement 704, to no.rTEms PAYABLE IN CONNECTION WITH LOAN 601.Wan Origination Fee % to 002.Loan Discount % to 803.Appraisal Fee to Aarrow Mortgage Group 275.00 804.Credit Report to Aar mw Mortgage Group 19.08 805.Processing Fee to Aarrow Mortgage Group 311.20 806,Commihnent Fee to Sovereign Bank 450.00 607.Assump"on Fee to 808.Broker Fee Sovereign Bank to Awrow Mortgage $1696.25 POC 809. 810. 811. 900.ITEMS REQUIRED BY LENDER TO BE PAID 1N ADVANCE 901.Interest From 10/30/02 to 11/01102 a $ 10,652800/day ( 2 da %) 21.31 902.Mo age Insurance Premium for months to 903.Hazard Insurance Premium for 1.0 years to 904. 905. 1000.RESERVES DEPOSITED WITH LENDER 1001.Hazard insurance 7.000 months Q $ 27.67 per month 193.69 1002.MortMe Insurance months 0 $ per month 1003.CountyrTwp Taxes 10.000 months 90 S 10.73 per month 107.30 1004.School Taxes 6.000 months 0 S 47.53 per month 285.18 1005.Assessments monlha S per month 1006, months r month 1007. months r month 1008,Aqareqate Ad uslment months a per month •70.65 1100.TITLE CHARGES 1101.Abstractor Title Search to 1102.SettlementarClosinp Fee to 1103.DocumentPrepar3ilon to 1104.Attame s Fee to 1105.Notary Fee to Notary Public 5.00 1106.ORS Lien Searches to Hanft&Knight,P.C. 1107.Title Binder Fee to lndudos above Rem numbers: 08.Title Insurance to LTI anft&Kni ht P.C. 551.48 Mdudes above ifem number• 110S.Len a Cover e $ 59,000.00 1110.owners Coverage 59,000.00 1111.Endorsements 100130018.1 to LTICIHanft&Knight P.C. 150.00 1112.Closing Protection Letter to Conestoga Title insurance Company 35.00 1113. 1200.GOVERNMENT RECORDING AND TRANSFER CHARGES 1201.Recording Fees:Oeed$ ;Mortgage$ 54,50; Releases b 54.50 1202.CI our Tax/Stam s:Deed Mo e 1203.State Tax/Stamps: Revenue Stamps ;Mortgage 1204, 1205. 1300.ADDITIONAL SETTLEMENT CHARGES 1301.Survey to 1902.Peat Inspection to 1303.Overnight Mail Fee to Hang&Knight,P.C. PkgtPayoff 41.50 1304.FiralMortnatie Payoff to National City MorVage 56,305.89 1305. 1400.TOTAL SETTLEMENT CHARGES Enter on Lines 103,Section.t and 502 Section K 58,735.48 BY alpnnp papa 1 Of"$W1W'Wt tlw.ipeaNrles eUeP+Nape-.0 of a-PION ropy er Pape 2 of MI.M papa alai 1Z�e!�2�_ Hanft&Knight,P.C. 01 Certified to be a true copy. Settlement Agent f 222 217220.2113 VERIFICATION I Alan L. Norris verifythat I am the Banking Officer of the Plaintiff in this matter,and that the facts set forth in the attached Complaint are true and correct to the best of my knowledge, information,and belief. I further verify that this statement is made subject to the provisions of 18 Pa.C.S. sec.4904, relating to unsworn falsification to authorities. y�-5 Beitler SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff a�rtty pt 11 W.41%.... t{ Jody S Smith ; 3; Chief Deputyt G L Richard W Stewart ' (} COU' 3 Solicitor OFFICE OF7)4ESkERIFF raj PENNSYLVA�tA, Sovereign Bank n/k/a Santander Bank, N.A. Case Number vs. Jerry E. Beitler(et al.) 2014-5455 SHERIFF'S RETURN OF SERVICE 09/24/2014 09:42 AM - Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Bryan Copenhaver, boyfriend, who accepted as"Adult Person in Charge"for Christina D Beitler at 9 Wilbert Drive, North Middleton, Carlisle, PA 17013. DEWS FRY, DEP 10/01/2014 04:51 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personally" handing a true copy to a person represe .ng themselves to be the Defendant, to wit: Jerry E. Beitler at 1115 Mountain Road, Upper Mifflin Town ip, Newburg, PA 17240. T� S RR EPUTY SHERIFF COST: $73.38 SO ANSWERS, October 03, 2014 RONNY R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. SOVEREIGN BANK, n/k/a SANTANDER BANK, N.A. Plaintiff -v- JERRY E. BEITLER and CHRISTINA D. BEITLER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION No. 14-5455 Civil PLAINTIFF'S MOTION FOR JUDGMENT NOW COMES Plaintiff, by and through its undersigned counsel, and files the following Motion for Judgment in the instant action: 1. On September 15, 2014, Plaintiff filed its mortgage reformation Complaint in the instant action. A copy of the Complaint is attached hereto as Exhibit "A" and the provisions of same are hereby incorporated by reference as though fully set forth. 2. Copies of the Complaint, with Notices to Defend attached thereto, were personally served upon the Defendants on September 24, 2014 and October 1, 2014. See Exhibit "B" hereto, the provisions of which are hereby incorporated by reference as though fully set forth. 3. On October 20, 2014 and October 23, 2014, notices of Plaintiffs intent to take a default judgment in this matter for lack of response to the Complaint were sent to the Defendants. See Exhibit "C" hereto, the provisions of which are hereby incorporated by reference as though fully set forth. 4. To date, the Defendants have not filed a responsive pleading in the instant action. 5. Plaintiff's Affidavit as to the foregoing circumstances is attached hereto as Exhibit "D", and the provisions of same are hereby incorporated by reference as though fully set forth. 6. Pa.R.C.P. 1037 (c) provides that a court, "on motion of a party, may enter an appropriate judgment against a party upon default or admission." 7. By not filing a responsive pleading to Plaintiff's Complaint in the instant case, Defendants have effectively admitted all of the allegations of Plaintiffs Complaint. Pa. R.C.P. 1029 (b). 8. As a result of all of the foregoing, judgment is proper in favor of Plaintiff and against Defendants in the instant case. 9. No judge of this Honorable Court has previously ruled upon any issue in the instant case. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in its favor and against Defendants in this matter, as set forth in the proposed Order attached hereto. STARK & STARK By: A Professional Cors stion BRIAN H. S ITH, ESQUIRE Supreme Court I.D. No. 65627 777 Township Line Road, Suite 120 Yardley, PA 19067-5559 E-mail: bhsmith@stark-stark.com tel. 267.907.9600 fax. 267.907.9659 Attorneys for Plaintiff EXHIBIT "A" STARK & STARK, P.C. BRIAN H. SMITH, ESQUIRE Supreme Court I.D. No. 65627 777 Township Line Road, Suite 120 Yardley, PA 19067-5559 bhsmith@stark-stark.com tel. 267.907.9600 fax. 267.907.9659 ,.FILED -CF „ - O�_ THE PROTHONOTARY 20' 4 SEP [ S PMS 1: 6 CUMBERLAND Cr ►�TY PEN`NSYLV/\NIA' SOVEREIGN BANK, n/k/a SANTANDER BANK, : N.A. 1130 Berkshire Boulevard Wyomissing, PA 19610 Plaint -v- JERRY E. BEITLER 1115 Mountain Road Newburg, PA 17240 and CHRISTINA D. BEITLER 9 Wilbert Drive Carlisle, PA 17013 Defendants. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division No. IL/15 NOTICE TO DEFEND "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 of 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, 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." Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de Ia fecha de la demanda y Ia notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED EBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 STARK & STARK, P.C. BRIAN H. SMITH, ESQUIRE Supreme Court I.D. No. 65627 777 Township Line Road, Suite 120 Yardley, PA 19067-5559 bhsmith@stark-stark.com tel. 267.907.9600 fax. 267.907.9659 SOVEREIGN BANK, n/k/a SANTANDER BANK, : N.A. 1130 Berkshire Boulevard Wyomissing, PA 19610 Plaint Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -v- Civil Division JERRY E. BEITLER 1115 Mountain Road Newburg, PA 17240 and CHRISTINA D. BEITLER 9 Wilbert Drive Carlisle, PA 17013 Defendants. No. COMPLAINT 1. Plaintiff, Sovereign Bank, now known as Santander Bank, N.A., has an address of 1130 Berkshire Boulevard, Wyomissing, PA 19610. 2. Defendant, Jerry E. Beitler, is an adult individual with a last known address of 1115 Mountain Road, Newburg, PA 17240. 3. Defendant, Christina D. Beitler, is an adult individual with a last known address of 9 Wilbert Drive, Carlisle, PA 17013. 4. On October 25, 2002, Plaintiff made a loan in the original principal amount of $59,000.00, secured by the premises known as and located at 1115 Mountain Road, Newburg, Cumberland County, Pennsylvania 17240 (the "Premises"). A copy of the resulting first mortgage (the "Mortgage"), is attached hereto as Exhibit "A", and the provisions of same are hereby incorporated by reference as if fully set forth. 5. The Mortgage is recorded with the Cumberland County Recorder of Deeds' Office at Mortgage Book 1780, Page 88. 6. For reasons unknown, the Mortgage was recorded without a metes and bounds legal description of the Premises. 7. A copy of Defendants' deed to the Premises, containing the metes and bounds legal description of the Premises, is attached hereto as Exhibit "B", and the provisions of same are hereby incorporated by reference as if fully set forth. 8. At all times relevant hereto, both Plaintiff and Defendants intended that the Premises secure the Mortgage. 9. As a result of all of the foregoing, a mutual mistake occurred in reducing the intention(s) of Plaintiff and Defendants to writing in the form of the Mortgage, because the Mortgage does not contain a legal description of the Premises. 10. Due to such mutual mistake, the lien of the Mortgage does not currently attach to the Premises. 11. The Mortgage is presently in default, but Plaintiff cannot effectively foreclose on the Premises because of the aforementioned mutual mistake. COUNT I -REFORMATION OF MORTGAGE 12. Plaintiff hereby incorporates by reference paragraphs 1 through 11 above, as if the same were more fully set forth. 13. Due to the aforementioned mutual mistake, and in order for Plaintiff to proceed with its legal remedies under the Mortgage, the Mortgage must be reformed to have the metes and bounds legal description of the Premises, as set forth in Defendants' deed to the Premises, attached to the Mortgage, with such reformation effective as of the date of execution of the Mortgage, October 25, 2002. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order: (a) reforming the Mortgage so as to have the metes and bounds legal description of the Premises contained in Defendants' deed to the Premises attached thereto, with such reformation effective as of the date of execution of the Mortgage, October 25, 2002, (b) providing that a certified copy of such Order be recorded with the Cumberland County Recorder of Deeds' Office and indexed in/with the land records concerning the Premises, and (c) providing such other and further relief as the Court deems fair and just. COUNT II -UNJUST ENRICHMENT (IN THE ALTERNATIVE) 14. Plaintiff hereby incorporates by reference paragraphs 1 through 13 above, as if the same were more fully set forth. 15. Defendants are and remain owners of the Premises, and enjoy the benefits of such ownership, while the Premises does not currently secure the Mortgage. 16. Defendants have been unjustly enriched at the expense of Plaintiff, since Plaintiff cannot effectively exercise its legal remedies (i.e. foreclose on the Mortgage), even though the Mortgage is in default, since the lien of the Mortgage does not presently extend to the Premises. WHEREFORE, in the alternative to Count I herein, and to prevent further unjust enrichment to Defendants, Plaintiff respectfully requests this Honorable Court to enter an Order: (a) reforming the Mortgage so as to have the metes and bounds legal description of the Premises contained in Defendants' deed to the Premises attached thereto, with such reformation effective as of the date of execution of the Mortgage, October 25, 2002, (b) providing that a certified copy of such Order be recorded with the Cumberland County Recorder of Deeds' Office and indexed in/with the land records concerning the Premises, and (c) providing such other and further relief as the Court deems fair and just. COUNT III-EOUITABLE LIEN (IN THE ALTERNATIVE) 17. Plaintiff hereby incorporates by reference paragraphs 1 through 16 above, as if the same were more fully set forth. 18. At the closing out of which the Mortgage arose, a prior mortgage on the Premises to National City Mortgage was paid off. See copy of HUD -1 Settlement Statement attached hereto as Exhibit "C", the provisions of which are hereby incorporated by reference as if fully set forth. 19. Defendants benefitted financially from the Mortgage in that same paid off the aforementioned prior mortgage. 20. In addition, the payment of the prior mortgage directly benefitted Defendants' ownership/interests in/to the Premises. 21. As a result of all of the foregoing, the Mortgage should be decreed and adjudged to be a first equitable lien on the Premises in the principal amount of $59,000.00 and otherwise reflective of the terms of the Mortgage, effective October 25, 2002 and until the date such equitable lien is satisfied or discharged by Plaintiff, and Plaintiff should be decreed and adjudged to hold the interest of a mortgagee consistent with the foregoing. WHEREFORE, in the alternative to Counts I and II herein, Plaintiff respectfully requests this Honorable Court to decree and adjudge that the Mortgage is a first equitable lien on the Premises in the principal amount of $59,000.00 and otherwise reflective of the terms of the Mortgage, effective October 25, 2002 and until the date such equitable lien is satisfied or discharged by Plaintiff, and that Plaintiff holds the interest of a mortgagee consistent with the foregoing, plus such other and further relief as the Court deems fair and just. By: STARK & STARK A Professional Corporation BRIAN H. SMITH, E • UIRE 06/10/2014 10:21:09 AM Prepared By: Robert Ambrose Parcel Number: 44-05-0409-095 AP* SEITLE17-58376 LN# 017-6665854 DEFINITIONS '+ P. ZIcr,L rr7 OF D 'U;, vGu.rl^ u �. i- . r' r 2:3 F . Cu Return To: Sovereign Bank MCS 10-421-a'.3 525 Lancaster Avenue, Suite 300 Reading, PA 19611 (Spam Abon Thin Line For Recording Canal MORTGAGE 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 1a Section 18. (A) "Security Instrument" means this document. which is dated October 25, 2002 together with all Riders to this document. (B) "Borrower" is JERRY E. BETILER and CHRISTINA D. SETTLER Borrower Is the mortgagor under this Security Instrument. (C) "Leader" Is Sovereign Bank Lender is a Federal Savings Bank BEITLE17-58376 017-6665854 PENNSYLVANIA - Single Family • Fannie Ma/Peddle Mao UNIFORM INSTRUMENT l ' 1 mum Peg. 1 943 � 7 d "I m 1a ' W� ailiai!*o' VMI' MORTGAGE FORMS - 1r001e11.7Ee1 F111 CUMBERLAND COUNTY Form 30311 1101 SHIM trig Inst.# 200244204 - Page 1 of 16 manned and nettling mule the laws of the United States of America Lender's address Is 1130 Berkshire Boulevard, Wyomissing, PA 19610 Lender Is the mortgagee ender this Security Instrument. (D) "Nota" menu the promissory note signed by Borrower and dated October 25, 2002 The Note states that Borrower owes Lender Fifty Nine Thousand arrd no/100 Dollars N.S. 559, 000.00 ) plus interest. Borrower has promised to pay this debt In regular Periodic Payments and to pay the debt In full not laser than November 1, 2022 • (8) "Property' means the properly that is described below under the heading "Transfer of Rights In the Property." (F) "Loan' means the debt evidenced by the Note. plus lnterest. any prepayment charges and late charges due under the Note, and all stuns dee under this Security Instrument. plus interest. (0) 'Riders" means a0 Rlden to Mb Security Instrument that ars executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): Adjustable Rate Rider Balloon Rider VA Rider Condomitdum Rider Second Home Resler Plumed Unit Development Rider 1-4 Family Rider Biweekly Payment Rider Other(s) (specify) (H) "Applicable Law" means ail controlling applicable federal. state and local statutes, regulations, ordinances and administrative rules and orders (that have the elitct of law) s well as all applicable Btul. non -appealable Judicial opinions. (I) "Community Associates Dues, Fes, Ind Assessments" means all dues, fes. assessments and other charges that are imposed an Borrower or the Property by a condominium aeaodadoa. homeowner association or Medlar organization. (1) "Electronic Pends Transfer" mew any transfer of hinds, 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 atdhortze a Wtaacal institution 10 debit or credit an account. Such term Includes, but Is not limited to. point-of-sale transfers. automated teller machine transactions, transfers initiated by telephone. wire transfers. and automated clearinghouse transfers. (K) 'Escrow Items" mew those peens that are described In Section 3, (L) "Miscellaneous Proceeds" means any compensation, settlement. award of damages, or proceeds paid by any third party (other then Insurance proceeds paid under the covenges described In Section 5) for: (1) damage to, or destruction of, the Property: (I1) condemnation or other taking of all or any part of the Property: (W) conveyance In lien of condemcWton: 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. Me Loan. (N) "Periodic Payment" meats the regularly scheduled amount due for (I) principal and Interest under the Note, plus (II) any amounts under Section 3 of thla Security Instrument, 1ETTLE17-58376 017-6665854 141114,4(PN tease 06/10/2014 10:21:09 AM P.a•:a+e 2("1A Form 309 1/01 CUMBERLAND COUNTY Inst.# 200244204 - Page 2 of 16 (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its Implementing regulation. Regulation X (21 C.F.R. Part 3500), as they might be amended from time to lime, or any additional or successor legislation or regulation that governs the sante subject matter. As used In this Security Instrument, "RESPA" refers to all requirements and restrictions that an 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 in interest of Borrower' means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Inwument 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 Nota. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located In the County 'type of Ricardbq lur1dlatoal of CLmtberland Must of Recording Jorbdtrttonl. SEE AT» LEGAL DFSCRIPTICN which currently has the address of 1115 MOUNTAIN ROAD Z ("Property Address"): ICerl, Pennsylvania 17240 (Strood IZtp Code' 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." 8EITL 7-58376 017-6665854 t.e(i'A) (omit V"te i of t• 06/10/2014 10:21:09 AM CUMBERLAND COUNTY Form 3035 1101 Inst.# 200244204 - Page 3 of 16 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mongage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the tide 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 ProPeUNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal, Interest, Eserow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by. the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay finds 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 made la 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 deposit' 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 es may be designated by Lender in accordance with Mt notice provisions in Section 15. Lender may retitle 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 insutticIenl to bring the Loan current, without waiver of any right' 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 finds. 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 hinds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security 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 sutlldent amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be BEITLE17-58376 017-6665854 4:14,.a(PA) oxen Papp 4d 111 i Foran snag 1/01 06/10/2014 10:21:09 AM CUMBERLAND COUNTY Inst.# 200244204 . Page 4 of 16 paid In full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied Art 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 fn Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note Is paid la full, a sum (the "Funis") to provide for payment of amounts due for: (a) taxes and assessments and other iters 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; (e) 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 iters are called `Escrow Items." At origination or at any time during the term of the Loan. Lender may require that Community Association Dues, Fees, and Assessments. if any. be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow 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 Esc ow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, If Lender requires, shall furnish to Lender receipts evidencing such payment within such time period u Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in lids Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower Is obligated to pay Escrow Iters directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise Its rights under Section 9 and pay such amount and Borrower shall then be obligated under 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 bold 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 haste of current date 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 Lender pays Borrower interest on the Funds and Applicable Law permits Leader to make such a charge. Unless an agreement is made In writing or Applicable Law requires interest to be paid on the Funds, Under shall not be required to pay Borrower any Interest or earnings on the Funds. Borrower and Lender can agree In writing, however, that interest BE1TLE17-58376 017-6665854 Citi -CPA) moat r., Pp. aau + 'J . . 1 r L 06/10/2014 10:21:09 AM CUMBERLAND COUNTY From 3039 1101 Inst.# 200244204 - Page 5 of 16 shall be paid on the Funds. Lender shall give to Borrower, without charge. an anima accounting of the Funds as required by RESPA. If there is a surplus of Funds held In escrow, as defused under RESPA. Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Fonds 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 mare than 12 monthly payments. If there Is a deficiency of Funds held In escrow, as defined under RESPA, Leader shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to mule up the deficiency In accordance with RESPA, but lo no more then 12 monthly payments. Upon payment in full of all stuns secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens.. Borrower shall pay all tabs, assessments, charges, fines, and Impositions attributable to the Property which can attain priority over tide 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 ate Escrow Items, Borrower shall pay them In the manner provided in Section 3. Borrower shall promptly discharge any lien which hes 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 Bea to 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 Hen while those proceedings an pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that arty part of the Property is subject to a lien which can attain priority aver 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 sattsfy the Len or lake Calor 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 andlo reporting service used by Lender In c oonectlos with this Loan. 5. Property Insurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property Insured against loss by Bre. hazards included within the term "extended coverage; and any other hazards including, but oat 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 Borrowers choice. which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan. either: (al a one-time charge for flood zone determination. acetification and tracking services; or (b) a one-time charge for flood zone determination and certificaton services and subsequent charges each time remappinga or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible far the payment of any fees imposed by the Federal Emergency Management Agency In connection with the review of any flood zone determination resulting from an abjection by Borrower. 3EITLE17-58376 017-6665854 et-0(FM) noon Pp,of 1e BIC I1._ j3 06/10/2014 10:21:09 AM CUMBERLAND COUNTY Fon 3039 1/01 Inst.# 200244204 - Page 6 of 16 If Borrower falls 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 sigallicantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Linder under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amount§ shall bear Interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All Insurance policies required by Lender and renewals of such policies shall be subject to 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 end renewal certificates. If Lender requires, Borrower shall promptly give to Lander all receipts of paid premiums and renewal notices. If Borrower obtains any form of Insurance cmessge, not otherwise required by Lender, for damage to, or destruction of, the Property. such policy shall Include a standard mortgage clause and shall name Lender as mortgagee and/or at as additional loss payee. In the event of loss, Borrower shall give prompt notice to the Insurance Urias and Lender. 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 shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's sadsdlcelon, provided that such Inspection shall be undertakes promptly. Lender may disburse proceeds for the repair and restoration in a single payment or in a series of progress payments as the work is completed, Unless as agreement is made in writing or Applicable Law requires Interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sura secured by this Security Instrumani, whether or not then due, with the eaten, 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 3o 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 Under (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 amounu unpaid under the Note or this Security Instrument, whether or not then due. BEITT817-58376 017-6665854 4.t(p" ►) =OM Anal .r JO "se Form 1035 /tot �1 .7 L, 06/10/2014 10:21:09 AM CUMBERLAND COUNTY Inst.# 200244204 - Page 7 of 16 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence far at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's controL 7. Preservation, Maintenance and Protection of the Property; Inspections.' Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 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 net relieved of Borrower's obligation for the completion of such repels 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. & 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, representedom concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Leader' a Interest In the Property and Rights Under this Security Inmument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture. for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then 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 by sures 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. BEI'1LE77-58376 017-6665854 4:14•4(PA) tocom P.al a et +a 1' , /I Form 3030 trot • '•* 5 08/10/2014 10:21:09 AM CUMBERLAND COUNTY Inst.# 200244204 - Page 6 of 16 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shag bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument Is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless 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 make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equlvaleat 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 nen-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-reftandable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings an 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 make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obilgadoo to pay Interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses ft may than 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 emer 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 requite 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 affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer. the arrangement Is often termed "captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay The Mortgage Insurance, or any other terms of the Loan. Such agreement, will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. BiEIT.LE17-58376 Cite(PA) tonal 06/10/2014 10:21:09 AM 017-6665854 E'; 16 CUMBERLAND COUNTY Form 3039 1101 Inst.# 200244204 - Page 9 of 18 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refired of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds Forfeiter& AU 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 U made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall nes 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, destrucloo, or loss In value is equal to or greater than the amount of the sums secured by this Security Instrument Immediately before the partial taking, destruction, or loss In value. unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total 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 hes value, unless Borrower and Lender otherwise agree in writing, the Miscellanea& 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 mud 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 dvil or criminal. is begun that. in, Lender's Judgment, could result In forfeiture of the Property or other material Impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred. reinstate as provided in Section 18, by causing the action or proceeding to be a= 'LE 7-58376 017-6665854 (s 40PA) locos 06/10/2014 10:21:09 AM Pep mom» 1 'J 7 Form 3039 1/01 CUMBERLAND COUNTY Inst.4 200244204 - Page 10 of 16 dismissed with a ruling that, In Lender's judgment, precludes forfeiture of the Property or other material Impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the Impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a waiver. Extension of the time for payment or modiflation of amortization of the sums secured by Ibis 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 far payment or otherwise modify amortization of the sums secured by this Security instrument by reason of any demand made by the origtatl Borrower or any Successors In Interest of Borrower. Any forbearance by Lender In exercising any right or remedy Including, without limitation, Lender's auepea a of payments from third persons. entities or Successors in interest of !Lima mr. or in amounts less Ilan the amount then dna. shall not be a waiver of or preclude the exerdse of any right or remedy. 13. Joint and Several Liability; Coidgeerm Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligation, and liability shall be join* 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 ear -signer's interest In the Property under the terms of this Security instalmem: (b) is not personally obligated to pay the sums secured by this Security Inanimate and (c) agrees that Lender and any other Borrower can agree to extend, modify. forbear or make any accommodatlam with regard to the terms of thin Security inswment or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in interest of Borrower who assumes Borrower's obligations under this Security instrument in writing: and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security instrument shall bind (except 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 experts authority In this Security instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject Io a law which sets meximu m loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in commit* 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 wielded limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge Is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. IS. 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 instrnme°, shall be deemed to B 1TLE 7-58376 017-6665854 4 „ CalLa(P1v) roman IN PAIS fl or 11 r„I i{J..' .". JJ 49e Fon 3035 1101 06/10/2014 10:21:09 AM CUMBERLAND COUNTY Inst.* 200244204 - Page 11 of 16 have been given to Bortawer when mailed by first class mail or when actually delivered to Bonvwer's notice address If sent by other means. Notice to any ane Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires othenHse. The notice address shall be the Progeny Address unless Borrower hat designated a substitute notice address by notice to Lender. Borrower shall proznpdy 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 spect6ed procedure. There may be only one designated notice address under this Security instrument at any one time. Arty notice to Lender shall be given by delivering U or by mailtog II by first clap trail to Lender's address staled herein unless Lender has designated another address by nodce a Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given 10 Lender until actually received by Lender. If any nodce required by this Security Instrument is also remitted under Applicable Law. the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Canetructfao. This Security Instrument shall be governed try federal taw and the law of the Jurisdiction in which the Property is located. AU rights and obligations contained In this Security buttoned are subject to any requirements and Undisdons of Applicable Law. Applicable Law might explidtly or implicitly allow the panes to agree by coetraa or it might be silent. but suck silence shall not be construed as a prohibition against agreement by connect. In Use event that any provision or clause of Ode Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Secnrlty Instrument or the Nota which as be given effect without the conflicting provision. As used In this Security Instrument: (e) words of the masculine gender shall mesa and include corresponding neuter words or words of the feminine gender; (b) worts in Use singular shall mean and inducts the plural and vice versa; and (c) the word may gives sole dsamion witbout any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Saintly lnsrrumenL 18. Transfer of the Property or a Beneficial Interest in Borrower. As used hs 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 s band for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of dile by Borrower ata future date to a purchaser. If all ar any pan of the Property or any Interest in the Property is sold or uarnferred (or 1f Hammer is not a natural person and a beneildal 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 ads Security Instrument. However, rids option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Leader shall give Borrower notice of acceleradoo. The notice shall provide a period of not less Zhao 30 days from the dab the nodes is given in accordance with Section 15 within which Borrower most pay all sums secured by this Security Instrument. 11 Borrower funis to pay these suns prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Barrowv's Right to Reinstate After Acalreatfon. if Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Sem* Instrument discontinued U any dme prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of.. Borrower's right to reinstate: or (c) entry of a Judgment enforcing this Security Instrument. Those condicor's are that Borrower. (a) pays Lender all sums which then would be doe under this Security Instrument and the Note as 1f no acceleratlen had occurred; (b) aces any default of am other covenants or BEITLE17-58376 017-6665854 t 4(wq mon woes 11 or 11 06/10/2014 10:21:09 AM CUMBERLAND COUNTY ROM 300 1101 Inst.# 200244204 - Page 12 of 16 agteemenls; (c) pays H expenses Mauled in enfardcg tda Seauity Instrument, Including. but ore Ilmiled to, reasonable warner' fees, property inspection and valuation fees. and other fen Inverted far the purpose of protecting Lender's Interest M the Property and rights under this Security Instrument: and (d) taken such action as Lender may reasonably reprice to assure that Lender's Interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by title Security Instrument. shall continue undunged Lender may require that Borrower pay such reinstatement sums and expenses In one or more of the following force. as selected by Lender. (a) ash; (b) money order. (c) certified check bank check, creamer's cheek or cashier's check. provided any such cheek b drawn upon an institution whose deposits are insured by a federal a instrumentality or entity; or (d) Electronic Funds Transfer. Upon rNmtatement by Borrower. thisInstrument and obfgadona secured hereby remain main fully effective u If no acceleration had . However, this right to reinstate shall not apply in the ase of aaelerados under Secdoa 18. 20. Sale of Note; Chang d Loan Servier; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) an be sold one or more times without prior nodce to Borrower. A sale might result In s change In the entriy (Imows n the 'Loan Service") that collects Periodic Payments due under he Note and ihia Security Instrument and performs other mortgage loan servicing obligations under the Note. this Seaulty Instrument. and Applicable Low. Thea also might be one or more changes of the Loan Servicer unrelated to s sale of tbs Note. If that b s change of the Loan Servicer. Borrower will be given women notice of the change welch will stale the name and address of the new Loan Stryker, the address to which payments should lie made and any other information RESPA requires In connection with a noltcs 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 servidng obligations to Borrower will remain with the Loan Service' or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Nas Neither Borrower nor Lender moy commence. John, or be JoinW.. to any Judicial action (as either an Mdlvidual litigant or the member of a clad dud arises from the other party's actions pursuant 10 tints Security instrument or that alleges Ibal the other party has breached my 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 breech and afforded the other parry hereto a reasonable period after the giving of such nodes to take corrective action. If Applicable Law provides a time period which must elapse before certain action an be takes. 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 2Z and the notice of acceIenton given to Borrower pursuant to Seaton 18 shall be deemed to teddy the nodce and opporemlty to tab correcdve action provistool of ibis Section 20. 21. Haardoua Substances. As used In this Section 21: (a) "Hazardous Substances' are those substances defined as toric or hazardous substances, poUuenb, 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 Clearmp' includes airy response action. remedial action, or removal action, u dtdlned in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause. contribute to, or otherwts nigger an Envlronmeoal Cleanup. BEITLI£17-58376 017-6665854 (Mke(R+) emon Oate 13 or (1 . 1 0 0 Farts 9039 1/01 06/10/2014 10:21:09 AM CUMBERLAND COUNTY Inst.# 200244204 - Page 13 of 18 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances oo Of 10 the Property. Borrower ABB nor do, nor allow anyone else to do, anything *fretting the Property (a) that isin violation of any Environmental Law. (b) which creates an EnvironmentalConoIdols or (c) which, due to the presence, use, or release of a Hazardous Substance. creates a condition that adversely affect the value of the Property. The precedlng two sentences shall not apply to tie Presence, use, or storage on the Property of small quantltles of Hazardous Substances that are ggeennerally rrecognized to be appropriate to normal residential uses and to maintenance of the Property (Including. bus nor limited to, hazardous substances In consumer products): Borrower shall promptly give Lender wrinett notice of (a) any tmastlgadon, claim, demand, lamed or other action by any governmental err regulatory agency or private party ionising the Properiy and any Harudous Substance or Environmental Law of which Borrower hu actual knowledge, s, (b) any Environmental Condition, including but not limited to, any spilling, leaking. discharge, release or threat of release of any Haurdora Substance, and (c) any ovndnloa caused by theprele use or release of a Hazardous Substance which adversely affects the value of the Property. if 'learns, or Is nodfled bol gownu* al or regulatory authorltyP ,any rye party dust era removal err nth remedlatioa of Hazardous Substmrr sffecuni the is necessary, Borrower ahaIl ptompdy take all necanury remedial actions In accordance with Envbnnmenal Law. Nothing hereto shall create any obligalfoo on Lender for an Environmental Clean NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Leader hall give notice to Borrower Fier to acceleration following Borrower's breach al any comsat at agreement in this Security Indrumad (bat not prior to acodoretiae under Section 11 untrue App able Law provides otherwise). Lender shall notify Borrows among other things: (a) the de alt; (b) the actlno required to cure the defauk; (c) whoa the defaell muni be cued; end (d) that failure to sue the defiuk ss specified may rack le acxderation al the sums secured by this Security hnaprument, forociosme by judicial proceeding end sale of the Property. Lender shall Bertha intbrm Borrower at the right to to runste after acceleration and the right to avert le the faecloaore proceeding the non-adsteiee of a default or any other defense of Borrower to ee:sebQatico and foreclosure. II the dorsad is out cured u rpeeifed, Lender s1t its option may require immediate payment to MI art all alms heaved by there Smutty Instrument without thriller demand and may fi redone this Security Instrument by judicial proceeding. Lender shall be entitled to collect all cognomen incurred in panful the remedies provided in this Section 22, including, bus not limited to, attorneys' fen and cods of tide 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 his Security Instrument. Borrower shall pay ay recordation Cosa. Lender may charge Borrower a fee for releasing this Security Instrument. but only if the fee b paid to a third party for services rendered and the charging of the fee Ls permitted under Applicable Lew. 24. Waivers. Borrower, to the extent permitted by Appiable Law, waives and releases any error or defects la proceedings to enforce this S lay bnsrromenl, and hereby waives the benefit of any present or future laws providing for stay of execudom, extension of time, exemption from attachment. levy and sale, and homestead exemption. 27. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bldding at a sheriffs sale or other sale pursuant to tide Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Secartty 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 res payable after a udgment ts entered on the Note or In an action of mortgage foreclosure shall be the rate payable front time to time under the Note. 5&ITLE17-58376 017-6665854 04:4;eteA) cow 06/10/2014 10:21:09 AM Poe 14 et IS CUMBERLAND COUNTY on 303e 1101 Inst.# 200244204 - Page 14 of 16 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: AA° 44A- /60-42 (Seal) •Bortvwer (Seal) (Seal) -Borrows -Sommer (Seal) (Seal) airtime: 'emmwver (Seal) (Seal) -ammeter -Borrower 2EITLE17-58376 017-6665854 (�48(R1) toaon 06/10/2014 10:21:09 AM P.plIMu CUMBERLAND COUNTY Form 3030 1101 Inst.# 200244204 - Page 15 of 16 Certificate of Residence Robert Atrbrose . do hereby certify that the correct address of the within -named Mortgagee is 1L30 Berkshire Beulevard, Wyanissim, PA 19610 Witness my hand this 25th day of October, 2002 Robert Antorcee Agent of Montag* COMMONWEALTH OF PENNSYLVANIA, ett,wing**a" County as: On thh, the 02 511,./ day of ‘Pc keatd, , 2/' t' 20 . before me. the undersigned officer. personally appearedJERRY B. RETTLER and CHRISTINA D. Burma known to me (or satisfactorily proven) to be the person(s) whose mune(s) Is/ate subscribed to the within instnunent and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF. 1 hereunto set my hand and official seal. My Commission Expires: Notarial Seal Mary M. Price, Notary Public Ham Cumberland County My Commission Espiraa Aug. 18, 2003 }Val tcf 71tc• Tide d BEITLE17-59376 017-6665854 444,A1 mono 06/10/2014 10:21:09 AM P.g• le., te Form 3030 1/01 I !his h(: 1:0(1 • In (.1:: CUMBERLAND COUNTY Inst.200244204 - Page 16 of 16 CO:'';TY-F 4 PARCEL NO. ' L) ' 01.1.0(/ 1115 '01 JJL 2 P(i 2 99 THIS DEED MADE THE z Z n► day of Tv we in the year of our Lord two thousand and one. BETWEEN TIMOTHY L WEAVER and AUDREY J. WEAVER, husband and wife, of Newburg, Cumberland County, Pennsylvania, Grantors herein, A N D JERRY BEITLER and CHRISTINA D. BiErilER, husband and wife, of Newville, Cumberland County, Pennsylvania, Grantees herein. WITNRV4ETH, that in consideration of FIFTY-NINE THOUSAND AND XX/I00 ($59,000.00) Dollars, in hand pain( the receipt whereof is hereby acknawledged the said grantors do hereby grant and convey to the said grantees, their heirs and assigns. ALL that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Rodney Lee Decker, R.P.L.S., dated November 17, 1993 and recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 67, Page 81. BEGINNING at a point in centerline of Mountain Road at edge of private right-of-way for Lot No. 6; thence along private right-of-way, South 24 degrees 44 minutes 25 seconds East 601.72 feet to a point; thence along Lot No. 6, South 52 degrees 32 minutes 30 seconds West 310.00 feet to a point; thence along Lot No. 8, North 08 degrees 15 minutes 55 seconds West 323.53 feet to a point; thence still along Lot No. 8, North 22 degrees 56 minutes 05 seconds West 365.00 feet to a point in centerline of Mountain Road; thence along centerline of Mountain Road, North 66 degrees 43 minutes 35 seconds East 199.21 feet to a point, the Place of BEGINNING. CONTAINING 3.294 acres and designated as Lot No. 7, Plan of Mountain View Orchard. BEING Tract No. 1 of the same premises that Harry H. Fox, Jr. and Ann G. Fox, his wife, and John H. fox and Cinda L. Fox, his wife, by their deed dated the 23r4 day of June, 1994, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 107, Page 417, granted and conveyed unto TIMOTHY L. WEAVER and AUDREY J. WEAVER, husband and wife, GRANTORS herein. 06/10/2014 10:06:31 AM CUMBERLAND COUNTY NIA. 247 PAtri042 Inst.# 200120888 - Page 1 of 3 Mobile homes are permitted subject to the following restrictions: 1. Such mobile home shall be a minimum of 12 feet in width and 55 feet in length. 2. The mobile home must be kept maintained in a fashion such no dents, rust, broken glass or other such signs of wear or ill repair are visible. 3. Any mobile home placed upon the premises must be properly secured to a foundation in sufficient fashion to withstand severe winds, storms and other weather conditions. 4. Mobile homes must be kept skirted at all times with a durable material and kept in an aesthetically pleasing manner. , 5. Within six months of the placement of any mobile home on the premises, the property owner must plant trees andlor shrubs of an evergreen nature such that within a two year period the mobile home is visually screened from other properties. 6. Such screening must be maintained for as long as the mobile home is on the premises. 7. No junk or unlicensed vehicles. 8. No accumulation of debris, junk, materials or other noxious uses. And the said grantors hereby covenant and agree that they will warrant specially the property hereby conveyed IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals the day and year first above written. Signed Sealed and Delivered in the Presence o 73-4rf� •2� �ri .c as a+ '� a .:• coo en M M it r rJ1 SCF +�^ G.) .? L^ Ci G G LJI [11 �7 +w C? p G C. C) C7 0 O 06/10/2014 10:06:31 AM 4.44 . (SEAL) AUDREYJ YER ...F CJ 'r) "1 ar• CUMBERLAND COUNTY Box 247 PAcFiQ43 Inst.# 200120888 • Page 2 of 3 Commonwealth of Pennsylvania ) ) SS. County of Cumberland ) On this, the % �' S day of e e-. , 2001, before me, the undersigned officer, personally appeared Timothy Weaver and Audrey J. Weaver„ known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and adotowledged that they executed same for the purposes therein contained IN WITNESS WHEREOF, I hereunto set my hand and official seal Kelly S. Baker,Notary pub South Middleton Twp„ Cumberland County My Commission Expires Feb. 7 2004 Monier. Pnnns.+4+•.;;.3 k sserL:Nan of Notaries 1 do hereby certify that the precise residence and c,qnpPlete the within named grantees is ///5 tic.R.f et to ` instal Attorney for a-issi Ire! COMMONWEALTH OF PENNSYLVANL4 ) )S,g County of RECORDED on this day of A.D. 2001, in the Recorder's office of the said County, in Deed Book Vol. . Page Given under my hand and the seal of the said office, the date above written. 06/10/2014 10:06:31 AM to he recorded Recorder. l In Cumberland County PA 0.0 BOOK 247 PAGE1O44 CUMBERLAND COUNTY I\(� nil lli:l V I i.l Inst.# 200120888 - Page 3 of 3 OMB NO. 2502-0285 r A U.S DEPARTMENT Of HOUSING & URBAN DEVELOPMENT SETTLEMENT STATEMENT B. TYPE OF LOAN: CONV. UNINS. 4.OVA 5.00C. INS. 1.OFHA 2.0From 3.Ox NV 8. FILE NUMBER: 22202 7. LOAN NUMBER: 017-6665854 8. MORTGAGE INS CASE NUMBER: C. NOTE: Thio tom la furnished to eve you a statement olacual settlement oasts Amounta palet b and by tin settlement agent am show:. Items marked IPOC7 were paid outside the dosing; they ere shown hen for lnfonnatio vel purposes and Nand Included in the totals t 0 arca I2120.2BEnLEA PP67Ja0.at0► 0. NAME AND ADDRESS OF BORROWER Jerry E. Battler anti Christine D. Sattler 2228 Mountain Road Newburg. PA 17240 E. NAME AND ADDRESS OF SELLER F. NAME AND ADDRESS OF LENDER: Sovereign Bank , 1022 East Lancaster Avenue Rosemom, PA '19010 G. PROPERTY LOCATION: 1115 Mountain Road Newburg, PA 17240 Cumbertand County, Pennlylvenls 11. SETTLEMENT AGENT: 26-0007768 Han& & Knight. P.C. I. SETTLEMENT DATE: Odober 28, 2002 Olsburl.10/30r02 PLACE OF SETTLEMENT 19 Brookwood Avenue, Suite 108 Cathie, PA 17013.9142 J. SUMMARY OF BORROWERS TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER 101. Control Sae Price 401. Contract Sales Price 102. Peraand Property 402. Personal Property 103. Settlement Charges toBorrower (Una 1400) 58,735.48 403. 101. 404. 105. 405. Ad/uannems For Items Pad By SA ar in arNancs Adjustments For gems Paid By Seller U advance 106. County/1WD Taxes lo 408. County/Twp Taxes t0 107. School Taxes to 407. School Taxes to 103. Assessments to 408. Assessments to 109. 409. 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 58,735.48 420. GROSS AMOUNT DUE TO SELLER 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCT1ONs IN AMOUNT DU! TO SELLER: 201. Oepcs& or earnest meaty 501. Excess Deposit (See Instructions) 202. Principal Am0um of New Loan(.) 59,000.00 502. Settlement Chetgea to Seller (Line 1400) 203. EidaUng loan(1) taken subteel to 503. Existing loan(*) taken subject to 204, 504. Payoff of ftrst Mortgage 205. 505. Payof(Of second Mortgage 205. 500. 207, 507. 208. 508. 209. 509. Adjustments For Noma Unpaid By Seller Adjustments For Items Unpaid By Seller 210. County/ Two Taxes to 510. CountylTwp Texts to 211. School Taxes to 511. School Taxes to 212. Assessment' to 512. Assessments to 213. 513. 214. 514. 215. 615. 216. 518. 217. 517. 216, 518. 219. 519. 225 TOTAL P.410 8 VIFOR BORROWER 59,000.00 520. TOTAL REDUCTION AMOUNT DUE SELLER 300. CAM AT SETTLEMENT FROM/TO BORROWER: 800. CASH AT SETTLEMENT TOIFROM SELLER: 301. Grass Amount Oue From Borrower (Lala 120) 58,735.48 601. Gross Amount Due To SelleriLine 420) 302. Less Amount Paid By/For Borrower (Ute 220) ( 59,000.00) 602. Loss Reductions Due Sellar (Lite 5201 ( ) 303. CASH( FROM) ( X 70) BORROWER 284.52 603. CASH( 70)( FROM) SELLER I 0.00 The undersigned hereby acknowledge receipt of a compteted ropy of pages 1E2 of This statement & any attachment' referred to herein. Seller enol 2 L. SETTLEMENT CHARGES 700. TOTAL COMMISSION Based on Price 5 a % PATO FROM B0rua04ERS FUNDS AT SErnEAENT PAD FROL1 SELLERS FUrIDSAT sernEUENT mason of Commission (One 700) es Follows: 701.5 t0 702.5 10 703. Commission Pala at Settlement 704. l0 800.ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan 0r19lnaeon Fee % to 802. Loan 0*aeount % to 803. Appraisal Fee to Aortae Mortgage Group' 275.00 804. Credit Report to Aarmw Mortgage Group 19.08 805. Processing Fee to Aroma Mortgage Group 511.20 808. Commihnent Fee to Sovereign Bank 450.00 807. Assumption Fee to 808. Broker Fee Sovereign Bank to Aarrow Mortgage 51696.25 POC 809, 810. 811. 900. ITEMS REQUIRED BY LENDER TO BE PAID 114 ADVANCE 901. Interest From t0/30N2 to 11/01/02 tip 5 10.052800/day ( 2 days 96) 21.31 902. Mortgage Insurance Premium for months to 903. Hamel Insurance PremiuM For 1.0 years to 904, 805. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance 7.000 months 4g $ 27.61 per month 193.89- 1002. Mortgage triennia* months is 5 per month 1003. County/Twp Tam 10,000 months a 1 10.73 per month 101.30 1004. 5d100l Taxes 8.000 months a $ 47.53 per month 285.18 1005. Assessments months a $ per month . 1906. months w $ per month 1007. menthe ea S oersnonth 1005. Aggregate Adtudm.nt month$ @g S per month .70.85 1100. TI1LE CHARGES -I 1101. Abstractor Tab Seamto 1102. Settlement orClosing Fee t0 1103. DocumentPreoara0on to 1104. Attorney's Fee t0 1105. NotaryFee to Notary Public 5.00 1108. DRS Uen Searches to Manft & Knight, P.C. 1107. T10e Binder Fee to (Includes above nem numbers: 1 1108, Tide Insurance to LTIChianft & Knight, P.G. 551.48 ((Includes above item number 1 1109. Lender's Coverage S 59,000.00 1110.Owner'e Coverage S 69,000.00 1111. Endorsements 100/300/8.1 to LTIC/Hanf1 & Knight P.C. 150.00 1112. Closing Protection Letter to Conestoga Title Insurance Company 35.00 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording Fees: Deed 5 ; Mortgage S 54.50; Releases 5 54.50 1202. City/County Tax/Stamps: Deed ; Mortgage 1203, SatoToe/Stamps: Revenue Stamps :Mortgage 1204. 1205. 1300. ADOf710NAL SETTLEMENT CHARGES 1301. Survey to 1302. Pest Inspection to 1303. Overnight Mall Fee to Hang & Knight, P.C. Pkg/Payofl 41.50 1304. FM Mortgage Payoff to National City Mortgage 58.305.89 1305. 1400. TOTAL SEI7LEMENT CHARGES (Enter on Linea 103, Section J and 502,Soetlon K)f 58.735.40 EY halls ova 1 al IML aoum 4. the )gnaie . aaMe.Mepa ara3331 m s croners.0mpye pegs pear pne Han & Knight, P.C. Settlement Agent Certified to be a true copy. 27/0 212220.2/13) VERIFICATION I Alan L . Norris , verify that I am the Banking Off icer of the Plaintiff in this matter, and that the facts set forth in the attached Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that this statement is made subject to the provisions of 18 Pa.C.S. sec. 4904, relating to unsworn falsification to authorities. Beitler ?/5A4 EXHIBIT "B" Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY —@I -fib y}t�111i, �1 t c r 7/ Sovereign Bank n/k/a Santander Bank, N.A. vs. Jerry E. Beitler (et al.) Case Number 2014-5455 SHERIFF'S RETURN OF SERVICE 09/2l!2014 0.9:42 AM - Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Bryan Copenhaver, boyfriend, who accepted as "Adult Person in Charge" for Christina D Beitler at 9 Wilbert Drive, North Middleton, Carlisle, PA 17013. 1C11/2014 04:51 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person represen ing themselves to be ,e. Defendant, to wit: Jerry E. Beitler at 1115 Mountain Road, Upper Miff Town ip, Newburg, PA 17240. SHERIFF COST: $73.38 SO ANSWERS, October 03, 2014 d15+0' l:;... qi.1 .i 1 tv ° , 3�x�,} vogo: f;4:beL BIW L r; O/AL:s - .., c.7:17-0. 9 (c) CountySudto Sheriff, Teleosolt. Inc. EXHIBIT "C" SOVEREIGN BANK, n/k/a SANTANDER BANK, : N.A. 824 North Market Street, Suite 100 Wilmington, DE 19801 Plaintiff, JERRY E. BEITLER 1115 Mountain Road Newburg, PA 17240 and CHRISTINA D. BEITLER 9 Wilbert Drive Carlisle, PA 17013 Defendants. TO: JERRY E. BEITLER 1115 Mountain Road Newburg, PA 17240 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - Civil Division No. 14-5455 Civil NOTICE OF INTENT TO TAKE DEFAULT PURSUANT TO Pa.R.C.P. 237.1 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 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. EXHIBIT "D" SOVEREIGN BANK, n/k/a SANTANDER BANK, N.A. Plaintiff -v- JERRY E. BEITLER and CHRISTINA D. BEITLER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION No. 14-5455 Civil AFFIDAVIT Brian H. Smith, Esquire, being duly sworn according to law, deposes and says: 1. He represents the Plaintiff in the above -captioned matter, and is authorized to make this Affidavit on behalf of the Plaintiff; 2. Defendants are not in the military service of the United States, nor any state or territory thereof, or its allies, as defined in the Soldiers' and Sailors' Civil Relief Act of 1940, and the amendments thereto; 3. Upon information and belief, the Defendants' last known addresses are 1115 Mountain Road, Newburg, PA 17240, and 9 Wilbert Drive, Carlisle, PA 17013; and 4. Copies of the Complaint filed in this instant matter endorsed with Notices to Defend within twenty (20) days of service thereof were served on Defendants, and Defendants have not filed an answer to the Complaint in this matter, although the time in which to do so has expired. By: Sworn to and subscribed before me this Ok day of tit,4P.v , 2014. d oaca4A4 Public NOTARIAL SEAL MARY L. DePIETRO, Notary Public Lower Makefield Twp, Bucks County My Commission Expires: July 9, 2017 STARK & STARK A Professional Corporation BRIAN H. SMIT • , ESQUIRE Supreme Court I. . No. 65627 777 Township Line Road, Suite 120 Yardley, PA 19067-5559 E-mail: bhsmith@stark-stark.com tel. 267.907.9600 fax. 267.907.9659 Attorneys for Plaintiff VERIFICATION I, Brian H. Smith, Esquire, counsel for Plaintiff, verify that the facts set forth in the foregoing Motion for Judgment are true and correct to the best of my knowledge, information and belief; and that I understand that the foregoing statements are made subject to the penalties of 18 Pa. C.S.A. §4904 related to unsworn falsifications to authorities. Date: Brian H. Smith, Esquire SOVEREIGN BANK, n/k/a SANTANDER BANK, N.A. Plaintiff -v- JERRY E. BEITLER and CHRISTINA D. BEITLER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION : No. 14-5455 Civil CERTIFICATE OF SERVICE I, Brian H. Smith, Esquire, do hereby certify that on the date listed below, I served true and correct copies of the Plaintiff's Motion for Judgment and supporting Memorandum of Law by United States First Class Mail, postage -prepaid upon the following: Jerry E. Beitler, Pro Se 1115 Mountain Road Newburg, PA 17240 Christina D. Beitler, Pro Se 9 Wilbert Drive Carlisle, PA 17013 By: Date: , , 2014 (f) STARK & STARK A Professional Corporation BRIAN H. SMITH, ESQUIRE Supreme Court I.D. No. 65627 777 Township Line Road, Suite 120 Yardley, PA 19067-5559 E-mail: bhsmith@stark-stark.com tel. 267.907.9600 fax. 267.907.9659 Attorneys for Plaintiff r. SOVEREIGN BANK, n/k/a SANTANDER BANK, N.A. Plaintiff -v- JERRY E. BEITLER and CHRISTINA D. BEITLER Defendants FILE.:3-OFFiCE. CF THE PROTHONO TA'r'Cl• 2014 NOV ILI PM 3:1,49 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION No. 14-5455 Civil ORDER AND NOW, this • day of IA rifts*" , 2014, Affidavit(s) of Service of the Complaint in this matter with Notice to Defend having been filed, and no answer having been made by the Defendants, the Court, upon Motion of Plaintiff, hereby ORDERS and DECREES as follows: cc: (1) The mortgage on premises 1115 Mountain Road, Newburg, PA 17240 (the "Premises") recorded with the Cumberland County Recorder of Deeds' Office (the "Recorder") at Mortgage Book 1780, Page 88, is hereby reformed so as to have the metes and bounds legal description of the Premises contained in Defendants' deed to the Premises (recorded with the Recorder at Book 247, Page 1042), attached to the mortgage, with such reformation effective as of the date of execution of the mortgage, October 25, 2002; (2) A certified copy of this Order shall be recorded with the Recorder and indexed in/with the land records concerning the Premises, as evidence of the reformation of the mortgage. BY THE COURT: n H. Smith, Esq. Jerry E. Beitler, Pro Se D. Beitler, Pro Se c4n(Di jeg (11-( (icC H/vici/iY ,f-