HomeMy WebLinkAbout14-5989 Supreme CouffofPennsylvania
COurlt;of Common Pleas For Prothonotary Use Only:
;1�Cover,,S-he'et
Cw ;
r i Docket No: .
CUMBERLAND County
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S
El Complaint 0 Writ of Summons nPetition
0 Transfer from Another Jurisdiction Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
T The Bank of Landisburg Nelson G:Berlin and Sharon L. Berlin
I
El
Dollar Amount Requested: l within arbitration limits Are money damages requested. El Yes 0 No (check one) Ix;outside arbitration limits
O
N Is this a Class Action Suit? r1i Yes E No Is this an MDJAppeal? (] Yes El No
A Name of Plaintiff/Appellant's Attorney: Melanie L.Vanderau, Esquire
El 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
r j Intentional 0 Buyer Plaintiff Administrative Agencies
Malicious Prosecution 0 Debt Collection:Credit Card I❑-, Board of Assessment
E] Motor Vehicle E] Debt Collection:Other 1] Board of Elections
Nuisance E] Dept. of Transportation
Premises Liability Statutory Appeal:Other
S 1i Product Liability(does not include
mass tort) ® Employment Dispute:
E MDSlander/Libel/Defamation Discrimination
C 44 Other: Employment Dispute:Other I_- Zoning Board
I_a Other:
T
I J Other:
O MASS TORT
3 Asbestos
N p Tobacco
E] Toxic Tort-DES
E3 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
(] Toxic Waste fI Ejectment 1 Common Law/Statutory Arbitration
Other: I.=k Eminent Domain/Condemnation C; Declaratory Judgment
El Ground Rent � Mandamus
L=� Landlord/Tenant Dispute g Non-Domestic Relations
0 Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial Quo Warranto
0 Dental El Partition El Replevin
❑� Legal U Quiet Title 0 Other:
E] Medical E Other:
Q Other Professional:
Updated 1/1/2011
Fri.P-0-OFF[CF
2:0014 0CT - Am i f: 3►
CUMBERLAND COUNTY
PENNSYLVANIA
Melanie L. Vanderau, Esquire
Sup. Ct. ID No. 203167
METTE, EVANS & WOODSIDE
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000—Phone
(717)236-1816—Facsimile
mlvanderau@mette.com
Attorneys for Plaintiff
THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSY VANIA
V. NO.
NELSON D. BERLIN and SHARON
L. BERLIN, KNOWN HEIRS OF THE
ESTATE OF ANDREW N. BERLIN,
Deceased and ALL UNKNOWN HEIRS
TO THE ESTATE OF ANDREW N.
BERLIN, Deceased
Defendants
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you and a judgment may be entered against you S ,
by the Court without further notice for any money claimed in the Complaint or for any other
XA
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
34 S. BEDFORD STREET
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
Melanie L. Vanderau, Esquire
Sup. Ct. ID No. 203167
METTE, EVANS & WOODSIDE
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000—Phone
(717) 236-1816—Facsimile
mlvanderau@mette.com
Attorneys for Plaintiff
THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.
NELSON D. BERLIN and SHARON
L. BERLIN, KNOWN HEIRS OF THE
ESTATE OF ANDREW N. BERLIN,
Deceased and ALL UNKNOWN HEIRS
TO THE ESTATE OF ANDREW N.
BERLIN, Deceased
Defendants
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, THE BANK OF LANDISBURG, by its attorneys files this Complaint in
Mortgage Foreclosure pursuant to Pa. R. C. P. §1141 et seq., and in support thereof avers the
following:
I. Plaintiff, The Bank of Landisburg, is a Pennsylvania state chartered bank
("Plaintiff')with an address at 100 North Carlisle Street, Landisburg, PA, 17040.
2. Defendant Nelson Berlin, (the "Berlins"), father of Andrew N. Berlin, deceased,
is an adult individual with an address of 903 Cedar Road, Mechanicsburg, Cumberland County,
Pennsylvania, 17050.
3. Defendant Sharon L. Berlin(the "Berlins), mother of Andrew N. Berlin,
deceased, is an adult individual with an address of 903 Cedar Road, Mechanicsburg, Cumberland
County, Pennsylvania, 17050.
4. The true names and capacities, whether individual, corporate, associate or
otherwise, of the Unknown Heirs to the Estate of Andrew N. Berlin ("The Heirs"), are currently
unknown to Plaintiff.
5. The Berlins and The Heirs are collectively referred to herein as the "Defendants".
Jurisdiction and Venue
6. The Court has jurisdiction over this matter pursuant to 42 Pa. C.S.A. §931(z).
7. Venue is proper under 42 Pa. C.S.A. §931(c) because the subject project is in
Cumberland County.
Backiround
8. Andrew N. Berlin, ("Decedent Borrower") died on or about May 2, 2014 and to
date, no estate has not been submitted to probate in the Cumberland County Register of Will's
Office.
9. On June 7, 2013, Decedent Borrower executed a Promissory Note in the original
principal amount of Eighty Five Thousand Dollars and 00/100 ($85,000.00). A true and correct
copy of the Promissory Note is attached hereto as Exhibit"A" and made a part hereof(the
"Note").
10. Defendants' payment and performance obligations under the Note are secured by
a Mortgage dated June 7, 2013 with Decedent Borrower as Grantor in favor of Plaintiff as
Lender and recorded on June 18, 2013 in the Cumberland County Recorder of Deeds Office at
Instrument Number 201319970. A true and correct copy of the Mortgage is attached hereto as
Exhibit`B" and made a part hereof(the "Mortgage").
11. The real property subject to the Mortgage is 2149 Newville Road, Carlisle,
Cumberland County, Pennsylvania, as is more particularly described in this mortgage (the
"Property").
12. By operation of law, on information and belief, Defendants are the real owner of
the Property.
13. Pursuant to the terms of the Note, Default under the Note occurs when"any
Borrower dies..." (Ex. A. Pg. 1, Default, Death or Insolvency).
14. The indebtedness evidenced by the Note and secured by the Mortgage is in
default due to the death of Borrower.
15. As provided by the Note, "Upon Default, Lender [Plaintiff] may, after giving such
notices ... declare the entire unpaid principal balance under this Note and all accrued unpaid
interest immediately due...." (Ex. A. Pg.1, Lender's Rights).
16. In addition to Defendant's failure to make payment in full as required by the
Note, Defendants have failed to make monthly payment due under the Note since April 25, 2014.
17. Notices of such default and Plaintiff's intent to exercise its right to accelerate
mortgage payments under the Note were mailed to Defendant Nelson Berlin and all Unknown
Heirs of the Estate of Andrew Berlin on July 8, 2014. True and correct copies of the Notices are
attached hereto as Exhibit"C" (collectively the "Notice").
18. As of September 17, 2014, the amount due and owing under the Note is which is
computed as follows:
Principal: $83,350.11
Interest as of 9/17/14: $1,116.71
Charges/Fees as of 9/17/14: $189.89
Attorney's Fees: $500.00
Total: $85,156.71
*Interest accruing at the per diem date of$9.39, costs and attorneys' fees continue to
accrue from September 17, 2014.
19. The attorneys' fees set forth above are in conformity with the Mortgage
documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at
Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be
charged based on work actually performed.
COUNT 1 —MORTGAGE FORECLOSURE
20. The above paragraphs are incorporated herein by reference as if fully set forth.
21. Judgment has not been entered on the Mortgage in any jurisdiction.
22. The Note and Mortgage have not been assigned.
23. Plaintiff is entitled to Judgment in Mortgage Foreclosure
WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter Judgment
in Mortgage Foreclosure in its favor and against Defendants in the amount of$85,156.71, plus
continuing interest at the rate of$9.39 per diem after September 17, 2014, attorneys' fees, costs
and expenses are authorizing the sale of the Property by the Sheriff of Cumberland County on
such Judgment in Mortgage Foreclosure.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By:
Melanie L. Vanderau, Esquire
Sup. Ct. ID No. 203167
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0590
(717) 232-5000—Phone
Attorneys for Plaintiff
Date: October 7, 2014
VERIFICATION
1, Robert W. Lawley, have read the foregoing Complaint in Mortgage Foreclosure and
verify that the facts set forth therein are true and correct according to the best of my knowledge,
information and belief and that I am authorized to executed this Verification on behalf of the
bank.
I understand that any false statement made herein is subject to the penalties of 18 Pa.
C.S.A. §4904, relating to unsworn falsification to authorities.
�-W.
Robert W. Lley, Chief Credit Officer
The Bank of Landis urg
Dated:
738925v1
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PROMISSORY NOTE
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...................... ..... .......
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing"***"has been omitted due to text length limitations.
Borrower: Andrew N.Berlin Lender: The Bank of Landisburg
365 N Locust Point-Rd Shermans Dale Office
Mechanicsburg,PA 17050 P.O.Box 60
Shermans Dale,PA 17090
Principal Amount: $85,000.00 Interest Rate: 4.110% Date of Note: June 7, 2013
Maturity Date: August 31,2035
PROMISE TO PAY. I ("Borrower") promise to pay to The Bank of Landisburg ("Lender"), or order, in lawful money of the United States of
America, the principal amount of Eighty—five Thousand & 00/100 Dollars ($85,000.00), together with interest on the unpaid principal balance
from June 7,2013,calculated as described in the"INTEREST CALCULATION METHOD"paragraph using an interest rate of 4.110%per annum,
until paid in full. The interest rate may change under the terms and conditions of the"INTEREST AFTER DEFAULT"section.
PAYMENT. I will pay this loan in 580 payments of$223.73 each payment. My first payment is due June 21,2013,and all subsequent payments
are due on the same day of every two weeks after that. My final payment will be due on August 31,2035,and will be for all principal and all
accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable taw,payments will
be applied first to any accrued unpaid interest;then to principal;then to any late charges;and then to any unpaid collection costs. I will pay
Lender at Lender's address shown above or at such other place as Lender may designate in writing.
MAXIMUM INTEREST RATE. Under no circumstances will the interest rate on this Note exceed the lesser of 18.000%per annum or the maximum rate
allowed by applicable law.
INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/365 basis; that is, by applying the ratio of the interest rate
over the number of days in a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal
balance is outstanding. All interest payable under this Note is computed using this method.
PREPAYMENT. I agree that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be refunded to me
upon early payment (whether voluntary or as a result of default),except as otherwise required by law. Except for the foregoing, I may pay without
penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my
obligation to continue to make payments under the payment schedule. Rather,early payments will reduce the principal balance due and may result in
my making fewer payments. I agree not to send Lender payments marked "paid in full", "without recourse", or similar language. If I send such a
payment, Lender may accept it without losing any of Lender's rights under this Note, and I will remain obligated to pay any further amount owed to
Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the
payment constitutes "payment in full"of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a
disputed amount must be mailed or delivered to: The Bank of Landisburg,Shermans Dale Office,P.O.Box 60,Shermans Dale,PA 17090.
LATE CHARGE. If a payment is 16 days or more late,I will be charged 5.000%°of the regularly scheduled payment or$2.50,whichever is greater.
INTEREST AFTER DEFAULT. Upon maturity,whether scheduled or accelerated by Lender because of my default,the total sum due under this Note
will continue to accrue interest at the interest rate under this Note. If judgment is entered in connection with this Note, interest will continue to accrue
after the date of judgment at the rate in effect at the time judgment is entered.
DEFAULT. I will be in default under this Note if any of the following happen:
Payment Default. I fail to make any payment when due under this Note.
Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this
Note or in any agreement related to this Note,or in any other agreement or loan I have with Lender.
False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents
is false or misleading in any material respect,either now or.at the time made or furnished.
Death or Insolvency. Any Borrower dies or becomes insolvent;a receiver is appointed for any part of my property;I make an assignment for the
benefit of creditors;or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws.
Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender has a
lien. This includes taking of,garnishing of or levying on my accounts with Lender. However,if I dispute in good faith whether the claim on which
the taking of the property is based is valid or reasonable,and if I give Lender written notice of the claim and furnish Lender with monies or a surety
bond satisfactory to Lender to satisfy the claim,then this default provision will not apply.
Defective Collateralization. This Note or any of the related documents ceases to be in full force and effect (including failure of any collateral
document to create a valid and perfected security interest or lien)at any time and for any reason.
Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial
damage or destruction is not covered by insurance.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor,endorser,surety,or accommodation party of any
of the indebtedness or any guarantor,endorser,surety,or accommodation party dies or becomes incompetent,or revokes or disputes the validity
of,or liability under,any guaranty of the indebtedness evidenced by this Note.
Insecurity. Lender in good faith believes itself insecure.
Cure Provisions. If any default,other than a default in payment is curable and if I have not been given a notice of a breach of the same provision
of this Note within the preceding twelve(12)months,it may be cured if I,after Lender sends written notice to me demanding cure of such default:
(1) cure the default within fifteen(15)days;or (2) if the cure requires more than fifteen(15)days,immediately initiate steps which Lender deems
in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to
produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance
under this Note and all accrued unpaid interest immediately due,and then I will pay that amount.
ATTORNEYS'FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if I do not pay. I will pay Lender that amount. This
includes,subject to any limits under applicable law;Lender's reasoriable attorneys'fees and Lender's legal expenses,whether or not there is a lawsuit,
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LASER PRO Lending,Ver.13.1.0.004 Cop,.Marland Financial S.J.fl S,Inc.1997,2013. All Rights Reserved. -PA c:%di5lrlCFl%LPL1D20FC TR-11671 PR-CONVMORT
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Parcel Identificatidn 002ZUP
Number:
46-18-1400-027A
RECORDATION
REQUESTED BY:
The Bank of Landisburg
Shermans Dale Office
P.O.Box 60
Shermans Dale,PA 17090
WHEN RECORDED MAIL
TO:
The Bank of Landisburg
Shermans Dale Office
P.O.Box 60
Shermans Dale,PA 17090
SEND TAX NOTICES TO:
Andrew N.Berlin
365 N Locust Point Rd
Mechanicsburg,PA 17050 FOR RECORDER'S USE ONLY
MORTGAGE
THIS IS A PURCHASE MONEY MORTGAGE
MAXIMUM LIEN. This Mortgage shall secure unpaid loan advances made after this Mortgage
is recorded. The unpaid principal balance of advances exclusive of interest and other
extensions of credit secured by the Mortgage made for the payment of taxes, assessments,
maintenance charges, insurance premiums and costs incurred for the protection of the
mortgaged premises shall not exceed at any one time$85,000.00.
Amount Secured Hereby: $85,000.00
THIS MORTGAGE dated June 7, 2013, is made and executed between Andrew N. Berlin; As
Sole Owner(referred to below as "Grantor")and The Bank of Landisburg,whose address is
P.O. Box 60,Shermans Dale, PA 17090(referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration,Grantor grants,bargains,sells,conveys,assigns,transfers,releases,
confirms and mortgages to Lender all of Grantor's right,title,and interest in and to the following described real property,
together with all existing or subsequently erected or affixed buildings,improvements and fixtures;all streets,lanes,alleys,
passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances
thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all
water,water rights,watercourses and ditch rights(including stock in utilities with ditch or irrigation rights);and all other rights,
royalties,and profits relating to the real property, including without limitation all minerals, oil,gas,geothermal and similar
matters,(the "Real Property")located in Cumberland County,Commonwealth of Pennsylvania:
See the exhibit or other description document which is attached to this Mortgage and
made a part of this Mortgage as if fully set forth herein.
The Rea) Property or its address is commonly known as 2149 Newville Road, Carlisle, PA
17015. The Real Property parcel identification number is 46-18-1400-027A.
Grantor presently assigns to Lender all of Grantor's right,title,and interest in and to all present and future leases of the
Property and all Rents from the Property. In addition,Grantor grants to Lender a Uniform Commercial Code security interest
in the Personal Property and Rents.
THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
PERSONAL PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF$85,000.00,THE RELATED
DOCUMENTS,AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage is lent to Grantor to acquire title to the Real
Property,this Mortgage shall be a purchase money mortgage under 42 P.S.Section 8141.
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage,Grantor shall pay to Lender all amounts
secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property
shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default,Grantor may (1) remain in possession and control of
the Property; (2) use,operate or manage the Property;and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs,replacements,
and maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of
Grantor's ownership of the Property, there has been no use, generation, manufacture,storage, treatment, disposal,
release or threatened release of any Hazardous Substance by any person on,unifier,about or from the Property; (2)
Grantor has no knowledge of, or reason-to believe that there has been, except as previously disclosed to and
acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,generation,
manufacture,storage,treatment,disposal,release or threatened release of any Hazardous Substance on,under,about
or from the Property by any prior owners or occupants of the Property,or (c) any actual or threatened litigation or
claims of any kind by any person relating to such matters;and (3) Except as previously disclosed to and acknowledged
by Lender in writing, (a).neither Grantor nor any tenant,contractor,agent or other authorized user of the Property shall
use,generate,manufacture,store,treat,dispose of or release any Hazardous Substance on,under,about or from the
Property;and (b) any such activity shall be conducted in compliance with all applicable federal,state,and local laws,
regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its
agents to enter upon the Property to make such inspections and tests,at Grantor's expense,as Lender may deem
appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by
MORTGAGE
Loan No: , _ (Continued) Page 2
Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part
of Lender to Grantor or to any other person. The representations and warranties contained herein are based on
Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and
waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or
other costs under any such laws;and (2) agrees to indemnify,defend,and hold harmless Lender against any and all
claims, losses, liabilities, damages,penalties,and expenses which Lender may directly or indirectly sustain or suffer
resulting from a breach of this section of the Mortgage,or as a consequence of any use, generation, manufacture,
storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property,
whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage,
Including the obligation to indemnify and defend,shall survive the payment of the Indebtedness and the satisfaction and
reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the
Property,whether by foreclosure or otherwise.
Nuisance,Waste. Grantor shall not cause,conduct or permit any nuisance nor commit,permit,or suffer any stripping of
or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing,Grantor will
not remove, or grant to any other party the right to remove,any timber, minerals(including oil and gas),coal,clay,
scoria,soil,gravel or rock products without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without
Lender's prior written consent. As a condition to the removal of any Improvements,Lender may require Grantor to make
arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance
with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and
regulations,now or hereafter In effect,of all governmental authorities applicable to the use or occupancy of the Property.
Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any
proceeding,including appropriate appeals,so long as Grantor has notified Lender in writing prior to doing so and so
long as,In Lender's sole opinion,Lender's interests in the Property are not jeopardized. Lender may require Grantor to
post adequate security or a surety bond,reasonably satisfactory to Lender,to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts,in
addition to those acts set forth above in this section,which from the character and use of the Property are reasonably
necessary to protect and preserve the Property.
DUE ON SALE-CONSENT BY LENDER. Lender may,at Lender's option,declare immediately due and payable all sums
secured by this Mortgage upon the sale or transfer,without Lender's prior written consent, of all or any part of the Real
Property,or any interest in the Real Property. A"sale or transfer"means the conveyance of Real Property or any right,title or
interest in the Real Property;whether legal,beneficial or equitable;whether voluntary or involuntary;whether by outright sale,
deed,installment sale contract,land contract,contract for deed,leasehold interest with a term greater than three(3)years,
lease-option contract,or by sale,assignment,or transfer of any beneficial interest in or to any land trust holding title to the
Real Property,or by any other method of conveyance of an interest in the Real Properly. However,this option shall not be
exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law.
TAXES AND LiENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantor shall pay when due(and in all events prior to delinquency)all taxes,payroll taxes,special taxes,
assessments,water charges and sewer service charges levied against or on account of the Property,and shall pay when
due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the
Property free of any liens having priority over or equal to the interest of Lender under this Mortgage,except for those
liens specifically agreed to in writing by Lender,and except for the lien of taxes and assessments not due as further
specified in the Right to Contest paragraph.
Right to Contest. Grantor may withhold payment of any tax,assessment,or claim in connection with a good faith
dispute over the obligation to pay,so long as Lender's interest in the Property is not jeopardized. If a lien arises or is
filed as a result of nonpayment,Grantor shall within fifteen(15)days after the lien arises or,if a lien is filed,within fifteen
(15)days after Grantor has notice of the filing,secure the discharge of the lien,or if requested by Lender,deposit with
Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to
discharge the lien plus any costs and reasonable attorneys'fees,or other charges that could accrue as a result of a
foreclosure or sale under the lien. In any contest,Grantor shall defend itself and Lender and shall satisfy any adverse
judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any
surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or
assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement
of the taxes and assessments against the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15)days before any work is commenced,any
services are furnished,or any materials are supplied to the Property,if any mechanic's lien,materialmen's lien,or other
lien could be asserted on account of the work,services,or materials. Grantor will upon request of Lender furnish to
Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended
coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
Property in an amount sufficient to avoid application of any coinsurance clause,and with a standard mortgagee clause in
favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably
acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each Insurer containing a stipulation
that coverage will not be cancelled or diminished without a minimum of ten(10)days'prior written notice to Lender and
not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall
include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act,omission
or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of
the Federal Emergency Management Agency as a special flood hazard area,Grantor agrees to obtain and maintain
Federal Flood Insurance,if available,for the full unpaid principal balance of the loan and any prior liens on the property
securing the loan,up to the maximum policy limits set under the National Flood Insurance Program,or as otherwise
required by Lender,and to maintain such insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may
make proof of loss if Grantor fails to do so within fifteen(15)days of the casualty. Whether or not Lender's security Is
impaired,Lender may,at Lender's election,receive and retain the proceeds of any insurance and apply the proceeds to
the reduction of the Indebtedness,payment of any lien affecting the Property, or the restoration and repair of the
MORTGAGE LEGAL DESCRIPTION
d in West Pennsboro Township, Cumberland acco dance with the survey of
ennsylvania, known
All that certain tract of land locate articularly bounded and described in
as Lot No. 6, Plan of D &M Acres, more p
Douglas S. Brehm, R.P.L.S., dated September 26, 1985, as follows:
Orth 00 degrees, 34 minutes, 49 seconds
Beginning at an iron p
in set in the Northern dedicated right-of-way line of the Pennsylvania Route No. 64 ,
L.R. 21091, along lands now or formerly of James Young, thence, lands now or
an iron pin set, a post; thence, along sato Ian d on pin* thence, long ly of said
James Young,
East 135.74 feet to in;
South 87 degrees 25 minutes, 15 seconds West 164.42 feet t ike Interstate No. 76, South 83
Kulp, 01 degrees, 17 minutes, 27 seconds West 304.52 feet to an existing iron p
formerly of Luther E. p the Eastern line of Lot No. 5 of
thence along Southern dedicated ! ast 206.761feet t the
Pon pin; thence, along in; thence,
degrees, 29 minutes, 44 secondsdegrees, 39 minutes, 49 seconds West 135.28
d Plan of Lots, South 03 degrees, 18 minutes, 51 seconds East 271.82 feet to an Iron p
said Pennsylvania 00 9sec Route 641, South
continuing along the Eastern line theNort ern dedicated right -way line of n beginning.
feet to an iron pin; thence, along in, the place
86 degrees, 53 minutes, 48 seconds West, 50.11 feet to an iron PIan is recorded in the Office of the
which p
e Plan
County Plan Book 48, Page 86 (erron
Being all of the Lot NothPlan of Lotss known as D &M Acres, eously stated as Plan Book 86,
Recorder of Deeds of Cumberland
Page 48 in prior deed).
n and numbered as 2149 Nevlville Road, Carlisle,
HAVING THEREON ERECTED a dwelling know
Pennsylvania.
TAX MAP NO. 46-18-1400-27A
(BERLIN.PFD1P.13-09712 0)
MORTGAGE
Loan No: '
\ (Continued) Page 3
Property. If Lender elects to apply the proceeds to restoration and repair,Grantor shall repair or replace the damaged or
destroyed Improvements in a manner satisfactory to Lender. Lender shall,upon satisfactory proof of such expenditure,
pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default
under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender
has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender
under this Mortgage,then to pay accrued interest,and the remainder,if any,shall be applied to the principal balance of
the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness,such proceeds shall be paid
to Grantor as Grantor's interests may appear.
LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests,
encumbrances,and other claims, (B) to provide any required insurance on the Property,or (C) to make repairs to the
Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in
the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be
appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at
the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such
expenses will become a part of the Indebtedness and,at Lender's option,will (A) be payable on demand; (B) be added to
the balance of the Note and be apportioned among and be payable with any installment payments to become due during
either (1) the term of any applicable insurance policy;or (2) the remaining term of the Note;or (C) be treated as a balloon
payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts.
The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be
entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar
Lender from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive
the entry of any mortgage foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this
Mortgage:
Title. Grantor warrants that: (a)Grantor holds good and marketable title of record to the Property in fee simple,free
and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title
insurance policy,title report,or final title opinion issued in favor of,and accepted by,Lender in connection with this
Mortgage,and (b)Grantor has the full right,power,and authority to execute and deliver this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above,Grantor warrants and will forever defend the fitle to
the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions
Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense.
Grantor may be the nominal party in such proceeding,but Lender shall be entitled to participate in the proceeding and
to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be
delivered,to Lender such instruments as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing
applicable laws,ordinances,and regulations of governmental authorities.
Survival of Promises. All promises,agreements,and statements Grantor has made in this Mortgage shall survive the
execution and delivery of this Mortgage,shall be continuing in nature and shall remain in full force and effect until such
time as Grantor's Indebtedness is paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings. If any proceeding in condemnation is filed,Grantor shall promptly notify Lender in writing,and Grantor
shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the
nominal party in such proceeding,but Lender shall be entitled to participate in the proceeding and to be represented in
the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such
instruments and documentation as may be requested by Lender from time to time to permit such participation.
Application of Net Proceeds. if all or any part of the Property is condemned by eminent domain proceedings or by any
proceeding or purchase In lieu of condemnation,Lender may at its election require that all or any portion of the net
proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of
the award shall mean the award after payment of all actual costs,expenses,and attorneys'fees incurred by Lender in
connection with the condemnation.
IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to
governmental taxes,fees and charges are a part of this Mortgage:
Current Taxes,Fees and Charges. Upon request by Lender,Grantor shall execute such documents in addition to this
Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real
Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in
recording,perfecting or continuing this Mortgage,including without limitation all taxes,fees,documentary stamps,and
other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or
upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is
authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on
this type of Mortgage chargeable against the Lender or the holder of the Note;and (4) a specific tax on all or any
portion of the Indebtedness or on payments of principal and interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage,this
event shall have the same effect as an Event of Default,and Lender may exercise any or all of its available remedies for
an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent,or (2)
contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient
corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following prov:slcns relating to this Mortgage as a security
agreement are a part of this Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes
fixtures,and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from
time to time.
Security Interest. Upon request by Lender,Grantor shall take whatever action is requested by Lender to perfect and
continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real property
records,Lender may,at any time and without further authorization from Grantor,file executed counterparts,copies or
reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in
perfecting or continuing this security interest. Upon default,Grantor shall not remove,sever or detach the Personal
Property from the Property. Upon default,Grantor shall assemble any Personal Property not affixed to the Property in a
manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three(3)
MORTGAGE
Loan Nor f (Continued) Page 4
days after receipt of written demand from Lender to the extent permitted by applicable law.
Addresses. The mailing addresses of Grantor(debtor)and Lender(secured party)from which information concerning
the security interest granted by this Mortgage may be obtained(each as required by the Uniform Commercial Code)are
as stated on the first page of this Mortgage.
FURTHER ASSURANCES;ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and
additional authorizations are a part of this Mortgage:
Further Assurances. At any time,and from time to time, upon request of Lender, Grantor will make,execute and
deliver,or will cause to be made,executed or delivered,to Lender or to Lender's designee,and when requested by
Lender,cause to be filed,recorded,refiled,or rerecorded,as the case may be,at such times and in such offices and
places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other
documents as may,in the sole opinion of Lender,be necessary or desirable in order to effectuate,complete,perfect,
continue,or preserve (1) Grantor's obligations under the Note,this Mortgage,and the Related Documents,and (2)
the liens and security interests created by this Mortgage as first and prior liens on the Property,whether now owned or
hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing,Grantor shall
reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph.
Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph,Lender may
do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably
authorizes Lender to make,execute,deliver,file,record and do all other things as may be necessary or desirable,in
Lender's sole opinion,to accomplish the matters referred to in the preceding paragraph. It is understood that nothing
set forth herein shall require Lender to take any such actions.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due,and otherwise performs all the obligations imposed
upon Grantor under this Mortgage,Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and
suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the
Personal Property. Grantor will pay,if permitted by applicable law,any reasonable termination fee as determined by Lender
from time to time.
EVENTS OF DEFAULT. At Lender's option,Grantor will be in default under this Mortgage if any of the following happen:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes
or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien.
Break Other Promises. Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly
in the manner provided in this Mortgage or in any agreement related to this Mortgage.
False Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behalf
under this Mortgage or the Related Documents is false or misleading in any material respect,either now or at the time
made or furnished.
Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect
(including failure of any collateral document to create a valid and perfected security interest or lien)at any time and for
any reason.
Death or Insolvency. The death of Grantor,the insolvency of Grantor,the appointment of a receiver for any part of
Grantor's property,any assignment for the benefit of creditors,any type of creditor workout,or the commencement of
any proceeding under any bankruptcy or insolvency laws by or against Grantor.
Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Grantor's
property in which Lender has a lien. This includes taking of,garnishing of or levying on Grantor's accounts with Lender.
However,if Grantor disputes in good faith whether the claim on which the taking of the Property is based is valid or
reasonable,and if Grantor gives Lender written notice of the claim and furnishes Lender with monies or a surety bond
satisfactory to Lender to satisfy the claim,then this default provision will not apply.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and
Lender that is not remedied within any grace period provided therein, including without limitation any agreement
concerning any indebtedness or other obligation of Grantor to Lender,whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor,endorser,surety,or
accommodation party of any of the Indebtedness or any guarantor,endorser,surety,or accommodation party dies or
becomes incompetent,or revokes or disputes the validity of,or liability under,any Guaranty of the Indebtedness.
Insecurity. Lender in good faith believes itself insecure.
Right to Cure. If any default,other than a default in payment is curable and if Grantor has not been given a notice of a
breach of the same provision of this Mortgage within the preceding twelve(12)months,it may be cured if Grantor,after
Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within fifteen(15)days;or
(2) if the cure requires more than fifteen(15)days,immediately initiates steps which Lender deems in Lender's sole
discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps
sufficient to produce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter,Lender,at
Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or
remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at its option,after giving such notices as required by applicable
law,to declare the entire Indebtedness immediately due and payable.
UCC Remedies. With respect'to all or any part of the Personal Property,Lender shall have all the rights and remedies of
a secured party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right,without notice to Grantor,to take possession of the Property and collect the
Rents,including amounts past due and unpaid,and apply the net proceeds,over and above Lender's costs,against the
Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make
payments of rent or use fees directly to Lender. If the Rents are collected by Lender,then Grantor irrevocably authorizes
Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect
the proceeds. Payments by tenants or other users to Lender in.response to Lender's demand shall satisfy the
obligations for which the payments are made,whether or not any proper grounds for the demand existed. Lender may
exercise its rights under this subparagraph either in person,by agent,or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the
Property,with the power to protect and preserve the Property,to operate the Property preceding foreclosure or sale,and
MORTGAGE
Loan No: (Continued) Page 5
to collect the Rents from the Property and apply the proceeds,over and above the cost of the receivership,against the
indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver
shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount.
Employment by Lender shall not disqualify a person from serving as a receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the
Property.
Nonjudicial Sale. If permitted by applicable law,Lender may foreclose Grantor's interest in all or in any part of the
Personal Property or the Real Property by non—judicial sale.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender
after application of all amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or
Lender otherwise becomes entitled to possession of the Property upon default of Grantor,Grantor shall become a tenant
at sufferance of Lender or the purchaser of the Property and shall,at Lender's option,either (1) pay a reasonable rental
for the use of the Property,or (2) vacate the Property immediately upon the demand of Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at
law or in equity.
Sale of the Property. To the extent permitted by applicable law,Grantor hereby waives any and all right to have the
Property marshalled. In exercising Its rights and remedies,Lender shall be free to sell all or any part of the Property
together or separately,in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any
portion of the Property.
Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal
Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made.
Unless otherwise required by applicable law,reasonable notice shall mean notice given at least ten(10)days before the
time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real
Property.
Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together.
An election by Lender to choose any one remedy will not bar Lender front using achy other remedy. If Lender decides to
spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that
decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies.
Attorneys'Fees;Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage,Lender
shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'fees at trial and upon any
appeal. Whether or not any court action is involved,and to the extent not prohibited by law,all reasonable expenses
Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its
rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date
of the expenditure until repaid. Expenses covered by this paragraph include,without limitation,however subject to any
limits under applicable law,Lender's reasonable attorneys'fees and Lender's legal expenses,whether or not there is a
lawsuit,including reasonable attorneys'fees and expenses for bankruptcy proceedings(including efforts to modify or
vacate any automatic stay or injunction),appeals,and any anticipated post—judgment collection services,the cost of
searching records,obtaining title reports(including foreclosure reports),surveyors'reports,and appraisal fees and title
insurance,to the extent permitted by applicable law. Grantor also will pay any court costs,in addition to all other sums
provided by law.
NOTICES. Unless otherwise provided by applicable law,any notice required to be given under this Mortgage shall be given
in writing,and shall be effective when actually delivered,when actually received by telefacsimile(unless otherwise required by
law),when deposited with a nationally recognized overnight courier,or,if mailed,when deposited in the United States mail,
as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this
Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to
Lender's address,as shown near the beginning of this Mortgage. Any person may change his or her address for notices
under this Mortgage by giving formal written notice to the other person or persons,specifying that the purpose of the notice is
to change the person's address. For notice purposes,Grantor agrees to keep Lender informed at all times of Grantor's
current address. Unless otherwise provided by applicable law,if there is more than one Grantor,any notice given by Lender
to any Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice
from Lender.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with Lender
concerning the matters covered by this Mortgage. To be effective,any change or amendment to this Mortgage must be
in writing and must be signed by whoever will be bound or obligated by the change or amendment.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to
interpret or define the provisions of this Mortgage.
Governing Law. This Mortgage will be governed by federal law applicable to Lender and,to the extent not
preempted by federal law,the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law
provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania.
No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless
Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean.that Lender has given
up that right. If Lender does agree in writing to give up one of Lender's rights,that does not mean Grantor will not have
to comply with the other provisions of this Mortgage. Grantor also understands that if Lender does consent to a request,
that does not mean that Grantor will not have to get Lenders consent again if the situation happens again. Grantor
further understands that just because Lender consents to one or more of Grantor's requests,that does not mean Lender
will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment,
protest,and notice of dishonor.
Severability. If a court finds that any provision of this Mortgage is not valid or should not be enforced,that fact by itself
will not mean that the rest of this Mortgage will not be valid or enforced. Therefore,a court will enforce the rest of the
provisions of this Mortgage even if a provision of this Mortgage may be found to be invalid or unenforceable.
Merger. There shall be no merger of the Interest or estate created by this Mortgage with any other interest or estate in
the Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lender.
Successor Interests. The terms of this Mortgage shall be binding upon Grantor,and upon Grantor's heirs,personal
representatives,successors,and assigns,and shall be enforceable by Lender and its successors and assigns.
Time is of the Essence. Time is of the essence in the performance of this Mortgage.
Loan No: MORTGAGE(Continued)
---- Page 6
DEFINITIONS. The following words shall have the following meanings when used in this Mortgage:
Borrower. The word"Borrower"means Andrew N.Berlin and includes all co-signers and co-makers signing the Note
and all their successors and assigns.
Environmental Laws. The words"Environmental Laws"mean any and all state,federal and local statutes,regulations
and ordinances relating to the protection of human health or the environment, including without limitation the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended,42 U.S.C. Section
9601,et seq.("CERCLA"),the Superfund Amendments and Reauthorization Act of 1986,Pub.L.No.99-499("SARA"),
the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,at seq.,the Resource Conservation and Recovery
Act,42 U.S.C.Section 6901,et seq.,or other applicable state or federal laws,rules,or regulations adopted pursuant
thereto.
Event of Default. The words"Event of Default"mean any of the events of default set forth in this Mortgage in the events
of default section of this Mortgage.
Grantor. The word"Grantor"means Andrew N.Berlin.
Guaranty. The word "Guaranty'means the guaranty from guarantor,endorser, surety, or accommodation party to
Lender,including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
concentration or physical,chemical or infectious characteristics, may cause or pose a present or potential hazard to
human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
transported or otherwise handled. The words"Hazardous Substances"are used in their very broadest sense and
include without limitation any and all hazardous or toxic substances,materials or waste as defined by or listed under the
Environmental Laws. The term "Hazardous Substances"also includes, without limitation, petroleum and petroleum
by-products or any fraction thereof and asbestos.
Improvements. The word"Improvements"means all existing and future improvements,buildings,structures, mobile
homes affixed on the Real Property,facilities,additions,replacements and other construction on the Real Property.
Indebtedness. The word"Indebtedness"means all principal,Interest,and other amounts,costs and expenses payable
under the Note or Related Documents,together with all renewals of,extensions of,modifications of,consolidations of
and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge
Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage,together with
interest on such amounts as provided in this Mortgage.
Lender. The word"Lender"means The Bank of Landisburg,its successors and assigns. The words"successors or
assigns"mean any person or company that acquires any interest in the Note.
Mortgage. The word"Mortgage"means this Mortgage between Grantor and Lender.
Note. The word"Note"means the promissory note dated June 7,2013,in the original principal amount of
$85,000.00 from Grantor to Lender, together with all renewals of,extensions of, modifications of, refinancings of,
consolidations of,and substitutions for the promissory note or agreement. The maturity date of the Note is August 31,
2035.
Personal Property. The words"Personal Property"mean all equipment,fixtures,and other articles of personal property
now or hereafter owned by Grantor,and now or hereafter attached or affixed to the Real Property;together with all
accessions,parts,and additions to,all replacements of,and all substitutions for,any of such property;and together with
all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other
disposition of the Property.
Property. The word"Property"means collectively the Real Property and the Personal Property.
Real Property. The words"Real Property'mean the real property,interests and rights,as further described in this
Mortgage.
Related Documents. The words"Related Documents"mean all promissory notes,credit agreements,loan agreements,
environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral
mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in
connection with the Indebtedness.
Rents. The word"Rents"means all present and future rents, revenues,income, issues, royalties,profits,and other
benefits derived from the Property.
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE,AND GRANTOR AGREES
TO ITS TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE
AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
An rew N Berlin (Seal)
_ CERTIFICATE OF RESIDENCE
I hereby certify,that the precise address of the mortgagee,The Bank of Landisburq,herein is as follows:
Shermans Dale Office,P.O.Box 60,Shermans Dale,PA 17090
Attorney or Age for o ag e
MORTGAGE
Loan No: (Continued) Page 7
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
,A r )SS
COUNTY OF144
On-this,the ` day of J 1!�*'�-�. 20 ,before me
C_V - Yt�K �e , the undersigned Notary Public, personally appeared Andrew N. Berlin, As Sole
Owner, known to me-( r satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he or she executed the same for the purposes therein contained.
In witness whereof,I hereunto set my hand and off' - I seal.
COMMONWEALTH OF PENNSYLVANIA 1 '��"1'��•�-sL
Notarial Seal
Connie J.Zigman,Notary Public Notary Public in and for thSt a of
Camp Hill Boro,Cumberland County
My Commission Expires Nov.l6 7,029
MEmmp,PEmmmAWA.AS=WTON QF-NOTARIES
LASER PRO Lending, Ver. 13.1.0.004 Copr. Harland Financial Solutions, Inc. 1997, 2013. All Rights Reserved. - PA
c:\distr\CFI\LPL\G03.FC TR-11671 PR-CONVMORT
r'
ROBERT P. ZIEGLER
RECORDER OF DEEDS r .
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE .-
CARLISLE, PA 17013
717-240-6370 = "
Instrument Number-201319970
Recorded On 6/18/2013 At 12:21:20 PM *Total Pages-9
*Instrument Type-MORTGAGE
Invoice Number- 139643 User ID-MSW
*Mortgagor-BERLIN,ANDREW N
*Mortgagee-BANK OF LANDISBURG
*Customer-PURITY ABSTRACT COMPANY
*FEES
STATE WRIT TAX $0.50 Certification Page
STATE JCS/ACCESS TO $23.50
JUSTICE DO NOT DETACH
RECORDING FEES - $19.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $15.00 This page is now part
FEES of this legal document.
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $75.00
I Certify this to be recorded
in Cumberland County PA
COMe�
9 n
RECORDER OD EDS
17,0
*
-Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
002ZUP
II I I II I II I I III IIIIIIIII I I III
ACT 91 NOTICE Date: July s, 2014
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information
about the nature of the default is provided in the attached pages.
The HOMEO_WNERS'S MORTGAGE ASSISTANCE PROGRAM(HEMAP)may be able to help to save Your home
This Notice explains how the program works
To see if HEMP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF
THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this
Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons
with impaired hearing can call(717)780-1869)
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit
Counseling Agency may be able to help explain it. You may also want to contact an attomey in your area. The local bar
association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO ENSU
CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE
ARRIBA. PUEDES SER ELEGIBLE PARA UN PRSTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE PROGRAM"EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
HOMEOWNER'S NAME(S):Andrew N Berlin
PROPERTY ADDRESS:2149 Newville:Ro'ad Carlisle, Pa. 17013
LOAN ACCOUNT NUMBER:
ORIGINAL LENDER: The Bank of Landisburg
CURRENT LENDER/SERVICER: The Bank of Landisburg
HOMEOWNERS'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP
YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983
(THE"ACT's,YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTOL.
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE
AGENCY.
TEMPORARY STAY OF FORECLOSURE—Under the Act,you are entitled to a temporary stay of foreclosure on you mortgage for
thirty(30)days from the date of this Notice. During that time you must arrange and attend a"face-to-face"meeting with one of the
consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30)
DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO
DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING
YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the
end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names,
addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is
located are set forth at the end of this NoticeIt i.s only necessary to schedule one face-to-face meeting. Advise your lender
immediately of your intentions.
is in default for the reasons set forth later in this Notice (see
kPPLICATIONS FOR MORTGAGE ASSISTANCE—Your mortgageandareMortgage Assistance
for lem
specific information about the nature of your sdeefacet) if you hHomeowners Emergency Mortgage resolve thin Wi{h one
ave tried
olth the pages ► for financial asstApplication vith the lender, you have the right to appy agencies
:rogram. To do so,you must fill out,sign and
dagenciesle a nplete l st d a the endo this Notice.cOnly consumer he Penns yl an a Housing edit Finance
)f the designated consumer credit counselingapplication to
lave applications for the program and they will assist you ins thirty(3g0) complete
your aceto-face meeting.
4gency. Your application MUST be filed or postmarked within thirty( ) Y +
ST FILE YOUR APPLICATION PROMPTLY.IF YOU FAIL To DO D AGAINST YOUR HOME IMSo OR IF YO MEDIATELYU DO NOT FOLLOW THE OTHER TIME
YOU MU_ AND YOUR
PERIODS SET FORTH IN THIS LETTER,FORECLOSURE
APPLICATON FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION—Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency
AG the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a
under the eligibility criteria established byime, no foreclosure g g of its decision on
rsued against
decision after it receives your application. During that ified die ly by the Pennsylvania Housing Agency u if you have me
the time requirements set forth above. You will be not
our a lication. !,PETITION IN BjkIlly, I
TE:IF YOU ARE CURRENTLY PROTECTED BY THE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEP TO
NO
OF THIS NOTICE IS FOR INFORMATION PURPOSESCOLLECT THE DEBT.
(if you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTAGE DEFAULT Brin it u to dat 2149 Newville Road Carlisle,Pa.
NATURE OF THE DEFAULT—The MORTGAGE debt held by the above lender on your property'
17013
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE THE BI-WEA I�La PAYMENTS23,201,June 6&20,2014,following
July onths 4,2014.and the following
amounts are now past due:April 25,20 Y
Other charges(explain/itemize):
TOTAL AMOUNT PAST DUE:$1,397.63
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION(Do not use if not applicable):
of the date
his notice
y PAYING THE
HOW TO CURE THE DEFAULT—You may cure the default withinTHIRTY
HI TY( 0) D Y S MORTGAGEE t PAYMENTBS AND t LATE
TOTAL AMOUNT PAST DUE TO THE LENDER,WHICH IS$130 DAY PERIOD. The Lender is not required to accept partial
CHARGES WHICH BECOME DUE DURING THE THIRTY ( partial payment shall not obligate the lender to continue to accept
payments of the amount past due, and the acceptance of any p
ial payments in the future. Payments must be made either b cash cashier's check certified check or moneyorder mad-
payments
a e
part p Y
payable and sent to:
The Bank of Landisburg
P.O.Box 179
Landisburg,PA 17040
cure an other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not
You can Y
applicable.) DAYS of the date of the Notice,the
IF YOU DO NOT CURE THE DEFAULT—If you do not cure the default within THIRTY (30)
chance to pay the mortgage in monthly installments. If full payment
tends to exercise its ri hts to accelerate the mortca a debt. This means that the entire outstanding balance to start legal
lender m
debt will be considered due immediately and you may lose DAYS, the lender also intends to instruct its attorney
of the total amount past due is not made within THIRTY (30)
action to foreclose upon our mortgaged aroper�t off the mortgage debt. If
IF THE MORTGAGE IS FORECLOSED UPON—The mortgaged property will be sold le the Sheriff to pay
but you cure the delinquency_before the lender begins legal proceedings against you,
to 50.00. However, if legal
the lender refers your case to its attomeys, fees that were the lender even if they
you will still be required to pay the reasonable attorney's
''sall reasonable attorneys fees actually incurred by
proceedings are started against you,you will have top y
eriod ou will not be re uired to a attorne 's fees.
50.00. Any attorneys fees will be added to theamountount you owe the lender, which may also include other reasona e
exceed $
costs. If ou cure the default within the THIRTY 30
OTHER LENDER REMEDIES —The lender may
also sue you personally for the unpaid principal balance and all other sums due
under the mortgage. cured
CURE THE DEFAULT PRIOR TO SHERIFF'S SALEhe rif ht t you hcure the Beau{andefaevent the shale at t an h time up to
AGIave not
TO fou still have tother then
71d and foreclosure proceedings have begun, ben ast due
fur s an late
before the Sheriffs Sale. You ma dotted with the foreclosure h the Sheriff s Sale
salenand an other costsu connected,
your default n the
finable attome 's fees and costs tonne
in writin b the lender and b erformin an other re uirements under the mortgage.
''orth in this notice will restore your mortgage to the same position as if you had never defaulted.
"-SIBLE SHERIFF'S SALE DATE— It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged
e'be held would be approximately three (3) months from the date of this Notice. A notice of the actual date of the
aie will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait.
c 'find out at any time exactly what the required payment or action will be by contacting the lender.
X,
VV TO CONTACT THE LENDER:
.i' Name of Lender:The Bank of Landisburg
Address: 100 North Carlisle Street
P.O. Box 179
Landisburg, PA 17040
Phone number: 717-789-3213
Fax number: 717-789-4702
Contact person: Hugh B McMillen 1 MLO=#:764480
EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and
your right to occupy it. If you continue to live in theproperty after the Sheriffs Sale, a lawsuit to remove you and your furnishings
and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE—You may not sell or transfer you home to a buyer or transferee who will assume the mortgage
debt, provided that all the outstanding payments,charges and attorney's fees and costs are paid prior to or at the sale and that the
other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM
ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE
THE DEFAULT. (HOWEVER,YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN
ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT
INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
• TO SEEK PROTECTION UNER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
CCCS OF Western PA.,Inc. Loveship, Inc. Maranatha Adams Co Interfaith Housing Authority
2040 Linglestown Road 2320 North Fifth Street 43 Philadelphia Ave. 40 East High Street
Suite 106 Harrisburg, PA 17110 Waynesboro, PA 17268 Gettysburg,PA 17325
Harrisburg,PA 17110
Phone:866-699-2227 Phone:717-232`2207 Phone 717-762-3285 Phone717-334-1518
Huntingdon County Housing Services Comm6nity Action Commission of PHFA
Weatherization Inc. The Capital Region 211 North Front Street
917 Mifflin Street 1514 Derry Street Harrisburg, PA 17110
Huntingdon,PA 16652 Harrisburg, PA 17104 Phone:717-780-3940
Phone:814-643-343 Phone:!717-232-9757 Toll Free:800-342-2397
Toll Free:877-9847462 . Fax:717-234-2227
NICE OF INTENTION TO FORECLOSE MORTGAGE
Loan Number: '
Date of Notice: July 8, 2014
fo: Andrew N. Berlin:
The MORTGAGE held by THE BANK OF LANDISBURG (hereinafter we, us or ours) on your property located
at 2149 Newville Road Carlisle, Pa. 17015 IS IN SERIOUS DEFAULT because you have not made the bi-
weekly payments of$223.37 for the dates of: April 25, 2014, May 9 & 23, 2014, June 6 & 20, 2014 and July 4,
2014.
Late charges and other charges have also accrued to this date in the amount of$310.78. The total amount now
required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is
$1,397.63.
You may cure this default within THIRTY(30) DAYS of the date of this letter, by paying to us the above amount
of$1,397.63 plus any additional monthly payments and late charge which may fall due during this period. Such
payment must be made either by cash, cashier's check, certified check or money order, and made at any Bank
office located at 100 N Carlisle Street, Landisburg, PA 17040, 5125 Spring Road, Shermans Dale, PA 17090, or
242 E Main Street, Blain PA 17006.
If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the
mortgage payments. This means that whatever is owing on the original amount borrowed will be considered
due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full
payment of the amount of default is not made within THIRTY(30) DAYS, we also intend to instruct our attorneys
to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property
will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the
default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees,
actually incurred, up to$50.00. However, if legal proceedings are started against you, you will have to pay the
reasonable attorney's fees even if they are over$50.00. Any attorney's fees will be added to whatever you owe
us,which may also include our reasonable costs. If you cure the default within the thirty-day period, you will not
be required to pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage.
If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still
have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure
sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges
then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform
any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could
be held would be( OCTOBER 31, 2014 ). A notice of the date of the Sheriff sale will be sent to you before the
sale. Of course, the amount needed to cure the default will increase the longer you wait. Your may find out at
any time exactly what the required payment will be by calling us at the following number: 717-789-3213. This
payment must be in cash, cashier's check, certified check or money order and made payable to us at the
address stated above.
You should realize that a Sheriffs sale will end your ownership of the mortgage property and your right to
remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you.
Your have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE
PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM
ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR
TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL
ASSUME THE MORTGAGE DEBT, PROVIDED ALL THE OUTSTANDING PAYMENTS, CHARGES AND
ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER
WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT
CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored to the same position as if no default had occurred.
However, you are not entitled to this right to cure your default more than three times in any calendar year.
(oN80
Title
ACT 91 NOTICE Date: July s, 2014
TAKE ACTION TO SAVE-
YOUR
HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information
about the nature of the default is provided in the attached pages
The HOMEOWNERS'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home
This Notice explains how the program works
To see if HEMP can help,you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF
THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency+
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this
Notice. If you have any questions, you may call the Pennsvlvania Housing Finance Agency toll free at 1-800-342-2397. (Persons
with impaired hearing can call(717)780-1869)
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit
Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar
association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO ENSU
CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE
ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
HOMEOWNER'S NAME(S): Nelson Berlin
PROPERTY ADDRESS:2149 Newville Road Carlisle, Pa.17013
LOAN ACCOUNT NUMBER--'
ORIGINAL LENDER: The Bank of Landisburg
CURRENT LENDERISERVICER: The Bank of Landisburg
HOMEOWNERS'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP
YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983
(THE"ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTOL.
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE
AGENCY.
TEMPORARY STAY OF FORECLOSURE—Under-the Act,you are entitled to a temporary stay of foreclosure on you mortgage for
thirty(30)days from the date of this Notice. During that time you must arrange and attend a"face-to-face"meeting with one of the
consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30)
DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO
DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING
YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the
end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names,
addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is
located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender
immediately of your intentions.
APPLICATIONS FOR MORTGAGE ASSISTANCE—Your mortgage is in default for the reasons set forth later in this Notice (see
following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem
with the lender, you have the right to apply for financial assistance from the Homeowners Emergency Mortgage Assistance
Program. To do so,you must fill out,sign and file a completed Homeowner's Emergency Assistance Program Application with one
of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies
have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance
Agency. Your application MUST be filed or postmarked within thirty(30)days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY.IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME
PERIODS SET FORTH IN THIS LETTER,FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATON FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION—Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency
under the eligibility criteria established by the Act. :The Pennsylvania Housing Finance Agency has sixty (60) days to make a
decision after it receives your application. During that time,no foreclosure proceedings will be pursued against you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on
our application.
NOTE:IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE FOLLOWING PART
OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEPT TO
COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTAGE DEFAULT(Bring it up to date.)
NATURE OF THE DEFAULT—The MORTGAGE debt held by the above lender on your property:2149 Newville Road Carlisle,Pa.
17013
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE THE Bl-WEEKLY PAYMENTS OF$223.37 for the following months and the following
amounts are now past due:April 25,2014,May 9&23,2014,June 6&20,2014,and July 4,2014.
Other charges(explainfitemize):
TOTAL AMOUNT PAST DUE:$1,397.63
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION(Do not use if not applicable):
HOW TO CURE THE DEFAULT—You may cure the default within THIRTY(30) DAYS of the date of this notice BY PAYING THE
TOTAL AMOUNT PAST DUE TO THE LENDER,WHICH IS$1,397.63 PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. The Lender is not required to accept partial
payments of the amount past due, and the acceptance of any partial payment shall not obligate the lender to continue to accept
partial payments in the future. Payments must be made either by cash cashier's check certified check or money order made
payable and sent to:
The Bank of Landisburg
P.0. Box 179
Landisburg,PA 17040
You can cure any other default by taking the following action within THIRTY(30) DAYS of the date of this letter. (Do not use if not
applicable.)
IF YOU DO NOT CURE THE DEFAULT— If you do not cure the default within THIRTY(30) DAYS of the date of the Notice, the
lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this
debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment
of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal
action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON—The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If
the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you,
you will still be required to pay the reasonable attorneys fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you,you will have to pay all reasonable attorney's fees actually incurred by the lender even if they
exceed $50.00. Any attomey s fees will be added to the amount you owe the lender, which may also include other reasonable
costs. If you cure the default within the THIRTY(30)DAY period you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES—The lender may also sue you personally for the unpaid principal balance and all other sums due
under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE—If you have not cured the default within the THIRTY (30) DAY
period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to
one hour before the Sheriffs Sale You may do so by paving the total amount then past due plus any late or other charges then
due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale
.,61%.specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the
m finer set forth in this notice will restore your mortgage to the same position as if you had never defaulted.
h
coY
POSSIBLE SHERIFF'S SALE DATE— It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged
could be held would be approximately three(3) months from the date of this Notice. A notice of the actual date of the
is Sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait.
may find out at any time exactly what the required payment or action will be by contacting the lender.
riOW TO CONTACT THE LENDER:
Name of Lender:The Bank of Landisburg
Address: 100 North Carlisle Street
P.O.Box 179
Landisburg,PA 17040
Phone number: 717-789-3213
Fax number: 717-789-4702
Contact person: Hugh B McMillen/MLO#764480
EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and
your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings
and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE—You may not sell or transfer you home to a buyer or transferee who will assume the mortgage
debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the
other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM
ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE
THE DEFAULT. (HOWEVER,YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN
ANY CALENDAR YEAR.)
• TO.ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT
INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
• TO SEEK PROTECTION UNER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
CCCS OF Western PA., Inc. Loveship, Inc. Maranatha Adams Co Interfaith Housing Authority
2040 Linglestown Road 2320 North Fifth Street 43 Philadelphia Ave. 40 East High Street
Suite 106 Harrisburg, PA 17110 Waynesboro,PA 17268 Gettysburg,PA 17325
Harrisburg,PA 17110
Phone:866-699-2227 Phone:717-232-2207 Phone 717-762-3285 Phone717-3341518
Huntingdon County Housing Services Community Action Commission of PHFA
Weatherization Inc. The Capital Region 211 North Front Street
917 Mifflin Street 1514 Derry Street Harrisburg, PA 17110
Huntingdon, PA 16652 Harrisburg, PA 17104 Phone:717-780-3940
Phone:814-643-343 Phone:717-232-9757 Toll Free:800-342-2397
Toll Free:877-9847462 Fax:717-234-2227
-IOTICE OF INTENTION TO FORECLOSE MO
RTGAGE
Loan Number:
To: Nelson Berlin: Date of Notice: July 8, 2014
The MORTGAGE held by THE BANK OF LANDISBURG (hereinafter we, us or ours
at 2149 Newville Road Carlisle, Pa. 17015 IS IN SERIOUS DEFAULT because You have
Meekly payments of$223.37 for the dates of: April 25 2014, May 9 & 23, 2014 J ) on your property located
2014. Y ve not made the 4,
Late charges and other charges have also accrued to this date in the amount of$310.78.
31 June 6 & 20, 2014 and July a
required to cure this default, or in other words, get caught up in our y
$1,391.63. Y payments, as of the datetof al this lettermount s
You may cure this default within THIRTY(30) DAYS of the date of this letter, by p Y a in
Of$1,397.83 plus any additional monthly payments and late charge which may fall due during this period. Such
Payment must be made either by cash, cashier's check, certified check or money order, and made at any Bank
g to us the above amount
office located at 100 N Carlisle Street, Landisburg, PA 17040, 5125 Spring Road, Shermans Dale, PA 17090, or
242 E Main Street, Blain PA 17006.
If you do not cure the default within THIRTY (30) DAYS, we intend to exercise
mortgage payments. This means that whatever is owing on the original amount borrowed
due immediately and you may lose the chance to pay off the original mart ouncour right it accelerate the
payment of the amount of default is not made within THIRTY(30) DAYS, we also intend to instruct
be considered
to start a lawsuit to foreclose your mortgaged property. If the mortgage is ogee �n monthly installments. If full
will be sold by the Sheriff to pay off the mortgage debt If we refer your case to our attorneys
default before they begin legal proceedings against you, you will still have a closed your mortgaged property
actually incurred, up to$50.00. However, if legal proceedings are started against ur earn ablys, but you cure the
reasonable attorney's fees even if they are over$50.00. Any attorney's fees will the reasonable attorney's fees,
us, which may also include our reasonable costs. If you cure the default within theYou you will have to pay the
be required to pay attorney's fees. II added to whatever you owe
thirty-day period, you will not
We may also sue you personally for the unpaid principal balance and all other sums du
If you have not cured the default within the thirty-day a under the mortgage.
have the right to cure the default and prevent the sale at any time up to one hour before t
Y Y period and foreclosure proceedings have begun, you still
sale. You may do so by paying the total amount of the unpaid month)
then due, as well as the reasonable attorney's fees and costs connected with the foreclosurehe Sheriffs foreclosure
any other requirements under the mortgage. It is estimated that the earliest ymenhs plus any Tate or other charges
be held would be ( OCTOBER 31, 2014asale and lperformcould
sale. d course, the amount needed to cure the default will increase the longerdate that such a Sheriffs sale could
). A notice of the date of the Sheriff sale will be sent to you before the
any time exactly what the required payment will be by calling us at the following number. 717-789-3213.
wait. Your may find out at
payment must be in cash, cashier's check, certified check or money order and made payable address stated above. 7 789-3213. This
p y ble to us at the
You should realize that a Sheriffs sale will end your ownership of the mortgage a e Property and your right to
remain in it. If you continue to live in the property after the Sheriffs safe, a lawsuit could be s
Your have additional rights to het tarted to evict you.
p protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE
PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR
TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYERTO BORROW MONEY FROM
ASSUME THE MORTGAGE DEBT, PROVIDED ALL THE OUTSTANDING PAYMENTS,
ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO ORS THE OR TRANSFEREE WHO WILL
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT U CHARGES AND
WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE SALE, AND THAT THE OTHER
CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. T S TO DETERMINE UNDER
HE RIGHT TO HAVE THIS DEFAULT
If you cure the default, the mortgage will be restored to the same position as if no
-lowever, you are not entitled to this right to cure your default more than three times in an
default had occurred.
/� y calendar year.
e4
T:u_
Fostall berviceTNI 111,S. • •
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(Domestic / - - . •'r cc .• / Coverage Provided)
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a Certified Fee 3.30 ' ` _;; o Certified Fee 3.30 f���—
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Retum Recei t Fee L n , Retum Receipt Fee f-4 r /
0 (Endorsement Required) 2.70 i Here 20144 P',! a (Endorsement Required) 2 i (af e�
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Total Postage&Fees $ 6.48 ��. m Total Postage&Fees $ 6.48 � Vn --
a
Sent To e`] Sent To
� "Unknown Heirs of Borrower" er in ra Nelson Berlin
p Street,Apr:rvo.; p Street,Apt.No.;
orPOBoxNo. 903 Cedar RoadorPOBoxNo• X03 Cedar Road
N
Cityy State,ZIP+4- - --- - - ------------------------------------ Oily State,ZIP+4 - -- -- --- ............._..................
M Mechanicsburg, Pa. 17050
PS Form 3800,August 2006 See Reverse for Instructions i' PS Form 3800, rr.
See Reverse for InstruOd
IM iff!g
■ Complete items 1,2,and 3.Also complete 7Received
�� ❑Agent
item 4 if Restricted Delivery is desired. ,.�"'� ❑Addressee
Print your name and address on the reverseso that we can return the card to you. inted Name) C. Dateffi
in Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 19 ❑ Yes
1. Article Addressed to: If YES,enter delivery address below: ❑No
"Unimown Heirs of Borrower"
.Andrew N Berlin
903Cedar Road
`echanicsburg, Pa. 17050 3. Service Type
IM Certified Mail® O Priority Mail Express'
❑Registered ❑Return Receipt for Merchandise -
❑Insured Mail ❑Collect on Delivery
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7011 3520 2222 9922 6522
(Transfer from service
pS.Form_381�.�July 2013 Domestic Return Receipt
• / / • • ,
E Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. �//�� . ' ❑Agent
o Print your name and address on the reverse X �4' `r✓ /� -��✓ ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Da,tanf Del'v
Attach this card to the back of the mailpiece, _
or on the front if space permits.
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
Nelson Berlin
903 Cedar Road
Mechanicsburg, Pa. 17050 3. Service Type
[.XCertified Mail° ❑Priority Mail Express'"
❑Registered ❑Return Receipt for Merchandise
❑ Insured Mail ❑Collect on Delivery•
4. Restricted Delivery?(Extra Fee) ❑Yes
2• Article Number 7211 3522 0000 9922 6568
(Transfer from service label)
PS Form 3811,July 2013 Domestic Return•Receipt ~'
f{A�
VVI a�
FORM 1 ( j A',,_ f: 0
The Bank of Landisbur9 IN THE COURT OF COMMON PLEAS OF pfr.,.',L<�a�4i%'
CUMBERLAND COUNTY,PENNSYLVANIA '`1 l'
Plaintiff(s)
VS.
Nelson D. Berlin and Sharon L. Berlin, , 1 ��
Known Heirs to the Estate of A. Berlin �/]
Defendant(s) Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer you must take the following steps to be eligible for a
conciliation conference. First,within twenty(20) days of your receipt of this notice,you must contact MidPenn Legal
Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative,
at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal
representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal
representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If
you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will
prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days
of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled,you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender
before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to
be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the
appointment of a legal representative. However,you must provide your lawyer with all requested financial information so that
a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format
attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation
conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out
reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
1
Date Signat re of Counsel for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance,your lender must consider your circumstances to determine
possible options while working with your
Please provide the following information to the best of your knowledge:
APPLICATIONCUSTOMERIPRIMARY
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes❑ No❑ Listing date: Price:$
Realtor Name: Realtor Phone:
Borrower Occupied: Yes❑ No❑
Mailing Address(if different)
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
#of people in household: How long?
CO BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
#of people in household: How long?
INFORMATIONFINANCIAL
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount:$ Included Taxes and Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy?Yes 0 No❑ If yes,provide names,location of court,case number&attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile#1:Model: Year:
Amount owed: Value:
Automobile#2:Model: Year:
Amount owed: Value:
Other transportation(automobiles boats motorcycles): Model:
Year: Amount owed: Value:
Monthly Income
Name of Employers:
1 Monthly Gross Monthly Net
2 Monthly Gross Monthly Net
3 Monthly Gross Monthly Net
Additional Income Description(not wages):
1 Monthly Amount:
2 Monthly Amount:
Borrower Pay Days: Co-Borrower Pay Days:.
Monthly Expenses:(Please only include expenses you are currently pavin�l
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2n Mortgage Utilities
Car Payments) Condo/Neigh. Fees
Auto Insurance Med.(not covered)
Auto fuel/repairs Other Prop. Payment
Install. Loan Payment Cable TV
Child Support/Alim. Spending Money
Day/Child Care/Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income and Expenses:
Have you been working with a Housing Counseling Agency?
Yes❑ No❑
If yes,please provide the following information:
Counseling Agency:
Counselor:
Phone(Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes❑ No❑
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name): Phone:
Servicing Company(Name):
Contact: Phone:
AUTHORIZATION
I/We, , authorize the above
named to use/refer this information to my lender/servicer for the sole
purpose of evaluating my financial situation for possible mortgage options. I/we
understand that I/we am/are under no obligation to use the services provided by the above
named
Borrower Signature Date
Borrower Signature Date
Please forward this document along with the following information to lender and
lender counsel:
V Proof on income
V Past 2 bank statements
V Proof of any expected income for the last 45 days
V Copy of a current utility bill
V Letter explaining reason for delinquency and any supporting documentation
V (hardship letter)
Listing agreement (if property is currently on the market)
V Copy of 2 years of federal income tax returns
V Copy of deed
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
0P• -::G OF ruv!4ER1 F
F,{ E.C-OFFICw
OF THE PRO T HONOT t
2QIROCT 2I PM 2:5C
CUMBERLAND COUNTY
PENNSYLVANIA
The Bank of Landisburg
vs.
Nelson D Berlin (et al.)
Case Number
2014-5989
SHERIFF'S RETURN OF SERVICE
10/09/2014 07:54 PM - Deputy Jamie DiMartile, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Nelson
D Berlin at 903 Cedar Road, Silver Spring, Mechanicsburg, PA 17050.
01/4/),W 'CNRO)1()
IE DIMARTILE, DEPUTY
10/09/2014 07:54 PM - Deputy Jamie DiMartile, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing
a true copy to a person representing themselves to be Nelson Berlin, Husband, who accepted as "Adult
Person in Charge" for Sharon Berlin at 903 Cedar Road, Silver Spring, Mechanicsburg, PA 17050.
E DIMARTILE, DEPUTY
SHERIFF COST: $55.30 SO ANSWERS,
October 15, 2014
(c) CountySuite Sheriff, Teteosoft, !nc_
RONNR ANDERSON, SHERIFF
11: 17
T y
Melanie L. Vanderau, Esquire
METTE, EVANS & WOODSIDE
Sup. Ct. ID No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
mlvanderau@mette.com
Attorneys for Plaintiff
THE BANK OF LANDISBURG,
Plaintiff
V.
NELSON D. BERLIN and SHARON L.
BERLIN, KNOWN HEIRS OF THE
ESTATE OF ANDREW N. BERLIN,
Deceased and ALL UNKNOWN HEIRS
TO THE ESTATE OF ANDREW N.
BERLIN, Deceased,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 14-5989 — Civil
MORTGAGE FORECLOSURE
MOTION TO TERMINATE TEMPORARY STAY
UNDER RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM
The Plaintiff, The Bank of Landisburg ("Plaintiff'), files this Motion to Terminate
Temporary Stay Under Residential Mortgage Foreclosure Diversion Program against Nelson D.
Berlin and Sharon L. Berlin, Known Heirs of the Estate of Andrew N. Berlin, Deceased and All
Unknown Heirs to the Estate of Andrew N. Berlin, Deceased (collectively the "Defendants") as
follows:
BACKGROUND
1. Andrew N. Berlin, ("Decedent Borrower") died on or about May 2, 2014 and to
date, no estate has been submitted to probate in the Cumberland County Register of Will's
Office.
2. On June 7, 2013, Decedent Borrower executed a Promissory Note in favor of
Plaintiff (the "Note").
3. Defendants' payment and performance obligations under the Note are secured by
a Mortgage (the "Mortgage") dated June 7, 2013 with Decedent Borrower as Grantor in favor of
Plaintiff as Lender.
4. The indebtedness evidenced by the Note and secured by the Mortgage is in
default. Defendants have not paid the amount due in full as required by a demand letter dated
July 8, 2014, mailed to the Defendants.
PROCEDURAL HISTORY
5. This action was commenced on October 8, 2014 by the filing of a Complaint in
Mortgage Foreclosure (the "Complaint") by Plaintiff against the Defendants.
6. As required by this Court's February 28, 2012 Administrative Order, a Notice of
Residential Mortgage Foreclosure Diversion Program (the "Notice") was also filed by Plaintiff
for service on the Decedent Borrower's known heirs, Nelson Berlin and Sharon L Berlin, the
parents of Decedent Borrower.
7. The Cumberland County Sheriff's Office advised Plaintiff that they personally
served the known Defendants, Nelson Berlin and Sharon Berlin, with both the Complaint and
Notice on October 9, 2014.
8. As of the date of this filing, Defendants have not filed a Request for Conciliation
Conference with the Court as required by this Court's February 28, 2012 Administrative Order
and, as a result, no Conciliation Conference has been scheduled.
9. The sixty day (60) time limit set forth in the Notice for the filing of a Request for
Conciliation Conference has expired.
10. This Court has authority to terminate the temporary stay under the Residential
Mortgage Foreclosure Diversion Program pursuant to the February 28, 2012 Administrative
Order.
11. No judge has been assigned to this matter nor has ruled upon any other issue in
this matter.
12. Upon information and belief, Defendants are not represented by counsel;
accordingly, Plaintiff's counsel could not seek the concurrence of opposing counsel in
connection with this motion pursuant to Cumberland County Local Rule No. 208.3(a)(9).
WHEREFORE, for the reasons stated above, Plaintiff respectfully requests this
Honorable Court enter an Order terminating the temporary stay under the Residential Mortgage
Foreclosure Diversion Program and permit Plaintiff to proceed in the action.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By:
Date: December 9, 2014
Melani L. anderau, Esquire
Sup. Ct. ID No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the person(s)
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg,
Pennsylvania, with first-class postage, prepaid, as follows:
Date: December 9, 2014
Nelson Berlin
903 Cedar Road
Mechanicsburg, PA 17050
Sharon Berlin
903 Cedar Road
Mechanicsburg, PA 17050
METTE, EVANS & WOODSIDE
By: CIA)j
Melani L. V nderau, Esquire
Sup. Ct. ID No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Attorneys for Plaintiff
I i_;;C'Fii-,FI
VHF PRO - O I_TONG
ri_ T 1 if DEC 15 Pfd 2: 5 0
CUMBERLAND COUNTY
Y
PENNSYLVANIA
THE BANK OF LANDISBURG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
NELSON D. BERLIN and SHARON L.
BERLIN, KNOWN HEIRS OF THE
ESTATE OF ANDREW N. BERLIN,
Deceased and ALL UNKNOWN HEIRS
TO THE ESTATE OF ANDREW N.
BERLIN, Deceased,
Defendants
: DOCKET NO. 14-5989 — Civil
MORTGAGE FORECLOSURE
ORDER
AND NOW THIS iS" day of , 2014, upon consideration of
Plaintiff's Motion to Terminate Temporary Stay Under the Residential Mortgage Foreclosure
Diversion Program, it is hereby ORDERED that the Motion is GRANTED and Plaintiff may
proceed in this action in mortgage foreclosure.
BY THE COURT:
756873v1
Melanie L. Vanderau, Esquire
METTE, EVANS & WOODSIDE
Sup. Ct. ID No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
mlvanderau@mette.com
Attorneys for Plaintiff
THE BANK OF LANDISBURG,
Plaintiff
v.
NELSON D. BERLIN and SHARON L.
BERLIN, KNOWN HEIRS OF THE
ESTATE OF ANDREW N. BERLIN,
Deceased and ALL UNKNOWN HEIRS
TO THE ESTATE OF ANDREW N.
BERLIN, Deceased
Defendants
€ • 3.13
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 14-5989 — Civil
MORTGAGE FORECLOSURE
PRAECIPE TO ENTER DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Please enter judgment by default in the above -captioned matter, in favor of the Plaintiff,
The Bank of Landisburg and against the Defendants, Nelson D. Berlin and Sharon L. Berlin,
Known Heirs of the Estate of Andrew N. Berlin, Deceased and All Unknown Heirs to the Estate
of Andrew N. Berlin, Deceased, for failure to plead to Plaintiff's Complaint in Mortgage
aj,,l_gitp -Di /iiq��
��� 3isati 3
Foreclosure in accordance with Rule 1037(b) of the Pennsylvania Rules of Civil Procedure and
assess Plaintiff damages in the amount of $85,156.71 calculated as follows:
Principal $83,350.11
Interest as of 9/17/14: $1,116.71
Charges/Fees as of 9/17/14: $189.89
Attorney's Fees: $500.00
Total $85,156.71*
*Interest accruing at the per diem rate of $9.39, coats and attorneys' fees continue to
accrue from September 17, 2014.
I hereby certify that the Notices of Default attached hereto as Exhibit "A" were
forwarded on December 17, 2014 to Defendants Nelson D. Berlin and Sharon L. Berlin in
accordance with Rule 237.1 of the Pennsylvania Rules of Civil Procedure. There is no attorney
of record.
By:
Date: January 5, 2015
Respectfully submitted,
METTE, EVANS & WOODSIDE
\,)
Melanie L. anderau, Esquire
Sup. Ct. ID No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiff
Exhibit A
HOWELL C. MrrrE
ROBERT MOORE
CHARLES B. ZWALLY
PETER J. RESSLER
JAMES A. ULSH
JEFFREY A. ERNICO
MARY ALICE BUSBY
KATHRYN L. SIMPSON
METTE, EVANS & WOODSIDE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
THOMAS F. SMIDA 3401 NORTH FRONT STREET
PAULA J. LEICHT P.O. BOX 5950
TIMOTHY A. HOY HARRISBURG, PA 17110-0950
THOMAS A. ARCHER*
HENRY W. VAN ECK IRS NO.
MARK D. HIPP 23-1985005
RONALD L. FINCK
HEATHER Z. KELLY TELEPHONE FACSIMILE
(717) 232-5000 (717) 236.1816
TOLL FREE: 1-800.962-5097
HTTP;//W W W.METTE.COM
December 17, 2014
Nelson D. Berlin
903 Cedar Road
Mechanicsburg, PA 17050
MARK S. SILVER
BERNADETTE BARATTINI
RANDALL G. HURST**
MELANIE L. VANDERAU
AARON T. DOMOTO
BRIAN J. HI KLE
KEVIN J. HAYES
ERIN L PENTZ
JAMES W. EVANS
1926 - 2008
* NEW JERSEY BAR
** MARYLAND BAR
Certificate of Mailing
Re: The Bank of Landisburg v. Nelson D. Berlin and Sharon L. Berlin, Known
Heirs of the Estate of Andrew N. Berlin, Deceased and All Unknown Heirs to
the Estate of Andrew N. Berlin, Deceased
Cumberland County C. C. P.; No.: 14 -5989 -Civil
Dear Mr. Berlin:
Enclosed you will find an Important Notice in the above -referenced matter. Please
respond accordingly.
Very truly yours,
10-,! UNITED S7,TES.. Certificate Of To pa
POSTAL SERVICES Mailing metes
This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing.
This form may be used for domestic and International mail.
From: Melanie L. Vanderau, Esquire
ME'.
TE, EVANS & WOODSIDE
34101 North Front Street
Harrisburg, PA 17110-0950
To:
Nelson D . Berlin
903 Cedai Road
Mechanicsburg, PA 17050
PS Fortr-1 3817, April 2007 PSN 7530-02-000-9065
nie 1. Varrderaua.
o
0
N
Post
00
THE BANK OF LANDISBURG,
Plaintiff
v.
NELSON D. BERLIN and SHARON L.
BERLIN, KNOWN HEIRS OF THE
ESTATE OF ANDREW N. BERLIN,
Deceased and ALL UNKNOWN HEIRS
TO THE ESTATE OF ANDREW N.
BERLIN, Deceased,
Defendants
TO: Nelson D. Berlin
903 Cedar Road
Mechanicsburg, PA 17050
DATE OF NOTICE: December 17, 2014
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 14-5989 — Civil
MORTGAGE FORECLOSURE
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO EN 1FR 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.
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
34 S. BEDFORD STREET
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
Respectfully submitted,
-vdiz,g4
MelanietL Vanderau, Esquire
Sup. Ct. ID No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
Attorneys for Plaintiff
Date: December 17, 2014
6
HOWELL C. MRi i
ROBERT MOORE
CHARLES B. ZWALLY
PETER J. RESSLER
JAMES A. ULSH
JEFFREY A. ERNICO
MARY ALICE BUSBY
KATHRYN L SIMPSON
MET lb, EVANS & WOOD SIDE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
THOMAS F. SMIDA 3401 NORTH FRONT STREET
PAULA J. LEICHT P.O. BOX 5950
TIMOTHY A. HOY HARRISBURG, PA 17110-0950
THOMAS A. ARCHER*
HENRY W. VAN ECK IRS NO.
MARK D. BHP 23-1985005
RONALD L. FINCH
HEATHER Z. KELLY TELEPHONE PACS -MULE
(717) 232-5000 (717) 236-1816
TOLL FREE: 1-800-962-5097
IITTP://WWW-METTE.00M
December 17, 2014
Sharon L. Berlin
903 Cedar Road
Mechanicsburg, PA 17050
MARK S. SILVER
BERNADETTE BARATTINI
RANDALL G. HURST**
MELANIE L. VANDERAU
AARON T. DOMOTO
BRIAN J. BINKLE
KEVIN J. HA'YES
ERIN L. PENTZ
JAMES W. EVANS
1926-2008
* NEW JERSEY BAR
** MARYLAND BAR
Certificate of Mailing
Re: The Bank of Landisburg v. Nelson D. Berlin and Sharon L. Berlin, Known
Heirs of the Estate of Andrew N. Berlin, Deceased and All Unknown Heirs to
the Estate of Andrew N. Berlin, Deceased
Cumberland County C. C. P.; No.: 14 -5989 -Civil
Dear Mrs. Berlin:
Enclosed you will find an Important Notice in the above -referenced matter. Please
respond accordingly.
UNITED STATES Certificate Of
POSTAL SERVICE. Mailing
This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing.
This form may be used for domestic and international mall.
From: Melanie L. Vanderau, Esquire
METTE, EVANS & WOODSIDE
3401 North Front Street
Harrisburg, PA 17110-0950
Very truly yours,
Melanie L. Vanderau
To pay
meter F
03
To:
Sharon L. Berlin
903 Cedar Road
Mechanicsburg, PA 17050
PS Form 381 7, April 2007 PSN 7530-02-000-9065
Post
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THE BANK OF LANDISBURG,
Plaintiff
v.
NELSON D. BERLIN and SHARON L.
BERLIN, KNOWN HEIRS OF THE
ESTATE OF ANDREW N. BERLIN,
Deceased and ALL UNKNOWN HEIRS
TO THE ESTATE OF ANDREW N.
BERLIN, Deceased,
Defendants
TO: Nelson D. Berlin
903 Cedar Road
Mechanicsburg, PA 17050
DATE OF NO IICE: December 17, 2014
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 14-5989 — Civil
MORTGAGE FORECLOSURE
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJEC'T'IONS 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.
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
34 S. BEDFORD STREET
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
Respectfully submitted,
Melanie L Vanderau, Esquire
Sup. Ct. ID No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
Attorneys for Plaintiff
Date: December 17, 2014
758841v1
Melanie L. Vanderau, Esquire
METTE, EVANS & WOODSIDE
Sup. Ct. ID No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
mlvanderau@mette.com
Attorneys for Plaintiff
THE BANK OF LANDISBURG,
Plaintiff
v.
NELSON D. BERLIN and SHARON L.
BERLIN, KNOWN HEIRS OF THE
ESTATE OF ANDREW N. BERLIN,
Deceased and ALL UNKNOWN HEIRS
TO THE ESTATE OF ANDREW N.
BERLIN, Deceased
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 14-5989 — Civil
MORTGAGE FORECLOSURE
CERTIFICATE OF RESIDENCE
I hereby certify that the name and address of the proper person to receive this notice is:
Nelson D. Berlin
903 Cedar Road
Mechanicsburg, PA 17050
Sharon L. Berlin
903 Cedar Road
Mechanicsburg, PA 17050
By:
Date: January 5, 2015
Respectfully submitted,
METTE, EVANS & WOODSIDE
Mel ie L. Vanderau, Esquire
Sup. Ct. ID No. 203167
3401 N. Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiff
Melanie L. Vanderau, Esquire
METTE, EVANS & WOODSIDE
Sup. Ct. ID No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
mlvanderau@mette.com
Attorneys for Plaintiff'
THE BANK OF LANDISBURG,
Plaintiff
V.
NELSON D. BERLIN and SHARON L.
BERLIN, KNOWN HEIRS OF THE
ESTATE OF ANDREW N. BERLIN,
Deceased and ALL UNKNOWN HEIRS
TO THE ESTATE OF ANDREW N.
BERLIN, Deceased
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 14-5989 — Civil
MORTGAGE FORECLOSURE
AFFIDAVIT OF NON-MILITARY SERVICE
I, Melanie L. Vanderau, Esquire, being duly sworn according to law, depose and state
that to the best of my knowledge, information and belief, the Defendants, Nelson D. Berlin and
Sharon L. Berlin are not in the military or naval service of the United States or its allies, or
otherwise within the provisions of the Servicemembers Civil Relief Act of 2003, 50 U.S.C. App.
§501, et seq.
By:
Date: January 5, 2015
761229v1
Respectfully submitted,
METTE, EVANS & WOODSIDE
Me 'e L. Vanderau, Esquire
Sup. Ct. ID No. 203167
3401 N. Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiff
THE BANK OF LANDISBURG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
V.
NELSON D. BERLIN and SHARON L.
BERLIN, KNOWN HEIRS OF THE
ESTATE OF ANDREW N. BERLIN,
Deceased and ALL UNKNOWN HEIRS
TO THE ESTATE OF ANDREW N.
BERLIN, Deceased
Defendants
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 14-5989 — Civil
MORTGAGE FORECLOSURE
ENTRY OF JUDGMENT
You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil
Procedure that Judgment has been entered against you in the amount of $85,156.71 for Plaintiff
The Bank of Landisburg and against Defendants Nelson D. Berlin and Sharon L. Berlin, Known
Heirs of the Estate of Andrew N. Berlin, Deceased and All Unknown Heirs to the Estate of
Andrew N. Berlin, Deceased, together with interest, attorneys fees, costs and expenses from the
date of judgment until paid in full.
Date. )(0 )
Prothonotary
THE BANK OF LANDISBURG,
Plaintiff
v.
NELSON D. BERLIN and SHARON L.
BERLIN, KNOWN HEIRS OF THE
ESTATE OF ANDREW N. BERLIN,
Deceased and ALL UNKNOWN HEIRS
TO THE ESTATE OF ANDREW N.
BERLIN, Deceased
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 14-5989 — Civil
: MORTGAGE FORECLOSURE
NOTICE OF ENTRY OF JUDGMENT
TO: Sharon L. Berlin
903 Cedar Road
Mechanicsburg, PA 17050
You are hereby notified that on January , 2015, Judgment was entered against you
in the above -captioned case.
Date: l Vl t�
Prothonotary
THE BANK OF LANDISBURG,
Plaintiff
v.
NELSON D. BERLIN and SHARON L.
BERLIN, KNOWN HEIRS OF THE
ESTATE OF ANDREW N. BERLIN,
Deceased and ALL UNKNOWN HEIRS
TO THE ESTATE OF ANDREW N.
BERLIN, Deceased
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 14-5989 — Civil
MORTGAGE FORECLOSURE
NOTICE OF ENTRY OF JUDGMENT
TO: Nelson D. Berlin
903 Cedar Road
Mechanicsburg, PA 17050
You are hereby notified that on January
in the above -captioned case.
Date: 1 k0 114
, 2015, Judgment was entered against you
Prothonotary