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HomeMy WebLinkAbout14-7028 `t Supreme Court of-Pennsylvania COUrCOm1110> Pleas For Prothonotary Use Only: T 1. ' F�.3Y Iq1� Gi7f, CiV><1 Co e iSheet Docket No: ST, CUMBER ANDS f County The information collected on this.fbrm is used soler-for court admirristrulion purposes. This fibrin does not supplement or repluce the filing and service of pleadings or other papers cis required by law or rules of court. Commencement of Action: S ED Complaint 0 Writ of Summons 0 Petition Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: GREEN TREE SERVICING LLC DORINE A. BOLLINGER T Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? 0 Yes El No (check one) ix outside arbitration limits O N Is this a Class Action Suit? Q Yes 2 No Is this an MDJAppeal? Yes El No A Name of Plaintiff/Appellant's Attorney: POWERS, KIRN &ASSOCIATES, LLC. 0 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 snore than one type of claim,check the one that you consider most important. TORT(do not include A9ass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional (] Buyer Plaintiff Administrative Agencies I❑_ Malicious Prosecution Q Debt Collection:Credit Card El Board of Assessment 0 Motor Vehicle Debt Collection:Other ] Board of Elections (] Nuisance E] Dept.of Transportation Q Premises Liability 0 Statutory Appeal:Other S (] Product Liability(does not include F. mass tort) Q Employment Dispute: El Slander/Libel/Defamation Discrimination C 0 Other: Employment Dispute: Other 0 Zoning Board Q Other: ,I, I Other: O MASS TORT Asbestos N 0 Tobacco 0 Toxic Tort-DES [-] Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste [3 Ejectment �_ Common Law/Statutory Arbitration Other: ' 0 B 0 Eminent Domain/Condemnation E] Declaratory Judgment El Ground Rent [] Mandamus Landlord/Tenant Dispute E] Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial Quo Warranto C] Dental Partition Replevin 0 Legal Quiet Title 0 Other: Q Medical Q Other: Other Professional: Updated 1/1/2011 V 7 - POWERS,KIRN&ASSOCIATES,LLC - Jill Manuel-Coughlin,Esquire Id.No.63252 Jolanfa Pekalska,Esquire Id.No.307968 Harry B.Reese,Esquire Id.No.310501 Daniel C.Fanaselle,Esquire Id.No.312292 Matthew J.McDonnell,Esquire Id.No.313549 Eight Neshaminy Interplex Suite 215 Trevose,PA 19053 (215)942-2090 ATTORNEYS FOR PLAINTIFF GREEN TREE SERVICING LLC COURT OF COMMON PLEAS 345 ST.PETER STREET 1100 LANDMARK TOWERS C17VIL DIVISION ST. PAUL,MN 55102 CUMBERLAND COUNTY PLAINTIFF NO. ( �- �� a8 ✓1 VS. COMPLAINT IN DORINE A. BOLLINGER MORTGAGE FORECLOSURE 782 ALLENVIEW DRIVE MECHANICSBURG,PA 17055 DEFENDANT 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S.Bedford Street O Carlisle,PA 17013 , C 717-249-3166 800-990-910808 r� /� 3itJ yao6 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE,BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.0 § 1692 et seq. (1977), DEFENDANT(S)MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S)DO SO IN WRITING WITHIN THIRTY(30)DAYS OF RECEIPT OF THIS PLEADING,COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S)WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY(30)DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30)DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY(20)DAYS,YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE,NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY(30)DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY(30)DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE)TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. POWERS,KIRN&ASSOCIATES,LLC Jill Manuel-Coughlin,Esquire Id.No. 63252 Jolanta Pekalska,Esquire Id.No. 307968 Harry B.Reese,Esquire Id.No. 310501 Daniel C.Fanaselle,Esquire Id.No. 312292 Matthew J.McDonnell,Esquire Id.No. 313549 Eight Neshaminy Interplex Suite 215 Trevose,PA 19053 (2.15)942-2090 ATTORNEYS FOR PLAINTIFF GREEN TREE SERVICING LLC COURT OF COMMON PLEAS 345 ST. PETER STREET 1100 LANDMARK TOWERS CIVIL DIVISION ST. PAUL,MN 55102 CUMBERLAND COUNTY PLAINTIFF NO. VS. COMPLAINT IN DORINE A. BOLLINGER MORTGAGE FORECLOSURE 782 ALLENVIEW DRIVE MECHANICSBURG,PA 17055 DEFENDANT CIVIL ACTION MORTGAGE FORECLOSURE 1. Green Tree Servicing LLC(hereinafter referred to as"Plaintiff') is an institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption above. 2. Upon information and belief,Dorine A Bollinger(hereinafter referred to as"Defendant") is an adult individual residing at 546 Hummel Avenue Lamoyne,PA 17043. 3. Dorine A Bollinger is the Record Owner of the mortgaged property located at 782 Allenview Drive,Mechanicsburg, PA 17055. (Hereinafter the"Property").A copy of the Legal Description attached hereto as Exhibit"A"and made a part hereof. 4. On February 23, 2006,Dorine A Bollinger executed a Note in the original principal amount of$139,000.00 payable to American Home Mortgage in monthly installments with interest thereto at the rate of 7.000% as provided in the Note(hereinafter the "Note").A copy of the Note is attached hereto as Exhibit`B"and made a part hereof. 5. To secure the aforesaid Note,Dorine A Bollinger mortgaged to Mortgage Electronic Registration Systems, Inc. as Nominee for American Home Mortgage the property which is the subject of this action(hereinafter referred to as"Mortgage"). The Mortgage, dated February 23,2006,was recorded on February 27, 2006 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1941,Page 2695 in the original amount of$139,000.00. A copy of the Mortgage is attached hereto as Exhibit"C"and made a part hereof. 6. Plaintiff, directly or through an agent,has possession of the promissory note. The promissory note has been duly endorsed. 7. Plaintiff is the Mortgagee of record by virtue of the following mergers and/or assignments: a. From Mortgage Electronic Registration Systems, Inc. as Nominee for American Home Mortgage To Bank of America, N.A., Successor By Merger To BAC Home Loans Servicing LP FKA Countrywide Home Loans Servicing LP recorded on August 13, 2012 in the Office of Recorder of Deeds in Cumberland County, Instrument#201224396. ". b. From Bank ofAmerica, N.A, Successor By Merger to BAC Home Loans Servicing, LP, FKA Countrywide Home Loans Servicing LP, To Green Tree Servicing LLC, recorded on March 19, 2014 in the Office of Recorder of Deeds in Cumberland County, Instrument 9 201405579. Copies of the Assignments of Mortgage are attached and made apart hereof as Exhibit "D„ 8. The Mortgage is now in default due to the failure of Defendant to make payments as they become due and owning. The date of Defendant's default is October 1,2012. y 9. As a result of the default,the following amounts are due: Principal Balance $127,481.75 Interest from 09/01/2012 to 11/6/2014 $19,457.15 Accumulated Late Charges $554.76 Corporate Advance $4,065.12 Escrow Balance $9,965.19 Cost of Suit/Title Search $550.00 Attorney's Fees $2,350.00 TOTAL $164,423.97 plus interest from 11/7/2014 at$24.45 per day, costs of suit and attorney's fees. 10. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriff's Sale. If the Mortgage is reinstated prior to the sale,reasonable attorney's fees will be charged. 11. Notice of Intent to Foreclose as set forth in Act of 1974,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and Notice of Default as required by the mortgage document, as applicable,have been sent to the Defendant on May 22, 2013.A copy of the Notice is attached and made a part hereof as Exhibit`B"and made a part hereof. 12. This is an in rem action only against the aforesaid Property.Plaintiff is not seeking a judgment of personal liability against the Defendant, but reserves its right to do so in a separate legal action if such right exists. w WHEREFORE,Plaintiff requests the Court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendant, in the sum of$164,423.97,together with interest from November 7, 2014 at$24.45 per day,costs of suit and attorney's fees. POWERS,KIRN&ASSOCIATES,LLC BY: ❑ Jill Manuel-Coughlin,Esquire Id.No. 63252 ❑ Jolanta Pekalska,Esquire Id.No. 307968 ❑ Harry B. Reese,Esquire Id.No. 310501 .X1-Daniel C.Fanaselle,Esquire Id.No. 312292 ❑ Matthew J.McDonnell,Esquire Id.No. 313549 Attorneys for Plaintiff Date: EXHIBIT "A" i EXHIBIT "A" BOLLINGER 424-60168 if ALL THAT CERTAIN tract or parcel of land and premises, situate,lying and being in the Township of Upper Allen,in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a Plan by Rogers and Frederick dated July 4, 1981,with revisions through and including September 8, 1982, as follows, to wit: ALL THAT land in Stage III, Section B, Townhouse Plots No. 3-C, being more particularly described on said Plan and recorded in Plan Book 42, Page 69, and being designated on said Plan as Lot No. 3-C, and also known as 782 Allenview Drive,Mechanicsburg, Pennsylvania. UNDER AND SUBJECT to the Declaration.of Covenants and Restrictions dated September 8, 1982, and recorded September 2, 1982, in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania in Miscellaneous Book 280, Page 81. BEING THE SAME PREMISES which Ira R. Kerr and Barbara K. Kerr by Deed dated July 9, 1998, and recorded July 13, 1998, in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania in Deed Book 181,Page 372,granted and conveyed unto Erin Rowan and Timothy S. Myers. AND THE SAID Erin Rowan has since married Timothy S. Myers and is now known as Erin Myers. I BK 194 1 P6 2 7 1 1 EXHIBIT "B " CRPRDNRBS43b 10/16/2012 2 :24 : 30 PM PAGE 12/097 888-294-5658 S 0 NOTE February 23, 2006 Harrisburg Pennsylvania [Datel fcLLyl [state] 782 A11enview Drive, Mechanicsburg, PA 17055 [property Address] I. BORROWER'S PROWSE TO PAY In return for a loan that I have received,I promise to pay U.S.$ 139,000.00 (this amount is called"Principal"), plus interest, to the order of the Lender.The Tender is American Home Mortgage I will make all payments under this Note in the form of rash,check or money order- ]understand that the Lender may transfer Otis Note.The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Holder. Interest will be charged on unpaid principal until the full amount of Principal has been paid.I will pay interest at a yearly rate of -7,000 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(13) of this Note. 3. PAYMENTS (A)Time and Place of Payments I will pay principal and interest by making a payateat every month. I will make my monthly payment on the 1st day of each mouth beginning on April 1, 2006- I Will make these payments every month until 1 have paid all of the principal and interest and any other charges described below that I may owe tinder this Note.Each monthl,payment will be applied as of its scheduled due date and will be applied to interest before Principal. If,on March 1, 2036 ,1 still owe amounts under this Note,I will pay those amounts in full on that date,which is called the "Maturity Date." Twill make my monthly payments at PO Box 660029, Dallas; TX 75266-0029 or at a different place if required by the Note Holder. (S)Amount of Monthly payments My monthly payment will be to the amount of U.S.$ 924.77 4. BORROWER'S RIGEIT TO PREPAY I have the right to make payments of Principal at any time before they are due.A payment of Principal.only is known as a "Prepayment."When I make a Prepayment,I will tell the Note Holder in writing that I am doing so.I may not designate a payment as a Prepayment if 7 have not made all the monthly payments due under the Note. I may make a full prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that i owe under this Note.However,the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount,before applying my prepayment to reduce the Principal amount of the Note.If I make a partial Prepayment, there will be no changes in the due date or iA the amount of my monthly payment unless the Note Holder agrees in writing to those changes. DOC 1:316691 APDL #:0001179249 MULTISTATE FUMD RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNVORM INSTRUMENT UN31 0005 Qvs (ODDS) Form 3200]/01 I 1 r�{'■E ■■�muury VAiP MORTGAGE FORMS-(800A1I-7291 rap 1 ffi 3 ltdflnia 1{ 'I CRPRDNRBS43b 10/16/2012 2 :24 : 30 PM PAGE 14/097 888-294-5658 0 S. LOAN CRAI2GES If a law,which applies to this loan and which sets Maximum Ioan charges,is finally interpreted so that the interest or other loan charges collected or to be,collected in connection with this loan exceed the permitted limits,thea: (a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing. the Principal I owe under this Note or by making a direct payment to me.If a refund reduces Principal,the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQCJIIM (A)We Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the cad of 15 calendar days after the date it is due,I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 %of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B)Default If I do not pay the full amount of each monthly payment on the date it is due,I will be in default. (C)Notice of Default If I am in defau% the Note Holder may send me a written notice telling nae that if I do not pay the.overdue amount by a certain date,the Note Holder may require the to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount That date must be at least 30 days after the date on which the notice is mauled to me or delivered by other means. (i))No Waiver By Note Holder Even if,at a time when I am in default,the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E)Payment of Mute Holder'sCosts and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include,for example,reasonable attorneys'fees. 7. GIVING OF N0710ES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Molder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Sectioa 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than ane person signs this Note,each person is fully aad personally obligated to keep all of the promises made in this Note,including the promise to pay the full amount owed. Any person who is a guarantor,surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note,is also obligated to keep all of the promises made in this Note.The Note Molder may enforce its rights under this Note against each person individually or against all of us together.This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment"means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. DOC 6:316692 APDL 16:0001174248 Form 3 �®S1V {otos) Page 2 o(3 t�aotsa L1\oi.�fJ--._ CRPRDNRBS43b 10/16/2012 2 :24 :30 PM PAGE 16/097 888-294-5658 14. UNIFORM SECURED NO'T'E This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note,a Mortgage,Deed of Trust,or Security Deed(the "Security Instrument"),dated the same date as this Note,protects the Nate Holder from possible losses which might result if I do not hep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is said or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without bender's prior written consent, Lender may require immediate paymeat in full of all sums secured by this Security losttumenL However, this option shall not be exercised by Leader if such exercise is prohibited by Applicable Law. If Lender exercises this option, Y.ender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must.pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period,.Leader may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. ' 11WESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. (Seal) (Seal) Dorine A Bollinger -Borrower -Borrower (seal) ?rte (Seal) Borrower Borrrnrer o_ (Seal) g (Seal) -Borrower v -Borrower i (Seal) (Seal) •Borrowcr ower PAYTTITHE OROMOF GoUnl ttywide Bumf, � !� original ofiayl auMEMO RAM R0M nRrcRCE t YNCN 11 SEEREFARI DOC #:316693 ADPL #:0801174248 -5N g10as) r"gm d 3 Farm 3300 1/01 XHIBIT "C" v U F. LIEGL.ER nG'-""RnEfi OF DEEDS CU'N,QERLAt;1 COUNTY-PA LiINS FES 27 R( 10 sp RECALL N. CA. FILE N0. �- • ll1N1111111((f(ff(((1111(Ifll((l((Nil(fff1111(1l�flfll((1(fllll(illll . Prepared By: F0120003376237 Maria Gottas 6 Commerce Drive Cranford, NJ 07016 JJ J J (908) 276_7500 �!�l11l11 Il�llllllJ j! Return To: 10 �1�lil1l� j( 1 11��1�1�1JJj JJJ American Home Mortgage a e 0325 �f!!tj! 520 Broadhollow Road "` D2 001 002 Melville, NY 11747 (516)949-3900 Parcel Number: 42-28-2423-288 Premises: (Space Above This Line For Recording Data] MORTGAGE MIN DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3,11, 13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document,which is dated February 23, 2006 together with all Riders to this document. (B) "Borrower" is Dorine A Bollinger, an unmarried person Borrower is the mortgagor under this Security Instrument. (C) "MFRS" is Mortgage Electronic Registration Systems,Inc. MERS is a separate corporation that is acting solely as a nominee for bender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MFRS is organized and existing under the laws of Delaware,and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888)679-MERS. DOC #:324241 APPL ;:D001174248 PENNSYLVANIA -Single Family -Fannie MaeJFreddle Mac UNIFORM INSTRUMENT WITH MFRS .6A(PA) 055 Form 3039 1/01 P ]d 16 U1431 9912 1111(1111111111111111111111111111 VAfI'MoatgW Solution,loc.(81pyS21-'x291 BK 1941 P62695 f 4 � (D) "Lender" is American Home Mortgage Lender is a Corporation organized and existing under the laws of State of New York Lender's address is 538 Broadhollow Rd, Melville, NY 11747 (E) "Note" means the promissory note signed by Borrower and dated February 23, 2006 The Note states that Borrower owes Lender One Hundred Thirty Nine Thousand and No/100 Dollars (U.S. $ 139,000.00 )plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than March 1, 2036 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (A) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: ED Adjustable Rate Rider EJ Condominium Rider F-1 Second Home Rider Balloon Rider ®Planned Unit Development Rider El 1-4 Family Rider El VA Rider E-1 Biweekly Payment Rider E-1 Other(s)[specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. () "Community Association Dues, Fees,and Assessments" means all dues, fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds,other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal,telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone,wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (N)"Miscellaneous Proceeds" means any compensation, settlement,award of damages,or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Sectioti 5) for: (i) damage to,or destruction of,the Property;(i1)condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or(iv) misrepresentations of,or omissions as to,the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of,or default on,the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for(i) principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. DOC 4:324242 APPL 4`:0001174248 Q0-"(PA) (DJOZj Page 2 x116 Form 3039 1/01 ou1941PG2696 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C.Section 2601 et seq.) and its implementing regulation,Regulation X(24 C.F.R.Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter.As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender:(i)the repayment of the Loan, and all renewals,extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage,grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County (Type of Recording Jurisdiction] of Cumberland [Name of Recording Jurisdiction]: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT PROPERTY ALSO BEING IN THE TOWNSHIP OF UPPER ALLEN. which currently has the address of 782 Allenview Drive Mechanicsburg (city],Pennsylvania 17055 [Street) ("Property Address"): Y (zip code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument.All of the foregoing is-referred to in this Security Instrument as the "Property."Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument,but,if necessary to comply with law or custom,MERS(as nominee for Lender and Lender's successors and assigns) has the right:to exercise any or all of those interests,including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to,releasing and canceling this Security Instrument. DOC #:324243 APPL 4:0001174248 Initieln:�` . 40.6A(PA) (0502) rap s of 16 Form 3039 1/0I BK 1941 PG2697 } f BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency.However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms,as selected by Lender: (a) cash; (b) money order; (c)certified check,bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality,or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current.Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future,but Lender is not obligated to apply such payments at the time such payments are accepted.If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current.If Borrower does not do so within a reasonable period of time,Lender shall either apply such funds or return them to Borrower.If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2.Application of Payments or Proceeds.Except as otherwise described in this Section 2,all payments accepted and applied by Lender shall be applied in the following order of priority:(a)interest due under the Note;(b)principal due under the Note; (c)amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due.Any remaining amounts shall be applied first to late charges,second to any other amounts due under this Security Instrument,and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the late charge.If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be paid in Doc 9:324244 APPL #:0001174248 7oiiids: ®-6A(PA) MM P.P a at to Form 3039 1/01 Bl{ 1941P62698 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount,of the Periodic Payments. 3.Funds for Escrow Items.Borrower shall pay to Lender on the day Periodic Payments are due under the Note,until the Note is paid in full, a sum (the "Funds")to provide for payment of amounts due for:(a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property;(b) leasehold payments or ground rents on the Property,if any; (c)premiums for any and all insurance required by Lender under Section 5;and (d)Mortgage Insurance premiums,if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.These items are called "Escrow Items."At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments,if any,be escrowed by Borrower,and such dues,fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time.Any such waiver may only be in writing. In the event of such waiver,Borrower shall pay directly,when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and,if Lender requires,shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and,upon such revocation,Borrower shall pay to Lender all Funds,and in such amounts,that are then required under this Section 3. Lender may,at any time,collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency,instrumentality, or entity (including Lender,if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge.Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds.Borrower and Lender can agree in writing,however,that interest shall be paid on the DOC #:324245 ADPL #:0001174248 Idtida: ��plppl mm r.ge s i6 Form 3039 VOl SK 1941 PG2699 Funds. Leader shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Leader the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property,if any,and Community Association Dues,Fees,and Assessments,if any.To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,but only so long as Borrower is performing such agreement;(b)contests the lien in good faith by,or defends against enforcement of the lien'in,legal proceedings which in Leader's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Leader determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Leader in connection with this Loan. 5.Property Insurance.Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term "extended coverage,"and any other hazards including, but not limited to, earthquakes and floods, for which Leader requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires.What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which 'right shall not be exercised unreasonably. Leader may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of aay fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. DOC #:324246 APDL #:0001179298 Iuitiala: 1U� I�.6A1(PA) (am Past 6 at 16 Form 3039 VOl 81t 1941 PG2700 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore,such coverage shall Cover Lender,but might or might not protect Borrower,Borrower's equity in the Property,or the contents of the Property,against any risk,hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shalt name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.If Borrower obtains any form of insurance coverage,not otherwise required by Lender,for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.leader may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds,Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters,or other third parties,retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower.If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file,negotiate and settle any available insurance claim and related matters.If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim.The 3O-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,and (b)any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property,insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrumeat,whether or not then due. DOC 6:324247 APPL #:0001174249 .�1�� ldfialfi ViW® �AI4 rage r of ie Form 3039 1/01 BK 1941 PG2701 6.Occupancy.Borrower shall occupy,establish,and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property,allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property,Borrower shall maintain'the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. bender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8.Borrower's Loan Application. Borrower shall be in default if,during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Leader (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to,representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9.Protection of Lender's Interest in the Property and Rights Under this Security Instrument. if (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument,(b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property,bender's actions can include,but are not limited to:(a)paying any sums secured by a lien which has priority over this Security Instrument;(b)appearing in court;and (c)paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument,including its secured position in a bankruptcy Proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that bender incurs no liability for not taking any or all actions authorized under this Section 9. DOC #:324248 APPL #:0001174248 40-6A(PA) cosaal raffia. ® rase a of to Form 3039 1/01 SK 194 1 PG2702 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. . 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.If,for any.reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender.If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect.Lender will accept,use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance.Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve.Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires)provided by an insurer selected by Lender again becomes available,is obtained,and Lender requires separately designated payments toward the premiums for Mortgage Insurance. if Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,or to provide a tion-refundable loss reserve,until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Leader providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed.Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may enter into agreements with other parties that share or modify their risk,or reduce losses.These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties)to these agreements.These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements,Lender,any purchaser of the Note,another insurer,any reinsurer,any other entity,or any affiliate of any of the foregoing, may receive(directly or indirectly) amounts that derive from (or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,in exchange for sharing or modifying the mortgage insurer's risk,or reducing losses.If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. Doc #:324249 APPL #:0001174248 Ldttafa: dft.6►(PA) casae r q 16 Form 3039 1101 BK1941PG2703 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law.These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance,to have the Mortgage Insurance terminated automatically,and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Leader shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds.If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction,or loss in value of the Property,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the partial taking,destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction,or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Leader otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the Opposing Party(as defined in the next sentence)offers to make an award to settle a claim for damages,Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal,is begun that, in Lender's judgment,could result in forfeiture of the Property or other material impairment of Leader's interest in the Property or rights under this Security Instrument.Borrower can cure such a default and,if acceleration has occurred,reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a Wiling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of DOC #:324250 APPL 4:0001174248 IdUals: -6A(PA) coi rge io aS rs Form 3039 V01 6K1941PG2704 Lender's interest in the Property or rights under this Security Instrument.The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any.Successors in Interest of Borrower.Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13.Joint and Several Liability; Co-signers; Successors and Assigns Bound.Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note(a"co-signer"):(a)is co-signing this Security Instrument only to mortgage,grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to,attorneys' fees,property inspection and valuation fees.In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,then: (a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note).Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. DOC 1:324251 APDL #:0001174248 IidtieLi: 90ft-6A(PA) (060Zj NO 11 o116 Form 3034 V01 BK1941PG2705 15.Notices.All notices given by Borrower or Leader in connection with this Security Instrument must be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Leader. Borrower shall promptly notify Leader of Borrower's change of address.If Leader specifies a procedure for reporting Borrower's change of address,then Borrower shall only report a change of address through that specified procedure.There may be only one designated notice address under this Security Instrument at any one time.Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower.Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender.If any notice required by this Security Instrument is also required under Applicable Law,the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16.Governing Law; Severability; Rules of Construction.This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law,such conflict shall not affect other provisions of this Security Instrumeat.or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa;and (c)the word "may"gives sole discretion without any obligation to take any action. 17.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property"means any legal or beneficial interest in the Property,including, but not limited to, those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract or escrow agreement,tate intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written coasent, Lender may require immediate payment in full of an sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. if Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b)such other period as Applicable Law might specify for the termination of Borrower's right to reinstate;or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)pays Lender all suets which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all DOC #:329252 APPL #:0001179298 la tits:�� dft,6A(PA) pm rage u d 16 Form 3039 1/01 $K1941PG2 / 06 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees,property inspection and valuation fees,and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,as selected by Lender:(a)cash;(b)money order;(e)certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under Section 18. 20.Sale of Note; Change of Loan Servicer, Notice of Grievance.The Note or a partial interest in the Note(together with this Security Instrument)can be sold one or more times without prior notice to Borrower. A sale might result.in a change in the entity (known as the "Loan Servicer")that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law.There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note.If there is a change of the Loan Servicer,Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information PMPA requires in connection with a notice of transfer of servicing.If the Note is sold and thereafter the Loan is serviced by a Than Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may Commence,join, or be joined to any judicial action (as either an individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of, this Security Instrument,until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action.If Applicable Law provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph.The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline,kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action,or removal action,as defined in Environmental Law;and (d) an "Environmental Condition" means a condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup. DOC 9:324253 APPL $:0001174249 rOitY[6: (a.Gp(PA) (o= ?up 13 or to Form 3039 1/01 BK 194 1 PG2707 Borrower shall not cause or permit the presence,use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or.(c) which, due to the presence,use,or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property.The preceding two sentences shall not apply to the presence,use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation, claim,demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property.If Borrower learns,or is notified by any governmental or regulatory authority,or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.Nothing herein shall create any obligation on Leader for an Environmental Cleanup. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 22.Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise).Lender shall notify Borrower of,among other things: (a) the default; (b) the action required to cure the default; (e)when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.If the default is not cured as specified,Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shalt be entitled to collect all expenses incurred In pursuing the remedies provided in this Section 22, including,but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security lostrumeat and the estate conveyed shall terminate and become void. After such occurrence,Lender shall discharge and satisfy this Security Instrument.Borrower shall pay any recordation costs.Lender may charge Borrower a fee for releasing this Security Instrument,but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law,waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution,extension of time,exemption from attachment,levy and sale,and homestead exemption. 25.Reinstatement Period.Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. DOC 5:324254 APPL 4:0001174248 1aitWa: dft .6A(PA) taM PW 14 a 16 Form 3039 1101 QK1941PG2708 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: —� �tt+g�• (Seal) Dorine A Bollinger Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Sem (Seal) -Borrower -Borrower (Seal) (Sell) -Borrower -Borrower DOC #:324255 APPL 4:0001174248 -6A(PA) (osQZj Page 15 of 16 Form 3039 1/01 8K 1941 PG2709 COMMONWEALTH OF PENNSYLVANIA, Dauphin County ss: On this,the 23rd day of February, 2006 ,before me, the undersigned officer,personally appeared Dorine A Bollinger known to me(or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF,I hereunto set my hand and official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA & Notarial ssa BsAnn MCpft Pern7wp. eq Caury ` , • My Commisslon F.24I{es Jan.28.2010 %F .`:ra: ation of Notal Member.Penttsylvanie Assaf .;...�,,,�.w ;� ,� ,qe•�, ?. Title of Officer P: f{ Certificate of Residence 1, ,do hereby certify that the correct address of the within-named Mortgagee is P.O.Box 13916,Durham, NC 27709. Witness my hand this 23rd day of February, 2006 Agent of Mortgagee DOC 0;324256 APPL 0:0001174248 IWILIu 40.6A(PA) (0302) hge 16 of 16 Folin 3039 ]Vol BK 1 941 PG27 10 BOLLINGER 424-60168 EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Upper Allen,in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a Plan by Rogers and Frederick dated July 4, 1981,with revisions through and including September 8, 1982, as follows, to wit: ALL THAT land in Stage III, Section B, Townhouse Plots No. 3-C, being more particularly described on said Plan and recorded in Plan Book 42, Page 69, and being designated on said Plan as Lot No. 3-C, and also known as 782 Allenview Drive, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT to the Declaration of Covenants and Restrictions dated September 8, 1982,and recorded September 2, 1982, in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania in Miscellaneous Book 280, Page 81. BEING THE SAME PREMISES which Ira R. Kerr and Barbara K. Kerr by Deed dated July 9, 1998, and recorded July 13, 1998, in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania in Deed Book 181, Page 372, granted and conveyed unto Erin Rowan and Timothy S. Myers. AND THE SAID Erin Rowan has since marred Timothy S. Myers and is now known as Erin Myers. 8K1941PG27I I i • J PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 23rd day of February, 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage,Deed of Trust,or Security Deed(the "Security Instrument") of the same date, given by the undersigned (the "Borrower") to secure Borrower's Note to American Home Mortgage (the "Lender")of the same date and covering the Property described in the Security Instrument and located at: 782 Allenview Drive, Mechanicsburg, PA 17055 [Property Address] The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities,as described in The Deed, The Declaration of Covenants, Conditions and Restrictions (the "Declaration"). The Property is a part of a planned unit development known as Allenview [Name of Planned Unit Development] (the "PUD").The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association") and the uses,benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's Constituent Documents. The "Constituent Documents" are the (i) Declaration; (ii) articles of incorporation, trust instrument or any equivalent document which creates the Owners Association; and (iii) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. DOC #:319821 APPL $:0001174248 MULTISTATE PUD RIDER-Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT UM31 0008 Page 1 of 3 laitals.�_ �R (0006)QD VMP MORTGAGE FORMS-(800,521-?291 Form 31M 1/01 lIIIIII1fIIIlIIIIl1lIIl11111III1111 BK1941PG2712 B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier,a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods,and against loss by fire,hazards included within the term "extended coverage,"and any other hazards,including,but not limited to,earthquakes and floods,for which Leader requires insurance,then:(i)Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property;and (ii)Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the owners Association policy What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property,or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument,whether or not then due,with the excess, if any,paid to Borrower. C. Public Liability Insurance,Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages,direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUD,or for any conveyance in lieu of condemnation, are hereby assigned and shall he paid to Lender.Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. E. Lender's Prior Consent.Borrower shall not,except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to:(i)the abandonment or termination of the PUD,except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (iii) any amendment to any provision of the "Constituent Documents" if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self-management of the Owners Association; or (iv)any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F.Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest, upon notice from Lender to Borrower requesting payment. DOC #:319822 APPL #:0001174248 fam Initials: dM-7R (0008) Page 2 of 3 Form 31501/01 BK1941PG2713 BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this PUD Rider. • +�� (Seal) (Seal) Dorine A Bo.Zlingel Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower DOC #:319823 APPL #:0001174248 ,-7R (0008) Page 3 of 3 Form 31501101 :itis to be rec:urdcd ,W It-wrland County PA 0 .1 Recorder of Deeds OSS 1 941 PG271 4 EXHIBIT "D" Inst. # 201224396 - Page 1 of 3 Recording Requested By: CERTIFIED PROPERTY IDENTIFICATION NUMBERS Bank of America 42-28-2423-288 - UPPER ALLEN TP Prepared By: Diana De Avila CCGxS REGISTRY 08/13/2012 BY DC 800-444-4302 1800 Tapo Canyon Road. Simi Valley,CA 93063 When recorded mail to: CoreLogic Mail Stop:ASGN 1 CoreLogic Drive Westlake,TX 76262-9823 {lllillllllllllllllllllllll Illl{IIIIIIIIII IIIIIIIIIIIII DocID# 97611852032518020 Tax ID: 42-28-2423-288 Property Address: 782 Allenview Dr Mechanicsburg,PA 17055-8602 Property Location: Township of UPPER ALLEN PAO-AM 19463270 E 8/712012 This space for Recorders use MIN#: MERS Phone#: 888-679-6377 ASSIGNMENT OF MORTGAGE For Value Received,the undersigned holder of a Mortgage(herein"Assignor")whose address is 1901 E Voorhees Street,Suite C,Danville,IL 61834 does hereby grant,sell,assign,transfer and convey unto BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP whose address is C/O BAC,M/C:CA6-914-01-43,1800 Tapo Canyon Road,Simi Valley,CA 93063 all beneficial interest under that certain Mortgage described below together with the note(s)and obligations therein described and the money due and to become due thereon with interest and all rights accrued or to accrue under said Mortgage. Original Lender: AMERICAN HOME MORTGAGE Mortgagor(s): DORINE A.BOLLINGER,AN UNMARRIED PERSON Date of Mortgage: 2/23/2006 Original Loan Amount: $139,000.00 Recorded in Cumberland County,PA on:2/27/2006,book 1941,page 2695 and instrument number 200606280 This Mortgage has not been assigned unless otherwise stated below: IN WIRT WHEREOF,the undersigned has caused this Assignment of Mortgage to be executed on MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. aj� - By: i0&, ASSISMM ecr+etary Inst. # 201224396 - Page 2 of 3 State of California County of Ventura On AUG U 9 2012 before me, George A. Pinedo ,Notary Public,personally appeared Alice owe who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. GEORGE A.PINEDO WITNESS my hand and official seal. COMM.41853836 m NOTARYPUBLIC-CALIFORNIA .. LOS ANGELES COUNTY My Comm.Expires June 14,2013 Notary Public: George A. PlnedO (Seal) My Commission Expires: June 14, 2013 I hereby certify that the address of the within named assignee is: C/O BAC,M/C:CA6-914-01-43,1800 Tapo Canyon Road,Simi Valley,CA 93063 Signature DocID# 97611852032518020 Inst. # 201224396 - Page 3 of 3 ROBERT P. ZIEGLER RECORDER OF DEEDS ' CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 ,. 717-240-6370 . fir.. . Instrument Number-201224396 Recorded On 8/13/2012 At 1:14:44 PM *Total Pages-3 *Instrument Type-ASSIGNMENT OF MORTGAGE Invoice Number- 114903 User ID-KW •Mortgagor-BOLLINGER,DORINE A *Mortgagee-BANK OF AMERICA N A Customer-SIMPLIFILE LC E-RECORDING *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA )7 4— of eu�s RECORDER OF DEEDS 7780 *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0 III St. fi Gu i4u»I - Lage O OL' O I -- TAMMY SHEARER RECORDER OF DEEDS I CUMBERLAND COUNTY ° 4' 1 COURTHOUSE SQUARE _. a. CARLISLE, PA 1701.3 71.7-210-6370 Instrument Number-20.1405579 Recorded On 3/19/201. 1 At 8:14:31 AM *Total Pages- 6 *Instrument 'rype -ASSIGNMENT OF\IOR"1'C.AGE Invoice Number- 157916 User In - BNI1.1 *NIort.gagor- BOLLINGER, DORINE A *Mortgagee -GREEN TREE_. SERVICING LLC *Customer- SI\IPLIFILE LC&REC,ORDING *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $13.50 RECORDER OF DEEDS PARCEL CERTIFICATION $15 .00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $57.50 I Certify this to be recorded in Cumberland County A "o.Jf, �'750 -- RFCORDER OF DEEDS *-information denoted by an asterisk may change during the verification process and may not be reflected on this page. CERTIFIED PROPERTY IDENTIFICATION NUMBERS 42-28-2423-288 - UPPER ALLEN TP CCGI8 REGISTRY 03/19/2014 BY TB y a ' Recording requested by: 8 N OF AMERICA N.A. SUCCESSOR BY MEAGER T6 BAC HOME LOANS SERVICING LP, FKA COUNTRYWIDE HOME LOANS SERVICING. LP When recprded mail o: BANK OF AMERICA N. DOCUMENT PR ESSING MC TX2-979-01-19 FORT WORTHCATXE76155D. Attn: ASS16NMENT UNIT CORPORATION ASSIGNMENT OF MORTGAGE-Doc. Iolt6211882032582964 Commitment 868725 For value received, the undersiggned, BANK OF AMERICA N.A., SUCCESSOR BY MERGER Tp BAC HppME LOANS SERVI4IING�LOO�.FPASADENARYCA 91101E2LOANShSERVICING. LP, 101 SOUTH MARENGO AVENUE, ereby grants assnE andtransfersto: GREEA TREE 360-5 KY Al s interes under a certain or gag e a e execu a by: DORINE A BOLLINGER, Mortgagor as per MORTGAGE recorded as Instrument No. on 2/27/06 in Book 1941 Page2695ofSg offAicial records in the County Reco der'sOff2423o28CUMBERLAND CALLEN% MECHANYCSNUR6 SCH DIST Tax Parcel 42-8139 00 00 Original Mortgage �o� A� i r��urc1,i n rto MECH NICSBURG. PA 17055_ Together with theNote or Notes therein described or referred to, the money due and to become due thereon with interest. and all rights accrued or to accrue under said Mortgage. "I herebb� cer .IT that the precise address of the within named assignee is 3 S ME RD d3 0 TEMPE. Az 84283 60 " s i - _..�� .. .. A CORPORATION ASSIGNMENT OF MORTGAGE Doc. I0 6211852032582964 Commitment 868725 Dated: - — BANK OF AMERICA, N.A. SUCCESSOR BY MERGER Tp BAC HOME ` LOA S ggERVICIING, LP. PKA COUNTRYWIDE HOME LOANS SEVICIN By State of Califgrnia County of Los Angeles On FEB Z 4 2014 before me, So hleNearyPak Notary Public. personally appeared GIA S , w o prove o me on the b sis of satisfactor evidence to be the 3erson(s1 whose name W is are subscribed to the within strument and ackno ledged to me hat he s elfn executed the same in his/pier/ttheir authorize capacity i s and hat by his/her/their signatures) onn hj actedumexecutedpersothe i sjrumenthe entity upon behalf of which the person thatrtheyforegoingNparagraplPiEisutruenand corrects of the State of California Witness my hand and official seal. Signature: WffiiRARYPOK i COMM. #1946008 Sophie Neary Pok (oiao Public zo Pr pared bAGIA IORDIA a 9County , 5 NE 4TH FLOOR Conn3020t 0SOUTH RENGO A PhonO� 269658 eft: N ) 486-33 EXHIBIT "E" i 7106 7112 1690 2506 3737 287 7106 7112 1690 2506 3737 Home Equity Division 69 Donne A.Bollinger 782 Allenview Dr Mechanicsburg PA 17055-8602 FIRST-CLASS MAIL 287 Green Tree Servicing LLC U.S.POSTAGE AND FEES PAID MI-TD Tempe 111 NCP 7360 South Kyrene Rd Tempe, AZ 852834583 7106 7112 1690 2506 3737 RETURN RECEIPT REQUESTED DOR'INE A. BOLLINGER 782 ALLENVIEW DR MECHANICSBURG PA 17055-8602 I�1111'��"�J"III�����I'�"""'I�I�I'I�LpILI111�P'I�IIIIL +0430425 000000022 09GO01 0061225 relationships that work green tree Date of Notice: 05/22/2013 Green Tree Servicing LLC Dorine A. Bollinger 8200 Ih 10 West Suite 500 782 Allenview Dr San Antonio, TX 78230 Mechanicsburg PA 17055-8602 800-643-0202 RE: Loan No ACT 91 NOTICE TAS ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S.MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can-help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397. (Persons with impaired hearing can call (71.7) 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 NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAM.ENTE LLAM.ANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO 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. This communication is from a debt collector. It is an attempt to collect a debt, and any information obtained will be used for that purpose. PA.Act9l.NOD.2 YFNODPAI 1.1 08/05 +0430425 000000022 09GO01 0061225 Page I of 5 relationships that work green tree Green Tree Servicing LLC 8200 Ih 10 West Suite 500 San Antonio, TX 78230 800-643-0202 Date of Notice: 05/22/2013 TO: Dorine A. Bollinger Loan No: 782 Allenview Dr Mortgaged Premises: Mechanicsburg PA 17055-8602 782 Allenview Dr Mechanicsburg, PA 17055 Certified Mail #: 71067112169025063737 From: Green Tree Servicing LLC ("Green Tree") HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1.983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ---- IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, ---- IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND ---- IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE ---- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty-three (33) 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 (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES ----If you. meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling 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. PA.AcO LNOD.2 YFNODPA 1 1.1 08/05 +0430425 000000022 09GO01 0061225 Page 2 of 5 • relationships that work P reen tree Green Tree Servicing LLC 8200 Ih 10 West Suite 500 San Antonio, TX 78230 800-643-0202 APPLICATION FOR MORTGAGE ASSISTANCE ---- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) 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 Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end.of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH THE PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORAILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT I.F YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION ---- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT ----The MORTGAGE debt held by the above lender on your property located at: 782 Allenview .Dr, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly principal and interest payments due for 10/01/2012 through 05/01/2013 in the amount of$7,398.16. Other charges (explain/itemize): Late Fees $323.63, NSF Fee: $0.00, Escrow/Other: $2,607.80, Insurance: $0.00, Taxes advanced: $0.00. TOTAL AMOUNT PAST DUE: $10,329.59. HOW TO CURE THE DEFAULT ---- You may cure the default within THIRTY-THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $10,329.59, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY-THREE (33) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: Green Tree, PO Box 94710, Palatine, IL 60094- 4710 (do not send cash). PA.Act91.NOD.2 YFNODPA 1 1.1 08/05 Page 3 of 5 relationships that work green tree Green Tree Servicing LLC 8200 Ih 10 West Suite 500 San Antonio, TX 78230 800-643-0202 IF YOU DO NOT CURE THE DEFAULT ---- If you do not cure the default within THIRTY-THREE (33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Please review your mortgage or deed of trust for any right you may have to reinstate your loan after acceleration but prior to the earlier of (a) five days before the sale of the property under any power of sale in the Security Instrument or(b) entry of judgment enforcing the Security Instrument, by paying the Creditor all sums then due as if no acceleration had occurred. You may also have the right to assert in the foreclosure proceeding the non- existence of a default or any other defense available to you. If full payment of the total amount past due is not made within THIRTY-THREE (33) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON ---- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY-THREE (33) 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-THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE ----It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately no less than three(3) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Green Tree Servicing LLC Address: 8200 Ih 10 West Suite 500, San Antonio, TX 78230-0000 Phone Number: 800-643-0202 Fax Number: 866-210-6192 Contact Person: Collection Department 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. PA.AcO LNOD.2 YFNODPA 1 1.1 08/05 +0430425 000000022 09GO01 0061225 Page 4 of 5 relationships that work green tree Green Tree Servicing LLC 8200 Ih 10 West Suite 500 San Antonio, TX 78230 800-643-0202 ASSUMPTION OF MORTGAGE ----You_X_may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and. that the other requirements of the mortgage are satisfied. 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 PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures:Pennsylvania Consumer Credit Counseling Agency List Cc: HEM:AP office (PHFA-HEMAP, 211 North Front St., PO Box 15530, Harrisburg, PA 17105- 5530) 0 0 N This communication is from a debt collector. It is an attempt to collect a debt, and any information obtained will be used for that purpose. PA.Act91.NOD.2 YFNODPA 1 1.1 08/05 Page 5 of 5 Government Approved Housing Counseling Agencies in your region: 1. CCCS of Western PA 114 N Hanover St Carlisle, PA 17013 888-511-2227 2. CCCS of Western PA 55 Clover Hill Road Dallastown, PA 17313 888-511-2227 3. Community Action Commission - Capital Region 1514 Derry St Harrisburg, PA 17104 717-232-9757 4. Harrisburg Fair Housing Council 2100N6th St Harrisburg, PA 17110 717-238-9540 5. Housing & Redevelopment Authority - Cumberland Cnty 114 N Hanover St; STE 104 Carlisle, PA 17013 717-249-0789 0430425 000000022 09GO01 0061225 u N b pU8 P O N N O O S Green Tree Servicing LLC S M11D Tempe IH n 7360 South Kyrene Rd s Tempe,AZ 85283-4583 8 7106 7112 1690 2506 3713 287 7106 7112 1690 2506 3713 Home Equity Division 69 Dunne A.Bollinger 546 Humeel Ave LwTioyen PA 17043-1852 FIRST-CLASS MAIL 287 U.S.POSTAGE AND Green Tree Servicing LLC FEES PAID NCP M.HD Tempe III 7360 South Kyrene Rd Tempe, AZ 85283-4583 7106 7112 1690 2506 3713 RETURN RECEIPT REQUESTED DORINE A.BOLLINGER 546 HUMEEL AVE LAMOYEN PA 17043-1852 6141�Ih11m1�Ir4�rrv6PP1h11�Ih0�116rdIhP�ld1� +0430425 000000021 09GO01 0061225 relationships that work green tree Date of Notice: 05/22/2013 Green Tree Servicing LLC Dorine A. Bollinger 8200 Ih 10 West Suite 500 546 Humeel Ave San Antonio, TX 78230 Lamoyen PA 17043-1852 800-643-0202 RE: Loan No ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTI.FICION EN ADJUNTO .ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. 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 REDIM.IR SU HIPOTECA. This communication is from a debt collector. It is an attempt to collect a debt,and any information obtained will be used for that purpose. PA.Act91.NOD.2 YFNODPAI 1.1 08/05 +0430425 000000021 09GO01 0061225 Page 1 of 5 relationships that work green tree Green Tree Servicing LLC 8200 Ih 10 West Suite 500 San Antonio, TX 78230 800-643-0202 Date of Notice: 05/22/2013 TO: Dorine A. Bollinger Loan No: 546 Humeel Ave Mortgaged Premises: Lamoyen PA 17043-1852 782 Allenview Dr Mechanicsburg, PA 17055 Certified Mail #: 71067112169025063713 From: Green Tree Servicing LLC ("Green Tree") HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1.983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ---- IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, ---- IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND ---- IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE ---- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty-three (33) 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 (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES ----If you. meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling 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. PA.Act91.NOD.2 YFNODPA 1 1.1 08/05 +0430425 000000021 09GO01 0061225 Page 2 of 5 relationships that work green tree Green Tree Servicing LLC 8200 Ih 10 West Suite 500 San Antonio, TX 78230 800-643-0202 APPLICATION FOR MORTGAGE ASSISTANCE ----Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) 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 Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH THE PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORALLY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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 snake a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (I.f you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT ---- The MORTGAGE debt held by the above lender on your property located at: 782 Allenview Dr, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly principal and interest payments due for 10/01/2012 through 05/01/2013 in the amount of$7,398.16. Other charges (explain/itemize): Late Fees $323.63, NSF Fee: $0.00, Escrow/Other: $2,607.80, Insurance: $0.00, Taxes advanced: $0.00. TOTAL AMOUNT PAST DUE: $10,329.59. HOW TO CURE THE DEFAULT ---- You may cure the default within THIRTY-THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $10,329.59, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY-THREE (33) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: Green Tree, PO Box 94710, Palatine, IL 60094- 4710 (do not send cash). PA.Act91.NOD.2 YFNODPA i 1.1 08/05 Page 3 of 5 relationships that work green tree Green Tree Servicing LLC 8200 Ih 10 West Suite 500 San Antonio, TX 78230 800-643-0202 IF YOU DO NOT CURE THE DEFAULT ----If you do not cure the default within THIRTY-THREE (33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Please review your mortgage or deed of trust for any right you may have to reinstate your loan after acceleration. but prior to the earlier of (a) five days before the sale of the property under any power of sale in the Security Instrument or(b) entry of judgment enforcing the Security Instrument, by paying the Creditor all sums then due as if no acceleration had occurred. You may also have the right to assert in the foreclosure proceeding the non- existence of a default or any other defense available to you. If full payment of the total amount past due is not made within THIRTY-THREE (33) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON ----The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added. to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY-THREE (33) 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-THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by perfonning any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE ---- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately no less than three(3) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Green Tree Servicing LLC Address: 8200 lh 10 West Suite 500, San Antonio, TX 78230-0000 Phone Number: 800-643-0202 Fax Number: 866-210-6192 Contact Person: Collection .Department 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. PA.AcO LNOD.2 YFNODPA 11.1 08/05 +0430425 000000021 09GO01 0061225 Page 4 of 5 e relationships that work green tree Green Tree Servicing LLC 8200 Ih 10 West Suite 500 San Antonio, TX 78230 800-643-0202 ASSUMPTION OF MORTGAGE ---- You_X_may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 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 I:F 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 PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures:Pennsylvania Consumer Credit Counseling Agency List Cc: HEMAP office (PHFA-HEMAP, 211 North Front St., PO Box 15530, Harrisburg, PA 17105- 5530) U N O O N This communication is from a debt collector. It is an attempt to collect a debt, and any information obtained will be used for that purpose. PA.Act91.NOD.2 Y.FNODPA 11.1 08105 Page 5 of 5 Government Approved Housing Counseling Agencies in your region: 1. CCCS of Western PA 114 N Hanover St Carlisle, PA 17013 888-511-2227 2. CCCS of Western PA 55 Clover Hill Road Dallastown, PA 17313 888-511-2227 3. Community Action Commission - Capital Region 1514 Derry St Harrisburg, PA 17104 717-232-9757 4. Harrisburg Fair Housing Council 2100 N 6th St Harrisburg, PA 17110 717-238-9540 5. Housing & Redevelopment Authority - Cumberland Cnty 114 N Hanover St; STE 104 Carlisle, PA 17013 717-249-0789 0430425 000000021 096001 0061225 VERIFICATION Marne Abshire, hereby states that she is a Foreclosure Specialist of Green Tree Servicing LLC, the Plaintiff in this matter, and is authorized to make this Verification, and verify that statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Mown-& Date: H 471iK Title: Foreclosure Specialist Green Tree Servicing LLC FILE#: 13-1126 DEFENDANT NAME: DORINE A BOLLINGER Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY TVE ERIFF !�4 QFC 19 FY`` a: 2r uP NNSYLVI''1 \ Green Tree Servicing LLC vs. Dorine A Bollinger Case Number 2014-7028 SHERIFF'S RETURN OF SERVICE 12/09/2014 03:41 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Dorine A Bollinger, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 782 Allenview Drive, Upper Allen Township, Mechanicsburg, PA 17055. 12/16/2014 05:02 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Julie Bollinger, Daughter, who accepted as "Adult Person in Charge" for Dorine A Bollinger at 546 Hummel Avenue, Lemoyne Borough, Lemoyne, PA 17043. rto.„„ii GU ALL, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, December 17, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teeosoff. Inc.