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HomeMy WebLinkAbout01-4562THE LAW OFFICES OF BARBARA A. FEIN, Barbara A. Fein / I.D. No. 53002 Kristen J. DiPaolo / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff AMERICAN BUSINESS CREDIT, INC., Plaintiff, DEMETRIOS S. TOULOUMES and CONNIE A. TOULOUMES, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NOTICE -- COMPLAINT IN MORTGAGE FORECLOSURE 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 {201 DAYS AFTER THIS COMPLAINT ~ND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSON]tLLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ~LRE WA3RNED THAT IF YOU FAIL TO DO SO THE CASE MAy PROCEED WITHOUT YOU A~D A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHO~ 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 (DR OTHER RIGHTS IMPORT2%NT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CA~NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICIA LE HA4N DEMANDADO A USTED EN ~ CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEM~tNDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE (20} DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMA2~DA y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA 0 EN PERSONA O POR ABOGADO Y ARCHIVAR EN I~ CORTE SUS DEFENSAS O SUS OBJECIONES A LAS DEM3~NDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOM2L~ MEDIDAS Y PUEDE ENTRAR %INA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION 0 POR CUALQIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMAJgDA. USTED PUEDE PERDER DINERO, SUS PROPIEDADES 00TROS DERECHOS IMPORT~TES PARA USTED LLEVE ESTA DEM3~NDA A UN ABOGADO INMEDIATAMENTE SI NO TIENE 2%BOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVIC10, VAYA EN PERSONA O LL~ME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 {717) 240 6200 Culnberla~d County Court AdministraEor 4th Floor Cumberland C'o~nty Court House 1 Courthouse Square Carlisle, PA 27013 (717) 240 6200 NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED} AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: The amount of the original debt is stated in the Complaint attached hereto. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are Creditors to whom the debt is owed. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law firm, unless the Debtors/Mortgagors, within thirty days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. If the Debtors/Mortgagors notify the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor/Mortgagor makes written request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the oriqinal Creditor will be mailed to the Debtor by the Creditor'~ law firm. Written request should be addressed to: THE LAW OFFICES OF BARBARA A. FEIN, P.C. Attention: Kristen DiPaolo, Esquire 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AiFD ~ INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE 1. The Plaintiff, American Business Credit, Inc. is a corporation having been organized under the laws of the Commonwealth of Pennsylvania and having its principal place of business at 111 Presidential Boulevard, Suite 128, Bala Cynwyd, PA 19004. 2. (a) The Defendant, Demetrios S. Touloumes, is an individual whose last known address is 260 Oak Grove Road, New Oxford, PA 17350. whose 17350. (b) The Defendant, Connie A. Touloumes, is an individual last known address is 260 Oak Grove Road, New Oxford, PA interest Mortgagor. (c) The Defendant, Demetrios S. Touloumes, holds an in the subject property as both a Real Owner and (d) The Defendant, Connie A. Touloumes, holds an interest in the subject property as both a Real Owner and Mortgagor. (e) If either of the above named Defendants are deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through their estate whether the estate is probated. 3. (a) The residential mortgage being foreclosed upon is secured by property located at 31 South Baltimore Street, address within the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania. (b) Ail documents evidencing the residential mortgage have been recorded in the Recorder of Deeds' Office in Cumberland County, Pennsylvania. was 297. (c) recorded The Mortgage was executed on February 20, 1998 and on February 27, 1998 in Mortgage Book 1434, at Page (d) and incorporated as Exhibit (el Rule 1147 (1) responsibility, The legal description for this parcel is attached "A" (Mortgaged Premises). By virtue of Pennsylvania Rules of Civil Procedural and 1019(g), and on the basis of environmental Plaintiff is not obliged to append copies of the above mentioned publicly recorded documents to this mortgage foreclosure action. These documents are, however, appended hereto and incorporated herein by reference as Exhibit "B". 4. The mortgage is in default because the Defendants above named failed to timely tender the monthly payment of $2,275.41 on January 20, 2001, and thereafter failed to make the monthly payments. 5. As authorized under the mortgage instrument, the loan obligation has been accelerated. 6. Plaintiff seeks entry of judgment in rem on the following (a) Principal balance of mortgage $153,830.36 due and owing (b) Interest due and owing at the 7,856.80 rate of 15.99% calculated from January 28, 2001 through May 22, 2001 {b) Interest due and owing at the rate of 24.00% calculated from May 23, 2001 through July 31, 2001 7,075.95 (c) (d) (e) Interest will continue to accrue at the per diem rate of $102.55 through the date on which judgment in rem is entered in Plaintiff's favor. Late Charges due and owing under the Note in accordance with the Mortgage Instrument Default Fee due and owing under the Note in accordance with the Mortgage Instrument Escrow Advances made by Plaintiff Mortgagee on behalf of Defendant mortgage account 5,024.17 29,249.70 1,453.31 (f) Court Costs and fees as recoverable 250.00 under the mortgage terms, estimated (g) Attorneys, fees Calculated as 5% of the principal 7,691.52 balance due, in accordance with the mortgage terms TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $212,431.81 7. {a) The attorneys, fees set forth as recoverable at Paragraph 6(g)' are in conformity with Pennsylvania law and the terms of the mortgage, and will be collected in the event of a third-party purchaser at a Sheriff's Sale only. (b) If the mortgage arrears are to be reinstated or paid-off prior to the Sheriff's Sale, Plaintiff's actual attorneys, fees (calculated at counsel's hourly rate) will be charged based upon work actually performed. more (b) Under ACT Mortgagee is not obliged Accelerate the Mortgage 8. (a) The original principal balance of the Mortgage is than Fifty Thousand ($50,000.00) Dollars. 6, 41 P.S §101, et seq., Plaintiff to serve Notice of its Intention to by certified mailing prior to its instituting foreclosure proceedings. 9. (a) 1983, 35 P.S. The subject mortgage is not governed by ACT 91 of § 1840.401C, et seq., in that the subject property is Dot the Defendant Mortgagors, principal residence. (b) Under ACT 91, notice is required only where the property upon which the action is predicated is the Defendant Mortgagors, principal residence. WHEREFORE, the Plaintiff demands: -- Entry of judgment in rem against the Defendants above named in the total amount of $212,431.81, as stated at Paragraph 6, plus all additional interest and late charges accruing through date of judgment entry; and Foreclosure and Sheriff's Sale of the subject mortgaged property. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 FEIN, P.C. BEG/NN/NG .t - Poir~t oa t~e ee~et 1~ o~ ~ P~llc o' · · No~ ~ d~s edge o~t/~ r~ght~.~ ~ ~M~ ~st 2~.7~ r~t ~ a ~t a t~ U~ of~ now or tb~ by ~d I~ ~ South -.~ ~-,,,u~t no~y ~a~ Comfy; ~me 17 de~ 43 ~nut~ B~omAv~ ~eP~e ofBEG~NG, ~d~n~ni~ 1.161 ae~and ~ d~a~u~ 3~ d~g~ 24 ~ ~ 47.~ feet ~ a ~int ~ ~ ~r l~e o~t~ afo~aid .~o~g to a a~ orTho~ ~. N~ ~g;s~ SUer. ~AVIHG T~R~N ~E~D a th~ story ~ and f~e holel ~ild~ ~d o~mr tmpmv~, ~monly ~o~ ~ The ~o1~ ~ Bounded on tile N0,~ by Frapetty now or ' · propcr~y late ofgc~le O. Taniou ..... r.~,~ o~:~ ~ud~, ~r.; on ~e S~ b Moun~;n C~. ,~ v,, ~ w~t ~ ~om A~e and ~ ~ ~t ~ Said P~b~ ~nmi~ing l~ [~L mo~ ~ I~s, ~d ex~ding ~ Mounln~ ~ in ~ on ~timo~ Argue H~ving a ~d~ ~ong Mo~la~ C~ of 134 f~. mo~ or I~ ~d a d~ ~ong 1he ~ ~u~ or202 ~eL mo~ ot le~ a ~ along ~e soull~ boun~ of2~ ~t, mo~ or I~. ~xc~ting ~ ~rom a ~11 ~1~ ~1 o~]a~ containing 0.054 ~ ~ ~s now abow. to the aa~/ul,g p~b~ ~,~ ~ Iht ~/olly ~nn pm~y, d~d on Tr~ No. I ~glHG THE S~ ~ ~c~ Ih~ v~ ;n S~ ~. To~oum~ ~ follow~: U~l~l~ ]~ mte~t by deed ~m B~ie D: Toulo~ ~ Md ~o~ NoV~r 3. 1967 ~ ~e o~ u~ivlded l~ in~t ~ d~ ~ ~ ]. Tou~ =d Jnm~ ]. To~o~ ~ and ~ Jan~ 1~, ! 982 ~ D~ B~k ~ Page 16. UPLICArE OF OFIIGINAL t, Inc. MORTGAGE PA SURETY over ~50,000.00 LOAN ID 3654 THIS MORTGAGE made this February 20, 1998, is Connie-I~'"rouloumes and Demetrios S. Toul0umes, with an address of 31 South Baltimore Street, Mt. Holly Springs, PA 17065(each jointly And severally, if more than one person, and hereinafter referred to as "Mortgagor") and American Business Credit, inc., the mortgagee ("Lender"), with a mailing address of Balapointe Office Centre, 111 Presidential Boulevard, Suite 215, Bala Cynwyd, Pennsylvania, 19004. tn consideration for and to secure payment and performance to Lender of all of the Obligations, as that term is defined in subparagraphs (a) through (d) below, Mortgagor has granted, bargained, sold, conveyed, released, assigned, transferred, pledged, mortgaged and confirmed, and b~/ these presents does hereby grant, bargain, sell, convey, release, assign, transfer, pledge, mortgage and confirm unto Lender, its successors and assigns, forever: ALL THAT CERTAIN real estate situated in the County of Cumberland, Commonwealth of Pennsylvania, known and designated as 31 South Baltimore Street, Mt. Holly Springs TP# 23322336288 and 23322336287, conveyed to Mortgagor by Deed dated May 14, 1996, duly recorded in the office for recording of deeds in said County of Cumberland on May 31, 1996 at Deed Book 140, Page 208, as the Premises are therein described and, if necessary, as more particularly described on Exhibit "A" attached hereto and made a part hereof (hereinafter the "Premises"}; THE PREMISES SHALL INCLUDE all right, title and interest of Mortgagor.in and to all present and future structures, buildings and improvements located thereon, together with all common areas, streets, lanes, alleys, passageways, passages, ways, water courses, strips and gores of land, easements, estates, rights, titles, interests, liberties, privileges, tenements, hereditaments and appurtenances, whatsoever thereunto belonging to or in any way made appurtenant thereto; all leases and subleases of all or any part of the Premises and rights of payment thereunder; the air space above and right to use the air space above, and the d~ainage, crops, timber, agricultural, horticultural, mineral, water, oil and gas rights with respect to the Premises, at law or in equity, all machinery, apparatus, equipment, furniture, fixtures, including without limitation, trade fixtures, goods, appliances and other property of every kind, nature and description whatsoever, now or hereafter located in, on or about, or attached to or used in connection with, the Premises, together with any and all replacements and substitutions thereof and all accessories, parts or accessions thereto now or hereafter owned by the Mortgagor or in which Mortgagor has or may obtain any interest, and all awards, damages, payments and/or claims arising out of any eminent domain or condemnation proceeding, damage or injury to any part Of the Premises and/or any buildings, structures or improvements thereon {the Premises, together with alt of the foregoing, is hereinafter referred to as the "Mortgaged Property"); TO HAVE AND TO HOLD. the Mortgaged Property hereby conveyed or mentioned and intended so PROVIDED, ALWAYS, that this instrument is upon the express condition that, if Mortgagor promptly satisfies all of the Obligations, as hereinafter defined, in accordance with the provisions of the Loan Documents, as hereinafter defined, and this Mortgage, at the times and in the manner specified, without deduction, fraud or delay, and if all the agreements, conditions, covenants,. provisions and stipulations contained therein and in this Mortgage and in the Loan Documents are fully performed and complied with, then this Mortgage and the estate hereby granted shall cease, determine and become void. ,k ;' As used in this Mortgage, "Obligations" means any or all of the following: (a) The indebtedness, liabilities and obligations of Mortgagor to Lender arising out of a certain surety agreement dated February 20, 1998, as now or hereafter as amended ("Surety Agreement") pursuant to which the Mortgagor became unconditional surety for the Obligations [as such term is defined in the certain promissory note of 31 S. Baltimore, Inc. t/a The Holly Inn Ithe "Obligor") in the original principal amount of One Hundre~ Fifty,.Five Thousand ($155,000.00) dated February 20, 1998, which, as now or hereafter amended, being hereafter referred to as the "Note") plus all amounts due under the Note and all other liabilities of Mortgagor to Lender described in any agreements, documents and instruments executed in connection therewith (all of which, now and as amended, b~ing hereafter collectively referred to as the "Loan Documents"); (b) All other existing and future indebtedness, liabilities and obligations of Obligor to Lender whether sole, joint or several, matured or unmatured, direct or indirect, absolute or contingent, of any nature whatsoever, and out of what ever transactions arising, including, without limitation, any debt, liability or obligation owing from Mortgagor to others which Lender may obtain by assignment or otherwise, excepting only any indebtedness constituting "Consumer Credit" as that term is defined in Regulation Z, 12 C.F.R. § 226.1 et seq.; (c) ~ll amounts advanced by Lender for or on behalf of Mortgagor (i) to pay taxes, charge.s, assessments or other amounts assessed against the Mortgaged Property not paid by Mortgagor when due, or (ii) to keep the Mortgaged Property continuously insured if Mortgagor fails to maintain all insurance coverage required hereunder; and the costs of curing any Event of Default set forth in the Note, this Mortgage or in the Loan Documents which the Lender elects to cure; and Id) The reasonable costs and expenses, including attorneys' fees incurred by Lender in preserving, protecting and/or enforcing any of the obligations of Mortgagor specified in (a), (b) and (c) above. MORTGAGOR REPRESENTS, COVENANTS AND WARRANTS to and with Lender that, until the Obligations secured hereby are fully paid and performed: 1. Payment and Performance. Mortgagor shall pay to Lender in accordance with the terms of the Note, the Surety Agreement, this Mortgage and the Loan Documents, the principal, interest and other sums therein and herein set forth and shall perform and comply with all the agreements, conditions, covenants, provisions and stipulations of the Note, this Mortgage and the Loan Documents. 2. Warranty of Title. Mortgagor warrants that Mortgagor possesses good and marketable fee simple title to the Premises, and has all power and authority to mortgage the Mortgaged Property to Lender and to grant a security interest therein in the manner'set forth herein. 3. Maintenance of Mortgaged Property. Mortgagor shall keep and maintain or cause to be kept and maintained the Mortgaged Property, including all buildings and improvements now or at any time hereafter erected on the Premises and the sidewalks and curbs abutting them, in good order and condition and repair and shall abstain from and shall not permit the commission of waste of, in or about the Mortgaged Property. 4. Insurance. Mortgagor shall keep the Mortgaged Property continuously insured against fire and such other hazards in such amounts as may be required by Lender from time to time. All policies of insurance shall be issued by companies acceptable to Lender, and shall contain a standard mortgagee claFse, in favor of Lender, and shall provide for at least thirty (30) days prior written notice of cancellation or reduction in coverage to Lender, all of which policies are hereby assigned to Lender as additional security for the Obligations. If Lender shall become the owner of the Mortgaged Property or ~"'~ ~'~" 1;';"~; ~, ~ ........ :- ~. ~:: ............ !~ ,~-.:-;;--. i:,,_L:c:~'.5 c',', r[..}ht, tiff_ ~.~:J i'~t,.~,~c~ cf Mortgagor theCeunder, shall become the property of Lender. At least thirty (SO) days prior to the expiration date of any insurance policy, Mortgagor shall deliver to Lender satisfactory evidence of the ABCE PA SURETY OVER 50.000 renewal of such insurance and the payment of all premiums therefor. In the event of any loss, Mortgagor will give immediate notice thereof to Lender and Lender may make proof of loss on behalf of Mortgagor. Each insurance company concerned is hereby authorized and directed to make payments under any such policies directly to Lender, instead of Lender and Mortgagor jointly, and Mortgagor hereby irrevocably appoints Lender as .Mortgagor's~.i~'~torney-in-fact to endorse in Mortgagor's name any checks or drafts issued thereon. Lender shall have the right to retain and apply the proceeds of any such insurance, at its reasonable election, to reduction of the Obligations, or to restoration and repair of the property damaged. 5. Taxes and Other Charges. Mortgagor shall pay when due and before interest or penalties shall accrue thereon, all taxes, charges, assessments and other governmental charges of any kind whatsoever including electricity, water and sewer rents, levied or assessed against th~.Mortgaged Property and will deliver receipts therefore to Lender upon request, and shall pay when due all amounts secured by any prior lien or the Mortgaged Property. 6. Inspection. Lender and any persons authorized by Lender shall have the right at any time, upon reasonable notice to Mortgagor, to enter the Premises at a reasonable hour to inspect and photograph its condition and state of repair. 7. Declaration of No Set-Off. Within one (1) week after request to do so by Lender, Mortgagor shall certify to Lender or to any assignee or proposed assignee of this Mortgage, in writing duly acknowledged, the amount of principal, interest and other charges then owing on the Obligations and on any obligations secured by prior liens upon the Mortgaged Property, if any, and whether there are any set-offs or defenses against them. 8. Required Notices. Mortgagor shall notify Lender promptly of the occurrence of any of the following: ia) a fire or other casualty causing damage to all or any part of the Mortgaged Property; (b) receipt of notice of eminent domain proceedings or condemnation of all or any part of the Mortgaged Property and Mortgagee hereby grants Lender an irrevocable power of attorney to appear and act for and on behalf of Mortgagor in any and all such proceedings; (c) receipt of notice from any governmental authority relating to the structure, use or occupancy of the Mortgaged Property or any real property adjacent to the Mortgaged Property; id) a change in the occupancy of the Mortgaged Property; {e) receipt of any notice from the holder of any lien or security interest in all or any part of ~he Mortgaged Property; or if) commencement of any litigation affecting the Mortgaged Property. 9. Mortgage and Liens. Without the prior written consent of Lender, Mortgagor will not create or permit to be created or filed against the Mortgaged Property, any mortgage lien or other lien or security interest superior or inferior to the lien of this Mortgage, or in any way modify or amend any prior lien on the Mortgaged Property. 10. No Transfer. Without the prior written consent of Lender, Mortgagor will not cause nor permit any transfer of legal o~ equitable title to, beneficial interest in, or any estate or interest in the Mortgaged Property, or any part thereof, voluntarily or by operation of law, whether by sale, exchange, lease, conveyance, merger, consolidation, the granting of any lien or security interest or otherwise, or any agreement to do any of the foregoing. 11. Events of Default. Any one or more of the following events shall constitute an Event of Default hereunder: ia) Failure of Mortgagor or Obligor to make any payment of principal or interest or any other sum promptly when due on any of the Obligations; (b) Mortgagor's or Obligor's nonperformance of or noncompliance in any material respect with any other agreements, conditions, covenants, provisions or stipulations contained in the Note, the Surety Agreement, this Mortgage or any of the Loan Documents; lc) Any signature, statement, representation or warranty made in the Note, the Surety certificate, application, request or other document furnished to Lender .by Mortgagor at any time prior to, now or hereafter, is not true and correct in any material respect when made or delivered; (d) The occurrence of any default under the Note, the Surety Agreement or any of the Loan' Documents or under any other agreement binding upon the Mortgagor or Obligor or their property; (e) The commencement by or against any Mortgagor or Obligor' of any proceeding under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, the making by any Mortgagor or Obligor of any general assignment for the benefit of creditors, the failure of any Mortgagor or Obligor generally to pay debts as such debts become due, or the taking of action by any Mortgagor or Obligor in furtherance of any of the foregoing; or (f) The transfer or sale of any part of the Mortgaged Property or any interest therein, without the Lender's prior written consent. :. ~, 12. Remedies of Lender. ~ (a) Upon the occurrence of any Event of Default, the entire unpaid balance of the Obligations, including interest as has accrued and as may thereafter accrue thereon, and all other sums secured by this Mortgage, shall become immediately due and payable, at the optipn of Lender, without notice to or demand upon Mortgagor or any other person; and thereupon, in addition to all other rights or remedies available under the Note, the Surety Agreement or any of the Loan Documents, or at law or in equity, Lender may: (i) forthwith bring an action of mortgage foreclosure hereon, and may proceed to judgment and execution to recover the balance due on the Obligations and any other sums that may be due thereunder, including attorneys fees, costs of suit and costs of sale to the extent, - if any, provided in the Obligations and permitted by law; and (ii) enter into possession of Premises, with or without legal action, lease the same, collect all rents and profits therefrom and, after deducting all costs of collection and administrativ~ expenses, apply the net rents and profits to the payment of taxes and other necessary maintenance and operational costs (including agents' fees and attorneys' fees) or on account of the Obligations, in such order and in such amounts as Lender in its sole discretion may elect, and Lender shall be ~iable to account only for rents and profits actually received by Lender; and (b) Any real estate sold hereunder or on any other judicial proceedings, may be sold in one parcel as an entity or in such parcels and in such order and manner as Lender, in its sole discretion, may elect. 13. Rights and Remedies Cumulative. The rights and remedies of Lender as provided in the Note, the Surety Agreement, this Mortgage and the Loan Documents shall be cumulative and concurrent, may be pursued separately, successively or together against Mortgagor, against the Mortgaged Property, or any other person liable hereunder or thereunder, at the sole discretion of Lender, and may be exercised as often as occasion thereof shall arise. The failure of Lender to exercise any right or remedy on any one or more occasions shall in no event be construed as a waiver or release thereof. 14. Mortgagor's Waivers. Mortgagor hereby waives and releases to the extent permitted by law: (a) All errors, defects and imperfections in any'proceeding instituted by Lender under the Note, the Surety Agreement or this Mortgage, and/or the Loan Documents; (b) All benefits that might accrue to Mortgagor by virtue of any present or future law exempting the Mortgaged Property, or any part of the proceeds arising from any sale thereof, from attachment, levy or sale on execution, or providing for any stay of execution, exemption from civil process or extension of time for payment; and (c) Unless specifically required herein, all notices of Mortgagor's default or of Lender's election to exercise, or Lender's actual exercise of any option under the Note, the Surety Agreement or this Mortgage. 15. Future Advances. Without limiting any other provisions of this Mortgage, this Mortgage shall also secure additional loans or advances hereafter made by Lender to or on behalf of Obligor. Nothing contained herein shall impose any obligation on the part of Lender to make any such additional loan(s) 16. Communications. All communications required or permitted to be given under this Mortgage, to be effective, shall be in writing, and shall be hand delivered or sent by registered mail, postage prepaid, return receipt requested, addressed to the addresses set forth above or at such other address. as the addressee may hereafter designate in writing in the manner herein provided. 17. Severability. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, by operation of Jaw or otherwise, in any jurisdiction, then,~.a~r, to such jurisdiction only, such part shall be void and the remaining provisions ~f this Mortgage' shall remain in all other respects valid and enforceable, and such invalidity shall not invalidate or render unenforceable such provision in any other jurisdiction. 18. Binding Effect - Amendment. This Mortgage is binding upon and shall inure to the benefit of Mortgagor and Lender, and their respective successors and assigns. This Mortgage may not be changed or amended except by agreement in writing signed by the party against whom ehforcement of the change or amendment is sought. ~' ~' 19. Applicable Law. The validity, construction, meaning and effect of the provisions of this Mortgage shall be governed and determined by and under the laws of the Commonwealth of Pennsylvania. ABC5 PA SURETY OVER 50,CO0 IN WITNESS WHEREOF, the Mortgagor has hereunto set his hand and seal the day and year first written. This instrument is intended to constitute an instrument under seal.. Connie~r, Touloumes, Individual -J Demetrios S. Touloumes, Individual The undersigned, being authorized to do so, hereby ce~ifies that the precise address of the within named Mo~gagee is 11 ~ Presidential Boulevard, Suite 215, Bala Cynwyd, PA 19004 iTnhster~nJeenrtS, igned hereby acknowledges receipt, without cos~,L~o' a true and correct- ~,op~ of the within Connie ~. Touloumes, Individual '7. Demetrios S. Touloumes, Individual AEIC§ PA SURE3~ OVER EXHIBIT A Oescription of Premises 31 South Baltimore Street Mt. Holly Springs, PA ACKNOWLEDGMENT ' /" : STATE OF ~ ~"l./~,~.?f~'//~_,~ .///~.~._ : : SS COUNTY OF ~.~/~ ~ .~ : On ~. /9~, before me, the undersigned, personally appeared My Commission Expires: known to me or satisfactorily proven to me to be the person(s) whose name(e) is/are subscribed to the within instrument and acknowledged: that he/sh~executed the same for the purposes therein contained and desire that it be recorded as such; IN WITNESS WHEREOF, I have hereunto set my hand and official seal Notary Public NOTARIAL ~EAL ' J ARLENE D. MAtSCH. Nom~ Pu~k: , Yo~, York Coun'q,, PA A8C$ PA SURETY OVER 50,OQO ~1, .e Al ,'ican Business Credit, Inc. ,' nem] OUPLICATE OF ORIGINAL Bala Cynwyd, Pennsylvania 19004 ~.,dl~'~t~ IZICo LOAN Ip 3654 $155,000.00 PROMISSORY NOTE February 20, 1998 FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND HEREBY, the undersigned (each, jointly and severally, if more than one person or entity, hereinafter referred to and obligated as "Debtor") promises to pay to the order of AMERICAN BUSINESS CREDIT, INC. (hereinafter "Lender") at Balapointe Office Centre, 111 Presideqlial Boulevard, Suite 215, Bald Cynwyd, Pennsylvania 19004, or at such other location as Lender may designate from Qme to ~ne, with interest as set forth below, the principal sum of One Hundred Fifty-Five Thousand And 00/100 Dollars ($155,000.00) to be paid as follows: Principal payments, together with interest calculated at a rate of 15.9900 % per annum, payable in One Hundred Seventy Nine (179) equal, consecutive monthly installments of $2,275.41 each, beginning on March 20, 1998, and continuing on the same day of each month thereafter, with a final, One Hundred Eightieth (180), installment of $2,272.21 Together with any unpaid principal, interest, costs, fees or other sums due hereunder accrued in connection herewith. S, ECU.R~,. INTEREST7 As secu~ty for the promptpayment as and when aue..o.~ ~ amounts owm§ under this Note, inc~uffmz any amendment thereon, has been paid in full ;~: ,;~ -.~1_.m. omer erasung anu future indebtedness, Iiabil/Qes and ....... .a~ever crartsactlons aris~R including, withou~ collectively refefi-ed to as the ;'Obli~'~" = 'J'J?.t""~. merema~-- r ~S~o~Y~ebto~sent, agr .eem,ent .or document gr~ntins Lender any rights in ~X, , , ~ proper9' rot the puspose of secUnng the Obligation, i~.".2"~i~2 _ .=~ns_ Z ,~. a ,maucuns, w~thout limi~aoa any ~ or o,,~ ~-~oaE~ng to ~e~tor ot ~y deposit, a~encv, trust, escrow or other i,,~_cco_unr,~,..or.._a~o__un.ts_ ,w~. th ,Lend. er, .and any. o-tber' 'amounts which may~ .interest. sba/1 ~ m, dep~m.d, ent of any ~ght of set-off ~l~sh ~e~;.~A~ y~ngnt o~ se?off .m f~vor of Ler~der, if exercised, shall be deeme~ proper0d in Lenders possession, notwithstanding that such set-off may be entered upon Lender's books and records at a hater time. ~ .. ;~o,nvaumvei.), rleemea to con.~titute disbursement of such ro marl tor the benetit of each and every Debtor. PREPAYMENTS . This Note may not be prepaid in part at any t~me p?.payment tee e~ual to the total amount oflnterest ~cal~.~-,T5 - -- ~ .a Note m--'~''-'I''%~'P'~ '~apq' am°?m or this Note over the hill term of this ~ a.:-~.ul~ _e~ oy a .~ac. tion, the, nu~, e~tor of which is equal to the sum a ' . the month m which the mit/a/ p yment m due through and inchidJno [e mort'; ' "' - . ,.~lment dde credited first) and the number of ' mL!~, ~, ty . ~, ..r~sp~. d~. I~ly r~duced, but no such pveva..,ment shall reduc~ ~..o,~..~ or m? .r.n~u~ed msu~Ument(~) on each i/~&dlmmt until the entre prm~pal amount hereof, together with atl' i~e~t duee Debtor and -" -' any ~oa~r.i~.Obh~l~or-' as used herein, shall include ...... a.u ?net pet~ons ~aole, either solely, Joinflv or severall,, ao~oiuteiy or con~ngenfly, on the Obligations incl,.'a':d~ --~- ..~' here v~w~ ors).. (l),_.date this Note as of the date wheaa the loan evidenced _ay ,w. ,a;.,s maae; ~,z) COmplete a,t}y blank s~aces accordine to th,, ~- -,~',~ l-~v'~o~s to .~. ag?~ as ..an additional Debtor or Obligor witho t ' any way affecting or liming the ,liability of the existing Oblig~ Lend~e~. immediatel ~JY- ....... the due aate thereof, there ~ be ~ ~'d, ala~;~s, ~ttils~c.n ,pnnclp,al anti/or in.teres.t p.ast due shall b~ added to the :_, ~ ..... su..c~.pastaueitmountmpaidmfulL Interestat therdteof ~ueres?e~.rorm m this Note shall accrue and is payable on each late char~,e ~r~..m__th:e_ _~_a~ ~ny, s, ,u ch . .la. t,e charge initially b~-c~mes due until such ~a~e --._~. ~ ~ pmu m nm. All late charges are immediately due and payable ~vO~ ~no~ ?r de,.m~ Any payments of prin~pa/ and/or'interest pay. y late...charse(s) due hereunder on or before the third monthly iar~ ~e ~e~ o~, ~e.da? suc~ hate charge(s) first, h~mme due, Lender may, r~_t u.e..~nu aox. lute oi.sc2'e~ion~ dechal-e sztch failure to come,ute an Event of ~EV~ShOF D?.FA,.L~, .T. - Each of the following shall be an 'Event of ereunaer. IU the nonpayment when due of any amount payable under this Note (except late charges, to the extent herein provided) or o~ any ~b~U~rt ~'oho~ee under?r on any of the Oblisa,ong (9} the failure of ,__3~ ,,.,., L°.r. penorm any ~greement or any nature whatsoever with .~en%.e~, ~?l u ?y L~rnig,or beco ..m~s.. insolvent or makes an assignment for the oenem or crechtors, or u any petilion is filed by or against any Obligor under any provision of any state or federal law alleging that such Obligor /s .,m.so?.e~t or unable to pay debts as they matu~ or under any provision me U~.n:.t. ed Sta. t?. Bar,.l~alptcy C~.e.; (4] the entry of ~my judgment against Ob ' · . Y g. ~ condi~on ol an = ligor ,w~.hi..c~ .m. the ~oha, reasonable ludgment of Lender, is matarialI~ th- ~=- '- "corporanon.parmersmp or other business entity without ,~ Erwr. wnnen COnsent orLender; (6) the death, incarceration or a~alE.aicatio~ off leg .~. incompetence of ~ny Obligor who is a natural er be-tofo, or h ,aer to ~ .~ a~¥. tanugor m connecbon w~th any of the Obligations, or in connection vath any guaranty or surety agreement applicable-to any of the Obl,gations, is materially false or incorrect; or e fadure of a~y Obl/eor to timely fumtsh to Lender such fir~nciaJ and :r irdommtion as I-enter .may reasonably request or require. LENDER'S RIGHTS UPON DEFAULT- It an Event of Defau/t shall oco. u- hereunder, and not be cured within five (5) days following the del/very of .~,'t~n ~oti~ o~ .~,f~o~t by r~der to Debtor, the o.ts~g ., .~?'~'e,,t oge.me~,w~,th th~ pre,~payment fee (calculated as provided above in ~ ~ote Rn~er me heading l'~epayme~ts), and any late navments or ~ due. to..:~.der ~.~ any Ob~gor, to~ethe; ,,~th~ iLtemt mereon snail ~e unmediately due and payable '.~'ithout notice to a-nv {Ol,b~g?r a~d shall ,accrae interest after the Event of Default at the lesser 6~ ~ ~ mrer~t rate ?t. t~.v, enty-fout (24%) ,percent per aruntulx in lieu of the m~erest rate prowaea tot above; or (2) tile maxamum amount permitted by applicable law. In addition, upon an Event of DefauJt, Lender may: exe-rO~ it~ right of set-off a.qc~ all of the rights, be~lefits, Privileges a. nc{ ~ unuer me rows ot a.ny other jurisdiction in which an}, collateral security for the Obligations may be located), and all of its rights and remedies at law or in equity and under an}, secu~ty agreement- pledge aagreeme~!, ~ortgage, pow. er, tills N~te or any other note, or any other g~'e,mem, ,u~..tru~.e. Dt o? aocum~t ~ued in connection with or arisin~ out o?ny.oL.m.e ualiga??s (the Loan Documents'} all which ri,~.hts an~ remedies sna.tt oe cutau~atlve; and {2) ptu-~aant to the ~Varta~t of ~ttorney contained herein. CONFESS J U DG M~EI~-F against Debtor. APPLI..C.AT~ON OF FLFNDS - All sums realize~ by Lender on account of the 9bligal~ons, from whatever source received, shall be applied first to a~y re?, co~ts and, expenses (.' .l~.Utling attorneys' fees) ir~ b~ Le~der, ~t.o .~ and unp~ ~te~t, .e~t to late ~-~gm ~a th~ to ~ 'v pak. o.r m. any other ?.taler that Lender may determine. Debtor a~ es aha re~eases any nght to r~uire Lender to collect any of the ©bli~atio~ from. any collateral under any theory of marshalling bf assets or~ ~m~, aha specifically authorizes Lender to apply any collateral in which Obligor has any right, title or interest against any of the Obligations in any manner that LoaJ~er may_determine. WARRANT OF ATTORNEY TO CONFESS JUDGMENT - Debtor hane~ebc~Y ~ev .ocably a,uthc!.,r?_es anc~ empowers any attorney or a.uy clerk of ~any, -- or vecoro, w~tn or w~thout the oo~u'rence of an'/ Ewmt of ~,~a, u~t- to appear, for and, CONFESS fUDGMENT against Debtor. fl) for (2) in any action of replevin insgtuted by Lender to obta~ vosse~e~ ~ execution and With an amount, for l/e~ prio~ty p_utposes, equal to ~cent ~15%I of all sums payable hereunder~ but not le~s than mousano Dollars ($1,{~0.00) added for attorneys' collection fees, actual sanount of attorneys' fees to be governed by the prov~ions set forth ~1o~ To the extent ~perznitted by Idw Debtor. fl) waives the right of ~.~ :~es ta.e,pro?onotary or caer~ o~ any c~t to enter upon the Writ of ecu. uon. ,s~a vol ,u~.tary condemnation and agrees that said ~ estate ~a~oe s~gt on a Writ of Execution; (2) waives and releases all relief from pp~ent, stay, exemphon or appeal laws of any state now in force ~copy ,o.,r ~ r~ote, vermeopy affidavit by or on behal/of Lender shall have ~ meCl Lrt SUch aCtiOi% It sha~ not be necessary to file the original Note a.s a Wan'ant of Attorney. The authority and power to appear for and eCxOe..Nrta., j'UI~. ,ME~., agaiwt Debtor shall not be exhaustea'by th, initial s~ffiL~ed~r..,shall d.?an n. _ece~sary 'and desirabte, and this Note shall be a ., ent w .ar~t~.,, t mer.~o~-. Lerider may co,,ffess one or more ~udgments in m~ same or cu. aerent urisdictions for all or any part of the Ol~ligations, .~without regard.to w, he .~,er ludgment ha~ theretofore been entered on more rn~ o.ne oc?mo_n .tot me same Obligations. in the event any judgment aTuth~ yn ?coco, rs ve~a~ for any mason wbetscever, Lender ~s hereby C ~*w.~ ~ a~a~..c ~L~0yor for ali or any part of the Obligations; sublect. ~?Z.L~_~,~_t?.~e,u~y?oV t~t ~h $.~.ent entry~ o~ ~ oi .,oe aone to cya'e any errors or aefe/:ts in such p~ior p~oceedin~ and- -drd-v' ~ INTEREST ACCRUAL - interest shall be calculated hereunder for the actual number of days that the princir, al balance or any othe,' '~,,~ a.. *~ nxty (aeo) aays unless otherwLse specified, interest sha~I continu~ to ATTORNEYS' FEES fl~rID COSTS - In the event that Lender engages an arums out of the Ohl/gatiom; (2) the eraomement of any of a~.~n__~ti,'es ~mder ~ th? Loan Documents; (3) any polen~al and/ol ~,. (guon ~or ~qmga~on.of ~y coffater~ ~ouga~om ~a/o~,m ~e ~o~m~t of ~y Ob~goffs ob~ga~om R~ PAY~ C~RGE -~ ~e ev~t ~at ~btor m~ a paym~t ~der ~ Note by ~ neeo~able ~e~t or o ~t~.~g~ m ~ ~o~t ~u~ to ~e l~r of ~e ~e~ ~y mw or ~e ~de~s ~ e~g ~ge. ~SC~6D~S~ C~G~ -~cept ~ may ome~ ~ ~ by app~cable ~y ot ~e ~ ~; ~d (2) ~e ~le~ or ~fac~on of ~v ~o ~_5~ m~ p~ ~m wm~ m ~y pay re~t~ to ~btor, m~y ~SCEL~OUS . ~btor hereby w~v~mt~ notice of prot~t- p~g ~onor, no~ of ~or ~de~& To ~e ext~t ~ by ~w, ~b~r h~by w~v~ ~d ~le~ a~m~ ot ~btor ~de m ~on ~ ~ Note sh~ b~d ~bto~s ~ ~ fo~y ~n ~ held to ~ ~?~ ~ ~.~m~ ff ~ mv~d or ~o~ablepwv~ion had ~er ~ ~ h~ ~e wmver of ~ae~s .... Y .- - - , .~Y' i~l~oten~de~ve~ to ~ s~ ~ gov~ by *e ~w~ of ~e ~o~onwe~ of P~ylv~. · .p~a~ ~ m~ ?d~ve l~c~on of ~e fede~ ~d s~te co~ ~e~ ~?fl~on ~d ~o~m~t her~t, exc~t ~ ~e~der may IN WITNESS WHEF~EOF, [...~ Mortgagor has hereunto set his hand and seal the day and year first 'written. This instrument is intended to constitute an instrument under seal. 31 S. Baltimore, Inc, t/a The Holly Inn ,~. 7 Connie ~; Touloumes, President ~f, Demetrios S. Tou~'cume..5', SeoYetary (Affix Corporate Seal Here) VERIFICATION The undersigned, an officer of American Business Credit, Inc. the instant Plaintiff, or its servicing agent, being authorized to make this Verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are taken from the records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C~S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~'"'--"' ~ ...- ~ ~. gm-e: C~arolee'~, E~quire ~ssistant Vice President Company: American Business Credit, Inc. SHERIFF'S RETURN - OUT OF COUNTY NO: 2001-04562 P ~MONWEALTH OF PENNSYLVANIA: iUNTY OF CUMBERLAND ~MERICAN BUSINESS CREDIT INC VS TOULOUMES DEMETRIOS S ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: TOULOUMES DEMETRIOS S , Sheriff or Deputy Sheriff who being search and but was unable to locate Him in his bailiwick. deputized the sheriff of ADAMS County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On August 13th , 2001 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Mileage 4.55 Adams County 32.40 73.95 08/13/2001 BARBARA FEIN So answers: /~ R. +~homas Kline r Sheriff of Cumberland County Sworn and subscribed to before me this /L~ day of ~__ ~0~ [ A.D. I / Prothonotary SHERIFF'S RETURN CASE NO: 2001-04562 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN BUSINESS CREDIT INC VS TOULOUNES DEMETRIOS S ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT TOULOUMES CONNIE A but was unable to locate Her deputized the sheriff of ADAMS serve the within COMPLAINT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: He therefore Pennsylvania, in his bailiwick. County, - MORT FORE to On August 13th , 2001 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 08/13/2001 BARBARA FEIN So answer : Sheriff of Cumberland County Sworn and subscribed to before me this /~ day of ~ A.D. Prothonotary ' In The Court of Common Pleas of Cumberland County, Pennsylvania American Business Credit, Inc. VS. Demetrios S. Toulo~nes et al SERVE: Connie A. Toulo~nes N0. 01 4562 civil NOW, AugUst 6, 200i , I, SHERIFF OF CUMBERLAND COUNTY; PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service NOW~ within 20 ., at o'clock __ M. served the upon by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of Sheriff of · COSTS SERVICE MILEAGE AFFIDAVIT County, PA AINllO3 -I-IIB3HS ~0 :g'l d L- 911V IOOZ, 03^1303B In The Court of Common Pleas of Cumberland County, Pennsylvania American Business Credit, Inc. VS. Demetrios S. Touloumes et al SERVE: Demetrios S. Toulo~nes No. 01 4562 civil Now, Aug'lst 6, 2001 , I, SHERIFF OF CU'MBERLAND COUNTY, PA, do hereby deputize the Sheriff of adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA NOW, within Affidavit of Service ,20 ,at o'clock M. served the upon by handing to and made known to copy of the original So answers~ the contents thereof. Sworn and subscribed before me this __ day of ,20__ Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT /~INNO3 8~¥0¥ ~IB3HS ~O~gd L- I~!1r IOOZ, 03AI3038 DATE RECEIVED MASON DIXON BUSINESS FORMS, INC. SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17323 DATE PROCESSED SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ AMERICAN BUSINESS CREDIT) INC. 3. DEFENDANT/S/ DEMMI'RIOS S. TOULOUMES and CONNIE A. TOULOUMES SERVE INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on the reverse of the lest (No. 5) copy of this form. Please type or print legibly, insuring readability of all co~. 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A'rTACHED OR SOLD. Connie A. Touloumes 6. ADDR£~ (~r~ o~ RFD, Apart~nt No., C~ty, Soro, Twp., ~ete a.d Z~P GODE) 260 Oak Grove Rd., New Oxford, PA 7. INDICATE UNUSUAL SERVICE: [] PERSONAL [] PERSON IN CHARGE [] DEPUTIZE [] CERT. MAIL [] REGISTERED MAIL [] POSTED [] OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WiLL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN--Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without rlebility on the part of such deputy or the sheriff to any plaintiff herein for any loss, deetruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATFORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. CATE K PLAINTIFF Barbara A.Fein, Esq. [] DEFENDANT (215) 653-7450 SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE 12.orl acknowledgecomplaint asreceiPtindicated°f theabove.Writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title . 13. Date Received 14. Expiration / Hearing date 15. I hereby CERTIFY ar~ RETURN that I [:~have personally served, [] have served person in charge, [] have legal evidence of service as shown in "Remarks" (on reverse) [] have poeted the above de~cripad property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corborntlo;I, etc., at the address inserted below by handing/or Posting a TRUE end ATTESTED COPY therof. 16. [] I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corpo~etion, etc., named above. (See remarks below) Connie A. Touloumes p~, ~ ~x~. [] [] 19. Address of where sewed (complete only If different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) 22. ATTEMPTS Date Mlle~ Dep.lnt, Date Mllee Dep.lnt. Date Mlle~ Defl.lnt, D~te MIIN De 23. Advance Costs 24. 25. 26. 27. Total Costs 20. Date of Service 21. Time 8/9/2001 6: 53PM ,Int. Date Mi ~. Dep.lnt. 28. CO~T DUE OR REFUND AFFIRMED and subsc~bed to bef¢xe me this day of MY COMMISSION EXPIRES N/A I ACKNOWLEDGE RECEIPT OF THE ~HERIFF'S RETURN 81GNATURE I 39. Date Received DATE RECEIVED MASON DIXON BUSINESS FORMS, INC. SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 DATE PROCESSED SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ AMERICAN BUSINESS CREDIT~ INC. 3. DEFENDANT/S/ DMMMI't~IOS S. TOULOUMES and CONNIE A. TOULOUMES SERVE INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY ~-IE SHERIFF" on the rever~e of the lest (No. 5) copy of this form. Please type or print legibly, insuring reedabillty of all copies. 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. Connie A. Touloumes 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) AT 260 Oak Grove Rd., New Oxford, PA 7. INDICATE UNUSUAL SERVICE: [] PERSONAL [] PERSON IN CHARGE [] DEPUTIZE [] CERT. MAIL [] REGISTERED MAIL [] POSTED E3 OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN--Any deputy sheriff laving upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or affachment, without rlebility on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE ~ PLAINTIFF Barbara A.Fein, Esq. [] DEFENDANT (215) 653-7450 SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THII LINE 12. I acknowledge receipt of the writ SIGNATURE of Authorized ACeD Deputy or Clerk and Title 13. Date Received or compleint as indicated above. 14. Expiration / Hearing date 15. I hereby CERTIFY ertl RETURN that I [~have personally served, [] have served person in charge, [] have legal evidence of service as shown in "Remarks" (on reverse) [] have poeted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE end ATTESTED COPY therof. 16. [] I hereqy certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) Connie A. Touloumes p,~, ~ ~o(le. [] [] 19. Address of where sewed (complete only If different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., State end ZIP CODE) 22. ATTEMPTS Date MIMe Dep.lnt, Date Mllel Dap,Int. Date Mllel Dep.lnt, Date Mllee De ~3. Advance Costs 24. 25. 26. 27. Total Costs 20. Date of Service 21. Time 8/9/2001 6: 53PM ,Int. Date MI ~l Dap. Int. 28. CONT DUE OR REFUNO AFFIRMED and supecHbed to before me this day of N/A SO ANSWER. Jame% W, MUller 8/9/2001 RAYMOND W. NEWMAN 8/9/2001 SHERIFF OF ADAMS COUNTY MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE ~HERIFF'S RETURN StQNATURE 39. Date Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE. PROTHONOTARY DATE RECEIVED MASON DIXON BUSINESS FORMS, INC. SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 DATE PROCESSED SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ AMERICAN BUSINESS CREDIT~ INC. 3. DEFENDANT/S/ DtRM~f~IOS S. TOULOUMES and CONNIE A. TOULOUMES SERVE INaTRUCTION~: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on the reverse of the ioet (No. 5) copy of this form. Please type or print legibly, Ir~sudng readability of all copies. Do not detach any copies. ACSD ENV,# 4. TYPE OF WRIT OR COMPLAINT: ~ompla~nt in Mortgage Foreclosure - 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATFACHEO OR SOLD. Demetrios S. Touloumes 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) AT 260 Oak Grove Rd., New Oxford, PA 7. INDICATE UNUSUAL SERVICE: [] PERSONAL [] PERSON iN CHARGE [] DEPUTIZE [] CERT. MAIL E] REGISTERED MAIL [] POSTED [] OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF Or ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER iNFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN--Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying parson of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any IDes, destruction or removal of any such property before sheriff's sa~ thereof. 9. SIGNATURE of ATFORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE ]~[=LAINTIFF Barbara A. Fein, Esq. [] DEFENDANT (215) 653-7450 SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE 12. I acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy o~ Clerk and Title 13. Date Received 14. Expiration / Hearing date or complaint as indicated above. 15. I hereby CERTIFY and RETURN that I ~[ have personally served, [] have served person in charge, [] have legar evlbence of service as shown in "Remarks" (on reverse) [] have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address Inserlep below by handinglo~ Posting a TRUE and ATTESTED COPY therof. 16. [] I hereby certify ami return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual served Demetr'ios $, Tou].oumes 19. Address of where sm'vab (complete only if different than shown above) (Street or RFD, Apartment No., City, Bom, Twp., State and ZIP CODE) 22. ATTEMPTS Date Mllee Dap. Iht, Date Miles Dap,Int. D~te Mil# Dap. Iht Date Mil# D~ AFFIRMED and ~ub~ribab to before me this day of N/A MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN S/QNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. 20. Date of Service 21. Time 8/9/2001 6: 53PM Int. Date Mi ea Oep,Int. $117.60 Ck. #5821 A MO WT 79/2OOl 39. Date Received PROTHONOTARY THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff AMERICAN BUSINESS CREDIT INC., Plaintiff, DEMETRIOS S. TOULOUMES and CONNIE A. TOULOUMES Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-4562 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND FOR ASSESSMENT OF DAMAGES Kindly enter judgment for $217,046.56 in favor of Plaintiff, American Business Credit, Inc., and against the Defendants Demetrios S. Touloumes and Connie A. Touloumes for failure to file an Answer to Plaintiff's Complaint in Mortgage Foreclosure within twenty (20) days from service thereof and assess Plaintiff's damages as follows and calculated from those set forth in the Complaint. Principal balance of mortgage Interest due and owing at the rate of 15.99% calculated from January 28, 2001 through May 22, 2001 Interest due and owing at the rate of 24.00% calculated from May 23, 2001 through September 14, 2001 Late Charges due and owing under the Note in accordance with the Mortgage Instrument Default Fee due and owing under the Note in accordance with the Mortgage Instrument $153,830.36 7,856.80 11,690.70 5,024.17 29,249.70 Escrow Advances made by Plaintiff Mortgagee on behalf of Defendant mortgage account Court CostS and fees AttorneyS' fees TOTAL I__~ RE~ JUDGMENT TO BE E~TERED $1,453.31 250.00 $7,691.52 $217,046.56 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara ~. Fein, Esquire AND NOW, judgment is entered in favor of the Plaintiff American Business Credit Inc., and against the Defendant Demetrios S. Touloumes and Connie A. Touloumes, and damages are assessed as above in the sum of $217,046.56- Pro. Prothonotary ~ THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff AMERICAN BUSINESS CREDIT, INC., Plaintiff, DEMETRIOS S. TOULOUMES and CONNIE A. TOULOUMES, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-4562 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA S.S.: COUNTY OF MONTGOMERY THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein named and that the above named Defendants are not in the Military or Naval Service of the United States of America or its Allies as defined under the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant Age Residence : Employment: Demetrios S. Touloumes Over 18 31 South Baltimore Street, Mt. Holly Springs, PA 17066 Unknown Defendant : Age Residence : Employment: Connie A. Touloumes Over 18 31 South Baltimore Street, Mt. Holly Springs, PA 17066 Unknown COMPANY: American Business Credit, Inc. Sworn to and subscribed before me, this ~ day of (~~ _, 2001. Notary Public [ Notarial See "1 Kathleen Cerlberg, Nota~J Public ~ Lower Marion Twp., MontgomerY Countyl IL(My Commission Expires Oct. 7, 2002 ~ LMember' pennsylvania Association ot Notartes JUL THE LAW OFFICES OF BARBARA A. FEIN, Barbara A. Fein, Esquire / I.D. No. Kristen J. DiPaolo, Esquire / I.D. No. 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff 53002 79992 AMERICAN BUSINESS CREDIT, INC., Plaintiff, DEMETRIOS S. TOULOUMES and CONNIE A. TOULOUMES, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-4562 Civil Term CERTIFICATION OF MAILING OF NOTICE UNDER PA. RCP RULE 237.% The undersigned hereby certifies that a written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the Defendant(s) and/or to their legal counsel of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. said Notice was sent on the date set forth in the appended copy of the Notice, sent as stated. Dated: August 30, 2001 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. F~[n, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 THE LAW OFFICES OF BARBAR3% A. PEIN, P.C. Barbara A. Pein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff AMERICAN BUSINESS CREDIT, INC., Plaintiff, DEMETRIOS S. TOULOUMES CONNIE A. TOULOUMES, Defendants. and COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-4562 Civil Term NOTICE OF INTENTION TO TAKE DEFAULT UNDER PA. RCP RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required of you in this case. Unless you act within ten (10) days from the date of this notice as set forth below, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 NOTIFICACION IMPORTANTE usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este case. A1 no romar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 Date of Notice: August 30, 2001 PERSONS SERVED: Demetrios S. Touloumes 260 Oak Grove Road New Oxford, PA 17350 Connie A. Touloumes 260 Oak Grove Road New Oxford, PA 17350 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, E re Attorney for Plaintiff Attorney I.D. No. 53002 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff AMERICAN BUSINESS CREDIT INC., Plaintiff, DEMETRIOS S. TOULOUMES CONNIE A. TOULOUMES Defendants. and COURT OF COMMON PLEAS CUMBERLAND cOUNTY NO. 01-4562 civil Term CERTIFICATION OF ADDRESS I, Barbara A. Fein, Esquire, Attorney for Plaintiff American Business Credit Inc., hereby certify that the Plaintiff's correct address is 111 Presidential Boulevard, Bala Cynwyd, PA 19004 and the last known address of each Defendant is as below. Demetrios S. Touloumes 260 Oak Grove Road New Oxford, PA 17350 Connie A. Touloumes 260 Oak Grove Road New Oxford, PA 17350 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquzre Attorney for Plaintiff THE LAW OFFICES OF BARBARA A. FEIN, Barbara A. Fein, Esquire / I.D. No. Kristen J. DiPaolo, Esquire / I.D. No. 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff 53002 79992 AMERICAN BUSINESS CREDIT INC., Plaintiff, DEMETRIOS S. TOULOUMES CONNIE A,. TOULOUMES Defendant. and COURT OF COMMON PLEAS CUMBERLAND cOUNTY NO. 01-4562 civil Term CERTIFICATE OF SERVIC~ I, Barbara A. Fein, Esquire, Attorney for Plaintiff American Business Credit Inc., hereby certify that I have served a true and correct copy of the appended mortgage foreclosure pleadings/papers upon the following parties at the last known address and/or upon an attorney of record, as noted: Demetrios S. Touloumes 260 Oak Grove Road New Oxford, PA 17350 Connie A. Touloumes 260 Oak Grove Road New Oxford, PA 17350 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire Attorney for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Court House One Courthouse Square Carlisle, PA 17013 CURTIS R. LONG, PROTHONOTARY TO: Demetrios S. Touloumes 260 Oak Grove Road New Oxford, PA 17350 AMERICAN BUSINESS CREDIT INC., Plaintiff, DEMETRIOS S. TOULOUMES and cONNIE A. TOULOUMES Defendant. COURT OF COMMON PLEAS CUMBERLAND coUNTY NO. 01-4562 civil Term NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above captioned proceeding as indicated below. LAWRENCE E. WELKER, PROTHONOTARY [XX] Judgment by Default entered IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: BARBARA A. FEIN, ESQUIRE AT (215) 653-7450. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Court House One Courthouse Square Carlisle, PA 17013 CURTIS R. LONG, PROTHONOTARY TO: Connie A. Touloumes 260 Oak Grove Road New Oxford, PA 17350 AMERICAN BusINESS CREDIT INC., Plaintiff, DEMETRIOS S. TOULOUMES and CONNIE A. TOULOUMES Defendant. COURT OF COMMON PLEAS CUMBERLAND coUNTY NO. 01-4562 civil Term NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above captioned proceeding as indicated below. ~, PROTHONOTARY [XX] Judgment by Default entered IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, BARBARA A. FEIN, ESQUIRE AT (215) 653-7450. PLEASE CALL: