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Home My WebLink About01-0494 FX ,'nl " ~nl ,~.," . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA f/kJa SEARS MORTGAGE CORPORATION, CIVIL DIVISION Plaintiff, NO.: 61 - Lj~'1 vs. AMOS E. STONEBERGER and MEDORA 1. STONEBERGER, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or obj ections 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 SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 4th Floor 1 Courthouse Square Carlisle, P A 17013-3387 (717) 240-6200 ,- " -""I., ~ :1' . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA f/k/a SEARS MORTGAGE CORPORATION, CIVIL DIVISION NO.: 01- '/9'1 Cu;Jr.u.-- Plaintiff, vs. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE PNC Mortgage Corp. of America flk/a Sears Mortgage Corporation, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiffis PNC Mortgage Corp. of America f/k/a Sears Mortgage Corporiation, which has a principal place of business at 539 South 4th Avenue, Louisville, Kentucky 40202 and is authorized to do business in the Conunonwealth of Pennsylvania. 2. The Defendants, Amos E. Stoneberger and Medora I. Stoneberger, are individttals residing in the Commonwealth of Pennsylvania whose last known address is 429 Shippensburg Road, Newville, P A 17241. 3. On or about May 17, 1991, Defendants executed a Note in favor of Plaintiff in the original principal amount of $67,237.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about May 1 7, 1991, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of$67 ,23 7 .00 on the premises hereinafter described, said Mortgage being recorded in the Office ofthe Recorder of Deeds of Cumberland County on May 22,1991 in Mortgage Book Volume 1013 Page 1018. A true and correct copy of said Mortgage containing a description of the premises subj ect to said " .--7 ! ., d ", 1 I _ ._~ ~,,~ 'J, . , Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. On or about September 8, 1999, Defendants entered into a Recasting Agreement with Plaintiff, said Agreement being recorded in the Office of the Recorder of Deeds of Cumberland County on October 6, 1999 in Mortgage Book Volume 626 Page 955. A true and correct copy of said Recasting Agreement is marked Exhibit "C", attached hereto and made a part hereof. 6. Defendants are the record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage, as Modified by the aforesaid Recasting Agreement, and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the June 1,2000 payment. 8. On or about August 13,2000, Defendants were mailed combined Act 91 and Act 6 Notices, incompliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of1983 and Act 6 of 1974,41 P.s. 9101, et seq. 9. The amount due and owing Plaintiff by Defendants is as follows: Principal Interest through 12/24/00 Late Charges through 12/24/00 Escrow Deficiency through 12/24/00 Attorney's fees Title Search, Foreclosure and Execution Costs $65,232.28 $ 3,585.82 $ 188.86 $ 525.15 $ 850.00 $ 1,500.00 TOTAL $71,882.11 " ,~ d L. i..j, . ' ..~ ~, WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount dtte of $71,882.11 with interest thereon at the rate of $15.40 per diem from December 24, 2000, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale ofthe mortgaged premises. GRENEN & BIRSIC, P.C. BY: ~/;/2tC Brian B. Dutton, Esquire PAlD# 81953 Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .,IIIiiI' ~ll . i I ..' '. " IW~ 3o:;.t1f LENlJER'. t {f-3r-34665 '. 'A F_ 18-I13h OIDlIW I.-.) n..,btd; 1hfdt.1978.1Jn 'B"'.s!~"'l:l.':'~ 38. MORTGAGE NaIIollIIMOr....McJda,I.... NOT~E: THIS LOAN IS NOT ASSUMABLE W-ImQUT THE APPROVAL OF THE DEPARTMENT OF y'P1'ER'NNS"" AFFAIRS OR ITS AUTHORIZED AGENT. lI'...IM'"~hM\il>l!l/lJAJt -UiP HILL, Pennsylvania. MAY 17~?:9Ll:;'<:.i1.'f-; PENNSYLVANIA NOTE VA C'SE t LH 4l~1e,,301H) '>iT or ,." $67.237.00 FOR VALUE RECf;lVED, the 1IIlderslgned, AMOS E. SIONEBERGER AND MEDORA I. SIONEGERGER. HUSlIANO ANIJ NlfE ,l1etelnafter O8lled the Maker, Promises to pay to SEARS MORTGAGE CORPORATION , or order, a corporation organized enlI existing under the laws of lhe SlATE Of OHIO l1etelnafter dosignaled as thePayoe,the prlnclpal sum of SIXlY-SEVEH TlIllIlSAND 111I) lIUlllll\l:O lNIN1NEVEH .NIl 00/100--------------------,---------------------------------~-------------------------------------- ----------------.----------"-------------------,----------m--,--Dollars ($670237.00--------------) with Inlerest from date at the rate of HIHE-----------------------m-m_________________ per cenlum (--------------9.0000 %) per annum on the unpaid bIllance until paid. The said prlnclpaland Interest shall be payable at the office of SENlS MlIIlIG'BE CORPORATION In RII'ERNOODS. ILLINOIS 60015 at 2500 lAKE COOl( ROAD or such place as the !\Older may designate In writing In monthly Installments of FIVE HlINllIlEO FOOTT.lIIlE AI() OOIlOO-----------------------------------------m-..'-..----..,--,----m.. m--------------------------------m---------Doltars($541.oo-----m__m___), commenclng on the first day of JULY ,19 91 , enlI on Ibe IIrst day of eaclt month thereafter unlil the principal and Interest are fully paid, except that the final payment of the entire Indebtedness evldimced hereby, if not sooner paid, sliall be due and payable on the first day 01 JutE:, LOZt Privilege Is reserved to prepay at any time, without premium or lee, tbe entire indebted.... or any part thereof not Jess tban the amounl of one Instatlment, or One Hundred Dollars ($100.00), whichever Is Jess. Prepayment In full shall be credited on the date received. Partial prepayment, other than on an Installment clue date, need not be ctedlled untlt the next lollowing Installment due date or tbirty days after such prepayment, whichever Is earlter. Slmuttaneously with the .....tlon 01 this Note tbe Maker has ....uted and delivered to the Payee a Mortgage secured upon certain premises sllUaled In the Countyol CUHllERLAI() '.. , Commonwealth 01 Pennsylvania, more partieularly desCrlbod In the Mortgage. All 01 the terms, covenants, provisions, cendltlOllS, stipulations enlI agreemenls conlllned In sold Mortgage 10 be kept and perlormed by the Maker are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. and the Maker eovenants and agrees to perform the same, or cause the same to be kept and pertormed, strictly l1laceordence wltb the terms and provisions thereof. Tho whole of the principat sum or any part thereof, and of any other sums of money secured by the Mortgage given tosecure this Note,shall, forthwith, at the option of the Payee or any subsequent bolder thereof, become clue and payable Immedi/llety, without notice or demand,lf delault be made In any payment under this Note, and if the delault Is not made gend prior to the clue date or the next such lnsIallmenl; or upon the happening 01 any delault which, by the terms of the Mortgage given to secure this Note, shall entitle the Payee, or any subsequent !\Older hereof, to declare the same, or any part thereof. to be due and payable. Tho M_ does hereby empower any attorney of any cOurt 01 record within the United Slates or elsewbere to appear lor Maker, with or without a declaration lIled, and conless judgment or judgments against said Maker in favor of the Payee or any subsequent holder hereof. as of any term, for the entire unpaid principal of this Note. and all other sums paid by the holder hereof to or on behalf of the Maker pursuant to the terms of this Note or said Mortgage, and all arrearages of Interest thereon. together with costs of suit, attorney's commission of F1VE-----------------m-----u-----------------(--5.00ool % lor collection, and a release of alllhe right 01 inquisiUon on aU property levied upon to collect the Indebtedness evidenced hereby and does voluntarily condemn the same and 8uthorz the Prothonotary to enter web condemnation. and waives and releases all laws, now In forceer hereafter enacted. relatlng to exemption, appraisement or stayof execution. Tho agreements herein eonll_ shall bind, and the benel1ts and advantages shall Inure to, Ibe respecllve successors and assigns of tbe parties heretd. Wherever used, the slngular numher shalllnctude the ptura!, the plural lheslngutar, and Ibe use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Maker has o8used these presents to be executed under seat Ibe day and yeer Ilrstabove written. Signed, Sealed and Delivered In the Presence 01: (Seail ~... ocr ~ (Seail (Sea]) (Seail No:m\dSenl _Jo_,_...... _lWp.. Cumbo1andCc"",, M)'Cornnis:sionEJrPrOlSSepl.25,1993 Notlllry PubJlo. "':;'''''-''~'''''' ~<",",'.."'.-.,'~.",, ,"""c"' ,.- ._"!<)'t."'" "~,~,.,. ,. ~" " 'lOt (), ;:!~H:'< <-"'0 hi";,,'" .. :;.~! r'f'i':~" 'l.~< d:..l" u:n, . "li.,' .'~.'..'"l.'~. .,";,-li~"" . " ;" ~~ : PAY 'TO TIlE ORDER OF; . WlnlOUTRECOUIlSE ---~ y~.A ". MSl-secrOWY 1i' - r~', ,/ '"~".~:''' '" ". ';' l.J~' "" ., .: ~:. ~ 'e ,'~..."'" ,"\.'< , ,1:14' ~n '.,.,,-<< ~.~ .,.~ ,~. .1 1..- -"e. J' . RECORD ANIl RETURN TO: SEARS MORTGAGE CORPORATtON 2207 f"'EST RlllS II1lIVE HARRISIl1JIItl. PA m 12 I G-1II1'\\\ :-~O'l~',\ I '.' ;.. RECORDED-ormE or THE fiECQROE~. ('i=' DEEDS CUMSERLAtI;; COUNTY-PA. '91 flAV 22 PI'I12 5~ [SpaeeA.'bon Tim Line For ReconlingDal8) VA For. H_UU IIkIlllo; L-.n) Rt\'bt6 JlIntl97S.U.. Opllollal. StetioD IS10, 1111. 38, U.s.c, NnFeble kI Fldenl NlUalltI MOrtellt Auoelallon {AmtndtdMty.198,>> PURCHASE MONEY MORTGAGE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. The attached RIDER is made a part of this instrument. PENNSYLVANIA VA CASE I: LH 4'6319 LENGER'S I: 07-31-3.665 THISINDENTURE.m;delhe 17TH day 01 HAY year of our Lord one thousand nine hundred and NI NET\' ONE AMOS E. STONEBERGER ANO NEGGRA I., STONEBERGER. HUSBAND AND WIFE inlhe . BETWEEN (!Iere;;,altercalled Mortg'gor)'nd SEAflS MllRJG4GE CORPORATtON a corporation organized and existing under the laws of THE STATE OF OHIO 'nd having lis prinel)l81 offic:tland posl-offlceaddress in RIVERNOOOS. ILLINOIS 60015 AT 2500 lAKE COOK ROAD . . (herelnaltercalled Mortgagee): WITNESSETH: That the Mortg'gor toseeure the p'ymenlof m___m_____m__________..'",_._._______ SIXTY'SEVEH THOUSAND TWO HUNDRED THIRTY-SEYEN AND 001100----------...-----------------,-______....__,000__ ---------_.-------------------------------------------------------------------------------..------------- 0011'..($67.237.00--000-------- l. with Inlerest from d'te.at lherate of NINEooo---------m__________________ ----------.--------------per centum ( ------.:.----------9. ODO%) per annum on the unpaid balance until paid, as provided in a NOle 01 even date herewith. from the Mortgagor to The Mor1gagee. in monThly inslaltmentsol FIVE HUMOREO FOllTNNE AND OOIlOO----mm-----------------______m___m_____________________mm__ -------.--..-----..----...----.-----------.-----.-..-----.-.----.---.----.--------------...---------.... mm__________________________________OoIl'.. ($ 541. OO--..m________~. commencing on 1he first day of JUlY, 19 91 . and continuing Ihereal1er on Ihe first day of each month until such deblls fulty )l8\d, ellCept that.lI DOl SCOtler ,iald,lhe final payment Ihereof shalt be due and payabte 00 the first day of J1JNE . 2021 , and also to secure the performance of all covenants, agreements and condUions herein c:ontll:ined, ~oes by these presents grant, barge in, sell, assign, release, convey and confirm 10 the Mortgagee, ALL 1he following deocrlbed reat properlY situated tn the TOWNSHIP of NOlITH NENTON . County of CUlIBERi.M() and COrnrrlonwealth 01 Peunsylvanla, 10 wit: SEE ATTACHED SCHEOULE A ~..., --- COH'ONlY KNOWN AS: '29 SHIPPENSIlURG ROAD. NENVlllE. PENNSYlVANIA 17241-9'81 TOGETHER with all and singular the buildings, improvements, Bnd fixtures on said premises, as well as all additions or improvements now or hereafter made to said premises, streets, aUeys, passages, ways, waters, water courses, rigllts, l\bertles, privileges, herednBmen\.S, Bnd appurtenances whatsoever thereunto belonging, or in any wise sppertainlng. and the reversions and remainders, rents, Issues. and profits thereof,and in addition thereto the following described household appliances, which are. and shall be deemed to be. fiXtures and a part or the really, and are a portion of the security Jor the Indebtedness herein mentioned, namely, "'~~ <C!t3fPAl""" ".g'1.'. v..... MORTGAOE FOIlMS. C31:J)~3-Il'IOO. IIOD)!o21-'12111 XC14050 BOOK1013 PAct1018 __~,J ! , , Jj ..........1 provided, however, that the Mortgagor shall be entitled to collect and retain the said rents, issues, and profits until default hereunder: TO HAVE AND TO HOLD said property, bereby granted, wtth the appurtenances, unto said Mortgagee to its own'use forever: This Indenture is made, however, subject 10 the following covenants, conditions, agreements and stipulations, and the Mortgagor-covenantsand agrees: 1. That the Mortgagor will promptly pay the principal of and interest on tbe indebtedness evidenced by the said Note, at the times and in the manner therein provided, witb privilege reserved .10 prepay at any time, wilhont premium or fee, the entire indebtedness or any part thereof not less than the amount of one lnstllllment, or one bundred dollars ($lllO.OO), Whichever is less. Prepayment in full shall he credited on the elate received. Partial prepayment, other than on an lnstllllment due date. need not be credited until the next following installment due date or thirty days alter su~h prepayment, whichever is earlier. . 2. To more fUlly protect the security of this Mortgage, the Mortgagor shell pay to the Mor188gee as trustee (under the terms of this trust as hereinafter stated) in addition to and concurrently with, each monthly installment of principal and interest until said Note is fully paJd, the foJlowing sums: (a) A sum equal to the ground rents, if Bny, next due, plus the premiums that wll1 next become due and payable on policies of fire and other hazard insurance, plus -taxes, assessments. and sewer and water rents, next due on the premises covered by this Mor188ge (all as estimated by the Mortgagee, and of which tbe Mortgagor is notified) Jess all sums already paid therefor divided by the nwnber of months to elapse before one month prior to the date when such ground rents, premiums, taxes, assessments, and sewer and water rents, wUI become due, such sums to be held by Mortgagee in trust to pay said ground rents, premiums, taxes,assessments,and sewer and water rents. (b) The aggregate of the amounts payable pursuant to subparagrapb (al and those payable on this debt shall be paid in a single payment each month, to be applied to the following items in the order stated: (I) ground rents, taxes, assessments, sewer and water rents, fire and other hazard insurance premiums; (II) interest on this debt; and (III) amorti2ationof the principal of th~ debt. Any deficiency in the amount of any such aggregate monthly paymentshaJI constitute an event of default hereunder and under said Note, unless made good by Mortgagor prior to the due date of the next such payment At Mortgagee's option, Mortgagor will pay a "Jate charge" not exceeding four per centum (4%) of any installment when paid more than ftfteen (IS) days after the due date thereof to cover the extra expense involved in handling delinquent payments, but such "late Charge" shall not be payable out of the proceeds of any sale .made, to satisfy the indebtedness secured hereby, unless such proceeds-'of any sale made 10 satisfy the indebtedness secured hereby, tmfess such proceeds are sufficient to disebarge the entire indebtedness and all proper costs and expenses:secured thereby. . 3. If the total of the payments made by Mortgagor, under (a) of paragraph 2 preceding, shall exceed the amount of payments actually made by Mortgagee as trustee lor ground rents, taxes, assessments, sewer or water rents, or insurance premiums, as the case may be, such excess shall be credited on subsequent payments to be made by Mortgagor ,foHoch Items or, at Mortgagee's option,as trustee,shall be reJunded to Mortgagor. If,however, such monthly payments shalt not be sufficient to pay such items when the same shall become due and payable, then Mortgagor shall pay to Mortgagee as trustee any amount necessary to make up the deficiency within thirty (30) days aUer WrItten notice from Mortgagee stating the amount of the deficiency, which notice may be given b}' mail. If at any time Mortgagor shall tender to Mortgagee, in accordance with the prOVisions hereof, the full payment of the entire indebtedness represented'hereby, Mortgagee, as trustee, shall in computing the amount of such indebtedness, credit to the account of Mortgagor any credit balance remaining under the provisions of (a) of paragraph2. If there shall be a default under any of the provisions of the Note and this Mortgage securing- the same, WhIch results in a public sale of the premises covered thereby, or If title to the property is otherwise acquired by the Mortgagee after the default, the Mortgagee, as trustee, shall apply, at the time of the commencement of such proceedings or at the time the property Is otherwise acquired by the Mortgagee, the balence then remaining to the credit of Mortgagor under (a) of paragraph 2, as a credit on the interest accrued and unpaid, and the balance on the principal then remaining unpaid on the Note. 4. Mortgagor shall pay to Mortgagee all ground rents, taxes, assessments, sewer and water rents. and all other charges and claims assessed or levied at any time by any ,lawful authority upon the premises covered by this Mortgage which, by any present or futur~:1aw or laws, shall have priority in lien or payment to thedebt represented by said Note and secured by this Mortgage, and provision tor the. payment of which is not otherwise made herein, such payment to be made by Mortg~gor within thirly (30) days after demand by Mortgagee,stating the amount. S. The principal Indebtedness hereby evidenced and secured represents money actually used for the acquisition of OF for improvements to the premises secured by said Mortgage. 6. Mortgagor wiU continually maintain hazard lnsul1l:nce, of such type or types and amounts as the Mortgagee may from time to ti.me require, on the improvements now or hereafter on said premises, and except when payment for all such premiums has theretofore been made undeda) of paragraph2 bereof. wlll pay promptly when due any premiums therefor. All insurance shall be carried in companies approved by Mortgagee and the policies and renewals thereof shall be held by Mortgagee and have attached thereto loss payable clauses )n favor of and In form acceptable to Mortgagee. In event of loss, Mortgagor will give immediate notice by mail to Mortgagee, and Mortgagee may make proof of loss if not made promptty by Mortgagor. Each insurance company concerned is hereby authorized and directed to make payment tor such Joss directly 10 Mortgagee instead of to Mortgagor and Mortgagee jointly. The insurance proceeds, or any part thereof, may be applied by Mortgagee at Its option either to the reduction of the indebtedness or to the restoration or repair of the property damaged. In the sole and absolute discretion of Mortgagee, in event of foreclosure of the Mortgage or transfer of title to the mortgaged property in partial or total extinguishment of the Note hereby secured, all r18ht, tiUe, and interest of Mortgagor In and to any insurance potlcles then In force shall pass to the purchaser or grantee or shall be canceled end the cancellation proceeds, If any, retained by Mortgagee. Full power is hereby givel) to Mortgagee to settle or compromise all . claims under such policies and to demand, receive and receipt for all moneys- becoming payable thereunder, Q-31PA!189(l1) . At<.J~ pooo2014 BOOK1013 PACfl01:J ~ ' : i . : ',;,,' !j " .~._,~~ ~ ...r V" "'" 7. Mortgagor shall Dot execute or file of record any instrument which linpo$es il restriction upon the sale or Occupancy of the property herein described on the basis of race, color or creed, 8. Morlgagor will not suffer any lien superior 10 the lien .....Ied by Ihls Mortgage 10 altach to or to be enforced against Ihe premises covered by this Mortg&ge. Mortgagor shall not commit or permit waste: and shall maintain the property In as BOOd condition as at pr....t. reasonablawear and leor "cepted. Upon any failure so 10 maintain, Mortgagee.at its opllon. may cause reasonable maintenance work to be performed at the cost of Mortgagor. 9. Mortgagee sltallltave the right to pay any ground rents, taxes, a..=ents. sewer and waler rents, and all other charges: and claims which Mortgagor has agreed to pay under the terms hereof, to advance and pay any sums of money that fn Its judgmenl may be necessary to perfect or pr...rve Ihe title of the premises covered by this Mortgage,or for insurance premiums or for any authorized maintenance work. Any amount or amounts so paid or advanced shall be added 10 the principal debt. shall bear Inlerest at the rate provided for In the principal Indebtedness from the dale of paymenl or adVance, and shall be secured by this Mortgage ratably with said prlnclpal debt and Interest thereon. Mortgagee, at its option. also shall be entitled to be subrogated to any lien. claim, or demand paid by It. or disoharged with moneyadvanced by It and secured by lhls Mortgage. The payments and adva.... so made shall be payable in approxImately equal monthty payments extending over such periods as may be agreed upon by the Mortgagor and Mortgagee, but not beyond the due data of the flnat installment ollhe principal debt. In event of fallure to agree on date of maturity, the Whole of the sum or SlJffiS so paid or advanced shall be due and payable thirty (30) days afler demand by Mortgagee. 10. The lien of this Mortgagee shall remain In full force and effect during postponement or extension of the time of payment of the indebtedness,or any part thereof, which it secures. 11. Upon the request of Mortgagee, Mortgagor shaJJ execute and deliver a supplemental Note or Notes for the sum or sums advanced or paid.-by Mortgagee for the atteration. mOdernization or improvement of the mortgaged property made at Mortgagor's request; and for maintenance of said property, or ground rents, taxes, assessments, sewer and waler rents. and aU other charges and claims assessed or levted against said property by any lawful authorIty. or for any other purpose elsewhere authorlzfd hereunder. Said Nole or Notes shall be secured by this Mortgage on Il. parity with and as fuIly as if the amounts stated in such Note or Notes were part of that stated in the Note'hereby secured. Saki supplemental Note or Notes shall bear interest Il.t the rate provided for in the principal indebtedness Il.nd shall be payable in approximately equal monthly payments for such period as may be agreed upon by Mortgagor and Mortgagee. In event of faUure to agree on date of maturity, the whole of the sum or sums so advanced. or paid shall be due and payable thirty (30) days after demand by Mortgagee;but in no event shall any such maturity or due date extend beyond the due date of the final installment of the principal debt. 12. If the indebtedness secured hereby be guaranteed or Jnsured under Tine 38, Unlted States Code, such TUle end Regulations issued thereunder and in effect on the date hereof shan govern the rights, duties and liabilities of ",'1 the parties hereto, and any provisions of tbls or other Instruments execut~ in connection with saJd indebtedness which are Inconsistent wlth said Title or Regulations are hereby amended to conform thereto. -. . 13. If. at any time, a Writ of Execution (Money ludgment) or other ..ecution Is properly issued upon a judgment obtained upon said Note, or if an Action of Mortgage Foreclosure or any other appropriate action or proceeding to foreclose a mortga~ is instituted upon or under this Mortgage, an attorney's commission of F IVE-m__m_______________n________m____u_uper centum (---u-----------5.oooo %) of said prlncipat debt shail be payable, and recovered in addition to ail principal and interest and ail other recoverable sums then due, together with costs of suit. . 14. If any deficiency in the amount of any aggregate monthly payment mentioned in (b) of paragraph 2 shall not be made good by Mortgagor prior to the due date of the next such payment,or if default be made at any tlme in any of the covenants and agreements herein, or in the Notesecured, then and in everysuch case, the whole principal debl shan. at the option of Mortgagee, become due and payable Immediately. Payment thereof and all interest accrued thereon, with an attorney's commission 8S hereinbefore mentioned, may be enforced and recovered at once, anything herein contained to the contrary notwithstanding, In the event of any breach of any covenant, condition, or agreement of said Note, or of this Mortgage, it shall be lawful lor Mortgagee to enter upon all and singular the land. buildings, and other rights, corporeal and incorporeal, granted by this Mortgage, and to take possession of the same, and of the fixtures and equipment therein, and to have, hold, manage, lease to any person or persons, use and operate the same in such parcels and on such terms and for such periods 01 time as Mortgagee may deem proper in its sole discretion, Mortgagor agreeing that he shall and wl1l, whenever requested by Mortgagee so ,to do. assign, transfer, and deliver unto Mortgagee any lease or subiease; and to coIlect and receive aU rents, issues," and profits of said mortgaged premises and every part thereof; for aU of which said Note shan be a sufficient warrant whether or not such lease or sublease hs!: been assigned; and to make from time to time aU reasonable Il.lterations. renovations. repairs, and replacements thereto. Alter deducting the cost of such alterations. renovations, repairs, replacements, and the expenses incident to taking and retaining possession of the mortgaged property, the management and operation thereof, and to keeping the same property Insured. 10 appty any residue 01 such rents, Issues. and profits to the payment of (a) aU ground rents. taxes, charges, claims, assessments, sewer and water rents, and any other liens that may be prior in Iten or payment to the debt secured by this Mortgage, with Interest thereon, (b) premiums for said insurance, with interest thereOn, (c) the interest and principal due and secured by this Mort~ge with an costs and attorney's fees; In such order or priority as Mortgagee may determine, any statute,law, custom,or use to the contrary notwithstanding. The taking of possession of the mortgaged premises by Mortgagee, as herein provided, shall not relle\'e any defauU by Mortgagor.or prevent the enlorcemenl 01 any 01 the remedies provided by said Note or this Mortgage. The remedies provided by said Note and this Mortgage or any other indebtedness therein provided or secured by this Mortgage, and for the performance of the covenants, conditions, ancl agreements of said Note or this Mortgage are cwnulative and concurrent, and may be pursued singly, or successIvely, ~r together, at the sole discretion of Mortgagee, and may be exercised as often as occasion therefor shall occur. Q-3IPAIC&90111 'og.3"'. ,.4d /J"....!JS. 8otiil1013 PAGE1020 o.Jl),JIL ,~~.~~" J ,., ~ ~ PROVIDED. that In case delaultshall be made In 1I1e payment of any Installment of principal and Interest, or any other _t hmlnabOVe or In 1I1e conlllllono of lOl1l recllod Note provided lor. or In the keeping and perrormance by the MorlgaSOr of any covenant or agreement contained therein or In this Mortgage to be by lOid Mortgagor kept and performed, In Ibe manner and at1l1e time specified for the performance thereol. such default wll! ",,!lIJe Morlpgee lorthwilb. to bring and sue out an Action 01 Mortgage Foreclosure upon ibis Indenture 01 Mortgage, or to institute any other appropriate ectlon or proceedtng to foreclose a mortgage, and to proceed thereon to judgment and execution, for recovery ollOid princlpat debtor sums and alllntcreslthereonand all olber sums hereby secured. together with an altomey'rcommisslon lor collectlon... alor...leI, and COSlSand ex_ol such proceeding. and to puroue any and all other appropriate legal or equitable remedies In such cases Provided withoUt further stay 01 execution or other process, any taw, usage, or custom to the cOnlrvy notwithstanding. Mortgagor expressly waives and rellnqUlsbos all benefit that may accrue by virtue of any and every taw made or to be "",de exempling the mOrtgaged premises or any other premises or property whatever, reat or personal, /rom attael1ment,levy. or sale under execution, or any part of the proceeds arising from any lOle thereof. and all.beneftt of any Slay of execution or olber process. Mortgagor hereby waives and relinquishes unto and in favor of the Mnrtpgee, all benellI under all taws now In effect or hereafter passed to relieve the Mortgagor In any manner from the ollJigations assumed In1l1e Note for which this Indenture Is security. BUT PROVIDED AL WA Y5, nevertheless, thet if lOld Mortgagor shall pay or cause to be paid unto the lOld Mortgagee. Ibe aforesaid debt secured by this Mortgage, when and In 1I1e manner hereinbtlore mentioned and appol.ted for payment of the lOme. together with Interest and alt other sums hereby secured, then and from thenceforth. ibis Indenture. and the ..late hereby granted... wen .. salel recllod Note, shall cease, determine, and !lecomevOId' a.ythlngherelnbeforeor I. said Note contained to the contrary notwilhsta.dlng. If Ibis Mortgage Is executed by more than one person.. Mortgagor. the liability of each shall be joint and seYer1l1. The co.....ts, condllions. and provisions contained i. salel Note, or In this Mortgage, shall bIncI. and the benefits and advantages thereof shall inure to. the respective heirs. executors, administrators. SUCD!SSOrs. _. ami assig.. of the parties herelo or tbere\o; and wbeneVerllSed In saill Note or in this Mortgage, 1I1e singular. number shall include the plural. the pturalthe singular, the use of any gender shall be applicable to all genders, and the term 'Mortgagee' shall include any payee of 1I1e indebtedness represenlod by lOid Note, or secured by this Mortgage, or .ny transferee thereof, whether by operationof taw or otherwise. IN WITNESS WHEREOF, Mortgagor hereunto sets his hand and seal. Dated the day and yaar rll'Sl hereinabove written. SIGNED. SEALED AND DEUVERED IJIi THE PRESENCE OF: V- vt 4~.p ~~."-~ _ AMOS E. STONEBE EA ' "'9Uk",.(/ ~'ffo MEDORA I. STONEBERGER .........., (Seall .BorroWtlr (Seall (Seall '''''noww (Seall '''''noww CERTIFICATE OF RESIDENCE I, Ta"",; S. KMlh , do hereby certify that the correct address of the withln-named Mortgagee is 2500 Lake Cook Road, Riverwoods~ n. 60015 Witness my hand ibis 17th ,1991 ~Of May , ~'~ff4 Apnt of Mortgagee COMMONWEALTH OF PENNSYLVANIA COUNTY OF On Ihls, abovHlamed }ss Cumberland 17th clay of May ,A.D., 19 91 Amos- E. Stoneberger and Medora I. Stoneberger . before me, came the and acl<nowiedged the wilbln Indenture of MOr/pge to be desired the same to be recorded as such. ",\~.,~~..~.~...,... ..<:: ~'hand and seat,the clay and year afOresaid. ;~;,.,~::::'t,,-, ~;~. " I ~:'. ~,,~.. ' My commission expires ~COi 01o~ ;'~( ~tf.ofOtnet:r :........a .",,:- \1'll".~EP/~f<~'.'." . \oq}MMJ'~'~ROH 'm~Rr.seuI\5. PA 17112 their act and deed. and ,19 No~'t';:!!~ Bon'!k>..b_"""'YPubib .,!.!'}.'r~~~~""""" "''-':''''''''~~~2!l,1$93 -.....-.-.,,- q-3(PA)18tou "00'..,4 BoOKi013 rml021 , ~ .:., . ,~ .' ~~,oI., t"""'~~ ~ ~ L... J ,~ - .. ,.w"' .,. "'Ilii~ . " . '.. VA CASE I: LH 446319 LENDER'S I: 07-37-34665 Veterans Affairs Rider . To The Deed of Trust/Mortgage This Rider is made lhis 17TH day of MAV , 19 91 , and is incorporated into and shall be deemed to 8lI\end and JIIpplement the Mortgage, Deed of Trust, Deeclto Secure Debt (the "Security Instrument") of the same date given by the undersigned (the "Mortgagor") AMOS E. STONEl\ER6ER AND MEDORA J. STONEBERGER, HUSBAND AND WIfE and covering the property described in the Security Instrument and located at: 429 SHIPPENSBURG ROAD. NEWVILLE. PENNSYLVANIA 172419481 (Property Address) "the title 'Secretary of Veterans Affairs' shall be substituted lor that of 'Administrator of V.eterans Affairs' and the designation 'Department of Veterans Affairs' shall be substituted for that of 'Veterans :A:dmlnistratlon' each time either appears in the Deed 01 TrustlMortgage pursuant to the provisions of Section 2, Pub. L'Non~,lttlte Department of Veterans Affairs Act." , IN WITNESS WHEREOF, the Mortgagor has executed this Rider. -1rrsC~~ J. '/ - (SeaI) Mortgagor ~~v1 MEDORA l. STONEB RBER (Sean ortgagor 8ooKi013 PACE1022 Vmiolll.l eM) XC56000 XCS600DISMlI 1138 Sl89 ~AiIIJ'" ., ~i ~ J -~'",. "... . - , " . ." VA CASE t: LH 446319 V A ASSUMPTION POLICY WBEl-37-34665 TO DEED OF TRUST/MORTGAGE Thls Assumption Policy Rider is made this t 7Tl1 day of MAY , 19 91 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument") of the same date given by the undersigned (thC "Mortgagor.">'!o secure the Mortgagor'S Note (the "Note") of the same date to SEARS MORTGAGE CORl'1lRATlON. AN OHIO COIlPORATlON (the "Mortgagee") and covering the property described in the Security Instrument and located at: 429 SH1PPENSBUR6 ROAD. NEIIYILLE. PENNSYLVANIA 172419481 (Property.Address) I THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. In addition to t!1e covenants and agreements made In the Security Instrument, Mortgagee and Mortgagor further covenant and agree that this loan may, at the option of the Note Holder, immediately become due and payable upon assumption transfer of the property securing such loan to any transferee unless, the acceptability of the assumption of the loan is established pursuant to section 1817 A of Chapter 'Sl, ntle 38, United States Code. In the event of a tr~nsfer of the property, then the following covenants and agreements apply: A. Fumling Fee. A fee equal to one-half of 1 percent of the balance of this loan as of the date'of ~ransfer of the properly shall be payable at the time of transfer to the Note Holder or its authorlzed.'attilttas' trustee for the Secretary of Veterans Affairs. If the assumor faiis to pay this fee at theltline;,nransfer, the fee shall constitute an additional debt to that already secured by this instrument, shall 'bear Interest at the rate herein provided, and, at the option of the payee of the indebtedness hereby secured or any transferee thereof, shall be immediately due and payable. This fee Is automatically waived If the assumor Is exempt under the provisions of 38 US.c. 1829 (b). B. Processing Charge. Upon application for approval to allow assumption 01 this loan, a processIng fee may be charged by the Note Holder or its authorized agent for determining the creditworthiness of the assumor and subsequently revising the Note Holder's ownership records when an approval transfer is completed. The amount of this charge shall not exceed the maximum established by the Deparlment of Veterans Affairs for a loan to which section 1817A of Chapter 'Sl, Tille 38, United States Code applies. C. Indemnity Liability, If this obligation is assumed, then the assumor hereby agrees to assume all of the obligations of the Veteran under the terms of the instruments creating and securing the loan, Including the obligation of the Veteran to Indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or insurance of the indebtedness created by this instrument. IN WITNESS WHEREOF, the Mortgagor has executed this Assumption Policy Rider. ./f~-~4F-'41-~ - AMOS E. STONEBERGER .~ <9?d./~ "- 0 aA-V (Seal) MEDORA I. STONEBERGER Morlgagor !Seal) Mortgagor Von.., 12(M) (Seal) Mortgagor &OOK 1013 fAGE1023 XCS601D/SMU 454 6189 lSeall MortgaBor XC55010 """<-':;'",.-'> ,.,," .....i . o. '. ALL THAT CERTAIN tract of land thereon situate on the Southeast side of Pennsylvania Route #533, North Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan of Survey by Adams County Surveyors, Registered Surveyors, dated October 13, 1978 and bearing drawing #A-270, as follows, to wi t: BEGINNING at a P.K. Nail in the centerline of the Southeast side of Pennsylvania Route #533, at a corner of Driveway for Fairgrounds Cas.shown on said Plan); thence extending from. said beginning point and along the centerline of Pennsylvania Route #533, North 44 degrees 35 minutes 00 seconds East a distance of 189.50 feet to a P.K. Nail in the centerline of said Pennsylvania Route #533 at a corner of property now or formerly of Glenn E. Heckendorn; thence leaving said road and extending along same South 45 degrees 16 minutes 20 seconds East a distance of 198.57 feet to an iron pin at a co~ner of property now Dr formerly of Newville Lions Community Fairgrounds; thence extending along same South 44 deg~ees 35 minutes 00 seconds West, a distance of 165.12 feet to an i~on pin at a corner of Driveway for Fairgrounds aforesaid; thence extending along same North 52 degrees 16 minutes 30 seconds West, a distance of 200.00 feet to the first mentioned P.K. Nail and Place of BEGINNING. a' e' BEING THE SAME PREMISES which Tueresa A. Palmer granted and conveyed unto Amos E. Strcneberger and Medora I. Stoneberger, by deed dated ~/1){~1 and intended to be recorded simultaneously herewith. , ", ....... Bod013 PAct1U24- " .. ,~' ;"'""'" , ~ 'J.'_ , :3' i1.", - ~ Prepared by " retum whell recorded to: Marcy Baraek PNC Mortgage Corp or America 75 N. Fairway Dr. VemoD BIDs, n. 60061 PNC 1.08111107-37-34665 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY-PA '99 aCT 6 Rf'lll ~O VAlLHG 1446319 RECASTING AGREEMENT September 8,1999 429 Shippensburg Road Newvill~A 17241 This agreement, made this 8 day of September 1999, between PNC Mortgage COIp of America, hereinafter referred to as Mortgagee, and Amos E. Stoneberger and Medora I. Stoneberger, hereinafter referred to as Borrower(s), WITNESSETH: ~ " Whereas the Borrowers are indebted to the mortgagee in the swn of Sixty Five Thousand Nine Hundred Fifty Four Dollars and Fifty Seven Cents ($65,954.57) (hereinafter called "new principal amount"), consisting of Sixty Two Thousand ~e ,,,",;>: ,\",. L'. Hundred Twenty Three Dollars and Forty SeVen Cents ($62,323.47) unpaid princ:ipilollarr "<iC amount and Three Thousand Six Hundred Thirty One Dollars and Ten Cents ($3\-69.il\4l0)~;'''''''lt;." unpaid installments of back interest, ground rents, hazard insurance premiums, taxes, assessments and mortgage insurance premiums. The payment ofwbich is secured by a note and security instrument owned and held by the Mortgagee, dated May 17, 1991, and recorded on May 22, 1991 in the office for recording of deeds in Cumberland County and State of Pennsylvania in Book 1013, Page 1018 and Whereas the parties mutually desire to modify the terms of payment of said indebtedness by changing the amount of monthly payments required on said note and security instrument; NOW, TIlEREFORE, in consideration of the covenants hereinafter contained, it is mutually agreed as follows: The Borrower(s) agree to pay the "new Principal amount" with interest at the rate 0[8.500% on the unpaid balance in monthly installments of Five Hundred Fifty Five Dollars and Twenty Five Cents ($555:25) commencing the first day of October, 1999, and on the flISt day of each month thereafter until the "new principal amount" and interest thereon are fully paid, except that final payment of the "new principal amount" and interest if not sooner paid, shall be due and payable on the first day of June, 2021. Page 1 of2 a~aK 62G fA&f 9.,),5 O(y}.. 00 \ - J , ~ "Borrower'" means each person signing at the end of this Note, and the person's . , .".,':2! . successors and assigns. "Lender" means the Veterans Administration and its SUCCessors and assigns. It is mutually agreed that said security instnunent still continue a first lien upon .~" the premises and that neither the obligation evidencing the aforesaid indebtedness nor the ,~, security instrument security the same shall in any way be prejudiced by this agreement, but said obligation and security instrument and all the covenants and agreements thereof and the rights of the parties there Wlder shal1 remain in full force and effect except as herein expressly modified. IN WITNESS WHEREOF, the parties have signed, sealed, and delivered this t on the above writt n. Thomas 1. Michelson Vice President C Mortgage Corp of America~~Jt \t... ~f _ , _ , CIII1)' MedoraI.Sto~ Ass!. Secretary PNC Mortgage Corp of America AL)A"1 ..?: ~J~J:~ -(SEAL) Amos E. Stonebeiger 0 wet ., '. .:.lJ:tC,i::;, , .. This date cannot exceed by more than 10 years the maturity date of the original note. STATE OF: P4 COUNTY OF:&"-h_ /"" .t. 1\ .s rE ~ ('f\.J..,.c.. -;:r. ~&.I.....S t_ Before me, personally appeared ,.,,..... . to me know to be the persoD(s) described in and who executed the foregoing instrument and acknowledged before that they executed the same. Wimessed my iland and seal this/itA. day of ~ , 1999. :~ :'., ~. .., '. ~~ /5A~jt:~' NOTARYP' tlG,-'.,,'t;-"-;;- .. ' ~~.;'~ , . ''''''''''''~~. .' . . W....,.. ". '41"" i\ COMMISfi. .' '~"'!"""? " ...,.~~,......~. .~ _. ~~~~~~~~3 .... ._ _ '.;;;':';.C _....~~..,.'..;....~~f..-i~. f;=...:4;.,.....~'i.;....0ali. . '. """""'-" -.f.. .~, ,.:,,-:7..... ....:"'.", ~~....~,..~-:"C" ~" .... I ,'~;""':V.;.;..--at~-;.I-.J"', ,..1 :?:;~'.'-"'~' ." ::"..--:':.'~,tt';>c...~"r_.';'''' HaEN a SHUI .,.~;.; .' ..' .,- <1~.:..;":::j f'o.t..._.:.... ~I:IE: \., .~.~:.._' ....';':.,.~I;".. ~,.t~CA""'" ......... ";:~ . 27o,,-y c.r.. ~.....{, ..~ .."...:7',,~#~,.";.i-!J. AL.:.~ ~4~ ~\~.u& ;'; J;(':f~' . ~.:.;. ~.~~. ...... 1/241 :.v.: . ...'.~"..~ ..'.":,":'. ~"JT~ :lr$ll;' 2, '.' BOOK 628 PAGE 9:16 "O<""",~"""''''C.' .' , " , ,~I . ~ ' .~'- "'! {Space Below This Line for Acknowledgment in Accordance with Laws of Jurisdiction} . (STATE OF JLLINOIS} (COUNTY OF LAKE} ~ ,\; ", :.. On September 28, 1999, before me, Marcy B. Barack, a Notary Public in and for said County and State, on this day personally appeared Thomas J. Michelson, Assistant Vice President ofPNC Mortgage Corp. of America. Known to me to be the person. whose name is subscribed to the foregoing instrument, and ackitowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. GIVEN UNDER MY HAND AND SEAL OF OmCE, this 28th day of September, 1999. ~~ . OFFICIAL SEAL MARCY E BARACK HOTMf PI8.IC. STATE OF lWHOIS MY ,CO_ION EXPIIIEB:10I25/1lO ._.,..../'Iy/"~............ SEAL eaJ~ 626 PACE 957 ""~" """"',"~ .-,";,..,..---,~' ."'" ~,., ,:c>" - ~"~ . .~ - co I ""~ ' ~ 'X {Space Below This Line for Acknowledgment in Accordance with Laws of Jurisdiction} ";"':1.!~e:.;:~ ;,~ (STATE OF ILLINOIS} (COUNTY OF LAKE) - On September 28, 1999, before me, Marcy E. Barack, a Notary Public in and for said County and State, on this day personally appeared Cara Cuny, Assistant Secretary ofPNC Mortgage COJP. of America, known to me to be the person whose name is subscribed to the foregoing instnunent, and acknowledged to me thatshe executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instnunent. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 28tb day of September 1999. ~ SEAL OFFICIAL SEAL MARCY E BARACK OOT_ PUBLIC. STATE OF IWOOIS MY COMMISSION EXI'lRES: 10121100 i State 01 pennSYlvania} County ot Cumberland 86 r;Cc?rd~d in the office for the recording of Deed ", . '.:' ::<\,,;. '-"t .n 'nd to E ~'_I S ,<" ". " ,- ... u' rum"", andCountv Pa '~.." . ". "", "",':. . inM;k./ Book ~ "01- p' if"'... . .'" ';: :-,' ,.:,.t~., _...VI ,_ age....oiI .1 .... N 7-. ...., ~ W;inilSS my h~nd and seal ot offic of ,,'; ,1J~;. :.\~5:.i"'1 car"SI8.PAthIS~YOf~U-1~,f;: :,'''I'';'r.,'''''l..1 , ott: '..' ,..' , '.' . . A ; '~&" ..ii,;'" ,;, ......' . ~ ..' .'..f'" ....? ',.. .... . "'1> l ..., eco at '.. .. .t.'~l ,,!:~:-, .~ "-.'i. 't...: l.fi'~>C-.' .', , ~~~ot. .....~'*;..b.it: >\ '-N...... J':, .~., ~:'; ",~r.~;,:~.:" . ...~'JIA.M B:iGK 626 FACE 958 ,,".i"-""""""'" . ' ':'l . '"^ - ;i: VERIFICATION The undersigned, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to her information and belief. TERESA SWITZER 2nd VICE PRESIDENT ill'rrr' . * lIl(~..:rfl::~~I<i.;. tilJ ""~M~~~",_, "~, ~~ - ~''-'-~-'aiL[ , .""- ~~",*;ktl'l" ",-;j,..jj;~<'''"'' _ """",mt-iM"':~"''-'-l!' ~llIiliIIiii.J~ .~~ ...J.~ \, . "'~~"= '-..-. ~~ """""~'1 I ! I i i I .. ~ "'~'; ~^"" ~. ',-^,.' ~-" . ~ ~ ~ ( (') 0 '(. c: C) -oS;: -'n ~. '- ......i ~ m """ mp""\ -~ fY~ ~X~ , ~::o .~ ~ ~ <- c,~ N ~;~;'~J --.J U>..c.> .c' .:<.? rcC? ,''"- '- ~o -0 ~:::::J~) ~ ::e:: ;;lo-:,:i.':: ~o :,:.:::,'-" C r;~) ,;~TT\ ~, ,~ :;:--1 0 5J -< ".", - ,~.,,' ,.~ -"'~.' ~,. '", _. , ".0 , "" k . "~ <, , '-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA f/k/a SEARS MORTGAGE CORPORATION, Plaintiff, VS. AMOS E. STONEBERGER and MEDORA 1. STONEBERGER, Defendants. TO DEFENDANTS You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ~~~ ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 539 SOUTH FOURTH AVENUE LOUISVILLE KY 40202 AND THE DEFENDANTS IS: 429 SHIPPENSBURG ROAD ZE'~ 4 , ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS North Newton Townshio (CITY, BORO, TOWNSHIP) (WARD) g;pp/L ATTORNEY FOR PLAINTIFF CIVIL DIVISION NO.: 01- /.f'9'i ~ TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: PNC Mortgage Corp. of America ilk/a Sears Mortgage Corporation COUNSEL OF RECORD FOR TIllS PARTY: Brian B. Dutton, Esquire Pa. 1.D. # 81953 GRENEN & BIRSIC, P.C. One Gateway Cettter, Nine West Pittsburgh,PPc 15222 (412) 281-7650 . 'j.,*" ~ - - ~" L ".....~ 'l!(y"l SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-00494 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PNC MORTGAGE CORP OF AMERICA VS STONEBERGER AMOS E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT STONEBERGER AMOS E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , STONEBERGER AMOS E 1/26/01 ANN CONTACTED OUR OFFICE, REQUESTING THAT PAPER BE HELD UNTIL FURTHER INSTRUCTIONS WERE RECEIVED, PAPER EXPIRED ON 2/23/01, RETURN NOT FOUND AS PER ANN (PARALEGAL) ON 2/23/01. Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 18.00 6.44 5.00 10.00 .00 39.44 S~~~~ R. Thomas Kline ' Sheriff of Cumberland County GRENEN & BIRSIC 02/26/2001 Sworn and subscribed to before me this t:tv ..<7 day of ~ d.-v-o J A.D. Qt(,- 0" ~ Pr t onotary ^flh , . I. J , L" J ~ '",-, SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-00494 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PNC MORTGAGE CORP OF AMERICA VS STONEBERGER AMOS E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT STONEBERGER MEDORA I but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTI CE , NOT FOUND , as to the within named DEFENDANT , STONEBERGER MEDORA I 1/26/01, ANN PHONED OUR OFFICE AND REQUESTED THAT PAPER BE HELD UNTIL FURTHER INSTRUCTIONS WERE RECEIVED, PAPER EXPIRED On 2/23/01.RETURN NOT FDUNDAS PER ANN (PARALEGAL) ON 2/23/01. Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 6.00 .00 5.00 10.00 .00 21. 00 :o~~~_ ;;! Thomas Kline Sheriff of Cumberland County GRENEN & BIRSIC 02/26/2001 Sworn and subscribed to before me this ..... d7~ day ofY'~ .::LIrO J A . D . , p~~fi~ ~J ~" ~ , ." :it": IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA f/k/a SEARS MORTGAGE CORPORATION, Plaintiff, YS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. TO DEFENDANTS Yau are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ~~~- ATTORNEY FOR PLAINTIFF [HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS, 539 SOUTH FOURTH A VENUE LOUISVI~LE KY 40202 AND THE DEFENDANTS IS, 429 SHIPPENSBURG ROAD ZE'P~ 4 , ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT TilE ~OCA TION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS North NelVton Township (CITY, BORO, TOWNSHIP) (WARD) ~.6~L ATTORNEY FOR PLAINTIFF CIVIL DIVISION NO.: tJ( - LltJt/ &;J TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: PNC Mortgage Corp. of America f/k/a Sears Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Brian B. Dutton, Esquire Pa. LD. # 81953 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 l' !~,: ~ f ~~~ (""" r';'I".' '\',,~ r:tc~~;~R~ In "f ,',''1'"]',; ',i ':~j';:." " i i: j" my ;i:,md arId the seal sa~d Couri" a':' Czrii'::dc, Fa. This ....dcJ......: day Of.~........., ~f "............~.....l?..p~:~y.O;1: - . , ' " . b"., " ,-- ~ ~.~ I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA f/k/a SEARS MORTGAGE CORPORA nON, CIVIL DIVISION NO.: Plaintiff, vs. AMOS E. STONEBERGER and MEDORA l. STONEBERGER, Defendants. NOTICE TO DEFEND Y Ott have been stted in court. If YOtt wish to defend against the claim set forth in the following pages, you mttst 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 COttrt yottr defenses or objections to the claims set forth against you. Y Ott are warned that if YOtt fail to do so the case may proceed without YOtt and a jttdgment may be entered against you by the COttrt without further notice for any money claimed in the complaint or for any other claim or reliefreqttested by the plaintiff. YOtt may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 4th Floor 1 Conrthouse Square Carlisle, P A 17013-3387 (717) 240-6200 , , ;;'1, ,.~. l ~,.-- ,~ ffi.',. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA Ok/a SEARS MORTGAGE CORPORA nON, CIVIL DIVISION NO.: Plaintiff, vs. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE PNC Mortgage Corp. of America f/k/a Sears Mortgage Corporation, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is PNC Mortgage Corp. of America f/k/a Sears Mortgage Corporiation, which has a principal place ofbttsiness at 539 Sottth 4th Aventte, Lottisville, Kentttcky 40202 and is authorized to do bttsiness in the Commonwealth of Pennsylvania. 2. The Defendants, Amos E. Stoneberger and Medora I. Stoneberger, are individttals residing in the Commonwealth of Pennsylvania whose last known address is 429 Shippensburg Road, Newville, PA 17241. 3. On or about May 17, 1991, Defendants execttted a Note in favor of Plaintiff in the original principal amottnt of$67,237.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about May 17, 1991, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of$67 ,23 7 .00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds ofCurnberland County on May 22,1991 in Mortgage Book Volume 1013 Page 1018. A true and correct copy of said Mortgage containing a description of the premises subject to said . - , ,-"J. I ~~ "....."''?;: Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. On or about September 8, 1999, Defendants entered into a Recasting Agreement with Plaintiff, said Agreement being recorded in the Office of the Recorder of Deeds of Cumberland County on October 6, 1999 in Mortgage Book Volttme 626 Page 955. A true and correct copy of said Recasting Agreement is marked Exhibit "C", attached hereto and made a part hereof. 6. Defendants are the record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the tem1S of the aforesaid Mortgage, as Modified by the aforesaid Recasting Agreement, and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the Jttne 1,2000 payment. 8. On or about August 13,2000, Defendants were mailed combined Act 91 and Act 6 Notices, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. SIOI, et seq. 9. The amount dtte and owing Plaintiff by Defendants is as follows: Principal Interest through 12/24/00 Late Charges through 12/24/00 Es(;row Deficiency through 12/24/00 Attorney's fees Title Search, F orec\osure and Exectttion Costs $65,232.28 $ 3,585.82 $ 188.86 $ 525.15 $ 850.00 $ 1.500.00 TOTAL $71,882.11 ~., .LI ,I" ." '. ~"":,, WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $71,882.11 with interest thereon at the rate of $15.40 per diem from December 24,2000, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosttre and sale of the mortgaged premises. GRENEN & BIRSIC, P.c. ~/d2~ BY: Brian B. Dutton, Esquire PAID# 81953 Attorneys for Plaintiff One Gateway Center Nine West Pittsbttrgh, P A 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. llli!D!.' '4i'~ .' I / .,' . . /,tlO~ 3o~tff LEt<<lER'. r {l-Sr-S.IISS '. fA ,_ zwue. ..... L...t R..u.d: .... 1m. Ute ~~. "'::,':;;.'::; ". MORTGAGE Nt."-t=IPP."-IIoII" NO'TTC& THIS LOAN IS NOT ASSUMABLE WI-tHQUr THE APPROVAL OF THE DEPARTMENT OF :v.E.1'ER~NS'''' AFFAIRS OR ITS AUTHORIZED AGENT. 1lI..1...\MA,H1.ul.I.'IIl.lAJ.? -CAVJLL'insy1van1a. MAY 17, 9 . ' ti,,~L':;~Ji!:!.{, PENNSYLVANIA NOTE VA C'lE I LH "~19o?ollo '''' 07 v., $61.237.00 , FOR V ALllE RECEIVED, tile undersigned, AMOS E. SrONEBERGER ANO MEDORA I. STDHEBERGER. HUSBAND Ahll NIFE , hereinalter called th. Mal<<r, Promises to pay to SEARS J<<lRTGAGE ClJlP(llATION ,or order, Horperanon organl....and..lstlng under 1he laws of tile SlATE f1F OHIO Ilerelnallor designated as1hePayee,1he principal SlIm 01 S1XTHEVEN TIIOOSAND 00 HIHlRED THIRTY-SEVEN AND 00/100-----------------------------------------------~-----_____________"__________ ---------------------m--------------------------------_-DoII.rs (S67. 237 .00--------------) with Int..... Irom dal..t the rato 01 HIN/---------------------------------------- per centum (------------9.0000 %) per annum on 1he unpaid balana! until paid. The said principal .nd Inlerest sIl.lI be payable at 1lt.olfice01 lEARS MORTGAGE CORPORATION In RlVERlIOOIlS. ILLINOIS 600tS at2S00 !.AXE coax ROAO or such plaCe as th.holder may design.toln wrttlng In monthly Installmentsol FIVE HUNOfI(D FORTY-ONE AICl 001100--"------------0-------------------0----------"----------------- ------------------------------------- Dollars ($541 .00-----------), commencing on th. fltSl day of JlR. Y ,19 91 , and on the lirst day of cadi month _lor until the principal and Interest are fully paid. eoa:ept lhat1he Dnat payment of 1he ent~ Indebtedness evidenced her.by, If not sooner paid, shallll< due and payable on the lirst day 01 JUNE, 2021 Privilege Is reserved to pr.pay at any tim., without premium or fee, the ent~ Ind.btedness or any part thereof not Jesa than the amounl of one installment, or 0.. Hundred Dollars ($100.00), wblchever Is less. Prepayment In full shall be aedlted on the dato received. Partial prepayment, other than on an Installment due dato, need not be aedlted untll1lt. _ foDowlng Installment due d.t. or tblrty days alter such prepayment, whlcltever Jg earlier. Simultaneously with the eaecutlon 01 this Not. th. Maker bas ""","ted and d.llvered to the Payee a Mortg.g. S<CUreduponcertalnpremlsesslluated In the County 01 ClIH1lEII.AICl -.' , COmmon.....tth 01 Pennsylvania, mo", particularly described In lh. Mortgage. All 0' the t.rms. covenants, provislons, conditions, stlpul.tlons and qreem.nts cont.1ned In sald Mortgag. to be kept and performed by the Maker Ire JJereby made a part of this Note to the same extent end with the same force and efJect as jf they wen fully sel forth herein, and th. Maker covenants and agtCCS to perform the same, or cause the same to be kept .nd performed,strlcllY In accordance wlth tb. terms .nd provisions lhcteol. The whole of the principal SlIm or any part thereof. and 01 any other sums of money secured by the Mortgage given 10 ~ this Note,shall,lorlhwlth, at the option 01 the Payee or any SIIbsequent holder thereof, become due .nd payable Immediatoty, without noflce or demand, Il default be made In any payment under this Note, and lithe del.ullls not mad. good prior to the due dato or the_ such Installment; or upon the happening of any default wIliclt, by tllC terms of the Mortgage given to see"'" this Noto, shalt entill. th. Payee, or .ny sub5equent holder hereof, to dllCla'" the same, or any perl thereof . to be due and payable. The Maker does her.by empower .ny allomey 01 any cOurt 01 tecord wllhln th. United SI.t.. or .lsewhere to .ppear for M.ker, with or without a decl.ratlon flied. .nd confess )1dgment or judgments against said Maker In favor 01 the Payee or any subsequent holder hereof, as of any term, for the COl~ unpaid principal of this Note, and aU other sums paid by the holder hereof to or on behalf of the Maker pursuant to the terms of this Note or said Mortgage, u1d all arrearages of interest thereon. together with costs of sull..ttorney's commission of FlVE-"--------------------------------------o(--S.OOOOl % for collection, and a rel.... of all the right of Inqulsillon on all property levied upon to eollect1he indebtedness evidenced he",by and does voluntarily condemn tb. same and authorl2zs th. Prothonotary to coler such condemnation, and waives and r.I..... all laws, now In force Or hereafter enacted. relaUng to exemption, app:aisement or stay of execution. The agreements herein conlalned sh.1I bind, and the benents and .d.... shall InUle to, the respective successors and assigns of th. parti.. her.to. Wherever used, the singular number shall Include the plural, th. plural the singular ,and the use of any gender shall be .pplicable to .11 genders. IN WI1'NESS WIIEREOF, the Maker has caused these presents to be executed under seal the day .nd year fltSlabove "rlllen. Signed, Sealed and Delivered In the Presence of: (Seao ~.o' -cr A~t~ 'Il!t: {I ,::~r (Seat) (Sc.t) (Seat) rHlS IS TO CERTIFY Utat lltls Ia th.,Notodeo:tibed In and secured by Mortgageof.... d.t. herewith_ on real estate situatM 1n OJ~RlAN) County. CommonwEaltb-of Pennsylvania. ~,e~~~ :::rl !1,.t.r-.. MY~EIipIroISopL25.19ll3 NoI.ryPultlio. q-2lPAJ..... . Qt~'100. II '201 --- """"'xo.OSO --"-~jli8.t:' !"l>" ; : f'rj!:" r- ~:J', (;:J\. .~..' ~!, ~-'-" '.1 -" --WJIIl€N" " p'~y 'TO TIlE ORDER Of': I W\TllOUT RECOURSE SlAIS'" M~ "~A.,,l..~~ __ _OWY '" ..l~ \.oi!! ':'~::;' ~1 i ." ~;"~:.~"~:". ... '., .f : :.:~. , !ffi!lI!lI,1 w -, RECORI) AtII REMN 10: SEARS MDRlllAGE ClIIPORATION 2207 fOREST HillS Illl'/! _1S1llJRG. PA 17112 I G-tJl'\\\ ::'01<&'\,\ I .', RECOROEO-O,"1'ICE or THE nECljnD~:. C.f OEEOS Cl!M3ERlMLi COUNTY-PA. '911'1RV 22 Pl'l12 5~ [s,ac.AbenTbi..Li_ For ReeordintData] VA F... 21..1:111 II... LRlII R.WbNJIul..l'fJS.u.a.Opt\aaIl. Seclloo 1810. TUl. 31. U.s.c. _.,1'"1. m ''''1 NlIIoIl,1 Mar",,' ",*"1_ (...11I.11I....'.1989) PENNSYLVANIA VA CASE I: lH 406319 lENDER'S I: 01-37-34665 PURCHASE I40NEV MORTGAGE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. The attached RIDER is made a part of this instrument. THI5lNDENTtJRE, made 1111: 17TH day 01 H.\ , year 01 out Lord one lIIousand nino hundred and NI NETY ONE AHQS E. STIlNEBEROU AND MEDORA I. STONEBEAGEII. NUS8AND ANO NIFE inlhe , BETWEEN (hereiOalter caUed Morlsecor) and SWIS MORTGAGE COJ\PORlT ION a corpora lion organl.zedand existing under the laws of THE SlArE Of OHIO andhavlngilsprlnclpatofflcundposl'offlceaddr...in RIVElINDDOS. ILLINOIS 6001S AT 2500 lAKE CDOK ROAD . (b.reinallercallcd Mortgagee): WITNESSETH: That the Mortgagor to....re lite paymenlo! ---_nm_______mm______n.__m____ SIXTY-SEVEN THOUSAND TNO NlIlIllEO TAIRTNEVEN AND 001100-------------------------------,--:____-'_______ .------.......-.....--..-----........-.........-...-.-------.----.-.....----....----------.--.-.....---...-..--.. Dollars ($67.237.00------..----). with Interest from dete. at the rate 01 NII'lE--~---------..~-....--..-..--..------.. m_____________________per ...turn( ----------------9. 000%) per annum on Ihe unpaid balance unlll paid, as provided in a Nole 01 evendate herewith. from the Mortgacor 10 the Mortgagee. in monthly lnstaJ1mentsoJ FIVE HUHflllED FDRTY-ONE .INlI OOlloo-----------------------m_-------------------------m______________, .._.__....._..__..-._...._.._._--..-.._.........._-_._-~-....._------.....-..----....----........--..-.--------------.........- -.-....---..------~---..-------..--..--..--.-Dol1ars ($ 5".00--....-----..--....). commencing on the first day of JIlL Y , 19 91 , and continuing lherealler on Ihe firsl day of eacl1 monlll unlit such d.blls lully paid, excepllllal.lf nol sooner paid. lite final paymenl thereol shall be due and payable on Ib.firsl day of JUNE . 2021 . and also to secure the performance of all covenants. agreements and conditions heretn contained. ~ by these presents grant, bargain. sell. ass1gn, release, con~ and confirm to the Mortgacee. ALL lite lollowing described real property silualed In the ro't1SHIP 01 HOlt/II IfD/TOII . Counly 01 CtlMBEI'l.AtII and Commonwealth 01 Peunsylvania, to wit: SEE ATTACHED SCIlEOUlE A --- w.... ~":., ~ CIlMNONl V KNONN AS: 429 SHIPPENSBURG ROAll. NENVtllE. PENNSYlVANIA 11241-9481 TOGETHER witllall and singular Ihe bUildings, improvements. and fixtures on said premises, as w.1I as all additions or Improvements now or hertBfter made to said premiseS, streets. al1eys, passages. waYS. waters, waler courstS, rights. liberties, privileges, hereditaments, and appurtenances whatsoever lhereunto belonging. or in any wise appertaining, and Ibe reversions and remainders, rents, Issues. and prolils Ibereof, and In addlllon therelo lIle following described household appliances. which are, and shall be deemed fo be. fixtures amI I part of rile reeJly. and are a portion of the security lor lhe Indebtedness herein mentioned, namely, "'~t~ Q-3rPAlClI'IOIt .....,.,. 'IMP MORTOAOE fORUS _(313)m.810(). (IlODlS21~12111 XCI40SD eoDK1013 pm1018 ._~alO!, I'.... ~I "i~ :'1 provided, however, that the Mortgagor shall be entitled 10 collect and retain the slid rents, issues, and profits unt1l default hereunder: TO HAVE AND ro HOLD said property, he...by granted, wIth Ihe appurlenances, unlo saId Mortgagee 10 ils own' use forever: This lndentW't is made. however, subject to the following covenants, conditions, agreements and stipulations, and the Mortgagor covenants and agrees: 1. That the Mortgagor will promptly pay the principal of and interest on the indebtedness evidenced by the said Note, at the times and in the manner therein provided, with privilege reserved 10 prepay at any lime, without premium or lee, the entire indebtedness or Bny part thereof not less than the amount of one instaIlment, or one hundred dollars ($100.00), whichever Is less. Prepayment in full shall he credited on the date received, Partlai prepayment. other than on an installment due date, need not be tredited until the next following installment due date or thlrty days after suc~ prepayment, whichever is earlier. . 2. To m""'fully protect the S1!CUtity of this Mortgage, the Mortgagor shall pay to the Mortgagee as truslee (under the terms of this trust as hereinafter stated) in addition to and concurrently with, ea::h monthly installment of principal and Interest until said Note is fufty paid, the following sums: (a) A sum equal to the ground rents,1f any, next due, plus the premIUms that will next become due and payable on policies of fire and other hazard Insurance, plus taxes, assessments, and sewer and water rents, next due on the premises covered by this Mortgage <aU as estimated by the Mortgagee, and of which the Mortgagor Is notified) less all sums already paid therefor dIVided by the nwnber of months to elapse before one month prior to the da1e when such ground rents, premiums, taxes,ll.ssessments, end sewer and water rents, will ber.ome due, such sums to be held by Mortgagee in trust to pay said ground rents, premiums, taxes, assessments.and sewer and water rents. (b) The aggregate of the amounls payable pursuant 10 subparagraph (al and lhose payable on th~ deht shall he paid in aslngle payment each monlh. 10 beapplied to the following Items in the order staled: (1) ground rents, taxes, assessments, sewer ane: water rents, fire and other hazard insurance premiums; (IJ) Interest on Ihls debt:and ' (JIJ) amortization of the principal of th~ debt. Any deficiency in the amount of any such aggregate monthly payment shaIl constitute an event of default hereunder and under said Note, unless made good by Mortgagor prior to the due date of the next such payment At Mortgagee's option. Mortgagor will pay a -late charge- not exceeding four per centum (4%) of Iny installment when paid more than fifteen < IS) days aller the due date thereof to cover the extra expense involved in handline delinquent payments, but suc.lJ -late Charge" shall not be payable out of the proceeds of any sale ,made to satisfy the indebtedness secured hereby, unless such proceedS"'of any sale made to satisfy the indebtedness secured hereby. unless such proceeds are suffleient to discharge the entire indebtedness and all proper costs and expenses secured thereby. 3. If the total otthe payments made by Mortgagor, under (al of paragraph 2 preceding. shall exceed the amount of payments actually made by Mortgagee as trustee for ground rents, taxes, assessments, sewer or water rents. or insurance premiums, as the case may be, such excess shall be crediteD on subsequent payments to be made by Mortgagor _Jar. such Itemsor .,at Mortgagee's option,8S trustee. shall be relooded to Mo:'lgagor. U, however, such monthly payments shan not be sufficient to pay such lIems when the same shall become due and payable, then Mortgagor shalI pay to Mortgagee as 1rustee any amount m:cessary to make up the deficiency within thirty (30) days aller written notice from Mortgagee stating the amount 01 the deficiency, whiCh notice may be given b)' mail. If at any time Mortgagor shall tender 10 Mortgagee, In accordance with the provisions hereof, the lun payment of the entire mdebtedness represented hereby, Mortgagee, as trustee. shall In computing the amount of such indebtedness. credit to the account of Mortgagor any credit balance remaining under the provisions of (8) of paragraph 2 If there shall be a default under any of the provisionsoflhe Note and this Mortgage securing the same, WhiCh results in a public sale of the premises cove~d thereby, or If title to the propert}' is otherwist! acquired'by the Mortgagee after the default, the Mortgagee, as trustee, shan apply, at the time of the commencement of such proceedings or at the time the property Is otherwise acquired by the Mortgagee, the balence then remaining to the credit of Mortgagor under (a> of paragraph 2, as a credit on the interest accrued and unpaid, and the balance on the principal then remaining unpaid on the Note. 4. Mortgagor shall pay to Mortgagee all ground rents, taxes, assessments, seWe! and w:ter rents, and all other charges and claims assessed or levied at any time, by any lawful authority upon the premises covered by this Mortgage whie.'i, by an)' present or future, law or laws, shall hew: priorU}' in lien or payment to the debt represented by said Note and secured br this Mortgage, and provision ior the, payment of which is not otherwise made herein, such payment to be made by Mortgagor within thirty (30) days after demand by Mortgagee,statlng the amount. S. The principal indebtedness hereby evidenced and secured represen1s money actually used for the acquisition of o.r for improvements to the premises secured by said Mortgage. 6. Mortgagor will continually maintain hazard Insurance, of such type or types and amounts as the Mortgagee may from time to time require. on the improvements now or hereafter on said premises, and except when payment for aU such premiUms has theretofore been made undeda) 01 paragraph2 hereof, will pay promptly when due any premiums therefor. An insurance shall be carried in companies approved by Mortgegee and the policies and renewals thereof shall be held by Mortgagee and have attaChed thereto loss payable clauses 1n favor of and in form acceptable to Mortgagee. In event of toss, Mortgagor will give lmmecUate notice b~' mail to Mortgagee. and Mortgagee may make proof of loss If not made promptly by Mortgagor. Each Insurance company concerned ls hereby authorized end directed to make payment jor such loSS directly to Mortgagee instead 01 to Mortgagor and Mortgagee }ointly. The insurance proceeds, or any part thereOf, may be applied by Mortpgee at Its option either to the reduction of the indebtedness or to lhe restoration or repair of the property damaged. In the sole and absolute discretion of Mortgagee. in event of ioreclosure of 'the Mortgage or transfer of title to the mortgaged property in partial 0: total extinguishment of the Note hereby 5e.."Urcd,. all right, title, and interest of Mortgogor in and to any insurance policies 1ben In force shall pass to the purchaser or grantee or shall be canceled and the cancellation proceeds, 11 any, retained by Mortgagee. Full power is hereby given to Mortgagee 10 set~le or compromise all ,claims uncler such policies and to demand. receive and receipt for all moneys becoming payable thereunder. q..31PAJllto.! '.t-2o'. AV...I~ Boo!1013 rm101:J I "k,~ ' "< ,~ ..d ".(" 7. Mortgagor shall not elecute or file of record any instrument which Imposes: a restriction upon the sale or occupancy of Ihe properly herein described 011 !he basis 01 _, color or creed. 8. Mortgagor will not SIlffer any !ton superior to the lien created by tbls Mortgace to attach to or to be enloreed agaInSt the premises covered by this Mortgage. Mortgagor shall nol commit or permit waste; and sllalt maintain the property In as good condition as at present, reasonable Weat and lear excepted. Upon any failure so to maintain, Mortpgee,at lis option, may cause reasonable maintenance work to be performed at the cost of Mortgagor. 9. Mortgagee shall have the right to pay any ground rents, talleS, assessments, sewer and water rents, and all other charges and claims which Mortgagor has agreed to pay under the terms hereof, to advance and pay any sums 01 money thaI In Its judgment may be necessary to perfect or pr...... the IIl1e 01 the premises covered by this Mortgage,or for insurance premiums or for any authorized mainlenancework. Any amount or amounts so paid or advaneed shall be allded to !he prlnclpat debt, shall bear Interest al the rate provided lor in the principal Indebtedness from !he dale 01 payment or advance, and shall be Setllred by this Morlgage ratably with said prlnclpat debt and Inlerest thereon. Mortgagee, al Its opllon. also shall be entilled to be SIlbrogatad to any lien, claim, or demand paid by it, or d'lSCharged with money allvaneed by II and secured by \his Mortgage. The payments and advances so malle shall be payable In ap;ll'OXlmately equat monthly paymenls ellending over such periods as may be agreed upon by Ibe Mortgagor and Mortgagee, but not beyond the due date of the final installment ol!he principal debt.ln event of faIlure to agree on date of maturJly, the Whole of the sum or S'JmS so paid or advanced shall be due and payable thirly (30) days after demand by Mortgagee. 10. The lien of this Mortgagee shalI remain 10 fun force and effect during posIponementor extension of the time of payment of the indebtedness, or any part thereof, which it secures. 11. Upon the request of Mortgagee. Mortgagor shalt execute and deliver a supplemental Note or Notes for the sum or sums advenced or pale! by Mortgagee for the alteration, modernization or improvement of the mortgaged property made at Mortgagor's request: and for malntenance of said property, or ground rents. taxes, assessments:, sew<< and waler rents, and all other charges ,nd claims assessed or levied ag'inst said property by any lawlul authority, or lor any other purpose elsewhere authorlz1!d hereunder. Said NOle or Notes shall be secured by this Morlgage on a parity with and as fully as it !he amounls stated In such Note or Notes were part of thai stated In !he Note'hereby secured. Said supplemental Note or Notes shall bear Interest at the rate provided for in the principal indebtedness and shall be payable in approximately equal monthly payments: for such puiod as may be sgreed upon by Mortgagor and Mortgagee. In event of failure to agree on date of maturity, the whole of the sum or sums so advanced or paid shaD be due and payable thirty (30) days after demand by Mortgagee; but in no eventshall any such maturity or due date extend beyond the due date of the final installment of the principal debt. 12.11 thelnclebledness secured hereby be guaranteed or Insured under Title 38, United States Code, SIlch Title and Regulations issued thereunder and in effect on the date hereof shall govern tbe rights, duties and Jlabilltles of . the parties hereto, and any provisions of thls or other instruments executed in connection with said Indebtedness which are Inconsistent with said Title or Regulations are hereby amended to.conform thereto. . . 13. II, at any lime, a Writ of Execution (Money !udgmentl or other execution is properly issued upon a judgment obtained upon said Note, or If an Action of Mortgage Foreclosure or any other appropriate action or proceeding to foreclose a mortgage: is instituted upon or under this Mortgage, an attorney's commission of fiVE ____________________________________m___per centum (------------m5.00QO'lb) of said principal debt shall be payable, and recovered in addition to all principal and interest and all other recoverable sums then due, Iocetherwith costs of suit . 14. If any defiCiency in the amount of any aggregate monthly payment mentioned in (b) of paragraph 2 shall not be made good by Mortgagor prior to the due date of the next such payment, or if default be made at any time in any of the covenants and agreementsheteln, or In the Notesecured, then and in everysuth case, the whole pri:\cipal d'bt shatt, at !he option of Mortgagee, become due and payable immadlately. Payment therool 'nd att Interest accrued thereon, with an attorney'$' commission as hereinbefore mentioned. may be enforced and recovered at once, anything herein contained to the contrary notwithstanding. In the event of any breach of any covenant.condilion. or agreement of said Note. or of this Mortgage, II shatt be lawful for Mortgagee to enler upon att and singular !he land, buttdings, and olher rights. corporeal and incorporeal, granted by Ihis Mortgage, and to lake possession of the same, and 01 the fixtures and equipment there}n, end to have, hold, manege, lease to any person or persons, use and operate the same in such parcels and on such terms and for such periods of time as Mortgagee may deem proper in its sole discretion, Mortgagor agreeing Ihat he shatt and will, whenever requested by Mortgagee so to do, assign, transfer, and deliver unto Mortgagee any lease or sublease; and to coJlect and receive alt rents. issues: and profits of said mortpged premises and every part thereof; for all of which said Note shan be a sufficient warrant whether or not such lease or sublease has been assigned; and to make from ti.""Ile to time an reasonable alterations, renovations, repairs, and replacements thereto. Alter deducting the cost of such alterations, renovations, repairs, replacements, and the expenses incident to taking and retaining possession 01 the mortgaged property. the management and operation thereof, and to keeping the same properly Insured, 10 appty any ...idue 01 such rents, Issues, and profits to !he payment 01 (a) aU ground rents, taxes. charges, claims, assessments, sewer and water rents, and any other liens that may be prior in lien or payment to the debt secured by Ihis Mortgage, with Interest thereon, (bJ premiums lor said Insurance, with tnleresl1hereon, (c) the interest and principal due and secured by this Mortgage with all costs and attomey's fees; In such order or priority as Mortgagee may determine, any statute, law, custom,or use to the contrary notwithstanding. The taking 01 posses<ion of !he mortgaged premises by Mortgagee, as herein provl<fad, shaU not relieve any default by Mortgagor, or prevent !he "'forcement of any of !he remedies provided by said NOle or thisMorlg,ge. The remedies provided by said Note and this Mortgage or any other indebtedness therein provided or se::ured by this Mortgage; and for the performance of the covenants. conditions, and agreements of said Note 0:- this Mortgage are cumulative and concurrent, and may be pursued singly, or successively, or together, at the sole discretion of Mortgagee,and may be exercised as often as occasion therefor shall occur. _3/PAII'90~ "'II,)"" ,.4.41 iftw. BiitiK1013 PAGE1020 -lill<j~ ",I ",_I ...."'--,,-- PROVIDED, tbatln ase default shall be made In the payment of any Ins.lallmenl of printipaJ and Inleresl. or .ny olher pal'lllent boroln.bove or In the c:ondltlOll$ of ..Id recited Noli: provided for. ot in the keeping .nd performance by tlte MortPaor of any covenant or agreement eont.lned tboroln or In this Mortgoge to be by said Mortpgor kept.nd pertormed, In the manner and .t tIte time specllled for lhe performance thereof. sw:h def.utt will entitle Mort&nee _With \0 brillS end suo out on Ac:llon of Mor...&< Foreclosure upon this Inden_ of Mortgage. ot to institute ony other .pproprl.te ICtlon ot proceeding 10 foreclose . mor...&<. end \0 proceed thereOn 10 judgment end_Ion. for recovery of soid prlndpal debt or sums end allln..rest _ .nd all other sums hereby _.together with on a\~tomm\SSlonlor collection... .lor...\II. end CllS\Send expensesol sw:h proceeding, .nd to pursue any .nd .11 other .pproprla.. ,"pI or equll.bli: remedies In sw:h cases ProvIded without lutllter stay 01 esecutlon or other process. en1 law, usage, or custom to the controry nolWlthstondillS. Mcrtpgore>pressfy wo.... end relinqulsbos all benefit that may .ccrue by virtue of .ny.nd every Jaw mode or to be m.de exempting the mOrtgoced premises or any other premises or propertywh....... real or persono~ from attachment. levy ,or saJe under eaecut.... or any port of the proceeds "Islnt from any ..Ie thereof, and .Itbeneflt of any st.y of ......tlon or other proceos. Morfptor hereby wolves end rellnqulsbos unto and in favor of the Mortgo&ee.afl benelltllllder afl laws now In effect or hereofler passed to reli...the Mor...aor In any manner from lbeobl\p\ionsossumed In the Note for which this loden_Is stCutlly. BUT PROVIDED AL WAYS. nevertheless. that II sold Mortgagor shall payor cause \0 be paid lDlto the said Mortp&ee, the atoresald debI ....r<<l by this Mortp". "hen .nd In the manner hereinbelore mentioned and .ppointed lor payment of the same. together with 10....... .nd .11 other sums b....by secur<<l. then .nd from 1helIceforth. this Indenture..nd the estate hereby granted. os well os said reclt<<l Note, sIulll cease. determIne, .nd becomevolr:2. anything bereinbeloreor )n sair:2 Note contsined to the contrary notwithstandlng. If this Mortgoge Is .....Ied by more than one person IS Mortgogor. Ibe n.bllity 01 each shall be jolnl end ......1. The "'....nts. conditions. end provisions contained 10 said No... or 10 this Morlpge, shall bind. and the benefits and advantages thereol shall inuN! to. the respective heirs. executors. administrators, suc:cessors. vendees, and assigns of the partles hereto or thereto; and wheneVer used In said Note or in this Mortpge. the singular. number shall includelbe plutal. tha plurol the singUlor. tho use of any gender sh.II'be .pplicable to.1I genders. .nd Ibe lerm .Mortgagee" shall include my payee 01 tho \nllebtedness represtrlted by said Note, or SOCIlred by Ihls Mortgoge, or .ny tr.nsfereelhereof. whether by operoUonollaw or otherwise. IN WITNESS WHEREOF. Mor...tot hereunto sets his hand and seat. Dated lhe d.y .nd year fJtSl hereln.bove written. SlGNED.SEALED AND DEUVERED IN THE PRESENCE OF: ~\r vt .400iE~lofa"~:1I -- ~Eoo~t'sl~E[f;ER j,'(fo) (Seall -Bo"",,", (Seall .- (Seall 'Do...- (Seall .- CERTlFICAlE OF RESIDENCE I. T....i S. Kroh . do hereby certify lhot tIte correct address of the wlthln-named MortCI&ee is ZSOO Lake COok Road. Riverwods, IL 60015 Wilness my hand this 17th ~~~.1991 .10' MCII1sat- COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this .bov.....meci Cumberland 17th clay ot May . A.D.. 19 91 Amos E. Stoneberger and Medora I. Stoneberger J" . before me, came \he .nd .cknowledged tho wlthlo Indenture of Mottl'ge to be desired}~,~ to be recorded os such. ,..;" "i'~ ....... , . "'\; ~hand and seal. Ihe clay end year .lortSlld. l ......~::~:'E'4.: ,:~ i ~. .;.~.' "f:. . My commission e:rpires ~~; Of~" 1idOofOfncer l ;...-cr ~'"':/. '{,~~/~k:/ '. -,"""1-....."""" ...~R~S1l\lPlI. PI. 17112 their oct .nd deed, and ,19 f-b:.r;::!'::;ea! BonrdeJo-.'myl'ublc ..........T..._~ My~~"""'Ill!l3 -""'__al_ Gt-3lPA) 1190" ."..",. &o0K1013 rAcEl021 ~>li\" 'l:~. " "';1 " ~ "'-' '~" ". ',-' ,c'". " VA CASE I: LH 446319 LENDER'S I: 07-37-34665 Veterans Affairs Rider . To The Deed of Trust/Mortgage This Rider is made this 171H day of MAY . 1991 , and is Incorporated into and shall be deemed to 8II\l!nd and supplement the Mortgage, Deed of Trust, Deed to Secure Debt (the "Security Instrument") of the same date given by the undersi&lled (the "Mortgagor") ~OS E. STOIIE!\ERGER AHl} KEDOlIA 1. STONEllERGER. lI\JSBAtm AND ~IFE and covering the property described in the Security Instrument and located at 429 SH1PPENSBURG ROAD. NE~V1LLE. PENNSYlVANIA 172419481 (Property Address) "the title 'Secretary of Veterans Affairs' shall be substituted for that of 'Administrator 01 Veterans Affairs' and the designation 'DePartment of Veterans Affairs' shall be substituted lor that of 'Veterans AdministratIOn' each time either appears in the Deed of TrustlMortgage pursuant to the provisions of Section 2, Pub. L. No;..t~,ctlIe Department 01 Veterans Affairs Act" , IN WITNESS WHEREOF, the Mortgagor has executed this Rider. 4--~~ .L" AMOS E. STOll Eff . ~~.J. MEDORA I. STONE8ERGER (S..I> Mortgagor (Seal) ortgagor &Ood013 PAcr:1022 VenioD 1.1 eM) lCCS600DISMU 1138 5189 XC56000 _:-,1- ~ ...1 ~,;-~ .~,~.o:..:., "J ,'M ->",i , VA CASE I: LH 446319 VA ASSUMPTION POLICY R'BE:If-37'34665 TO DEED OF TRUST/MORTGAGE This Assumption Polley Rider is made this 17111 day of MAl , 19 91 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument") of the same date given by the undersigned (the "Mortgagor") to secure the Mortgagor's Note (the "Note") of the same date to SEARS MORTGAGE CORPORATION. AN OHIO CORPORATION (the "Mortgagee") and covering the property described in the Security Instrument and located at: 429 SHIPPENSSURG ROAD. NEWVILLE. PENNS'/LVANIA 172419481 (Property.Address) I THtS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. In addition to the covenants and agreements made in the Security Instrument, Mortgagee and Mortgagor further covenant and agree that this loan may, at the option of the Note Holder, immediately become due and payable upon assumption transfer of the property securing such loan to any transleree unless, the acceptability of the assumption of the Joan is established pursuant to section IS1?A of Chapter '51, Title 38, United States Code. In the event of a transler of the property, then the following covenants ancl agreements apply: A. Funding Fee. A fee equal to one-half of 1 percent of the balance of this loan as of the date-of. transfer of the properly shall be payable at the time of transfer to the Nole Holder or its authorlzed.~ti as' trustee for the Secretary of Veterans Affairs. If the assumor fails to pay this fee at the't1me'Ot transfer, the fee shall constitute an additional c1ebt to that alreacly secured by this instrument, shall'bear interest at the rate herein providecl, and, at the option of the payee of the indebtedness hereby secured or any transferee thereof, shall be immediately clue ancl payable. This fee is automatically waived If the assumor is exempt under the provisions of 38 US.c. 1829 (b). B. Processing Charge. Upon application for approval to allow assumption of this loan, a processing fee may be charged by the Note Holder or its authorized agent for determinIng the creditworthiness of the assumor and subsequently revising the Note Holder's ownership records when an approval transfer is completed. The amount of this charge shall not exceed the maximum established by the Department of Veterans Aflairs for a loan to which section tS1?A of Chapter '51, Tille 38, United States Code applies. C. Indemnity Liability, U this obligation is assumed. then the assumor hereby agrees to assume all 01 the Obligations of the Veteran under the terms of the instruments creating and securing the loan, including the obligation of the Veteran to indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or insurance of the indebtedness createcl by this Instrument IN WITNESS WHEREOF, the Mortgagor has executed this Assumption Policy Rider. A.....~ ?"x!F../,41 - '"(' - . AMOS E. STONEBERGER ..I MEDORA 1. STONE8ERGER ......; (Seal) Morta:aaor CSeall Morla.aor Version. 1.2(M) CSeaI) Mortgagor &OOK 1013 r~tt1023 XCS601O/SMU "54 6189 (SeaU Morlgalor XC56010 ~ . '. ',~ ,li.' ALL THAT CERTAIN tract of land thereon situate on the Southeast side of Pennsylvania Rout. #533, North Newton Township, Cu.mberland County, Pennsylvania, bounded and described in accordance with a Plan of Survey by Adams Cou.nty Surveyors, Registered Surveyors, da~ed October 13, 1978 and bearing drawing #A-270, as follows, to wit: BEGINNING at a P.K. Nail in the centerline of the Southeast side of Pennsylvania Route #533, at a corner of Driveway for Fairorounds Cas'shown on said Plan) J thence extending froln.said beginning point and along the centerline of Pennsylvania Route #533, North 44 degrees 35 minutes 00 seconds East a distance of 189.50 feet to a P.k. Nail in the centerline of said Pennsylvania Route #533 at a corner of property now or formerly of Glenn E. Heckendo~n; thence leaving said road and extending along same South 45 degrees 16 minutes 20 seconds East a distance of 198.57 feet to an iron pin at a corner of property now or formerly OT Newville Lions Community Fatrg~Qunds; thence extending along same South 44 degrees 35 minutes 00 seconds West, a distance of 165.12 feet to an iron pin at a corner of Oriveway for Fa1r9~ounds aforesaid; thence extending along same North 52 degrees 16 minutes 30 seconds West, a distance aT 200.00 feet ta the first mentioned P.K. Nail and Place oT BEGINNING. BEING THE SAME PREMISES which Tueresa A. Palmer granted and conveyed unto Amos E. Stroneberger and Medora I. Stoneberger, by deed dat~d ~/I){~I and intended to be recorded simultaneously herewith. , e'. e' aod013 PACE1024- ~";~ wo."",. _I ,"~ :J,r,.,-~ Prepared by & retuna whea record.d 10: Marcy Saraek PNC Mortpge Corp or Am.ria 75 N. FlIirway Dr. V.raoa Hills, n. 60061 PNC Loaa 1107-37-34665 ROBERT P. ZIEGLEl{ RECORDER OF DEEDS CUMBERLAND COUNTY-PA '99 OCT 6 RI') 11 ~O v Ai LHG 1446319 RECASTING AGREEMENT September 8, 1999 429 Sbippensburg Road Newville, P A 17241 This agreement, made this 8m day of September 1999, between PNC Mortgage Corp of America, hereinafter refmed to as Mortgagee, and Amos E. Stoneberger and Medora I. Stoneberger, hereinafter referred to as Borrower(s), WITNESSETIi: ~ ~ Whereas the Borrowers are indebted to the mortgagee in the smn of Sixty Five Thousand Nine Hundred Fifty Four Dollars and Fifty Seven Cents ($65,954.57) (hereinafter called "new principal amount"), consisting of Sixty Two Thousand 'I11n;e ;:1":;.; Hundred Twenty Three Dollars and Forty Seven Cents ($62,323.47) unpaid princip3}ollarr'''~ amount and Three Thousand Six Hundred Thirty One Dollars and Ten Cents ($3~6>3.i$)O)";' ,,,,,,",,,. unpaid installments of back interest, ground rents, hazard insurance premiums, taxes, assessments and mortgage insurance premiums. The payment of which is secured by a note and security instrument owned and held by the Mortgagee, dated May 17, 1991, and recorded on May 22, 1991 in the office for recording of deeds in Cmnberland County and State of Pennsylvania in Book 1013, Page 1018 and Whereas the parties mutually desire to modify the terms of payment of said indebtedness by changing the amount of monthly payments required on said note and security instrument; NOW, TIlEREFORE, in consideration of the covenants hereinafter contained, it is mutually agreed as follows: I The Boaower(s) agree to pay the "new Principal amount" with interest at the rate 0[8.500% on the unpaid balance in monthly installments of Five Hundred Fifty Five Dollars and Twenty Five Cents ($555.25) commencing the first day ofOGtober, 1999, and on the first day of each month thereafter until the "new principal amount" and interest thereon are fully paid, except that final payment of the "new principal amount" and interest if not sooner paid, shall be due and payable on the first day of June, 2021. Page 1 of2 B~aK 62G fA~f 9.'5.'5 0<:;,).. 00 \ ~ , L ,'.;' "Borrower'" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means the Veterans Administration and its Successors and assigns. It is mutually agreed that said security instrument still continue a first lien upon the premises and that neither the obligation evidencing the aforesaid indebtedness nor the security instnunent security the same shall in any way be prejudiced by this agreement, but said obligation and security instrument and all the covenants and agreements thereof and the rights of the parties there UDder shall remain in full force and effect except as herein expressly modified. IN WITNESS WHEREOF, the parties have signed, sealed, and delivered this agree~ on~ ~ written., _ ~SEAL)A... ~~.r:~PI'-c ....{SEAL) ...::::.t'"''''',.,. .~ortgagee Thomas 1. Michelson Amos E. Stoneberger jfo;t'wer ~":~9~@..~i:::"~ Vice President . t.~.~<)~~~_. NCMortgagecorpOfAmenca~ :f ~"~""i l~t~ ~"'i . LA, I () ~~~f~M~ . -/~~ :~ ':', ~~s~. i CUll}' Medora t. Stoneberger ; .....:..-~~::.v .~...~~.. ~ AssL s~"" ~,. -~..o:.~;."c~.~," ---, ">'::;:~1JJ.rpc;f;.~" PNC Mortgage Corp of America , "',!~:'~:I~:. .. This date cannot exceed by more than 10 years the maturity date of the original note. STATE OF: P4 COUNTYOF:a-h_/~.L B. nal1 _..-1 Il,...,s IF. I- rn~J.,c.. ::r. S-J-..J.-str-- elore me, perso y"..,,-_ 1'1 to me know to be !he persoo(s) described in and who executed the foregoing instrument and acla10wledged before that they executed the same. Wimessed my hand and seal this/I.^' day of ~ , 1999. 4?IL /5,,/1...~ ./ ~.,& . NOTARY !~~g~l';:';:?;~?" CO~S$t~~.",.~, ~",-. 's.;?~~~~~~~t..........~. ~.:~':,t-:"'~::;"'ir~t:~~r'.""~~"~~':.:A1'tf.V. ..... .~'.......r.""'" ......:. ",f,,' e.;:'!...~ .H""?:::';".~I<' ~..f":5 !\".. "';;;"."~f~C:'" :" I ).i:;........,..~....--- ..""''''''''. '..: Ha r!.. ~-;;~.~:'~.'" :'. ;.;.J~'~::t;:~~~~~~;f ~. B. SHUtENae ...' !':~~:~,,"'-:-J' ~:'''''''~''''''~ . ...'~~.;.,... . v~ ..,,:....., 27.,V. CL.., So.:i.". \ _ ..":....,.~..~,., '. ;;,t~ No\oIri*"". ".J'\'ii:~ ,",.';'r.. "ii. "--L.: ",.,. P... li:41 ~. '.. ,.." .',.;...... ~~e:ir"l :1, DQ '\~"":.' .,. ...,.. ',:.,: :\:;0;~i~~~; ~jJi~'. ''''~:..,.:~.. .~;r<"" -, .:~:-~ Page 2 of2 '.... "':.:,~~;:~~;,,"::' : ,.'. 'if. f:'i-- BnG:~ 628 rAGE 9:1fl "",,~" - ~ . A , ~~, ';~ ~-.I.... .' ~:''',e, I:'. - ...,-' ," " .'. " =,."< '"~lit {Space Below This Line for Acknowledgment in Accordance with Laws of Jurisdiction} , (STATE OF lLLINOIS} (COUNTY OF LAKE} ",\; On September 28, 1999, before me, Marcy E. Bamek, a Notary Public in and for said County and State, on this day personally appeared Thomas J. Michelson, Assistant Vice President ofPNC Mortgage Corp. of America. Known to me to be the person, whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. GIVEN UNDER MY HAND AND SEAL OFOmCE, this 28th day of September, 1999. At-~~ ~bli MarcyE. Samek SEAL . OFFICIAL SEAL MARCY E BARACK HOTNfr PUllUC. STATE OF IlUHOIS MY ,CO_SSION EXPIRES: 10/25100 Io....^../'ty,.~ eOj~ 626 fACE 957 . I~ ~ '" ,> . w ~",' " "lC::;; {Space Below This Line for Acknowledgment in Accordance with Laws of Jurisdiction} -' ...~.::~:::'~~;::~ .. (STATE OF lLLINOIS} (COUNTY OF LAKE} - On September 28, 1999, before me, Marcy E. Barack. a Notary Public in and for said County and State, on this daypersona1ly appeared Cara Cuny, Assistant Secretary ofPNC Mortgage Corp. of America, known to me to be lhe person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. GIVEN UNDER MY HAND AND SEAL OF OmCE, this 28tb day of September 1999. ~ SEAL OFFICIAL SEAL MARCY E BAAACK NOTNlY PUBUC. STATE OF IWNOIS MY COMMl8SION E_S: 10/2!11OO J State of pennSYlvania} County of Cumberland 86 r;cc~rded in the office for the record' f D . :" :',.,",:\....;' r." tngo eeds ....; ,'." .~.t. .n and for Cumberland County Pa ~.,' . . ."',. ......~\" . In./fJ.'S~1 Book').(. VOI.:=-Page '1SS" .;r.:.'..;~:..:...:.::..~t~ w;in.ss mv hand and seal of offic of .'; :.. ~; ~'.'I-::'" i11 carlisla.PAthiS~U- 1~("~t~~i!}~' ~\K,: ~ "'-'./" ~,- &" Ii"" ." ';/!' . ..' .:...t.f . 'lJi;', ';'.-~ .. ec er "';... f'i;.'~<<; '.-' ..:~";:. 1 ~~ ,.~.:.;.,~~,. . 1,,/:,>:'.,:,. '.",,~, "_'-'-':":"i~,:~I' ."",.~. " J':;: -'F" ".:;~:/i.1<,.;'..;., '. . . "c~. ~~'~~..~..! . ....;~I". 1\:~GK62G FACt 958 '"" " J ~ VERI FICA TION The undersigned, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to her information and belief. TERESA SWIlZEA 2nd VICE PRESIDENT ,- ..j-" , , ,= . -; "' .. ,~~ '" "'-~' ~'~. ~~ ~ .~ ~ ~ @'.tj .~ Of 11lE SHEIIIFf Qli'fIC,__, "\' COUNTY eU~B"\'c" " .laM 14 2 26 P\~ '0\ , \ '''1 ,- C '\'\ I 0 c.\~ PEI/NS'~L '4 AH \A. 5)~ ft"!'-"rtJ' ~;--. d:'.-', ~. ~; ~ ~~ n ~ J r1 """"~'r -"'!~ "0 ,,~l;L _~~.. ~'~~ilmliJH"J.'j!lll~)~Wl!,'m.'l"lfw,"~"~~~ll~i'l'~~~ ~~-' t ..l L.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA PNC MORTGAGE CORP. OF AMERICA f/k/a SEARS MORTGAGE CORPORATION. Plaintiff, VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. TO DEFENDANTS You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ~~L2rt~ ATTORNEY FOR PLAINTIFF , HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 539 SOUTH FOURTH A VENUE LOUISVILLE KY 40202 AND THE DEFENDANTS IS: 429 SHIPPENSBURG ROAD ZLE'P~ 4 , ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS North Newton Townshin (CITY, BORO, TOWNSHIP) (WARD) ~pd2;7L ATTORNEY FOR PLAINTIF!' CIVIL DIVISION NO.: cJ/-~q~ c;J TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: PNC Mortgage Corp. of America f/k/a Sears Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Brian B. Dutton, Esquire Pa. I.D. # 81953 GRENEN & BIRSIC, P.c. One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 ~ ',' " In TGS"i"imony wh~ir~ ,~".;,: ' . and the; seal of Sc.:a Co ~,/~; f~ ~r:"j(: s:i~n-'}' h(md Th' II ~. I'i'. IS ....9?........., .da:' or~.~..". .;:;!Q?/ ..............~..,"~,~,W.. ProHlono;.:;,,,y "'~~, -~,j , .. L, ..,.. " '"' I , ,. ",0 "''','~ ,. ~'i~ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA PNC MORTGAGE CORP. OF AMERICA f/k/a SEARS MORTGAGE CORPORATION, CIVIL DIVISION NO.: Plaintiff, vs. AMOS E. STONEBERGER and MEDORA 1. STONEBERGER, Defendants. NOTICE TO DEFEND You have been stted in cottrt. If YOtt wish to defend against the claim 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 COttrt your defenses or objections to the claims set forth against you. Y Ott are warned that if YOtt fail to do so the case may proceed withottt YOtt and ajttdgment may be entered against you by the court withottt 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 SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 4th Floor 1 Courthouse Square Carlisle, P A 17013-3387 (717) 240-6200 . ~,~~,-, ,1.1 "' ~l,''';~ -1'-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA f/k/a SEARS MORTGAGE CORPORATION, CIVIL DIVISION NO.: Plaintiff, vs. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE PNC Mortgage Corp. of America f/k/a Sears Mortgage Corporation, by its attorneys, Grenen & Birsic, P.C., files this Complaittt in Mortgage Foreclosure as follows: 1. The Plaintiff is PNC Mortgage Corp. of America ilk/a Sears Mortgage Corporiation, which has a principal place ofbttsiness at 539 Sottth 4'h Aventte, Lottisville, Kentttcky 40202 and is attthorized to do bttsiness in the Commonwealth of Pennsylvania. 2. The Defendants, Amos E. Stoneberger and Medora I. Stoneberger, are individttals residing in the Commonwealth of Pennsylvania whose last known address is 429 Shippensbttrg Road, Newville, P A 17241. 3. On or about May 17, 1991, Defendants execttted a Note in favor of Plaintiff in the original principal amottnt of $67,237.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about May 17, 1991, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of$67 ,23 7 .00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on May 22,1991 in Mortgage Book Volume 1013 Page 1018. A true and correct copy of said Mortgage containing a description of the premises subject to said I .. , , ~, ~ ; ." l' ", :o."'''~f . '. Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. On or abottt September 8, 1999, Defendants entered into a Recasting Agreement wi th Plaintiff, said Agreement being recorded in the Office of the Recorder of Deeds of Cumberland Cottnty on October 6, 1999 in Mortgage Book Volttme 626 Page 955. A tme and correct copy of said Recasting Agreement is marked Exhibit "C", attached hereto and made a pmi hereof. 6. Defendants are the record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage, as Modified by the aforesaid Recasting Agreement, and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the Jttne 1, 2000 payment. 8. On or about August 13, 2000, Defendants were mailed combined Act 91 and Act 6 Notices, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of1983 and Act 6 of 1974, 41 P.S. ~ 101, et seq. 9. The amottnt due and owing Plaintiff by Defendants is as follows: Principal Interest through 12/24/00 Late Charges through 12/24/00 Escrow Deficiency throttgh 12/24/00 Attorney's fees Title Search, Foreclosure and Execution Costs $65,232.28 $ 3,585.82 $ 188.86 $ 525.15 $ 850.00 $ 1,500.00 TOTAL $71,882.11 -""I "'., "" WHEREFORE, Plainti ff demands judgment in mortgage foreclosttre for the amottnt dtte of $71,882.11 with interest thereon at the rate of $ 15.40 per diem from December 24. 2000, and additional late charges, additional reasonable and actually incttrred attorney's fees, plus costs (inclttding increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BlRSIC, P.c. ~/ ;!};t;C- BY: Brian B. Dutton, Esquire PAID# 81953 Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281,7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. liWil.; .-J ~...._I; < ;- .,' '. '; /,"0: 3tJ:;.tft lEtaR', t {r.3t-3~5 '. :'..Z: =~~ L.... PENNSYLVANIA li'J'-...... 10.0. TII~'" MORTGAGE NOT' E: VA CASE I LH "6319" '_" *~~= ~~ ,'.' ~af'o .~,(l ':'.1 "1M NOTi~E'; THIS LOAN IS NOT ASSUMABLE WI!fHQUI'-IHF. APPROVAL OF THE DEPARTMENT OF :v.E'rER~NS"" AFFAIRS OR ITS AUTHORIZED AGENT. ~..IMtt.1"~J1.\Il.l.'IIl.tAJ! S 67.237.00 FOR VALUE IlECElVED.1h< 11IIders1pd, AMOS E. SIOllEBERGER AMlIlEOOIlA I. STOIlEBERGER. HUSBAND AMI NlFE ---UIIP HIU. Pennsylvania. MAY 17 'lt~LI:;~ j,.7 ','\ ,herelnafler called the Maker. Promises to pay to SEARS IGlRTGAGE CDRJ>ORAlIOll . or onter, a corporatlonorganlzedond asistlngunder the laws 01 the SIAlE OF OHIO berelnlllter lIesIgnated as the Payee, the prlnclpat sum of S IXlV-SEVEH TIIOUSANIl Till HlI(IRED lHIRIY-SE'lfN AND 00/100-000----------------------___________000____________.:-..________----------------------- "____________________________________________m__________--Dollars (1167.237 .00"m----m---) with Interest from clale at 1h< rate of HIHE----------------------------------------- per centum (--------------9.11000 '!OJ per annum on the unpaid balance until paid. The said principal and interest shall be payable at the olflce 01 SEARS NORTGAGE CORPORATION in RlvERNIIOOS. IllINOIS 60015 at 2500 lAKE COOl( ROAD or sucl1 place as Ihe holder may designate tn writing In monthly Installments of . fIVE HIllI\lPEO fOlllY-lIIIE llIl 001100-----------000__________"________________________________----0 --...-------------------------------- Dotlars(S541.oo-------------"--), commencing on the rustd1lyof JlR.V,1991 ,ond on Ihe lirst clay 01 eoch month therealter unti11h< principat ond Interest lIT: fully paid. eICIlJI thaI the final payment 01 the entlno Indebtedness evidenced hereby, If nol sooner paid. shall be due and payable on the IIrst clay of Jut[, 2021 Privilege Is reserved to prepay at any lime, without pmnh1m or lee. tile enli,. Indebledness or any part thereol not Jess than 1h< amounl 01 one installment, or One Hundred Dollars (Sl00.00), whichever Is Jess. Prepayment In lull shall be credited on the clate received. Partial _yment. other than on an Installment due clate. need not be credited unUl the next lollowlng Installment due date or thirty clays alter such prepal'l1l"nt. which..... Is earlier. Simultaneously with the mcutlon 01 this Note the Maker has executed and delivered to the Payee a Mortgage """,ed upon certain pmnlsessl!Uated In the Countyol ClJIIllEIll.ANIl -.. . Common_lth 01 Pennsylvania. more particularly described In the Morlpge. All 01 the terms. covenants, provisions. condltlons, stipulations and agreements contained In said Mortgage to be kept and perlormtd by the Maker are hereby made. part of this Note to the same ertent and with the same force and efJect IS if they were fully set forth, herein, and the Maker covenants and agrees to perform the same, or cause the same to be kept and pertormed.slriclly In accor_ with the terms an~ provlslons thenoI. 'llle "hole of the principal sum or any part thereol. and 01 any other sums 01 money S<CUred by Ihe Mortgage given to _,.thls Note, shall,lorthwlth, at the option 01 the Payee or any subsequent holder thereol, become due and payablelmmtdla1ely. without nottee or clemond.1I delault be ma<le In any paymenlunder this Note, ami II 1h< delault Is not made goOl! prior to the due date or the next such Instellment; or upon the happening 01 any default which. by the termsol1h< Mortgage given to secure this Note. shall entitle the Payee, or any subsequent hotder hereof,to dectare the same, or any part thereol. to be due and payable. TIle Maker does hereby empower any attorney of any.ourt 01 record wllhln the United States or elsewhere to appear lor Maker, with or wl1hou1a declantion filed, and conless judgment or judgments against said Maker In favor of the Payee or any subsequent holder hereof, as of any term. for the entire unpaid principal of this Note. and ell other sums paid by the holder hereol to or on behall 01 the Maker pursuanl to tile terms of this Note or said Mortgage,and all arrearages of interest thereon. together with costs of sull,attorney's commission of FIVE--------------------------------------(--5.00001 % lor collection, and a ,.1.... of all the right 01 inquisition on all property levied upon 10 collect thelndebtednesseviden<ed hereby and lIoes VOluntarily condemn the sarne and authorizes the Prothonotary to enter such condemnation. and waives and releases all laws. now In lorce <it herealter enacled. relating to exemption, app:aisement or stay of eJeCUllon. Tlte agreements herein "",'alned shall bind, ond the beneflIs and "'vantages shall Inure to. the tesl'<CIlve successorr and asslgns 01 the parties hereto. Wherever USed. the singutar number s\lalllnclude the plural, the plural the sinSular. and the use 01 any gender SMII be applicable to all genders. IN WITNESS WHEREOF, the Maker has caused these presents to be ......ted under seat the clay and year rust ahove written. Signed, Sealed and Delivered In 1h< Presence of: (Seail ~... ~ ^=O~ (Seat) (Seall (Seat) THIS IS TO CERTIFY that this Is the,Notedescribed In andS<CUred Ill' Morlpgeol even IlIte herewith secured on real estate situ.."'" 1ft CWlBERlAtIJ County. CommonwEiI)th.ol Pennsylvania. .=5:~~ ~rl /\..l.r-... Mt'~ElrpIta&Sapc,25.199'J NotaryPubUo. G.-~Al109Ot1 .C:Il~"oo.nl 'l2Ot .. -._- """"'I<t:l'0511 1M: (I ...'''.r'': ,~ '~,{. rl." ;' ~ l"l\~:" I" (!J', I::.\.. ,~.,' '~'"'.l''''' ;.iliIlilllil< ,;.j " "'"V 10 'OlE OROER Of: wm<OUT RECOURSE y~~~ _SecretarY ./ .~-:..::". '" J ~I/:.~. ...... . .'... .' " ,"',' 1.0\;" I ".. -~ ~. .. ~:a~", 1 ~,~ f i !IIlII~ili ~ '; " .'" I G-tJI"\1'. ::.011:,'\,\ I :,' RECOPll AI(l Rl:TU1lM TO: 1l~ MIlRI1l.\1lE CORPORATlOM 2207 fOREST Htus 1II1'IE IlARRISllURG. PA 17112 R:CORDED-O:'lCE or THE i\ECORD[:. CF DEEDS Cl'MUrRLAl:J COUNTY-PA. '91 f'lRY 22 Pf'l12 S~ [SpaceAfalW6 Thu LiIHl For Recordinco..la] ,"'.....I:I.mllH....L.w Rt'I",td Jun. 1975. Un OpIIcJftaI. SeclicKl18l0. TlII. 38. US,C. Acnp!allhi10 f.....1 Na.IJaGIIMcirtpcIA_"lIall (Anltllud....'.llJB'J) PENNSYLVANIA VA CASE I: LH "6319 LENIlER'S I: 07-37-34665 PURCHASE MONtV MORTGAGE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. The attached RIDER is made a part of this instrument. rHIS INDENTURE, mille lhe InH day 01 Ilo\ Y year of our Lord one lhousand nine hundred and NINETY ONE AMOS E. STONEBERGER AND MEDORA l. STOHEBfRGER. HUSBAND AND MIFE inUle , BETWEEN (her:inaltercalled Mort88gor)and SEARS MORTGAGE CORPOAATION a corporattonorganlzedand elIistlngunder the laws of THE STATE 01 OHIO and navlng iI. principal ofllceand posl"olllceaddress in RIVERMODDS. ILLINOIS 60015 AT 25D0 LAKE COOK ROAD ,(hereinallercalled Morlgagee): WITNESSETH: ThaI the Morlgagor losecure lhe paymen. 01 ________'____m__________,____________ SIXTY-SE'lEN IHlIUSAAD Till) _0 THIRTY-SEVEH AND OOIlOO-m-------_____mmm____'__ooo_-'__'_____ -------._------_.._-----~...._._.__..._-.-_.----_..._--.--.---------------------.--..--..----.---- Dollars ($67.237.00-----------), with Inleresllrom dale. al the rate of MlNE----------u--------m----ooo-_ n...n_~__...___n...._per centum ( ---~_.-..-----.-..g. 000%) per annum on the unpllid balance until paid, as provided in a Note of even date herewith, from the Mort8ap to the Mortgagee. in monUlly lnstallmentsol fiVE Hl/lf1lRE0 FORTY-OIlE AND 001100--------____0_____..._000____._________00_______________________----- ---.--......---.......---..--.-..-.--...----...............-....----....---......--.--..--...-------..... ___________________oo________m_____ooDollars ($ 541. oo---__om______~, eommenclng on the IIrst day 01 JULY I 19 91 ! and continuing thereafter on the first day of each month unt1l such debt 15 lully paid, mepl that,lf not sooner paid, !he IInal payment tnereol shall be due and payable on lhe IIrst day 01 .AJNE , 2021 . and also to secure the performance 01 all covenants, agreements and conditions hereIn contained, ~ by these presents grant, bargain, sell. assign, release, convey and connrm to the Mortgagee, ALL UIe lollowlngdescrlbad real properly situated In !he TOWNSHIP of NOIlTtl NEl/TOH ,County 01 CllMBERl.AfIl and Commonwealth 01 Pe"nsytvania, to wit: SEE ATTACHEO SCHfDULE A --- """"'/. ,.W..,' CONNOHLY KNOWN AS: '29 $HIPPENSllURG ROAD. NENVTLLE. PENNSYLVANIA 172"-9'81 TOGETHER with all and singular UIe buildings, Improvements. and lI'lUres on said premises, as well as all additions or Improvements now or hereafter made to said premises. streets, aUeys, passa8e5, ways, waters, water courses. rights, Uberties, prtvile8es. heredlt8menlS. and appurtenances whatsoever thereunto belonging. or In any wise ,ppertalnln8, and tbe reversion$ and remainders, rents, Issues. and profits thereof,and in addition lherelo the following described bousehOld appliances, which are, and shall be deemed fa be, fixtures and a part of the realty, and afe I portion of the StCUf'ily lor Ihe Indebtedness herein mentioned, namely, <::%-"P>.t_ ....,.,. 'M~~ V),II> MOIlTOAOE 'OIlUS. (31:1)"3-&'00. flOO>!lZI.7ZIH XCt '050 6Do!1013 pACt1018 'n' ,(," ~ ~fIij,u-'" "L '."'" -'J ~'_, provided, however, thlt tbe Mortgagor shall be entitled to collect and retain the said rents, issues, and profits unti1 default hereunder: TO HAVE AND TO HOLD said properly, hereby granled, with Ihe appurten.nces, unlo said Mortg.geeto its oouse forever: Thls Indenture is made, however. subject to the following covenants, conditions, agreements and stipulations, .nd the Mortgagor covenants and agrees: 1. Th.t the Mortgagor wlIl promptly pay the principal of and interes' on the indebtedness evidenced by Ihe said Note, al Ihe limes and in the manner therein provided, With privilege reserved to prepay .1 any lime, wlthout premium or fee. the entire indebtedness or any part thereof not less than the amount of one Installment, or one hundred doll.rs ($100.00), whichever Is less. Prepayment in fUll shall be credited on the date received. Partl.1 prepayment, other than on aD Installment due date, need not be credited unlillhe next following installment due d.te or thlrly dllysalter such prepayment, whichever ts eartier. . 2. To more fully protect the """"ily of this Mortgage. the Mortgagor shall pay to the Mortgagee as trustee (under the terms of this trust as hereinafter stated) in addition to and concurrently with, each monthly installment of principal and interest until said Note is fully paid, the following sums: (8) A sum equal to the: ground rents,lf any, next due, plus the premIUms that will next become due and payable on policies of fire and other hazard insurance, plus taxes. assessments, and sewer and water rents, next due on the premises covered by this Mortg.ge faU as estimoted by 'he Mortglgee, and of which the Mortgagor is notified) less aU sums already paid therefor divided by the nwnber of months to elapse before one month prior to the date when such ground rents, premiums, taxes, assessments, and sewer and water rents, will become due, such sums to be held by Mortgagee in trust to pay said gound rents, premiums, taxes,assessments.and sewer and water rents. (b) The 'Weg.t. of the .mounts payeble pursuanlto subparagraph (0) and Ihose payable on th~ debt shall be paid in a single payment each month. to be applied to the following items in the order stated: (n ground rents, taxes, assessments, sewer and water rents, fire llnd other hazard insurance prerniums; (Ill interes'on Ihis debt; and (JIll amorlizlltionof the principal of Ihis debt. Any deficiency in the amount of any such aggregate monthly payment shall constitute an event of default hereunder and under said Note, unless made good by Mortgagor prior to the due date of the next such payment. At Mortgagee's option, Mortgagor will pay. -late charge" not exceeding four per centum (4%) of any installment when paid more thIn fifteen (1S) days after the due date thereof to cover the eltra expense iovotve<! in handling delinquent payments, but SUCll "late charge" shall not be payeble out of Ihe proceeds of any sale .made to satisfy the indebtedness secured hereby. unless such proceeds-'of an)' sale made 10 satisfy the indebtedness secured hereby, unless sUCh proceeds are sufflctent to discharge the entire indebtedness and all proper costs and expenses secured thereby. 3. II the toW 01 the payments mode by Morlg.gor. under f.) of paragr.ph 2 preceding, shall exceed the amount of payments actually made by Mortgagee as trustee lor ground rents, taxes, assessments. sewer or water r~ts, or insurance premiums, as the case may be, such excess shall be credited on subsequent payments to be made by Mortpgor for.such Items or. at Mortgagee's option, as trustee, shall be refunded to Mortgagor. If,however, such monthly payments shall not be sufficient to pay such lIems when the same shall become due and payable, then Mortgagor shall pay to Mortgagee IS trustee any amount necmary to make up the deficiency within thirty (30) days atler written notice frorq Mortgagee stating the amount Of the deficiency, wh.ich notice may be given by mail. 11.1 any lime Mortgagor sh.lllender to Mortg.gee, In .ccordllnce Wllh the provisions hereof, the lull paymen' of the entire lndebtedness represented hereby, Mortgagee, as trustee, shall In computing the amount of such indebtedness, credit to the account of Mortgagor any credit balance remaining under the provisions of (a) of paragr.ph2.11 lheresh.1l be . default under any of the provisions of the Nole .nd this Mortg.ge securing the same. wllich results In a public sale ollhe premises cov""d tllereby, or It t\Ile 10 the properly is otl\erwise lC'l\lir<:d by the Mortgagee after the default, the Mortgagee, as trustee, shaH apply, at the time of the commencement of such proceedings or at the time the property ts otherwise IC'l\lIred by the Mortgagee, tll. belenee then rem.ining to the credit of Mortgagor under (a) of paragraph 2, as a credit on the interest accrued and unpaid, and the balance on the principal then remaining unpaid on the Note. (.. Mortgagor shall pay to Mortgagee all ground rents. tm:s, assessments, sewer and water rents, and all other charges and claims assessed or levied at any U:ne by any lawful authority upon the premises covered by t!lis Mortgage whic.~, by an}' present or future,law or laws, shall neve priorit)' in lien or payment to the debt represented by said Note and secured by this Mortgage, and provision for the, payment of which is not otherwise made herein, such payment to be made by Mortg.gor within thlrly (30) days after demand by Mortgagee,stating the .mount. S. The principal Indebtedness hereby evidenced and secured represents money actually used for the acquisition of o,r for improvements to the premises secured by said Mortgage. 6. Mortgagor will continually maintain hazard insurance, of sucb type or types and amounts as the Mortgag~ may from tm to time require, on the improvements now or hereafter on said premises, and except when payment for.lI such premiums has theretofore been made under (.) 01 paragraph 2 hereof, will pay promptly when due any premiums therefor. All insurance shall be carrtecl in companies approved by Mortgagee and the policies and renewals tbereof shall be held by Mortgagee and have attaChed thereto loss payable clauses In favor of and in form acceptable to Mortgagee. In event of' loss, Mortgagor wiD give bnmedtate notice b}' mall to Mortgagee, and Mortgagee may make proof of loss If nol made p:-omptly by Mortgagor. Each Insurance company concerned 15 hereby authorized and directed to make payment for such lOSS directly to Mortgagee instead 01 to Mortgagor and Mortgagee jointly, The insurance Proceeds, or any part thereOf, may be applied by Mortgagee at Its option either to 1he reduction of the tndebtedness or to the restoration or repair of the property damaged. In the sole and absolute discretion of Mortgagee, in event of foreclosure of the Mortgage or transfer of title to the mortgaged property in partial or total extinguishment of the Note hereby sc..."'Ured, all right, title, and interest of Mortgagor in and to any insurance policies then In force shall pass to the purthaser or grantee or shall be canceled and the cancellation proceeds, U any, retained by Mortgagee. Full power is hereby given to Mortgagee to se1t~e or compromise all . claims under such policies and to demand, receive and receipt for all moneys becoming payable thereunder, Q-3lPAIIIOO.~ . At<.J~ ._,.,<1 6Oor.1013 rm1Ul:J "." ,-;'.,' ~-'<- .; ,,' ii: -. illi1 .....~.". ~ " ',. 7. Mortpgorshall not em:uteor Hle of record any-Instrument which Imposts a restriction upon the sale or oa:up8ncyot Ihe properly herein deser1bed on the basis of race. color or creed. S. MortcacorwiJJ not suffer 111}' lien superior to the Uen created by thlsMorts:ace to attach to or to be enforced .ga\ns1the premises covered by this Mortpse. Morlgagor sh.I1 nol commll or permit WISte: IIllI shill mainl.in the property in as good conditIon IS at present. reasonable wear and lear excepted. Upon any failure so to rnalntaln, Morlg.gee,.t II, option, m.y couse ,"""""ble m.lnten.ncework to be perlormed .tthe cost of Mortgagor. 9. Mortpgee shall h.ve lbe right to pay .ny ground renls. ta,es, .ssessments, sewer .nd water rents, xnd .11 other charges and claims which Mortpgor has agreed to pay under Ihe terms hereof, to advance and pay any sums of money th.t tn Ils judgmentlllllY be n......ry to perfeet or pr...rve the title of the premises covered by this Mortpge,or for insurance premiums or for any authorized maintenance work. Any amount or amountsso paid or .dvanced shill be added to the principal debt, shall bear Interest .t the rale provided for In lbe principii Indebledness from the elate of payment or adv.nce, .nd shill be xecured by this Mortgage rat.bly with said principal debt and Interest thereon. Mortgagee, .t its option. .Iso sh.1I be entilled to be subrogated .to .ny lien, claim. or damand paid by II, or discharged with money advanced by II and xecured by this Mortg.ge. The paymenl, .nd advllnces so made shell be pal'llbleln .pproxlmately equal monthty payment, extending over such periods IS m.y be.greed upon by the Mortgagor and Mortgagee, but not beyond the due d.te of the Unat inslallment olthe principal debt. In event of fanure to agree on date of maturJty, the whole of the sum or S'JmS so paid or advanced sh.ll be due'nd pal'llble thkty (30) d')I$ .fter demand by Mortgagee. 10. The lien 01 this Mortgagee sh.ll remain In lull force .nd elleet during postponement or extension of Ihe time of payment Of the indebtedness, or any part thereof. which it secures. 11. Upon the request of Mortcagee, Mortgagor shalt ,execute and deliver a supplemental Note or Notes for the sum or sums advanced or paid by Mortgagee for the alteration. modernization or improvement of the mortgeged properly lIlIlde at Mortgagor's request;.nd for maintenance of said property. or ground ",nts,laxes, assessments, ....... xnd waler rents, and .11 olber cI1arges .nd clllms .......d or levied .gai!lst said properly by .ny IIwful .uthorlly, or for .ny other purpose elsewhere autborlzed her<Ullder. Said Note or Noles sh.1l be secured by this Mortgage on a parity with and as fully as If the amounts stated in such NOle or Notes were part of that stated in the Note'herdJy secured. Sald supplemental Note or Notes shall bear Ipteresl at the rate provided for in the principal indebtedness and shall be payable in approximately equal monthly payments for such period as may be agreed upon by Mortgagor and Mortgagee.1n event of faUure 10 agree on dale of maturity, the whole of the sum or sums so advanced or paid shan be due and payable thIrty (30) days after demand by Mortcacee: but in no event sball any such maturIty or due date extend beyond the due date of the llnal installment of the principal debt. t2 If Ihelndebledncss secured hereby be gu.ranteed or insured under Tille 38, Unlled SlaleS Code, such rille end Regulations issued thereunder and In effect on the date hereof shall covern the rights, duties and liabilities of ' the parties hereto, and any provisions 01 ibis or other instruments execute:d in connection wIth sold Indebtedness wblch.", IllCOllSistentwlth said Title or Regulltions ere hereby amended to conform thereto. ., . 13. If. .t .ny time, . Writ of E.xecutlon (Money Judgment) or olber execution ~ properly issued upon a judgment obtained upon said Note, or If an Action of Mortgage foreclosure or any other appropriate action or proceeding to foreclose a mortpge is Instituted upon or under this Mortgage. an attorney's commission of F lVE---------------------------m---m--per centum ( -------------5 .0000 '!OJ of said principal debt shall be payable, and recovered in addition to all principal and interest and all other retOverable sums then due, togelherwith costs of sulL . J4. If any deficiency in the amount of any aggregate monthly payment mentioned In (b) of paragraph 2 shill not be made good by Morlgagor prior to the due d.te of the neat such payment,or if default be made at .ny time In any of the covenants and agreements herein, or in the Note secured, then and in every such case. the whole principal debl sh.lI,lIthe option of Mortgagee, become due .nd payable immediately. P.ymentth=f .nd .lIlnlerest aeonsed thereon, w\th In Ittomey's commissiOn as hereinbefore mentioned, may be enforted and ttcOVef'td at once, anythinc herein contained to h contrarynot\\'ithstanding. In tbeevent of any breach of any COYeneRt, condition, or acreement of said Note, or of this Mortgage, it shatl be lawful for Mortgagee to enter upon aU and singular the land, bufldints. and other rights, corporeal and incorporeal, granted by this Mortgage, and to take possession 01 the same, and of the fixtures and equipment thereIn, and to have, hold, manage, lease to any person or persons, use and operate the same in such parceJs and on such 1ermS and for such periods of time as Mortgagee may deem proper in its sole disCretion, Mortgagor agreeing that he shall.nd wlll, whenever requesled by Morlgagee so.to do, assign, transfer, and deliver unto Mortgagee .ny lease or sublease; and to coIled and receive aU rents. issues, and profits of said mortpged premises and every part thereof; for aU of which said Note shall be a sulficient warrant whether or not such lease or sublease hl!l been asslcned; and to make from ti.-ne to time aU reasonable alterations, renovations, repairs. and replacements thereto. Alter deducting the cost of such alterations. renovations, repairs, replacements, and the expenses Incident to taking and retaining possession of the mortgaged property, the management and operation thereof, and to keepin$ the same properlf insured, to .pply any residue of such rents,Issues,.nd profits to the paymenl of (.) .1I ground rents, taxes, charges, cJaims, assessments. sewer and water rents, and any other liens that may be prior in lien or payment to Ihe debt xecured by th~ Mortgage, with Interest thereon, (b) premiums for said insurance, with Inlereslthercon, (c) the interest and principal due and semred by this Mortgage with all costs and attorney's fees; In SUCh ord:r or priority as Mortgagee may determine. any statute,law. custom, or use to the eontrary notwithstanding. The taking of possession of the mortgaged premises by Mortgegee, as herein provided, sh.lI not "'lIe.e any dcf.ult by Mortgagor,or pr....ttheenlorcemenl ol.ny of the remedies provided by said Nole or this Morlg'~. The remedies ptOvidec:! by said Note and this Mortgage or any other indebtedness therein provided or se:ured by this Mortgage; and for the performance of the covenants, conditions, and agreements of said Note 0:' this Mortgage are cumulative and concurrent, and may be pursued singly, or successively, or together, at the sole d1scretion of Mortgagee,and may be exercised as often as occasion therefor shan occur. q-3/PAllltoao ....3.,. &oridlJ13 PAGE 102lJ ..441 /J"...9S- ."" ~~ ~. ~~~..J. '::c I PROVIDED. lballn.... default snail be made In IIle payment of .ny Instollment of principol.nd Int....... or ony other JlIYJMnt hereinoboYt or In IIle condition. of "Id ...ited Note proVided for, or In IIle keeping .nd petforrnallC8 by the Mortpp of ony _lor qte8lllalt cont.lned lhereln or In thls Mort_ to be by sold Morl8>P kept .nd perlormed, In the _ ond .11Ile lime .pedrled lor 'he performance thereof. such default will enUtle Mortppe _with to br\n8 ond... out on Action of Mortl'&< Foreclosure upon thJs ll1denlUre 01 MortP&<. or 10 institute ony other .pproprl.le octlon or proceeding 10 f....Jose . mortp&<, ond to proceed tI1ftOn 10 judamenl ond _Ion, for retOV<rY of said princlP.1 deblor sums.ntI .lIlnteres! thereon .nd.1I other sums hereby .....-ed. together wllb anatlomey's commission for colll:c1lon. os oIoresald, ODd COOls ond expenses of such procoedtn& .nd to pursue any and all other .pproprlate lqal or eqult.ble remedies In such ..... Provlded without further slay of QOCUtlon or other process. any l.w.1IS88<. or custom 10 the conlrary notwilhsfandlng. MOrtpgotozpnssly waIVeS and rellnqulsbes all benefit that may a= by virtue of .ny.nd """'Y law mode or to be m.de OllCfflptlng Ibc mOrlgopl premls<s or any other premises or properly wllltever, reat or personal, lrom atllclunent.levy. or salt under _ion. or any port of Ibcproceeds "islng from ODY sate thereol, andallbenelll of any st.y 01 .....tion or other process. Mortgogor hereby wal... and rellnquJsltcs unlo ond in tovor ot the MOrtgogee.all benefll under all low. ncnrln elfect or hereafter possedto relieve the Mortpgor In ony manner from the obllgotions ossumed In the Note lor which tI1is Indenture I..ecurlly. BUT PROVIDED AL W A Y5. nevertheles$, thalli said Mortpp sholl poy or cause 10 be paid unto the soid MOrtp8C". the .,oresold debt ....red by this Mortpge. when .nd In the manner hereinbefore mentioned and .ppolnled for payment of the some, together '11th Interest .nd .11 other sums hereby secured, then .ntI from \henceforth, this IndenlUre,ODd lhe estate hereby granted, os well os solei reclled Ngte. sholl cease, determinc, .nd become vofd. anytb\n8hereinbeforeor fn sold Note contained to the con'rorynOtwlthSlIndlng. If this Mortpge is .....ted by more \hell one person os Mortpgor, th. Ii.bilily oleaelt sholl be joint .nd several. The covensnlS, condition.. ODd provisions COIl18ine<l in sold Note, or In this Mortpge. sholl bind. .Dd the benelilS.nd .dvonl.ges thereof sholl Inure to, the respectlve helrt. .....tors. odmlnistralors. 'uea,"'''', vendees. .nd ossigns of the portles hereto or thereto; anti whcl1ever used In said Note or in this Mortpge, the .ingular, number wll incbJde the pl....l. the plural the singoler, the use of any gender sh.1l be .pprlClble to .11 genders, .nd IIle term "Mortgogee" shall include ony poyoe of the Indebtedness represenled by soid Note. or secured by this Mortpge,or .ny t"nsfereelhercol: whether by operatlon 01 Jaw or otherwise. IN WITNESS WHEREOF. Mortpp hereunto ..IS his h.nd and ...1. Dated the d.y .nd year ffrst hereinoboYt written. SIGNED, SEALED AND DEUVERED IN THE PRESENCE OF: j>>-'\r lilIKoU, - ~I v~ -1'__.P ~~./., -- 'NOS E. STONEBE GE~ ' ~k..".{l "/'(f' MEDORA J. STONEBEIlIlER Hl' (SellO -Bu~r ) (Seao .- (Seao ........... (Seao ...- CERTIFICATE OF RESIDENCE I. T....I S. Kroh ,do hereby ttrllly thot Ibt correct address of the wlthln-named Mortgagee is 2500 l.ake COok Road, Riverwoods, IL 60015 Witmss my bontl this 17th ~~t. ,1991 A""olM"'~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this .bove-nomed l" . belore me, came the Cumberland 17th cloy of Moy ,A.D., 19 91 AJno$ E. Stonebe'l"9eT' _and Medora 1. Sto-nebe1'jel' .nd ocknowledged the wtthln Indenture or Mort8llge to be desired the same to be recorded os suelt. ....\,........~.~........ .","-.. fiiJ $.ihand and...!. the doy 'nd yea' .To....ill. l . .......~::~?:4: ,:~_ ;: ......' {" . My commlssionexplres l co, Of ;" 1100. Of_ i~..cJ' .........: ",Pll&i>...:.ft,JlY.,.$'..... . ","'!'v.;s$'_'/ "0 -,~IiKl-.....KROH "'m.~):lsuPll. p, 171 t2 their r~;:l!~ 1=':"-:"""YPutIl"c T...~"""'v "reomm;";,;,~"""""",, ~r..~~""~~DlNo\:Mes q-3lPAII.908 ._,.,11 Bod013 pml021 oct and deed. ODd .19 'cU i ~ , I I I I I I I I I i I I I 1 .' I i I ! I I I , I , I I ~_.l-~~ "'t- 1.__ y' -. . .' VA CASE I: LH 446319 LENDER'S I: 07-37-34665 Veterans Affairs Rider . To The Deed of Trust/Mortgage This Rider IS made this 17TH day of MAY . 19 91 . and Is incorporated into and shall be deemed to 8II\fnd and supplement the Mortgage, Deed of Trust, Deed 10 Secure Debt (the "Security Instrument") of the ~ date giveo by the undersigned (the "Mortgagor") . AMOS E. STONE!(tRGER AND MEDORA I. STONEBERGER. HUSBAND AND WifE and covering the property described in the Security Instrument and located at 429 SHIPPENSBUJlG ROAD. NEWVILLE. PENNSYLVANIA 172419481 (Property Address) "the title 'Secretary of Veterans Affairs' shall be substituted for that of 'Administrator of Veterans Affairs' and the designation 'Department of Veterans Affairs' shall be substituted for that of 'Veterans Administration' each time either appears in the J)eed of TrustIMortgage pursuant to the provisions of Section 2, Pub. L.. No:.1~i't!Ie Department of Veterans Affairs Act" . IN WITNESS WHEREOF, the Mortgagor has executed this Rider. ~~ .L" AMOS E. STON Eft'! . ~~.t1. MEDORA I. STONE8ERGER (Seal) Mortgagor (SeaO ortgagor &00111013 rACE1022 Versioa 1.1 eN> lCCS6000ISMU II'B StB9 XC5600D ~.,A--'-- ,"J I I ~T[~i ~"~'i,,, " VA CASE I: LH 446319 V A ASSUMPTION POLICY mDER'37'34GG5 TO DEED OF TRUST/MORTGAGE This Assumption Policy Rider is made this 17TH day of MAY, 19 91 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument") of the same date given by the undersigned (the "Mortgagor") to secure the Mortgagor's Note (the "Note") of the same date to SEARS MORTGAGE CORPORATION, AN OHIO CORPORATIDN (the "Mortgagee") and covering the properly described in the Security Instrument and located at: 429 SHIPPENSBUllG ROAD. NEIfVILLE. PENNSYLVAMIA 172419481 1 THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. (Property ,Address) In addition to the coveoants and agreements made in the Security Instrument, Mortgagee and Mortgagor further covenant and agree that this loan may. at the option of the Note Holder, immediately become due and payable upon assumption transfer of the property securing such loan to any transferee unless, the acceptability of the assumption of the loan is established pursuant 10 section 1817A of OIapter 37, Title 38, United States Code. In the event of a transfer of the property, then the following covenants and agreements apply: A. Funding Fee. A fee equal to one-half of 1 percent of the balance of this loan as of the date.oltransfer of the property shall be payable at the time of transfer to the Note Holder or its autho'rlztlhgimti as' trustee for the Secretary of Velerans Affairs. If the assumor lails to pay this lee at the'tUne 'O~ transfer, the fee shall constitute an additional debt to that already secured by this instrument, shall 'bear interest at the rate herein provided, and, at the option of the payee of the indebtedness hereby secured or any transferee thereof, shall be immediately due and payable. This fee is automatically waived If the assumor is exempt under the provisions of 38 US.c. 1829 (b). B. Processing Otarge. Upon application for approval 10 allow assumption of this toan, a processing fee may be charged by the Note Holder or its authorized agent for determining the creditworthiness of the assumor and subsequently revising the Note Holder's ownership records when an approval transfer is completed. The amount of this charge shall not exceed the maximum established by the Department of Veterans Affairs for a Joan to which section 1817A of Chapter 37, Title 38, United States Code applies. C. Indemnity Liability ..If this obligation is assumed, then the assumor herebY agrees to assume all of the obligations of the Veteran under the terms of the instrumenls creating and securing the loan, including the obligation of the Veteran 10 indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or insurance of the indebtedness created by this instrument IN WITNESS WHEREOF, the Mortgagor has executed this Assumption Policy Rider. .A,..,~T'xfF.'41'- ~- AMOS E. STONEBERGER (Seal) MortcasOl' ~ MEDORA I. STONEBERGER v (Seal) Mortcagor V...;OO 1.2(M) (Seal) Morls_gor &OOK1013 PACE1023 lSo_n Morls_gor XCS601D1SMl1 4$4 6/89 XC5601D f''''''' ,- ~~' jj,l ALL THAT CERTAIN trac~ of land thereon situate on the Southeast side of Pennsylvania Route #:53:3, North Newton Townsh"ip, Cumberiand County, Pennsylvania, bounded and described 1n accordance with a Plan of Survey by Adams County Surveyors, Registered Surveyors, dated October 13, 1978 and bearing drawing IA-270, as follows, to wit: BE6INNING at a P.K. Nail in the centerline of the Southeast side of Pennsylvania Rou~e 0533, at a corner of Driveway for Fairgrounds (as.shown an said Plan), thence extending -froln.said beginning point "and along the centerline of Pennsylvania Route #533, North 44 degrees 35 minutes 00 seconds East a distance of 189.50 -feet to a P.K. Nail in the centerline of said Pennsylvania Route #533 at a COrn.r of property now or -formerly of Glenn E. Heckendorn; thence leaving said road and extending along same South 45 degrees 16 minu~es 20 seconds East a distance of 198.57 feet ~o an iron pin a~ a cg~ner of property now o~ formerly OT Newville Lions Community Fairgrounds; thence extending along same Scu~h 44 degrees :35 minutes 00 seconds West, a distance of 165.12 feet to an i~on pin at a corne~ of Driveway fer Fairgrounds afo~esaid; thence extending along same North 52 degrees 16 minutes 30 seconds West, a distance of 200.00 feet to the -first mentioned P.K. Nail and Place of BEGINNING. .' e' BEING THE SAME PREMISES which TUe~esa A. Palme~ g~anted and conveyed unto Amos E. Stroneberger and Medora I. Stoneberger, by deed dated ~/I)(~1 and intended to be ~eco~ded simultaneously herewith. , Bod013 PAGf1024- , -~ ,~. Ii<-';-; i!lIiIlIiIEI:!, "~ ...;f, 'l' l_~ ~-,. "l"-~'" 3~rf"-~ Prepared by " relum wheD rKOrded to: Marcy Barack PNC Mortgage Corp or Ameriu 75 N. Fairway Dr; V~moD HlIIs, IL 60061 Pl'IC LOaD 1/07.37-34665 ROSEF.T P. ZIEGLER RECORDE:R OF DEEDS CUMBERLAND COUNTY-PA '99 OCT 6 Rf'lll ~O VAl LHG 1446319 RECASTING AGREEMENT September 8, 1999 429 Sbippensburg Road Newville, P A 17241 This agreement, made this 8111 day of September 1999, between PNC Mortgage Corp of America, hereinafter referred to as Mortgagee, and Amos E. Stoneberger and Medora L Stoneberger, hereinafter referred to as Borrower(s), wmrnSSETH: ~ ~ Whereas the Borrowers are indebted to the mortgagee in the sum of Sixty Five Thousand Nine Hundred Fifty Four Dollars and Fifty Seven Cents ($65,954.57) (hereinafter called "new principal amount"), consisting of Sixty Two Thousand Thrt;e ,;,":;.; ",' , Hundred Twenty Three Dollars and Forty Seven Cents ($62,323.47) unpaid principilolIar: "..: amount and Three Thousand Six Hundred Thirty One Dollars and Ten Cents ($3,6>3.t\l)O)";"'''~'' -,. unpaid installments of back interest, ground rents, hazard insurance premiums, taxes, assessments and mortgage insurance premiums. The payment of which is secured by a note and security instrument owned and held by the Mortgagee, dated May 17, 1991, and recorded on May 22, 1991 in the office for recording of deeds in Cumberland County and State of Pennsylvania in Book 1013, Page 1018 and, Whereas the parties mutually desire to modify the terms of payment of said indebtedness by changing the amount of monthly payments required on said note and security instrument; NOW, TIlEREFORE, in consideration of the covenants hereinafter contained, it is mutually agreed as follows: I The Borro'i.Ver(s) agree to pay the ''new Principal amount" with interest at the rate of 8.500% on the unpaid balance in monthly installments of Five Hundred Fifty Five Dollars and Twenty Five Cents ($555.25) commencing the first day of October, 1999, and on the fIrSt day of each month thereafter until the "new principal amount" and interest thereon are fully paid, except that final payment of the "new principal amount" and interest if not sooner paid, shall be due and payable on the first day of June, 2021. Page 1 of2 8~GK 62G fA~f 9.').'5 O<j't.. 00 \ _J <LiI L" L. --- , l<;i'i':. "Borrower"'means each person signing at the end of this Note, and the person's ' >' " ~. succeSSOrs and assigns. "Lender" means the Veterans Administration and its Successors and assigns. It is mutually agreed that said security instnunent still continue a first lien upon ..', the premises and that neither the obligation evidencing the aforesaid indebtedness nor the security instrwnent security the same shall in any way be prejudiced by this agreement, but said obligation and security instrument and all the covenants and agreements thereof and the rights of the parties there under shall remain in full force and effect except as herein expressly modified. IN WITNESS WHEREOF, the parties have signed, sealed, and delivered this t on the e above written. ,.':,\""',".." MO"..aaee ...,.' -lib,' &"eI 0 'I!-~ I:::,r"@ ;t;,.....;~...... ",_... -r... ',- ~ ...~..- ......:..~,..- ~." . _-.1 :: .", ~ . ~~~. -.0 . ~ . "Z~"';~='~'~" . ~ I, ;0'-") ," ~ " 0 :C:i,,~ 9 i' ~ :~.~+.'. " " ,. "S':i M """J!t;:~"~ i ~ 't,~.. ~~!O"'~." ' ~.. ."1" ... ~-....& ," ,. '" . A. .!....... J'i:."..1 .1.. ~~~ ~ v.'...- "~L1iJW"--.:~.' -- "'~1!::~:'~~,~; )A - ~'>/:~JI'-f;}~" --(SEAL) Thomas 1. Michelson Amos E. Stoneberger J'ofrower Vice President NC Mortgage Corp of America~~~l;t Q/;",. ~ L _ _ _ _ , Cuny Medoral Stoneberger~ Asst. Secretary PNC Mortgage Corp of America ~ .' .:."IC. I:'. " · This date cannot exceed by more than 10 years the maturity date of the original Dote. STATE OF: P4 COUNTY OF:&-h.- /4'-.J. /I ,;: ~ (fIeJ.,c. :L. ~&./'-S t_ Before me, personally appeared ,.,,.,...1 . to mellnow to be the person(s) described in and who executed the foregoing instrument and acknowledged ,. .," before that they exeeuted the same. Wimessed my iland and seal this/"^ day of ~ .1999. ff?d. /5.14.~ I~t,& , NOTARY I'riuU~~:i;. C;;'.-;;,':.,'J;J.!I;: ..,' j:;;:i COMMlSc!''!~'''''''' ,'. '"':..:' '.;:t';~1 , ....I~~i!"_,,~, ~-. ,,;;~;"~~~~i"!2i~: ...........-~. ':~~~~~~~r~1~~~~' HELEN a $HUleN"" :' ";;!J.:~"''''.' ~..".. ~ l' ' ,.:.P'-~.~':':....:::':. ~7''''';o:bc~ ' ',.. - '. " . "t., !:'.t.. C',"~,... \ .....,....,..":i'.:...;-,' ...'..,.~ .~_....,.\'i::'.ue ""':1".' ," :,~ ~f".'F." "li:41 ;...ft.:. ....,..~-..; :::'..';. , ~ t :r.. :;,':j;:;~~r~~,"t"': ;jfk~~':: ,:i".:;.,.~~.. ,~,., . ,/~ Page 2 of2 ',', ..,',:;.,~~~"" ,"," : 'd ~",,'J.':'fF'!fr.' ." .'. ,;1P' BOG:< 628 rAtE 9:=iB "-",,, ~ ' '" ;0;;1_-" ~ ,( J" ~- ___-'(;:,,"; " {Space Below This Line for ACknowledgment in Accordance with Laws of Jurisdiction} , (STATE OF n.LINOIS} (COUNTY OF LAKE} .~l; On September 2S, 1999, before me, Marcy E. Bamck, a Notary Public in and for said County and State, on this day personally appeared Thomas J. Michelson, Assistant Vice President ofPNC Mortgage Corp. of America. Known to me to be the person, whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signatw'e on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument GIVEN UNDER MY HAND AND SEAL OF OmCE, this 2SIh day of September, 1999. A1,r~~ ~bli MarcyE. Bamck , OFFICIAL SEAL MARCY E BARACK IIOTNff PIaIC. ST" Tt OF II.UNOIS MY ,CO_ION EXPIRES: 10125100 ....."...,.yt'"!VtN,.,."",.. SEAL eoox 626 PACE 957 - -"l " - w ~ "", {Space Below This Line for Acknowledgment in Accordance with Laws of Jurisdiction} ,. ....~::~-::-'~~;::~ .. (STATE OF ILLINOIS} (COUNTY OF LAKE) - On September 28, 1999, before me, Marcy E. Barack, a NotaIy Public in and for said County and State, on this day personally appeared Cara Cuny, Assistant Secretary ofPNC Mortgage Corp. of America, known to me to be lhe person whose name is subscribed to lhe foregoing instrument, and acknowledged to me thatshe executed lhe same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 281h day of September 1999. ~ OFFICIAL SEAL MARCY E BARACK NOT AllY PUBLIC. STATE Of IWNOIS MY COMMIllSION EXPIREs: 10128100 SEAL i State of pennSYlvania} County of Cumberland 86 I1cc:rded in the office for the record' f 0 ' ,o' :'-'";' ..,:. ,.. df, lOgo eeds, ,\,> ,"'." ~n an or umbertand County. Pa ~;" : ,"". ;0;./,:, . m~Sook '" "01- P ij'::<~ ..,,' '::: ":"~~'.'" . _'11,_ age ~oJ ,of ,~,".01' .7.,':~" . ~ W;in.ss my hand and seal of offi 01 ,:" :.. ~:; "',1':31: ':. Carlisle. PA this ~ of~ c.r1~:t'. :'.r"I' '?'.,;~;~i,K. , ~ ',.'"'/:"., ,<' ,," _ -A )~ ., "'~"".lI":, '",-' , a S'.'07" ~j; eco~er '~ '" ',j:.';'" :'::'.~ " ,~' y..,.... ";~~~," , o\.5.~; i~~(I;~.:~~~,':~~ ,,'..' , L,..1 .,f!: , ~. ,.. ',- .. .. '. ;,""~~"-"" ...:.:g-. ~ B:~GK 62G PAGE 958 l"~ ~, I - "~. L, ' _" VERI FICA TION The undersigned, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S,A. !i4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to her information and belief. TERESA SWITZER 2nd VICE PRESIDENT '!' ~''''' ~ ' ~1~1!i;1l\fu_i>k\IHli~ti!li~!~~;;!.M'!:AA~:l'\lFt.J~j,,-i'~~~_.~'~~~ j! .li[sl1larflill~' ""'Ni\lMl;j6 L-~~li\. . (~If), C'wJ --'-;, :::eJ ...- ~; V1NI1A1ASNH3d :1'"1("\\111"1 _, j ..;, ,I.., ~ \.. ., !iVtl EEJ ~ W) ~f'l]' : 10. Hc!9Z 2 \1Z KIf ~ UNOGO ClNV""U8HflO ~.:I11l3HS 3111 ~O 301:1:10 ~" ~".,", - .~-".,~ .~.., ~-,.-"~"..^~ " . " ...., ,'". . ~-' -\- ,%~h~" '", , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA vs, PNC MORTGAGE CORP, OF AMERICA )CIVIL DIVISION f/k/a SEARS MORTGAGE CORPORATION, ) )NO,: 01-494 Civil ) ) ) ) )TYPE OF PLEADING: ) )PRAECIPE TO SETTLE AND )DISCONTINUE WITHOUT PREJUDICE ) ) )FILED ON BEHALF OF PLAINTIFF: ) )PNC Mortgage Corp, of America )f/k/a Sears Mortgage Corporation ) ) ) )COUNSEL OF RECORD FOR THIS PARTY: ) )Brian B, Dutton, Esquire )Pa, 1.D, #81953 ) )GRENEN & BIRSIC, P,C, )One Gateway Center )Nine West )Pittsburgh, PA 15222 )(412) 281-7650 ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, AMOS E, STONEBERGER and MEDORA 1. STONEBERGER, Defendants, . .' ~- 'lih .I!I1"'''1 " ^ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PNC MORTGAGE CORP, OF AMERICA flkla SEARS MORTGAGE CORPORATION, Defendants, ) CIVIL DNISION ) )NO,: 01-494 Civil ) ) ) ) ) ) ) ) Plaintiff, vs, AMOS E, STONEBERGER and MEDORA 1. STONEBERGER, PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE TO: PROTHONOTARY SIR: Kindly settle and discontinue without prejudice the above-captioned matter and mark the docket accordingly, BY: GRENEN &BIRSIC,P,C. ~/~ Attorneys for Plaintiff Sworn to and subscribed before me thiC4-U;- J daYOf~ -'--./.- ~1. Notary Public Joanne ~., ~~Iarial Seal I~;,,,,,r ' " ,-I(:;;ln'''r "I t 101.' C r- :.l,,,:;~ur(.ih, A:h:-)~i-; - ~o '8.[:1 Pubitc y D,r:II.';':::~,:{),. r:.,,~~:,AIlYCOtrlty ~P1;;;-~:~:;i~;i~~:~~:'.:;~2,"~~.:~~~}OD 1 , ",.'IJ(:li)f!Ot) (rf _~4(1;-::;-,..,," '.'" 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