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Home My WebLink About99-04035 IL U N j N a *n; v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORP., Assignee of PROVIDENT MORTGAGE CORP., T/A NO: 9Y yv,3s urn CONSOLIDATED MORTGAGE CORP., ISSUE NO.: Plaintiff, V. CODE: DIANNE L. PHILLIPS, Defendant TO: DEFENDANT YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY 120) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. WELTMAN\, W,EINBERG&1REIS CO., L.P.A. ATTORNEYS FOR PLAINTIFF TYPE OF PLEADING: COMPLAINT IN MORTGAGE FORECLOSURE FIILED ON BEHALF OF: PLAINTIFF I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: clo Waltman, Weinberg & Reis Co., L.P.A. 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 AND THE DEFENDANT IS: 3589 Loch Haven Drive Edgewater, MD 21037 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: ti1/??\C d'? A ORNEYS FOR PLAINTIFF I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: 1146 Pheasant Dr. N Carlisle, PA 17013 Township of North Middleton;Cty of Cumberland WELTMAN, WEINBERG & REIS CO., L.P.A. COUNSEL OF RECORD FOR THIS PARTY: JON A. McKECHNIE, ESQUIRE Pa. I.D. #36268 WELTMAN, WEINBERG & REIS CO., L.P.A. Firm #339 2601 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#001611335 A RNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORP., Assignee of PROVIDENT MORTGAGE CORP., T/A CONSOLIDATED MORTGAGE CORP., Plaintiff, V. DIANNE L. PHILLIPS, Defendant NO: NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland Co. Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORP., Assignee of PROVIDENT MORTGAGE CORP., T/A CONSOLIDATED MORTGAGE CORP., Plaintiff, V. DIANNE L. PHILLIPS, Defendant NO: 99. V6 3,5- 61u 7.1- CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now, comes Plaintiff, Atlantic Mortgage & Investment Corp., Assignee of Provident Mortgage Corp., T/A Consolidated Mortgage Corp., by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files this Complaint in Mortgage Foreclosure, averring in support thereof the following: 1. The Plaintiff, Atlantic Mortgage & Investment Corp., Assignee of Provident Mortgage Corp., T/A Consolidated Mortgage Corp., a lending institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter "Plaintiff'). 2. The Defendant, Dianne L. Phillips is an adult individual whose last known address is 3589 Loch Haven Drive, Edgewater, MD 21037. 3. On or about March 29, 1996, the Defendant executed a Note ("Note") in the original principal amount of $75,450.00, which Note is attached as Exhibit "A". 4. On or about March 28, 1996, as security for payment of the aforesaid Note, the Defendant made, executed and delivered to Provident Mortgage Corp., T/A Consolidated Mortgage Corp., a Mortgage in the original principal amount of $75,450.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on March 29, 1996, Mortgage Book Volume 1310, Page 501. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Provident Mortgage Corp., assigned all of its right, title, and interest in to the Mortgage to the Plaintiff. Said Assignment being recorded on October 1, 1998, in Mortgage Book Volume 590, page 405. 6. The Defendant is the current record and real owner of the aforesaid mortgaged premises. 7. The Defendant is in default under the terms of the aforesaid Note and Mortgage for, inter alia, failure to pay the monthly installments of principal and interest when due. 8. Demand for payment has been made upon the Defendant by Plaintiff, but Defendant has failed or refused to pay the principal balance, interest or any other portion thereof to Plaintiff. 9. Plaintiff was not required to send Defendants written notice of Plaintiffs Intention to Foreclose Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reason that said Mortgage is not a "residential mortgage" as defined in to 41 P.S. § 101. 10. Plaintiff was not required to send Defendants written notice pursuant to 35 P.S. 11680.403c (Homeowner's Emergency Mortgage Assistance Act of 1983-Act 91 of 1983) prior to the commencement of this action for the reason that the Mortgage is insured by the Federal Housing Administration under Title 11 of the National Housing Act. 11. The amount due and owing Plaintiff by Defendant is as 1 illows: Principal $73,473.13 Interest thru 03/17/99 $ 1,179.00 Attorneys' Fees $ 400.00 Late Charges 211.35 TOTAL $75,263.48 WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of $75,263.48, with interest thereon at the rate of $15.72 per diem from March 17, 1999, plus costs, in addition to late charges and for foreclosure and sale of mortgaged premises. WELTMAN, WEINBERG & REIS CO., L.P.A Joh A. McKechnie, Esquire Pa. I.D. #36268 Attorneys for Plaintiff 2601 Koppers Building 3436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #01611335 EXHIBIT__ d r Multistate - NOTE IRAN / CMP-8907115 MARCH 29, 1996 1146 PHEASANT DRIVE NORTH CARLISLE,PA 17017 IMap•dy ALI.... I rem cn.. son. 441-516751-6/707 ORIGINAL 1. PARTIES '9onower m.enaeall person signing at the and at this Nob, and the personh saoceaenn and aaigns.'Lander mean. PROVIDENT MORTGAGE CORP. T/A CONSOLIDATED MORT CORP ad It,....rs and aaal9n., 2. BORROWER'S PROMISE TO PAY; INTEREST b relum for lean solved hall Under, 9orrowor promises to pay the prllwlpal urn of Seventy Five Thousand Four Hundred Fifty and no/100 Dollars (USA 75,450.00 ),pluslnts sl,tolheordsrol Undar.Ntuut willbahuped on unpaid prirolpai, Immlb date of disbursement of the ban moaeds by Under, at the vole of Seven and One Half pat cool ( 7.500 %) per year unal the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's plomlco to pay Is.ecesd by a modg.9e, dead of trust or olmllar.swrly Instrument that la dated the acme dole s this Poe and aailad Me'Sa ear y Instrument.' That S.cumy Instrument protect, the Lander Ism laaus which mlyhl mull If Smaller default, under Mix Noe. 4. MANNER OF PAYMENT (A) Time Smaller shatl make a payment of principal ad Interest I@ Under an the lint dayof each month beginning on May 1996 . Any principal and Interest remaining on the Met day of April 2026 , will be due on that data, which Is called the maturity dots. (8) Place Payment hall be made at 114 E. LEXINGTON ST., 2ND FLR BALTIMORE,. MARYLAND 21202 of at weh other plan as Untler may designate in wiling by notice to Borrower. (C) Amount Each monthly payment of principal and Interest will be In the amount of S 527.56 . Thl.amminl will be p.d.1 a 1.19.1 monthly payment required by the Security In$Wmenl, that shall be applied to pilnclpai, interest and other Items In the order described In Sre Security Ineaument. (D) Allonge to this note for payment adjustments a an along, providing lot payment adjustments Is eaaculed by Somaw.r together with this Nob, the covenants of the anong. shall be Inarpo eh d Into and shell amend ad supplement Me covenants of tie Nov u It the shoals wen a pN of this viols. lChsok appiluble bash ? Dradustsd Payment Nlonpe ? Other (aPadlY) ? LLOwing Equity Alorce 5. BORROWER'S RIGHT TO PREPAY Bnnower has the right b pay the debt evidenced by this Not.. In whole or In pad, without cherge or penalty, on pea Bret dayof anymone. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments a Lander her nal meshed the full monthly payment squired by the Security Instrument, a described In Peaayrsph 4(D) of this Nob by the and of filleen ealmdar day.after the payment is due. Lander may collard A lab charge In the amount of FOUR per rem ( 4 . 000 %) of the overdue mount of each payment (B) Default N Sartawat defaults by falling to pry In full any monthly payment, Nan Lander may, except as limited by regulations of me Secrmry In the ales of payment delaulla, requite Immediate payment In full of the principal balance remaining due and all accrued Interest Lander may cAaose nor to exercise this option without waving Its right, In IM event of any subsequent default. In many circumstances mg.h lone Issued by the Secretary will sort Under'nlghts to require Immediate payment in full in the ass of payment dolaull.. This Note does not authorials acceleration when not permitted by HUD tegulations. N used In this Wis. *Secretary' mean. the Secretary of Hosing and Ihban Development or his or her designee. (C) Payment of Costs and Expenses M Under has required Immediate payment In lull, as described shove. Lander may require Borrower to pay costs and expenses Including nasonaNe and customary attorneys' fees for enforcing this Note, Such fall and costs shall boll Interest from the data of disbursement at N. unto rate as the principal of this Not.. MULTISTATE FIN Mrs ?.Y I el ]I flla lagmvntr rl-I 1N1. heal. - art FNLmM novel, FMCH moral) 7. WAIVERS Banaws, and any other person who ties obligation, under this Nob ..No the light. of pear hormt sod m1IM of dthonor. Tiosentmenr mean. Me tight to require Lander to dvmaM payment at Armhole due. 'Notice of dishonor' mean. the tight to require Lander to give notice W other poison, that amount due have not been paid. B. GIVING OF NOTICES Unleae aPWoable law require, a different method, any aotiea Mel must be given to Boff"t, under this Nolo will or given by delivering 11 W by malhno II by Md date mall to 9ormhes, at me pmpeny address about at at a different address It Bouowar he. given Lander a notice Of eprowar's different address. My MUM Mat mud be given to Lander under Ihls Nob will M given by filet dare mail to Lanes at Me addru. sided In Paragraph e10l or at a different address It Bomi Is gNen a notice of that consent address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If rape Man one person sign MI, Wis. each person to fully and personally obligated to keep Alto( the pmmlws male In this Will. Inducing the promise w pay Me full amount owed. My person "a Is a guarantor, unity or endorsor of MI, Nob Is IN obligated to do Mew Mines. My poison who bb. war thew obligations. Including Me obligation. of a guarantor, wary or endorsor of the Ni Is Well oNlgatec to gssp All of Me prom[... made In this Note. Lanchu may enforce It. right...roar this Nob agsinai arch person Individually or sgalnel sit signatories log.thoi. My one poison signing Uns Woe may be required b PAY all of IM amounts undo, this Nola. BY SIGNING BELOW, n er Pt. am Agnes to lee terms and covynanI burned In l Wtl. (SSaw) DIANNE L PI LIPS ace' awr[saw) (San) po,ro.w Without tluooulse, Pay to the Order at (s.") Pay to the Ofderol Provident Bank at Maryland By, PROVIDENT MORF3AGfC005 Atlantic Mongago 6 BNeStmogl Cole, TIA CON, LIDATFD MO CORP. VAlltara Rowurse ,S;C od• e??;?,2!?•- ?.-. By: Provident of Mnrylan Name' BEVERLYMUSG V0 SlBnud:?•-? Talo' ASSISTANT VICE PRESIDENT Nafno' DEVICRLY SGROVE Tolle' ASSISTANT VICE PRESIDENT_ PAY TO THE OHDLn OF without nocouroo '.Ildntic /IrlodgA'N 6 In•• utmenl Corporation ' c Iv.a•. vv\. - Robin M. Ivry Alln..tant Viral Prosldont MxLIMID1E FIN M'x[ (141 ] ul 11 FIP MJULItlv NN our xwe • "i F1421" to ) flRCll PdNll xwo EXHIBIT rye r LOAN # CHP 8907115 - =C :iDER OF C.E-E 0S :u.'•!iER! 4191 COUNTY-P4 190 Mai 29 PM 1 ,99 Parcel Number: [Space Above This Line For RecordingDatal Commonwealth of Pennsylvania MORTGAGE FHA Case No. 441-516351-6/703 THIS MORTGAGE ("Security Instrument") is given on MARCH 29, 1996 The Mortgagor is DIANNE L PHILLIPS ("Borrower"). This Security Instrument is given to PROVIDENT MORTGAGE CORP. T/A CONSOLIDATED MORT CORP which is organized and existing under the laws of THE STATE OF MARYLAND , and whose address is 114 E. LEXINGTON ST., 2ND FLR, BALTIMORE, MARYLAND 21202 ("Lender"). Borrower owes Lender the principal sum of Seventy Five Thousand Four Hundred Fifty and no/100 Dollars (U.S. S 75,450.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on APRIL 1, 2026 . This Security Instrument secures to Lender. (a) the repayment of the debt' evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 6 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose. Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. BEING THE SAME PREMISES WHICH BY DEED DATED OF EVEN DATE HEREWITH AND INTENDED TO BE RECORDED IMMEDIATELY PRIOR HERETO, AMONG THE LAND RECORDS OF CUMBERLAND COUNTY, WAS GRANTED AND CONVEYED BY GINA R SAPORITO UNTO DIANNE L PHILLIPS and THE BORROWERS HEREIN which has the address of 1146 PHEASANT DRIVE NORTH CARLISLE Pennsylvania 17013 [Zip Cade) ("Property Address"); FHA Pennsylvania Mortgage - 4192 5515006 2194 eocd320?AGE 501' ry.1as (Stmt, City), l t &W? TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part ofthe property. All replacements and additions shall also be covered by this Security Instrument. All ofthe foregoing is referred to in this Security Instmmenta5 the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced bythe Note and late charges due underthe Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) tares and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either. (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be detemtined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall deal with the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require' Borrower to make up the shortage or deficiency as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior ton foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining forall installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead or the monthly mortgage insurance premium; Second, to any takes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurancepremiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; Fifth, to late charges due under the Mote. e%d310?n,E 502 S5150e61 7/95 ry 2 0 5 LOAN # CMP-8907115 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. ht the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless the Secretary determines this requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Propem, is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's' interest in the Property, upon Lender's request Borrower shall promptly fumish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is recessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in pamgra h 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. 7. Condemnation. The proceeds of any award or claim for damages, direct orconsequendal, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of SSIS0062 2195 Pw 7 a a Initiatr BOCK 1310nut- 503 the monthly payments, which are referred to in paragraph 2, or change the amount of-such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if. (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthlypayment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrumentif: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent) by the Borrower, and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights in the case of payment defaults to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note secured thereby not be eligible for insurance under the National Horsing Act within 60 days from the date hereof. Lender may, at its option and notwithstanding anything in paragraph 9, require immediate payment in full of all sums secured by this Security Instrument. A written statement of anv authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note secured thereby, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it. secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend tine for payment or otherwise modify, amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. SS150063 2195 ry.4wa e?OKMO hie 5,04 (` LOAN # CMP-8907115 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions ofpamgmph 9.b. Borrower's covenants and agreements shall bejointand several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Secunty Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy ofthis Security Instrument. 16. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's nonce to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 16. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, attorneys' fees and costs of title evidence. 18. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 19. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any presenter future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 20. Reinstatement Period. Borrower's time to rcinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 21. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrowerto acquire title to the Property, this Security Instrument shall be a purchase money mortgage. SSI50064 2/95 P'.5 a a esoK43i0eaci; 505 22. Interest Rate After Judgment. Borrower agrees that the interest rate payable after ajudgment is entered on the Note or in an action ofmortgage foreclosure shall be the rate payable from time to time underthe Note. 23. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] Condominium Rider a Graduated Pa}ment Rider Other (Specify] Planned Unit Development Rider ? Growing Equity Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Insumnent and in any rider(s) executed by Borrower and recorded with it. Witnesses: • (Seal) nd,l DIANNE L HIL PS -Borrower (Seal) -Borrower _tacat) (Seal) -Borrower •BORON'er Certificate of Residence I, TINA FREIDHOF do hereby certify- that the correct address ofthewithin-named Lender is 114 E. LEXINGTON ST., 2ND FLR, BALTIMORE, MARYLAND 21202 Witness my hand this 29th dayof March '1996 J' TINA FREIDHOF Agent of Lender COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: Onthis,the 29th davof March 1996 before me, the undersigned officer, personally appeared DIANNE L PHILLIPS known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNE8jiN,V EREOF, I hereunto set my hand and official sear / My Cornn . ' 200d3fonr: ?Qg ALSEk6 - Tide ofOttice BRENDA L BREHM, Notary Public r" a a a Carlisle Borough, Cumberland County My Commission Eapires lan. 6, 30110 C? File No: H 159 807 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of ground situated in North Middleton Township, Cumberland County, Commonwealth of Pennsylvania, known as and numbered Lot 74 as shown on the Final Subdivision Plan of Pheasant Run Estates, Phase II and Phase III, for Metlanco, Inc., prepared by Gerrit J. Betz Associates, Inc., dated April 30, 1975, and recorded in the hereinafter mentioned Recorders Office in Plan Book 29, page 7d, and being more particularly bounded and described as follows: BEGINNING at a point at the Southeast corner of the within described premises, at the dividing line between lots nos. 73 and 74 as shown on he aforementioned plan; thence along the dividing line between the said lots nos. 73 and 74, North 83 degrees 10 minutes 21 seconds West 170.84 feet to a point at line of land now or formerly of Minnich as shown on the aforesaid Plan; thence along the line of said land now or formerly of Minnich North 13 degrees 37 minutes 30 seconds West 19.21 feet to a point at the dividing line between lots 74 and 75 as shown on the aforesaid Plan; thence along the dividing line between said lots 74 and 75, South 83 degrees 10 minutes 21 seconds East 177.53 feet to a point in or at the right-of- way of 50 foot wide Pheasant Drive North; thence in or along said right-of-way South 6 degrees 49 minutes 39 seconds West 18.0 feet to the point and place of BEGINNING. KNOWN AND NUMBERED as 1146 Pheasant Drive North, Carlisle, Pennsylvania, 17013, and having thereon a two story frame townhouse. SUBJECT to and together with rights in a 10 foot easement along the rear of said lot, as shown on said Plan. BEING the same premises which Gina K. Sapo it formerly known as Gina K. Vianey, a single person, by her deed dated yJ Z , 1996, and recorded in the Office of the Recorder of Deeds in nd for Cumberland County immediately prior to the recording of this mortgage, granted and conveyed unto Dianne L. Phillips, a single person, Mortgagor herein. -"'j of Pennsylvania ty of Cumberland I SS "aad in t-he office for the recording of Demos ndt Fymberland CounP....?@ I c Vo - -ra ?l 1 g%? my hen . ^^d' 211 of n_ i of ?? _-r J exxiRJOPHE 507 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 14904 relating to unswom falsifications to authorities, that he/she is [sPM 7hoM fV4 1 SSIS'6/1 of lan+re cif a ?- plaintiff herein, that (Title) (Company) he is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. O (Signature) Vl 41 `"f i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORP., assignee of PROVIDENT MORTGAGE CORP., T/A CONSOLIDATED MORTGAGE CORP., Plaintiff vs. DIANNE L. PHILLIPS, Defendant. No. 99-4035 TYPE OF PLEADING: PROOF OF SERVICE Filed on Behalf of: Plaintiff Counsel or Record for this Party: Jon A. McKechnie PA I.D. #36268 Wellman, Weinberg & Reis Co., L.P.A. 2601 Koppers Building 4367 1h Avenue Pittsburgh, PA 15219 W W R #01611335 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORP., assignee of PROVIDENT MORTGAGE CORP., T/A CONSOLIDATED MORTGAGE CORP.. Plaintiff VS. DIANNE L. PHILLIPS, Defendant. No. 99-4035 PROOF OF SERVICE BEFORE ME, the undersigned authority, personally appeared Jon A. McKechnie, Esquire, who according to law deposes and says that a copy of the Complaint in Mortgage Foreclosure has been served on the Defendant, Dianne L. Phillips. 1. On or about July 28, 1999, Plaintiff mailed Defendant, Dianne L. Phillips, a copy of the complaint in mortgage foreclosure, by certified mail, restricted delivery, return receipt requested, 3589 Lock Haven Drive, Edgewater, MD 21037. 2. On or about August 6, 1999, Plaintiff received the signed certified mail receipt indicating that a copy of the complaint had been served on the Defendant. A true and correct copy of said signed certified mail receipt is marked Exhibit "A". WELTMAN, WEINBERG & REIS, CO., L.P.A. Jon A. McKechnie Attorneys for Plaintiff 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Swor to and subs ibe before e ,his day of 1999. Notary Public e SENDER: o Compmld si 1 shield, x Wadditional somcm. Complelo dome 3,4a, and 41 OPdnl your name and dd I also wish to receive the follow. ing services for (for an extra f a a ress an and revorso of this loan so that card la you. ? Aaech this form to the Iron) of th ee): we can ,alum this m ,t• e mailpiecd, or on the back it 'Paco does not Permit. t• 0 Addressee's Address a Word 'Return Parisi Re4uasred'on the m Z•&?Restrict il i T d ?a _ Z C o p a e O Delivery eca EetdW the snide number he Return Retain mil show to whom the article was dphYered and this date delivered. r$ v 3 Anide Addressed to: n m 4a. Article Number w W W V l 41 H[j,y\? `7 4b. Service ?Registered pe Wd illi m o ewci?Fpc MQ Fd er ed 0 Express mail ? Insured O R t G c Q , g e urn Receipt for Merchantllse ?DOD Qz a Iw 7 7. Date of Delve 8 eceived 8y: ' tName) 6 Atld ' . ressee AI res (Only 11 requested and fee is Ord) e e 0 6. S nature (Add s e ,Agent m V' PS Form 3811, Decemb r 1994 10269999-e0223 Domestic Return Receipt Z 370 240 722 US Postal Service Receipt for Certified Mail No Insurance Covera . ge Prevlded n . Fee I ML Postage 6 Fees € Postmarkor Date . r ui 7??8??? y U ~ CV Z -? J C.1 r? r.. v: its fU 11111 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORP., assignee of PROVIDENT MORTGAGE CORP., T/A CONSOLIDATED MORTGAGE CORP., Plaintiff vs. DIANNE L. PHILLIPS, Defendant. No. 99-4035 PRAECIPE FOR DEFAULT JUDGMENT I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: c/o Waltman, Weinberg & Reis Co., L.P.A. 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 AND THE DEFENDANT IS: 3589 Lockhaven Drive Edgewater, MD 21037 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: ATTORNEYS FOR PLAINTIFF JON A. McKECHNIE PA I.D. NO. 36268 Wellman, Weinberg & Reis Co., L.P.A. 2601 Koppers Building 436 7" Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#01611335 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORP., assignee of PROVIDENT MORTGAGE CORP., T/A CONSOLIDATED MORTGAGE CORP., Plaintiff vs. DIANNE L. PHILLIPS, Defendant. TO THE PROTHONOTARY: No. 99-4035 PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, Dianne L. Phillips, above named, in the default of an Answer, in the amount of $80,784.74 computed as follows: Principal $ 73,473.13 Interest thru 9/5/99 at the legal interest rate of $15.72 per diem $ 4,163.79 Late Charges through 9/5199 $ 295.75 Pro Rate MIP/PMI $ 89.04 Escrow Advance $ 1,276.53 Total Fees $ 111.00 Recoverable Balance $ 525.50 Attorneys fees $ 800.00 Title Search $ 50.00 TOTAL $ 80,784.74 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: JON R' McKECHNIE Waltman, Weinberg & Reis Co., L.P.A. 2601 Koppers Building 436 7" Avenue Pittsburgh, PA 15219 (412) 434-7955 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.P.A. By ,'NSA Y?\C't?J.r? JON). McKECHNIE Wellman, Weinberg & Reis Co., L.P.A. 2601 Koppers Building 436 7" Avenue Pittsburgh, PA 15219 (412) 434-7955 x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORP., Assignee of PROVIDENT MORTGAGE CORP., T/A CONSOLIDATED MORTGAGE CORP., Plaintiff VS. DIANNE L. PHILLIPS Civil Action No. 99-4035 Defendant IMPORTANT NOTICE TO: Dianne L. Phillips 3589 Lockhaven Drive Edgewater, MD 21037 Date of Notice: August 27.1999 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland Co. Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: ? Wcx - ATTORNEYS FOR PLAINTIFF WWR #01611335 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. -- 1 i ". c V4 Qjz 1 V CL,