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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
/)E=DWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Company of
Pennsylvania
961 Weigel Drive
Elmhurst, Illinois 60126
V.
Jason P. Rhoads
1058 Centerville Road
Newville, Pennsylvania 17241
Jennifer R. Rhoads
1058 Centerville Road
Newville, Pennsylvania 17241
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number 04' a7 l d
pi-VI, T-1 rm
CIVIL ACTION/MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you
must take action within twenty (20) days after this
complaint and notice are served, by entering a written
appearance personally or by attorney and filing in
writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a
judgment may be entered against you by the court
without further notice for any money claimed in the
complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO
YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR
NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
AVISO
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas ex-puestas en las paginas
siguientes, usted tiene veinte (20) dias de plazo al partir
de la fecha de la demanda y la notificacion. Hace falta
asentar una comparencia escrita o en persona o con un
abogado y entregar a la corte en forma escrita sus
defensas o sus objeciones a las demandas en contra de
su persona. Sea avisado que si usted no se defiende, la
corte tomara medidas y puede continuar la demanda en
contra suya sin previo aviso o notificacion. Ademas, la
corte puede decidir a favor del demandante y requiere
que usted cumpla con todas las provisioner de esta
demanda. Usted puede perder dinero o sus propiedades
u otros derechos importantes para usted.
USTED LE DEBE TOMAR ESTE PAPEL A
SU ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE A UN ABOGADO, VA A O TELEFONEA LA
OFICINA EXPUSO ABAJO. ESTA OFICINA LO
PUEDE PROPORCIONAR CON INFORMATION
ACERCA DE EMPLEAR A UN ABOGADO.
SI USTED NO PUEDE PROPORCIONAR
PARA EMPLEAR UN ABOGADO, ESTA OFICINA
PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCIAS
QUE PUEDEN OFRECER LOS SERVICIOS
LEGALES A PERSONAS ELEGIBLES EN UN
HONORARIO REDUCIDO NI NINGUN
HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
CIVIL ACTION/MORTGAGE FORECLOSURE
Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company
of Pennsylvania, a corporation duly organized and doing business at the above captioned address.
2. The Defendant is Jason P. Rhoads, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 1058 Centerville Road, Newville,
Pennsylvania 17241.
3. The Defendant is Jennifer R. Rhoads, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 1058 Centerville Road, Newville,
Pennsylvania 17241.
4. On December 26, 2006, mortgagors made, executed and delivered a mortgage upon the
premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of
Cumberland County in Mortgage Book 1977, Page 3796.
5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A"
and is known as 1058 Centerville Road, Newville, Pennsylvania 17241.
6. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due November 1, 2008 and each month thereafter are due and unpaid, and by the terms of said
mortgage, upon default in such payments for a period of one month, the entire principal balance and all
interest due thereon are collectible forthwith.
7. The following amounts are due on the mortgage:
Principal Balance $ 114,036.30
Interest through April 30, 2009 $ 6,953.60
(Plus $32.80 per diem thereafter)
Attorney's Fee $ 1,250.00
Late Charges $ 686.47
Corporate Advance $ 12.50
GRAND TOTAL $ 122,938.87
8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice
required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et
seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail
with a certificate of mailing and by certified mail, return receipt requested.
WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $122,938.87,
together with interest at the rate of $32.80 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged property.
McCABE, WEISBERG AND CC@T;Vj-A*y.C.
BY:
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
VERIFICATION
The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the
within action, and that he/she is authorized to make this verification and that the foregoing facts based on
the information from the Plaintiff, who is not available to sign this, are true and correct to the best of
his/her knowledge, information and belief and further states that false statements herein are made subject
to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities.
McCABE, WEIS_BFgG AND CON3KI ,Y,P.C.
BY:
Attorneys`Ibr Plaintiff
TERRENCE J. McCABE, ESQUII
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUII
MARGARET GAIRO, ESQUIRE
This instrument was prepared by:
NANCY J DITZEL
(Name)
419 VILLAGE DR STE 2 CARLISLE, PA. 17015
(Address)
Return To:
Records Processing Services
577 Lamont Road
Elmhumt,IL 60126
(800) 547-8776
UPl # 31-38-2618-004
.7!ES't.-R
E 2%. E
ZW6 MIC 29 AM to Os
711715 MORTGAGE
IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND
SECURES FUTURE ADVANCES.
THIS MORTGAGE is made this day 28TH of DECEM13M 2006 , between the
Mortgagor, JASON P. RHOADS AND JEW I FER I DS ,
BENEFICIAL WATBAOE CO
418 VILLAGE DRIVE, SUITE 2, CARLISLE, PA TI
Brain
The following paragraph preceded by a checked box is applicable.
X WHEREAS, Borrower is indebted to Lender in the principal sum of $ - 11f; M-97
evidenced by Borrowers Loan Repayment and Security Agreement or gage Loan
Agreement dated nECEMSM 24- and any extensions or renewals thereof (herein
"Note"), providing or monthly installments o pri c al and interest, including any adjustments to the
amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if
not sooner paid, due and payable on nFea g 9a 2=
WHEREAS, Borrower is indebted to Lender in the principal sum of S
or so much thereof as may be advanced pursuant to Borrower's Revolving-T.oanment
and extensions and renewals thereof (herein "Note"), providing for
mon y i ments, an ,merest at the rate and under the terms specified in the Note, including any
adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the
principal sum above and an initial advance of $
TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with
interest thereon, including any increases if the contract rate is variable; (2) future advances under any
Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in
accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants
and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to
Lender and Lender's successors and assigns the following described property located in the County of
CUMBERLAND Commonwealth of Pennsylvania:
SEE EXHIBIT A-LEGAL DESCRIPTION
"R651C98P5A93MT08000PA001301W"HOAM M ORIWAL
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TOGETHER with all the improvements now or hereafter erected on the property, and all
easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the
property covered by this Mortgage; and all of the foregoing, together with said property (or the
leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as 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 covenants that Borrower warrants and will defend generally the title
to the Property against all claims and demands, subject to encumbrances of record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest (including any variations in interest resulting
from changes in the Contract Rate that may be specified in the Note) on, the debt evidenced by the Note
and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for
Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall
be made in U.S. currency. However, if any check or other instrument received by Lender as payment
under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or
all subsequent payments due under the Note and this Security Instrument be made in one or more of the
following forms, as selected by Lender. (a) cash; (b) money order; (c) certified check, bank check,
treasurer's check or cashier's check, provided any such check is drawn upon an institution whose
deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section
12. Lender may return any payment or partial payment if the payment or partial payments are
insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient
to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse
such payment or partial payments in the future, but Lender is not obligated to apply such payments at
the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date,
then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until
Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable
period of time, Lender shall either apply such funds or return them to Borrower. If not applied artier,
such funds will be applied to the outstanding principal balance under the Note immediately prior to
foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall
relieve Borrower from making payments due under the Note and this Security Instrument or
performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2 or as
may be required by the Note and/or applicable law, all payments accepted and applied by Lender shall be
applied in the following order of priority: (a) interest due under the Note; (b) principal due under the
Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the
order in which it became due. Any remaining amounts shall be applied first to late charges, second to
any other amounts due under this Security Instrument, and then to reduce the principal balance of the
Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment
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and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment
received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each
payment can be paid in full. To the extent that any excess exists after the payment is applied to the full
payment of one or more Periodic Payments, such excess may be applied to any late charges due.
Voluntary prepayments shall be applied first to any prepayment charges and then as described in the
Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due
under the Note shall not extend or postpone the due date, or change the amount, of the Periodic
payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Peridic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts
due for: (a) taxes and assessments and other items which can attain priority over this Security
Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the
Property, if any; (c) premiums for any and all insurance required by Lender under Section S; and (d)
Mortgage Insurance premiums, if any. These items are called "Escrow Items." At origination or at
any time during the term of the Loan, Lender may require that Community Association Dues, Fees,
and Amsessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an
Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this
Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's
obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to
pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing.
In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for
any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall
furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be doomed
to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and
agreement" is used in Section 7. If Borrower is obligated to pay Escrow Items directly, pursuant to a
waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights
under Section 7 and pay such amount and Borrower shall then be obligated under Section 7 to repay to
Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a
notice given in accordance with Section 12 and, upon such revocation, Borrower shall pay to Lender all
Funds, and in such amounts, that are then required under this Section 3.
Lander may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to
apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a
lender can require under the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et.seq.) and
its implementing regulation, Regulation X (24 C.P.R. Part 33000, as they might be amended from time
to time, or any additional or successor legislation or regulation that governs the same subject matter.
As used in this security instrument, "RESPA" refers to all requirements and restrictions that are
imposed in regard to a "federally related mortgage loan" even if the loan does not qualify as a "federally
related mortgage loan" under RESPA. Lender shall estimate the amount of Funds due on the basis of
current data and reasonable estimates of expenditures of future Escrow Items or otherwise in
accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured)
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or in any Federal Home Loan Bank. Lender shill apply the Funds to pay the Escrow Items no later
than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the
Funds, annually analyzing the escrow amount, or verifying the Escrow Items, unless Lander pays
Borrower interest on the Funds and applicable law permits Lender to make such a charge. Unless an
agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall
not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can
agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,
without charge, an annual accounting of the Funds u required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in a corda= with RESPA. If there is a shortage of Funds held in
eser»w, as defined under RESPA, Lowder shall notify Borrower as required by RESPA, and Borrower
shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no
more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under
RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the
amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12
monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly
refund to Borrower any Funds held by Lender.
4. Prior Mortpges and Deed of Trust; Charges; Liens. Borrower shall perform all of
Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which
has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower
shall pay or cause to be paid all taxes, awasernents and other charges, fines and impositions attributable
to the Property which may attain a priority over this Mortgage, and lessehold payments or ground
rents, if any.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and
such other hazards as Lender may require.
The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by
Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and
renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in
favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals
thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which
has priority over this Mortgage.
In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loos if not made promptly by Borrower.
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days
from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for
insurance benefits, Loader is authorized to collect and apply the insurance proceeds at Lender's option
either to restoration or repair of the Property or to the sums secured by this Mortgage.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit
Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit
impairment or deterioration of the Property and shall comply with the provisions of any lase if this
Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development,
Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or
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governing the condominium or planned unit development, the by-laws and regulations of the
condominium or planned unit development, and constituent documents
7. Protection of Leader's security. H Borrower fails to perform the covenants and agreements
contained in this Mortgage, or if any action or proceeding is commer"d which materially affecta Lender's
interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may mate such
appearances, disburse such sums, including reasonable attorneys' fens, and takesuch action as is necessary to
protect Lender's interest.
Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract
rate, shall become additional indebtedness of Borrower secured by this Nbrtgage. Unless Borrower and
Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to
Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur
any expense or take any action hereunder.
8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the
property, provided that Lender shall give Borrower notice prior to any such inspection specifying
reasonable cause therefor related to Lender's interest in the Property.
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu
of condemnation, are herby assigned and atoll be paid to Lender, subject to the terms of any mortgage,
deed of trust or other security agreement with s lien which has priority over this Mortgage.
10. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any
successor in interest of Borrower shall not operate to reuse. in any manner, the liability of the original
Borrower and Borrower's succemors in interest. Lender shall not be required to commence proceedings
against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's
si1c00MMOre in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise
afforded by applicable law, shall not be a waiverof or preclude the ezercise of any such right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and
agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors
and assign a of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and
agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not
execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's
interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note
or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend,
modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note
without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that
Borrower's interest in the Property.
12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any
notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by
certified mail addressed to Borrower at the Property Address or at such other address as Borrower may
designate by notice to Lender as provided herein, and (b) any notice to Lender shall be gives by certified
mail to Lender's address stated herein or to such other address as Leader may designate by notice to
Borrower as provided herein. Any notice provided f or in this Mortgage shall be deemed to have been given
to Borrower or Lender when given in the manner designated herein.
13. Governing Low; Sevaability. The applicable law contained in the Note shall control. Where no
applicable law is contained therein, the state and local laws applicable to this Mortgage shall be the laws of
the jurisdiction icability
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of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or
the Note which can be given effect without the conflicting provision, and to this and the provisions
of this Mortgage and the Note are declared to be severable. As used herein, "costa," "expenses" and
"attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein.
14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this
Mortgage at the time of execution or after recordation hereof.
1 S. Rehabilitation Loss Agreement. Borrower shall fulfill all of Borrower's obligations under any
home rehabilitation. improvement, repair, or other loan agreement which Borrower enters into with
Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form
acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against
parties who supply labor, materials or services in connection with improvements made to the Property.
16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property
or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this
Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant,
(c) the grant of any leasehold interest of three years or lees not containing an option to purchase, (d)
the creation of a purchase money security interest for household appliances, (e) a transfer to a
relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the
Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of
marriage, legal separation agreement, or from an incidental property settlement agreement, by which
the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivos
trust in which the Borrower is and remains a beneficiary and which does not slate to a transfer of
rights of occupancy in the property, or (i) any other transfer or disposition described in regulations
prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted
information required by Lender to evaluate the tramteree as if a new loan were being made to the
transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender
releases Borrower in writing.
If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by
this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender
shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall
provide a period of not less than 30 days from the date the notice is mailed or delivered within which
Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of
such period, Lander may, without further notice or demand on Borrower, invoke any remedies
permitted by paragraph 17 hereof.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's
breach of any covenant or agreement of Borrower in this Mortgage, including the covenants
to pay when due any sums secured by this Mortpge, Lender prior to acceleration shall give
notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the
action required to can such breach; (3) a date, not less than 30 days from the date the notice
is mailed to Borrower, by which such breach must be cored; and (4) that failure to corn such
breach on or before the date specified in the notice may molt in acceleration of the sums
secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The
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notice shall further inform Borrower of the right to reinstate after acceleration and the
right to assert in the foreclosure proceeding the nonexistence of a default or any other
defense of Borrower to acceleration and foreclosure. U the breach is not cured on or before
the date specified in the notice, Lender, at Leader's option, may declare all of the sums
secured by this Mortgage to be immediately due and payable without further demand and
may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in
such proceeding all expenses of foreclosure, including, but not limited to, reasonable
attorneys' fees and costs of documentary evidence, abstracts and title reports.
18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this
Mortgage due to Borrower's breech, Borrower shall have the right to have any proceedings begun by
Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this
Mortgage if: (a) Borrower pays Leader all sums which would be then due under this Mortgage and
the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or
agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable ezp mm
incurred by Lender in enforcing the covenants and agreements of Borrower contained in this
Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not
limited to, reasonable attorneys' loos; and (d) Borrower takes such action as Loader may reasonably
require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's
obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment
and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force
and effect as if no acceleration had occurred.
19. Assignment of Rents; Appointment of Receiver. As additional security hereunder,
Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to
acceleration under paragraph 17 hereof, in abandonment of the Property, have the right to collect and
retain such rents as they become due and payable..
Upon acceleration under paragraph 7 hereof or abandonment of the Property, Leader shall be
entitlod to have a receiver appointed by it court to enter upon, take possession of and manage the
Property and to collect the rents of the•'Property including those past due. All rents collected by the
receiver shall be applied first to plymedt of. the costs of management of the Property and collection
of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable
attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to
account only for those rents actually received.
20. Release. Upon payment of all sums secured by this Mortgage, Leader shall release this
Mortgage without charge to Borrower. Borrower shall pay all costa of recordation, if any.
21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the
Property under state or Federal law.
22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a judgment
is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note.
23. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note
is hereby incorporated by reference and made a part of this Mortgage.
11-11-05 afro PA001307
¦RIS1COOFSA93MT000OOPA0019010"NRNOADS ORIGINAL
BKI977PG3802
J . .
-8-
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a
lien which has priority over this Mortgage to give Notice to Leader, at Lender's address at forth on
page one of this Mortgage, of any default under the superior encumbrame and of any sale or other
foreclosure action. JASON P RHOADS - Borrower
ENI!fI R RHOADS -Borrower
I hereby certify that the precise address of the Lender (Mortgagee) is:
419 VILLAGE DRI SUIT 2 E PA. 17015
On behalf of the Lender. By: NANCY DITZEL Title: S.A.
COMMONWEALTH OF PEANS*VANI10 CUK$BLAIM Count' am
11 FLORA M VOGT a Notary Public in and for said county and state, do hereby
corn y t t JASON P RHOAD AND J IF R RHOADS
personally known to me or proven Batt soon y to be the same parent s wbose namets) ARE
subscribed to the foregoing instrument, appeared before me this day in person, and acknow t
The Y signed and delivered the said instrument as THEIR free voluntary
ac7t or tge uses and purposes therein set forth.
Given under my hand and official seal, this 26TH day of DECEMMR ?_SZfL•
My Commission expires:
N0100 92d
Flora K V09, NaW- jr Pd ft
Nofi MaMl W Twp., GW*ft %l
AAll CormtwWn eon Mr/ 21. 210
M VOGT
Men* r. PNnlaovanW Assodow of Notada
COMMONWEALTH OF PENNSYLVANIA, County ss:
I, a Notary Public in and for said county and state, do hereby
certa y at
personally known to me or proven sa actors y to the same person(s) whose name e
subscribed to the foregoing instrurent, appeared before me this day in person, and acknow ge t at
he signed and delivered the said instrument as free voluntary
act, Tor the Rases and purposes therein set forth.
Given under my hand and official seal, this day of , M-.
My Commission expires:
Notary Public
PA001309
11-11-05 MTG
¦R651C$BF5A93MT06000PA0013060NMO OM M ORIGIM
8K 1977PG3803
9-
(Specs Below This Line Reserved Por Lender and Recorder)
11-11-05 MTG PA001309
KRO51C9/F5A83 rOE000PA001909OmIF4i AQS M ORIOIW4L
Ov 1977PG3804
EXHIBIT A (PAGE 1)
ALL THAT CERTAIN PROPERTY SITUATED IN THET0111IN9HIP OF PENN IN
THE COUNTY OF CUMBERLAND AND C0114011111EALTH OF PEN SYLVAN I A.
BEING MORE FULLY DESCRIBED IN A DEED DATED 07/30/2004 AND
RECORDED 08/04/2004, AMONG THE LAND RECORDS OF THE COUNTY
AND STATE SET FORTH ABOVE, IN DEED VOLUME 284 AND PAGE
2868. TAX MAP OR PARCEL ID NO.: 31-38-2818-004
(71 ry this to be recorded
l_jrnberland County PA
- Recorder of Deeds
"R651C99F5A93AR09000FA0013000mq*GADS ¦ ORIGINAL
8KI977PG3805
OF -HE't -?CTARY
21A9 MAY -5 AM II * 33
want c
#- M)[--?6 /-?
fick 4alo-N
Sheriffs Office of Cumberland County
R Thomas Kline ?'J" 0 ?Inflb"r" Edward L Schorpp
Sheriff$ Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy C!IF2C? 7HE S,-EP'Fr Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/29/2009 05:15 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May
29, 2009 at 1715 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Jason P. Rhoads, by making known unto Jennifer R. Rhoads, wife of
defendant at 1058 Centerville Road Newville, Cumberland County, Pennsylvania 17241 its contents and a
the same time handing to her personally the said true and correct copy of the same.
05/29/2009 05:15 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May
29, 2009 at 1715 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Jennifer R. Rhoads, by making known unto herself personally, defendant
at 1058 Centerville Road Newville, Cumberland County, Pennsylvania 17241 its contents and at the same
time handing to her personally the said true and correct copy of the same.
SO ANSWERS,
SHERIFF COST: $54.80
June 01, 2009
"4
R TH FIIN',SHERIFF
c
De S
2009-2810
Beneficial Consumer Discount
V
Jason & Jennifer Rhoads
F