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Home My WebLink About09-3192McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 ?1VIARGARET 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 Co. of Pennsylvania 961 Weigel Drive Elmhurst, Illinois 60126 V. George M. Thornburg 9648 Molly Pitcher Highway Shippensburg, Pennsylvania 17257 Carol J. Thornburg 9648 Molly Pitcher Highway Shippensburg, Pennsylvania 17257 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number QQ -31 q2 L V CC--l 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 provisions 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 1. Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is George M. Thornburg, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 9648 Molly Pitcher Highway, Shippensburg, Pennsylvania 17257. 3. The Defendant is Carol J. Thornburg, who is the mortgagor and real owner of the mortgaged property hereinafter described, and her last-known address is 9648 Molly Pitcher Highway, Shippensburg, Pennsylvania 17257. 4. On July 2, 2007, 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 3519, Page 569. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 9648 Molly Pitcher Highway, Shippensburg, Pennsylvania 17257. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due October 9, 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 $ 212,285.48 Interest through May 14, 2009 $ 12,918.01 (Plus $59.53 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 574.08 Corporate Advance $ 276.00 GRAND TOTAL $ 227,303.57 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 $227,303.57, together with interest at the rate of $59.53 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY )A g7,17 Atto eys fo laintiff 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, WEISBERG AND CONWAY,P.C. BY: ?AA ,I- Attorneys for aintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 04/08/2009 05:25 8147354239 MJ JAMES PAGE 29/43 Sk This Instrument was prepared by.. 1.AnY A COLIRpT 8?e 419 VILLAIGI~ DRIVg STE2 CARLISLE, (Addrewl Return To. Records Procoodng Services 377 Lamont Road ElmhurVUL 0126 W) .547-8776 RECORDED 1801 JUL -5 P I= SS PA17015 veto _ 21-z1-10-57 LINDA HILLER RECORDER OF DEEDS 711715 /JP2 [MORT'GA'GE IF BOX 13 CHECKED, THIS MURTUAGE IS AN OPEN-END MORTGAUE AND WIURES FUTURE ADVANCES. THIS MORTGAGE is made this day 30 of JULY_ 20 , between the Mortgagor,OEORGE M. ?? NOT STATW-- MIMF I C I AL M13RTGAM CO OF p 7C-"` a oorparatzon or 2ed and axrst tip under ft lows i 419 V I LLAGE DR I VE. SU I TE 2, M I SLE. PA ,--_, The following Paragraph preceded by a chocked box is applicable. WMREAS, Borrower is indebted to Lender, in the principal sum of $ evidenced by Borrower"s Loan Repayment and Security Agreement or Agreement dated 4A V ry Mortgage Loan "Nate"), Providing r 2 2 oil-"` and any ez?sione or renewals thamof (homqu Notmt of and intrrt+mt, including any adjustments to the amo payments or the oomract rate if that rate la vatlable, with the balance of the indebtedness, if not sooner paid, due and payable on M V 2, 2=7 WHEREAS. Borrower is indebted to Leader in the principal sum of S or so much thereof as may be advanced pursuant to Borrower's Revolving ent tad and extensions and renewals thereof (heroin "Note"), providing for tnon y i rata Ifneuts, interest at the rate and under the terms specified in the Note. including an adjustments in the interest rate if that rate is variable, had providing for a credit limit stated in the principal sum above and an initial advanoa of $ TO SECURE to Lender the ; interest thereon. itirciuul' repayment of (Y) the indeb?tedrress oviderxoed by the Note, with R??n Loan ing any ?'reaes if the contract rate is variable: (2) future advance under any evolving Agreement: (3) the payrrrent of all other sums, with, interest thftvon, advanced in accordance herewith to protect the security of this Mortgage, and (4) the performance of the covemi s and agreements of Borrower herein contained. Borrower does hereby mortgage, grant and eouvey to Lender and Lender's successors and assigns tbo following described property located in the County of FPANIa I N Commonwealth of Peatrsylvania: SER SRSISIT A-LEGAL DZSCRIPTION 11`11-05 FM NT299F4A07A94UM7000PAO010010'w7HOwt4to R ORIGINAL yet 3519PG569 PADO19D7 94/08/2009 05:25 8147354239 MJ JAMES PAGE 30/43 -2- TOGM With all the impr' verrsenta slow of hereafter erected an the property, and all eaatments, rights-' aPPurteammes UA rents, all of which shall be deemed to be and remain a part of the QMpcrty covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estata if this Mor4pps is on a lesaahold) are hereinafter referred to tee the "Property," Borra*er Covenants that Borrower is lawfully Wad of the eatate hereby coaveyed and bas the right to m0rtV8% groat AM convey the Pmperty. and that the property is moncumbered, MoVt for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the property Spina all claims and demands. subject to encumb www of rogord. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows; PsY Borrower einall?t Of PhWiPel, Interest, Escrow Items, Prepayment Charges, and Late Charges. pay when due the principal of, and interest (including any variations in interest resulting from ehaages in the Contrast Rtte 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 furA for FAerow Items pursuant to Section 3. Payments due undo the Note and this Secutrity Instrument shall be made in U.S. currency. However, if any cheat nr other instrument roociveci by Lander as payment under the Note or this Security Instrument in retutyned to Lander unpaid, Lender may require that any or all subsequent payments due under the Note and tWe Security Instrument be made in one or rgnre of the following [amiss, as selected by Lender: (a) cash; (b) money order (c) cortified check, bank check, treasurer's check or casWor's check, provided deposits ors insured by a toderal my such chock is drawn upon an institution whose 9, tnatsurnentality, or entity; or (d) Electronic Funds Transfer. Payments are domed received by Lender when received at the location designated in the Note or at such other location as may be designated by Leader in scoordence with the notice provisions in Section 12. Leader may return any payment or partial payment if the payment or partial payments are insufficlent to bring the Loan currant. Leander may accept any payment or partial payment insufficient to bring the Loan current, without walver of any rights hereunder or prejudice to its rights to rafuso 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 ifs scheduled due date, then Lender need not pay interest on ucapplied funds. Lender may hold such unappiied funds until Borrower mattes payment to bring the Loan current. If Borrower does not do so within a reasonable: paried of time, Lander shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclos ue. 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 I wtnusent or perfornning the covenants and agreements scoured by this Security Instrument. 2. Application of Payments or )Proooads. Except as otherwise des<xibed in this Section 2 or as may be required by the Note madlor applicable law, all payments accepted and applied by Lender shall be applied is the following order of priority: (a) inuwast due under the Not ; (b) principal due under the Note; (e) amounts clue wader Section 3. Such paymelnis 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 otter amounts due under this Security Instrument, and then to reduce the principal balance of the Note. It Lender receives a Mn ent tram Harrower 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 11-11-05 MTG PAOO19O2 I X"99F4Ae7A$WG7OOOFA0013D2DWT1iOR0w M ORIGINAL yl3519PG570 04/08/2009 05:25 8147354239 MJ JAMES PAGE 31/43 - and the late charge. If wore than one Pliodic Payment is ouigunding, L.endW may aWy $ny Payment rexived from Borrower to the repayertent of the periodic Payments if. and to the ert+eat that, each payment can be paid in full. To the srtsnt that any escess cmist8 after the payment is applied to the fudl Voluua of one or more Periodic be applied ? a PaMeaft,.auah exam may be sppdied to any late chars due, PMOYMIS Note. firart any Pr?pa9tment charges and than as described in the Any applicatiosr of payments ina:urancs prooeoda, or dlasoellso mre undue the Note shall not elxr4nd or postpone: the due date prone a to priadval due Payments, . or chagp the amount, of the Periodic 3. Funds for Bserow Items. BocY'owelr shall pay to Lander on the day Peridic Paymcnu are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for paycnernt of amounts due for. (a) taus and Wasements and other Item. which can strain priority over thia Security Iratrumeat as a lien or encumbrance on the Property; (b) leaeelWW payments or Wound recto on the Property. it any; (c) premiums for any and all insu7nnce requited by Lendav< under Section 5; and (d) Mortgage Insurance premiums, if any. These items are called "BWOW Items." At origination or at any time during the tam of the Loan, Lander may require that Community A.sootation Dues, Fear, and Ammmarts, if any, be eecrgwed by Borrower, and Ruch du w% fees and aasee.Meuta aWl to an Escrow Item. Borrower sherll Promptly furnish to Lander, all notfoes of amounts to be paid under this SWdoca. Borrower shall pay L ender the Funds for Escrow Itt?m. unless obligation to pay the Punds for any or all Escrow Items. Lender may waive Lander Borrower's Borrow to s obligation to Pay to Lender Funds for may In the event of such waiver. orBe aU PA uw Items at any tYm4 Any such waiver may only be in writing, eeven Items for which pay directly, when and where paysblo, the amounts due for any furn'O to ny Rfti o Lustier roctti payment of Funds has been waived by Lender and, if Lender requires, shall A Pa evidencing such Payment within rich time period as Lender req may uire. Borrower's obligation to make such payments and to Provide: reoaipte stall for all P be deemed to be a covenant urd Arwment contained is this Security Instrument, as the urposes m " is used in Section 7. If Borrower is chin trs3 to °° 'covenant and waiver. and Borrower falls to ? Pay Eeoc,arov Ibents directly, peu'srautt to a under 1, and n 7 and PRY the amount due for an Becxow Item, Lower may exercise its rights pay such amount sad 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 FAarow Items at say tie b a notice given in al:cordanee with Section 12 and, upon such revocation. Borrower strap to m y Lender all Funds, and in such amounts. that are then required under this Serdon 3. pay Lender may, at any time, oollect and hold Funds in an amount (a) wifficient to permit Leader to apply the Funds at the time specified under RBSPA, and (b) not to mood the maiimum amount a leader can require under the heal Estate Settlement Procedures Act (12 U.S.C. Section 2601 et mg.) acrd its implementing regulation, Regulation X (24 C.F.R. Part 33000, as they might be amended from time to time, or any additional or succesaot legislation or regulation that go earns the same subject matter. As used in this security inatmment, "RBSPA" refers to all "RuuramOuts and restrictions that are imposed 'A regard too a "federally related mortgage loan" even, if the loser does nut qualify as a "federally related mortgage lotm" undet ROSPA. Lender shall eadmate the amoum of Fluids due on rho basis of current data and ressonable a gamaua of sxpenditluw 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 Lendr, if Lender is an institution whom deposits are federal i d, so m 11-11-05 WG •T299F4A07A94wr*7000PA0013820-THpMMMe " ?OR1811z PA001303 VIL35I9PG57I 84/08/2009 05:25 8147354239 MJ JAMES PAGE 32/43 or In any Federal Home LOOA Batch. Lender owl apply the Fusels to s no later than the time specified under 1i WA. Lender shall tiot WHWV Borrower pay the boacrow ldly and itemapplying ender the Funds. amudiy analyzing the escrow amount or WOOS ? the l?arow for Itexds, unless boldly and Lender Borrower interest oo the Putnde and t' a applicable law pwmits Leader to snake SWh a Charge. Ufdasa gree11=t is made in writing or Applicable Law TNWrm inw est to be paid on the Punch, Lem Shall not be required to PAY Borrower any interest or earnings on the Funds. Borrower. and Lender can agm in writing, however, that 10tareat shall be paid oa the Funds. Lander shaft give to Borrower, without charge, an annual amounting of the Funds as required by RMpA. If there is a surplus of Funds held in escrow, as defined under MpA, Lender shall aoooe7nt to Borrower for the e-Pim funds In accordance wPith RBSPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RWA, and Borrower shall pay to Lender flue amount necessary to melee up the ebortage is socordanos with REMPA, but In no more them 12 mon0gy payments. If thews is a dafitd*WY of Funds held in escrow, as defined sander RMPA. Lander ahall notify Borrower as required by P MPA., and Borrower shalt pay to Lender the amount necessary to make uP the defigewy is accordance with RESPA, but in no more than 12 monthly paymentg. Upon payment in full of all autos secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. N10Ir Martpgea Arad Deed of Trust; Charges; Liens. Borrower shall perform all of Borrower's obftatiom udder any mortgage, deed of h.m or otler security agreement with a lien which has priority aver this Mortgage, including aotroweees a yomts to matte payments when due. Borrower s> to the ' Pay or cauga to be paid all tams, assesetMents and other cluuiges, fines and impositions attributable Property AM my attain a priority over this Mortgage, and lea "Wd rants, if any payelae>nlts or p+otmd 5. Hazard Inamnee. Borrower *2111ceep the unprovements now existing er hmaher erected on the Property i0sured against lass by fire, hazards included within the term "extended coverage," and such otter hazards As bender may XVquiro. The inaca ante aaerier providing the inguracce shall be chosen by the Borrower subject to approval by Lander; provided, that such approval Abell not be unreasonably withheld. All iasuratme policies and rmewals thereof shall be in a form acceptable to Lender and sha11 include a standard mortgage clause in favor of and i:s a fast wmPtftblc to Letader. Lender shalt have the right to hold the policies and renewals thereof. subject to the tarma of say mortgage, dead of trust or other security agreement with a lien which has priority over this Mortgage. In the event of laws, Borrower Shell give prompt notice to the insurance carrier and Leander. Lender may make proof of loas if not mm& promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lander within 30 days from the date Aotica is ensiled by Lcww to Borrower that the iftulranoe carrier offers to settle: a claim for hwuranoe bemefits, Leander is authoerised to collect and apply the jamnanca proceeds at Lander's option edtherto nestomdon or repair of the Prooperty or to the aortas secured by tbia Mortara. 6. Pu serrvation and M,ainteahace of property; Leaseholds; Condoaiia saw Planned Unit DOVIDIoPMCma- Bormwer shall keV the Property in good repair and shalt trot commit waste or permit impairment or deterioration of the Property and shall comply with the provislona of any lease if this MortgP 18 0111 a ltasseabald. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall Pe dorm all a Bol'~a obligatiotm under the decluation or cov=aM creating qr 11-11-01 MTG ( PA001304 OT2991;41OTA4w(i7ocapAO019040*wfgAIWjW ¦ ORIGINAL Y1135I9PG572 64/08/2009 05:25 8147354239 MJ JAMES PAGE 33/43 -S- governing the condominium or plane unit development, the by-laws and regulations of the condominium or planned unit development, and oonstituentdopuments. 7. Protection of I,eadesr's Security. It Borrower fails to perform the covenants and agreemento contained in this Mprrop, or it any action or proceeding is commetand which maWldly affects Lender's interest in the may. then Lender, at Lendda option, upon ashes to Borrower, may make such appearances, disburse mvh sums, including reasonable attorneys' fees, and talwouch action as is necessary to protect L,ande.r's interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indsbtednew of Borrower acc=red by this Mortgage, Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Leerier to Borrower mr- asting payment the svof. Notes contained in this paragraphs 7 shall require Lander to incur sexy expanse or tape anyaatioa hereunder. S. Inspection. Lander 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 reeson¦blecauee therefor related to Lender'sinte rest in the Property. 9. Condemnation. The proceeds of any award or claim for damages6 direct or consequential, in connection with any condeimnationor other tall ag of the Property, o r pat tbavot, or for eonveyaaaein lieu of condemnation. an hereby assigrod. and shall be paid to Lender, subject to the terms of any mortgage, deed of trust er otbuerscaurity agreement with a lien which has priorityover this Mortgage. 10. Borrower Not Released; Forbearance By Lander Not a Waiver. Extension of the time for payment or modification of amortization of rite sums scoured by this Mortgage granted by Lender to any successor in interest of Borrower WWI not operate to release, in any mamsex, the liability of the original Borrower and Bwowor's sueoeesors in interest. Gadder shell not be required to commence proceedings against such successor or reuse 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 st>rxeasora in interest. Any forbearano s by Lender in ezaraising any right or remedy here miler, or otherwise affordedbpapplicablclaw, shall not be awaiveroforgracludetheemroisoof anysuohrightorre:medy. 11.5 ooeewsors and Assigns Hound; Joint and Several Liability; Co-signers. The covenants and agreements herdm contained alaall bind, and the rights hereunder shall inure to, tho respective succe:seors and assigae of Lender and Borrower, subject to the provisions of paragraph ld hereof. All o wanents and agreements of Borrower slW1 be joint and several. Any Borrower who co-signs this Mortgage, but does not enecuto the Note. (a) is oorsigning this Mortpp only to mortgage, grant and convoy that Borrower's interest in the Property to Leaeder under the terms of this Mortgage. (b) is not personalty liable on the Note or under this Mortgage, and (c) agrees that Lander and any other Borrower hereunder may agree to Utmd, modify, forbear, or make any other accommodations with regard tt) the terms of this Mortgage or the Note without that Borrower's consent and without releasiag that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Ekaept for any notice required under apoicabie 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 Leader shall be given by certified mail to Lender's addrew stated herein or to such other addmas ps Leander may designate by notice to Borrower as provided herain. ,Amy notice provided for its this Mortgalp shall be deemed to ]slave been given to Borrower or Lender whengiven its the mannerde gated berenn. 13. Governing Law; Severability. Thesppticalile lair contained in the Note shall control. Wltamno applicable low is contained therein, the state and local laws applicable to this Ubrtgaga shall be the laws of the icability 11-11-05 Um "T2laF4Ae7A4offr7eaopAoc12D500 rWOM w ORIOIAML yet 351 9K573 84/08/2009 05:25 8147354239 MJ JAMES PAGE 34/43 -6of Federal law to tWg - Mortpsge. In the event that any provision or clause of this Idortgage or the Note conflicts with applicable law, such conflict Shall not affect other provisions of this hfortgage or the Note which can be given effect without the comftictiof this 11Ia 'ft pr?itli0tl. and to this and the provisions rtgage and the Note are declared t4 be sevemWe. As used !careen, -costs,- -mpWase- and 'attOrnbys' fees include all sums to the eatent not prohibited by applicable law or limited herein. 14. Borrorer's Copy. b0rr wer da be furnished a oonformed copy of the Note and of this Mortgageatthatimeof esecutionoraftarrecordationhereaf. IS. Rehabilitation Low Agreement. Borrower shall fulfill ail of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower caters into with lender. Lender, at Lender's option. may require Borrower to neoute mad deliver to Lender, in a form accep#Wa to Lender, an assignment of any rights, claims or dahKms which Borrower may have against parties who supply labor, materials or services in con> xection with i mprovements made tothe Property. 16. Tranafer of the Property. If Borrower sells or transfers all or any part of the Property or an intanest therein, ezaluding (a) the creasioa of a lies or moumbraa-ce subordinate to this M age, (b) a trandar by devoae, descent, or by operation of law upon the death of a joint tit, grant of guy leasehold interest of throe years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household applisnM (a) a trander to a relative rerAfing from the death of a Borrower, (f) a trader where the spouse or children of the Borrower become an owner of the properly, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental psKgmty sou l went agreement, by which the spouse of the Borrower becomes an owner of ft ,property, (h) a transom into an inter vivoa trust in which the Borrower is and mina a beneficiary and which does not route to a transfer of rights of Occupancy in the property, or (1) mu other tansfer or disposition described in regulations prescribed by the Pederal Home Xom Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the bawlerec am if a new I= were being made to the transferee. Borroww will oontinue to be obligated under the Now and thin Mortgage unless Lender releases Borrower in writing. If Lander does oat agree to such sale or traratter, Lender may declare ail of the sums secured by this Mortgage to be immediately duo and payable. If Lender ema cisee such option to a Werate, Lender shall mail Batrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not Ica *an 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums dedared due. If Borrower fails to pay such mime prior to the cacpriration of such period, Lender may, without further notice or demand on Borrower, invoice any rm nedies permitted by wragraph 17 hereof. NON UNIFORM[ COVENANTS. Borrower and Dander further covenant and agree as follows. 17. Acceleration: Remedies. Except as provided in paragraph 16 hereof. upon Borrrowees breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to poly when due any sumo secured by this Mortgage, Lander prior to acceleration Shall give notice to Borrower as provided in paragraph 12 hereof sperifyixw (1) the breach, (S) the action required to cure such breach: (3) a date, not less than 30 flays from the date the notice is mailed to Borrower, by which such breach must be cured: and (4) that failure to cure such bresoh on or betore the date specified in the notice may result In eeceleratic at of the sums secured by this Mortgage, foreclosure by judicial proceeding, sad sale of the Property. The 71-11-06 MI6 PAW1306 I? XT22W4A07A$4MIT87000PA00ISOWKTMDRMUM OtIGIW1L VIL 35 1 9PG S 7 4 04/08/2009 05:25 8147354239 MJ JAMES PAGE 35/43 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. N the breach is not cured on or before the data specified in the notice, Leader, at Leader's option, may declare all of the sums secured by this Mortgage to be immediately due cad payable without further demand and may foreclose this Mortgage by ftdioial proceeding. Leader 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 Bight to ll ainstata Notwithstanding Lender's acceleration of the sums by this Mo tgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lewder to enforce this Mortgage disoontfnuod at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lander all sumo which would be than due under this Mortgage and the Note had no acceleration amnTed; (b) Borrower cures all breaches of any other covenants or agreements of Harrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Leader 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' fees; and (d) Borrower tek= such action as Lender may reasonably require to assure that the lieu of this Mortplge, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgege shall continue unimpaired. Upon such payment and oure by Borrower, 0& Mortgage and the obligations secured hereby shell remain in fv11 force and effect as if no soeelerntfon had occurred. 19. Assignmset of Rents; Appointment of Receiver. AA additioaal security herounder, Borrower hereby as 4m to Lender the rents of the Property, provided that Borrower shall, prior to aooeferation under paragraph 17 hereof, in abandonment of the Property, have the right to collect and retain such reats as they become due and payable. Upon sooeleration under paragraph 7 hereof or alxmdonment of the Property. Lander shah be entitled to have a receiver appointed by a 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 payment of the costa of tc+aasSoment of the Property and collection of rents, including, but not limited to, receiver's foes, premiums on receiver's bonds *ad reasonable attorneys' fees, and then to the sums moured by this Mortgage. The receiver shall be liable to account only for those yenta actually recelved. 20. Relean. Upon payment of all sums secured by this Mortgage. Lender shall release this Mortgage without charge to Borrower. Borrowee shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower bereby waives all right of homestead cawnption in the Property under state or Fa&%%l law. 22. Interest Rate After Jadgmeat. Borrower agrom the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stilted 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 MT& I ANNINEPA001907 "T29aF4A07A94irf07000PA00130717MTHORO )i6 * OAIOli?Y1L Y113519PG575 04/08/2009 05:25 8147354239 MJ JAMES PAGE 36/43 -$- REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDBR SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of am mortgage, deed of trust or other mwumbranae with a lien which has priority over this Mortgage to give Notice to Lander, at Lendoes address set forth oo ~ one of this Mortgage, of any ddault under the a gwior encumbrance and of any sale or otber foureclomm action, I hereby certify tUt the precise address of the Lender (N 419 VILWE DRIVE STE2 CARISSLE, PA On behalf of the I.-A- B Gw G- 'ower ?? wer r r Title . AMA(:81t. COMMONWEALTH OF ANIA/r County as: Ioe:a aRtt L Vt a Not.q public im and for Said county and state, do hereby Y personally known to me- o[ proven as y to re %; saute persona w one name a suboeribedY the foregoing imstrumeot, appeared before me this day in person, and aclmow t t he aped and delivered the said imstrument as free volunury R f0r 19 Uees and purposes dwein at forth. Given under my band and of(beial seal, this 2ND day of JULY , 2D07 w T 7'0RA Uy Commiselon NUNN Baexpis iYodh ? M Vag Nala U*kMn " M VO 6+?r LT car""reeip"A40mbw, P*w"vania Agawatim of Natamw COMMONWEALTH OF PENNSYLVANIA., County 0: I, a Notary Public in and for said county and state, do hereby t Personally known me ar proven ss y to t same peaoa e wuft- ;I-new aubmibed to the foregoing instrument. appearad before me this day in he -signed Pam and acknow iEr,yor the and delivered the sad insumment as free voluntary tow u4 purposes ther+in set forth. Given under my laud and off3oW sea, this day of 20 My Coramission expires: 11-11-06 Nfm "'r299F4A07A94Yts7aooPA$013080%NTllnla8UR0 K oplaiw?l Notary Public PAW1268 Y1t 35 1 9PG576 184/08/2009 05:25 8147354239 MJ JAMES PAGE 37/43 -9- (SPaae Beiow This Um lteeorted For (.ender and Romrder) I herby aRWY did this &C=d IS wco &d in the Rwor&r'S Ofrwe Of rrmwin G1gery, Peilmy vni8 W 14 RWOWaofDu& 11-11-05 MFG "T2$*4A07A34MT ?OWA00130W*nHonoj t(, r aRIOINAL PA001305 wit 3519PG577 '04/08/2009 05:25 8147354239 MJ JAMES PAGE 38143 EMIBIT A (PAGE 1) ALL THAT CERTAIN PROPERTY SITUATED IN THETOW MIP OF SWT MfrrON IN THE COUNTY OF FRANCL IN AND CMUNIIIEALTH OF PENNSYLVANIA, BEIM MOM FULLY DESCRIBED IN A DEED DATED 05/12/2004 AND RECORDED 05128/2004. AMONG THE LAND RECOF4)s OF THE COUNTY AND STATE SET Fgn AWE, IN DEED VOLUME 2469 AND PAGE 99. TAX MAP OR PARCEL ID NO.: 21-N-10-57 WT29$F4M7AWG?0WA00'l8000WTHOIwKW N ORIGINAL VK 3519PG578 O!?? S?yyr T? r .?1TARY vJr !S F '?Jf! I. ir- 20,,? lli",% Y 19 PH 2. 4 1 X78rd PCL P4 tj eK4? .5191Qb R *? .z Z saw Sheriffs Office of Cumberland County R Thomas Kline ~aU"~~~ cf ~"remr"irp~~~b Edward L Schorpp Sheri Solicitor Ronny RAnderson - ° Jody S Smith Chief Deputy ~F~~cE =` r~~ `"~~~~~ Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/04/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on June , 2009 at 1307 hours this Complaint and Notice upon defendant George M. Thornburg is returned not served per request from attorney Margaret Gairo. 06/04/2009 01:07 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on June , 2009 at 1307 hours this Complaint and Notice upon defendant Carol J. Thornburg is returned not served per request from attorney Margaret Gairo. SHERIFF COST: $53.00 June 04, 2009 SO ANSWERS, _,._. - R THOMAS KLINE, SHERIFF 2009-3192 Beneficial Consumer Discount Co. v George & Carol Thornburg - ~ ''`' ~' ..o ._ ~ t~ -ra m ~ y ~ ~~~ ' _ ;l ^ ~ ~-~ `~~ a t „~ °'G. N "~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD 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 Co. of Pennsylvania 961 Weigel Drive Elmhurst, Illinois 60126 v. George M. Thornburg 9648 Molly Pitcher Highway Shippensburg, Pennsylvania 17257 Carol J. Thornburg 9648 Molly Pitcher Highway Shippensbur~, Pennsvlvania 17257 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 09-3192 Civil T PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter discontinued and ended, without prejudi~Ce, upon payment of your costs only. McCABE„~ISBEIjR~A~ CONWA~, P.C. BY: / _ /~ v Attorneys for Plaintiff - TERRENCE J. McCABE, ESQUI~ MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ~lLEC3-~~r~E~,;~ ZQQ~3 .lU~ ~ I F~ 2~ 3 ~ ~'c#`d~vSti'~V ~`di~