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HomeMy WebLinkAbout09-86050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUHLMAN BROTHERS, INC., Plaintiff V. HARRY I. MORRIS, JR., Defendant No. d 9l g?S 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 any other claim for relief requested by the Plaintiff. You may lose money or property or other right 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. IF YOU DO NOT HAVE A LAWYER CONTACT: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUHLMAN BROTHERS, INC., Plaintiff No. 0 9- 2,0s" c-GUI-( 7-i, v. HARRY I. MORRIS, JR., Defendant COMPLAINT AND NOW comes the Plaintiff, Ruhlman Brothers, Inc., who, by and through its attorneys, Thomas A. Beckley, Esquire, Thomas S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Complaint against Harry I. Morris, Jr., and, in support thereof, avers as follows: 1. Plaintiff is Ruhlman Brothers, Inc., a corporation organized and existing under the laws of the State of Maryland, with a business address of 65 Musselman Road, Hanover, Pennsylvania 17331. 2. Defendant is Harry I. Morris, Jr. ("Defendant"), an adult individual with a business address of 3607 Hartzdale Drive, Camp Hill, Pennsylvania 17011, and a residence at 590 Lucinda Lane, Mechanicsburg, Pennsylvania 17055. 3. Defendant is the owner of the real property located at 4830 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 ("the Property"). A true and correct copy of the deed to the Property is attached hereto as Exhibit A. 4. On June 10, 2009, Defendant gave a mortgage on the Property to Ruhlman Brothers securing a debt of $75,000.00 ("the Mortgage"). A true and correct copy of the Mortgage is attached hereto as Exhibit B. The Mortgage relates to materials and services Ruhlman Brothers provided to Defendant, and Ruhlman Brothers' agreement to forego the filing of a mechanic's lien claim for its materials and services. 5. The Mortgage was recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, on June 17, 2009, at Instrument Number 200920570. 6. Pursuant to the terms of the Mortgage, Defendant was to pay the full debt to Ruhlman Brothers on or before June 30, 2009. The Mortgage gave the Defendant the right to an additional sixty (60) days to make the payment (or until August 29, 2009). 7. Pursuant to the terms of the mortgage, Defendant requested (and received) an additional sixty (60) days to make the payment required under the Mortgage. 8. Payment was due to Ruhlman Brothers on or before August 29, 2009 (sixty days from June 30, 2009). 9. To date, Defendant has failed and refused to make any payment to Ruhlman Brothers. 2 10. Paragraph 19 of the Mortgage entitles Ruhlman Brothers to recover its attorneys' fees in the event of a default. 11. Ruhlman Brothers is entitled to the following amounts: Amount of Mortgage: $75,000.00 Attorneys Fees - to be determined Interest from 8/30/09 at the legal rate - to be determined Costs of suit - to be determined. 12. Ruhlman Brothers has satisfied all conditions precedent to payment, and has otherwise performed all conditions on its part to be performed. 13. The amount demanded exceeds the amount required for arbitration. 14. Ruhlman caused a Notice of Foreclosure to be mailed to the Defendant by certified mail on October 23, 2009, and again on November 10, 2009, pursuant to 41 P.S. § 403. True and correct copies of the Notices of Foreclosure are attached hereto as Exhibit C. 15. Despite repeated demands, Defendant has not cured the default. WHEREFORE, Plaintiff, Ruhlman Brothers, Inc., respectfully requests the Court to enter judgment of mortgage foreclosure against the mortgaged property in the principal amount of $75,000.00, plus attorneys' fees, interest, costs of suit, and such other and further relief as the Court deems appropriate. 3 DATED: December 11, 2009 Of Counsel BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 Respectfully submitted, Thomas A. Beckley, E quire Thomas S. Beckley, Esquire Attorneys for Plaintiff, Ruhlman Brothers, Inc. 4 ULL-i 1-LUU71,1 1%1 f UV• l.J MUIIL19Y1P1 UISVJ. Aryl. k(MM1J I I I OJI 0007 r. UU3f UU3 VFRMCATION I, Troy Ruhlman, hereby verify that I am an adult individual, that I am authorized to make this statement on behalf ofRuhlman Brothm, Inc., that I have read the foregoing document, and that the facts set forth in the foregoing document are true to the best of my knowledge, or information and belief. I understand that false statem" herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Ruhlman Brothers, inc. By..-? T Uhlman 5 (,.z k, k I P A ?.?,' ,,, 001665 SPEQJAL WA NTY DEED IL THIS INDENTURE, made on this I O day of November, 2008, by and between Midfirst Bank, a Federally Chartered Savings Association, with an address of 999 NW Grand Boulevard, Suite 100, Oklahoma City, OK 73118, the "Grantor" herein - AND - Harry T. Morris, Jr., a single man, the "Grantee" herein WITNESSETH, that the Grantors, for and in consideration of the sum of One Hundred Fifteen Thousand and 00/100 Dollars (S115,000.00), lawful money of the United States of America, unto the Grantors well and truly paid and delivered by the Grantees at and before the seating and delivery of these presents, the receipt whereof the Grantors does hereby acknowledge, has granted, bargained, sold, released and confirmed, and by these presents does grant, bargain, sell, alien, enfeoft release, convey and confirm unto the Grantees, the heirs and assigns of the Grantees. ALL THAT CERTAIN piece of land situate in the Township of Hampden. County of Cumberland and State of Pennsylvania, more particularly bounded and dcscn'bed. in accordance with a survey of William E. Whittock, Registered Professional Engineer, dated January 13, 1996. BEGINNING at a point on the Southerly line of Brian Road, whick, point is 85 feet East of Charles Road; thence along the Southerly line of Brian Road, South 85' 30' East, 56.64 feet to a point; thence continuing along Brian Road, South 83' 23' East, 8.36 feet to the line dividing Lots Nos. 47 and 48 on the hereinafter mentioned Plan of lots; thence along the same South 4' 30' West, 146.39 feet to the Northerly line of Lot No. 18; thence along the same, South 87' 32' 11" West, 30.23 feet to a point; thence North 25' 50' 5" West, 69.46 feet to a point; thence North 4' 30' East, 90.41 feet to the point of BEGINNING. BEING Lot No. 48, Block D, on Plan No. 3 of Del-Brook Manor, said Plan recorded in the Cumberland County Recorder's Office in Plan Book 8, Page 11. HAVING thereon erected a dwelling known as 4830 Brian Road, Mechanicsburg, Pennsylvania, 17050. BEING the same premises which R. Thomas Kline, Sheriff of the County of Cumberland, in the State of Pennsylvania, by Deed dated July 8, 2008 and Recorded July 10, 2008 in the Cumberland County, Pennsylvania Recorder of Deeds Office in Instrument No. 200823518, granted and conveyed unto Midfirst Bank, Grantor herein. UNDER AND SUBJECT to Acts of Assembly, county and municipal ordinances, rights of public utility and public service companies, existing restrictions and easements, visible or of record, to the extent that any persons or entitimes have acquired legal rights thereto. TO HAVE AND TO HOLD the said )and and real estate, and the hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the Grantee, the heirs and assigns of the Grantee, to and for the only proper use and behoof of the Grantee the heirs and assigns of the Grantee, forever, under and subject, nevertheless, as aforesaid, AND the Grantor, for the Grantor and the heirs, executors and administrators of the Grantor, by these presents, does covenant, promise and agree to and with the Grantee, the heirs and assigns of the Grantee, that the Grantor and the heirs of the Grantor, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the Grantee and the heirs and assigns of the Grantee, against the Grantor and the heirs of the Grantor, and against all and every person and persons whomsocver lawfully claiming or to claim the same or any part thereof. by, from or under it, him, her, them, or any of them, shall and will, under and subject as aforesaid, specially warrant and forever defend. IN WITNESS WHEREOF, the said Grantor, intending to be legally bound hereby, has caused this Indenture to be duly executed on this day, month and year first above written. A . Donna Morris, A st. Secre 4ry '?r STATE OF OKLAHOMA COUNTY OF ' SS' OKLAHOMA _ 41 On this 10 day of before me, the undersigned officer, a Notary Public in and for the said State and County, personally appeared Pat Anglin Vice President of Midfirst Bank, known, to me (or satisfactorily proven) to be the person whose name is subscribed to the within Indenture, and who acknowledged that he executed the same for the purposes therein contained. IN WrI'NESS WHEREOF, I have hereunto set my hand and official seal on this day, month and year first above written. CAROLYN S. MCNAMAR) E" Notar? ublic Bras. ? Notary Public ? State of Oklahoma Caroly ' S. McNamara ,Commission # 03001408 Expires 01124111, My Commission Expires: 1 /24/ 11 -------------- I hereby certify that the precise residence or address of the Grantees r Attomey the Grantee :113922 7 6 J J Cf ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200838101 Recorded On 11/25/2008 At 12:20:33 PM *Instrument Type -DEED Invoice Number - 32908 User ID - MSW * Grantor- MIDFIRST BANK * Grantee - MORRIS, HARRY I JR * Customer - SHUMAKER WILLIAMS * FEES STATE TRANSFER TAX $1,150.00 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY $575.00 SCHOOL DISTRICT HAMPDEN TOWNSHIP $575.00 TOTAL PAID $2,348.50 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O /I)PEDS trao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IIIIII0 1 IVY?q ????;? ? ?,, MORTGAGE oooKC5 THIS MORTGAGE ("Security Instrument") is given on June 10 2009. The mortgagor is Harry I. Morris, Jr. ("Borrower"). This Security Instrument is given to Ruhlman Brothers, Inc. ("Lender") in order to induce them and for their agreement to forego the filing of a mechanics lien against t?l e property known as Bumble Bee Hollow Development. Borrower owes Lender the principal sum of ?Z 02 Dollars (U.S. $ 40) ado however, this mortgage shall secure the amount of Seventy Five Thousand Dollars ($75,000.00). This debt is a result of materials delivered by Lender to Borrower for the aforesaid Bumble Bee Hollow Development (hereinafter "credit agreement "). The full debt shall be paid by June 30, 2009 with the right of the Borrower to extend said date an additional sixty (60) days. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the credit agreement, all renewals, extensions and modifications; (b) the payment of all other sums, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Cumberland County, Pennsylvania, more particularly described on Exhibit "A" attached hereto, which has the address of 4830 Brian Road, Mechanicsburg, PA 17050. 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 of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument 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 warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Credit agreement. 2. Funds for Taxes and Insurance. Borrower shall not pay to Lender yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly mortgage insurance premiums, if any. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to late charges due under the credit agreement, to amounts payable under paragraph 2; to interest due; and last, to principal due. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 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 any other hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs l and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the 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, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the credit agreement rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for 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 successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time 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. 11. 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 of paragraph 17. Borrower's covenants and agreements shall be joint and 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 Security 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 Credit agreementwithout that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Credit agreement or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the credit agreement. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of thecCr edit agreement or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 14. 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 other 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. 15. 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 credit agreement conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the credit agreement which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the credit agreement are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the credit agreement and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of. (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Credit agreement had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured-by this Security Instrument without further demand and 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 19, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment 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 Security Instrument. 21. Release. Upon payment of all sums secured by this security Instrument, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 22. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: OR 4(Seal) Harry I. Morris, Jr. COMMONWEALTH OF PENNSYLVANIA, ss: COUNTY G't On this, the W day of June, 2009, before me, the undersigned officer, personally appeared Harry I Morris, Jr. known to me (or satisfactorily proven) to be the person whose name is subscribe to the in instrument and acknowledged that they executed the same for the purpose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMM WEA OF PENNSYLVANIA Title of Officer Notarial Seal AnlltortyJ. Fosctti, Notary Public My Commission expires: Lower Allen Twp., Ctunberiand Cour>tY My Carxnission Expires Aug. 11, 2009 Member, Pennsylvania Association of Notaries ALL THAT CERTAIN piece of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with a survey of William E. Whittock, Registered Professional Engineer, dated January 13, 1996. BEGINNING at a point on the Southerly line of Brian Road, which point is 85 feet East of Charles Road; thence along the Southerly line of Brian Road, South 85° 30' East, 56.64 feet to a point; thence continuing along Brian Road, South 83° 23' East, 8.36 feet to the line dividing Lots Nos. 47 and 48 on the hereinafter mentioned Plan of Lots; thence along the same South 4° 30' West, 146.39 feet to the Northerly line of Lot No. 18; thence along the same, South 87° 32' 11" West, 30.23 feet to a point; thence North 25° 50' 5" West, 69.46 feet to a point; thence North 4° 30' East, 90.41 feet to the point of BEGINNING. BEING Lot No. 48, Block D, on Plan No. 3 of Del-Brook Manor, said Plan recorded in the Cumberland County Recorder's Office in Plan Book 8, Page 11. HAVING thereon erected a dwelling known as 4830 Brian Road, Mechanicsburg, Pennsylvania, 17050. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200920570 Recorded On 6/17/2009 At 2:45:00 PM * Instrument Type - MORTGAGE Invoice Number - 46242 User ID - JM * Mortgagor - MORRIS, HARRY I JR * Mortgagee - RUHLMAN BROTHERS II4C * Customer - BECKLEY & MADDEN * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $15.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $52.50 * Total Pages - 7 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA 4 f ME ° RECORDER O D trao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. YI OOOKC5 Fx ?,ti.+ U`,b ruw BECIcL.EY& MADDEN ATTORNEYS AT LAW CRANBERRY COURT 212 NORTH T UP-D STREET POST OFFICE BOX 11998 HARmSBIMG. PENNSYLVANIA 17108-1998 PHONE: (717) 833-7891 FAX: (717) 833-3740 E-MAxr- beckkopamet October 26, 2009 Via Certified Mail Return Receipt Requested and First Class Mail Mr. Harry I. Morris, Jr. Mr. Harry I. Morris, Jr. 3607 Hartzdale Drive 4830 Brian Road Camp Hill, PA 17011 Mechanicsburg, PA 17050 RE: Mortgage on Property Located at 4830 Brian Road, Mechanicsburg, PA 17050 Dear Mr. Morris: FiT.F. NO. 50980 The mortgage held by Ruhlman Brothers, Inc. ("Ruhlman") on your property, located at 4830 Brian Road, Mechanicsburg, PA 17050, IS IN SERIOUS DEFAULT because you have not made the payment of $75,000.00 by August 29, 2009. The total amount now required to cure this default as of the date of this letter is $75,000.00. You may cure this default within thirty (30) days of the date of this letter, by paying to Ruhlman the amount of $75,000.00, plus any additional interest which may accrue during the period. Such payment must be made either by cash, cashier's check, certified check, or money order, and made at 212 North Third Street, Third Floor, Harrisburg, PA 17101. If full payment of the amount of default ($75,000.00) is not made within thirty (30) days, we also intend to commence a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to pay off the mortgage debt. Any attorneys' fees will be added to whatever you owe Ruhlman. If you have not cured the default within the 30-day period, and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid balance plus any late or other charges then due, as well as the reasonable attorneys' fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. A notice of the date of the sheriff's sale will be sent to you before the sale. Mr. Harry I. Morris, Jr. BECKLEY& MADDEN October 26, 2009 Page 2 of 2 pages Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 233-7691. This payment must be in cash, cashier's check; certified check, or money order, made payable to Ruhlman Brothers, Inc., and sent to the address stated above. You should realize that a sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM A LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEYS' FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE; AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED.) CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. Very truly yours, BECKLEY & MADDEN Thomas S. Beckley Cc: Ruhlman Brothers, Inc. Anthony J. Foschi, Esquire BECKr=& MADDEN ATTORNEYS AT LAW CRANBERRY COURT 212 NORTH T MID STREET POST OF9MCRBO%11898 HARwsBURG, PENNsyir vANIA 17108-1998 PHONE: (717) 833-7691 FAM (717) 233-3740 E-MAIL: beckkey@p&net FII,E NO. 50980 November 10, 2009 Mr. Harry I. Morris, Jr. VIA CERTIFIED AND REGULAR MAIL 590 Lucinda Lane Mechanicsburg, PA 17055 RE: Mortgage - Ruhlman Brothers, Inc. Dear Mr. Morris: We recently learned that you have a new address. Enclosed you will find an additional copy of a letter regarding the above-referenced mortgage which you should have already received. Very truly yours, BECKLEY & MADDEN Thomas S. Beckley Cc: Ruhlman Brothers, Inc. Anthony Foschi, Esquire BF,cmxY& MADDEN ATToRNEYs AT LAW CRANBERRY COURT 212 NORTH T nEw STREET POST OFFICE 3M 11998 HARRISBURG, PENNSYLVANIA 17108-1998 PHONE: (717) 233-7691 FAX: (717) 833-3740 E-MAIL: beddey@pa.net October 26, 2009 Via Certified Mail Return Receipt Requested and First Class Mail Mr. Harry I. Morris, Jr. 3607 Hartzdale Drive Camp Hill, PA 17011 RE: Mortgage on Property Located at 4830 Brian Road, Mechanicsburg, PA 17050 Dear Mr. Morris: Mr. Harry I. Morris, Jr. 4830 Brian Road Mechanicsburg, PA 17050 FILE NO. 50980 The mortgage held by Ruhlman Brothers, Inc. ("Ruhlman") on your property, located at 4830 Brian Road, Mechanicsburg, PA 17050, IS IN SERIOUS DEFAULT because you have not made the payment of $75,000.00 by August 29, 2009. The total amount now required to cure this default as of the date of this letter is $75,000.00. You may cure this default within thirty (30) days of the date of this letter, by paying to Ruhlman the amount of $75,000.00, plus any additional interest which may accrue during the period. Such payment must be made either by cash, cashier's check, certified check, or money order, and made at 212 North Third Street, Third Floor, Harrisburg, PA 17101. If full payment of the amount of default ($75,000.00) is not made within thirty (30) days, we also intend to commence a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to pay off the mortgage debt. Any attorneys' fees will be added to whatever you owe Ruhlman. If you have not cured the default within the 30-day period, and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid balance plus any late or other charges then due, as well as the reasonable attorneys' fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. A notice of the date of the sheriff's sale will be sent to you before the sale. KI.EY& MADDEN Mr. Harry I. Morris, Jr. BE C October 26, 2009 Page 2 of 2 pages Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 233-7691. This payment must be in cash, cashier's check; certified check, or money order, made payable to Ruhlman Brothers, Inc., and sent to the address stated above. You should realize that a sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM A LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEYS' FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE; AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED.) CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. Very truly yours, BECKLEY & MADDEN Thomas S. Beckley Cc: Ruhlman Brothers, Inc. Anthony J. Foschi, Esquire e<e-' P MORTGAGE THIS MORTGAGE ("Security Instrument") is given on June 10 2009. The mortgagor is Harry I. Morris, Jr. ("Borrower"). This Security Instrument is given to Ruhlman Brothers, Inc. ("Lender") in order to induce them and for their agreement to forego the filing of a mechanic lien against tl e property known as Bumble Bee Hollow Development. Borrower owes Lender the principal sum of- 02 ?Dollars (U.S. $ Al clf4. however, this mortgage shall secure the amount of Seventy Five Thousand Dollars ($75,000.00). This debt is a result of materials delivered by Lender to Borrower for the aforesaid Bumble Bee Hollow Development (hereinafter "credit agreement "). The full debt shall be paid by June 30, 2009 with the right of the Borrower to extend said date an additional sixty (60) days. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the credit agreement, all renewals, extensions and modifications; (b) the payment of all other sums, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Cumberland County, Pennsylvania, more particularly described on Exhibit "A" attached hereto, which has the address of 4830 Brian Road, Mechanicsburg, PA 17050. 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 of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument 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 warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Credit agreement. 2. Funds for Taxes and Insurance. Borrower shall not pay to Lender yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly mortgage insurance premiums, if any. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to late charges due under the credit agreement, to amounts payable under paragraph 2; to interest due; and last, to principal due. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 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 any other hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with. any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the 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, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the credit agreement rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless :Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured b:y this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for 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 successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time 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. 11. 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 of paragraph 17. Borrower's covenants and agreements shall be joint and 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 Security 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 Credit agreementwithout that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Credit agreement or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the credit agreement. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of thecCr edit agreement or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 14. 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 other 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. 15. 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 credit agreement conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the credit agreement which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the credit agreement are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the credit agreement and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferr ed (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Credit agreement had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured-by this Security Instrument without further demand and 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 19, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment 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 Security Instrument. 21. Release. Upon payment of all sums secured by this security Instrument, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 22. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: (Seal) Harry I. Morris, Jr. / Al?: COMMONWEALTH OF PENNSYLVANIA, COUNTY 0+ U t ?6 ss: On this, the W day of June, 2009, before me, the undersigned officer, personally appeared Harry I Morris, Jr. known to me (or satisfactorily proven) to be the person whose name is subscribe to the yiff in instrument and acknowledged that they executed the same for the purpose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMO WEA OF PENNSYLVANIA Notarial Seal Anirt M J. Foschi, Notary Public l?owerAYen Twp., Curnbefland County My Cammisslat F?#ms Aug. 11, 2009 Member, Pennsylvania Association of Notaries Title of Officer My Commission expires: ALL THAT CERTAIN piece of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with a survey of William E. Whittock, Registered Professional Engineer, dated January 13, 1996. BEGINNING at a point on the Southerly line of Brian Road, which point is 85 feet East of Charles Road; thence along the Southerly line of Brian Road, South 85° 30' East, 56.64 feet to a point; thence continuing along Brian Road, South 83° 23' East, 8.36 feet to the line dividing Lots Nos. 47 and 48 on the hereinafter mentioned Plan of Lots; thence along the same South V 30' West, 146.39 feet to the Northerly line of Lot No. 18; thence along the same, South 87° 32' 11" West, 30.23 feet to a point; thence North 25° 50' S" West, 69.46 feet to a point; thence North 4° 30' East, 90.41 feet to the point of BEGINNING. BEING Lot No. 48, Block D, on Plan No. 3 of Del-Brook Manor, said Plan recorded in the Cumberland County Recorder's Office in Plan Book 8, Page 11. HAVING thereon erected a dwelling known as 4830 Brian Road, Mechanicsburg, Pennsylvania, 17050. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200920570 Recorded On 6/17/2009 At 2:45:00 PM * Instrument Type - MORTGAGE Invoice Number - 46242 User ID - JM * Mortgagor - MORRIS, HARRY I JR * Mortgagee - RUHLMAN BROTHERS INC * Customer - BECKLEY & MADDEN * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $15.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $52.50 I Certify this to be recorded in Cumberland County PA cf cuw o / RECORDER O D DS ryao * Total Pages - 7 Certification Page DO NOT DETACH This page is now part of this legal document. * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. nuuim010K?i1 ?Aiuu _ M E M LEO 14 PH 1: 38 C i,, irY svo SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff I`? ? ED OF" M i Ronny R Anderson Chief Deputy Jody S Smith 2011 JAN _6 AN &` Civil Process Sergeant P C6 "ERIFr _ Edward L Schorpp Solicitor Ruhlman Brothers, Inc. vs. Harry 1. Morris, Jr, Case Number 2009-8605 SHERIFF'S RETURN OF SERVICE 12/22/2009 06:10 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 22, 2009 at 1810 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Harry 1. Morris Jr., by making known unto himself personally, at Husband of defendant at 590 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. 12/23/2009 05:10 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 23, 2009 at 1710 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Roberta Kline, by making known unto herself personally, at 4830 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $75.94 December 28, 2009 SO A S S, R THOMAS KLINE, SHERIFF ty Sheriff By De AyShiE?Ki !C' CountySuite Sheriff, Telacsoft, Inc, t.; RUHLMAN BROTHERS, INC, Plaintiff V. HARRY I. MORRIS, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 09-8605 Civil Civil Action -Law n N IT' .G ? PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Anthony J. Foschi, Esquire, and the law firm of Shumaker Williams, P.C., as counsel for Defendant, Harry I. Morris, Jr., in the aboveaptioned matter. SHUMAKER 3WUTAMS. P.C. Dated: January 13, 2010 By Anmony J. roscm, t?squire, 1.0. #FJ52SyS P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorney for Defendant 227814 CERTIFICATE OF SERVICE I, Anthony J. Foschi, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Praecipe for Entry of Appearance by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: Thomas Beckley, Esquire Attorneys for Plaintiff, Ruhlman Brothers, Inc. Beckley & Madden Cranberry Court 212 North Third Street Harrisburg, PA. 17108 Dated: January 13, 2010 By Anthony J. Foschi, Esquire P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUHLMAN BROTHERS, INC., No. 09-8605 Plaintiff . ~ N o ~ i . "C7 ('X ~, ' ~ .~ " ~ fT7 F ~ ( 31 HARRY I. MORRIS, JR., ; ~:, s- E ..r~~ Defendant ~ ~_~ ~ ~. ~.,' r'. a} _~~ ^l rte) ~~::~ jam; ~ ~ .""~ ~7 f PRAECIPE TO WITHDRAW ~ p ' c ; TO THE PROTHONOTARY: Please withdraw the Complaint in the above-captioned action without prejudice. DATED: June 8, 2010 Of Counsel BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717)233-7691 Respectfully submitted, T omas A. Beckley; sq ire Thomas S. Beckley, Esquire Attorneys for Plaintiff, Ruhlman Brothers, Inc. CERTIFICATE OF SERVICE I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct copy of the foregoing document was served upon the person and in the manner indicated below: SERVICE BY FIRST CLASS MAIL Anthony J. Foschi, Esquire Shumaker Williams, P.C. P.O. BOX 88 Harrisburg, PA. 17108 DATED: June 8, 2010 ~7- ~-~ Thomas S. Beckley, Esquire