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Home My WebLink About09-8831MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania 636 Grand Regency Boulevard Brandon, FL 33510, Plaintiff, Vs. Tracie R. Martin 11 Chelsea Lane Carlisle, PA 17015, and Thomas P. Martin 11 Chelsea Lane Carlisle, PA 17015, n You a hereby notified to fi a ritten repponse tie enclosed within twenty (20) days from the service hereof or a judgment may be entered against you, Attorney for Plaintiff Attorney for Plaintiff File: 22.11443 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION MORTGAGE FORECLOSURE r"- t' -\ Defendants 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This- is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 - 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania 636 Grand Regency Boulevard Brandon, FL 33510, Plaintiff, Vs. Tracie R. Martin 11 Chelsea Lane Carlisle, PA 17015, and Thomas P. Martin 11 Chelsea Lane Carlisle, PA 17015, Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. - r v- f e!?- CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 636 Grand Regency Boulevard, Brandon, FL 33510. 2. Defendants, Tracie R. Martin and Thomas P. Martin, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Tracie R. Martin, Defendant, resides at 11 Chelsea Lane, Carlisle, PA 17015. Thomas P. Martin, Defendant, resides at 11 Chelsea Lane, Carlisle, PA 17015. 4. On April 29, 2008, in consideration of a loan in the principal amount of $390,684.76, the Defendants executed and delivered to Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania a note (the "Note") with interest thereon at 11.070 percent per annum, payable as to the principal and interest in equal monthly installments of $3,848.94 commencing June 5, 2008. 5. To secure the obligations under the Note, the Defendants executed and delivered to Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania a mortgage (the "Mortgage") dated April 29, 2008, recorded on May 1, 2008 in the Department of Records in and for the County of Cumberland under Mortgage Instrument Number 200814232. See Mortgage attached. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 11 Chelsea Lane, Carlisle, PA 17015. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due July 5, 2009, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal ...................... Accrued but Unpaid Interest from 6/5/09 to 12/23/09 @ 11.070% per annum ($117.16 per diem) ........................ Accrued Late Charges ................... ........$386,308.55 ..........$23,666.32 ............$1,154.64 Corporate Advance .........................................$137.50 Escrow Advance ..........................................$1,032.86 Title Search Fees ............................................$350.00 Unapplied Funds ............................................... -$7.20 Deferred Late Charges .................................$7,175.62 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 12/23/2009 ........................$421,068.29 Plus, the following amounts accrued after December 23, 2009: Interest at the Rate of 11.070 per cent per annum ($117.16 per diem); Late Charges per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.SA 680.401 (c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 11 Chelsea Lane, Carlisle, PA 17015 as well as to address of residences as listed in paragraph 3 of this document on November 17, 2009, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $421,068.29, plus the following amounts accruing after December 23, 2009, to the date of judgment: (a) interest of $117.16 per day, (b) late charges per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & ASSOCIATES, LLC Mary L. Harbert-Bell, Esquire Attorney for Plaintiff VERIFICATION I, Mary L. Harbert-Bell, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. ' 4904, relating to unsworn falsification to authorities. Name: Mary L. Harbert-Bell, Esquire Title: Attorney Dec-18-2009 04:43Pm From- EXHIBIT A EXHIBIT A (PQ 1l T-615 P-016/023 F-648 ALL THAT CERTAIN PROPERTY SITUATED IN-THETOWMHIP OF DICKINSON IN THE COUNTY OF CUMBERLAND-AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DFSCRrBED 'IN A DEED-DATED 07/2712006 AND RECORDED 07/2812008, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 275 AND PARE 4355, TAX MAP OR PARCtL 10-NO.: 08-12-0334-110 .•..rA.l"rrr F!n 1•,ril .'* All . . row r, a+lil '_ ,.6N4 • „rrar.r., - -, n11.i11 _=IN??I?ul(?INfI1?II??M?i1?W - ??111I?II?iQf?l??llllNhlUN? ^.W7480$$IEA97WOB000PA00130DOXI 1ARTIN k ORIGINAL 12/1812009 2:23:16 PM CUMBERLAND COUNTY ill rr, r rn I,r r i? •rs .il.lxw i ..1 nl• ,I..iil.l,rV • r nmlT? - -'- rWOO *11 im t rM ?a.nl ••hr?1, • - n • ?n ,rp?ll y„y n rr#tl .. rr,lrllmlll? ^•rrj•In,{ •1'1+F rl ? . ,- ••r•iI i ,. rrt• . •r- li.,l • 1.'t.i,li ?•M?W? 1 Dec-16-2009 04:36pm From- r1 This instrument was prepared by; Beneficial 4 V V11109 02 CaTlisle, 15 (Address) Return To: Records Processing Services 577 Lamont Road Elmhurst,iL 60126 (800) 547-8776 UPI # 2L/ 711715 1V[1?RTG A GE ? IF BOX IS CHECKER, THIS MORTGAGE IS AN OPEN-EIND MOR G GTE AND SECURES FUTUREADVANCES. TMS MORTGAGE is made this day 29TH of APR I L 2008. between the Mortgagor,THOMAS P. MARTIN AND TRACIE R. MARTIN, H/W - -- herein "Borrower" and ortgagee BENEFICIAL CONSUMER D I SCOUNT U 111PANY D/B/A BENEFICIAL MORTWE CO OF PENNSYLVANIA a corporation organized and ex-isting under the laws of PENNSYLVAN I A whose address is 419 VILLAGE- DRIVE, SUITE 2, CARLISLE, PA 1:7013 grin ' ,ender" ? The following paragraph preceded by a checked box is applicable:. X WHERE--Q, Borrower is indebted zo Lender in the principal sum of 5 2SQ, 684 76 evidenced by Borrower's Loan Repayment and Security Agreement or Socondary Mortgage Loan Agrecmem dated AR I P L 29, 2008 and any extensions or ret>,ewals thereof (herein "Note"), providing for monthly installments of principal and interest, including any adjustments to the amount of payments or the contract raze if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on APR I L 29. 2023 ? WHEREAS, Borrower is indebted to Lender in the principal Burn of 1: or so much thereof as may be advanced pursuant to Borrower's Revolving oan Agreement dated and extensions and renewals thereof (herein "Note"), providing for monthly insriallments 'and intcrcst at the rate and udder the terms specified in the Note, including any adjustments in Lhe interest rate if that rate is variable, and providing for a credit limit stated in the principal Sum alxave and an initial advance of $ TO SECURE to Lender the repayment of (1) the indebtedness evicenced by the Note, with interest thereon, including any increases if the contract rate is variablu; (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, -advanced in accordance herewith to protect the security of this Morcgogu; and (4) the performance of the covenants and agreements or Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following dcscribcd property located in the County of CUME3ERLANA COUNTY Commonwealth of Pennsylvania: SEE EXHIBIT 7t.--LEGAL DESCRIPTION 11111 II 111110 IN IN 111111111111111111111111111111111111 llll ?lp? ?i ll1 IN 111111111111111111111 km74809615A97MTOODOOPA0013010RY,MARTIN M ORIGINAL 11-11-05 MTG PAU01301 12118/2009 2:23;18 PM CUMBERLAND COUNTY T-615 P.007/023 F-646 .. ,4, inst.# 200814232 - •Dec-18-2009 04:39pm From- T-615 P-008/023 F-048 -2' TOGETHM With all the irnprovemtnts now or hereafter erected on the property, and all casements, rights, appurtenances and rents, all of which shall be deemed to ba and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property {or The leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property," Borrower covenants that Borrower is lawfully seised of the estate hcreby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencumbered, except for encumbrances of record- Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and damands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Priacipal, Interest, Escrow Items. Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest (including any variations in interest resulting from changes in the Contract Rate that may be specified in the Note) on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note, Borrower shall also pay funds for Escrow Items pursuant to Section 3. payments due under the Note and this Security Instrument ,hall be made in U.S_ currency. However, if any check or other instrument reccived by Lendcr as payment under the Note or this Security Tnstrument is returned to Lender unpaid, Lend..r may require,that any or all subsequent payments due under thoNote and this Security instrument be made in one or-more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, -bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Fund. Transfer. Payments are deemed received by Lender when received at the location designated in tha Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 12. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficiem. to bring the Loan current, without waiver of any rights hereunder or prejud.ce to its rights to refuse such payment or partial payments in the future, but bender is not obligated t.a apply such payments at tltc time such payments are accepted. If each Periodic Payment is applied As of its scheduled due date, then Lender need not nay interest on unapplied funds. Lender may hold such unapplicd funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Nate immediately priur to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Mote and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds, Fmcept as otherwise describ;d in this Section 2 or as m;ay be required by the Note andior applicable law, all paymurtts accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the ordar in which it became due. Any remaining amounts shall be applied first io late charges, second to any other amounts due under this Security Instrument, and then to reduce tht: principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment-which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment - 11-11-05 MTG PADOM2 - _ ? !lI?IIIIINII?IIII(IIIIIIII?I(????????f1191??1?IAI?Ifll?l?f?l??Ill?li???l??l?lllli?lll? kM7480961EA97MTG800aPA0019o2o* riN ORIGINAL .t,., 1211812009 2:23:16 PM CUMBERLAND COUNTY ;nor A Mnm14232 'Dec-16-2009 04:40pm From- T-615 P-009/023 F-646 and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each >7aymernt ran hr paid in f,.,11. Tn the exTent that nay omom w6aw after the, pay.v,ont is applic,l L. il,c lull payment of one or mars Periodic Payments, such excess may be applied to any late chargers due. Volunatary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to prirteipal due under the Note shall not exicnd or postpone the duo date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender an the day Peridic Payments are due under the Notc, until the Noce is paid in full, a sum (the "Funds") to provide for payment of amounts duc For: (a) taxes and assessments and other items which can attain pr,ority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for qtly and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any. These items are called "F=row Items." At origination or at any time during the term of the Loan, Lender may require that Community Association -Dues, Ftcs, and Assessments, if any, be escrowed by Borrower, and such dues, fcxs and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's nhl;garinn rr1 flay Thr Fimrls Fnr ,ny or all Es--row Items. Lender may waive Borrow*er'c ublitai,ion to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to bender receipts r..viclancing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant one agreement" is used in Section 7. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Ixndnr may exercise its righrs under Section 7 and pay such amount and Borrower shall then be obligated under Section 7 to repay u; Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 12 and, upon such revocation, Borrower shall pay to Under all Funds, and in such amounts, that are tlteti required under this Section 3. Lender may, at any time, collect and hold Funds in an amotlnt (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed _ha marimum amount a lender can require: under the Real Estate Sattlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C,FR. Part 35000, as they might be amended from time io time, or any additional or succegmor legislation or regulation that governs rite same subject matter. As used in this security instrument, "17MPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the loan does not qualify as a "federally related morteaee loan" under RESPA. I.endet' shall r-stinlAte. the Arnnunt. of Funds duo nn'thp hASiS of current data and reasonable estimates of expenditures of furure: Escrow Items or oiherwise in accordance with Applicable Law. The Funds shall be head in 'an institution whose deposits are insurt:d by a federal agency, instrumentality, or entity (i'includir%1'ender, if Lender is an institution whose: deposits art'so insured) 11-11-05 MTG PA001303 IN IIIN 111111111111111Blom Iof11111111Ioi11?II?1?N1111111111111111111 N7480961EA97MTO00o0PA001303OXXMARTIi4 X 0R)cIN4L ?e 12/1812009 2.23,16 PM CUMBERLAND COUNTY inst.u 200814232 Dec-18-2009 04:40pm From- T-615 P•010/023 F-648 " tv •"MIMIIItM . u..I.uilrt6i ?M•IB11IMI 1 •M"11111,7 • in•ul+tU r ea::t?•yr rli iTr!l.I,q, -4- or in any Federal Home Loan Bank, Lender shall apply the Funds to pay the Escrow Iteme no later than the time specified undift-RESPA. Lender shall not charge Borrower for holding and applying the F _..;a.? unds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays $arrowcr interm-rt on thr Fntrris and a licible law i L d F "?• F perm ts olA cr to make s?tl,. a 61,u6e. Unlw!i air agreement is made in writing or Applicable Latin requires interest to be paid on the Funds, Gender shall .' not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender cau agree in writing, however, that interest shall be paid on the Funds, Lender shall give to Borrower , without charge, an annual accounting of the Funds as required by MP A, - I Ir tlicre is a surplus of funds held in escrow, as defined under RF..SPA. Lender shall account to Borrower for the excess funds in accordance with RFSPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower . '4411; shall pay to Lender tht amount necessary to make up thesbortago in accordannce with RESP:k but in rw I' , more than 12 rriontlil ? y payments, if there is a deficiency of Puns held in escrow as definul undo-I• • RESPA, Lender shall notify Borrower as re uir d b RESP B • •• •?. r?' q e y A, and orrower tihall pay to I enrVr rl,r amount necessary to make up the deficiency in accordance: with RESPA, but in no more. than 12 hl mont y payments. uI Upon payment in full of all sums secured by this Security Instrument, Lt:nder shall promptly . •• ?,"tltl• ' refund to Borrower any Funds held by Lender- 4. Prior Mortgages and Decd of 'T'rust; Charges; Liens. Borrower shall perform all of " '•"d""" Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which ,nr: d, w has priority over this -Mortgago, including Borrower's covenants to make payments when due, Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. ;• 5. Hazard Insurance. Borrower shall keep the improvements now oxisti rig or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require, The insurance carrier providing the insurance shall be chaser by the Burrower subject to approval by °"n Lender; provided, that such approval shall nat be unreasonably withlield. All insurance: policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and, renewals thereof, subject to the terms of any mortgage, deed of trust or othersecurityagreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. a.• ?. If the Property is abandoned by Borrower, or if Borrower fails TO Mpnnd to I,,:nrinr within 10 flays 7"1 ?t from the date notice is mailed by Lender to Borrower that the insurance carrier offers zo se[tle a claim for • insurance benefits, ,„ender is authorized to collect and apply the insurance proceeds at Lender's option w„,? ?-+ either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit ?• ?? " Developments. Borrowershall keep the Property to good repair and shall not =emit waste or P' trmi r. _ ? impairment or deterioration of the Property and shall comply with the provi:tions of any Irasti: if this ? ? Mortgage is on $ ie ehoId. I??tf s Mortgage,is on a unit in a condominium or a planned unit development, •„ 1 :. "•"I Borrower shall perform a#1'6 Bot'rowe"r s obligations under the declaration or covenants creating fir 11^11-05 MTG -, ` - PAD01304 _„...°?M . !10 gllllol111l it imiiioml 111111111111101 milli 1111 1111 PU74BO961EA97MTG8000PA0a13040xxMT 1N 16 ORIGINAL "'?'•'r i n ti 11211191-DOD 2:23716 PM CUMBERLANDMI1NTY inctf:MRiai't2- Dec-18-2009 04:41pm From- T-615 P.011/023 F-648 -5- governing the condominium or planned unit development, the by-laws and regulations of the condom1 n i um or planned ut i:9development, and constituent documents, 7_ Protccticia offender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially of ]ccts Lender's interest in zhe Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and takee:uch action as is neeeuary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, 21 The*, contf2cT rate, shall become additional indebT.edness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon uvtice from Lcttder to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall rcqui re Lender to incur any expense or take any action hereunder. S. Inspection. Lender may take or cause to be made reasonable enwies upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such innpection specifying reasonable cause therefor related to Lenders interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, ir. connection with any condemnation or other Taking of The Property, or part thereof, or for conveyancc in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or othersecurity agreement with a lien which has priority over this hefortgage. 14. Borrower Not Released; f'orbuarance By Lender Not a Waiver. Exteasion of the. time for payment or modification of amortization of the sums secured by -this Mortpag.. granted by tender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's sucmmors in interest. Lender shall not be required .o commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of The slams secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbeasancc by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or precl ude theexercise of any such right or remedy. It, Successors and Assigns Round; joint and Several Liability; Co-signers. T'he coverlarlts and agreement.. herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall bejoi nt and several. Any Borrower tfho co-signs t:1is Mortgage, but does not execute tllc Note, (a) is ca-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally lia bl t: on the 1NOTe or under This Mortgage, and (c)agrees that Lender and cry other Borrower her Under may agruc to extend, modify, forbear, or make any othcr accommodations with regard to The tarns of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifyi rig this Mortgage as to That Borrower's interest in the property:' 12. Notice. EKceptfor any notice required under applicable law to be given in another manner, (a) any notice to Borrower provic$d for-in this "Mortgage shall be given by deliver? ng iT n r by m Al 11 n2 e11rb nor; re by certified mail addressed TO Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender asprovided herein, and (b) any notice To Lender nhall be given by c ortified mail to Lender's addretWstated herein or to such other address as Lender may designate by notice to Borrower as prdvted hereil;>'Any notice provided for in this Mortgage shall bedeemed to have been given to Borrower or Lender whin rveh in the manner designated herein: 13. Governing Law; Severn bility. Thc:applicablelaw contained in the lNoteshall control. Where no applicable law is eoaWried therein,. the state and local laws applicableto this Mortgage shall be the laws of the jtlrisdiCtia? in.WhiCI r ll i5 1 l ¢ Icfen llilillmilloil1111I ?I1311nnPA0011 11-11-05 MTG 305 N111 ?1u1m_I l[U?m811tt?m1 ?( I xM74B09fi1EA97MI"68000PA0013050xx)MRTIN x ORIGIAm 121-18/2009 2:23:16 PM r11 ISAGCDI na,n rn, I\,T/ ,..d ,1. .G Yy-•? Dec-18-2009 04:41pm From- ¦ 1F T-615 P-012/023 F-648 -6- of Federal law to this-Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts wish applicable )oow, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this and the provisions of this Mortgage and the Note are declared to be severable. 9s used herein, "costs," "expenses" and "attorneys' fern" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy.. Borrower shall be furnished a conformed copy of the ]rote and of this Mortgage at the time of execution or afTerreeordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under avy' home rehabilitation, improvement, repair, or other loan agreement- which Borrower enters into with Lender- Lender, at Lender's option, may require Borrower To execute and deliver to Lender, in a form acceptable to Lender. an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property. -If Borrower sells or transfers all or any part of the Property or an interest therein, occluding (a) The creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a j,01m tenant, (c) the grant of any leasehold interest of three years or le w not containing an option to purchase, (d) ille crcaiion of a purchase money security interest for household appliances, (e) a transfer to a relative: resulting from the death of a Borrower, (f) a transfer where the spousc or children of chc Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of The property, (11) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or (1) any other transfer or disposition described in regulations prescribed by the Federal Home Loon Bank Board, Borrower shall cause to be submitted inforination required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the :dote and this Mortgage unless Lender releases Borrower in writing, If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. Lf Lender exercises such option to accelerate, Lcnder shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due, If "Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further, notice or demand on Borrower, invoke an), remedies permitted by paragraph 17 hereof. NON-UNTIFOI:M COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies: Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreemcint of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Fender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such br-eacb -(3) A date, not tess than 34 days From the date-the notice is mailed to Borrower, by whick such-br-each must be cured; and (4) that failure W cure such breach on or befam-the date specified in the notice may result in acceleration of the sums secured by this Mortgage, f?reclosurCby judicial proceeding, and salt: of the Property. The T? 11-11-05 MTG _ PA001309 i? l H111 ?J I 1 l1111110111111mill ?JI? J ?I?Y?IIi xM740095]EA97MTGBD00PADD13050x'frlARTIN K ORiGINAL`- ?w cdI': z '15 ,Mrl'lt'11?N-1 i Inu? 4n? . ' mn?nw • I.•???I.Mu . , . I" Mn 11fid .... i•'.t?aNll ,? fMY1?.IM ? .iw11?,N'A - .. rv "hFnl ??npAh i -Pn. , 0:11 .F ' 1.u1 12/18/2009 2'23'16 PM CUMSERI AND rni jNTV nci * Anna, ,oao" Dec-18-2009 04:42pm From- T-615 P-013/023 F-648 "IM1'1 -7- notice shall further inform Borrower of the right to reinstate after acceleration and the right to as$crt in the foreclosure proceeding the nonexistence of a default or any other r- defense of Borrower to acceleration and foreclosure. If the breach is nat cured on or bofore the dace specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and ^ r may foreclose this Mortgage b ?' by judicial proceadinB Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attvmsys' fees snd costs of documentary evidence, abstracts and title: reports_ 18, Borrower's Right to Reinstate, Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage. discontinued at any time prior to entry of 3 judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Burrower cures all breaches of any other covenants or ..;:-141 agreements of Burrower contained in this Mortgage; (c) Borrower pays all reasonable expenses . e incilrrrd by Lender in enforcing the covenants and agreements of Borrp}yC contained in this M, ortgage, and in enforcing Fender's remedies as provided in paragraph 17 Hereof, including, but not " .i`" .. limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably! ' require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force "t and effect as if no acceleration had occurred. ., 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof, in abandonment of the Property, have the right to colitut and - retain such rents as they become due and payable. Upon acceleration under paragraph 7 hereof or abandonment of the Properry, Lender shall be untitled to have a receiver appointed by a court to enter upon, take posse ion 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 costs of management of thn Property and collection M.I,n of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fec5, anr] Than tO OR sums srcurcd by this \Mortgagc. Thcs m.civer shall be liable w .. F11: acuour?t only for those rents actually receiaecL !^? 20, Release, Upon payment of all sums secured by this ,Mortgage, Lender shall release this " • ?'t Mortgage without charge ;to Borrower. Borrower shall pay all costs of recordation, if any. '.??' ;? • 21. Waiver of Homestead, Borrower hereby waives all right of horrestead examption in the Property under state-or Federal law, - , ?lop" 22: Interest Nate After 1!udgmcnt. Borrower agrees the interest rate payable after•a judgment is entered_ on the Note: or in an action of mortgage foreclosure shall be the rate stated ire tha Notie: - .;„I 23."Xrbitration.R der to Note. The Arbitration Rider attached to and made a part of the Notlc is hereby incorporated by. reference and made a part of this Mortgage. '+._•; .. I •dI, ' NITG--111?111f ? IiIIIIRIliiliiiiiiiill llliguill(«llill iollI I ill?Nill W01307 xM74BO961EA9?mTGUOOOPA0013070KNWTIN X ORIGINAL . 1211612009 2:23;16 I'M CUMBERI ANn r MINTY 1w it 9nf1A14739 -'F Dec-18-2009 04:43pm From- T-615 P-014/023 F-648 • •il h, ••.:a•rw . •nli•nr REQUES'T' FOR NOTICE OF DEFAULT - ANN) FOUCLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of oust or other wricumbranuc with a lien whirh has priority over Chic-Mortgage to give Notice to LCiidcr, at Lxrrder's address set forth on ,• -Pq I? page ont of this Mortgage, of any dc-fault under the superior encumbrance amfof tiny sale or other foreclosure action. .,..,a.,, ; . I6 Thomas P Martin F3orr fiver ?' „ .,7, I Tracie _1 Martin -Boreower I hereby certify that the precise address of the Lefida7 (Mor[gagee) is: ^? "'? 419 Vi11,a? Drive, Suite 2 CarliRle. PA 17013 O b h n e '" *•,' ?' ail of the L•endcr. $y Both A Purvis ,_` Tii.le: Branch_ Managar - COMMONWEALTH OF PENNSYLVANIA, Cumberland - County ss: I. Denise X Chubb a Notary Public in and for said musty and state, do hereby ccrtl y that - s p lia tin personally known to me or proven satisfactorily to he the same persons whose names is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that hp signed ind d*livared the said imsraa-j..at as ttls Free voluntary act, for the uses and purposes therein sot forth. -`-'-- Given under my hand and official seal, this 29th day of April 20D8 My Commission a ires: Notariar5eal xP 0011130 rot Chubb, tVGtatypublic Rye Twp•, POmr CUU* Notary Public MY Cortlrnlseion E rpires Oct 3f, 2009 McMbor, PonnaaKv ere . !.avodglb/I W Natprloa w COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: T I, Denise M Chubb a Notary Public in and for said cminty and state, do hereby certir that - Y Trac•' a It Mart3,ilr personally known ro me or proven satisfactorily-to bq the same persons Rhose name s. is subscribed to the foregoing instrument; appeared Ww-e me this day in person, and acknowledge that she signed and delivered the said instrument as her free voluntary act, for the uses and purposes therein set forth; -- Given under my hand and official seal 'this y , 29r,];1.-day of Anril.x 2008 .I, My Commission expires: COMMONl EALTO Or Prr4ir4;v1.vsurc ?'L?4?`rf ? t 1.J,ii?• 11-11-05 MTG WOW . Soot Notary Public Denise ht t'upfi, Notary pubtid Rye Ttirf'drry Coonri? MY Oomrnla,?ngylrea oa.r 2009 M'noa4 PcnnVvpn?i ?ebC411ibn W Nwmjbo = - PA0t11308 1M111111f X111111 I1 oil11111111111111 111111 xM74B0961EA97MTGe00oPA0013080-WTIN - ORIGINAL r+•rI•ns ,.,.„ n ,ww 12118(2009 2'23:16 PM CUMaERLANO r nllnlTY nelr.??rlyy. InSr W ?nf?7?i1?'17 .'PCiF nAc-1R-MA nd:A3pm Frnm- T-R15 P n15/n73 F-RdR -34* (Space Nk')WThi$ Uho koserved For LaiLdor and Rccord ) • 'NNW , ir • ,inldli'? • le flu ' •4Y1 .. .r.1..lr . a: ' •.1•r .. un,llwi ?..•wnl l?ll n h rW lit 7 7 .'- ,M,V111in? ?.? ,I?gl 1 11-11-05 MTV :.,.?.- - PA001309 - IIl?lIN?I?MN??I?NII?RII?[II?I? 1lN??!lII??II?I II>I• '.??";?? "M7480961EA97MTG8000PA0013090mxh4ARrIN -x OR E G I NAL i.,.r ,-..,. . ' Iry'Iyf 1-44 J41 k 1 11 1 1 • »Yrl • 14 'n l. l l? ' _ 1 .. •a:1. 411 • 12/18/2009 2:23;16 PM CUM3ERLA1Nfl Cnt INTV he.x?nne,e?w•,n?lr Dec-16-2009 04:43pm From- T-615 P•016/023 F-646 .. n-446 "1•H EXHIBIT A {PAGE 11 ALL THAT CERTAIN PROPERTY SITUATED IN THETOWNSHIP OF DICKINSON-IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED 'IN A DEED DATED !!" - 07/27/2006 AND RECOFIDED 07128/2006, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 275 AND PAGE 4335, TAX MAP OR PARCEL I0 ND_: 08-12-0334-110 14R.l , inY i • •Nrr r. ,..hbrr,pi •?i•kr ,N r i ..1 n1• .F.1 rw ,wrl „•4- F If?ll??1?N1???1?9?I11??11 ?f11111??Ii??I??I??I?N1111?1IIf1NKlN? ? ??:.. _ RA7490961EM7MTG8000PA00130DOx"MARTIN • ORIGINAL ?.,,? ; „ ? r, .. r.i i S v, ;rnd • A - ,•M lll 1211812009 2:23:16 PM CUMBERLANO COUNTY , i u ?nna?e?o? _ o ,fxlk- ?Dee-16-2009 04:44pm From- t- ROBERT F. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 T", r m:pr? i'•1 1 . n ...IN nv:R „ ,tea Instrument Number - 200$14232 Recorded On 311/200$ At 12:35:43 PM 'Instrument Type - MORTGAGE Invoice Nurmbcr - 19954 User To - MSW * Mortgagor - MAXCIN, THOMAS P *Mortgagee - BENEFICIAL CONS DISC CO a Customer - RRNEFICIAT., IV FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $23.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES I•EE $2,00 ROD ARCHIVES FEE $3.00 TOTAL P XD $50.50 T-615 P•017/023 F-646 Total Pages -11 Certifleation Page DO NOT DETACH This page is now part of this legal document. I Certify this to-be recorded in Cumberland County PA 12/19/2009 2;23:16 PM -M-+r, • w-?F:w ,ATrt 1. 1. "4a" n.l. ' •n ?vYF,I? flit Ca ,...,r.,. t 9 1 ? RECORDER - Information denoted by an Interisk finny change during + *^ thoverifertivn BrvLxma uull. Nagy nut be reflected an this page, ?+^ - - 08bOVG ? ?-•- I?1llllll?lllll?llll lll?ll ..:, ?? ..1 ' x'Ix .1/1 vII. CUMBER ArJn C(11 ww 1-F 41 or1AA1:4nl• "d,S?x 1 ` r T{ !' 701/ SHERIFF'S OFFICE OF CUMBERLAND COUNTY it n.-.,Y~~ ~-{ V1 Ronny R Anderson ;_ T},~ p, ;~_; , , ,~y,t,,~,~',e,~~y Sheriff ~4~,~;,, t.? c~in~lr~f~ ~ Jody S Smith ZO ~ Q ~~,~ ~ 3 i~~ ~~: 2 Chief Deputy Edward L Schorpp Cvltifr i-~_,~ ~4,~ ~l~s ~'"'i`~i `~ Solicitor 4 ~ = ~ r r, Beneficial Consumer Discount Company vs. Case Number Thomas P. Martin 2009-8831 SHERIFF'S RETURN OF SERVICE 01/08/2010 06:41 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 8, 2010 at 1841 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tracie R. Martin, by making known unto Tera Martin, Daughter of defendant at 326 W. South Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 01/08/2010 06:41 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 8, 2010 at 1841 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Thomas P. Martin, by making known unto Tera Martin, Daughter of defendant at 326 W. South Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $54.80 January 12, 2010 SOw~t , ~~ NY R ANDERSON, SHERIFF Deputy Sheriff r..-;; co. ,.,. , _ -e~. MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff 22.11443 f iLCV"1.~~t'{h,,C 2010 Fit ~ ~' 17 ~~~ ~~ ~ 5 Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, Plaintiff, Vs. Tracie R. Martin, and COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 09-8831-Civil Praecine to Dismiss the Mortgage Foreclosure Action without Preiudice Thomas P. Martin, Defendant(s). TO THE PROTHONOTARY: Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. MILSTEAD & ASSOCIATES, LLC ~L-~~~--_.. Mary L. Harbert-Bell, Esquire Attorney ID No. 80763 {00427278}