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HomeMy WebLinkAbout10-7577 You are hereby notitied to ~ t~~ ^' ~~ ~"~ fil writte response to the enclosed within MILSTEAD & ASSOCIATES LLC twenty (2 )days from the service hereof ' , BY: Patrick J. Wesner, Esquire udgment may be ent against you. ID No. 203145 ` - ~" -- 220 Lake Drive East, Suite 301 ttorne Plaintiff Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File: 22.14081 Beneficial Consumer Discount Company ~ COURT OF COMMON PLEAS D/B/A Beneficial Mortgage Co of CUMBERLAND COUNTY Pennsylvania 636 Grand Regency Boulevard Brandon, FL 33510, Plaintiff, No.: ~~-~J~77 Vs. ~ CIVIL ACTION MORTGAGE FORECLOSURE Brian L. Hauenstein 391 Sherwood Drive Carlisle, PA 17015, ~ ,~ ,__ ,..~ :> -~ and ~a ;:g t <:::~ -~-~ Lisa A. Hauenstein ~ srA~ r . ~: c'~ r -,~r~~ =.°~, 391 Sherwood Drive ~ r--°'~= `'4 ' Carlisle, PA 17015, ~ ~ c-~ ~ ~ ~ ~ ~~ ~ R ~T-.? Defeo dants .; _ o~~` ~Ra a~ ~~ 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: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania 636 Grand Regency Boulevard Brandon, FL 33510, Plaintiff, Vs. Brian L. Hauenstein 391 Sherwood Drive Carlisle, PA 17015, and Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. CIVIL ACTION MORTGAGE FORECLOSURE Lisa A. Hauenstein 391 Sherwood Drive Carlisle, PA 17015, Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Beneficial Consumer Discount Company D/B/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, Brian L. Hauenstein and Lisa A. Hauenstein, (collectively, the "Defendants"j, are adult individuals and are the real owners of the premises hereinafter described by virtue of a Deed dated November 16, 1998 and recorded July 20, 1999 in Deed Book 204, Page 211. 3. Defendant Brian L. Hauenstein, upon information and belief, resides at 391 Sherwood Drive, Carlisle, PA 17015. Defendant Lisa A. Hauenstein, upon information and belief, resides at 391 Sherwood Drive, Carlisle, PA 17015. 4. On September 10, 2003, in consideration of a loan in the principal amount of $151,827.39, 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 8.970 percent per annum, payable as to the principal and interest in equal monthly installments of $1,218.37 commencing October 10, 2003. See Note attached. 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 September 10, 2003, recorded on September 15, 2003 in the Department of Records in and for the County of Cumberland under Mortgage Book. 1836, Page 0142. 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"): 391 Sherwood Drive, 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 April 15, 2010, 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: EXHIBIT A ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOiJNDED AND DESCRIBED IN ACCORDANCE WITH FINAL SUBDIVISION PLAN FOR LYNELL W. WOLF PREPARED BY THOMAS ALVIN NEFF, REGISTERED SURVEYOR, A COPY OF SAID PLAN DATED APRIL 24, 1976 BEIN~:~ RECORDED IN THE HEREINAFTER NAMED RECORDER'S OFFICE IN PLAN BOOK 33, PAGE 21, AS FOLLOWS: BEGINNING AT A POINT IN THE ORIGINAL CENTER LINE OF THIRTY-THREE (33) FEET WIDE TOWNSHIP ROAD T-5013 KNOWN AS SHERWOOD DRIVE AT CORNER OF LAND NOW OR FORMERLY OF THOMAS E. MCCURDY; THENCE FROM SAID POINT AT THE PLACE OF BEGINNING ALONG THE ORIGINAL CENTERLINE OF SAID TOWNSHIP ROAD T-503 KNOWN AS SHERWOOD DRIVE, SOUTH 57 LiEGREES 30 MINUTES 20 SECONDS EAST, A DISTANCE OF TWO HUNDRED (200) FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. ~? AND _3; THENCE ALONG SAID DIVIDING LINE BETWEEN SAID LOTS NOS. 2 AND 3. SOUTH 17 DEGREES 35 MINUTES 20 SECONDS WEST A DISTANCE OF TWO HUNDRED FIVE AND EIGHT TENTHS (205.8) FEET TO A STAKE; THENCE STILL ALONG SAID DIVIDING LINE BETWEEN SAID LOTS NOS. 2 AND 3, SOUTH 14 DEGREES 06 MINUTES 05 SECONDS EAST, A DISTANCE OF TWO HUNDRED FORTY-ONE AND FIVE HUNDREDTHS (241.05) FEET TO AN IRON PIN IN LINE OF LAND NOW OR FORMERLY OF DENNIS E. MAJOR; THENCE ALONG SAID LINE C)F LAND NOW OR FORMERLY OF DENNIS E. MAJOR, SOUTH 22 DEGREES 52 MINUTES 50 SECONDS WEST, A DISTANCE OF ONE HUNDRED SEVEN AND SEVENTY-THREE HUNDREDTHS (107.73) FEET TO A POST; THENCE STILL ALONG SAID LINE OF LAND NOW OR FORMERLYOF DENNIS E. MAJOR. SOUTH 16 DEGREES 45 MINUTES 40 SECONDS EAST, A DISTANCE OF ONE HUNDRED FIFTY-EIGHT AND FORTY-SIX HUNDREDTHS (158.46) FEET TO A POST IN LINE OF LAND RETAINI~D BY LYNELL W. WOLF; THENCE ALONG SAID LINE OFLAND RETAINED BY LYNELL W. WOLF, NORTH 73 DEGREES 20 MINUTES 50 SECONDS WEST, A DISTANCE OF FIFTY AND SEVENTY-FOUR HUNDREDTHS (50.74) FEET TO AN IRON PIN IN LINE OF LAND NOW OR FORMERI:,Y OF JOHN S. GLEIM; THENCE ALONG SAID LINE OF LAND NOW OR. FORMERLY OF JOHN S. GLEIM, NORTH 17 DEGREES 57 MINUTES 20 SECONDS WEST, A DISTANCE OF SIX HUNDRED ONE AND FOUR HUNDREDTHS (601.04) FEET TO A POST AT THE DIVIDING LINE BETWEEN SAID LOT N0. 3AND SAID LAND NOW OR FORMERLY OF THOMAS E. MCCURDY; THENCE ALONG SAID DIVIDING LINE BETWEEN SAID LOT NO. 3 ANDSAID LAND NOW OR FORMERLY OF THOMAS E. MCCURDY, NORTH 17 DEGREES 48 MINUTES 10 SECONDS EAST, A DISTANCE OF TWO HUNDRED TWELVE AND THIRTY-FOUR HUNDREDTHS (212.34) FEET TOA POINT IN THE CENTER LINE OF THIRTY-THREE; (33) FEET WIDETOWNSHIP ROAD T-503 KNOWN AS SHERWOOD DRIVE. CONTAINING 2.133 ACRES AND BEING ALL OF LOT NO. 3 AS SHO17N ON FINAL SUBDIVISION PLAN FOR LYNELL W. WOLF DATED APRIL 24, 1978 AND RECORDED AS AFORESAID. SO MUCH OF THE ABOVE DESCRIBED PREMISES AS LIE~~ WITHIN THIRTY (30) FEET TO THE ORIGINAL CENTER LINE OE' THIRTY-THREE (33) FEET WIDE TOWNSHIP ROAD T-50~; KNOWN AS SHERWOOD DRIVE IS DEDICATED AS A PORTION OF THE; RIGHT-OF-WAY OF SAID TOWNSHIP ROAD T-503 KNOWN AS SHERWOOD DRIVE AS SHOWN ON SAID FINAL SUBDIVISION PLAN FOR LYNELL W. WOLF DATED APRIL 24, 1978. THE ABOVE DESCRIBED PREMISES IS A PART OF THE TRACT OF THE LAND WHICH LYNELL W. WOLF AND EDITH V. WOLF, HUSBAND AND WIFE, BY THEIR DEED DATED JUNE 13, 1978, RECORDED JUNE 1~~, 1978 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN DEED BOOK V-27, PAGE 752, GRANTED AND CONVEYED UNTO RICHARD G. BEAVER AND MILDRED I,. BEAVER, HUSBAND AND WIFE. TAX MAP OR PARCEL ID NO.: 29-05-0431-028A ADDRESS: 391 SHERWOOD DRIVE; CARLISLE, PA 17015-9013 Balance of Principal ................................$138,322.72 Accrued but Unpaid Interest from 3/15/10 to 12/7/10 ........................................$6,866.63 Accrued Late Charges ....................................$296.94 BPO ................................................................$100.00 Paid Taxes ....................................................$2,398.35 Title Search Fees ............................................$150.00 Deferred Interest ........................................ $18,293.23 NSF Fees ...........................................................$40.00 Forced Placed Insurance ..............................$1,242.12 Reasonable Attorney's Fees ........................$1,300.00 TOTAL as of 12/07/2010 ........................$169,009.99 Plus, the following amounts accrued after December 7, 2010: Interest at the Rate of 8.970 per cent per annum ($33.99 per diem); Late Charges of $72.51 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 391 Sherwood Drive, Carlisle, PA 17015 as well as to address of residences as listed in paragraph 3 of this document on October 27, 2010, 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, $169,009.99, plus the following amounts accruing after December 7, 2010, to the date of judgment: (a) interest of $33.99 per day, (b) late charges of $72.51 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 a J. W er, Esquire Attorney fo laintiff VERIFICATION I, Patrick J. Wesner, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff's behalf. I make this verification on behalf of the Plaintiff because Plaintiff is outside the jurisdiction of the Court. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure have been obtained from the Plaintiff and 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: P ri ~J. Wesner, Esquire Title: Attorney LOAN REPAYMENT AND SECURITY AGREEMENT (Page 1 of 4) LENDER (called "Wt:", "Us", "Our") BENEFICIAL CONSUMER DISCOUNT COMPANY 0/8fA BENEFICIAL MORTGAGE CO OF PENNSYLVANIA 4910 CARLISLE PIKE SUITE 10-0 MECHANICSBURG PA 1705D BORRORtERS (called "You", "Your") HAUENSTEIN, 8R~4N L SS# HAUENSTEIN. LISA~A SS# 391 SHERWDOD DRIVE CARLISLE PA 17013 LOAN NO: 71171x=55ag~-~~~(~S~ YOU ARE. GIVING US A SECURITY INTEREST IN THE REAL ESTATE LOCATED AT THE ABOVE ADDRESS. REQUIRED INSURANC(3. you mart obtain iacutaace for tarm of loan covering security for this loan as iadicaied by tha word "YES• below, naming us as Loss Fayea YES Ti1la insurance oa real estate security. YES Hazard Insurance on renl estnto sacurity. You may obtain nay required insurance from anyone you choose nad may assign say other policy of insurance you own to covor the security foz this loan. (S~ 'Security" paragraph above for description of security to be iasured_) n7_tn_na ec r~ 1ST f41T6 OFT PPP I~~~~ug•~nm~~a,n~~®~~~6ns..~~~~~a~ PA065871 aH3AOF7A70M94CEA9000PABS58710~HAUENSTEIN * 1~~I'NIAI~~ ORIO{NALNA LOAN REPAYMENT AND SECURITY AGREEMENT (Pgge 2 of 4) PAYMENT. In return for your loan described below, you agree to pay us, the Principal and Interest computed at the Contract Rate (subject to any adjustment under the Adjustment to Contract Rate Section below) and any monthly insurance premium, if elected, until fully paid_ Principal is Amount Fiaa:teed, plus The Fee. The term Fee means the sum of the Origination Fee (Fee) and the Discount Fee (Fee) shown on page one. You shall pay us monthly payments, at our business address or other address given you. If more than one Borrower is named on page one, we may enforce this Contract against all, or any Borrowers, but not in a combined amount greater than the amount owed. Payments are applied in the following order: left charges, interest at the Contract Rate for the actual time outstanding, principal, and insurance. For any past due amounts, payments will be applied to the most ddinqucnt monthly installment first, in the same order shown above, until all past due monthly installments are paid in full. DATE ON WHICH INTEREST BEGINS. If you do not cancel this loan, the date on which Interest begins, payment dates, and effective date of insurance purchased are postponed by the number of days from this contract's date to date you receive this loan. ADJUSTMENT TO CONTRACT RATE. The Contract Rate, as shown on page one, will decrease by one quarter of one percent {.25) beginning with the thirteenth (13th) month after every twelve (l2) consecutive month period where all payments were made in full within 30 days of their due date. Up to maximum of twelve {12) Contract Rate reductions are available during the term of the loan. For each Contract Rate reduction, the monthly installment payment will be reduced accordingly. Notwithstanding anything to the contrary in this paragraph, you will not receive any Contract Rate reductions or the reduced monthly payment after four periods of delinquency. A "period of delinquency" begins when you fail to make a payment in full within 30 days of the due date and ends when you have no payments that are outstanding for more #han 30 days past their due date. PAYOUTS. You agree to payouts of Amount Financed as shown on Truth-In-Lending disclosure form. If pay-outs change because loan closing is delayed, {a) you shall pay additional amounts due at closing, or (b) your cash or check will be reduced to cover additional payouts. PREPAYMENT. Subject to your choice of a Prepayment Penalty on this loan, you may prepay any or all of your loan at any time. If you chose a loan with a Prepayment Penalty, the word "YES" will appear in the Prepayment Penalty box on page one of this Agreement. In any event, if you fully pay before the final payment due date, the amount you owe will be reduced by unearned credit insurance charges, if any. If you prepay before the final due date, Points arc fully earned when this loan is made and you will not receive a refund of that part of the Finance Charge consisting of Points. PREPAYMENT PENALTY. If "YES" is printed in the Prepayment Penalty box on page one of this Agreement, you agree to the following penalty. If you prepay in full within two (2) years of the date of this loan shown on page one, you agree to a pay a Prepayment Penalty equal to six (6) months interest at the Contract Rate (as stated on page one) of the unpaid principal balane. No Prepayment Penalty will be imposed (a) if this loan is refinanced by another loan with us; (b) after two (2) years; (c) if the loan is prepaid from the proceeds of any insurance; or (d) if we sue you. LATE CHARGE. If you don't pay any payment in full in l0 days after it's due, you will also pay 5°6 of the unpaid amount of such payment. BAD CHECK CHARGE. We will charge you a fee of $20 if anp payment check is returned because of insufficient funds or is otherwise dishonored. You agree that we may deduct this charge from a monthly payment. SECURITY. There is a mortgage on your real estate, located at your address shown on page one unless a different address is stated. You agree to give us a security:nterest in the real estate as described in the Mortgage(Deed of Trust. PROPERTY INSURANCE: A. YOUR OBLIGATION TO INSURE. You shall keep the structures located on the real property securing this loan insured against damage caused by fire and other physical hazards, name is as a loss payee and deliver to us a loss payable endorsement. If insurance covering the real property is cancelled or expires while the loan is outstanding and you do not reinstate the coverage, we may obtain, at our option, hazard insurance coverage protecting our interest in the real property as outlined below. B. LENDER'S RIGI-TT TO PLACE HAZARD INSURANCE. You authorize us, at our option, to obtain coverage on the Property in an amount not greater than the outstanding balance of principal and interest oa the loan or, if known. to be lei, NOTICE: THE FOLLOWING PAGES CON®TAIN ADDITIONAL CONTRACT TERMS. 1ST~MTU30PT PlPP ~~~®~~~~®'®~~~IIS®®~~~~~~~~~ PAa65872 "H3AOfTATD119<GEA90DOPA8658T20KNHAUENSiEIN ^ OIi1CaINAL LOAN REPAYMENT AND SECURITY AGREEMENT (Page 3 of 4) the replacement value of the Property, in the event that you fail to maintain the required hazard insurance outlined above . or fail to provide adequate proof of its existence. You authorize us to charge you for the costs of this insurance and add the insurance charges to your loan. The Insurance charges will be added to the unpaid balance of the loan which accrues interest at the Contract Rate. The addition of the insurance charges due might increase the amount of your final installment. The cost of Lender placed hazard insurance might be higher than the cost of standard insurance fxotecting the property. The Lender placed insurance will not insure the contents of the property or provide liability coverage. The insurance might not be the lowest cost coverage of its type available and you agree that we have no obligation to obtain the lowest cost coverage. We or an affiliated company might receive some benefit (i.e. commission, service fee, expense reimbursement, etc.) from the placement of this insurance and you will be charged #or the full cost of the premium without reduction for any such benefit. If at any time after we have obtained this insurance, you provide adequate proof that you have subsequently purchased the required coverage, we will cancel the coverage we obtained and credit any unearned premiums to your loan. DEFAULT. If you don't pay on time or fail to keep any required insurance in force, or if permitted in the event of default under the Mortgage, {1}all your payments may become due at once and, (2} without notifying you before bringing suit, we may sue you for the entire unpaid balance of Principal and accrued Interest and (3) any judgment in our favor may include our reasonable attorney's fee and court costs as determined by the court. You agree that, should we obtain judgment against you, a portion of your disposable earnings may be attached or garnished (paid to us by your employer), as provided by Federal law. You agree to pay interest on any judgment at the Contract Rate. CREDIT REPORTING AND CUSTOMER INFORMATION PRACTICES. If you fail to Fulfill the terms of your credit obligation, a negative report reflecting on your credit record may be submitted to a Credit Reporting Agency. You agree that the Department of Motor Vehicles (or your state's equivalent of such department) may release your residence address to us, should it become necessary to Locate you. You agree that our supervisory personnel may listen to telephone calls between you and our representatives inorder to evaluate the quality of our service to you. You understand and agree that we will call you from time to time to discuss your financial needs and any loan products that may be of interest to you as may be permitted by Applicable Law. For mare information regarding our privacy practices, please refer to our Privacy Statement, which is included with your loan documents. OPTIONAL INSURANCE. Optional credit insurances and any required insurance disclosures are attached to this Agreement and are incorporated herein by reference. ALTERNATIVE DISPUTE RESOLUTION AND OTHER RIDERS. The terms of the Arbitration Agreement and any other Riders signed as part of this loan transaction are incorporated into this Agreement by reference. APPLICABLE LAW. This loan is made at an agreed rate authorized by Section 501(a), Part A, Title V, Public Law 96-221, also known as Section 1735f-7 (a), Titre l2, United States Code (USC). If you do not pay the full amount of an instalment when it is due, and we intend to foreclose on the Mortgage, we must comply with the provisions of Section 403 and 404 of the Act of January 30, 1974, which is known as Act No. 6, and the provisions of the Homeowner's Emergency Mortgage Assistance Act {Act No. 91 of 1983). NOTICE: THE FOLLOWING PAGE CONTAINS ADDITIONAL CONTRACT TERMS. OZ-10-03 RE SI tST MT6 OPT PPP PA865873 ®1®I~~QI~~~V~~®~1~~®®A~I~IIlB~! 'R3ADF7A7IyA9gCEA9000PAB659730~FiAUENSrEIN ~ ORIGINAL ' LOAN REPAYMENT AND SECURITY AGREEMENT (Pagc 4 of 4) ANY ADVANCE OF FUNDS PURSUANT TO THIS LOAN REPAYMENT AND SECURITY AGREEMENT AND THE MORTGAGE WHICH SECURES THE AGREEMENT MAY, IN THE EVENT OF ANY DEFAULT, RESULT IN THE LOSS OF YOUR HOME OR OTHER REAL PROPERTY PLEDGED AS SECURTTY FOR YOUR LOAN. YOU HAVE RECEIVED A COMPLETE COPY OF THIS AGREEMENT AND THE TRUTH-IN-LENDING DISCLOSURES. a RROw (('~ ~ t ~~~Q ~ ~,, =-(SEAL) W~'R ~ ~-_'...~"-"'" ~ ---(SEAL) ew S. ---{SEAL) q~~~ 1ST~~lTG30PT ~P I~®~~~~~~~'~~~~~~ ~~~11~®~~~~ PA865874 'fl13ADFTA7GN94CEA9DODPAB658740"~WWEP6TEIN • OR#GINgL 18-28-' 10 11:30 FF30M- Oct-7B-2010 1t:18as Fram- ~9 T-549 P~dC~lO7/0016 F-152 T•16B P.OOBfpt~ F-268 .:~RLANG CQUNTI'-~ .. 711794 MoR'~1~ ~~ ~ ~9 I1F R~~ t5 CHECKED, THIS Mf]-RTGA~CrIE IS AN 4P'EN-END MURTGAGE AND SECURES FUT[7It13 AbVANGBS. ')i'HIS MC3RTGAGE is made this dap 10TH of SEPTEA~A ~(iD9 , between tAa h~ur.lrogu~. 6R i AN l.. HAIIENS'T~ Alb L 1 S/4 A. I~WJENSTE_ I F1~i~J~118 A~~11 FE ._._^ 6ENEf I G ! AL MQFf'f0Af3E CrT CIF PENNSYLVTiN 1 ~- - - , a corpaa~atton os~m u~g un wa o , w - addresa is 4810 CARL i SLR PIKE , Sl! I TE 1tt4 . . (herein "Len r T~ ~-~ The I`gllowirtg paragraph p~reooded by a chocked box is applicable. t "J VIF-AS, i3otrownr is indebted zo Leader ;a the principal gum of ~ 151, 8z7. $8 evidenedd by Borrowets'e Loon Relseyntart sad Security Agreement or Sec e~y ortpge pan Agreernerit dated SfrPTEf~ER 10, 2003 sad any extu~s;ota~ or reaewaig thareoi (herein "Note"?, providing of m y rnae moats a fmnapei and intrrest, ir~uding ally a@justmoots to tt-t amount oI papmentei os the contract tees if that rata is variable, with the balance of the indebtedness, if Trot soonar paid, due and payable ou a''EP"fE~R 10, 20:I3; Q vV~YERREAS, B+vrrosoer ie iadebtcd to Leader in the principal sum of S or 9o much theteof se map bo advanced pattsvant to Barlower'b Ita~-olvipgmsht reared Fcsd cxta~siorls sad reaewala thcrenf (herein "Nate'), providing for men y fns manta, an trttaraet at the sate sad under the terms speci0rxl iri cht Note, including xny adjustments irl the iote~est fete if that 18t4 ie variable. aAd providing fof a credit limit stated in 'the principal team above and en isutial adn<nce of S TO SEC11Ia;8 is Ltadar the repayment of (1) the indebtedness evidenced by the Note, with inteurest sl-eraaut, including any it1Rr'r~eea it the Cplrtract rate is veriabl~ (2) future pdvapcea under any Aovalving Loco Agroemsa~ (S) the payment of all other stuns, with intt~aSC thereon, advgacad in er~cordence herewith t6 protect tba security of this Mnrtgxge; and (4) fire pest4rmanca of the covcnanis end agtrxmcnre of gotroWar herein coataiaed, Borrower does hereby rtsortgrga, grant sad convey to Lemdar sad Loader's a~uaaosaara and aasigpe the following described property located in the County of Cl1AQERlANO ~ Commoaaemlth of ptnnsylvatlia: ALL THAT CERTAI N PFmPf:RTV S i TUAIED I N THETOMINSH I P Oi' M l i}DLESEX I N THE COIA~i'Y OF ClAtia AND GfI~gMYEALTW OF PENNSYLVANIA, BE 1 Nq MOFlE fULLY DE9~i 18ED I N A DE® DATED 11/1!3/'1898 AM] Fif=CCAOED X7/20/'1999, AfA01VD THE LAND WECQRDS po~fp-rr~fl~E axf~TY ANp srgTE sltT Ft~RTH +480v~, I1~ DEED vv1.u~ 2oa OA-29=t1i N11'G~ Z~11. TAX ~1~{1P ~ PANEL IL} NQ.: ~~°~J~OA~1~~A PAgOt7Bt ~l~f~~~~1~~11~~~1~~~N~i~~~~1 *N3aoFta7p~NRf " ~~T~~+'~ ~ G " 9RIOlMILL 10-28-' 10 11:31 F130M- Ott-2b-2010 li:t8a~a Fram- T-549 P@608/®016 F-15Z T•T68 P.tlt}9/011' F-26B -2- TOGE7'HBit wigs sl! the improve:ppe~t8 fNDtP ar hereafter erected oa the property, and ail easaptrnta, rights, appurtortapcae and ntdn>a, $11 of whieb shall ba deemed m bo artd reraeia a part of the propesrty oovaxed by this Mongage; and all of the foeegolog, together with said propany (or the lexebltold esCate if this ~Q4iCMC416 till 9 IAid,1 Am hraninrtftrr rr•frrn~ try q rho "pmparty.' Borrower covenants that Borrower 38lea+futly 6eieed of rho state ha~by wsrvoyed and baa the r;&ht to meartgego, grant and convoy the Property, sad that the property ir! uaonau{Itbered, except far encus>Fibrancee e>P re:cord. Ilarrawer cavedsnte that Borm+Wet watyatlta end Wip deiaid ge~neratly tllc title to the Propesrty against all claims and eiomaads, subject to eatcuatbreaeea of xocord UI~YORM CaVP.NTAN,i'3. Borrower a:Yd Leader esetvGnaat ppd. agroo as folloars: 1.1'sy~ent o[ >P'rmei[-al and interost at Variable Rates. "Tblis mortgage seatts+eu all paymersrs of Qrincipal and iatemmst due ou a variable rate loan. 'i:hn connect rate of inteasat and parmeat amotsats may bo subject to change a6 p~rovidr~d is the Note. Borrowers shall ptnaegpt}q pay when dire all amounts requjmd by the Note. 2. l7uads tart Tsrles and Iaeuseace. Subject to applicablo lsw and only if rogsusted is rvritiag b,y Lender, Bormmsr shall pay to I.entier on ttc day monthly payments of principal and fiats are payable under the Note, merit the Note fie paid in full, a steno (hertun "Puads") e>gual m otx~tweltth esf the yearly lease sad eaeoasateat~Ce (lnclydittg coadomirtiurrs sad plamsed twit development ammametnta, if anyj which may attain priority aver this 1Vloet~ge end ground tsars oa :rte Frvpasty, if any, plus aaa'twelfth of pearly pramiurn Ipssallrnestts for beaprd ieeuraaca. plys vna-twel~ of yearly premims inBt$llmoute tar mortgage insyraaee, it any, eU as vnaWY 1~histtetapd ipitiatly and from time to time by leader as the basis of aesaoame~nts and bills seed raesonable estifoatrs thereof. ~pn+awer shall not 1~Id obligated to metre such paymapta of Ptlnds to Laxsder to rho oBtmt that Borrower makes such paymeaup to the balder of a prier mo~rtge8e ar dead ol! tryst if such balder is an it>$titutioaal lender. if Borrower pays Puads to header, the Puttde shall be hold In an institution fire e9aYaoeits ar accassaus of which are in®tttxd or guarpnteed by a Federal or sate agency (includstg Leaders ii Lartdmr is stulx ass institution). Loader shall apply the: Panels to pay said tease. tseae~memta, inelunmx premiums end ground re:nta Lsadex may lent chsrge~ !nr wo holdiAg sad applying the Pyade, apalyziag said account or vcrifyiAg and aompililog avid aeatsemeats acrd bills, ualeas Leader pope Borrow+pr intorpst on the Fandn and applicable law perm;ta Lmdor to matte such a tsharge. Borrower ~ I.euderc may agree in writing at rho liras od• ettescution of this Moregage that interpbi on the )?uuads olwtl be ptid to Borrower, and unless such agreemtn-t fie mach or applicable law rs:q»iros such ilttercet to be paid,l•,ender siteli not be required to pay Borrower aaq iatereat ar eatssitlp on'tlae Pynda, Lender s1ta11 give to Barrwvex, without charge, art annwl sarouuting of the Panda showing crodita sad dabitn to rise Fttt-da and rho purppbe flu wbiGb cash debit to the T'~tttsds wee asa$G. ?Jte Fnad4 are pledged as additional security far the eaters aecuttiod by. this Mortgago. If rtes amoux-t of tl-e Puads hold by Loader, together with rho fvturo rnottthly iastall~aients of Puads, payable: prior to the dub dat~oe of tpteas, easr~smesits. inearanoa presniuma and ground rents, shall e>aeeed the amouaz ragturod to pay Bald tasa;s, abseasments. iAaltrattce ps+omiume Wild ground :+artffi as tboy fall dun, stub. eo~eBS shall be, nt Pomocvar'8 aptiefu, oithet ~atmptty re~eid w Borrower ar ttrodited Op )3ortower on masrtlsly i~tal3ments of Fwtela. If the amount of the Funds held bq Lender shall not bs euf~aut to pay seats. as~emente, insurance premiums sad goyttd Conte os they fail due. Barroavcr shall pay to Lender pap amount neaesentp to nsal~e v~ rtes deficiencp iA doe or r>90ro paprner<ts eye Leszsder may require. Upon payment in full of all sums stxtlrod by five MoXtgagc, Lender shall pramptiy refund to ]3arrowar arty fuude held by bonder. It 1-oekr paragraph 17 hereof 11te Prog~etty fie sold or the Pmpcrcy a~-xe-oz arr~ ir~er~~~~r~r~~rr~~nrr~~~~~~ ~H3A~t=TAtpA9~AR090aDPAt101lBRaM~4rptiElJ6T~IN • ORlGINAI raaotza2 ~ 183GE'60 143 11~-28-' 1D 11:31 FBOM- Oct-26-1010 it:l9am Fros- T-549 F~©89/®016 F-152 T-T69 P.O10/DIT F-266 -3- is ptheraisa acquired by lt~adet, mender shall apply, fla Teter than ixnsytediatealy prior to the salts of the r'roperty or iTS acquis;tioa by bander, atz<q Ft~nde held by I:~et-delt ax rho time of appliesatiua se a credit agaiara the soma assured by ttdet Mortgage. 3. Applic~atie~ri of Paymoata. F,t+cept for loans mach purtiwnt to the Peaneylvaaia Coosumet Discount Compeay Act, all paymeittte ~~ by T;eauder uit&r the Nato and paregi-ephs 1 sad 2 hertot shalt be applied by L~ t`urat in pa~yroortt of emPunts payable to Letlde:r by l~orrawer under paragraph Z hereof, shin to vaTereat, sad thou t4 she principal. ~. Prior Mactsagw sad Detect of 7ruat; Chasgne; 'i,iens. Parrawcr shall perform al3 of Borrower's obligations undat say ASOrtgsga. ek+ad o[ crust or other eecuoiC9' ttgpeemtatt with a lieeti which teas praatity over this Mortgages, i~lttding Bemotiror s oave:aenta to make paymeurro when due. HorroWtr shall pay or t:aurc to be paid all facers, esse~nemtr and other ehergea, title9 and itttpasitienyet 8ssribuiable to the Prapcarty which may attain a prioritq over this Mortgage, sad leasehold paytuesnts ar ground rents, if e+ny. S. ~ezatd Knsa:a~ne~. Burrovrmr shell keep fhb itpprovesh,ente now caieting ear hestetter ertscteY3 an the Propcrtq insured against lase by tire, ltexatda included withiq the terry, `esxtendod coverage," and such ochdr l,azarde ew Cemetery may regwre. ~'he: inriuraaCe cartttr pruvieliag the insuranot elsall ba chaeien by the Borr'owed' subjaest to apptavat by Lander; provided, that such ap~praval otsetl not be un>asGaebly withhold All inslsranae policies and resnewals 'tholraai shall be in a foam acesespssblo tie Lender sad edrsll iacludo s et$nclsrd ~ortgaga cleiuse in favor of and fit afatna ae:ceptable to Lewder, Liendor shat) have thv righr ~ hold the Poiicira and reatewale Tbior~eof, seabixt to the tame eyt any mortgage, decal eat trtsas or other securisy egetxme>szt with ti lien which has priexity avaa~ shies Mprtgaga. Fn the evens of loss, l3otnnwa' shall give prompt ~pe)tice to the ineurane:El carrier end Lender. I.endtar mar maiCe prnot at lae3~e it tte)t rtuete promptly by BorroWOs'- Tt the Proporry is abarsdnmed by l3orrowe;;r, or if Bprxowa sails to respond to Leader aithia 30 days front she dace notice is rsieiled by balder m $orrawwot s4at the iaattt~aaex earrieu ofiem to settle a claim far iesanreadao Nita, I.aaaae• let atylkotiseul oo settee[ a+id apply thoseen>a~e9taa prooaado at Lsndsr'o option eithtr to rtsfcorasion e7t s^apsic o[ thePropettynrto then sursta secured by this Mortgage. d. i~selearvatloee and 11Raleaur<eaaoo of Progeny; Y.waeheyids: Condcrrnlnbena: P1a..aet7 U.~;t bevelo~feaaats_ )f3aa~x~owesr atoll kxp the Property is goad rspai* and shall noL eesmmit waste ar permst i,npnir~rant'or dewrioratian of the Pre~pesaty anal shelf oaureply aitb t:6e ptvvieioaa o! say lease if this Mortgage is oa a leasehold. Ff thse Mortgage i8 an a unit in es cnmdafminium or a planaesd unit desvelopmesnt, Hat~ieare~ shall ~pexfemn aU of Borrnwex's obligatiass under the desci~atioo ex covemaeate cresting or goverYiiQg the eondamiuium nor pleased trait de:velopmaot, rho by"Iatva and negulat+ons at tht caado~ainiuet eat pteanesd utritdCVelnpmaat, and ooetstituait eloeutnesnta. T. Protsrtian of Lrcndesr'a 5acurity- Ii ~orrenrrz fails to perfesrm tiu covenants artrJ rygrtrnmrnin coretaiAad fry shin Mdtt%age. oe it say action or proeaedirigia comrrtoaced which materially st~cte Lrnder's intareet iu the: Property. then Iasdet, at Leader's option, upon notice to Borroter, may make each appearbretas, eliabylrea rusts etumei. including raaeonable etsorneyo' fees, and take such aet-on ae lei nesceesarp To pre)taet Le»der'a igtetcat. AtyY amoutyte disburBCd by Lewder purenaot to this paragraph 7. with itltCteal[ thereon. st the corrtrect rata, shall irecorrl<e aetditiooel iadebeedaeseea esf $ortowex ae,Cw~ed by this Martgega. Ildesae Borrower and Condor agree tv othvt tams o! papra~t, such axnounta elhsll lac petysbla ap0a ~ioa tram t,eudes to Borrower requesting payment the:seoi. Nathiag contained in this paragraph y stsall requite Lesssdor ua incur aayctpoarse or take ~ sctiem~. 44-Z9-02 AAT'6 PAa01Z83 ~~~~~~~~~~~~~r~~~~~~~rr~~~ +418AOf?Aia1L94nTGa000PA0Q12B30~1A11F11~TEifa ~ nR161HA1 ~t ! 836PGp 144r 10-28-'10 11;:11 FBGM- Qct-28-2410 11:19am From- T-549 P0010/0016 F-152 T-t68 P.41t/OfT F-268 -4- B. Inapection~ Lender may talcs or cause to be made raeaopable entraca upon sad inapvGCioas of the Fraptrty, provided that Lender shall pva Borrower notice prlar to say such iospectioa 9pdai~ySng reasanablecau~therefotre]eted toI.et~det'eimarartinthepropatcy. 9. Candemrntiou. The praceade of any award or Claim Ear damages, direct or cons~egt~tiel. in connection with say condemnation or other taltiagdE the Ft+opsrty, orpart tluaroof, odor oonveyeata iA lieu otcoadomnation,atehereby a8si$nodand e'he11'bepald w LMgc3eu:, eu'bjoct turbo towns of any martr~age, deed aftnascorothorsocurityagt+xr~etent Withaliouwbacbbaaprlorityov~ttieMongage. lQ. Borrotrtar Nat Rn]aased; )Porbesuraace ~y Lender Not a Waiver. P.~ttanenn of t>m time for paymcsst or tstodificuiari 6! errygrr3aotion ad tbo sums aec,sted by flue Mortgeg~e granted by l;.andor to any sucwesor in iatet'a0R 4E HatrawOr ehal! net operate to t+elea9e, is any rnaanor, tl-a IlrbiGty of tlta original Barrvtrdr and Bartover'e eucaa~ors in intceret. Leadrr s6au sat be noyuired w caeanaateaa proceedings against such euccansor nr reftiseto cztzad time for payment or othou~tri~ modify atnortiaatioo of the earns seauredbytaiaMortgsgebycoEsaydemeadmade bythaorigittal BorraWeraructBorrowor'sauccessatn iniaYerast. A~aytarbereaoc byLender in erraariaittg anprigkt orremody )serauader. or otltenlriaea~arderl by apglYCable late. shall not be a waiverof orprocluda theaxerciea a~t any auehriglttar t~omody. l1. satcrsaoes aqd AAStpxs sound; Joia~ end 8evsral Liability; ~o-giraers.'1~ecove,7tauta and egroarnuoats betels aantainod shell bind, and therighte hereunder shell itiuro ta, the respectivesur;Ceesors attd assigns pf Leader and Bormwer, subject to the ~pt+aviaioas of paragraph 16 h+mot All covcosat9 std agreements of Bomowor shell bo j~iut and eaves[. Any 8orrpyvor who ao~eigpa this Mortgage, but dabs net eaecuu the Nate, (a) i& ea-sigaiag this Mattgaga aniy to mortgage, g~eat and oomveytbat Bort+OW'er'8 int~'eat in the Property to Ltr wsdor the terms a~ this Moregaga, (bJ ie notpersonallp Iiablc oa the Note ar undo this Mortgages, sad (c } agroce that I.andar sad an,Y other Borrower heretmder may agree to croand, modify, forbear, or males any other tcCOrtrmW3atipp6 tri'th regard to the terlms of this Mrrtgaga or the Nate without that Harrower'c consent tdd tvitlldttt rrleaeing that 73arramer nr mrtrlifyine thix Mnrt,~nec ea to that Borrower'sinterr~tisythe Property. 12. NgtiCb. E>tcept ~ aqy lyotie:o rngmrcd under applicable 1aa to ba given<itr anatbesr manner. (a) any rtotiCe tD Borrower provided tar is this Mortgage shall bb gl,-roEl by delivering it ar by raeiliag such notice by csert;fied mail addreasod to Barmtror at tho Prnparty Addrrgs or at such other addre~ as Bprrewrr rnaq deaiga$te by twtioetu Leader ae pmvielod hestia,and (b) any notice toLeadcc shall he given by txsl'tified mail 0o Lender's address stated herein or m such otttar sddre~ as Lender may designate by notice m Borrower es pravidod heroin. Ant naifca pafavidad f1-r iu flue l~lgey,c bl,all ~o ~lwusal l., have given to Ilarrawcr ac I.exidor when gluon iri the meaner desigsatesd la~t+ean. I3. Csovarnirs= I.aw: geverab~ity. The applicablo law cgritairied is the Nate elabll control. Wharc ryo agplicablolawieroutaaa~edtAercir,,theacateaadlocallaavsappltaablc+tothinMrrtgegoshall bethclawav#tha jutiediation lzr which tiho Property ie located. The EomgoiaS e+ettteotees mall sot limit the applicability of Federal law to this Mortgage. In thaevaat'kltat wry pm~vielon or elauao e>i this Mgrtgagcor dye Nom conflicts frith applicable law. sash conflict shall riot afteat atlalaK prorisione aE this Mortgage or the Note tahich cart bo given efface withotn t]u canflictias provlston, and to this end the provisions of tkis bitlmtgag$ a~ad tTte Nate are declared to bo severable. As used hdreiri, "tosos," "expenses" and 'attorneys' ~a+e"include all auras to the eXtLflt notprohibitodby applicabiclaw or lisnitnd hyusin, 14. Borrarver's c.~py. Bortotrer shall be furcfliahed a wnforaaed aapy of the Note end o€ this Mortgegesattltetitttopf oxecutioa oraftor rocardation het+eof. I S. ~tcka bilitatian Load Agreernont. Hortuvr~ shall ful!"ii1 alt of Borrower's obligations under a~qy horae> rohebilitatian, improwsmaat, repair. ur other loan agreoment which Borrowex colors into with Lander. Lmdor, at Lender's option, may roquira ;Baanwec to erocute and drdivcr to Lender, in a farm accaptahle to Lender, an asaigurrtajtt at e>~~ rigA~ta~,ue~leseims or dofaaem which Banowes mayp l~~va agaic-st 4-29-D2 ASYG p~~~l~B ~~ 1~~1llnt<ti' Pa~otist ~1of7A70~~a9ea0PAaa129eW~~4wJ~67EIN ~ Da1g~tW, ~y ! ~~~Tr~ 1 ~~ 10-28-'18 11:31 FF30M- Oct-28-241Q 11:20an Frpm- T-549 POO11/O~16 F-152 T-Tfi9 P.D12/OlT F-268 icy ~~ vi the property as 16. Sransft~s of the Frb ~ ]3orfower sells ar iYSnaten9 aU or atey' paw an iatczeat thetwiai, ~ud~6 {a} the cteat)on at a lien at esncu~nbd8ttce sabatdie>nta Zo this Martgsge, {bl a transfer by devise, d,t, or by operation of late upon ilea death oY s joins tenant, (e} the grant at eny leasehold interest at ttrzm rwae, w l+rae sat ebAtaitsiOg au opdnn. to rlttrhHeiO, (il} tli4 Gt9g~1~ of a purchase mans, secWitY intere8c far hou~hold gpptiaacxe, (4~ a traaatar to a relative ~Wltang tram the death of a Borrower, ({} $ transfer wher~5 the spoons or eltildreee of the Boemwet became an owner at' the proprrty, (g) a traaafct rt~itiag from e; dacrae of diaaolutian oY msrriase, legal e:oparation asraoenent, ar frarn sa iaaideata! preperty settlement agreamavt. h9 ~~~ {be spouse of the Bem~war becvrao® as owner of the prapeCty, (h} a trateefar into an inter elves a ~t~ w~tY $orrowe+r is sad remains a beneisaiary and whlcb does net relate to a ttaaafervo~ ~~ by the it! the groper'ty, ~" {i) eny otb~cr traaefeL' ~' digpoeitioa described is regal Pederal I3or~ Low ~~ Heard. Barrowar ,9ha11 eausa to be subrr~ittod iteformation tequirod by bander tb avafuase the transihcee es it s near loan ware teaia$ unlb8e Lend~ea~eea Bvrmwtr is caatinue ra he obligated under the' Note and #his MarTga$e writing, r{ ~drr dose not agnx to suoh sate of tratlafer, L.eaad~r snap datlsre all of the stems a0eurcd by thts Mortga~ m be iriatpediateTjt due and paysbla. if Lender euer+eises Wch option to aecclerata. Lender shall ma)I Dnrmwer teotitce of acceleteriam in sacardance ta)th paragraph l2l~esnof. Such ziatiee shall provide a petlad of not lase than 30 days fe'oat the date flee seotice ie mailed or delivered within which Bormwa~r may ~y the stmae declared dlee• I[ Bprrowor fails to pap 8~ph e~ums prior w the dtpiration of such period, Lend®t teaaq, witteoen further aOtiae or dernaad on Borrower. iavoka say remedies pctautt4d by paragraph Xy hrreof. NON•UN1PdRM COV L~IVAta78. ljorrowet axtd I.~dor !w•thar roveaant and ug~c as follower 17. Acaoleratioa; 3tioe4edies. P.z;~pt as provided In pst~sgrapli l6 haraaf, upon 8arrowor's d' the co'Ya,~nRa to breach of any covariant nr agreenNant of Horxawer iri this Mortgage. i~la ~ pay whtin duo say sumlr aarUrFd by this Mortgsga, LeIIder peyor tQ a~plearation eb.Al1 give notice to Harrower as provided itt pastgtaPL 1x hcreaf apectifyio~ (t1 the breach; (2) the series regteir4d to curb rush breach: (3} s data. not lass than 30 days treat the date th4 uotivo is mailed to $oorrwer, by trhtt.$ stub breaaL moat be cured and Id) that faiban'o to curs s+ucl~ bi~sach an of before tTsa data apeaifiad >n the notice may result in accainr~tiaa of tko arms aaaared by t'hie 1Viortgege. ioroclosure by judicial proGacdiIIg, afld sale of the property. 'X'Ue aaticc sha31 ivrther iatarm Bprrptrer of rho right to PeiaatatE afuR accolua#iaa and the right to assert fa the forealpsare proceeding the noael[isteltice of s datanlt or arty other dafanse of ~nrrorrer to accelert-tio~d abd l~oreclostere. H the breach is pot cured ~ or bcfare tlee date specitiad ire the Mice. I.ssider, at Londdr'a option. may declare alt o! thA some aecvred by this Mortga~ to be iseamedtatoly $pe: attd paYable'witboM inrihar demand and p-aq feareeloaoe t1ets 1~tostgaga bq jnditdal ptoceediag. Lander shall he oatitl+ad to eolleet in suelt procoedmg all t~tpeases of foreclosure, anal°aia~, tiui sat lfttrited ta. xeasoaiblt xttorneya fees and costa of documaataty evidence, eebstrae~ts sad title t'cports. 1$. Harrrawer's Right to $oi~nstste_ Nttt~tbstanchag ~~''a atatleratidn of the sums by #hxe Mortgage dean to flostower'a breach. Harrawar shell have the right W have any pt~acaedings btgua by bender ttt enforce thi8l~+~rtgBgaa d~econtiaued at an,9 time prior to entry of a ,jetti$meat M a ~~ ~d Mortgage iE: (a) ?~orrorQ ~yB odor all soma which would be then dum vat the Note had no sctderatioa occurred; (b} Borrower cttres all breseltea of anp other cpvcnants ar PAD012B6 4e-29-B2 f~ITG ~rir~rr~~~i~r~rrr~r~r~rr~r~rrrr +ar1-o~~A~Ol10nu7ainaoPA091TASfN~~HMI~6YE1N " OH18tNAL ~1836P60146~ 10-28-' 10 11:32 FP(lM- Oct-18-2010 11:10as Fraa- T-549 POO12r'OO16 F-152 i-T69 P_013/OlZ F-268 u~ ~cnta of Harrower c~nuir~dd in th3e Mvngage; (c) Borruwca~ papp all reoeo~arblo expoosses by I..c~deT ire eaafarang rho cra7ra~rs and agraeaneara of 1latrower rt+atainact is t]-ic 11~ortgage, e»d in draforci~ I~dct'et romedica rs provided in paragraph 17 heroat. incJudi ag, but Hart limited to, n~sorrsble etmrneys' lees aiad (d) 8arrrasver takes such acdon as ~.ondar mtay reasonably requiro to Beaune Chat the Iioa of this Martggge, I.~det's inteteet in rho Propertiy sad Borrower's obligation to pay the sums sec7rr+ed by this Mortggaga atlell c+ont~nus ttoi U Bch and cure by Borrower. this Mortgage and the abti m~~' ~ payment ofixt as if m nccekratian had occurred. Satiosae socured heavby shell remain in full force and !9. Assigasrnnt of Bents; Appointsrrent of $oceiver. As additional security henevadear. Borrower bernbp assgna to Leader the route of the Fropartp. prnvidod that ]9orxn7Kar aluill, prior to accoleTation under paragraph 17 harmf, in abandonment of the Froperty, have the right to collect and retain each rents as they become due and payable. Upon acceieratioa- under paragraph 7 lrcmof or abandonment o! the Prvpcrcp, IAndbt shall be rmtatlr;d cd have a trxxdver appoiutod by a Lour[ t4 4ti#47 Upon, aka pnmeswinn of hers mattrgc+ the Nraperty and to codleCt tlto rents of tlyo Properq intludiirg those peat due. All mats colleotad by the receiver shall be app>ied Plret W payment at the testa of managerneat of the Froptc4y sad ,~lleccirnl of rents, iac]uding, but not limned to, 1ticEiver'9 tees, ptemiu~ on YCCblvor'd boAde atld ,r~raab,oabla atxorn,csys' teas. sad tltm~lt no the suttt6 sacuteid bX thlr Mr-rtga~e. ~ re,ceivor shall ba liablo is acaounc only for those re,om actual]y rxotvod. .~0. Acltcssa. Upam payrna~nt of ail sums agcuttiad by this Mortgage, I~errdar shall release this Mortgage without cbargp to Born-wea. Bartpwer shall pay ell macs of raotdatio~q. it any. 2t_ Waiver of Honuetaa~l. Harrower hereby waives ell right of homestead esempticm in the Property uadet exstn or Pectoral lar. ~2. Interest Hato After Judgmoat. Bonamer serene tho interest r$te payable after a judgment is entered an the Note or in ar7 acdoa of mortgage faroclneum shall bo .~ rata ~~ ~ the Nota. ~3. Arbitrtrtion Bider td Nnta, 17ie Arbitiratian Rider attached m and toads a part of the 11Tvty is hereby iucarporatod try roiesernce sad made a part of this Mortgages 08-Y9~OZ MTG 1~~~~~~.~~~~~~~~,~,~~.~~ PAC07286 ~r3a0F7ATO89AYTG9oooPAOO12860~"4111UEABTErN ^ aRraluro~ .- WI ~ DJ~~~U 1 ~~ 10-28-' 1Q 11:32 FF3QM- Gct-2B-2010 11 :21 am From- -7- ,~ B,>dQUE5~' FO8 NOTICE OF DEFAULT AND >FQRECL(~URE UNDER gQpHRfOit MORTGAGES OA DEETlS OP TRUsT T-599 P0013/e016 F-152 7-t69 P.014/DI7 F-266 Forrowor add araad~' request the holder o[ ~ martgsCa, dead of trust or other encuesbranca with a ]ivir which ~ pr'i~tY aver thi® Mortgage to give Natioc to Lander, 6L Candor's oddre+os Sec forth an page one of this Mortgago, of sup deRauh undrsr the superior eaceunbraax and of say Bale or txher foruclos~ actiost. n .~ / ~RIA1Q L. HAUENSTEIDT -aora•owar LISA A..HAUENSTE><N -Borrowtt I hereby certify that the praciaa address of the Condor (Morrga¢ee? ~: • 4 t 0 A AT,ISLE F7KR _SL _r 104 MECHAiVICS PA 1 0 Gtr behalf Of the LAttdrx. ley: M7.CAL R. LEE Title: AR.~S'(T snt.Pfi ANAGER COMMt~NWEALx~ OF PENNSFLVANIA. CiDMBBRLANIy C4~~ ~' ~~ CAI~OLL J. WILT a Notary Pttblit in and for Said county and state, do hereby Y t nrID LYS~ A. SAUENSTI±IN, HUSHAi3D AKD WIFF l8 y trawa to mom rsame pcssoa e w pamo s ARI; au to tye fpt~e•~oinS iaspument~ appeared before ms th{e day is person, and scfcnocv get i T haY aigtted and delivered the said rnstr-~mbgt aeTS2IA OWN fcao vaitlatarp act. foi-thc uses azxd purposes therein art forth. Given tinder my hood end o#6cia1 Beal, tfiie lOTg day of SEPTENIDER . ZO W3 NorluW seat Caton J. fit. fVmry PotiUc gpabaa lY~p, Adm. ~"~'41 7Ytr {bnlnY•dan ~a t7ec. a, aQ46 tAenlua-, PerMe n~o~ie~an er No~lea public This ir~orumnnt was prepared by: 3ANINE M. SHEAFFI;R IN^me1 4510 CARLISLI~ PII~, SURF 1.R4 ~MEC8A2QICSBUILGsPA X7050 (Addre9~1 (Space $ebw T1-I~ Line Reeer•ed Pot l,apdor dad R~aard~o- Retain Ta: Ctaootds Freoe~g Strvices o~-x9-o2 [riTG S77 Lamont Rood Pacuti!e~ Eimhtttgt, IL 601 tt ~4f7A7~t9a-i1Gi6oaPAD012BTo"wi1d1EN~TEIro ^ oR1611~ My ComrlYieeiou eripiras: i ~~b1l~gC ex r ea~P~o ~~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Fj(?1+LLr--(b-O'N OF (•r 411' j 2010 DEC 21 FM 3: 0UMBER A LI COijt j.,,' PVJINS `J L! -fA It , Beneficial Consumer Discount Company vs. Brian L. Hauenstein (et al.) Case Number 2010-7577 SHERIFF'S RETURN OF SERVICE 12/1312010 03:05 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2010 at 1505 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Brian L. Hauenstein, by making known unto himself personally, at 391 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. STEPHEN BENDER, DEPUTY 12/15/2010 03:05 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2010 at 1505 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lisa A. Hauenstein, by making known unto Brian L. Hauenstein, at 391 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania 17015 its contents and a the same time handing to him personally the said true and correct copy of the same. ZZ SfEPH-Efi BENDER, DEPUTY SHERIFF COST: $49.40 December 15, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF OTHONOTA"' I MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ( WG 24 32 ID No. 203145 220 Lake Drive East, Suite 301 ^UMBERLAND COURT' Cherry Hill, NJ 08002 PENNSYLVANIA (856) 482-1400 Attorney for Plaintiff File No. 22.14081 Beneficial Consumer Discount Company COURT OF COMMON PLEAS D/B/A Beneficial Mortgage Co of CUMBERLAND COUNTY Pennsylvania, Plaintiff, Vs. No.: 10-7577 Brian L. Hauenstein and Lisa A. Hauenstein, Defendants. Praecive to Dismiss the Mortiaee Foreclosure Action without Prejudice TO THE PROTHONOTARY: Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. Attorney ID N MILSTEAD & ASSOCIATES, LLC