HomeMy WebLinkAbout14-5448 Supreme Cou 74of-Pennsylvania
�.
COuI~ Of.�COmmon�PleaS For Prothonotary Use Only:
C1 W. er Shleet
Docket No: j^!
CUMB RLAND
a County
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as requited by law or rules of court.
Commencement of Action:
S ®x Complaint 0 Writ of Summons El Petition
® Transfer from Another Jurisdiction Q Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
T SMS FINANCIAL XXIX, LLC DANIEL K. MILLER, et ux
Dollar Amount Requested: Owithin arbitration limits
I Are money damages requested? Yes No
O (check one) Soutside arbitration limits
N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? El Yes 1l No
A Name of Plaintiff/Appellant's Attorney: Barry W. Krengel,*Esquire
0 Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim,check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
0 Intentional M Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution Debt Collection:Credit Card Board of Assessment
E] Motor Vehicle Q Debt Collection:Other Board of Elections
Nuisance Dept.of Transportation
Premises Liability LJ Statutory Appeal:Other
S Product Liability(does not include
E mass tort) Employment Dispute:
Q Slander/Libel/Defamation Discrimination
C Other: El Employment Dispute:Other Q Zoning Board
T 0 Other:
I Q Other:
O MASS TORT
Asbestos
N Tobacco
Toxic Tort-DES
Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
Toxic Waste
0 Other: 0 Ejectment [3 Common Law/Statutory Arbitration
B Q Eminent Domain/Condemnation [3 Declaratory Judgment
Ground Rent Q Mandamus
0 Landlord/Tenant Dispute ®Non-Domestic Relations
0 Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY M Mortgage Foreclosure:Commercial 0 Quo Warranto
El Dental 0 Partition El Replevin
Legal Quiet Title Other:
Medical 0 Other:
Other Professional:
Updated 1/1/2011
rt ►
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
SMS Financial XXIX, LLC
Plaintiff
vs
Daniel K. Miller and Debbie L. Miller, h/w 7 '� -
Defendant ,
• CPC ' CD
1ED
S�1
C D C)t.. l
NOTICE TO DEFEND T,
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 AN ATTORNEY AND FILING IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE
MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU
BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE
COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE
PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT
TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
1-800-990-9108
717-249-3166
DOLCHIN,SLOTKIN& TODD,P.C.
By: Barry W. Krengel,Esquire
Attorney ID#28517
Bkrengel@dolchin.com
Two Liberty Place-35`'Floor
50 S. 16" Street Attorney for Plaintiff
Philadelphia,PA 19102
215-665-3506
SMS FINANCIAL XXIX,L.L.C. COURT OF COMMON PLEAS
6829 N. 12' Street CUMBERLAND COUNTY
Phoenix, Arizona 85014
V.
NO..
DANIEL K. MILLER and
DEBBIE L. MILLER,h/w
490 Walnut Bottom Road
Shippensburg,PA 17257
COMPLAINT IN MORTGAGE FORECLOSURE - RESIDENTIAL
AND NOW comes the plaintiff, SMS Financial XXIX, L.L.C., by and through its
undersigned counsel, Dolchin, Slotkin& Todd, P.C., to file this Complaint in Mortgage
Foreclosure and, in support thereof, avers as follows:
1. Plaintiff is mortgagee, SMS Financial XXIX, L.L.C., an Arizona limited liability
company authorized to do business in Pennsylvania, with its place of business located at 6829 N.
12`h Street, Phoenix, Arizona 85014.
2. Defendant mortgagors, Daniel K. Miller and Debbie L. Miller, are adult
individuals with an address of 490 Walnut Bottom Road, Shippensburg, PA 17257, who are the
mortgagors and real owners of the mortgaged premises at 490 Walnut Bottom Road,
Shippensburg, PA 17257 (the "Property"), the legal description of which is attached hereto as
Exhibit"A".
3. On October 10, 2011, in consideration for a loan in the amount of$817,000.00,
• r
y
defendants made, executed and delivered to plaintiff's assignor, Fulton Bank, a mortgage upon
the Property (the "Mortgage"), which was recorded in the Office of the Recorder of Deeds of
Cumberland County on October 12, 2011 as Document No. 201128239. A copy of the Mortgage
is attached hereto as Exhibit`B".
4. Said mortgage was assigned by Fulton Bank to plaintiff and was recorded in the
Office of the Recorder of Deeds of Cumberland County on February 24, 2014 as Document No.
201403845. A copy of the Mortgage Assignment is attached hereto as Exhibit"C".
5. The Mortgage is in default because the monthly payment of principal and interest
upon said mortgage was due on May 25, 2014, and each bi-monthly thereafter were due and
unpaid, and pursuant to the terms of said Mortgage, upon default of such payment, the entire
principal balance and all interest due thereon are collectible forthwith.
6. The following amounts are due on the mortgage:
Principal Balance $ 749,101.01
Interest through September 2, 2014 (6.5%) $ 15,006.76
Late Fees $ 4,303.02
Reasonable Attorney's Fees incurred to date $ 1,500.00
TOTAL $ 769,910.79
7. Interest continues to accrue at a per diem rate of$135.25 from September 2, 2014.
8. Plaintiff is not seeking a judgment of personal liability or an in personam
judgment against the defendants in this foreclosure action; however, Plaintiff reserves its right to
bring a separate action to establish that right, if such exists. If Defendants have received a
discharge in of personal.liability in a bankruptcy, this foreclosure action is no way an attempt to
reestablish any personal liability discharged in bankruptcy, but only to foreclose the mortgage
and sell the mortgaged premises pursuant to Pennsylvania Law.
9. Notice of Intention to Foreclosure As Set Forth in Act 6 of 1974, Notice of
Homeowner's Emergency Program pursuant to Act 91 of 1983, as amended in 1998, and Notice
of Default have been sent to Defendants on the date set forth thereon. True and correct copies of
all Notices of Intention of Foreclosure are attached hereto as Exhibit"D".
10. The temporary stay as provided by said notice has terminated because Defendants
have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or
have been denied assistance by the Pennsylvania Housing Finance Agency.
11. This foreclosure action does not come under Act 6 of 1974 because the original
mortgage amount exceeds the dollar amount provided by the statute.
WHEREFORE, plaintiff demands judgment in mortgage foreclosure in the sum of
$769,910.79, together with interest accruing at the rate of$135.25 per day and other expenses
incurred by plaintiff which are properly changeable in accordance with the terms of the Mortgage
and Pennsylvania law, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property.
DOLCHIN, SLOTKIN& TODD, P.C.
BAeVxInA
. KRtJN(G-E- L, ESQUAttorf
DATE:
VERIFICATION
I,Jonathan Harris, hereby verify that I am the Manager for plaintiff named in the
foregoing Complaint; that I am authorized to take this Verification on plaintiffs behalf; that the
statements made in the Complaint are true and correct to the best of my knowledge, information
and belief and that these statements are made subject to the penalties of 18 Pa. C.S.A. Section
4904 relating to unsworn falsification to authorities.
4� JONATHAN fURkIS
DATE: 1 ,
EXHIBIT A
R-
aEXhibit"A;,
Lecgal D.escribtion
Affthat certain tract ofland and premises situate, lying and'being in the Township of
Southampton in the Countyof Cumberland and Commonwealth of Pe nnsylvania.,more
particularly described as-follows::
BEGINNING ata-pine tree;thence by lands formerly,of William Highland's heirs and Hiram
Highlands, now or-formerly of Delancy and Leighton Baker,Northahirty=nine and one-fourth 09
)degrees'West two hundred thirty-one and-three=tenths(231.3).perches to astone;thence by
„andformerly-ofC. Long, now orform.erly.of:Carl Goodhart,-south fifty4woand one-half MZ.1)
degrees'.West:seventy-four(74)perches to a:plle-,of<stones;thence bylands.formerly:of Edward
Highlands and".G.A..Reese,>now orformerly of-Anna,Faslayand,Carl Goodhart,.South-thirty-
three and one-half(33M) degrees East one hundred forty-seven:and six=tenths:(97.6)<perches
to::a,post;-thence iby land of same,.-North,forty-five;:and:one=half(451.) degrees:fast fifty:eight
(58)perches to the Place of BEGINNING—
A:preliminaWFinal land development Plan forDan e/K:&:Debbie L.Millerwas dated August 7,
2007,and recorded October 18,.:2007;'to:lnstrumentNumber200739961::
BEING,.the°same premiseswhich.Debble.L.Mfi[erand4Danlel.K: Millerby. Deed dated 1.2131108
and recorded 2139130:09 as-Cumberland.Countylnstrument4200902381,:granted and-conveyed
unto Debbie L.Miller and Daniel X.Miller..
EXHIBIT B
ti Parcel Identification O03VEN
�j Number:
39-13-0104-016
RECORDATION
REQUESTED BY:
Fulton Bank, N.A.
Silver Spring Office
One Penn Square
Corporate.Address
Lancaster, PA 17602
WHEN RECORDED MAIL
TO:
Fulton Bank, N.A.
Collateral
P.O. Box 25091
Lehigh Valley, PA
18002-5091
FOR RECORDER'S USE ONLY
*00001-9706722-9008065800000000000000010570000000*
OPEN - END MORTGAGE AND SECURITY AGREEMENT
(This instrument is an open-end mortgage and secures future advances pursuant to 42 Pa. C.S.
§§ 8143 and 8144, Act No. 126 of 1990)
MAXIMUM LIEN. This Mortgage shall secure unpaid loan advances made after this Mortgage is
recorded.The unpaid principal balance.of advances exclusive of:interest and other extensions of
credit secured by the Mortgage made for the payment of taxes, assessments, maintenance
charges, insurance premiums and costs incurred for the protection of the mortgaged premises
shall not exceed at any one time $.817,000.00.
Amount Secured Hereby: $817,000.00
THIS MORTGAGE dated October 10, 2011, is made and executed between Daniel K. Miller and
Debbie L. Miller, whose address is 490 Walnut Bottom Road, Shippensburg, PA 17257-9609
.(referred to below as "Grantor") and Fulton Sank, N.A., whose address is One Penn Square,
Corporate Address, Lancaster, PA 17602 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys,
assigns, transfers, releases, confirms :and mortgages to Lender all of Grantor's right, title, and
interest in and to the following described real property, together with all existing or
MORTGAGE
Loan No: 0001-9706722-9008 (Continued) Page 2
subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys,
passages, and ways; all easements, rights of way, all liberties, privileges, tenements,
hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter,
and the reversions and remainders with respect thereto; all water, water rights, watercourses
and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights,
royalties, and profits relating to the real property, including without limitation all minerals, oil,
gas, geothermal and similar matters, (the "Real Property") located in Cumberland County,
Commonwealth of Pennsylvania:
See the exhibit or other description document which is attached to this Mortgage and made
a part of this Mortgage as if fully set forth herein.
The Real Property or its address Is commonly known as 490 Walnut Bottom Road, Township
of Southampton, Cumberland County, PA. The Real Property parcel identification number is
39-13-0104-016.
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present
and future leases of the Property and all Rents from the Property. In addition, Grantor grants to
Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST
IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE
INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE
IN THE ORIGINAL PRINCIPAL AMOUNT OF $817,000.00, THE RELATED DOCUMENTS, AND
THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall
pay to Lender all amounts secured by this Mortgage as they become due and shall strictly
perform all of Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's
possession and use of the Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain
in possession and control of the Property; (2) use, operate or manage the Property; and
(3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly
perform all repairs, replacements, and maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1)
During the period of Grantor's ownership of the Property, there has been no use,
generation, manufacture, storage, treatment, disposal, release or threatened release of any
Hazardous Substance by any person on, under, about or from the Property; (2) Grantor
has no knowledge of, or reason to believe that there has been, except as previously
disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal,
release or threatened release of any Hazardous Substance on, under, about or from the
Property by any prior owners or occupants of the Property, or (c) any actual or threatened
litigation or claims of any kind by any person relating to such matters; and (3) Except as
MORTGAGE
Loan No: 0001-9706722-9008 (Continued) Page 3
previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any
tenant, contractor, agent or other authorized user of the Property shall use, generate,
manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about
or from the Property; and (b) any such activity shall be conducted in compliance with all
applicable federal, state, and local laws, regulations and ordinances, including without
limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon
the Property to make such inspections and tests, at Grantor's expense, as Lender may deem
appropriate to determine compliance of the Property with this section of the Mortgage. Any
inspections or tests made by Lender shall be for Lender's purposes only and shall not be
construed to create any responsibility or liability on the part of Lender to Grantor or to any
other.person. The representations and warranties contained herein are based on Grantor's
due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1)
releases and waives any future claims against Lender for indemnity or contribution in the
event Grantor becomes liable for cleanup or other costs under any such laws; and (2)
agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain
or suffer resulting from a breach of this section of the Mortgage or as a consequence of any
use, generation, manufacture, storage, disposal, release or threatened release occurring
prior to Grantor's ownership or interest in the Property, whether or not the same was or
should have been known to Grantor. The provisions of this section of the Mortgage,
including the obligation to indemnify and defend, shall survive the payment of the
Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall
not be affected by Lender's acquisition of any interest in the Property, whether by
foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit,
permit, or suffer any stripping of or waste on or to the Property or any portion of the
Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant
to any other party the right to remove, any timber, minerals (including oil and gas), coal,
clay, scoria, soil, gravel or rock products without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from
the Real Property without Lender's prior written consent. As a condition to the removal of
any Improvements, Lender may require Grantor to make arrangements satisfactory to
Lender to replace such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon
the Real Property at all reasonable times to attend to Lender's interests and to inspect the
Real Property for purposes of Grantor's compliance with the terms and conditions of this
Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws,
ordinances, and regulations, now or hereafter in effect, of all governmental authorities
applicable to the use or occupancy of the Property, including without limitation, the
Americans With Disabilities Act. Grantor may contest in good faith any such law,
ordinance, or regulation and withhold compliance during any proceeding, including
appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and
so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized.
Lender may require Grantor to post adequate security or a surety bond, reasonably
+ i
MORTGAGE
Loan No: 0001-9706722-9008 (Continued) Page 4
satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property.
Grantor shall do all other acts, in addition to those acts set forth above in this section,
which from the character and use of the Property are reasonably necessary to protect and
preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately
due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's
prior written consent, of all or any part of the Real Property, or any interest in the Real
Property. A "sale or transfer" means the conveyance of Real Property or any right, title or
interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or
involuntary; whether by outright sale, deed, installment sale contract, land contract, contract
for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by
sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the
Real Property, or by any other method of conveyance of an interest in the Real Property.
However, this option shall not be exercised by Lender if such exercise is prohibited by federal
law or by Pennsylvania law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are
part of this Mortgage:
Payment. Grantor shall pay when due land in all events prior to delinquency) all taxes,
payroll taxes, special taxes, assessments, water charges and sewer service charges levied
against or on account of the Property, and shall pay when due all claims for work done on
or for services rendered or material furnished to the Property. Grantor shall maintain the
Property free of any liens having priority over or equal to the interest of Lender under this
Mortgage, except for those liens specifically agreed to in writing by Lender, and except for
the lien of taxes and assessments not due as further specified in the Right to Contest
paragraph.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in
connection with a good faith dispute over the obligation to pay, so long as Lender's interest
in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen
(15) days after Grantor has notice of the filing, secure the discharge of the lien, or if
requested by Lender, deposit with Lender cash -or a- sufficient corporate surety bond or
other security satisfactory to Lender in an amount sufficient to discharge the lien plus any
costs and reasonable attorneys' fees, or other charges that could accrue as a result of a
foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and
shall satisfy any adverse judgment before enforcement against the Property. Grantor shall
name Lender as an additional obligee under any surety bond furnished in the contest
proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of
payment of the taxes or assessments and shall authorize the appropriate governmental
official to deliver to Lender at any time a written statement of the taxes and assessments
against the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any
MORTGAGE
Loan No: 0001-9706722-9008 (Continued)
Page 5
work is commenced, any services are furnished, or any materials are supplied to the
Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on
account of the work, services, or materials. Grantor will upon request of Lender furnish to
Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of
such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property
are a part of this Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with
standard extended coverage endorsements on a replacement basis for the full insurable
value covering all Improvements on the Real Property in an amount sufficient to avoid
application of any coinsurance clause, and with a standard mortgagee clause in favor of
Lender. Grantor shall also procure and maintain comprehensive general liability insurance in
such coverage amounts as Lender may request with Lender being named as additional
insureds in such liability insurance policies. Additionally, Grantor shall maintain such other
insurance, including but not limited to hazard, business interruption and boiler insurance as
Lender may require. Policies shall be written by such insurance companies and in such form
as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of
coverage from each insurer containing a stipulation that coverage will not be cancelled or
diminished without a minimum of thirty (30) days' prior written notice to Lender and not
containing any disclaimer of the insurer's liability for failure to give such notice. Each
insurance policy also shall include an endorsement providing that coverage in favor of
Lender will not be impaired in any way by any act, omission or default of Grantor or any
other person. Should the Real Property be located in an area designated by the Director of
the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees
to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal
balance of the loan and any prior liens on the property securing the loan, up to the
maximum policy limits set under the National Flood Insurance Program, or as otherwise
required by Lender, and to maintain such insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the
Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of
the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's
election, receive and_ retain.the proceeds of any insurance and apply the proceeds to the
reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration
and repair of the Property. If Lender elects to apply the proceeds to restoration and repair,
Grantor shall repair or replace the damaged or destroyed Improvements in a manner
satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or
reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if
Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed
within 180 days after their receipt and which Lender has not committed to the repair or
restoration of the Property shall be used first to pay any amount owing to Lender under this
Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the
principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of
the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially
affect Lender's interest in the Property or if Grantor fails to comply with any provision of this
. r
z '
MORTGAGE
Loan No: 0001-9706722-9008 (Continued) Page 6
Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge
or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or
any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any
action that Lender deems appropriate, including but not limited to discharging or paying all
taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on
the Property and paying all costs for insuring, maintaining and preserving the Property. All such
expenditures incurred or paid by Lender for such purposes will then bear interest at the rate
charged under the Note from the date incurred or paid by Lender to the date of repayment by
Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will
(A) be payable on demand; (B) be added to the balance of the Note and be apportioned
among and be payable with any installment payments to become due during either (1) the
term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be
treated as a balloon payment which will be due and payable at the Note's maturity. The
Mortgage also will secure payment of these amounts. Such right shall be in addition to all other
rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to
Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the
Property are a part of this Mortgage:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the
Property,in fee simple, free and clear of all liens and encumbrances other than those set
forth in the Real Property description or in any title insurance policy, title report, or final title
opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and
(b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to
Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and
will forever defend the title to the Property against the lawful claims of all persons. in the
event any action or proceeding is commenced that questions Grantor's title or the interest
of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense.
Grantor may be the nominal party in such proceeding, but Lender shall be entitled to
participate in the proceeding and to be represented in the proceeding by counsel of Lender's
own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments
as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the
Property complies with all existing applicable laws, ordinances, and regulations of
governmental authorities.
Survival of Representations and Warranties. All representations, warranties, and
agreements made by Grantor in this Mortgage shall survive the execution and delivery of
this Mortgage, shall be continuing in nature, and shall remain in full force and effect until
such time as Grantor's Indebtedness shall be paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of
this Mortgage:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify
Lender in writing, and Grantor shall promptly take such steps as may be necessary to
MORTGAGE
Loan No: 0001-9706722-9008 (Continued) Page 7
defend the action and obtain the award. Grantor may be the nominal party in such
proceeding, but Lender shall be entitled to participate in the proceeding and to be
represented in the proceeding by counsel of its own choice, and Grantor will deliver or
cause to be delivered to Lender such instruments and documentation as may be requested
by Lender from time to time to permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent
domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may
at its election require that all or any portion of the net proceeds of the award be applied to
the Indebtedness or the repair or restoration of the Property. The net proceeds of the
award shall mean the award after payment of all actual costs, expenses, and attorneys' fees
incurred by Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The
following provisions relating to governmental taxes, fees and charges are a part of this
Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such
documents in addition to this Mortgage and take whatever other action is requested by
Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse
Lender for all taxes, as described below, together with all expenses incurred in recording,
perfecting or continuing this Mortgage, including without limitation all taxes, fees,
documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax
upon this type of Mortgage or upon all or any part of the Indebtedness secured by this
Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct
from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this
type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a
specific tax on all or any portion of the Indebtedness or on payments of principal and
interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the
date of this Mortgage, this event shall have the same effect as an Event of Default, and
Lender may exercise any or all of its available remedies for an Event of Default as provided
below unless Grantor either (1) pays the tax before It becomes delinquent, or (2)
contests the tax as provided above in the Taxes and Liens section and deposits with Lender
cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this
Mortgage as a security agreement are a part of this Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent
any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured
party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall take whatever action is requested
by Lender to perfect and continue Lender's security interest in the Rents and Personal
Property. In addition to recording this Mortgage in the real property records, Lender may, at
any time and without further authorization from Grantor, file executed counterparts, copies
or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender
MORTGAGE
Loan No: 0001-9706722-9008 (Continued) Page 8
for all expenses incurred in perfecting or continuing this security interest. Upon default,
Grantor shall not remove, sever or detach the Personal Property from the Property. Upon
default, Grantor shall assemble any Personal Property not affixed to the Property in a
manner and at a place reasonably convenient to Grantor and Lender and make it available to
Lender within three (3) days after receipt of written demand from Lender to the extent
permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from
which information concerning the security interest granted by this Mortgage may be
obtained (each as required by the Uniform Commercial Code) are as stated on the first page
of this Mortgage.
FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating
to further assurances and additional authorizations are a part of this Mortgage:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor
will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or
to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or
rerecorded, as the case may be, at such times and in such offices and places as Lender may
deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
agreements, financing statements, continuation statements, instruments of further
assurance, certificates, and other documents as may, in the sole opinion of Lender, be
necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1)
Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2)
the liens and security interests created by this Mortgage on the Property, whether now
owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the
contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in
connection with the matters referred to in this paragraph.
Additional Authorizations. If Grantor fails to do any of the things referred to in the
preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's
expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make,
execute, deliver, file, record and do all other things as may be necessary or desirable, in
Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It
is understood that nothing set forth herein shall require Lender to take any such actions.
FULL PERFORMANCE. If Grantor-pays all the Indebtedness when-due, and otherwise performs
all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver
to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any
financing statement on file evidencing Lender's security interest in the-Rents and the Personal
Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as
determined by Lender from time to time.
EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of
Default under this Mortgage:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to
make any payment for taxes or insurance, or any other payment necessary to prevent filing
of or to effect discharge of any lien.
r
y
MORTGAGE
Loan No: 0001-9706722-9008 (Continued) Page 9
Other Defaults. Grantor fails to comply with or to perform any other term, obligation,
covenant or condition contained in this Mortgage or in any of the Related Documents or to
comply with or to perform any term, obligation, covenant or condition contained in any
other agreement between Lender and Grantor.
Default In Favor of Third Parties. Should Grantor default under any loan, extension of
credit, security agreement, purchase or sales agreement, or any other agreement, in favor of
any other creditor or person that may materially affect any of Grantor's property or
Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's
obligations under this Mortgage or any of the Related Documents.
False Statements. Any warranty, representation or statement made or furnished to Lender
by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or
misleading in any material respect, either now or at the time made or furnished or becomes
false or misleading at any time thereafter.
Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in
full force and effect (including failure of any collateral document to create a valid and
perfected security interest or lien) at any time and for any reason.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a
receiver.for any part of Grantor's property, any assignment for the benefit of-creditors, any
type of creditor workout, or the commencement of any proceeding under any bankruptcy or
insolvency laws by or against Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings,
whether by judicial proceeding, self-help, repossession or any other method, by any creditor
of Grantor or by any governmental agency against any property securing the indebtedness.
This includes a garnishment of any of Grantor's accounts, including deposit accounts, with
Lender. However, this Event of Default shall not apply if there is a good faith dispute by
Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or
forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture
proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture
proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate
reserve or bond for the dispute.
Breach---of--Other Agreement: Any--breach by Grantor under the -terms of arty other
agreement between Grantor and Lender that is not remedied within any grace-period
provided therein, including without limitation any agreement concerning any indebtedness or
other obligation of Grantor to Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any
guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any
guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or
revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
Adverse Change. A material adverse change occurs in Grantor's financial condition, or
Lender believes the prospect of payment or performance of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself insecure.
Right to Cure. If any default, other than a default in payment is curable and if Grantor has
y
MORTGAGE
Loan No: 0001-9706722-9008 (Continued) Page 10
not been given a notice of a breach of the same provision of this Mortgage within the
preceding twelve (12) months, it may be cured if Grantor, after Lender sends written notice
to Grantor demanding cure of such default: (1) cures the default within fifteen (15) days;
or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which
Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter
continues and completes all reasonable and necessary steps sufficient to produce
compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any
time thereafter, Lender, at Lender's option, may exercise any one or more of the following
rights and remedies, in addition to any other rights or remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices
as required by applicable law, to declare the entire Indebtedness immediately due and
payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have
all the rights and remedies of a secured party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of
the Property and, with or without taking possession of the Property, to collect the Rents,
including amounts past due and unpaid, and apply the net proceeds, over and above
Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require
any tenant or other user of the Property to make payments of rent or use fees directly to
Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to
endorse instruments received in payment thereof in the name of Grantor and to negotiate
the same and collect the proceeds. Payments by tenants or other users to Lender in
response to Lender's demand shall satisfy the obligations for which the payments are made,
whether or not any proper grounds for the demand existed. Lender may exercise its rights
under this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take
Possession of all or any part of the Property, with the power to protect and preserve the
Property, to operate the Property preceding foreclosure or sale, and to collect the Rents
from the Property and apply the proceeds, over and above the cost of the receivership,
against the Indebtedness. The receiver may serve without bond if permitted by law.
Lender's right to the appointment of a receiver shall exist whether or not the apparent value
of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender
shall not disqualify a person from serving as a receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all
or any part of the Property.
Possession of the Property. For the purpose of procuring possession of the Property,
Grantor hereby authorizes and empowers any attorney of any court of record in the
Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons
claiming under or through Lender, to sign an agreement for entering in any competent court
an amicable action in ejectment for possession of the Property and to appear for and
confess judgment against Grantor, and against all persons claiming under or through
Grantor, for the recovery by Lender of possession of the Property, without any stay of
MORTGAGE
Loan No: 0001-9706722-9008 (Continued)
Page 11
execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be
a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without
any prior writ or proceeding whatsoever.
Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in
all or in any part of the Personal Property or the Real Property by non-judicial safe.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the
Indebtedness due to Lender after application of all amounts received from the exercise of
the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property
is sold as provided above or Lender, otherwise' becomes entitled to possession of the
Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or
the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable
rental for the use of the Property, or (2) vacate the Property immediately upon the demand
of Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage
or the Note or available at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any
and all right to have the Property marshalled. In exercising its rights and remedies, Lender
shall be free to sell all or any part of the Property together or separately, in one sale or by
separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the
Property.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any
public sale of the Personal Property or of the time after which any private sale or other
intended disposition of the Personal Property is to be made. Unless otherwise required by
applicable law, reasonable notice shall mean notice given at least ten (10) days before the
time of the sale or disposition. Any sale of the Personal Property may be made in
conjunction with any sale of the Real Property.
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of
any other remedy, and an election to make expenditures or to take action to perform an
obligatign of Grantor.under this Mortgage,.after Grantor's failure to perfgrm, shall not affect
Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage
or otherwise shall be construed so as to limit or restrict the rights and remedies available to
Lender following an Event of Default, or in any way to limit or restrict the rights and ability
of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor,
surety or endorser and/or to proceed against any other collateral directly or indirectly
securing the Indebtedness.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the
terms of this Mortgage, Lender shall be entitled to recover such sum as the court may
adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
court action is involved, and to the extent not prohibited by'law, all reasonable expenses
Lender incurs that in Lender's opinion are necessary at any time for the protection of its
interest or the enforcement of its rights shall become a part of the Indebtedness payable on
demand and shall bear interest at the Note rate from the date of the expenditure until
MORTGAGE
Loan No: 0001-9706722-9008 (Continued) Page 12
repaid. Expenses covered by this paragraph include, without limitation, however subject to
any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal
expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and
expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic
stay or injunction), appeals, and any anticipated post-judgment collection services, the cost
of searching records, obtaining title reports (including foreclosure reports), surveyors'
reports, and appraisal fees and title insurance, to the extent permitted by applicable law.
Grantor also will pay any court costs, in addition to all other sums provided by law.
NOTICES. Unless otherwise provided by applicable law, any notice required to be given under
this Mortgage shall be given in writing, and shall be effective when actually delivered, when
actually received by telefacsimile (unless otherwise required by law), when deposited with a
nationally recognized overnight courier, or, if mailed, when deposited in the United States mail,
as first class, certified or registered mail postage prepaid, directed to the addresses shown near
the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien
which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, at.
seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any
party may change its address for notices under this Mortgage by giving formal written notice to
the other parties, specifying that the purpose of the notice is to change the party's address.
For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current
address. Unless otherwise provided by applicable law, if there is more than one Grantor, any
notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
ADVANCE MONEY MORTGAGE. (A) This Mortgage secures future advances made pursuant
to the Note or Related Documents. Without limiting the foregoing, this Mortgage secures all
advances made by Lender or Banks of any kind or nature described in 42 Pa. C.S.A. § 8144.
(B) if Grantor sends a written notice to Lender which purports to limit the indebtedness
secured by this Mortgage and to release the obligation of Lender to make any additional
advances to or for the benefit of Grantor, such a notice shall be ineffective as to any future
advances made: (1) to enable completion of the improvements on the Real Property for which
the loan secured hereby was originally made; (2) to pay taxes, assessments, maintenance
charges and insurance premiums; (3) for costs incurred for the protection of the Property or
the lien of this Mortgage; (4) on account of expenses incurred by Lender by reason of a default
of Grantor hereunder or under the Related Documents or under the Note; and (5) on account of
any other costs incurred by Lender to protect and preserve the Property or the lien of this
Mortgage. It is the intention of the parties hereto that any such advance made by Lender after
any such notice by Grantor shall be secured by the lien of this Mortgage on the Property.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this
Mortgage:
Amendments. This Mortgage, together with any Related Documents, constitutes the entire
understanding and agreement of the parties as to the matters set forth in this Mortgage.
No alteration of or amendment to this Mortgage shall be effective unless given in writing
and signed by the party or parties sought to be charged or bound by the alteration or
amendment.
Annual Reports. If the Property is used for purposes other than Grantor's residence,
Grantor shall furnish to Lender, upon request, a certified statement of net operating income
MORTGAGE
Loan No: 0001-9706722-9008 (Continued)
Page 13
received from the Property during Grantor's previous fiscal year in such form and detail as
Lender shall require. "Net operating income" shall mean all cash receipts from the Property
less all cash expenditures made in connection with the operation of the Property.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only
and are not to be used to interpret or define the provisions of this Mortgage.
Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to
the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania
without regard to its conflicts of law provisions. This Mortgage has been accepted by
Lender in the Commonwealth of Pennsylvania.
Joint and Several Liability. All obligations of Grantor under this Mortgage shall'be joint and
several, and all references to Grantor shall mean each and every Grantor. This means that
each Grantor signing below is responsible for all obligations in this Mortgage.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this
Mortgage unless such waiver is given in writing and signed by Lender. No delay or
omission on the part of Lender in exercising any right shall operate as a waiver of such right
or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or
constitute a waiver of Lender's right otherwise to demand strict compliance with that
provision or any other provision of this Mortgage. No prior waiver by Lender, nor any
course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's
rights or of any of Grantor's obligations as to any future transactions. Whenever the
consent of Lender is required under this Mortgage, the granting of such consent by Lender
in any instance shall not constitute continuing consent to subsequent instances where such
consent is required and in all cases such consent may be granted or withheld in the sole
discretion of Lender.
Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be
illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not
make the offending provision illegal, invalid, or unenforceable as to any other person or
circumstance. If feasible, the offending provision shall be considered modified so that it
becomes legal, valid and enforceable. If the offending provision cannot be so modified, it
shall be considered deleted from this Mortgage. Unless otherwise required by law, the
illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the
legality, validity or enforceability of any other provision of this Mortgage.
Merger. There shall be no merger of the interest or estate created by this Mortgage with
any other interest or estate in the Property at any time held by or for the benefit of Lender
in any capacity, without the written consent of Lender.
Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon
Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable
by Lender and its successors and assigns.
Time is of the Essence. Time is of the essence in the performance of this Mortgage.
Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any
action, proceeding, or counterclaim brought by any party against any other party.
DEFINITIONS. The following capitalized words and terms shall have the following meanings
R �
MORTGAGE
Loan No: 0001-9706722-9008 (Continued) Page 14
when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar
amounts shall mean amounts in lawful money of the United States of America. Words and
terms used in the singular shall include the plural, and the plural shall include the singular, as
the context may require. Words and terms not otherwise defined in this Mortgage shall have
the meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word "Borrower" means Daniel K. Miller and Debbie L. Miller and includes all
co-signers and co-makers signing the Note and all their successors and assigns.
Default. The word "Default" means the Default set forth in this Mortgage in the section
titled "Default".
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and
local statutes, regulations and ordinances relating to the protection of human health or the
environment, including without limitation the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.
("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No.
99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at
seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or
other applicable state or federal laws, rules, or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth
in this Mortgage in the events of default section of this Mortgage.
Grantor. The word "Grantor" means Daniel K. Miller and Debbie L. Miller.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or
accommodation party to Lender, including without limitation a guaranty of all or part of the
Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because
of their quantity, concentration or physical, chemical or infectious characteristics, may
cause or pose a present or potential hazard to human health or the environment when
improperly used, treated, stored, disposed of, generated, manufactured, transported or
otherwise handled. The words "Hazardous Substances" are used in their very broadest
sense and include without limitation any and all hazardous or toxic substances, materials or
waste as defined by or listed under the Environmental Laws. The term "Hazardous
Substances" also includes, without limitation, petroleum and petroleum by-products or any
fraction thereof and asbestos.
Improvements. The word "Improvements" means all existing and future improvements,
buildings, structures, mobile homes affixed on the Real Property, facilities, additions,
replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts,
costs and expenses payable under the Note or Related Documents, together with all
renewals of, extensions of, modifications of, consolidations of and substitutions for the
Note or Related Documents and any amounts expended or advanced by Lender to discharge
Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under
this Mortgage, together with interest on such amounts as provided in this Mortgage.
Lender. The word "Lender" means Fulton Bank, N.A., its successors and assigns.
MORTGAGE
Loan No: 0001-9706722-9008 (Continued)
Page 15
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender.
Note. The word "Note" means the promissory note dated October 10, 2011, in the original
principal amount of $817,000.00 from Grantor to Lender, together with all renewals of,
extensions of, modifications of, refinancings of, consolidations of, and substitutions for the
promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE
INTEREST RATE.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other
articles of personal property now or hereafter owned by Grantor, and now or hereafter
attached or affixed to the Real Property; together with all accessions, parts, and additions
to, all replacements of, and all substitutions for, any of such property; and together with all
proceeds (including without limitation all insurance proceeds and refunds of premiums) from
any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal
Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as
further described in this Mortgage.
Related Documents. The words "Related Documents" mean all promissory notes, credit
agreements, loan agreements, environmental agreements, guaranties, security agreements,
mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with
the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues,
royalties, profits, and other benefits derived from the Property.
MORTGAGE
Loan No: 0001-9706722-9008 (Continued) Page 16
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS
MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS
AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A :SEALED INSTRUMENT ACCORDING
TO LAW.
GRANTOR:
` ��2� (Seal)
Daniel K. Miller
��' (Seal)
Debbie 1.. MilI4"'�`
'Signed, ackno ledged and delivwin a presence of:
41
X
Witte —�
X
Witness y
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, Fulton Bank, N.A., herein is as
follows:
Silver Spring Office, One Penn Square, Corporate.Address, Lancester)PA 17602
Xv
L,Adtor,nYy or A ent for Mortgagee
MORTGAGE
Loan No: 0001-9706722-9008 (Continued)
Page 17
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA r
COUNTY OF ) SS h
O this,
the day of
me 20 before
^� Vx he undersigned Notary Public, personally appeared Daniel
K. Miller and Debbie L. I filler, known to me (or satisfactorily proven) to be the person whose
names are subscribed to the within instrument, and acknowledged that they executed the same
for the purposes therein contained.
In witness whereof, I hereunto set my hand and offi '
COMMONWEALTH
Notarial Sealpub11C
H.Anthony AdaM, ary otnand County
ShippenSbura Boo n May 31 2414 otary Public in and for.the State.of
My GarnrnisstOn siion of NotaTV's
Member.Pennswvbnl�a
LASER PRO Lending, Ver. 5.57.00.004 Copr. Harland Financial Solutions, Inc. 1997, 2031.
All Rights Reserved. - PA L:\LPL1COML1CF1.1LPL\G03.FC TR-48390
EXHIBIT"A"
All that certain tract of land and premises situate, lying and being in the Township of Southampton in the
County of Cumberland and Commonwealth of Pennsylvania more particularly described as follows:
BEGINNING at a pine tree; thence by lands formerly of William Highland's heirs and Hiram Highlands,
now or formerly of Delancy and Leighton Baker, North thirty-nine and one-fourth(39%)degrees West two
hundred thirty-one and three-tenths (231.3) perches to a stone; thence by land formerly of C. Long, now
or formerly of Carl Goodhart, south fifty-two and one—half (52 1/2) degrees West seventy-four (74)
perches to a pile of stones; thence by lands formerly of Edward Highlands and G. A. Reese, now or
formerly of Anna Easley and Carl Goodhart, South thirty-three and one-half (33 '/) degrees East one
hundred forty-seven and six-tenths (97.6) perches to a post; thence by land of same, North forty-five and
one-half(451/2)degrees East fifty-eight(58)perches to the Place of BEGINNING.
A Preliminary/Final land development Plan for Daniel K. & Debbie L. Miller was dated August 7, 2007,
and recorded October 18,2007, to Instrument Number 200739961.
BEING the same premises which Debbie L. Miller and Daniel K. Miller by Deed dated 12/31/08 and
recorded 2/39/3009 as Cumberland County Instrument#200902381, granted and conveyed unto Debbie
L. Miller and Daniel K. Miller.
ROBERT P. ZIEGLER
RECORDER OF DEEDS J.
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE -
CARLISLE, PA 17013 =
717-240-6370 - '=
,. d
Instrument Number-201128239
Recorded On 10/12/2011 At 11:45:47 AM *Total Pages- 19
*Instrument Type-MORTGAGE
Invoice Number-94809 User ID-ES
*Mortgagor-MILLER,DEBBIE L
*Mortgagee-FULTON BANK
*Customer-A ONE
*FEES
STATE WRIT TAX $0.50 Certification Page
STATE JCS/ACCESS TO $23.50
JUSTICE DO NOT DETACH
RECORDING FEES — $39.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00 This page is now part
FEES of this legal document.
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL. PAID $90.00
I Certify this to be recorded
in Cumberland County PA
Cp Ct/ya
c ORD —�
n ° RECCORDER O 4 D EDS
rsso
"-Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
003VEN
Il l l ll l 11 l 11 l(I l 11 11�if l[II
EXHIBIT C
This instrument was prepared by
And return to after recording:
Name. Title
Company
Address
City, State.Zip
Space Abode for Recorder's Use On&
ASSIGNMENT OF OPEN END MORTGAGE,ASSIGNMENT OF LEASES AND
RENTS,LOAN DOCUMENTS AND OTHER COLLATERAL
This Assignment of Open End Mortgage,.Assignment of Leases and Rents, Loan
Documents and Other Collateral(the"Assignment")is made as of the W'� day of f-enLlw-20I3,,
by Fulton Bank,National Association,with its principal place of business at Lancaster,
Pennsylvania, (the"Assignor") in favor of SMS FINANCIAL XXIX,LLC, an Arizona limited
.liability company, with its principal place of business.located.at.Phoenix, Arizona(the
"Assignee").
In,consideration.of the sum,of Ten Dollars ($1.0.00) and other valuable.consideration,
the receipt and sufficiency of which are hereby acknowledged, Assignor hereby :giants,
bargains, sells, conveys, assigns, transfers, and sets over unto Assignee, all of its right,
title, and interest in and to that certain deed of trust and/or collateral assignments
identified on Schedule A annexed hereto and incorporated herein .(individually and
collectively, the 'Collateral .Documents") as each of the Collateral Documents may
have:been amended, together with all indebtedness secured thereby and all notes and
any and all other loan documents and agreements evidencing the indebtedness secured
by,the Collateral Documents including, without limitation, all liens, security interests,
and guarantees (individually:and collectively, the "Loan.Documents").. The Collateral
Documents and other Loan Documents shall include, without limitation, all
modifications, restructurings, extensions, consolidations, replacements, renovations,
and amendments thereof.
This.Assignment is made without recourse and without any representations or warranties
of any kind, except for as specifically set forth in that certain Loan Purchase and Sale Agreement
(the"Agreement") dated as of September 27,.2013, between the Assignor and the Assignee.
k
� s ,
IN WITNESS WHEREOF, Assignor has caused this A•ssigruneni 'to be .executed under
seal as of the.:date and year:above:.first written:
ASS `ONOR:.
HILTON. �NA
By:
:Name Christopher L:. .;emko.
Title: Senior Vice President and Corporate Workout
Tvlanager, .Fulton Financial Corporation and Seller's
authorized.representative.
STATE OF
-COUNTY OF Lr/7Ce-s4 f—
.
n the day of , r2,her- in the year- ?0-13 before .me, the
u dersigned, a Notal Puil>Ic in and for ,:said State, personally appeared
? e, : fn-� ,n'ersonally:known to.me or;prn �ec�.to;me on the basis.at:
satisfactory evidence .;,tobe --.the individual' whose :name .is :subscribed to the within
instrumerit. and zeknowlcdged to :me that s/he :executed =the'same in her/his-capacity,,:and.
that by:her./liis signature on tilte ans#rumezit, the:individuals,.or the: ersob upon behalf of:
which th.e:individual acted; ez.ecuted•the,;instrdmernf.
COMMONWMLI i OF PENNSYLVANIA
NotaHal'seal
Katetyn-.Wolf,Notary:Public
Cltyrofaancaster,Lancaster-County.
W Gornmisslow6pires Feb.14;2017
'MEMBEP,PEWMIVANIkASSMATION'OF NOTARIES
l?
s • .
SCHEDULE A
1. Open-End Mortgage and Security Agreement dated October 10,2011 executed by
Daniel K. Miller and Debbie L. Miller for the benefit of Assignor and recorded in the
Cumberland County,Pennsylvania Recorder of Deeds Office at Instrument No.201128239.
EXHIBIT D
Certified Mail, Return Receipt
Nos. 7012 3460 0000 8096 0396
7012 3460 0000 8096 0402
and Regular U.S. Mail
To: Daniel K. Miller Debbie L. Miller
490 Walnut Bottom Road 490 Walnut Bottom Road
Shippensburg, PA 17257 Shippensburg, PA 17257
Date: July 31, 2014
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM FORECLOSURE*
This is an official notice that the mortgage on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
(HEMAP) may be able to help to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this
Notice with you when you meet with the Counseling Agency.
The names, addresses and phone numbers of Consumer Credit Counseling Agencies
serving your County are listed at the end of this Notice. If you have any questions, you may call
the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired
hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at
the Consumer Credit Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
IMMEDIATAMENTA LLAMANDO ESTA AGENCIA(PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA PUEDE SER
ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU
CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Daniel K. Miller and Debbie L. Miller
PROPERTY ADDRESS: 490 Walnut Bottom Road
Shippensburg, PA 17257
Parcel No. 39-13-0104-0106
LOAN ACCT. NO.:
ORIGINAL LENDER: Fulton Bank,N.A.
CURRENT LENDER/SERVICER: SMS Financial XXIX, LLC
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay
of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3)
days for mailing). During that time you must arrange and attend an "face-to-face"meeting with
one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF
YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST
BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW
TO CURE YOUR MORTGAGE DEFAULT"EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES- If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you
for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers
of designated consumer credit counseling agencies for the county in which the property is located
are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting.
Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons
set forth later in this Notice (see following pages for specific information about the nature of your
default). You have the right to apply for financial assistance from the Homeowner's Emergency
Mortgage Assistance Program. To do so, you must fill out, sign and file a completed
Homeowner's Emergency Assistance Program Application with one of the designated consumer
credit counseling agencies listed at the end of this Notice. Only consumer credit counseling
agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from .
filing a foreclosure action, your application MUST be forwarded to PHFA and received within
thirty (30) days of your face-to-face meeting with the counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE
A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK
DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF
THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM
STARTING A FORECLOSURE AGAINST YOUR PROPERTY,AS EXPLAINED ABOVE,
IN THE SECTION CALLED"TEMPORARY STAY OF FORECLOSURE".
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE
TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM
STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY
APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE
STOPPED.
AGENCYACTION-Available funds for emergency mortgage assistance are very limited. They
will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty(60) days to make a decision after it receives
your application. During that time, no foreclosure proceedings will be pursued against you if you
have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT. (If you have filed Bankruptcy you can still apply
for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFA ULT- The MORTGAGE debt held by the above lender on your
property located at:
490 Walnut Bottom Road
Shippensburg, PA 17257
Parcel No. 39-13-0104-0106
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the
following months and the following amounts are now past due:
Prior Late Fees
(Dec. 2013; Feb. 2014) $ 1,434.43
April 25, 2014: $ 14,343.43
Late Charges: $ 717.17
June 25, 2014: $ 14,343.43
Late Charges: $ 717.17
TOTAL AMOUNT PAST DUE: $ 31, 555.63
HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (3 0) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $31,555.63, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES
WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made
either by cash, cashier's check, certified check or money order made payable and sent to:
SMS Financial XXIX, LLC
6829 North 12`h Street
Phoenix, AZ 85014
IF YOUDO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30)
DAYS of the date of this Notice,the lender intends to exercise its rights to accelerate the
mortgage debt. This means that the entire outstanding balance of this debt will be considered due
immediately and you may lose the chance to pay the mortgage in monthly installments. If full
payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
�A%_('s
IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure
the delinquency before the lender begins legal proceedings against you, you will still be required
to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the
amount you owe the lender, which may also include other reasonable costs. If you cure the
default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES- The Lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the
default within the THIRTY (30)DAY period and foreclosure proceedings have begun, you will
have the right to cure the default and prevent the sale at any time up to one hour before the
Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other
charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriff's Sale as specified in writing by the lender and by
performing any other requirements under the mortgage. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a
Sheriff's Sale of the mortgaged property could be held would be approximately six (6)months
from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you
before the sale. Of course, the amount needed to cure the default will increase the longer you
wait. You may find out at any time exactly what the required payment or action will be by
contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: SMS Financial XXIX, LLC
Address: 6829 North 12th Street
Phoenix, AZ 85014
Phone Number: (602) 944-0624
Fax Number: (602) 678-2704
Contact Person: Scott Weinflash
E-Mail Address: sweinflash@smsfinancial.net
EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE- You may or X may not(CHECK ONE) sell or
transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all
the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale
and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY
OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN
ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
CUMBERLAND COUNTY
Urban League of Metropolitan Harrisburg
25 North Front Street
Harrisburg, PA 17101
(717)234-5925
FAX# (717) 232-4985
Consumer Credit Counseling Service
Of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Community Action Commonwealth
Of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FAX # (717) 234-2227
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
FAX#(717) 334-8326
YWCA of Carlisle
301 G Street
Carlisle, PA 17103
(717)243-3818
FAX#(717) 731-9589
Financial Counseling Services
Of Franklin
31 West 3`d Street
Waynesboro, PA 17268
(717) 762-3285
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
OFFic F THE SVFAIFF
LE.D'�11 i�IL_ 3�
�v
j} P OiHONEOl1;r1f
2014 OCT 21 PM 2: 53
CUMBERLAND COUNTY
PENNSYLVANIA
SMS Financial XXIX, LLC
vs.
Daniel K Miller (et al.)
Case Number
2014-5448
SHERIFF'S RETURN OF SERVICE
10/13/2014 03:36 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint &
Notice by handing a true copy to a person representing themselves to be Nickie Miller, Daughter In-law,
who accepted as "Adult Person in Charge" for Debbie L Miller at 490 Walnut Bom oad, Southampton,
Shippensburg, PA 17257.
E, DEPUTY
10/13/2014 03:36 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint &
Notice by handing a true copy to a person representing themselves to be Nickie Miller, Daughter In-law,
who accepted as "Adult Person in Charge" for Daniel K Miller at 490 Walnut Bottom Road, Southampton,
Shippensburg, PA 17257.
ILLIAM CLINE, DEPUTY
SHERIFF COST: $89.20 SO ANSWERS,
October 15, 2014 RONNY R ANDERSON, SHERIFF
(c) CeuntySuite Sheriff, Teleosoii. Inc,
DOLCHIN, SLOTKIN & TODD, P.C.
By: Barry W. Krengel, Esquire
Identification Number: 28517
Two Liberty Place, 35th Floor
50 S. 16th Street
Philadelphia, PA 19102
(215) 665-8000
SMS FINANCIAL XXIX, LLC
v.
DANIEL K. MILLER and
DEBBIE L. MILLER, h/w
PRAECIPE TO ENTER JUDGMENT AGAINST DEFENDANTS
TO THE PROTHONOTARY:
Attorney for Plaintiff' # I CtI 13 i r°i 1: 33
CU •LRI.AA COUNTY
LVRAlik
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION
NO. 14-5448
Please enter Judgment in the above matter by default for want of an Answer against defendants,
Daniel K. And Debbie L., h/w, jointly and severally, and assess damages as follows:
Principal
$769,910.79
I hereby certify that written notice of the intention to file this praecipe was mailed to the
parties against whom judgment is to be entered and/or to his/her attorney of record, if any, after the
default occurred and at least ten (10) days prior to the date of this praecipe, copies of which are
attached hereto as Exhibit "A."
Date:
DOLCHIN, SLOTKIN & TODD, P. C.
By:
B
Attom
engel, Esquire
or Plaintiff
AND NOW, this I $ day of NO J . , 2014, Judgment is entered in favor of the
plaintiff and against the defendants, jointly and severally, for the amount of $769,910.7as per
above statement. 1,
gProtl.on6t
a ikkl A )6,Sbpili.iti
I CJLi1-acs 3S-0
.ii373
EXHIBIT A
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS, CUMBERLAND COUNTY
CARLISLE, PA 17013
DATE OF NOTICE: November 5, 2014
TO: Debbie L. Miller
490 Walnut Bottom Road
Shippensburg, PA 17257
SMS FINANCIAL XXIX, LLC
v.
DANIEL K. AND DEBBIE L. MILLER, H/W
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 14-5448
NOTICE, RULE 237.1
IMPORTANT NOTICE
You are in default because you have failed to enter a written appearance personally or by
attorney and file in writing with the court your defenses or objections to the claims set forth against
you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered
against you without a hearing and you may lose your property or other important rights.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER USTED DEBE LLEVAR ESTE DOCUMENTO A SU
AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO ABOGADO INMEDIATAMENTE. SI USTED NO TIENE
OR TELEPHONE THE OFFICE SET FORTH BELOW. ABOGADO (0 NO TIENE DINERO SUFICIENTE PARA
THIS OFFICE CAN PROVIDE YOU WITH PAGAR A UN ABOGADO), VAYA EN PERSONA 0
INFORMATION ABOUT HIRING A LAWYER. LLAME POR TELEFONO LA OFICINA NOMBRADA
ABAJO PARA AVERIGUAR DONDE SE PUEDE
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS CONSEGUIR ASSISTENCIA LEGAL. ESTA OFICINA
OFFICE MAY 13E ABLE TO PROVIDE YOU WITH PUEDE PROPORCIONARLE LA INFORMACION SOBRE
INFORMATIONABOUTAGENCIESTHATMAYOFFER CONTRATAR A UN ABOGADO.
LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE. SI USTED NO TIENE DINERO SUFICIENTE PARA
PAGAR A UN ABAGADO, ESTA OFICINA PUEDE
Lawyer Referral Service PROPORCIONARLE INFORMACIO_N SOBRE
Cumberland County Bar Association AGENCIAS QUE OFRECEN SERVICIOS LEGALES A
32 S. Bedford Street PERSONAS QUE CUMPLEN LOS REQUISITOS PARA
Carlisle, PA 17013 UNHONORARIOREDUCIDOONINGUNHONORARIO.
717-249-3166
IF YOU HAVE
Lawyer Referral Service
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
Q IONS CONC . ' G THIS NO PLEASE CALL:
, LO. & TOD
Barry . Krengel, Esquire
Two Li erty Place - 35th Floor
0 S. 16'" Street
Philadelphia, PA 19102
(215) 665-3506
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS, CUMBERLAND COUNTY
CARLISLE, PA 17013
DATE OF NOTICE: November 5, 2014
TO: Daniel K. Miller.
490 Walnut Bottom Road
Shippensburg, PA 17257
SMS FINANCIAL XXIX, LLC
v.
DANIEL K. AND DEBBIE L. MILLER, H/W
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 14-5448
NOTICE, RULE 237.1
IMPORTANT NOTICE
You are in default because you have failed to enter a written appearance personally or by
attorney and file in writing with the court your defenses or objections to the claims set forth against
you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered
against you without a hearing and you may lose your property or other important rights.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER USTED DEBE LLEVAR ESTE DOCUMENTO A SU
AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO ABOGADO INMEDIATAMENTE. SI USTED NO TIENE
OR TELEPHONE THE OFFICE SET FORTH BELOW. ABOGADO (0 NO TIENE DINERO SUFICIENTE PARA
THIS OFFICE CAN PROVIDE YOU WITH PAGAR A UN ABOGADO), VAYA EN PERSONA 0
INFORMATION ABOUT HIRING A LAWYER. LLAME POR TELEFONO LA OFICINA NOMBRADA
ABAJO PARA AVERIGUAR DONDE SE PUEDE
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS CONSEGUIR ASSISTENCIA LEGAL. ESTA OFICINA
OFFICE MAY BE ABLE TO PROVIDE YOU WITH PUEDE PROPORCIONARLE LA INFORMACION SOBRE
INFORMATION ABOUT AGENCIES THAT MAY OFFER CONTRATAR A UN ABOGADO.
LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
IF YOU HAVE ANY QUEST NS CONC
SI USTED NO TIENE DINERO SUFICIENTE PARA
PAGAR . A UN ABAGADO, ESTA OFICINA PUEDE
PROPORCIONARLE INFORMACION SOBRE
AGENCIAS QUE OFRECEN SERVICIOS LEGALES A
PERSONAS QUE CUMPLEN LOS REQUISITOS PARA
UN HONORARIO REDUCIDO O NIN GUN HONORARIO.
Lawyer Referral Service
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
G TJIIS NOTICE, P g ASE CALL:
DOL 1N,L & TO
Barry W. engel„Esquire
Two Libe Place - 35`h Floor
50 S. 16th Street
Philadelphia, PA 19102
(215) 665-3506
Barry W. Krengel, Esquire
bkrengel@dolchin.com
Identification No. 28517
Dolchin, Slotkin & Todd, P.C.
Two Liberty Place, 35th Floor
50 S. 16th Street
Philadelphia, PA 19102
215-665-8000
Attorney for Plaintiff
SMS FINANCIAL XXIX, LLC : COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: CIVIL ACTION
DANIEL K. MILLER and : NO. 14-5448
DEBBIE L. MILLER, h/w
v.
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF PHILADELPHIA
The undersigned, being duly sworn, according to law, deposes and says that he represents
the Plaintiff in the above entitled case; that he is authorized to make this affidavit on behalf of
the Plaintiff; and that the above named defendant, Debbie L. Miller, is an adult individual; the
address of defendant is: 490 Walnut Bottom Road, Shippensburg, PA 17257; and that defendant
is not in the Military Service of the United States, nor any State or Territory thereof or its allies
as defined in the Soldiers' and the Sailors' Civil Relief Act of 1940 and the amendments thereto.
DOLCHIN, SLOTKIN & TODD, P.C.
B
Date:
t r
Sworn to and subscribed
before me this /7t7 day
of Nevem her ,2014
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
KATHLYN CAMPBELL, Notary Public
City of Philadelphia, Phila. County
My Commission Expires December 10, 2014
W. Krengel, Esre
ttorney for Plaintiff
Barry W. Krengel, Esquire
bkrengel@dolchin.com
Identification No. 28517
Dolchin, Slotkin & Todd, P.C.
Two Liberty Place, 35th Floor
50 S. 16th Street
Philadelphia, PA 19102
215-665-8000
Attorney for Plaintiff
SMS FINANCIAL XXIX, LLC : COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: CIVIL ACTION
DANIEL K. MILLER and : NO. 14-5448
DEBBIE L. MILLER, h/w
v.
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF PHILADELPHIA
The undersigned, being duly sworn, according to law, deposes and says that he represents
the Plaintiff in the above entitled case; that he is authorized to make this affidavit on behalf of
the Plaintiff; and that the above named defendant, Daniel K. Miller, is an adult individual; the
address of defendant is: 490 Walnut Bottom Road, Shippensburg, PA 17257; and that defendant
is not in the Military Service of the United States, nor any State or Territory thereof or its allies
as defined in the Soldiers' and the Sailors' Civil Relief Act of 1940 and the amendments thereto.
Date: Ct 61? iiy"
Sworn to and subscribed
before me this /7 "4 day
of /✓o vont / er , 2014
No ary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
KATHLYN CAMPBELL, Notary Public
City of Philadelphia, Phila. County
My Commission Expires December 10, 2014
DOLCHIN, SLOTKIN & TODD, P.C.
B
-IA I.4r4
11,
any W. Krengel, squle
ttorney for Plaintiff
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County, Carlisle, PA 17013
Prothonotary
To: Daniel K. Miller
490 Walnut Bottom Road
Shippensburg, PA 17257
SMS FINANCIAL XXIX, L.L.C. COURT OF COMMON PLEAS
v.
DANIEL K. MILLER and
DEBBIT L. MILLER, h/w
NOTICE
CUMBERLAND COUNTY
NO.: 14-5448
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment
has been entered against you in the above proceeding as indicated below.
• Judgment by Default
O Money Judgment
Ell Judgment in Replevin
El Judgment for Possession
0 Judgment on Award of Arbitration
O Judgment on Verdict
O Judgment on Court Findings
Prothonotary
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
Barry W. Krengel, Esquire
DOLCHIN, SLOTKIN & TODD, P.C.
Two Liberty Place
50 S. 16th Street, 35th Floor
Philadelphia, PA 19102
(215) 665-3506
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County, Carlisle, PA 17013
Prothonotary
To: Debbie L. Miller
490 Walnut Bottom Road
Shippensburg, PA 17257
SMS FINANCIAL XXIX, L.L.C. COURT OF COMMON PLEAS
v..
DANIEL K. MILLER and
DEBBIT L. MILLER, h/w
NOTICE
CUMBERLAND COUNTY
NO.: 14-5448
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment
has been entered against you in the above proceeding as indicated below.
Judgment by Default
O Money Judgment
O Judgment in Replevin
O Judgment for Possession
o Judgment on Award of Arbitration
O Judgment on Verdict
O Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
Barry W. Krengel, Esquire
DOLCHIN, SLOTKIN & TODD, P.C.
Two Liberty Place
50 S. 16th Street, 35th Floor
Philadelphia, PA 19102
(215) 665-3506