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HomeMy WebLinkAbout05-5841McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 Attorney for Plaintiff 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 HSBC, a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 96] Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 v. Andrew J. Thomas 11 McBride Avenue Carlisle, PA 17013 and Karen E. Thomas 11 McBride Avenue Carlisle, PA 17013 Cumberland County Court of Common Pleas Number ~$ - 5~~ Ct VtL~~yw~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff . You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO H[RE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU W[TH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9106 Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notif icacion. Hate falta asentar una comparencia escrita o en persona o con un abogado y entregar a la torte en forma escrita sus defensas o sus obj eciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la carte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notification. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADQ VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARR EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 HSBC, a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 Attorney for Plaintiff Cumberland County Court of Common Pleas v. Andrew J. Thomas 11 McBride Avenue Carlisle, PA 17013 and Karen E. Thomas 11 McBride Avenue Carlisle, PA 17013 Number 0 S- ~ A `~ / ~-tt'~^°~ CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is HSBC, a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Andrew J. Thomas, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 11 McBride Avenue, Carlisle, PA 17013. 3. The Defendant is Karen E. Thomas, who is one of the mortgagors and real owners ofthe mortgaged property hereinafter described, and her last-known address is 11 McBride Avenue, Carlisle, PA 17013. 4. On 06/05/2002, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book1761, Page 1564. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 1 1 McBride Avenue, Carlisle, PA ] 7013 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/10/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7 8. The following amounts are due on the mortgage: Principal Balance Interest through 07/27/2005 (Plus $ 27.56 per diem thereafter) Attorney's Fee Corporate Advance Cost of Suit Appraisal Fee Title Search $ 90,704.69 $ 14,022.92 $ 4,535.23 $ 448.20 $ 225.00 $ 125.00 $ 200.00 GRAND TOTAL $ 110,261.04 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $110,261.04, together with interest at the rate of $27.56 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. i 5 ,, ., TERRENCE Attorney for VERIFICATION The undersigned, Clarissa Marroquin, hereby certifies that she is the Foreclosure Specialist action,~~,, t~F~lf.~ri ~-'ior~ .5/~, and that she is authorized to ma of the Plaintiff in the within -/--~, %a ~/~ ~k^'e this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. ~ ~~ ~~ Clarissa Marroquin w . a 3 /i~"e _y ROBERT P. ZIEGLER -' t=SURDFR OF DEEDS 711715 MORTGAGE 'OZ JUN 6 .P(~ 1 .59 IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day 5TH of JUNE 2002 ,between the Mortgagor, ANDREW J. THOMAS A7~ KAREN E. THOMAS, HUSBAND AND WIFE BENEFICIAL MORTGAGE CO OF PENNSYLVANIA a corporation organized and existing under t e aws of Y address is 418 STONEHEDGE DRIVE, SUITE 2, C L P 1 01 (herein "bender The following paragraph preceded by a checked bor is applicable. X WHEREAS, Borrower is indebted to Lender in the principal sum of $ 95,355.57 evidenced by Borrower's Loan Repayment and Security Agreement or Secon ary ortgage n Agreement dated JUNE 5, 2002 and any extensions or renewals thereof (herein "Note"), providing or mont y installments of principal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on JUNE 5, 2032 , WHEREAS, Borrower is indebted to Lender in the principal sum of $ or so much thereof as may be advanced pursuant to Borrower's Revolving an Agreement tad and extensions and renewals thereof (herein "Note"), providing for monthly installments, and interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under°any _; -Revolving.Loan_Agreement;.(3) ;the payment--of -all other sums„ with-interest .thereon, advanced in accordance herewith to protect the sxurity of this Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of CUMBERLAND Commonwealth of Pennsylvania: ALL THAT CERTAIN PROPERTY SITUATED 1N THEBOROLGH OF CARLISLE IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 04/20/2001 AND RECORDED 04/20/2001, AMONG THE LAND RECORDS OAIF~THEA COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 243 sa-z9-ttz MTG~ 140. TAX MAP OR PARCEL ID N0, ; 02-20-1800-018 PAnotsst i~~m~~~~~~um~u~~~~~~~~u~~~~u~~~~~~aim "17a00790369ZMt09000PA00 tTBin""rHOAAS ~ GBIGINAL BKI761PG1564 t~~ Exhibit A •- :~ -2- TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencumbered, except for encumbrances of record. Borrower covenants that Borroler warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest at Variable Rates. This mortgage secures all payments of principal.and.interest due an a variable rate loan._ The contract rate of interest and payment amounts may be subject to change as provided in the Note. Borrowers shall promptly pay when due a(l amounts required by the Note. 2. Funds for Taxes and Insurance. Subject to applicable law and only if requested in writing by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one twelfth of yearly premium installments for hazard insurance, plus one twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lendec, the Funds shall be: held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such en institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. [.ender shall give to Borrower, without charge,' an annual accounting of the Funds showing credits and debits to the Funds and the purpose for whFelT _ _ _ each debit to the Funds was made. The Funds.are p]edged.as.additioml.security_for_the.sums:securedby~ . this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installmems of Funds. [f the amount of the Funds held by Lender shalt not be sufficient to pay taxes, assessments, insurance premium:. and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any funds held by Lender. If under paragraph l7 hereof the Property is sold or the Property 04-29-02 MTG PA0012a2 I~~~~®®~®YW ~IINII®®~®IaA l11UI~~~~~~N111~®Y®~I"' •1T800790369ZMTG9000PAOOlYa20""THOM4S " ORIGINAL BK176IPG1565; , ., _- ~. , -3- is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest, and then to the principal. 4..Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shall _perform al[ of Borrower.'s obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges,-fines and impositions attributable_ to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall kcep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and , renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to,the terms of any mortgage,~deed of trust or other security agreement with a lien which has priority over this Mortgage. , In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may makeproof of loss if not made promptlyby Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to wllect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit developments Borrower shall perform all of Bormwer's obligations under the declaration or covenants creating•br ~_ .. _ _govgrning..the condominium or :planned unit, development, the by-laws and regulations of the condominium orplanned unitdevelopment,and constitue`ntdocuments. - 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at bender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender sinterest. - Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 04-Z9-OZ M1G ~ PADOIZB3 1~1~~~~6(~~~~I~N~~~~M~~~®~f~i~l~lil~~®~~Nnl •176007903692MTG9000PA0012830x*THOMAS • ORIG1dYtl - 1 ~ ., tr BE(17 6 I PG`i 5 6-6` ` ` I, - '., .. ~,.. ~ + =C -4- 8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking o[ the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lander, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borcower shall not operate to release, in any manner, the liability of the original _Borrower.and.Borrowet'ssuccessors.in interest..Lender shall.not_be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or rem edy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. I1. Successors and Assigns Bound; Joint snd Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. Al] covenants and agreements of Borrower shall be pint and several. Any Borrower who cosigns this Mortgage, but does not execute the Note, (a) isco-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard w the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower'sinterestinthe Property. i2. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shat l be given by delivering i t or by mailing such notice by certified mail addressed to Borcower at the Property Address or at such other address as Borrower may designate by notice to Linder as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address a:e Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be dcemed to have been given to $orrower or Lender when given in the mannerdesignated herein. , ~_ 13. Governing Law; Severability. The applicable law contained in the Noteshall control. Where no __ applicable lawisconta_inedthereia,thestateandlocallaws_app]icablesostusMortgageshall.bethelawsofthe - jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provisiml or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limitedherein: 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the ti me of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrowrr to execute and deliver to Lender, in a form appcaaceptable to pL~Qe~~nder, anlp~.~assignmentno~f any rights, clai Imq,I's Ior defensesQ^,which Borrower~mWay have aggainst D~ 2 02 MTGU II~~®IIBm®®a®~IIIII~~I~~~~®IIIIU I~~W~®~®~~ItN1~~~ ~nUU12a4 •17a007903692MTG90DOPA0012B40"*THOM4S " Da1GINAL ~K1.76iPGt561 .; -s- 16.. Transfer of the Property..If Borrower sells or transfers all or any. part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f} a transfer where the spouse or children of the Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Horcower becomes an owner of the property, {h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or. (i) any_other_transfcr or disposition,.described~in.regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases Bottower in writing. If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exeecises such option to accelerate, Lender shalt mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such'notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. It Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17_hereof. NON-UNIFORM COVENANTS. Borrower and Lender further.covenant and agree as follows:. 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sate of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defenserof `_~Borrower, to acceleration~pnd._foreclosure. If the breach _is not cured on or before the date specified in the notice, Lender, si Londir's`optian; may declare all of the sums-secured by Yhis ' '- - '- Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding a1] expenses of foreclosure, including, but not limited to, reasonable attorneys' fees and costs of documentary evidence, abstracts and title reports. , 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender [o enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (e) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or 01-19-02 MTG- ~ ~ PA00/295 . ~. .I®~IUtl1UIII lUIIHW ~9~~I1~aY1 Ntl1 ~1~YM4i Y11p~IM^~111111111101®~IIIIIIIA~ ~178007903692MiG9000PA00126in~xiix#49S w 061G1NAL BK I Z b !. PG ~. 5=b;;g; , , ; c- i ~ ';~.i -fi- agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by ].ender in enforcing the covenants and agrcements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shalt, prior to -.acceleration under paragraph_17 hereof,_in_abandonment,of the_Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 7 hereof or almndonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property under state or Federal law. 22: ]nterest Rate After Judgment. Borrower agrees the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 23. Arbitration Rider to Note. The Arbitration kider attached to and made a part of the Note is hereby incorporated by reference and made a part of this Mortgage. ,t 04'29-02 MrtG I~~~~,~,~®®~•"'®,"~®~"'°~~~~~a®I'" PA007296 •1760079D3692uTG9000PA0012960~•iHOMAS " ORI GIW1l BK1761PG15:69 r . ~i. c~ _ ]_ REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. AND W _~ -Borcower .- -' ~` KAREN ETHOMAS "Borcower I hereby certify that the plreci 419 STONEHEi address of the Lender (Mortgagee) is:_ ? DR SU~TF~ 2 CARLISLE, PA. 17013 On behalf of the Lender. By; `-~] y{ f~.~J ~ ~~A, Title: SR, A„ g, COMMONWEALTH OF PENNSYLVANIA, MICAL K LEE County ss: CUMBERLAND [, ~ CURTIS A WERNER a Notary Public in and for said county and state, do hereby cent y t at ,ANDREWS THOMAS AND KAREN E THOMAS personally .known to me to the same persons whose names ~_ subscrt to the foregoing instrument, appeared before me this day in person, and acknowledge that T he Y signed and delivered the said instrument as THEIR free voluntary act, for'the uses and purposes therein set forth. Given under my hand and official seal, this 5TH day of .TUNE , 2l1 02 M Commission ex Tres: /7 ^`~. ~_ NOTARIAL Sf_Al (-~ C.~( ^~~^~'~~ ' Ciiirtis A Wernaf, Notary Publ~ NotaryY Public , igtAh,MiddktoaTfrp.,ppWayolGumbMaad_ _ CURTIS A WERNER MyCommissb'nExpfies 3ep4 t"2004- ""'- = -"- _._.7'ti~s instrument was prepared by; ~J`"" °~'R ~° `Y-`~ BENEFICIAL CONSUMER DISCOUNT COMPANY D/BI ~'ft4(..+~~~'~l~n gyN,~~„Ft;~~.~':`?^ BENEFICIAL MORTGAGE CO OF P NNSYLVANIA ~s~~y~.pv (Nome) ' f'*'~`;•=~`"'°~"`` 419 STONEHEDGE DRIVE SUITE 2 t,: ti'?`'~,:«t~"';°~„a,ry'• CARLISLE, PA. 17013 ?~"SY4M:%~+^~'Gx'~' (Specs Below Thia Line Reserved For Loodor sad Recorder) Return To: Records Processing Services Ot-Z9-02 MTG 577 Lamont Road PA001287 Elmhurst, IL 6017b III ~®~~d1~~~~~ll~ w179007903692NTG9000PA0012870xrTHOArIS • • ORIGINAL 1 ~~ e~s~ I PG 15 7 0 Recorder of~e~ =-~` _ ~4. ' U t hJ V ~_) (^~l V` ~ r `~/ -r ~ IIII `: Q ~ f _~C7~ a 7 ~ ~, ~ , :i`I~ s -~ _1 ^ SHERIFF'S RETURN - NOT FOUND CASE N0: 2005-05841 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HSBC VS THOMAS ANDREW J ET AL R. Thomas Kline ,Sheriff or Deputy SlZeriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT THOMAS ANDREW J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT THOMAS ANDREW J 111 AMY DRIVE CARLISLE, PA 17013 DEFENDANT WAS NOT FOUND AT GIVEN ADDRESS Sheriff's Costs: Docketing 6.00 Service 4.80 Not Found 5.00 Surcharge 10.00 .00 25.80 So answer ~___ R. Thomas Kline Sheriff of Cumberland County MCCABE WEISBERG CONWAY 11/17/2005 Sworn and subscribed to before me this „jz~L day of ~-UC,~~ ~,7 o-o:~ A . D . Prot~hono NOT FOUND as to SHERIFF'S RETURN - NOT SERVED CASE N0: 2005-05841 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HSBC VS THOMAS ANDREW J ET AL R. Thomas Kline Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent seeirch and inquiry for the within named DEFENDANT to wit: THOMAS ANDREW J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED as to the within named DEFENDANT THOMAS ANDREW J ROADWAY EXPRESS 100 ROADWAY DRIVE CARLISLE, PA 17013 SERVED AT 11 MCBRIDE AVENUE CARLISLE. Sheriff's Costs: So answers,..--- Docketing 6.00 Service .00 s`';- .sj~ ~__E` Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County _._00_ 16.00 MCCABE WEISBERG CONWAY 11/17/2005 Sworn and subscribed to before me this -?a~~day of 7~~~ ~lo-aJ' A.D. O > _ Prothonotary ~ / SHERIFF'S RETURN - REGULAR CASE N0: 2005-05841 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC VS THOMAS ANDREW J ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THOMAS ANDREW J DEFENDANT the at 1642:00 HOURS, on the 16th day of November 2005 at 11 MCBRIDE AVENUE CARLISLE, PA 17013 by handing to ANDREW THOMAS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to they contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 32.80 Sworn and Subscribed to before me this 1,Jd,~~_ day of o tary So Answers: %f .. ~. R. Thomas Kline 11/17/2005 / MCCABE WEISBERG CONW1AY~}] ',,~A/ Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE N0: 2005-05841 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC VS THOMAS ANDREW J ET AL BRIAN BARRICK Sheriff or Deputy :>heriff of Cumberland County,Pennsylvania, who being duly swox-n according to law, says, the within COMPLAINT - MORT FORE was served upon KAREN E DEFENDANT the at 1642:00 HOURS, on the 16th day of November 2005 at 11 MCBRIDE AVENUE CARLISLE, PA 17013 by handing to ANDREW THOMAS, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the' contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 Sworn and Subscribed to before me this 1~~- day of ~~- ,2cro_y A.D. ro tary So Answers: A~. "- ,. R. Thomas Kline 11/17/2005 MCCABE WEISBERG /CONWAY By: ~~;~, ~\ ~~ Deputy Sheriff UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: HSBC, Cumberland County BeneTcial Consumer Discount Company Court of Common Pleas 961 Weigel Drive - P O Box 8621 Elmhurst, IL b012b CASE NO.: OS-05841 CIVIL TERM v. Thomas, Andrew J. & Karen E. Chapter 13 And . Charles DeHart, Chapter 13 Trustee ANSWER AND NOW comes the Defendants, by their Attorney JAMES M. BACH and files the within Answer: 1:5 ADMITTED. 6. DENIED. More specifically the defendants herein disagree that a default is occurring. Therefore they state that the mortgage company has failed to give credit to them for various payments made over a long period of time in various amounts. The defendants do not believe they aze in default. 7. DENIED. For the reasons stated above and incorporated herein by reference. This allegation is denied. 8. DENIED. This is a legal conclusion for which generally a response is not required. 9. DENIED. This is a legal conclusion for which generally a response is not required. WHEREFORE, the Defendant's herein, request that this Complaint in Mortgage Foreclosure be dismissed. RESPECTFULLYSUBMITTED: is/James ch DATE: December 1, 2005 JAMES BACH, ESQUIRE Attorney . No. 18727 352 S. Sp rting Hil] Road Mechani sburQ, PA 17055 (717)737-2033 PRAECIPE FOR LISTING CASE FOR ARGiJMENT TO THE PROTHONOTARY OF CUMBF,RLAND COUNTY: Please list the within matter ibr the next Argument Court. I ISI3C, a London Corporation, s/b/m/a Bcneticial Consumer Discount Company d/h/a Benelicial Mortgage Company of Pennsylvania Plainlifj vs. Andrew J.'fhomas and Karen F.. Thomas Nwnber OS-5841 CIVIL Defendant State Matter to be argued (i.e., Plaintiff s Motion for New Trial, Defendant's demurrer to complaint, etc.) Plaintiffs Motion for Summary Judgment Identify counsel who will argue case: ~. (a) Matthew Eshelman, Esquire (for Plaintitt) Sadis, Shu~J; F[nwer & Lindsay 26 W. High Street Carlisle_ PA 17013 (b) James M. Bach, Esquire (For Defendants) 352 So. Sporting {Till Road Mechanicsburg, PA 17050 I will notify all parties in writing within two days that this case has been listed for argument. 3 Argument Court Datr. 4 DATE: , I ; I, ~~, MARC~S. WEISBERG, ESQUIRE ~=~ Attorney for Plaintiff / ~ McCABE, WEISBERG & CONWAY, P.C. BY: MARL S. WEISBERG, ESQUIRE Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 I ISBC, a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive N.U. Box 8621 I-;Imhurst, IL 6012E v. Andrew J. 'Thomas I 1 McBride Avenue Carlisle, PA 17013 and Karen E. Thomas I I McBride Avenue Carlisle, PA 17013 Attorney for Plaintiff COURT OF COMMO'~ PLF_AS CUMBERLAND COUNTY NU. OS-5841 CF.RTIF[CATfON OF SEKVICE I, MARL. S. WEISBERG, Esquire, hereby certify that a true and correct copy of the within Praecipe for Listing Case for Argumentwas served on the 1 1'~' day ofJanuary, 2006, by first-class mail, postage prepaid, upon the following: James M. Bach, Esquire 352 So. Sporting Hill Road Mechanicsburg, PA 17050 i ~ ~~ MAR S. WEISBERG, ESQUIRE ~" ~ Atto~'ney for Plaintiff ~` -~ McCABE, WF.ISBERG & CONWAY, P.C. BY: MARC S. WF,ISBF.RG, ESQUIRE Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 HSBC, a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Benelicial Mortgage Company of Pennsylvania 961 Weigel Drive P.U. Bor 8621 F,Imhurst, IL 60126 v. Andrew J. Thomas I I McBride Avenue Carlisle, PA 17013 and Karen B. Thomas I I McBride Avenue Carlisle, PA 17013 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. OS-5841 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff FISBC,aLondonCoiporation,s/b/m/aBeneticialConsumerDiscountCompany d/b/a Benelicial Mortgage Company of Pennsylvania, by and through its attorney, Marc S. Weisberg, Esquire, now moves this Honorable Court for summary judgment against defendants and alleges as follows: Plaintiff HSBC, a London Corporation, s/b/m/a Beneficial Consumer Discount Company d/h/a Beneficial Mortgage Company of Pennsylvania, is a corporation duly organized under the laws of the United States of America with offices at 961 Weigel Drive. Elmhurst, tL 60126. 2. Delendants are the owners and residents of the mortgaged property at 11 McBride Avenue, Carlisle, PA 17013. 3. On or about June 5, 2002, defendants made, executed, and delivered a mortgage to plaintiff upon the above premises, which mortgage is recorded in the Office ofthe Recorder of Daeds ofCumbcrland County in Mortgage Book 1761, Page I %4. A copy of said mortgage is attached hereto, made a part hereof and marked as Exhibit "A". G. The premises encumbered by the subject mortgage is all that certain real property anti improvements in the County ofCumberland and Commonwealth of Pennsylvania, being more fully described in the mortgage attached hereto as Exhibit "A". 5. On or about November 9, 2005, plaintiff filed a mortgage foreclosure action against defendants. n copy of the Complaint is attached hereto, made a part hereof and marked as Exhibit'B". 6. Thereafter, dclcndants answered Plaintiffs Complaint. (See Exhibit "C") 7. additionally, plaintiff filed a Request for Admissions (See Exhibit "D") on or about December 6, 2005, which defendants admit by their failure to answer, the defaulted loan, and admit to having been sent legal Act 6 and 91 letters and, in fact, admit all pertinent allegations of Plaintiffs Complaint with regard to default arrearage and notice. (See Exhibit "D") R. Defendants'ilnswertoPlaintiffsComplaintandRequestforAdmissionsadmit that they are the record owners of the property in question, that plaintiff has a mortgage on it, that it is in default, and that an Act 6 Notice of Intent to Foreclose was sent as was an Act 91 Notice. (See Exhibits "C & U") 9. Accordingly, it is admitted that there is a balance due on the mortgage in the amount of $90,704.69, that the interest per diem is $2756, that on or about September 20, 2005, plaintiff sent act 6 and 91 letters to the defendants, and that those letters, in fact, complied with all statutory requirements. (See Exhibits "C, D & E") 10. l~he Complaint, and Affidavit of Michelle Caruso, plaintiffs foreclosure specialist attached hereto and incorporated into this Motion, as Exhibit "F", sets forth the exact amount that defendants owe plaintiff, and defendants have not come forth with any supportable information to rebut this allegation. I OA. "fhe payment history and note evidencing the interest charged to the defendants are part of"Exhibit "F"'and are likewise unrebutted with any supportable information. (See Exhibit "F") I I. The attorney's lees and costs, as requested by plaintiff in the Complaint, are reasonable, and are in conformity with Pennsylvania l.aw and will be collected in the event that suf"ficient funds are available From a third party purchase at Sheriffs Sale. 12. All procedural local, state. and federal rules, regulations, and laws with respect to mortgage foreclosure have been complied with by plaintiff. 13. There are no issues oY material fact remaining, and plaintiff is entitled to summary .judgment on its mortgage t"orcclosure action against defendants as a matter of law. WHGREFORG, plaintiff requests this Honorable Court grant summary judgment in Mortgage Foreclosure in favor of plaintiff and against defendants and cnterjudgment against defendants in the amount of $ I 10,261.04, together with interest at a rate of $27.6 per diem from July 27, 2005, plus costs. Respectfully submitted, McCABE, WEISBERG & CONWAY, P.C. ~~ - ARC S. WEISBGRG, F.SQUI " ttorney for Plaintiff ~ McCABE, WEISBF,RG & CONWAY, P.C. BY: MARC S. WEISBERG, BSQUIRF. Identification Number 17616 ]23 South Broad Street, Suite 2U811 Philadelphia, Pennsylvania 19109 (215)790-1010 HSBC, a London Corporation, s/h/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania y6~ WCIgC~ DI'IVC P.n. BOS 862 ~ Elmhurst IL 60126 v. Andrew J. Thomas I I McBride Avenue Carlisle, PA 17013 and Karen E.'fhomas I I McBride Avenue Carlisle, PA 17013 Attorney for Plaintiff COURT' OF COMMON PLEAS CUMBERLAND COUNTY NO. OS-5841 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT The propose of the summary judgment procedure is to prevent vexation and delay, improve the machinery ofjustice, promote the expeditious disposition of cases and avoid unnecessary trials when there does not exist a genuine issue of material fact Specitically, Rule 1035.2(1) of the Pennsylvania Rules of Civil Procedure provides, in pertinent part, that: Afterthc relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (I) whenever there is no issue of any material facts to a necessary element of the cause of action or defense which could he established by additional discovery or expert or (2) if, alter the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence offacts essential to the cause of action or defense which in a jury trial would require the issues- to be submitted to lhejury. Pa.R.C.P. 1035?(I ). See also W illiams v. Pih~rim Life hisurance Co., 306 Pa. Super. 170, 452 A.2d 269 (1983). The burden of demonstrating that there is no genuine issue of material fact rests on the moving party. Hower v. Whitmak Assoc., 371 Pa. Super. 443, 538 A.2d 524 (1988); Carollo v. 48 Insulation, Inc., 252 Pa. Super 422, 381 A.2d 990 (1977). Once such a showing is made, summary lodgment is appropriate where the adverse party is unable to produce probative evidence to the contrary. To this end, the adverse party may not claim that the averments of their pleadings, alone, are sufficient to raise a genuine issue offtact so as to defeat the motion. The adverse party must set forth specific facts showing there is a genuine issue of fact for U~ial. Sec Phaffv. Gerner, 541 Pa. 146, 303 A.2d 826 (1973); Pane v. Smith, 277 Pa. R0, 323 n.2d 856 (1974); Amabilc v. Auto Kleen Car Wash, 249 Pa. 240, 376 A?d 247 (I 977). Rule 1035.3 specifically provides, in pertinent part: (a) the adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identilying (I) one or more issues of fact arising Inure evidence in the record controverting the evidence cited in support of the motion.... Pa. R.C. P. 103 5.3 In the case at har, the pleadings, exhibits. and Affidavit of plaintiffs foreclosure specialist and Request for Admissions establish conclusively thatthere are no genuine issues ofmalerial tact, and, thus, this case is ripe for summary judgment. Further, delendants' pleadings indicate that plaintiff is entitled to judgment as a matter of law. Firstly, in their answer and in Request for Admissions, defendants admit directly or by indefinite denial: (I) that they arc the owners of the property located at I I McBride Avenue, Carlisle, PA 17013; (2) there is a mortgage on it; (3) the mortgage is in default and; (4) Act 6 & 91 Notices were sent as legally required to defendants. Defendants' Answer to Plaintiffs Complaint in Mortgage Foreclosure consists of admissions as well as indefinite denials or evasions which are not substantiated with corroborating evidence. Pennsylvania Rules ofCivil Procedure, Rule 1029(b) states that, "~a]verments in a pleading to which a responsive pleading is required are admitted when not specifically denied or by necessary implications", Pa.R.C.P. 1029(h). "thus, unless the defendants wish an allegation to be regarded as admitted, the defendants must specifically deny each allegation of tact contained in a Complaint to which a responsive pleading is required. GENERAL DENIALS OR DEMANDS FOR PROOF HAVE THE EFFECT OF ADMISSIONS. Any form of general denial or general demand for proof is an admission. Sce first W isamsin Trust Co. v. Strausser, et. al., 653 A.2d 688 (Pa. Super. 1995) ("[T]his Court has held. however, that in mortgage foreclosure actions, general denials by mortgagors that they arc without cuff icient information to ti~rm a belief as to the truth ofthe averments as to the principal and interest owning must be considered an admission of fact")(citing New York Guardian Mortu,~e Corp, v. Dietzel, 362 Pa. Super. 426, 429, 524 A.2d 95 I , 952 (I 987)). See also 5 Standard Pennsylvania Practice 2d §26:41. It would appear then that "bare al legations of lack of knowledge" are also admissions. See Id. at §26:41. I'he Complaint, Answer, Affidavit of plaintiffs foreclosure specialist with attached payment history and Note evidencing the interest charged, and Request for Admissions clearly set forth the amount due and owing on the mortgage. The pleadings and relevant material are absent of any supported, documented dispute as to this figure. Additionally, the request for attorney's fees is reasonable under the circumstances and permitted by law as provided in the mortgage. Sec Fedland Qank of Baltimore v. Philip J. Fetner, 410 A.2d 344 Pa. Super (1979). This disposes of any legal issue raised by defendants. Further, the Complaint, Request for Admissions and Affidavit of plaintiffs foreclosure specialist clcarly set forth that proper notices required by Act 6 of 1974 (41 P.S. $403) and the Emergency Mortgage Assistance Act of 1983 were forwarded to defendants. (See Exhibit "G") Indeed, delendants could not refute with any supportive documentation any ofplaintiff s allegations and admit in the various pleadings that they: (I) own the house; (2) there is a mortgage on it; (3) the mortgage is in default (4) they have not paid the mortgage; and (5) they were sent all statutorily required notices. Summary judgment based upon contractual liability is appropriate when the documents are undisputed and there is no question as to the contracting parties' intent See, ems, Paul Revere Protective Lite Ins. Co. v. Weis, 535 F.Supp. 379 (E.D. Pa. 1981); Kane Gas Lieht & Heating Co. v. Pennzoil Co., 587 F.Supp. 910 (W.D. Pa. 1984). I Jere, plaintiff initiated this action in mortgage foreclosure against defendants based upon delendants' mortgage obligation. As set forth herein, defendants do not dispute the existence of the mortgage documents and that they are a party to the mortgage. Furthermore, the pleadings, exhibits, and supporting Affidavit of plaintiff's foreclosure specialist clcarly indicate that payments have not been made since April 5, 2005. Plaintiffs attached Exhibits and Affidavit in support of this motion, establish conclusively that defendants executed a mortgage and note Co which plaintiff is the successor in interest; defendants defaulted on payments in the amount of indebtedness, and there are no genuine issues of material fact Moreover, delendants have presented no evidence through affidavits or substantiating documentation to the contrary. As stated above, defendants may not resttheir argument on the pleadings. Therefore, plaintiff is entitled to summary judgment as a matter of law. Defendants, likewise, may not merely deny the amount owed or state that defendants arc without information sufficient to form a belief as to the truth of plaintiffs averment as to principal and interest due. Such a general denial is to be considered an admission of those facts. New York Guardian Mortgage Corp. v. Dietcel, 524 A.2d 951, 362 Pa.Super. 42(i, 429 (1987); See also PA.R.C.P. Rule 1029(b,c) and Firs[ Wisconsin'il~ust Company v. Strausser, 653 A?d 688, 439 Pa.Super. 192 (1995). Lack of admission as to amount of indebtedness in the pleadings of a defendant will not prevent the entry of summary judgment. Landau v. Western Pennsylvania National Bank, 282 A.2d 335, 445 Pa. 217, 225-G (I 971). Furthermore, defendants raise no genuine issue of material tact when denying amounts owed by defendants to plaintiff. Case law on this issue is exceedingly clear. holding, "[a]n action in mortgage foreclosure is strictly an in rem proceeding, and the purpose of a judgment in mortgage foreclosure is solely to elTect a judicial sale ofthe mortgaged property." New York Guardian MorteaQe Corporation v. Dietzel, 362 Pa.Super.426, 431, 524 A?d 951, 953 (Pa.Super 1986). More importantly, the Court held that "~a] judgment in a mortgage foreclosure action is not a judgment for money damages ...." Ibid. Consequently, any contentions made by the defendants regarding the amounts owed by defendants to plaintiff are not xn issue of material fact in this strictly in rem proceeding. WI ILKF:FORE, plaintiff requests this Honorable Court enter summary judgment in its favor and against defendants. Respectfully submitted, McCABE, WEISBERG & CONWAY, P. C. ~ ~ i BY: - ~ -tip 't_, M RC S. WEISBERG, ESQUIRE!' A orney for Plaintiff EXHIBIT A ,, ROBERT P. ZIEGLER r •" ~'-S+?EDrR OF DEEDS .,..~,...."v~ OUNTY-r 711715 MORTGAGE 'OZ dUN 6 .P~l 1 .5,9 IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day 5TH of JUNE 2002 ,between the Mortgagor, ANDREW J. THOMAS AND KAREN E. THOMAS, HUSBAND AND WIFE address is 419 STONEHEDGE DRIVE, SU 1 TE (herein "Len er The following paragraph preceded by a checked box is applicable. X WHEREAS, Borrower is indebted to Lender in the principal sum of $ 95,955.57 evidenced by Borrower's Loan Repayment and Security Agreement or Secon ry ortgage an Agreement dated JUNE 5, 2002 and any extensions or renewals thereof (herein "Note"}, providing or mont y instal ments o pnnclpal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on JUNE 5, 2032 a WHEREAS, Borrower is indebted to Lender in the principal sum of $ or so much thereof as may be advanced pursuant to Borrower's Revolving an Agreement ated and extensions and renewals thereof (herein "Note"), providing for monthly lnstatlments, and interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ TO SECURE to Lender the repayment of {1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any --_; -Revolving.Loan_Agreement;=(3),the,payment-,of-all other sums„with-interest .thereon, advanced in accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, $orrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of CUMBERLAND Commonwealth of Pennsylvania: ALL THAT CERTAIN PROPERTY SITUATED IN THEBOROUGH OF CARLISLE IN THE CWNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 04/20/2001 AND RECORDED 04/20/2001, AMONG THE LAND RECORDS Op~F.g~THEp COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 243 Ba-29-02 M7G~ 140. TAX MAP OR PARCEL 10 N0.: 02-20-1900-019 pgODt2B1 ~I~q~g11IY~~~~11Yl W9dYYtlN®~~~~II ~II9I~~ "17a00i903692MiG9000PA0012B10""THOMAS " OBI GINAL BK 1 76 1 PG 1564 t~ --= ~ •• :.~ _Z_ TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, ail of which shall be deemed to be and remain a part of the ' property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borcower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest at Variable Rates. This mortgage secures elf payments of - principal_and.interest due on a variable rate loan. The contract rate of interest and payment amounts may be subject to change as provided in the Note. Borrowers shall promptly pay when due all amounts required by the Note. 2. Funds for Taxes and Insurance. Subject to applicable law and only if requested in writing by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds")equal to one twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. [.ender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which _ ~ _ _ each debit to the Funds was made. The Fun_ ds are pledged,as.additionalsecucity_for the.sums securad_by._ this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in Full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property B4-29-02 MTG IU181~~~®®®~®~~I NUI®®~®I~IIW IIXI~IIII~~11111~~~®~MU "1Ta007903fi92A1TG9000PA0012a20""THOAI0.S • ORI Gt NAL PA0812B2 BK1761PG1565; , -~ -3- is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest, and then to the principal. 4. Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shall .perform all of Borrower.'s obligations under any mortgage, deed of trust or other security agrcement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessmenu and other charges, fines and impositions attributable_ to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and , renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to,the terms of any mortgage,~deed of trust or other security agreement with a lien which has priority over this Mortgage. , In the event of loss, Bottower shall give prompt notice to the insurance carrier and Lender.. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Bottower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall wmply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Bottower's obligations under the declaration or covenants creating or __ _. _governing_.the condominium or planned unit development, the by-laws and regulations of the condominium or planned unitdevelopment,aridconstitueTitdocumeats. - 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest.. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract , rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agrce to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 04-29-02 MTG ~ PA001203 I~~~~~~1114iM~1lII~M~~MI~1111~~®®IPo~~IIIII MIIA~I®~1111~ •179007903692MTG9000PA0012030"rTHOAIAS ~ ORIGI N4L t 1. ~ .~Tr. BK 17 6 I PG`I 5 6'6` F ~ ~ =l _4. 8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borcower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agrcement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original _Borrower.and,Borrowerssuccessors_in.interest..Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borcower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shell bind, and the rights hereunder shat I inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who coigns this Mortgage, but does not execute the Note, (a~ isco'signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage. (b) is not personally liable on the Note or under this Mortgage, and (c} agrees that bender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Barcower'sinterestinthe Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and {b) any notice to Lender steal] be given by certified mail to Lender's address stated herein or to such other address a:; Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The applicable law contained in the Note shall control. Where no _ applicable]awiscontainedtherein,thestateandlocallawsapplicable.tothisMoctgageshall.be.thelawsoEthe jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expen:~s"and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereoF. 15. Rehabilitation Loan Agreement. Borrower shall fulfill sll of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borcower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form appcceptable to L,„~e,~~nv'd~~~ryaaae~Ilr~, any~ppassignment of any right®s, clapryi0~ms or'BdrAefenses which Borrow,me~OrrH~mayryayapahave aggainst D~ 2 02 NRGU IIYR ~I®WA~t®®~~~~®~I~AII~~I110~~~~~~®~IIII1111®~aB ~A001YB1 ~176007903692M{G9000PA00120A0+*THOAIAS " ORIGINAL i __ BK 176 1 PG 1567 - .; -5- 16.. Transfer of the Property. ' If Borrower sells or transfers alt or any. part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivos trust in which the Borcower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or, {i) any_ other transfer or disposition. described_in. regulations. prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless bender releases Borrower in writing. If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. tf Lender exercises such option to accelerate, bender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such'notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Bottower, invoke any remedies permitted by paragraph 17_hereof. NON-UNIFORM COVENANTS. Borrower and Lender further.covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenantor agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (l) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cute such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right . to assert in the forcclosure proceeding the nonexistence of a default or any other defense of Borrower,to.acceleration„and_foreclosure. If the b;each is not cured on or before the dau specified in the notice, Lender, at Lcndii's optionon-mti'y declare all of-the sums secured by'this ' " Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in sucb proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgage due to Bottower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (e) Borrower pays Lender all sums which would be then duc under this Mortgage and the Note had no acceleratioo occurred; (b) Borrower cures all breaches of any other covenants or 04-29-02 MTG~ I ~ Alll IIItl,11tl1111B lull i~ •178007903692AITG9DOOPA001285G•~THOMAS W IW O~IIM^~plll 11111 llll~IIIIIN~ W ~ ORI GI NAI BK I. Z 6 I, PG 1, 5.6;x$; , I PA0012B5 .. - -~- agreemenu of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligation:> secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver, As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to -.acceleration under paragraph_17 hereof,.in_abandonment_of the.Propetty, have the right to collect and reuin such renu as they become due and payable. Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, uke possession of and manage the Property and to collect the renu of the Property including those past due. All renu collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of renu, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those renu actually received. 20. Relwse. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall p:ly all coati of recordation, if any. 2l, Waiver of Homestead. Borrower hereby waives al] right of homestead exemption in the Property under sate or Federal law. 22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 23. Arbitration Rider to Nate. The Arbitration Rider atuched to and made a part of the Note is hereby incorporated by reference and made a part of this Mortgage. 04-29-92 MTG ~~~,"®~~®^'~~®'~,~~~~~~~~~®~'~ Pp991296 •176U07993692YnG90a0PAU01296aKwTH01AA5 * aRIG1t541 BKt16IPGI5:69 r . i~ ~~ ~ _7_ REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. AND W -Borrower KAREN ETHOMAS -Borrower I hereby certify that the precise address of the Lender (Mortgagee) is: _ 419 STONEHE GE DR SU~TT 2 CARLISLE, PA. 17013 On behalf of the Lender. By: COMMONWEALTH OF PENNSYLVANIA, MICAL E LEE Title: _gp A„g, County se: CUMBERLAND I, CURTIS A WERNER a Notary Public in and for said county and state, do hereby certr y t at . ANDREW J THOMAS AND KAREN E THOMAS perrnnauy anown to me to ce the same I foregoing instrument, appeared before me th signed and delivered the said instrument as uses and purposes therein set forth. Given under my hand and official seal, this N07ARIAL SEAL Cdirlis A W9rrAN, Notary Publ~ ~- .TUNE , 20 02 ~,ritlf}~`~l G~~J Notaryy Public , CURTIS A WERNER '~, -`Tliis instrument was prepared by: -"' - "' BENEFICIAL CONSUMER DISCOUNT COMPANY D/BSI BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA (Name) 419 STONEHEDGE DRIVE SUITE 2 CARLISLE, PA. 17013 (Addreecl ~f'~'1in~'~„ (Spsce Below Thie Liae Reserved For Leader ead Rewrder)- ' •'~ Return To: Records Processing Services oe-zs-GZ MrG 577 Lamont Road • r._..: r_. ~t.:.. •.. i,o rArnrrlvrl Elmhurst, IL 6O12ti 71f. •17a007903692MTG9000PA0012a70x~iHUAAS • • ORIGINAL e ~T . zon(s) whose name(s) ~,~g~.~ subscn bed to the day in person, and acknowledge that T he Y THEIR free voluntary act, for the 5TH day of PA001297 y Recorder of~~e~s~ I PG 15 7 0 EXHIBIT B McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 HSBC, a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 96.1 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 v. Andrew J. Thomas 1 1 McBride Avenue Carlisle, PA 17013 and Karen E. Thomas I I McBride Avenue Carlisle, PA 17013 Attorney for Plaintiff '~-' Q ~~ ~- <~ -~~ `-~ .~ _., T T C ~,.1~ „c ~ . i -..^ p • ~' `_ Cumberland County - Court of Common Pleas T `' ~ `~~ -.:'~". .c- -- J ~ Number D$~ -spr~I~ l.lv~l_.~~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO You have been Sued in court. If you wish to defend against the claims set forth in the following pages, you muse 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 rtaney or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 B00-990-9108 Le han demandado a usted en la torte. Si usted quiere defenderse de esters demanders ex-puestas en las paginas siguientes, usted tiene veinte (20l dias de plazo al partir de la fecha de la demands y la notif icacion. Hate falter asentar una cortparencia escrita o en persona o con un abogado y entregar a la torte en forma escrita sus defensas o sus objeciones a las demanders en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede cont inuar la demands en contra soya sin previo aviso 0 notification. Ademas, la torte puede decidir a favor del demandante y requiere que usted cunq~la con Codas las provisioner de ester demands. Used puede perder dinero o sus propiedades u otros derechos importances pars usted. USTED I,E DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARR EMPLEAR UN ABOGADO, ESTA OFIC(NA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERV[CIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEI5BERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215790-1010 HSBC, a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 Attorney for Plaintiff Cumberland County Court of Common Pleas v. Andrew J. Thomas 11 McBride Avenue Carlisle, PA 17013 and Karen E. Thomas 11 McBride Avenue Carlisle, PA 17013 Number CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is HSBC, a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d!b/a Beneficial Mortgage Company of Pennsylvania, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Andrew J. Thomas, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 11 McBride Avenue, Carlisle, PA ] 7013. 3. The Defendant is Karen E. Thomas, who is one of the mortgagors and real owners ofthe mortgaged property hereinafter described, and her last-known address is 11 McBride Avenue, Carlisle, PA ] 7013. 4. On 06/05/2002, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book1761, Page 1564. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 11 McBride Avenue, Carlisle, PA 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/10/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 90,704.69 Interest through 07/27/2005 $ 14,022.92 (Plus $ 27.56 per diem thereafer) Attorney's Fee $ 4,535.23 Corporate Advance $ 448.20 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $ 1 10,261.04 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $110,261.04, together with interest at the rate of $27.56 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~, ,; ~.. .. ;. f~=`f ;` TERRENCE J.1~IcC`f~$E,~F`SQUIRE Attorney for Plai~iff VERIFICATION The undersigned, Clarissa Marroquin, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within ~~ ~ ,,~~ ! .. ,. ~ ~ ~, ~; / and tYyat she is'authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. X4904 relating to unsworn falsification to authorities. Clarissa Marroquin _ . a3 i~~ '~ : ~ e ~, ROBERT P. ZIEGLEF r:=r~.~BDER OF DEED " ,:.,.._. `~~ COUNTY 711715 MORTGAGE 'OZ JuN 6 _P~i 1 IF BOX [S CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day 5TH of JUNE 2002 ,between the Mortgagor, ANDREW J. THOMAS AND KAREN E. THOMAS, HUSBAND AND WIFE OF address is 419 STONEHEDC~ DRIVE , SUITE (herein "Len er a The following paragraph preceded by a checked bor is applicable. X WHEREAS, Borrower is indebted to Lender in the principal sum of $ 95,955.57 evidenced by Borrower's Loan Repayment and Security Agreement or Secon ary ortgage Loan Agreement dated JUNE 5, 2002 and any extensions or renewals thereof (herein "Nate"), providing or mont y mstallments o pnnapal and interest, including any adjustmeots to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on JUNE 5, 2032 WHEREAS, Borrower is indebted to Lender in the principal sum of $ or so much thereof as may be advanced pursuant to Borrower's Revolving an Agreement tad and extensions and renewals thereof (herein "Note"), providing for monthly installments, and interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances undcr`any t-~, -Revolving_Loan-..Agreement;_(3)ahe_paymenL-of-all other. sums,. with-interest_thereon, advanced in accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of CUMBERLAND Commonwealth of Pennsylvania: ALL THAT CERTAIN PROPERTY SITUATED 1N THEBOROUC+I OF CARLISLE IN THE CWNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 04/20/2001 AND RECORDED 04/20/2001, AMONG THE LAND RECORDS AOF THEAp COUNTY ANO STATE SET FORTH ABOVE, IN DEED VOLUME 243 oa-29-02 INTG'~ 140. TAX MAP OR PARCEL ID N0. ; 02-20-1800-018 PA001281 ®~~~®Ilm p~~W MIU WI~~~IY14 ~1®tli~Ull Yq N{IY~wwF~~AY~911111111~~ "178007903692tITC9000PA0D12B10""TNOM4S " ORIGINAL BK 176 1 PG1564 °~- Exhibit A .-..--_.~_- _ '- I ,~ -2- • TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the ' property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal and Iaterest at Variable Rates. This mortgage secures all payments of principal_and_interest due_on a varislble rate loan. The contract rate of interest and payment amounts may be subject to change as provided in the Note. Borrowers shall promptly pay when due all amounts required by the Note. 2. Funds for Taxes aad Insurance. Subject to applicable law and only if requested in writing by Lender, Borrower shall pay to Lender on the day monthly paymenu of principal and interest are payable under the Note, until the Nate is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessmenu, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one twelfth of yearly premium installments fat hazard insurance, plus one twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to [.ender to i:he extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution tfie deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution}. Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Punds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Punds and applicable law permits Lender to make such a charge. Borrower and lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. [.ender shall give to Borrower, without charge,' an annual accounting of the Funds showing credits and debits to the Punds and the purpose for whic'~Et __ _ each debit to the Funds was made. The Funds.are pladgod.as.additional:ecurity_for_thesumssecured-by_, . _ this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the dire dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by lender shall not be sufficient to pay taxes, assessments, insurance premium:: and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property 04-29-02 MTG PA001202 I91M~®~~~~~IIW aOI~HW®®~®alI ~IU IIAI t1111U~~~Nllll~l®~®~IIU ^1Ta00T90369DATG9000PA0012a20^^TNONAS ^ 00.1G4NAl BK176l~~1565; , -, ~, ~, -3- is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender [first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest, and then to the principal. 4. -Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shall .perform all of Borcower.'s obligations under any mortgage, deed of trust or other sxurity agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable _ to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to. the terms of any mortgage„deed of trust or other security agreement with a lien which has priority over this Mortgage. , In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proofaf lass if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borcower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste nr permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development) Borrower shall perform all of Borrower's obligations under the declaration or covenants creating*"or _~ _ _governing.She condominium or planned unit development, the by-laws and regulations of the condominiumorplannedunitdevelopment,andconstituetitdocuments. - ' 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agrcements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at L,ender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest.. - Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agrce to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 04-29-02 MTG ~ PA001203 I~jj19~~~~~1~160~N1~~~W1U1~®®~A4 NI~Il~l~~~aau ll~ ~176007903692MiG9000PA0012030"•TMOAWS " ORIGIPI4L L ~ ..~~ BK I l 6 I PGI ~5 6~6° ' ' `~ ~. ~` ` ..a -4- 8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance i n lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agrcement with a lien which haspriority over this Mortgage. 10. Borrower Not Relwsed; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original . , .Borrower.and,Borrower's.successots.in.interest_Lender shatl not_be required to cnmmence proceedings against such successor or reftue to extend time for payment or otherwise modify amortization of the sums secured by thisMortgage by reason of any demand madeby the original Borrower and Borrower'ssuccessors in interest. Any forbearance by Lender in exercisingany righR or remedy hereunder, or otherwiseafforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bi nd, and the rights hereunder shat l inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) isco-signi ng this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage. (b) is not personally liable on the Note or under this Mortgagc, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard ki the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borcower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be gi van by delivering i t or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address a:: Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when gi van in the mannerdesignated herein. ,~ 13. Governing Law; Severability. The applicable law contained in the Note shall control. Where no applicable lawiscontainedtherein,thestateandlocallawsapplicable.tothisMortgageshall.bethelawsof-the - jurisdiction in which the Properly is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note aredeclared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicablelaw orlimitedherein: 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the ti me of execution or after recordation hcreof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrowrr to execute and deliver to Lender, in a form apcaceptable to Lender, an assignment of any rights, claimLs or defenses which Borrow.eL~r may have against PA0012B1 DE 2 02 1ATGUI~IIAA1NYIpe1~e®RI~INYIIYflNlltilt^~BOBtlIIWNIfl1N11~~1•dll~~l~®1~910~ artyy •1T8007903692MTG9090PA0052B40xxrHUMS " OAIGINAL ~Ki.751PGt561 .; -s- 16.. Transfer of the Property..If Borrower sells of transfers all or any. part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower become an owner of the property, (g) a transfer resulting from a decrce of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or,(i) any-other transfer or disptuition,.described_in.regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. At:cclcratios; Remedios. Except as provided in paragraph I6 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) s date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach rtust be cured; and (4) that failure to cure such breach on or before the date specified in the notice may rosult in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right . to assert in the foreclosure proceeding the nonexistence of a default or any other defensa~bf '*Borrower,to.seceleration„and,foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, ai Lender's option, may declaie all of the sums-se`cur~d by this - Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees and costs of documentary evidence, abstracts and title reports. 18: Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or OI-29-02 MTG- ®Y111 MItl~~~alUM~~~M~IIO~NYYM Im~~~~~A1I1N~~ININ~~ •1790079D3692MTG9DOOPA0012850VKT1i0MA$ ~ OfliGINAL PA007295 :_ -~- agcements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agrcements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lenders interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligation:: secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of :Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to -.acceleration under paragaph_17 hereof,_in.abandonment_of ihe_Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 20. Relwse. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pity all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property under state or Federal law. 22: interest Rate After fudgment. $orrower agrees the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 23. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note is hereby incorporated by reference and made a part of this Mortgage. ,t 04-29-02 MITG I~~~„~„®®~~®"~~®®~~MI119~^®~~®I~M PA0012B6 •17B007903697NfG9000Pg0012B60••7HOIM$ • ORI GI W1l BK1761PGI5.64 _p .. l~ _7_ REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and bender request the hoider of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. AND W -Borrower KAREN ETHOMAS -Borrower I hereby certify that the precise address of the Lender (Mortgagee) is: 419 STONEHE GE DR SUET 2 CARLISLE, PA. 17013 On behalf of the Lender. By: Title: gg n-~..a. COMMONWEALTH OF PENNSYLVANIA, MICAL K LEE Coun[y ss: CUMBERLAND I, CURTIS A WERNER a Notary Public in and for said county and state, do hereby cent y that • ANDREW J THOMAS AND KAREN E THOMAS pereonaHy .known to me to the same persons whose names ~~ subscn to the foregoing instrument, appeared before me this day in person, and acknowledge that T he Y signed and delivered the said instrument as THEIR free voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this 5TH day of JUNE , 20 02 Mr Commission ez fires: ~~-7t ~[~~ ~~ NOTARIAL SEAL ~.GW7`~~~^t`"^"~-~ 4irtisAWemef,Nota7yPubl~ - Notary Public '~. 'AYtflMldd~etWJTp'p.,.ppv~,ofCumtbtlead. __ _ CURTIS A WERNER MyCommissb'nFuTpiiesSeptit'2o04 `-""' '- `'- -","This instrument wiis prepared by: -`" "' °''~ ~""F`~'`'~ BENEFICIAL CONSUMER DISCOUNT COMPANY D/ y"~+~b~,'!a"i/~~•-'„`-v~ SENEFI 7 MORT A 0. OF PENNSYLVANIA ..aµ,:.:x=%~ ~ (Nome) ~~;_'• 419 STONEHEDGE DRIVE SUITE 2 ~- ~~«T~"'r~~`°q~•y,-~~•. CARLISLE, PA. 17013 ..,~ ~Y a f5%^x~ laaa,wsl ~'"~~r'~~~"?` (Space Below Thia Liae Reserved Por Lender end Rewrder) ..~-~..-; o .- ..__ Return o: Records Processing Services Ot-29-02 NTTG 577 Lamont Road PA0012B7 i~l~ jai®~ei~®~~~i~ "17a007903692MTG9000PA0012870""THQMS • " ORIGIWLL °' I/~'~ '-' / i~~ Recorder of~~e~s~ ~ PG ~ 5 7 0 EXHIBIT C UNITEI~STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA 1N RE: HSBC, Cumberland County Beneficial Consumer Discount Company Court of Common Pleas 961 Weigel Drive P O Box 8621 Elmhurst, IL 60126 CASE NO.: 1-05-05841 CIVIL TERM v. Thomas, Andrew J. & Karen E. Chapter 13 And . Charles DeHart, Chapter 13 Trustee ANSWER AND NOW comes the Defendants, by their Attorney JAMES M. BACH and files the within Answer: 1:5 ADMTI"I'ED. 6. DENIED. More specifically the defendants herein disagree that a default is occurring. Therefore they state that the mortgage company has failed to give credit to them for various payments made over a long period of time in various amounts. The defendants do not believe they aze in default. 7. DENIED. For the reasons stated above and incorporated herein by reference. This allegation is denied. 8. DENIED. This is a legal conclusion for which generally a response is not required. 9. DENIED. This is a legal conclusion for which generally a response is not required. WHEREFORE, the Defendant's herein, request that this Complaint in Mortgage Foreclosure be dismissed. RESPECTFULL Y SUBMITTED: `~, ~ i /s/ James ~ 1C/J DATE: December 1.2005 JAMES BACH, ESQUIRE Attorney . No. 18727 352 S. S ing Hill Road Mechani sburQ, PA 17055 (717)737-2033 EXHIBIT D TO THE HEREIN DEFENDANTS: 1'OU ARF HEREBY NOl'IFIED TO PLEAD "K) THE: ENCLOSED PLEsADING W'I"rHIN TI IIRTY (30) DAYS OF SERVICE, THEREOF OR A DEFAULT JUDGMENT h1AY BE @ TERED AGAINST 1100 ?: rf0 NE\' FOR PL NTIFF ~ 111` McCABE, WEISBERG & CONWAY, P.C. BY: MARC S. WEISBERG, ESQUIRE Identification Number 17616 Attorney for Plaintiff 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 HSBC, a London Corporation, s/bhn/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania COURT OF' COMMON PLEAS CUMBERLAND COUNTY 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 v. Andrew J. Thomas 1 I McBride Avenue Carlisle, PA 17013 and Karen E. Thomas I I McBride Avenue Carlisle, PA 17013 NO. OS-5841 REQUEST FOR ADMISSIONS Pursuant to the Pennsylvania Rules of Civil Procedure, Rule 4014, Plaintiff has served upon you a written Request for Admissions for the purpose of thc; pending action, relating to statements or opinions offact or the application of law to fact, including the genuineness, authenticity, correctness, execution, signing, delivery, mailing or receipt of any document described in the request. Note that each allegation set forth will be admitted unless, within thirty (30) days after service of the request, or within such shorter time or longer ti1T)e as the Court may allow, the party to whom the request is directed, shall serve upon the party requesting the admission, a verified answer by a party or an objection, signed by the party or his attorney. For the purposes of this Request for Admissions, HSBC, a London Corporation s/bhn/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania will be hereafter termed "Plaintiff," and Andrew J. Thomas and Karen E. Thomas will be termed "Defendants." The mortgage for plaintiff is in default because monthly payments of principal and interest upon said mortgage due 5/10/2005 and each months thereafter are unpaid. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 2. The principal balance due on the mortgage is $90,704.69. Ifthe above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 3. The interest per diem is $27.56, and the interest due on the note and mortgage through 7/27/2005 is $14,022.92. Ifthe above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 4. On or about 9/20/2005, plaintiff sent Act 6 and Act 91 letters which were received by defendants. If the above request for adm fission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 5. The Act 6 and Act 91 letters sent to defendants complied with all statutory requirements. Ifthe above request fbr admission is denied, attach all documentary evidence you have in support of the denial or otherwise set lorth at length alt evidence of any nature to substantiate the denial. 6. Attorneys fees are in conformity with the mortgage loan documents and Pennsylvania Law. Ifthe above request for admission is denied, attsich all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. Respectfully submitted, McCABE, WEl.SBERG & CONWAY, P. C. M C S. WEISBERG, ESQUIRE At ornev for Plaintiff McCABE, WEISBERG & CONWAY, P.C. BY: MARC S. WEISBERG, ESQli1RE Identification Number 17616 Attorney for Plaintiff 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 HSBC, a London Corporation, s/b/m!a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania COURT OF' COMMON PLEAS CUMBERLAND COUNTY 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 v. Andrew J. Thomas I I McBride Avenue Carlisle, PA 17013 and Karen E. Thomas I I McBride Avenue Carlisle, PA 17013 NO. OS-5841 CERTIFICATE OF SERVICE I, Marc S. Weisberg, Esquire, attorney for Plaintiff, hereby certify that a true and correct copy of the within Request fur .Admissions was served on the below party on the 6`h day of December, 2005, by the United States mail, first class: James M. Bach, Esquire 352 So. Sporting Hill Road Mechanicsburg, PA 1705(1 DATE: s ~ ~= ~ r li' /~-~ ' ~ v~,~ ~. MAR . S. WEISBERG, ESQUIRE ~~ ~~, EXHIBIT E September 20, 2005 Andrew T. Thomas 11 McBride Avenue Carlisle, PA 17013 COMBINED ACT 91/ ACT 6 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. Specifzc information about the nature of the default is provided in the attached pages. The HOMEOWNER'S 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 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notices If you have any questions, you may call the Pennsylvania Housing Finance Agency foil 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 Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association maybe able to help you find a lawyer. LA NOTIFICACION EN ADNNTO 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 INMEDITAMENTE AL CANARD A ESTA AGENCiA (PENNSYLVANIA. HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRHSA. USTED PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Andrew T. Thomas & Karen E. Thomas PROPERTY ADDRESS: I1 McBride Avenue Cazlisle, PA 17013 LOAN ACCT. NO.: 711715-00-534417 ORIGINAL LENDER: Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Company of Pennsylvania CURRENT LENDER/SERVICER: Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Company of Pennsylvania HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOUMAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGH3LE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CHiCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGHiILITY REQUHiEMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARYSTAYOF 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. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS. IF YOU DO NOT APPLYFOR EMERGENCYMORTGACEA8SISTANCE YOUMUST 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 desienated consumer credit counselin~gencies 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.) If you have tried and are unable to resolve this problem with the lender, 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. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCYACTION--Available funds for emergency mortgage assistance aze 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. (lfyou 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 DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 11 McBride Avenue Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: approximately $920.40 for the months of July 10 2005 through September 10 2005 Other chazges: $729.50 Other fees may have accrued on your account. TOTAL AMOUNT PAST DUE: $3,490.70 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,490.70, 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 certi~ed check or money order made navable and sent to: Luis Rodriguez Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 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,[oreclose unon your mortgaged property. 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. IJyou cure the fault within the THIRTY(30) DAYperiod you will not be rer~uired to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and al] other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--Tf you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, oy u still have the right to cure the default and prevent the sale at an ty ime up to one hour before the Sheri,(f s Sale Yau ma~do so by Having the total amount then past due plus any late or other charees then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheri f's Sale as spect~ed in writing by the lender and by performinP any other requirements under the morteaee. 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 Sheriffs Sale of the mortgaged property could be held would be approximately FIVE months from the date of this Notice. A notice of the actual date of the Sheriffs 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: Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Company of Pennsylvania Address: 961 Weigel Drive P.O. Box 8621, Elmhurst, IL 60126 Phone NUmbeT: t-800-333-5848, 7966 Fax Number: 1-630-617-77a9 Contact Person: Luis Rodriguez EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFMORTGAGE--You _ may or XX may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, chazges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOUMAYALSO 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. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days of the date of this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from the date of this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office maybe used by us in the collection of debt. If you request this office in writing within thirty (30) days of the date of this notice, this office will provide you with the name and address of the original creditor. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty (30) days of the date of this notice, for more information about the debt. Your rights are described further, hereinafter. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. Enclosm'e: Validation of Debt Notice SENT VIA REGULAR AND CERTIFIED MAIL NUMBER 7005 1160 0001 3236 4676 RETURN RECEIPT REQUESTED Validation of Debt Notice Pursuant to the Fair Debt Collection Practice Act (FDCPA) (1 S USC 1692), a consumer debtor is required to be sent the following notice: (1) unless the consumer, within thirty (30) days after the date of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector, (2) if the consumer notifies the debt collector in writing within the thirty (30) day period that the debt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the consumer and copy of such verification or Judgment will be mailed to the consumer by the debt collector, and (3} upon the consumer's written request within the thirty (30) day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. Our demand for immediate payment does not eliminate your right to dispute this debt within thirty (30) days of the date of this notice. If you choose to do so, we are required by law to cease onr collection efforts until we have mailed that information to you. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty (30) days of the date of this notice, for more information about the debt. Your rights are described further, hereinafter. The Law Office of McCABE, WEISBERG & CONWAY, P.C. is acting as a debt collector, pursuant to the FDCPA. THIS NOTICE AND LETTER ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Federal Trade Commission has ruled that the FDCPA does not preclude the institution of legal action prior to the expiration of the thirty (30) day period. Acceptance of funds and reinstatement of the mortgage are both subject to verification by my client. Please note that I may be instructed to proceed with foreclosure and fees, costs and/or advances by the mortgagee may be due in addition to the sum quoted above. Please further note that any funds tendered will be subject to verification and correctness before the matter is concluded. Please fee] free to contact this office upon receipt of this notice should you have any questions or concerns. DATE: September 20, 2005 ~ ,~~~~~-. Ter ence J. McCabe, Esquire Cabe, Weisberg & Conway, P.C. 23 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 CUMBERLAND CQUNTY Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717)334.1518 CCCS of Wastem PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717)232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717)232.2207 Marenatha 43 Philadelphia Avenue Waynesboro,PA 17268 (717)762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 800342-2397 Urban League of Metropolitan Hbg 21D7 N. 6th Street Harrisburg, PA 17101 (717)234-5925 September 20, 2005 Karen E. Thomas 11 McBride Avenue Carlisle, PA 17013 COMBINED ACT 91/ACT 6 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 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 WITHA CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. Ijyau have any questions, you may caU the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can caa (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling 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 AD.TUNTO 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 INMEDITAMENTE AL CANARD A E5TA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Andrew T. Thomas & Karen E. Thomas PROPERTY ADDRESS: 11 McBride Avenue Carlisle, PA 17013 LOAN ACCT. NO.: 71 1 7 1 5-00-5344 17 ORIGINAL LENDER: Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Company of Pennsylvania CURRENT LENDER/SERVICER: Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Company of Pennsylvania HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YO UMAKE 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. TEMPORARYSTAYOFFORECLOSURE--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. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOUDO NOTAPPLYFOR EMERGENCYMORTGAGEASSISTANCE 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--Ifyou 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' a encies for the county in which the proderty 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.) If you have tried and are unable to resolve this problem with the lender, 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. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. 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 DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 11 McBride Avenue Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: approximately $920.40 for the months of July 10 2005 throueh September 10 2005 Other charges: $729.50 Other fees may have accrued on your account. TOTAL AMOUNT PAST DUE: $3,490.70 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,490.70, 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 monev order made~yable and sent to: Luis Rodriguez Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 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 fur mortgaged property. 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. ~vou cure the default within the THIRTY(30) DAYperiod. you will not be required to~ay 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, ov u still have the right to cure the default and prevent the sale at anv time up to one hour b fore the Sheriffs Sale. You may do so by pang 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 anv other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing anv 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 Sheriffs Sale of the mortgaged property could be held would be approximately FIVE months from the date of this Notice. A notice of the actual date of the Sheriffs 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: Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Company of Pennsylvania Address: 961 Weigel Drive P.O. Box 8621, Elmhurst, IL 60126 Phone Number: 1-800-333- 5848, 7966 Pax Number: I-630-617-7749 Contact Person: Luis Rodriguez EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFMORTGAGE--You may or XX may not 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. YOUMAYALSO 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. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days of the date of this notice, that you dispute the validity of this debtor any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from the date of this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office maybe used by us in the collection of debt. If you request this office in writing within thirty (30) days of the date of this notice, this office will provide you with the name and address of the original creditor. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty (30) days of the date of this notice, for more information about the debt. Your rights are described further, hereinafter. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THI5 PURPOSE. Enclosure: Validation of Debt Notice SENT VIA REGULAR AND CERTIFIED MAIL NUMBER 7005 1160 0001 3236 4683 RETURN RECEIPT REQUESTED Validation of Debt Notice Pursuant to the Fair Debt Collection Practice Act (FDCPA) (15 USC 1692), a consumer debtor is required to be sent the following notice: (1) unless the consumer, within thirty (30) days after the date of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector, (2) if the consumer notifies the debt collector in writing within the thirty (30) day period that the debt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the consumer and copy of such verification or Judgment will be mailed to the consumer by the debt collector, and (3) upon the consumer's written request within the thirty (30) day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. Our demand for immediate payment does not eliminate your right to dispute this debt within thirty (30) days of the date of this notice. If you choose to do so, we are required by law to cease our collection efforts until we have mailed that information to you. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty (30) days of the date of this notice, for more information about the debt. Your rights are described further, hereinafter. The Law Office of McCABE, WEISBERG & CONWAY, P.C. is acting as a debt collector, pursuant to the FDCPA. THIS NOTICE AND LETTER ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Federal Trade Commission has ruled that the FDCPA does not preclude the institution of legal action prior to the expiration of the thirty (30) day period. Acceptance of funds and reinstatement of the mortgage are both subject to verification by my client. Please note that I may be instructed to proceed with foreclosure and fees, costs and/or advances by the mortgagee may be due in addition to the sum quoted above. Please further note that any funds tendered will be subject to verification and correctness before the matter is concluded. Please feel free to contact this office upon receipt of this notice should you have any questions or concerns. ,; - DATE: September 20, 2005 ' ~ % %/ "G= _" _ ~rlce J. McCabe, Esquire 'abe, Weisberg & Conway, P.C. South Broad Street, Suite 2080 idelphia, PA 19109 (215) 790-1010 CUMBERLAND COUNTY Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717)334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717)232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717)232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 7623285 PHFA 211 North Front Street Harrisburg, PA 17110 800342-2397 Urban League of Metropolitan Hbg 2107 N. 6th Street Harrisburg, PA 17101 (717)234-5925 .~ r m Postage $ rl p Certlfied Fee p Pwinierk p RaNm Receipt Fee Here (Endorsement Required) p Reatrictetl Delivery Fee ~ (Endorsemem Required) ra Total Postage 8 Fees U'I ~ r ~ _,_ ~ or PO BOx Na cay, were, nP.a • :rr rr .~ . ~ ~ .L i. ~ S ~ •~ fU m Postage S ri O cemaed Fee p p ~ Passnadr (Endosemem Req ired) Here ~ D Rasldcted Delivery Fee - (Endorsement Required) rl ' Total Postage 8 Fees u 1 O p fo C..r i+, M1 ________ _________________ _____ Street, Apt Na; ____r'_.:'~.:.3._.________._.________.__..__.__...___._ or PO Box NO. cry, sere, z~P+a :rr EXHIBIT F McCABE, WEISBERG & CONWAY, P.C. BY: MARC S. WEISBERG, F,SQUIRE Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 7 911-1 111 0 HSBC, a London Corporation, s/h/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Wcigcl Drive P.O. Box 8621 Elmhurst IL 60120 v. Andrew J. Thomas I I McBride Avenue Carlisle, PA 17013 and Karen E. "fhomas I I McBride Avenue Carlisle, PA 17013 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. US-5841 AFFIDAVIT I, Michelle Caruso, am the foreclosure specialist of HSBC, a London Corporation, s/bm/a Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, and am custodian ofthe account and records ofthe defendants, with personal knowledge thercol~. I am the keeper of the records and they are business records kept in the ordinary course of business. 2. On June 5, 2002, the defendants entered into an agreement with plaintiff which gave the defendants a mortgage loan. 3. On Junc 5, 200?, as security for this mortgage loan. defendants made, executed and delivered a mortgage on the premises described in Plainti ffs Complaint . A copy of said mortgage with legal description of the premises is attached to the summary judgment motion and marked as Exhibit "A". 4. The defendants are in default of the mortgage in that payments of principal, interest, attorne~~ fee's and costs upon said mortgage due May 10, 2005, and for each and every month thereafter, have not been paid and are due and owing. The payment history is attached hereto as part of this affidavit 'fhe Note evidencing the interest rate charged to defendants is attached hereto as well. fhe records are accurate and kept in the normal course of business. 5. fhc mortgage has an acceleration clause which permits plaintiffto foreclose on the mortgage by judicial proceedings and sell the property at Sheriffs Salc. 6. On or about September 20, 2005, notices were sent out to defendants as required render Act (and Act 91 . 7. Qecausc the defendants arc in default, the plaintiff now requests this Honorable Court to grans summary ,judgment and enter judgment against defendants. The amounts found at paragraph seven (7) of the Complaint arc correct and are as follows: Principal balance $ 90,704.69 Interest through 7/27/2005 $ 14,022.92 (Plus $2756 per diem thereafter) Attorney's Fees $ 4,535.23 Corporate Advance $ 448.20 Cost of suit $ 225.00 appraisal Fcc $ 125.00 Title Search $ 200.00 GRnND TOTnI, $ 110,261.04 I, Michelle Caruso, being duly sworn according to law, hereby depose and say that I am authorized to take this Atfidavit and that the facts set forth herein are true and correct to the best of my knowledge, information and belief. VERIFICATION The undersigned, M ichelle Caruso, hereby certifies that she is the Foreclosure Specialist of the plaintiff in the within action, that she is authorized to make this verification, and thatthe forgoing facts are true and correct to the best of her knowledge, information and belief, and further states that false statements herein are made subject to the penalties of 18 PA.C.S.§4904 relating to unsworn falsification to authorities. 11~~ MICHELLE CARUSO Foreclosure Specialist LOAN REPAYMENT AND SECURITY AGREEMENT (Page 1 of 3) [ENDER (called "We", "Us", "Our") B ENEEICIAL CONSUMER DISCOUNT COMPANY DIBlA BENEFICIAL MORTGAGE CD OF PENNSYLVANIA 419 STONEHEOGE DRIVE SUITE 2 CARLISLE PA 17013 BORROWERS (called "You", "Your") THOMAS, ANDREW SS# 061543816 THOMAS, KAREN E SS# 165608458 11 MCBRIDE AVE CARLISLE PA 17013 LOAN NO: 7 1 1 715-534366 YOU ARE GIVING US A SECURITY INTEREST IN THE REALESTATE LOCATED AT THE ABOVE ADDRESS. EQUIRED INSURANCE. You must obtain insurance for term of loea covering security word "YES" below, nsming us es Locc Papea: YES Title insurance on reel estate security. YES Hazard Iacurenm on real estnte security. es Yeu may obtain any required ~iasuraace from anyone you choose and mny esaign any other policy of ioauraace you owe to cover the security for this loan. (See 'Security" paragraph above far description of security to be insured.) ~ST2MT62OPT PIPP I~IA~II~®~'I'I'IgB6pry~~~~®~~w~M®~®~~®Illtl ®tllWl~~ PA865641 s17600119w063692CEA900m0aPauAB16~5u9U410aaTHQA4S " OHI GIN4L LOAN REPAY1nENT AND SECURITY AGREEMENT (rage 2 of 3) PAYMENT. In return for your loan described below, you agree to pay us, the Principal and Interest computed at the Contract Rate (as stated on page one) and any monthly insurance premium, if elected, until fully paid. Principal is Amount Financed, plus The Fee. 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 Borcowers, but not in a combined amount greater than the amount owed. Payments are applied in the following order. late 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 delinquent monthly installment first, in the same order shown above, until all past due monthly installments are paid in full. For late charge purposes, as long as you make a full monthly installment any month, no late charge will be assessed for that month. 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 half of one percent (.50°.b) at the end of the 3rd year (36th month), the 4th year (48th month) and the 5th year (60th month) (collectively the "Rate Reduction"), if all payments are made within 30 days of their due date, and you have not filed a petition under the U.S. Bankruptcy Code during the months preceding the Rate Reduction. The Rate Reduction will take effect no later than the first payment due date following the 36th, 48th, and 60th month anniversary dates from the date of the contract. Even if the rate is decreased, the monthly payment will not be adjusted, thus the total loan amount will be paid in full sooner than the final payment due date shown on page one, assuming all payments are made on their due date. Notwithstanding anything to the contrary in this paragraph, if, before any Rate Reduction, any payment is made mote thad 30 days after the due date, or you have filed a petition under the U.S. Bankruptcy Code, you will not receive the Rate Reduction following such event. PAYOUTS. You agree to payouts of Amount Financed as shown on Truth-In-Lending disclosure form. If payouts 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. You may prepay any or all of your loan at any time. If the word "YES" is printed in the Prepayment Penalty box on page 1 of this agreement, you are subject to the Prepayment Penalty described below. If you prepay before the final due date, Points are fully earned when this loan is made and you will not receive a refund of that part of the Finance Charge consisting of Paints. If you fully prepay before the final due date, the amount you owe will be reduced by unearned credit insurance charges, if any. PREPAYMENT PENALTY. If "YES" is printed in the Prepayment Penalty box on page 1 of this agreement, you agree to the following prepayment penalty. If you prepay the entire outstanding balance of your Account at any time within three (3) years of the loan agreement date, you agree to pay a prepayment penalty equal to six (6) months interest at the Contract Rate (as stated on page one) of the original Amount Financed. No prepayment penalty will be imposed if this loan is paid-off with the proceeds from another loan with us. If the first 24 monthly payments are paid in full each month within 30 days of their due date, we will waive any applicable prepayment penalty. No prepayment penalty will be imposed if you pay the entire oustanding balance of your loan as the result of the sale of the property securing the loan. You must provide us with documentation acceptable to us verifying the sale of the property. LATE CHARGE. If you don't pay any payment in full within IS days after it's due, you will also pay a late charge equal to 10% of the monthly payment or $29, whichever is greater. BAD CHECIC CHARGE. We will charge you a fee of $2(1 if any payment check is returned because of insufficient funds or is otherwise dishonored, You agree that we may deduct this charge tram 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 interest in the real estate as described in the MortgagelDeed of Trus[. 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 us as a loss payee and deliver to ua a lose payable endorsement. If insurance covering the real property is canccileii 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. NOTIC~pER~~~ THE FOLLOWING PAGE COINTAINS Al~pryDtl~aa'DIyIy~~T~~IT''I~IIpgpON'~~'II~r,AIfIf~~~~IyL9ya~ry~I~~CONpTR~~AppooppCT TERMS. 18T2~G20PT PPP I~~WI~~~~~~~~~~~IINI®~~®®111011 NII IIaI~IPt11111~~A1~~W PAB65942 •178007903692CEA9000PAa69a42G""THOMS • ORIGINAL LOAN REPAYMENT AND SECURITY AGREEMENT (Page 3 of 3) $. LENDER'S RIGHT 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 on the loan or, if known to be less, the replacement value of the Property, i^ 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 adds] 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 protecting 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 for the full cast 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 in order to evaluate the quality of our service to you. For more 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 173f~ (a), Title 12, United States Code (USC). This Agreement also qualifies as an "alternative mortgage transaction" under the Alternative Mortgage Transaction Parity Act section of the Garn St. Germain Depository Institutions Act of 1982, Sections 3801 through 3806, Title 12, USC. Regulations issued by the Office of Thrift Supervision, Department of the Treasury, also govern. 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 Ianuary 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). ANY ADVANCE OP FUNDS PURSUANT TO THIS LOAN REPAYMEN'T' AND SECURTIY AGREEMENT AND THE MORTGAGE WHICH SECURES TILE AGREEMENT MAY, IN THE EVENT OF ANY DEFAULT, RESULT IN THE LOSS OF YOUR HOME OR OTHER REAL PROPERTY PLEDGED AS SECURITY FOR YOUR LOAN. YOU HAVE RECEIVED A COMPLETE COPY OF THIS AGREEMENT AND THE TRUTH-IN-LENDING DISCLOSURES. 04-29-02 RE 51 I~OU~~®®~110111~IN1~®~ 1ST MTG OPT PPP ~u nn' ul '~I "17a007903692CEA9000PAB65a430"•THOMAS BORROWERS: -(SEAL) .~ (SEAL) (SEAT,) WITN SS: , ~I n~nllm lll~~IIIIIIW~~ ~ PAB65943 I~'I 11 ~tl "I 1W ORIGIWIL Page: 1 Document Name; unL•itled 200-MORE ON NEXT PAGE P 711715 8U5 UNIT BENS:FICZAT, N1 THOMAS ANDREW T 061593816 OS N2 THOMAS KAREN E 165608958 OB X1 X2 539417 L^ft 03 68 20 66 FUND DATE GATE 1ST PMT DATE FINAL PMT APR CONT RATE 06 10 02 0~ 10 02 06 10 32 12.073 11.092 TOTAL OF PM'T'S AMT FINANCED PRINCIPAL PROC AFTER INS 331372.80 88996.79 95955.57 88998.79 '1'TL FIN CHG SCHk:D IN'1' DISC/LOAN FLIES NAINT FEES PPP ORTG FEES 292379.D1 235417.23 6956.78 Y LI EE INS CHG LIFE EXP DT DISAS INS CHG DIBAII EXP DT UNEMP CHG TERM NONE NONE LT FE COV FORECL INS PREM PROP INS PREM PROP COV TERM NONE RELI PREM REL2 COV RELI NONE NONE 1ST PAYMT STb PYMT 986.04 920.98 R PAYMENT INT/cH PRINC 32.15 32.15 DDL DT /11/16, INT SH .1978 56.22 56.22 EFF DATE COV TRIAb SCEN 2b 098 BUS CLS OT OG 10 07. UNEMP EXP DT PROP EXP DT NONE NONE EXP NON-FILE LPHI ANN LPHI EXP LPHI NONE NONE BALLOON PMT UNIT CHARGE MOS CONT 360 BALANCE BY BATE THRU/COMMENTS 907D4.69 6m 111905 7-899:174.57 .95, DEF INT 13089.62, NSF 80.00 90704.69 6m 101705 6-11:179.57 bate: 12/07/2005 Time: 01:19:06 PM PREM TYP FMP FORM CbE 71-529-0 V S WP BB HH OlY-d ll0/ZOO d 009-1 YY!!l190E9 isa~4wl3 06SH-Y~Oad WdlZ~l0 5002-Z1-l0 Page: 1 Document Name: untitled 200-MORE ON NEXT PAGE P 711715 534417 L=R N1 THOMAS ANDREW T 061593816 05 03 66 PAYMENT INT/CH PRINC BALANCE BY DATE THRU/COMMENTS DBL OT /10/19, INT SH 1239.30, bEF INT 13089.62, N5F BO.OD 2191.00 2141.00 90709.69 lc 083105 6-67:174.57d3 DEF INT 13089.62, DFT COL 276.15, NSF 80.00 33.20 33.20 90704.69 6m 0817.05 9-265 DBL DT /8/12, INT SH 3232.00, bEF INT 11171.18, NSF 80.00 32.50 32.50 90704.69 6ni 071105 4-299 DBL DT /7/13, INT SH 2910.71, DEF INT 11171.18, NSF 00.00 65.00 65.D0 90704.69 6m 061305 4-331 DBL DT /6/15, INT SH 1671.41, DEF INT 11171.18, NSF 80.00 460.00 460.00 90704.69 6m 042205 9-396 INT SH 303.07, bEF INT 11171.18, NSF 80.00 63.86 63.86 90704.69 6m 091905 4-856 DBL DT /4/21, INT SH 680.38, DEF 2NT 11171.18, NSF 80.00 5!S 040705 !RR02/2200.00 7296.38 965.19 965.19 90709.69 6m 032305 1-359 DEF SNT 11171..18, NSF 80.00 31.93 31.93 90704.69 6m 030605 1--824 DBL DT /3/B, INT SH 657.18, DEF INT 10510.60, NSF 80.00 2000.00 305.02 1694.98 90709.69 lm 020905 1-856 Date: 12/07/2005 Time: 01:19:08 PM V S WP Y BB BB IIB BH BS ROB/ BB BB Y BS Ol9-d ll0/EOO d 009-1 4Y!!l190E9 ls~nywl3 09SH-YIOad IVdlZ~10 9002-Z1-10 Page: 1 Document Name: untitled 200-MORE ON NEXT PAGE P 711715 534417 L=R N1 THOMAS ANDREW T 061543816 05 03 68 PAYMENT IN'T/CH PRINC BALANCE HY DATE THRU/COMMENTS b5L ^T /2/.19, DEF INT 10510.60, NSF 80.00 31.93 3J.-93 92399.67 6m 020705 >10-94 DBL DT /Z/19, .TNT SH 298.86, DBF INT 10510.60, NSF 80.00 2000.00 336.95 1663.05 90736.62 6m 020905 1-888 DEF INT 10510.60, NSF 80.00 510.00 309.59 200.46 92399.67 6m 012805 10-126 UEE" INT 10510.60, NSF 80.00 690.00 169.79 520.21 92600.13 6m 011705 10-636 DEF SNT 10510.60, N5F 80.00 31.93 31.93 93120.39 6m 011105 9-406 DBL DT /1/13, DEF INT 10510.60, NSF 80.00 600.00 600.00 93120.34 6m 123004 9-938 INT SH 132.12, DEF INS 10070.63, N5F 80.00 31.93 31.93 93120.39 6m 121404 8-117 DBL DT /12/16, iNT SH 279.35, DEF INT 10070.83, N5F 80.00 750.00 750.00 93120.39 6m 120309 8-149 DEF INT 10070.83, NSF 80.00 31.93 31.93 93120.39 6m 111004 8-899 DBL DT /11/12, INT SH 109.56, DEF TNT 10060.91, N9F 80.00 550.00 550.00 93120.39 6m 110509 7-11 Date: 12/07/2005 Time: 01:19:11 PM Ol4-d ll0/i00 d 009-! YV!!l190E9 lsa^4w13 09SH-IYOad V S WP $C V BB Y BB BB RB Y HH BB BH DH BB YidlZ~10 9002-Z1-l0 Page: 1 Document Name: untitlEd 200-MORE ON NEXT PAGE P 711715 534417 L=R N1 THOMAS ANDREW T 061543816 OS 03 68 PAYMENT INT/CH PRINC BALANCE BY DATE THRU/COMMENTS V S Wp OBL DT /11/8, bEF TNT 10060. 91, NSF 8 0.00 31.93 31.93 93120.39 6m 101304 7-5fi1 HB DBL DT /10/15, INT SH 786.93, DEF INT 9172 .62, NSF 80.00 500.00 500.00 93],20.39 6m 100809 7-592 BH 2NT SH 677.37, DEF INT 9172. 62, NSF 8 0.00 39.96 39.46 93120.34 6m 091309 6-172 BB DBL bT /9/15, INT SH 469.91, DEF INT 9172. 62, NSF 80.00 587.99 587.99 93120.39 6m 082604 6-217. BB bEF INT 9172.62, NSF 80.00 600.00 600.00 93120.34 6m 071909 6-746:52.87 BB INT SH 390.44, DEF TNT 8294. 78, NSF 8 0.00 1890.96 516.61 1324.35 93120.34 lc 061909 5-426:52.87 Y DEF TNT 8294.78, NSF 80.00 520.98 520.98 99444.69 6m 052709 :3-426:52.87 BB OEF INT 8299.78, NSF 80.00 350.00 350.00 94444.69 6m 050704 3-926:223.35 V BB DEF TNT 7891.24, N5F 60.00 240.96 240.96 99944.69 6m 091309 3-679:320.33 BB INT SH 1595.89, DEF INT 5956 .53, NSF 60.00 950.00 289.02 660.98 99444.69 7.c 020909 2- :320.33 Y Date: 12/07/2005 'i'i.me: 01:19:13 PM Ol4-d ll0/900'd 009-1 YY!!l190E9 ;s~n4Wl3 09SH-Y~Oad fldl2:l0 9004-d1-10 Pago: 1 Document Name: untitled 200-MORE ON NEXT PAGE P 711715 534417 L=R N1 THONAS ANDREW T 061543816 OS 03 68 PAYMENT INT/CH PftINC BALANCE HY DATE T'HRU/COMMENTS V 5 WP DEF INT 5956.53, NSF 60.00 5!S 013004 !XR03/2761.99 ROb/ Y 5096.36 950.00 950.00 95105.67 lc 013004 10- :349.65 DEF INT 5956.53, NSF 60.00 920.89 920.89 95105.67 lc 100903 9- :379.37d1 X DEF INT 3690.64, DFT COL 184.10, NSF fi0.00 950.00 950.00 95105.67 lc 091203 8- :195.63d1 Y bEF INT 3597.03, DFT SH 92.05, NSF 60 .00 1!$ 083103 !ZR: INT 5H->bEF INS Y 2668.92 INT SH .00 DEF TNT 2668.42 920.48 920.98 95105.67 lc 070903 7- :133.10 INT SH 2668.92, DFT coL 91.05, NSF 60 .00 1!S 063003 !RR03/2334.99 R03/ 2334.94 51.00 51.00 95105.67 1c 063003 9`993: 92.OSd1 INT SH 3287.73, DFT COL. 51.00, DFT SH 41.0 5, NSF 60.00 700.00 700.00 95105.67 1c 062303 4-993 INT SH 3085.92, NSF 60.00 1000.00 1000.00 95105.67 lc 052903 >3y1G8:109.58d1 X Date: 12/07/2005 Time: 01:19:16 PM OlY-d 110/900 d 009-1 74LLl190E9 19~~4w13 099H-YlOiid ~dlZ~lO 5002-Z1-l0 i ~ Page: 1 bocllment Name: untit],ed 200-MORE ON NEXT PAGE P 71 1715 539417 L=R N1 THOMAS ANDREW T 06 154381fi O5 03 68 PAYMENT INT/CB PRINC BALANCE BY BATE THRU/COMMENTS V S WP INT SH 3062.88, OFT COL 92. 05, NSF 60. 00 921.00 97.1.00 95105.67 6m 050903 3*168:183.58d1 V BB INT SH 7.$63.89, DFT COL 92. 05, NSF 90. 00 OI 091003 //09/10/03 1. TMN 586.00 586.00 95105.67 1c 032803 2*168:92.OSd1 INT SH 2178.92, FMP 1- (1), DFT COL 92 .05, N5F 90 .00 100.00 100.00 95105.67 6m 032103 2-759 BB INT SH 2470.56, FMP 1- (1), N5F 40.00 65.56 65.56 95105.67 6m 022003 >2-854 BB INT SH 1732.91, FMP 1- (1), NSF 90.00 493.02 493.02 95105.67 6m 011603 2-427 V DD INT SH 293.39, FMP 1- (1), NSF 20.00 E Z+, 993.02 427.96 95105.67 6m 0107.03 >1- BB INT 58 381.79, LIFE 65.56, FMP 1- (1), NSF 20.00 EZ+, 493.02 909.62 22.89 95082.83 Ent 121902 1- V BB LIFE 65.56, FMP 1- (1) EZ+, 993.02 405.00 88.02 95105.67 6m 120502 1-427 BH FMP 12- (.12) EZ+, 493.02 9D5.09 22.37 95193.69 6m 112102 12- Y BS LIFE 65.56, FMP 12- (12) EZ +, Date: 12/07/2005 Time: 01:19:18 PM OlY-d Il0/!00'd 009-1 YV!!l190E9 ~sanyw13 09SH-6YOad WdlZ~l0 9002-d1-l0 i ~ Page: 1 Document Name: untitled 200-MORE ON NEXT PAGE P 711715 539917 L=R N1 THOMAS ANDREW T 061543816 05 03 G8 PAYMENT INT/CH PRINC BALANCE' BY DATE THRI7/COMMENTS V S WP 993.02 905.47 8%.55 95216.06 6m 110702 12-427 BB FMP 11- (11) EZ•H, 993.02 905.56 21.90 95303.61 6m 102902 11- Y DB LIFE 65.56, FMP 11 - (11) EZ+, 993.02 905.93 87.09 95325.51 6m 101002 11-427 DH FMP 10- (10) EZ+, 493.02 906.02 21.49 95912.60 6m 092602 10- Y ~B LIFE 65.56, £MP 10 - (1D) EZ+, 993.02 906.39 86.63 95434.04 6m 091202 10-427 BB FMP 9- (9) EZ+, 993.02 406.48 20.98 95520.67 6m 082902 9- Y HH LzFE 65.56, FMP 9- (9) EZ+, 493.07. 406.85 86.17 95591.65 6m 081502 9-927 Y BB FMP B- ( 8 ) EZ+, 493.02 406.93 20.53 95627.82 6m 080102 8- BB LIFE 65.56, FMP 8- (8) EZ+, 493.02 907.30 85.72 95698.35 6m 071802 8-927 Y BH FMP 7- (7J EZ+, 993.02 407.38 20.08 95734.07 6m 070402 7- BB DBL OT /7/5, LIFE 65.56, FMP 7- (7) EZ+, bate: 12/07/2005 Time: 01:19:20 PM Ol4-d ll0/900'd 009-1 YY!!l19099 3g~~4w13 09SH-YYOad YIdlZ~l0 5002-Z1-l0 ~' Paga= 1 DocumEnt Name: untitled 205-PMT COMPLETEb E'OR 711715 00 5399].7 P 711715 534417 L=R N1 THOMAS ANDREW T 061593816 D5 03 68 PAYMENT INT/CH PRINC BA,ANCE BY DATE THRU/COMMENTS V u WP 493.02 291.60 201.92 95759.15 6m 062002 7-427 BB Date: 12/07/2005 Timc: 01:19:22 PM OlY-d llD/BOD'd 009-1 YY!!l190f9 ~sanyw13 J9SH~Y08d YIdIZ~ID 9002-Z1-l0 McCABE, WEISBERG &c CONWAY, P.C. BY: MARC S. WEISBERG, ESQUIRE. Identitication Number 17616 ]23 South Broad Street, Suite 21180 Philadelphia, Pennsyh~ania 19109 (215)790-1010 I ISBC, a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/h/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive P.O. Box 8621 Elmhurst IL 60126 Andrew J. Thomas I I McBride Avenue Carlisle, PA 17013 and Karen E. Thomas I I McBride Avenue Carlisle, PA 17013 Attorney for Ylaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. OS-5841 CERTIFICATION OF SERVICE I, MARC S. W EISBh:RG. ESQUIRE, hereby certify that a true and correct copy of the within Plaintiff's Motion for Summary Judgment and attached documents were served on the I I "' day of January, 2006, by first-class mail, postage prepaid. upon the following: James M. Bach, Esquire 352 So. Sporting Hill Road Mechanicsburg, PA 17050 DATE: ' ~ i U ,~. ~;'.'- ~ c ~ _y~,~ r~ MAC S. WEISBE:RG, ESQUIRE `~~ Atto ney for Plaintiff 1 HSBC, a London Corporation, s/b/m/a IN THE COURT OF COMMON PLEAS OF of Beneficial Consumer Discount :CUMBERLAND COUNTY, PENNSYLVANIA Company d/b/a Beneficial Mortgage Company of Pennsylvania, PLAINTIFF V. ANDREW J. THOMAS AND KAREN E. THOMAS, DEFENDANTS 05-5841 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this `~ day of February, 2006, the motion of plaintiff, HSBC, a London Corporation, s/b/m/a Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, for summary judgment against defendants, Andrew J. Thomas and Karen E. Thomas, IS GRANTED. Summary judgment in mortgage foreclosure is entered in favor of plaintiff and against defendants in the amount of $110,261.04 together with interest at the rate of $27.56 per diem from July 27, 2005. By the Court, Edgar Matthew Eshelman, Esquire For Plaintiff James Bach, Esquire For Defendants ,c~~ ~~.~P,uf a , ~ ~. :sal r-a ~? ~~. n~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION HSBC, A London Corporation, s/b/m/a ofBeneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania v. Andrew J. Thomas Karen E. Thomas TO THE PROTHONOTARY OF SAID COURT: FILE NO.: OS-5841 Civil Term AMOUNT DUE: $110,261.04 INTEREST: from 7/28/05 - 9/6/06 $743.33 at $18.13 Per Diem ATTY'S COMM.: COSTS: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession ofjudgment, but ifit does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriffof Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 11 McBride Avenue Carlisle PA 17013 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate ofthe defendant(s) described in the attached exhibit. DATE: 3 G Signature: ~ ~~ti,,,, ~ ~. ~'t ~ ~~.,r/--<_ Print Name: TERRENCE J. McCABE, SQUIltE Address: 123 S. Broad Street. Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: X2151 790 1010 Supreme Court ID No. 16496 ~~ n ~~ ~- ~ ~ ~-~ w ~~~~~ ~ ~ ~ `~ ~ ~ C ~ ccc C C ~ R~ C C ~ ~ ~~' ' ~~ _ ~~ ~ ~ ~ ~ _: ~ ~ ~ 1 '~ ;:,-- ~, ~. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO OS-5841 Civil CIVIL ACT10N -LAW t0 THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC, A LONDON CORPORATION, S/B/M/A OF BENEFICIAL CONSUMER DISCOUNT COMPANY DB/A BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff (s) From ANDREW J. THOMAS AND KAREN E. THOMAS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $110,261.04 L.L. $.50 Interest FROM 7/28/05 - 9/6/06 $743.33 AT $18.13 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $163.60 Plaintiff Paid Date: APRIL 6, 2006 (Seal) Other Costs ro[hono[ By: Deputy REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone:215-790-1010 Supreme Court ID No. 16496 .. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (275) 790-1010 HSBC, a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY v, Andrew J. Thomas and Karen E. Thomas Number AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 11 McBride Avenue, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked as Exhibit "A." I. Name and address of Owners or Reputed Owners: Name Andrew J. Thomas Address 11 McBride Avenue Carlisle, PA 17013 Karen E. Thomas 11 McBride Avenue Carlisle, PA l 7013 2. Name and address of Defendants in the judgment: Name Andrew J. Thomas Address 11 McBride Avenue Carlisle, PA 17013 Karen E. Thomas 11 McBride Avenue Carlisle, PA 17013 3 4. S. 6. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Address 419 Stonehedge Drive Suite 2 Carlisle, PA 17013 961 Weigel Drive P.O. Box 8604 Elmhurst, IL 60126 Attn: Al Spears Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which maybe affected by the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Tenants James M. Bach, Esq. Domestic Relations Cumberland County Address 11 McBride Avenue, Carlisle, PA 17013 352 S. Sporting Hill Road Mechanicsburg, PA 17050 P.O. Box 320 Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. March 6, 2006 ~. '~~Nrt ~ ~ ~n ` ~ /~ ~ /~" r /G DATE TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff r`~ ^i ~.. .. I _,._ y JL' I) '4 [.i ~ ~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff HSBC, A London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Andrew J. Thomas Karen E. Thomas Number OS-5841 Cumberland County Court of Common Pleas NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Andrew J. Thomas Karen E. Thomas 11 McBride Avenue Carlisle, PA 17013 Your house (real estate) at 11 McBride Avenue, Carlisle, PA 17013 (Tax Parcel #02-20- 1800-018) , is scheduled to be sold at Sheriffs Sale on September 6, 2006 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $110,261.04 obtained by HSBC, A London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to HSBC, A London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire aY (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 2. 3. 4. 5. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE OR COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~_, ,, ,, ,~ _,,, . _, ~ LEGAL DESCRIPTION ALL TEAT CERTAIN TRACT OF LAND SITOATS IN THE FIRST BARD OF TH8 BOROUGH OF CARLISLE, CO!ffiERLAZID COONTI, PENNSZLVANL7-, SODNDSD AND -DESCRIBED ACCORDING PURSW1Nl TO A SOAVES 87 RILLIAH B. NHITTOGRC, . PFAFE83IONAL ENGINEER, DATED DECEMBER 8, 1970, AS FOLLOff3: BEGINNING AT THE INTERSECTIONOF THE NORTHEASTERN LIlai OF l4CBRIDE ~ - AVENUE AND THE SODTHEASTERtt LIMB OF AN ALLES 12 FEET FIDB, SAID POINT BEING ALSO 160 FEET IN A SOOTBpASTERLi DIRECTION PRCt4 TBE SOO'1~EASTERN LItH:.QF NORTS 811110VER...6TREET; ,THENCE AIAQ6 THE. SOVlHBASTERN LINE OF SAID ALLEi, NORTS 50 DEGREES 15.t~NUTE8~EAST >- ADISTANCE 08 90 FEE! TO A CORNER 08 LAND NOW Odt FORNERLS OF HARRIETTE LINE; THENCE 87 SAID LANDS, SOUTH 39 DEGREES 45 HII70TES EAST"A DISTARCS OP 2• FEET TO A CORNER OF LANDS NOR OR FORMERLS OF HERMAN SHASTO; THENCE 87 SAID LAND AND THROUf7[ T88 CBNTER OF A . PARTITION BALL, SOOTS 50 DEGREH3 15 l11NUT8S REST A DISTANCE OF .90 FEET TO A POINT ON T88 NORTSEASTERN LINE OF HCBRIDB AVENOE; THENCE ALONG THE NORTHEASTERN LIMB OF MCBRIDB AVSNUB, NORTH 39 DEGREES 45 MINUTEB RBST A DIST71TiC6 OP 24 FEET TO THB PLACB~OF BEGINNING. BEING KNOWN AS 11 McBride Avenue, Carlisle, PA 17013 Being the same premises which Linda J. Barrick n/b/m Linda J. Bixler and Michael L. Bixler, by deed dated the 4/20/2001, and recorded 4/20/2001 in the Office of the Recorder in and for Cumberland County in Deed Book 243, Page 140, granted and conveyed to Andrew J. Thomas and Karen E. Thomas, in fee. TAX MAP PARCEL NUMBER: 02-20-1800-018 McCABE, WF,ISBF.RG ANll CONWAY, P.C. BY: T'ERRENCI+: J. McCABF., ESQUIRE ' Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff HSBC, A London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania SWORN TO AND SUBSCRIBED BEFORE, ME 'THIS 30TH DAY OF vs. Andrew .l. 'Thomas Karen I:. Thomas Cumberland County Court of Common Pleas Number OS-5841 AFFIDAVIT OF SERVICE 1, "ferrence .I. McCabe, Esquire, attorne~~ for the Plaintiff in the within matter, hereby certify that on the 30`~ day of June, 2006, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Chrissandra Shaye Hamilton, Notary Public Glty of Philadelphia, Phila. County M CotfittliSafon Expires JaRUary 4, 2009 G~~ TERRENCE .l. McCABE, ESQUIRE Attornev for Plaintiff NOTARY PUBLIC McCA13E, WI+;ISBERG ANll CONWAY, P.C. I3Y: 'I'ERRI•;NCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 HSBC, a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania v. Andrew J. Thomas and Karen E. Thomas Attorney for Plaintiff COURT OI' COMMON PLEAS Cumberland COUNTY Number AFFIllAVIT PURSUANT TO RULE 3129 I, "Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 11 McBride Avenue, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owners or Reputed Owners: Name Andrew J. Thomas Address 11 McBride Avenue Carlisle, PA 17013 Karen E. Thomas 11 McBride Avenue Carlisle, PA 17013 2. Name and address of Defendants in the judgment: Name Address Andrew .i. "I~homas 11 McBride Avenue Carlisle, PA 17013 Karen E. 'T'homas 11 McBride Avenue Carlisle, PA T 7013 Exhibit `A" 3 4 5 6 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Address 419 Stonehedge Drive Suite 2 Carlisle, PA 17013 961 Weigel Drive P.O. Box 8604 Elmhurst, IL 60126 Attn: Al Spears Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants 11 McBride Avenue, Carlisle, PA 17013 James M. Bach, Esq. 352 S. Sporting Hill Road Mechanicsburg, PA 17050 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 13 ~ ~ ~~ ~~ Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania Inheritance Tax Office 1400 Spring Garden Street Philadelphia, PA 19130 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building Y.O. Box 8486 1-Iarrisburg, PA 17105-8486 1~cchnical Support Group, ~~'i?lian~ Green Federal Bldg. Room 329, 600 Arch Street Philadelphia, PA 19]06 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. June 30, 2006 DATE lr~~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Exhibit `q" McCA13F,, WEISBERG AND CONWAY, P.C. 13Y: '1'EIZRFNCE J. McCA13E, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff HSBC, A London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Andrew J. Thomas Karen E. Thomas Cumberland County Court of Common Pleas Number OS-5841 DA"1B: June 30, 2006 TO: ALL PAR~I'll?S W IN"I'EREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Andrew J. Thomas and Karen E. Thomas PROPERTY: 11 McBride Avenue, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff s Sale on September 6, 2006, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Exhibit "B" ' ~ ! s I v, A w ~ _ a~N~z ~ r~ -- w~ t^ ^~ p, . m co f I ~~ °~~ •~ J, w _ ,~ c y a~ a I ~ 1 I (,~ I I S P~ ~rncn ~ a' I I - u ~ UUO v: = i ~ ry 0. I ~ ~ n''~ 1 l ~~ D aya o~ ~ I ^. v N t I j ~ I c ~ ~ N 'D 1 ~ i I I ' ,_ ~F '' u 'b~~ n x`tiC~n (~'tiC~C7 ~~'"' n~-.,..j ~CrJ'b~'U~C~:I~ ~:/]_A'~7~C~W _^ccoc= ' fi r+ c N ` 4 3 n n'o ~.~i3 ~ O ~ p ~ O r. •- - t ti I ~ (/; ~ i <T Cz1 v D v O N ~'CIG ~ f: `~ C ~ ~ n (D n ° O O y `° ., '~*~ ..d ..~ -'' `< s ~ ~--.~ ~ a `r ,, r I ~ ~ ~ ~ ~' ;rya o~ .~ o ~ ~o ~~ C '-''~ . a -. ~ ~ - ~ ~ ~ o O C o3 ~ rr~ ~ ~ O ~ O ~ - _ A~ fv ~ _- o~ss^~a „ L =^-, ~ ! ~~~ ~ ~ n3 ~ c r ~,3 . ' Cv - ~ ~4', , D ~ ~ ~ ulvrr~4 ~ rn n ~, O c, ~ .. ,~ cn Za -,, ~ a O S o Y d ~ ~~ • o Q z" O" z~ o rn ~ ~ ® ~ ~~~ w w ~~ V ro p a ~ ._. az o ~ v,' ~~ ,~ ~'~ ~~ <z a~ w~ b~ o~ o ~° ~~ o ~~ ~~ ~ ~ ``~~~~d ~ d~~ C~1n a o~~~ .~0='~r"~ ~~a~~c~~ ~,~~~~ ~~p~~~ ~~°~~~ 3 ~ ~ ~ ~ O~ ~ ~ Q ~ o ~ ~ ' ao~o ~ . -h ~Cd ~ ~.~ ~~, '- NP~ ~ D~~ ~ <:~ ~a~.~ ~ ~ ~~ ~~~ ~~~ d~°~ ~~~o~ ~ ~~~ ~~~~~~~ o ~- ~ ~~.~~ ~° ~ UQ ~ ~ CD C ~ ~ ~ ~ ~ §C~F~ ~'~`~ y "•~F gg'' C X33 s? -g =' s si ~ ~ ~a~ ~a~E_ 'i5 ri =. ~2 i ==___ ~ e~ ' c ~£ - _ : ~j ' =E -=y"F. __ ~ s<< c~ ~~ F -e~ 5~~~ ~ r ji: R. ~ ~ ~ ~ Fy5y5 R P~d a~~ ~ o~~ ~ ~~~E RRRRRRp @ E 3 Re3.3 4 333 agag~.e 93~A ~~ r$ ~°4Z F w 0 0 z W w ~u ~' ^o 0 r__,~ 5- , ._f w;__.. 4 ~' ~..: - ~ ~ ' ; ; i McCABE, WEI38ERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 8. Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 HSBC, a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania v. Andrew J. Thomas and Karen E. Thomas Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. OS-5841 PRAECIPE TO MARK JUDGMENT AND WRIT OF EXECUTION TO USE PLAINTIFF TO THE PROTHONOTARY: Kindly mark Judgment and Writ of Execution to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, Use Plaintiff. ~-~J" TER CE J. McCABE, ESQUIRE Attorney for Plaintiff ~ ~ 0 ~ ~ Q G ~ ~ ~ ~~ ~ fs1rr~ r ~ ~ <r-~ ,l c-; ,` ~ N 0 rn ~ ~~ ~ ~ `a ~~ N --t ICJ "~< COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Beneficial C D C dba Beneficial Mtg Co of Pa is the grantee the same having been sold to said grantee on the 6th day of Sent A.D., 2006, under and by virtue of a writ Execution issued on the 6th day of Anril, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 5841, at the suit of HSBC against Andres J Thomas & Karen E is duly recorded in Deed Book No. 277, Page 692. ~, A.D d~, t.umb~nd Counyr, Carlhle, PA ~e.n~ ~ Mo~ara,an.zmo IN TESTIMONY WHEREOF, I ha/ve hereunto set my hand and seal of said office this ~C~ ~ day of HSBC, A London Corporation VS Andrew J. Thomas and Karen E. Thomas In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5841 Civil Term Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 3, 2006 at 12:15 o'clock P.M., he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Andrew J. Thomas and Karen E. Thomas, by making known unto Karen E. Thomas, wife of Andrew J. Thomas, personally, at 506 South Pitt Street, Carlisle, Cumberland County, Pennsylvania, 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2006 at 11:39 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Andrew J. Thomas and Karen E. Thomas located at 11 McBride Avenue, Carlisle, Pennsylvania, 17013 according -to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Andrew J. Thomas and Karen E. Thomas, by regular mail to their last known address of 506 South Pitt Street, Carlisle, Pennsylvania, 17013. This letter was mailed under the date of July 12, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 6, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Terrence McCabe for Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania. It being the highest bid and best price received for the same, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania of 961 Weigel Drive, P.O. Box 8604, Elmhurst, IL 601126, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $978.09. Sheriffs Costs: Docketing $30.00 Poundage 19.18 Posting Bills 15.00 Advertising Acknowledging Deed o~"~ S~ 30 ' ~, . ~ ~~ 1 tt-3 (~., lF.5S3 15.00 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 8.80 Levy 15.00 Surcharge 30.00 Law Journal 371.00 Patriot News 348.80 Share of Bills 19.31 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 978.09 So s rs: ,~rd~'~ R. Thomas Kline, Sheriff B ~ Rea Estate rgeant / /1I I S~b (, r McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 215 790-1010 HSBC, a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY -~ v. Andrew J. Thomas and Karen E. Thomas Number AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 11 McBride Avenue, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owners or Reputed Owners: Name Andrew J. Thomas Karen E. Thomas Address 11 McBride Avenue Carlisle, PA 17013 11 McBride Avenue Carlisle, PA 17013 2. Name and address of Defendants in the judgment: Name Andrew J. Thomas Karen E. Thomas Address 11 McBride Avenue Carlisle, PA 17013 11 McBride Avenue Carlisle, PA 17013 3 4. 5. 6 7. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Address 419 Stonehedge Drive Suite 2 Carlisle, PA 17013 961 Weigel Drive P.O. Box 8604 Elmhurst, IL, 60126 Attn: Al Spears Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which maybe affected by the sale: Name None Address Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Tenants James M. Bach, Esq. Domestic Relations Cumberland County Address 11 McBride Avenue, Carlisle, PA 17013 352 S. Sporting Hill Road Mechanicsburg, PA 17050 P.O. Box 320 Carlisle, PA 17013 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 •Attorney for Plaintiff HSBC, A London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Andrew J. Thomas Karen E. Thomas Cumberland County Court of Common Pleas Number OS-5841,._ ~.. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Andrew J. Thomas Karen E. Thomas 11 McBride Avenue Carlisle, PA 17013 Your house (real estate) at 11 McBride Avenue, Carlisle, PA 17013 (Tax Parcel #02-20- 1800-018) , is scheduled to be sold at Sheriffs Sale on September 6, 2006 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $110,261.04 obtained by HSBC, A London Corporation, s/blm/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to HSBC, A London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stonnin~ the sale. fSee the followine notice on how to obtain an attornev.l ' YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. ... ,... 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriffnot later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after-the-sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL "SERVICE OR COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~~ ~ . LEGAL DESCRIPTION ALL THAT C~RTAIli TRAM OF I.1'12iD SIT~TB IN THE FIRST 1~ARD OF ?HB BOtbO~ OF CLRLISL6, C~ DOONTZ, PBNNSZLY~TIa, BOWIDED ]IlID DESCYtIBED LC+OO~tDING PQRSVJINT TO L 8~tVEZ SZ KILLIIIK 8. 11SI?TO~ZC, . p1tUF888iONAL ENGINEER, DATED DEt~ER 8, 1970, LS FOLLOKS: BEGI1~IIiG LT T88 INTERSECTION OF THB NOR7.'HEA$1'SRli LINE OP M~RIDE LVENVE LND T8L LINE OF LN AI+LEZ 12 FEZT RIDE, 8LID POIN? BEING ALSO 160 FEET IN A Z DTRECTIOlt P~ T~ '. SOrTBTSR]t .LIME ..OF NORTS- R 81'It1ig'1'; _'i'~ ~IIAI~Ii T~ ~... SOVTatA$?SRZi LAZE OF SAID ALLSZ, NORSH 50 DEG1tE=S 15. S' EA$2 >:- ~ .. L DISTLNC~ OF 90 SSEx TO A CO[i~R OF L~ NOi[ OR F'OtS~R3+Z OF H7IRRIETTE LI~1Z; THE'~K3: BZ SLID LL11DS, SOUiB 39 DEGREES l5 MNOTES ELS'f' 1 DIST~ flF 24 FEE! !O L OOttNEA ~+' Ll1ND8 NCB OR FO[~RLZ OF HER~IEif SSLTTO; TREl1t:6 BZ SLID Li1~ID LND TSIiAVC~B TB8 CEIiTER OF L . PARTITION 1pILL, SOtlTH 50 D8~8 15 MIl1nTES 118ST 7-' DI8TllN(3: OF • 90 FEET TO 3. POINT ON TgE LINg OF ~lC8RIDE ~1V8lA7E; . THENCE LIQLDG '1'IiE LIIiH OF M(~RIDB ]1YSNOE, NOttTB 39 ~ . DEtiREES l5 1QNdTEB ifEST A DISTI-NCE OF 2l FEET TO TS$ PL71CZ 0!' BEGIZA+TIZKi. BEING KNOWN AS 11 McBride Avenue, Carlisle, PA 17013 Being the same premises which Linda J. Barrickn/b/m Linda J. Bixler and Michael L. Bixler, by deed dated the 4/20/2001, and recorded 4/20/2001 in the Office of the Recorder in and for Cumberland County in Deed Book 243, Page 140, granted and conveyed to Andrew J. Thomas and Karen E. Thomas, in fee. TAX MAP PARCEL NUMBER: 02-20-1800-018 ', WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-5841 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC, A LONDON CORPORATION, SB/M/A OF BENEFICIAL CONSUMER DISCOUNT COMPANY DB/A BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff (s) From ANDREW J. THOMAS AND KAREN E. THOMAS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $110,261.04 L.L. $.50 Interest FROM 7/28/05 - 9/6/06 $743.33 AT $18.13 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $163.60 Other Costs Plaintiff Paid Date: APRIL 6, 2006 rothonot (Seal) By. REQUESTING PARTY: Deputy Name TERRENCE J. MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 Real Estate Sale # 20 ~l+t' ~0 On May 16, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA Known and numbered as 11 McBride Ave., Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 16, 2006 By: ~ -_~~ Real E e Sergeant 9 S =Z d E l ddd 9001 b'd '1~1N(1Ci; ~i~~~'~..;i~aF3t~f1~ .~.~1~3NS 3FI1 ~~ 3~1~~0 l THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ................ .. ... ,~Ft . .......... COPY Sworn to an ub efore me this 16th day of A SALE #20 coM~roNwl -~~ /// NOT .......................... ;ust 2006 A.D. Notarial Seal Russell, Notary Public Tisbu auphin County resJune6,2010 PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 << :. ~• dllef ~D w. IR (fih ~. ~y ~~ .., .... .. .i. ... ~ .~~ .a aed _~ ~ ~wod 'fie . t# ffie is '#~-'fie ~~~~ :~~_ ~ 16~ ~~ a Vii` ~`~ ~u .15 Utie Awe, :~ ~u 1~Hgil ~~ QM~cMrl k !. ~ ~~~ ~ ~~.;. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 21, July 28, and August 4, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SWOI~"`f0 AND SUBSCRIBED before me this 4 day of August, 2006 NOTARIAL SEAL " LOTS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 20 Writ No. 2005-5841 Civil HSBC, a London Corporation, s/b/m of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Andrew J. Thomas and Karen E. Thomas Atty.: Terrence McCabe LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the First Ward of the Bor- ough of Carlisle, Cumberland County, Pennsylvania, bounded and described according pursuant to a survey by William B. Whittock, Pro- fessional Engineer, dated December 8, 1970, as follows: BEGINNING at the intersection of the northeastern line of McBride Avenue and the southeastern line of an alley 12 feet wide, said point being also 160 feet in a southeast- erly direction from the southeast- ern line of North Hanover Street; thence along the southeastern line of said alley, North 50 degrees 15 minutes East a distance of 90 feet to a corner of land now or formerly of Harriette Line; thence by said lands, South 39 degrees 45 min- utes East a distance of 24 feet to a comer of lands now or formerly of Herman Shatto; thence by said land and through the center of a parti- tion wall, South 50 degrees 15 min- utes West a-distance of 90 feet to a point on the northeastern line of McBride Avenue; thence along the northeastern line of McBride Av- enue, North 39 degrees 45 minutes West a distance of 24 feet to the place of beginning. BEING KNOWN AS 11 McBride Avenue, Carlisle, PA 17013 Being the same premises which Linda J. Barrick n/b/m Linda J. Bixler and Michael L. Bixler, by deed dated the 4/20/2001, and recorded 4/20/2001 in the Office of the Re- corder in and for Cumberland County in Deed Book 243, Page 140, granted and conveyed to An- a~o~..r Thomas and Karen E. McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 HSBC, a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Attorney for Plaintiff Cumberland County Court of Common Pleas vs. Andrew J. Thomas and Karen E. Thomas Number OS-5841 ASSIGNMENT OF BID AT SHERIFF'S SALE HSBC, a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, was the successful bidder at the Sheriff s Sale conducted by the Sheriff of Cumberland County on the 6`~ day of September, 2006 . HSBC, a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, hereby assigns its bid for $1.00 and other valuable consideration to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, without recourse for the property known as 11 McBride Avenue, Carlisle, PA 17013. McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff DATE: ~ ~~ ~~