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HomeMy WebLinkAbout06-3377 RALPH LUCAS and LUCY LUCAS, his wife, Plaintiffs VS. ARNOLD D. CONTRERAS and DEBBIE C. CONTRERAS, his wife, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION MORTGAGE FORECLOSURE p? • 3377 ?,,1 NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt 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 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 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 Complaint in Mortgage Foreclosure DUNCAN & HARTMAN, P.C. BY: William A. Duncan, Esquire Identification No. 22080 One Irvine Row Carlisle, PA 17013 (717) 249-7780 ATTORNEY FOR PLAINTIFF RALPH LUCAS and LUCY LUCAS, his wife, Plaintiffs vs. ARNOLD D. CONTRERAS and DEBBIE C. CONTRERAS, his wife, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION MORTGAGE FORECLOSURE 7tm, o 6 - 33 7 '/ COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiffs, Ralph Lucas and Lucy Lucas, his wife, are sui juris individuals with an address of 7321 E. Dewberry Avenue, Meza, AZ 85208. 2. Defendants, Arnold D. Contreras and Debbie C. Contreras, his wife, are sui juris individuals and are the mortgagors and real owners of the premises hereinafter described. 3. The residence of the Defendants, Arnold D. Contreras and Debbie C. Contreras, is 88 Fairview Street, Carlisle, Cumberland County, Pennsylvania 17013. -2- 4. On January 28, 2000, Defendants made, executed and delivered to Plaintiff, Ralph Lucas, a mortgage (the "Mortgage"), a true and correct copy of which is attached as Exhibit "A" and incorporated herein by reference. The Mortgage was recorded on January 28, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Mortgage Book 1593, Page 703. 5. Ralph Lucas assigned the mortgage to Ralph Lucas and Lucy Lucas by assignment dated March 1, 2000, recorded March 8, 2000 in Cumberland County Miscellaneous Book 639, Page 1017, a copy of which is attached hereto, incorporated by reference and marked as Exhibit "B". 6. The said Mortgage was in the principal amount of $ 30,000.00, with interest thereon at 8% per annum, payable in equal monthly installments of $ 893.78 commencing January 28, 2005. The Mortgage Note is attached hereto, incorporated by reference and marked as Exhibit "C". 7. The Mortgage covers the following real estate (the "Mortgaged Premises") : Tax Parcel 40-23-0592-041, known as 88 Fairview Street, Carlisle, Cumberland County, Pennsylvania. A copy of the Deed is attached hereto, incorporated by reference and marked as Exhibit "D". 8. The mortgage is in default because payments of principal and interest due from February, 2005 and monthly thereafter are due and have not been paid; whereby the whole balance of principal and all interest due thereon has become due and payable forthwith together with late charges, taxes and costs of collection including title search fees and reasonable attorney's fees. r The following amounts are due on the Mortgage and Note: Balance of Principal Interest from 01/28/2000 to 01/28/2005 Unpaid Monthly Principal and Interest payments from 02/28/ 05 through 05/28/05 at $ 893.78 per month Debit balance as of 5/26/06 2004 Real Estate Taxes 2005 Real Estate Taxes Title Search Fees -3- $ 30,000.00 14,079.84 13,406.70 983.72 912.77 125.00 Attorney's Fee 5% 2,969.15 Late charges on Overdue Amount From 02/28/05 through 05/28/05 at $ 35.75 per month 536.25 Total as of 6 / I y / p 6 : $ 62,888.43 10. Plaintiff has complied fully with Section 403 of Act No. 6 of the 1974 Session of the General Assembly of the Commonwealth of Pennsylvania, 41 P.S. §403 ("Act 6), by mailing to Defendants at 88 Fairview Street, Carlisle, PA on August 27, 2005 notice of intention to commence mortgage foreclosure proceedings against them. WHEREFORE, Plaintiffs demand judgment against the Defendants for foreclosure and sale of the mortgaged premises in the amounts due as set forth in paragraph 8, namely, $ 62,888.43, plus the following amounts accruing after May 28, 2005, to the date of judgment: interest; late charges of $ 35.75 per month; plus interest at the legal rate allowed on judgments after the date of judgment, additional attorney's fees (if any) hereafter incurred, and costs of suit. DUNCAN & WTMAN, P.C. m Attorney for Plaintiff -4- VERIFICATION The undersigned, having read the attached Complaint, hereby verifies that the facts set forth therein are true and correct to the best of his or her knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S. section 4904 pertaining to unsworn falsification to authorities. Ralph Lucas Lucy Lucas SLATE OF ARIZONA COWMIF OF MAI Date S 3 a- ? a F, Dat This insTU,-I't ^slhefiremethis.:3-1 dayot ?__ -904,_ _ .; '#,a l h + t va{ L J CA 5_ I9?ar whey erewibh s-f my hand and official seal. ?"? . NOTARYPUBl1C OFFICIAL SEAL REBECA BALDENEGRO . a NOTARY PUBLIC-ARIZONA MARICOPA COUNTY • My Comm. Expires Oct. 31, 2009 wwop lyy o • • _ 1JtlW ? aatlioN D38321 •? o am -5- ,o ?r??b to REAL ESTATE MORTGAGE"! e-!; ., t 00 r1J 28 Pfd 2 33 INDENTURE, made this 28th day of January, 2000, by and between ARNOLD D. CONTRERAS and DEBBIE C. CONTRERAS, of Gardners, Cumberland County, Pennsylvania (Mortgagor) and RALPH LUCAS, of 4900 Dudleyville Road, Winkelman, AZ 85292, (Mortgagee). MORTGAGOR, on this date, has executed a Note by the tams of which MORTGAGOR has become indebted to MORTGAGEE in the sum of Thirty Thousand Dollars and 0100 DOLLARS (530,000.00) to be paid until The entire sum is paid in full. Unless applicable law provides otherwise, all payments received by Lender pursuant to the tents of this Note shall be applied to principal due. MORTGAGOR shall not destroy, damage or impair the property, allow the property to deteriorate, or permit waste on the property. MORTGAGOR shall be in default if any forfeiture action or proceeding is begun that in MORTGAGEE's good faith judgment could- result in forfeiture of the property a otherwise materially impair the lien anted by this security instrument or MORTGAGEES security interest. MORTGAGOR may cunt such a default and reinstate by causing the action or proceeding to be dismissed with a ruling that, in MORTGAGEE's good faith determination, precludes forfeiture of the MORTGAGOR's interest in the property or other material impairment of the lien created by this security instrument or MORTGAGEES security interest. MORTGAGEE or its agent may make reasonable entry upon and inspections of the properties. MORTGAGEE shall give MORTGAGOR notice at the time of or prior to an inspection specifying reasonable cause for die inspection. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of &a properly, or for conveyance in It= of condemnation, ere hereby assigned and shall be paid to MORTGAGEE. In any event of the total taking of the property, the proceeds shall be applied to the sums secured by this security butrument, whether or not than due, with any excess paid to MORTGAGOR. In the event of a partial taking of the property in which the fair market value for the property immediately before the taking is equal to or greeter than the amount of the soma secured by this security imwment immediately before the taking, unless MORTGAGOR and MORTGAGEE otherwise agree in writing, the soma secured by this security instrument shell be reduced by the amount of the proceeds multiplied by the Ibllowing reaction: (a) the total amount of the sums secured immediately before the taking divided by (b) the fair market value of the property immediately before the hiking. Any balance shall be paid to MORTGAGOR. In the event of a partial taking of the property in which the fair market value of the property immediately before the taking is less than the amwrmt of the sans secured immediately before the taking, unless the MORTGAGOR and MORTGAGEE otherwise eaal1.593fm• 703 agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this security instrument whether or not the aume am, than due. If the properly is abandoned by MORTGAGOR or it after notice by MORTGAGOR to MORTGAGEE that the condemnor offers to make an award or acute a claim for dwages, MORTGAGOR fails to respond to MORTGAGEE within thirty (30) days after the date the notice is given, MORTGAGEE is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the property or to the sums secured by this security instrument, whether or not then due. Unless MORTGAGOR and MORTGAGEE otherwise agree in writing or unless appliable low otherwise provides, the proceeds dull be applied to the sums secured by this security instrument whether or not the sums son dust duea If the property is abandoned by MORTGAGOR or it after notice by MORTGAGOR to MORTGAGEE that the condemnor offers to make an award or settle a claim for damages, MORTGAGOR fails to respond to MORTGAGEE within thirty (30) days altar the data the notice is given, MORTGAGEE is authorized to collect and apply the proceeds, at its option, either to restonstion or repair of the property or to the sums secured by this security instrument, whether or not then due. Unless MORTGAGOR end MORTGAGEE otherwise agree in writing, any Application of proceeds to principal shall not extend or postpone the due date of the monthly payment referred to in the Notes Extension in the time for payment or modification of amortization of the aume secured by this security instrument granted by the MORTGAGES to any successor in interest of MORTGAGOR "I not operate to release the liability of the original MORTGAGOR or MORTGAGOR'S successor in interest. MORTGAGEE shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise rnodily amortization of the sums secured by this security instrument by reason of any demand made by the original MORTGAGOR or MORTGAGOR's successor in interest Any forbearance by MORTGAGEE in exercising my right or remedy shall not be a waiver of or preclude the exercise of my right to remedy. The covenants and agreements of this security instrument dull bind and benefit the successor and assigns of MORTGAGOR and MORTGAGEE subject to the provisions herein for the transfer of the property or a transfer of a beneficial interest in the MORTGAGOR. If all or my pert of the property or any interest in it is sold or Iransfarred (or if a beneficial interest rn MORTGAGOR is sold or tranaferrad and MORTGAGOR is not a natural person) without MORTGAGEE's prior written consent. MORTGAGEE may, at its option, require immediate payment in full of all sum secured by this security instrument. However, this option shall not be exercised by MORTGAGEE if exercise is prohibited by federal taw as of the date of this security instrument. If MORTGAGEE exercises this option, MORTGAGEE shall give MORTGAGOR notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the date the notice is delivered or mailed within which MORTGAGOR my pay all sum secured by this security instrument If MORTGAGOR fails to pay the sues prior to the expiration of this period, MORTGAGEE may invoke any remedies permitted by this security instrument without further notice or demand on MORTGAGOR. eaor1593racc.204 MORTGAGEE shell give notice to MORTGAGOR prior to acceleration following MORTGAGOR's breach of my covenant or agreement in this security instrument. MORTGAGEE shall notify MORTGAGOR of among other things: (a) The delimit; (b) the action required to cure the default; (e) when the default must be curd; and (c) that failure to cure the default av specified may result in acceleration of the sumo segued by this security instrument, foreclosure by judicial proceeding and gale of the property. MORTGAGEE shall further inform MORTGAGOR of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non- existence of a default or any other defense of MORTGAGOR to acceleration or foreclosure. If the default is not curd a specified, MORTGAGEE, at its option, may require immediate payment in full of all sums mowed by this security instrument without gather demand, may foreclose this security instrument byjudicial proceeding. MORTGAGEE shall be nodded to collect all expenses incurred in pursuing the remedies provided herein, including, but not limited to, attorney's fees and costs of tide evidence to the extent permitted by applicable law. MORTGAGOR agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the legal rte, pursuant to 41 PS 202. This mortgage and the lien thereof, shall be security for this debt and for any and all loans that may be made by MORTGAGEE to MORTGAGOR at any future time; provided, however, that at no time shall the sum of the unpaid balances, of the present debt and all subsequent loans exceed in the aggregate an unpaid face amount of S 30,000.00. MORTGAGOR covenants end warrants that MORTGAGOR has full fee simple title or equitable file to the mortgaged premises hereinafter described, that MORTGAGOR will pay the above mentioned debt a required by the said note, and arty future loans an required; that the buildings on the promises shall be Inept insured against loss by fire for the benefit of MORTGAGEE, in companies and amounts satisfactory to the MORTGAGEE, with a standard mortgages clause; and MORTGAGOR will pay any tax, assessment or other governmental charge, including avatar and sewar rents, sustained against or imposed upon the said premises, and will deliver to MORTGAGEE, receipts therefore immediately upon demand. Upon nonpayment by MORTGAGOR, the entire balance of the aforesaid debt shall become due and payable, at the option of MORTGAGEE, as provided in the note. In the avant that MORTGAGEE retains an attorney to institute an action on the said note or to foreclose on this Mortgage, than MORTGAGOR shall pay, in addition to the balance due on the said note, including interest, if my, an momey's collection fee of 15 per cent of the full amount then due and costs of suit; and in the event that MORTGAGEE obtains a judgment against MORTGAGOR in the suite on the said note or on this Mortgage, and thereafter issues a writ of execution a other appropriate writ on saidjudgment, then MORTGAGOR hereby waives all rights and benefits under any and all laws or rulea of court now or hereafter in effect graming or permitting any exemption or stay of execution against the mortgaged premises or any other property whensoever, and any such judgment shall bear interest at all applicable rates until the full amount due MORTGAGEE is actually paid, by the Sheriff or otherwise. gout1593not .705 NOW, THEREFORE, MORTGAGOR, in consideration of the said debt, and to secure Payment thereof, hereby grants, bargains and sells to MORTGAGE: all that real estate as set forth in the attachad Exhibit "A". TO HAVE AND TO HOLD the said premises onto MORTGAGEE forever. PROVIDED, nevertheless, that if MORTGAGOR shall pay to MORTGAGEE the entire debt as herainbefore set forth, then the estate hereby granted shall cease, determine and become void. IN WITNESS WHEREOF, the said MORTGAGOR has caused this Indenture to be signed the day and year first above written. WITNESS sr) AI464a ODCO/NTRERAS -44 l /? $ E-!SEAL) DEBBIE C. CONTRERAS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the day ZA . before me, the undersigned officer, personally appeared the above•nrnol d D. and Debbie C. Contreras, Imovm to me or satisfactorily proven to be the persons whose names are subscribed to the within insmarmart, and acknowledged that they executed the some for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. The address of the within-named Mortgages is: 4900 Dudleyville Road Na M SW Winkelman, A2:85292 I Gr p ,aNOM PUWW m BE MyegMN b, E.p eaua1593ria .706 LEGAL DESCIPTION 98 Fairview Street, Carlisle, PA 17013 AH that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described es follows: BEGINNING at an iron pin on the western right of way line of Township Road T-512, also (mown as Fairview Street, at the dividing line of land, now or formerly of Ronald D. Yates and land to be conveyed herein; South 86 degrees 15 minutes West, a distance of 300 feet to a point at land, now or formerly of Kemeth E. Zeigler, then North 03 degrees, IS minutes West, a i isance of 55 feet to a point at the dividing line of Lots 1 end 2 on the hereinafter mentioned Subdivision Plan; thence North 86 degrees, 15 minutes East, a distance of 30D feet to a point on the western right of way line of said Township Road T-512; thence South 03 degrees 15 minutes Beat a distance of 55 feet to an iron pin the Place of Beginning. BEING the northern 35 feet of Lot No. 61, Block "H" and the southern 20 feet of Lot No. 62, Block "H" of that certain Plan of Lots known w Fairfield recorded in Plan Book 2, Page 80. The same southern 20 feet of Lot 62, Block "H", also, being Lot No. 2 on the Final Subdivision Plan for Charles J. Rigglemen recorded in Plan Book 64, Page 92. _i_.. ,,, ornnrl'Nanle l it, Pimi:arlandJ '. ,',-',;;:: o!i!cs tar the recording d Dads Nand Counq.?? Poe°- yhind MOB y54-'-ua1JP sent BWMSWrw .707 FC9Ei:T C. "IE^LER RCOODD"!' 01'ii-EDS CULIDERLA!17ON'o .-PA "00 RRR 6 P(I 3 06 ASSIGNMENT OF MORTGAGE FOR VALUE RECEIVED, the undersigned Ralph Lucas ("Assignor') whose address is 4900 Dudleyville Road, Winkelman, AZ 85292 does hereby grant, sell, assign, transfer and convey unto RALPH LUCAS and LUCY LUCAS (husband and wife) 4900 Dudleyville Road, Winkelman, AZ 55292 its successors and/ or assigns ("Assipcel, all his right, title and interest in a certain Mortgage dated January 28, 2000, made and executed by Arnold D. Contreras and Debbie C. Contreras to and in favor of Ralph Lucas upon the following described property situated in Cumberland County, Commonwealth of Pennsylvania with an address of 88 Fairview Street, Carlisle, PA 17013 and further described in Exhibit "A" attached hereto. Such Mortgage having been given to Secure payment of Thirty Thousand Dollars which mortgage is of record in Book 1593, Page 703, in the Office of the Cumberland County Recorder of Deeds together with the Note and obligations therein described and the money due and to become due thereon with interest, and all accrued or to accrue under such Mortgage. TO HAVE AND TO HOLD the same unto Assignee, its success s and assigns, forever, subject only to the terms end conditions of the above described Mortgage. IN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Mortgage on the of aV02;4 _ 2000. elph Lucca I certify that the correct name and address of the within named Assignee is: Ralph and Lucy Lucas 4900 Dudleyville Road Winkelman, AZ 85292 Hubert X. Gilroy, Esgtp BOOR 630 PACE 1.017 STATE OF ARIZONA A7? Y . x COUNTY OF On this, the day of i /&eA , 2000, before me a Notary Public, the undersigned offices, personally ap Ralph Lucas, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within lrutnunmt, end acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Stays of paramyNenia l County of Cumbetans Recorded in the offlee for the recording ofOeedf act. ins InTJ?-i "gypNmmd Coop n 35a6e 2a/7 / I wilnWmy hand a fxlawik: of co Cu11fN, pa eta rtNr s%A 639 pui) )78 v[.r Note , i J UT•I-.Li-200ti . 14 • `10' YHNf-.. L 'ft. rUWtF,' Y: 19H l rl 4bU b'?ib b?>7b f•'. Off i? 1ci NOTE January 28, 2000 Carlisle, PA 88 Fairview Street. Carlisle, Cumberland County, Pennsylvania, (property address) BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $30,000.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is Ralph Lucas. I understand that the Lender Wray transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the fall amount of principal has been paid. I will pay interest at a yearly rate of 8%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS I will make no payments of principal or interest for the first five years of this loan. At the end of five years, I acknowledge that the principal and accumulated interest will equal $44,079.84. At that time, I will start making monthly payments in the amount of $893.78, to be applied first to interest and then principal, until I have paid all the principal and interest. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payment of principal at any time before they are due. A payment of principal only is known a<s a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that f owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. LJfi'-7.4- NNE ]. =L'7ti YHIVK. Udt r'UWLt x, 11H1N 4bO dJU b-,Jj Y. Lib/ It3 5. LOAN CHANGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE To PAY AS REQUIRED (A) Gate Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen (15) calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be four per cent (41.1o) of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default Any of the following events shall constitute a default under this Note: 1. Failure to pay any installment of principal and/or interest or any other sum due under this Note on its due date; 3. Failure to perform or comply with any other provision of this Note or any Mortgage or a violation of any such provision; or 3. Any event which is defined or stated in this Note or any other Mortgage to be a default. Upon the occurrence of a default, Lender may collect any late charges, interest on overdue amounts, and damages or iosses to Lender by reason of the default and may set off the security pursuant to a security instrument against or applied to any sum due under this Note or any Mortgage. (C) Events of Default Any of the following events shall constitute an "event of default" under this Note: I . Failure to pay one or more installments of principal and/or interest due under this Note on or before their respective due dates during any one month period; _I UPF'14-- MUD 14: Cry bHP Ir. UNC F'Uin?tF u PM 1 N 4LgU 5'-jU bCDJh F. Uj/ 1'c. 1 Any representation or warranty contained in this Note or the Mortgage or any other writing delivered to Lender in connection with this Note or any affidavit given by or on behalf of Borrower pursuant to any provision of this Note or the Mortgage is breached or is found to be incorrect or untrue; 3. In the attachment or seizure of or execution against any of the mortgaged property by any person or entity; 4, Any default which could, in the absence of the immediate exercise by Lender of a right or remedy, results in irreputable harm to Lender, impairment of this Note or any secunry of this Note or damage to or loss to the mortgaged property or any other security for this Note; 5, The occurrence of any event of default as defined herein; or 6. Any default other than those described above in Clauses I through 5 which is not cured within thirty (30) days after Lender gives notice of such default to Borrower. (D) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (E) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (F) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note tioider will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. These expenses include. for example. reasonable attorneys' fires. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. bHMY.. UNt r-'UldtK I`IHIN µdb ti':4U r;?-Ib r". LrL'l.i? Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the atnounts owed under this Note_ 9. WAI' RS Borrower hereby waives and releases Lender and its attorneys from all errors, defects and imperfections in any proceeding instituted or maintained by Lender under this Note. Borrower hereby, to the extent not prohibited by law, waives all benefit of any and all present and future statutes of limitations and moratorium laws and any and all present and future laws which (a) exempt all or any part of the mortgaged property or any other real or personal property or any part of the proceeds of any sale of any such property from attachment, levy, foreclosure, or sale under execution, (b) provide for any stay of execution, marshalling of assets, exemption from civil process, redemption, extension of time for payment, or valuation or appraisement of all or any part of the mortgaged property or any other real or personal property, or (c) conflict with any provision of this Note or any other loan document. Borrower agrees that the mortgaged property and any other real or personal property may be sold to satisfy any judgment entered under this Note or any otter loan document in whole or in part and in any order as may be desired by Lender. Borrower and all endorsers, and sureties and guarantors, jointly and severally: A. Waive presentment for payment, demand, notice of demand„ notices of non- payment or dishonor, protest, and notice of protest of this Note, and all otter notices (not expressly provided for in this Note) in connection with the delivery, acceptance, performance, default, or enforcement of the payment of this Note; B. Agree that the liability of each of them by unconditional without regard to the liability of any other party and shall not be affected in any manner by any indulgent, extension of time, renewal, waiver, or modification granted to or consented to by lender at any time; C. Consent to any and A indulgences, extensions of time, renewals, waivers or modifications granted or consented to by Lender at any time; 1 ti l ti14 a -'` bHl+: LITAL f'LIWtK & PIH I H 4;1du d`_lu t, :Jt FI l i l 16 D. Consent to the release of all or any part of or interest in the mortgaged property with or without substitution; E. Agree that additional makers, endorsers, guarantors, or sureties may become parties to this Note or any other loan documents without notice to them or affecting their liability under this Note or any other loan document, 10, DUE ON SALE CLAUSE If Borrower shall, without in each instance the prior written consent of Leader, sell, transfer, convey, mortgage, encumber, lease or otherwise alienate all or any part of the mortgaged property or any interest therein (except for leases permitted by the Mortgage), whether voluntarily or by operation of law, then Lender may, at its sole option, declare the indebtedness to be immediately due and payable, whereupon all such principal and other sums shall be immediately due and pavable- 11. CONFESSION OF JUDGMENT Borrower hereby irrevocably authorizes and empowers any attorney or attorneys or the Prothonotary or any clerk of any court of record in the Commonwealth of Pennsylvania, or in any other jurisdiction which permits the entry of judgment by confession, to appear for Borrower in such court and in appropriate action there brought or to be brought against Borrower at the suit of Lender on this Note, with or without complaints or declarations filed, as of any term or time, and therein to confess or enter judgment against Borrower for all terms due by Borrower to Lender under this Note (with or without acceleration of maturity), including all vests, attorney's fees and the attorney's commission provided for under Paragraph 6(F) or at Lender's option, for a sum which is equal to one and one-quarter times the unpaid principal balance of this Note. For so doing, this Note or a copy hereof verified by affidavit shall be a sufficient warrant. The Authority to profess judgment is granted herein shall not be exhausted by any exercise thereof but may be exercised from time to time and at any time as of any term and for any amount authorized herein. Borrower expressly authorizes the entry of repeated judgmerrts under this paragraph notwithstanding any pri or entry of judgment in the same or any other court for the same obligation or any part thereof, BORROWER ACKNOWLEDGES THAT IT HAS BEEN REPRESENTED BY COUNSEL TN CONNECTION WITH THE EXECUTION AND DELIVERY OF THIS NOTE AND THAT IT UNDERSTANDS THIS PROVISION FOR CONFESSION OF JUDGMENT, AND BORROWER WAIVES ANY RIGHTS AND NOTICE OR A HEARING WHICH IT MIGHT OTHERWISE HAVE BEFORE ENTRY Of JUDGMENT. ]I1N-14-200 1-1:U0 eJHNr,, UNL h'U1Alt1-,' o: MHIN 416U 67h Ib---'7G h'. lci '7.I:? 12. SECURITY FOR NOTE This Note is secured by, among other things, a mortgage on the premises located at 88 f airview Street, Carlisle, Cumberland County, Pennsylvania, more particularly described in Exhibit A attached hereto (hereinafter referred to as the "mortgaged property"). All the terms, covenants, agreements, conditions, warranties and provisions (collectively the "provisions") contained in the Mortgage are hereby incorporated into this Note with the same force and effect as if they were fully set forth herein. Borrower covenants and agrees to comply with and perform all such provisions, or cause them to be complied with and perform, strictly in accordance with their terms. WITNESS THE HAND(S) ANDS (S) OF THE UNDERSIGNED • (SEAL) LD D. CONTRERAS Harrower r (SEAL) DEBBIE C. CONTRERAS Borrower .* (Sign original only) TIME Parcel g o?a?c1 6cJ 40.23-0592-041 w ?eeb 4 MADE thisa8tdayof &A4,. . Two -Thousand (2000). BETWEEN CHARLES J. RIGGLEMAN & FERN E. RIGGLF,MAN, husband and wife, of Cumberland County, Pemuylvania, Grantors, AND ARNOLD CONMERAS and DEBBIE CONTRERAS , husband and wife, of Cumberland County, Pawylvania, Gramo , Wimeaeath in consideration, of Filly-Five Thousand Dollars and 00/100 ($55,000.00), in hand paid, the receipt whereof is hereby acknowledged, Greeters do hereby grant and convey in fee simple to Grantees their hems and wigs, All that vestals tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: -- BEGINNING at an iron pin on the western right of wary line of Township Road T-512, also known as Fairview Street, at the dividing It= of lard, now or formerly of Ronald D. Yates and land to be convoyed berein; South 86 degrees 15 minutes West, a distance of 300 feet to a point at heed, now or fomtedy of Kenneth E. Zeigler, then North 03 degrees, 15 minutes Weet, a dblmce of 55 fat to a point at the dividing line of Lots I and 2 on the hareinafter mentioned Subdivision Plan; theme North 86 degrees, IS minutes East, a distance of 300 feet to a point on the western right of way line of said Township Road T-512; thence South 03 degrees 15 minutes East a distance of 55 fat to an iron pin the Place of Beginning. BEING the northern 35 feat of Lot No, 61, Block "H" and the southern 20 feet of Lot No. 62, Bloch "H" of that certain Plan of Lots known as Fairfield recorded in Plan Book 2, Page 80. The same aouthem 20 fed of Lot 62, Block "H", aim, being Lot No. 2 on the Find Subdivision Plan fbr Charles 1. Riggleman recorded in Plan Book 64, Page 92. BEING the same premses which Glenn E. Riggleman, by deed dated Decarrber 3, 1999, and recorded in the Office of the Recorder of Dada of Cumberland County, Peruroylvada, in Deed Book 212, Page 742, granted and conveyed umo Charles J. Riggiman and Fan E. Rigglamm, Grantors herein. ALSO, BEING pan of Parcel No. 2 of the property Mary E. Clapper, widow, conveyed to Charles 1. Riggleman and Feu E. Riggle m, husband and wife, Creston herds, by dad dated September 2, 1955 and recorded September 7, 1955, in Deed Book 16-1t, Page Ml eo9r. 2l.5 rlc: 556 And Grantors do hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, Grantos have hereunto ad their hand and seal the day and year fist above written. WITNESS -a" charleaLpiggl r r , 61,01, Fem E. Rigglemm COMMONWEALTH OF PENNSYLVANIA as COUNTY OF CUFIDERLArND ',op On this, theepday o//f 7M4 beforo me, a notary public in cod lior the Cowry of Cumberta d, Cwunon of P Ivanis, the uodesigoed officer, personally appmed Choice P Rigglem to and Fern E. Rlg&nan, known to me (or satisfactorily proven) to be the Pumas when mama are euNrn'bed to the within imWment, and acknowledged that they exwvted the same for the purpom therein contained. IN WITNESS WHEREOF, I hereunto act my hand and official seal. ?IaRw A d", uywwae? _ otary Mv`t:nn° 5i Po is ; W?W l do hereby oediTy thatF??I J Lt- the precise rnidence and en lclepou officead?ay of the within Grantees $F <'n?a l?na}?? V 4'013 BOOK 15 Pace 551 COMMONWEALTH OF PENNSYLVANIA : so COUNTY OF CUMBERLAND RECORDED on day of f BookCounty in Deed -- A.D. 2000, in the Recordels Office of dw said Reoo?der ? e c _ c m V i I yrl ss?S?x?YI??B ? r ?, ? O ^ 215 PACE 556 IN J 1 0. z..,. 2:& : . 9 N k.. In d Ilk, c.? r `s1 K RALPH LUCAS and LUCY LUCAS, his wife, Plaintiffs vs. ARNOLD D. CONTRERAS and DEBBIE C. CONTRERAS, his wife, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION 06-3377 MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I, William A. Duncan, Esquire, being duly sworn according to law, do swear that I served a Certified true copy of a Complaint in Mortgage Foreclosure on the Defendant, ARNOLD D. CONTRERAS, by hand delivering a copy of same to him at his home located at 88 Fairview Street, Carlisle, Pennsylvania on June 16, 2006 at 5:20 P.M. VA ALA?- (- -? William A. Duncan, Esq. Sworn to and subscribed before me this day of Surf' 2006. (SEAL) 1 Irvine Row Carlisle, PA 17013 Notaryublic NOTARIAL SEAL Kathy L. Mummert, Notary Public Borough of Carlisle, Cumberland Co., PA My Commission Expires Aug. 11, 2007 C7 o C? ._.. `. ?` --r ?" ' ra i -- ?5._ ....?. -' C`J ? . 'c lTl CI - -? 4J C: RALPH LUCAS and LUCY LUCAS, his wife, Plaintiffs vs. ARNOLD D. CONTRERAS and DEBBIE C. CONTRERAS, his wife, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION 06-3377 MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I, William A. Duncan, Esquire, being duly sworn according to law, do swear that I served a Certified true copy of a Complaint in Mortgage Foreclosure on the Defendant, DEBBIE C. CONTRERAS, by hand delivering a copy of same to her husband at her home located at 88 Fairview Street, Carlisle, Pennsylvania on June 16, 2006 at 5:20 P.M. Sworn to and subscribed before me this / (P- day of L Al 2006. William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Notary Kathy L. Mummert, Notary Public Borough of Carlisle, Cumberland Co., Pi My Commission Expires Aug. 11, 2007 C S ?? ?' ?- '<o "tl cr Y C..... ? 1'iR f? _(, ? T•J ..- ''.? ?-7 _ -? , ?: _ ? .:-?C--? Z., -? G :? Curtis R. Long Prothonotary office of the Vrotbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor . blo - 33 7:7 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573