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HomeMy WebLinkAbout06-6556McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 V. Diane C. Yost a/k/a Diane C. Holliman a/k/a Diane Carol Holliman a/k/a Diane Linkchorst Yost a/k/a Diane Linkchorst Holliman a/k/a Diane Holliman 49 Subdivision Road Newville, PA 17241 and Unified Real Estate Holdings, LLC 871B West King Street Shippensburg, PA 17254 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 4( . 6,Ss6 aC- 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 HIRE A LAWYER, THIS OFFICE MAY BE ABLE "1.0 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 800-990-9108 Le han demandado a usted en la corte. Si i. quiere defenderse de estas demandas ex-puest las paginas siguientes, usted tiene veinte dias de plazo al partir de la fecha de la demo la notificacion. Hace falta asentar comparencia escrita o en persona o con un abog entregar a la corte en forma escrita sus defer. sus objeciones a las demandas en contra persona. Sea avisado que si usted no se defii la Corte tomara medidas y puede continue demanda en contra suya sin previo avi notification. Ademas, la Corte puede deci favor del demandante y requiere que usted ci con todas las provisions de esta demanda. i puede perder dinero o sus propiedades u c derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A ABOGADO INMEDIATAMENTE. SI USTED TIENE A UN ABOGADO, VA A O TELEFONEA OFICINA EXPUSO ABAJO. ESTA OFICINA PUEDE PROPORCIONAR CON INFORMAT ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR P/ EMPLEAR UN ABOGADO, ESTA OFICINA PUI SER CAPAZ DE PROPORCIONARLO C INFORMACION ACERCA DE LAS AGENC QUE PUEDEN OFRECER LOS SERVIC LEGALES A PERSONAS ELEGIBLES EN HONORARIO REDUCIDO NI NING HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 ted a en 20) la y 0y .so su le, la o ra SU LA LO McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 V. Diane C. Yost a/k/a Diane C. Holliman a/k/a Diane Carol Holliman a/k/a Diane Linkchorst Yost a/k/a Diane Linkchorst Holliman a/k/a Diane Holliman 49 Subdivision Road Newville, PA 17241 and Unified Real Estate Holdings, LLC 871B West King Street Shippensburg, PA 17254 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Company of Pennsylvania, a corporation duly organized under the laws of Pennsylvania and business at the above captioned address. 2. The Defendant is Diane C. Yost a/k/a Diane C. Holliman a/k/a Diane Carol Holli a/k/a Diane Linkchorst Yost a/k/a Diane Linkchorst Holliman a/k/a Diane Holliman, who islthe mortgagor of the mortgaged property hereinafter described, and her last-known address is Subdivision Road, Newville, PA 17241. 3. The Defendant is Unified Real Estate Holdings, LLC, who is the real owner mortgaged property hereinafter described, and their last-known address is 871B West King Shippensburg, PA 17254. 4. On 06/11/200 1, mortgagor Diane C. Yost a/k/a Diane C. Holliman a/k/a Diane Holliman a/k/a Diane Linkchorst Yost a/k/a Diane Linkchorst Holliman a/k/a Diane Holliman executed and delivered a mortgage upon the premises hereinafter described to Plaintiff 49 mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1718, Page 64. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 49 Subdivision Road, Newville, PA 17241. 6. Defendant Unified Real Estate Holdings, LLC purchased the mortgage premises at an Upset Tax Sale which was held on 09/21/2006. 7. The mortgage is in default because monthly payments of principal and interest said mortgage due 06/20/2006 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 and all interest due thereon are collectible forthwith. 8. 9 The following amounts are due on the mortgage: Principal Balance Interest through 09/20/2006 (Plus $ 46.37 per diem thereafter) Attorney's Fee Cost of Suit Appraisal Fee Title Search $ 154,556.79 $ 40,394.70 $ 7,727.84 $ 225.00 $ 125.00 $ 200.00 GRAND TOTAL $ 203,229.33 The attorney's fees set forth above are in conformity with the mortgage documf and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff s If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged work actually performed. 10. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA C Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been Defendants by regular mail with a certificate of mailing and by certified mail, return receipt req WHEREFORE, Plaintiff demands Judgment against the Defendants in the $203,229.33, together with interest at the rate of $46.37 per diem and other costs and collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY, P.C BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE on to of VERIFICATION The undersigned, Esquire, hereby certifies that he?she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make verification and that the foregoing facts based on the information from the Plaintiff, who is I not available to sign this, are true and correct to the best of his/her knowledge, information and and further states that false statements herein are made subject to the penalties of 18 PA.C.S. relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY, P BY: ??- - -?- Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE P. ZIEGLER RECO's'.Ue OF DEEDS CUMBERLAND COUNTY-PA JUN 11 PH 3 `t9 711715 M0 IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day 11TH of JUNE 2001 , between the Mortgagor, DIANE C YOST, WIDOW, A/K/A DIANE C HOLLIMAN herein "Borrower" and Mortgagee BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA , a corporation organized-and-existing-under-the-laws•of.• -NNSYLV whose.] address is 419 STONEHEDGE DRIVE, SUITE 2, CARLISLE, PA 17013 (herein "Lender" _ The following paragraph preceded by a checked box is applicable. X WHEREAS, Borrower is indebted to Lender in the principal sum of $. 158,315.79 evidenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage Loan Agreement dated JUNE 11, 2001 and any extensions or renewals thereof (herein "Note"), providing for monthly 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 ind payable on JUNE 11, 2031 WHEREAS, Borrower is indebted to Lender in the principal sum of $ , or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement dated 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 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 IN THE TOWNSHIP OF UPPER MIFFLIN IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING DESCRIBED AS FOLLOWS: LOT 1, PLAN BOOK 44, PAGE 136. BEING MORE FULLY DESCRIBED IN A DEED DATED 09/04/1996 AND RECORDED 09/06/1996, AMONG THE LAND RECORDS 0s-01(ANUED ON ATTACHED EXHIBIT A PA0012A1 XH17C1055AL99MTG9000PA0012A10*xHOLLIMAN X ORI 94. GINAL Fxhibit 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 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 all payments of principal and interest due on a variable rate loan. The contract rate-of_interest and payment amounts -? ?-- Maybe susuiij6 tochange 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 or waiver 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. Lender 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 Funds are pledged as additional security forthe-surns secured-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 03-01-01 MTG III?I I? ICI VIII ICI IIIII ICI ?U IIII ? IU III IIII IIII „H17C1055AL99MTG9000PAOU12A20""HOLLIMAN 1IM111II1I11I11110118 X ORIGINAL PA0012A2 Bao MS PACE 65 -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 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 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 Borrower 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 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 the condominium or-.planned unit , development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. J - -? 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 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. 03-01-01 MTG PA0012A3 n 111 ll l l I IIn ? W III IIII Ull ll?l 111 1111 111 1111 l? ll ll 11111 l?l illl l l l l l l l ill ? ? 1111 1111 ?l? l ? MH17Ci055AL99MTG9000PA0012A30""HOLLIMAN ORIGINAL 7ji 3s,j? '_ r? -BOOK 170 racy.. 66 -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 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 agreement with a lien which has priority over thi s 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 Borrower's successors in interest. Lender shall not be.required.-to commence proceedings against-suchsuccessor 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 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 shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-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 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 Borrower'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 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 shall be given by certified mail to Lender's address stated herein or to such other address as 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 state and local laws applicable to this Mortgage shall be the, laws of the jurisdiction in which the Property is located. The foregoing sentence shall notlimit.,the' . . applicability-of Federal law to,this Mortgage: I Y the event thit any provision or clause of his 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 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 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 Borrower to execute and deliver to Lender, in a form' acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 03-01-01 MTG PA0012A4 I?II??I???l?I??IIII?II??Illlhlllllll IIIIIIIIIII?I???N?I?Illllll?l?llll?ll?lllll? ?, KH17O1055AL99MT09000PA0012A40KKHOLLIMAN " ORIGINAL -5- 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 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-,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 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. NONUNIFORM 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 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 defense of Borrower to-acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums sccurcd by his 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 03-01-01 MTG IIII???IIIIIIIII?I??I?M?IIVIII?It??1VII?IIVIIV11111!®NIIIIII IIIIIIII? xHl7C1055AL99MTG9000PA0012A50""HOLLIMM M ORIGINAL PA0012A5 r? aoo ?718?i1? b? -6- agreements 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 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 shall, prior to acceleration under paragraph 17 hereof, in abandonment Of:thg_Property, have the right to collect and retain such rents is-they become due ind 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. 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. 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. 03-01-01 MTG Illlllll IIII Iilll IIII?N?III?IIIUIIIUII INII II Illll?lll???l?lpl11111l?I?II?IIpI III III®11111 KH17C1055AL99MTG9000PA0012A60XXHOLLIMIAN 'A ORIGINAL PA0012A6" ,.;.•,oxi7.l?rc? 69 -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 aI?c?mbraannceCalnd of any sale or other foreclosure action. DIANE C HO,LLLIIMANJ -Borrower /J/ TONY HOLLIMAN -Borrower 419 STONEHEDGE DR SUITE 2 I hereby certify that the precise address of the Lender (Mortgagee) is: CARLISLE, PA. 17013 On behalf of the Lender. By: COMMONWEALTH OF PENNSYLVANIA, MICAL K LEE Title: A- F County ss: CUMBERLAND 1, CURTIS A WERNER a Notary Public in and for said county and state, do hereby certify that DIANE C YOST A/K/A DIANE':CCHOLLIFMAN AND TONY HOLL11 AN personally known to rn to be the same persons whose names ARE subscribed to the foregoing instrument, appeared before me this day in person, and acknowl ge that T he y signed and delivered the said instrument as _ THEIR free voluntary act, for tFe- uses and purposes therein set forth. Given under my hand and official seal, this My Commission expires: NOTARIAL SEAL Curtis A. Werner, Notary Public South Middleton Twp., County of Cumberland My Commission Expires Sept. 1, 2004 11TH day of JUNE , 2001 roal* q C/A)4t'14? Notary Public CURTIS A WERNER This instrument was prepared by: BENEFICIAL CONSUMER DISCOUNT CO. D/B/A BENEFICIAL MORTGAGE CO. OF PA. (Name) UhMtt #KDGV78h SUITE 2 (Address) (Space Below This Line Reserved For Lender and Recorder Return To: Records Processing Services 03-01-01 MTG 577 Lamont Road PA001ZA7 Elmhurst, IL 60126 lllllll1111 111111i1111?111111111111111111?oilmill 11111111111111111111111111 111 sH17C1055AL99MT69000PA0012A70*sHOLLIMAN " ORIGINAL and7t8rAm 70 EXHIBIT A (PAGE 1) OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 145 AND PAGE 722. TAX MAP OR PARCEL ID NO.: 44-06-0037-024B I Certify this to be recorded in Cumberland County PA 1 C' ` r ? a r • Recorder of Deeds now1718PACE 71 I?IIIII IIIIN??I1??®??II?IIIIIIIIIIIIIIIIIIIIIII?IIII?I?II??III?MII?IIII KH17C1055AL99MTG9000PA0012A00KKHOLLIMAN " ORIGINAL f' Q?N N W 1 SHERIFF'S RETURN - REGULAR CASE NO: 2006-06556 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS YOST DIANE C ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon YOST DIANE/DIANE C HOLLIMAN/ DIANE CAROL HOLLIMAN/DIANE LIN the DEFENDANT , at 2035:00 HOURS, on the 22nd day of November-, 2006 at 49 SUBDIVISION ROAD NEWVILLE, PA 17241 DIANE YOST by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 00 3Ia???? 40 So Answers: R. Thomas Kline 03/27/2007 MCCABE WEISBERG CONWAY Sworn and Subscibed to By?-? before me this day Deputy Sheri f of A.D. SHERIFF'S RETURN - OUT OF COUNTY ?Y CASE NO: 2006-06556 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS YOST DIANE C ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT UNIFIED REAL ESTATE HOLDINGS LLC to wit: but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of FRANKLIN serve the within COMPLAINT - MORT FORE On March 27th , 2007 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answers Docketing 6.00 ' Out of County 9.00 Surcharge 10.00 R. Thomas in Dep Franklin Co 100.00 Sheriff of Cu erland County Postage 1.50 126.50 V 312467 03/27/2007 MCCABE WEISBERG CONWAY Sworn and subscribe to before me this day of County, Pennsylvania, to A. D. H ` In The Court of Common Pleas of Cumberland County, Pennsylvania Beneficial Consumer Discount Company VS. Diane C. Yost et al SERVE: Unified Real Estate Holdings LLC No. 06-6556 civil Now, November 14, 2006 hereby deputize the Sheriff of _ deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT o'clock M. served the , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Franklin County to execute this Writ, this County, PA SHERIFF'S RETURN - REGULAR CASE NO: 2006-00265 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN BENEFICIAL CONSUMER DISCOUNT VS UNIFIED REAL ESTATE HOLDINGS TIMOTHY B HOPPLE ,_?) &a6?4 2 fao il, mi CP 2 Z C? vn? cl a?nc? Ca u n-4 `? ? p (o - l0 55 ? C,w ? Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP MORT FORE was served upon UNIFIED REAL ESTATE HOLDINGS L LC the DEFENDANT , at 0015:00 Hour, on the 20th day of November-, 2006 at 871 B WEST KING STREET SHIPPENSBURG, PA 17257 VINCE STACKFIELD (OWNER) by handing to a true and attested copy of COMP MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So Answers: TIMOTHY B HOPPLE By Deputy Sh f 11/21/2006 MCCABE WEISBERG AND CONWAY Sworn and Subscribed to before A me this day of &00 ? ?/ 1 C%QQ \, -t ? _? A. D. 0 N?ec_ecA__?- Nota y Notarial Seal Richard D. McCarty, Notary Public Chambersburg Boro, Franklin County My Commission Expires Jan. 29, 2007