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in the Cumberland County Recorder's Office in Deed Book "T", Volume 27, Page 929, more
specifically set forth in Exhibit "C", attached hereto and made a part hereof by reference,
6. Said note and said real estate mortgage arc in default because Defendants herein have
failed to pay the payments that were due and owing for the months of February 1997, March
1997, April 1997 and May 1997.
7, The PlaintilT has given to the Defendants written notice of intention to foreelose on
said mortgage as required by law under Act 6, dated April 8, 1997, a copy of which is marked
Exhibits "D" and "E", and attached hereto and made a part hereof by reference,
8. The Plaintiff has given written notice of default as required by the Homeowner's
Emergency Assistance Act of 1983, dated April 8, 1997, a copy of which is marked Exhibits
"F" and "G", and attached hereto and made a part hereof by reference.
9, By reason of the aforesaid default, the entire principal balance of Eighty-six Thousand
One Hundred Forty-three and 09/100 ($86,143,09) Dollars, with interest thereon at the rate of
9.50 % per annum computed from March II, 1997, and attorney's fees in the amount of Four
Thousand Three Hundred Seven and 15/100 Dollars ($4,307.15) are now due and payable,
10, The Defendants are liable to the PlaintilTfor the following on said mortgage loan:
A. Principal amount and interest
B, Attorney's Collection fee
TOTAL
$86,143.09
$ 4,307,15
$90,450,24
PROMISSORY NOTE
Principal Loan Date Maturity Loan No
$100 000.00 04-02-2008
References In Ihe sheded erea ele for Lenders use onl
Account
Inltlala
Borrower: Ronald L. Kepner
Sharon E. Kepner
1472 ZImmerman Reed
Carllale, PA 17013
Lender: Farmerl Trull Compeny
Main Olnce
One Will HIgh Slreel
Carllale, PA 17013
Principal Amount: $100,000.00 Intereat Rate: 9.500% Date of Note: March 6, 1992
PROMISE TO PAY. 1 proml.. 10 pey 10 Farmerl Trull Company ("Lender"I, or order, In lewlul money ollhe Unlled SIIIII 01 America, Ihe
principal ernounl 01 One Hundred Thousand & 00/100 Dollarl ($100,000.00), logelher wllh Inleree' altha rela 01 UOO% per annum on Ihe
unpaid principal balancelrom March 11, lV1l2, unlll paid In lull.
PAYMENT. I will pey Ihll loan In 418 peymenle 01 $485.74 eeeh peymenl. My nrel peymenlll due March 25, lV1l2, and allaubllquenl
peymenla are due on Ihe lIIn1e dey 01 eeeh two weeka aftar Ihal. My nnal peymenl will be due on April 2, :>008, and will be lor all principe' and
all eecrued Inleresl nol yel paid. Peymenla Include principal and Intereal. Interest on this Note Is computed on a 365I36S simple Interest be.ls;
thells, by epplylng the rello of Ihe annuallnleresl rale over the number of days In a yaar. Umas lhe oulslandlng prlnclpel balence. tlmas lhe aclual
numbot 01 days the principal balance Is oulslanding, I will pay Lendor al Lenda~s address shown above or al such olher place as Lendar may
designaleln wriUng, Unless oth8lWise agreed or required by applicable law, payments will be appUad first 10 accrued unpaid Inleresl, lhen 10 principal,
and any ramalnlng amount 10 any unpaid colleeUon costs and lale cherges,
PREPAYMENT. I agree lhel all lcan lees and olhot prepaid finance charges are earned fully as of Ihe date of Ihelcan and will nol ba subjecllo rafund
upon early payment (whether volunlary or as a resull of delaull). excepl as othelwise ,aquired by law. Excepl for the foregoing, I may pay wilhout
penalty all or a portion of Ihe amounl owad eariier lhen Ills due, Early payments will nol, unless agreed 10 by Lendor In wriUng, relieve me of my
cbllgallon 10 conllnue 10 make payments under the paymenl schedule. Ralher, lhey will reducelhe principal balance due and may resullln my making
fewer payments,
LATE CHARGE. lIa paymenlls 15 deyl or mora lala,l will be cherged 5.000% 01 lhe regularly echeduled peymenl.
OEFAll.T, I will be In deleull II any of the following heppens: (a) I fall 10 make eny payment when due, (b) I break any promise I heve made 10
Lender, or Ilelllo perlorm promplly ellhe lime end slriclly in Ihe manner provided In Ihls Nole or any egreemenl releled 10 Ihls Note, or In any other
agreemenl or lcan I have wllh Lendar. (c) Any reprasenlallon or slalamenl made or furnished 10 Lender by me or on my behellls false or misleading In
any malerlal respecl. (d) I die or become Insolvenl, a ,ecelvot Is appointed for any part of my property, I meke an asslgnmenl for lhe benefit of
credilors. or any prCC88dlng Is commenced ellher by me or agalnsl me under any bankruptcy or Insolvency laws, (e) Any credilor IrIas 10 lake any 01
my property on or In which Lendot hes a lien or security Interest, This Includes a garnishmenl 01 any of my accounts with Lender. (Q Any 01 the
events descrtbed In this defaull secllon cccurs wilh respecllo any guaranlor 01 Ihls Note,
LENOER'S RIGHTS. Upon delaull. Lender may declare lhe enUre unpaid principal balance on Ihls Nole and all accrued unpaid Inleresllmmediately
due, wllhoul notice. and then I will pay thet amoun!. Lendot may hire or pay somacne else 10 help colleellhls Nole if I do not pay, I also will pay
Lendot Ihat amoun!. This Includes, subjecl to any limits undot applicable law, Lende~s a"orneY'" lees and Iagal expenses whether or nollhere Is a
Iawsuil,lncludlng a"orneY'" fees and legal expenses for bankruplcy proceedings (Including e"orts 10 modify or vacale any aulomaUe slay or Injuncllon),
appeals, and any anllclpaled post-judgmenl collecllon services, II nol prohiblled by applicable law, I also will pay any courl costs, In addiUon 10 all
olhot sums provided by lew. II Judgment Is entoted In connection wilh this Nole. Inleresl will conllnue 10 accrue on Ihls Nole anor judgment allhe
exJsUng Interesl rate provldad for In Ihis Nole, Thla Nole has been delivered 10 Lender and eecopled by Lender In the Commonweallh of
Penneylvanla. tllhere Is a lewaull, 1 agree upon Lender's requell 10 aubmlllo the jurlsdlcllon 01 Ihe courla 01 Cumberland County, the
Commonwealth 01 Pennsylvania. Thla Nole shall be governed by and ccnalrued In accordance wllh Ihe lewa 01 Ihe Commonweallh 01
Pennsylvania,
RIGHT OF SETOFF. I grant 10 Lender a contraclual possessory security Inloteslln. and hereby assign. convey, deliver, pledge, and transler 10 Lender
ell my righi, lille and Inlereslln and 10. my accounts with Lendot (whelher checking. savings, or some olher account), Including wilhout UmilaUon all
accounts held jolnUy wilh someone else and ell accounts I may open In lhe lulure, excluding however ell IRA. Keogh, and lrusl accounts. I authorize
Lender, 10 the extenl potmillad by appllceblelaw, 10 charge or seloll all sums owing on Ihis Note agelnslany and ell such accounts,
COlLATERAL. This Nolels secured by a Morlgage daled March 6, 1992.10 Lander on real proparty lcealed In Cumberland County. CommonweeUh
of Pannsylvenia, all Ihe lerms and condiUons 01 which are hereby incorporaled and made a pert ollhls Nole,
GENERAL PROVISIONS. Lender may delay or forgo enlorclng any of Its righls or remedies under this Nole without Icslng Ihem, I and any other
person who signs. guarantees or endorses Ihls Nole, 10 the extenl aUowed by law. waive prasenlmenl. demand for paymenl, prolesl end nollea 01
dishonor. Upon any change In Ihe lerms ollhls Nole. and unless otherwise expressly slaled In wriUng, no party who signs this Nole, whether as maker.
guaranlor, accommodaUon maker or endorsar. shell be released from liability. All such parties agree thel Lender may ranew. extend (repealedly end
for any length olUme) or modify Ihls lcan, or release any party or gueranlor or collaleral; or Impair, fall 10 reallm upon or perlect Lender's security
Inlereslln Ihe collatotal; and lake any olher acUon deemed necessary by Lendar wilhoul the consanl of or nollce 10 anyone, The obligaUons under Ihls
Note are/oinl and several. This means thellhe words '", "me'. and "my" mean each and ell of Ihe persons signing below. If any portion 01 Ihls Nole
is lor any reason delermined 10 be unenforceable. II will nolallecllhe enforceability of any Olhot provisions 01 Ihls Nole.
PRIOR TO SIGNING THIS NOTE, I, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I, ANO EACH OF US,
AGREE TO THE TERMS OF THE NOTE AND ACKNOWLEOGE RECEIPT OF A COMPLETED COPY OF THE NOTE.
;O~FIO~1 -L~
Ronald L. Kepner
(SEAL)
x -4lLa ItM t, '1:U_.mt IA.
Sharon E. Kepner r.
(SEAL)
Fixed A.tte. lnllallmenl.
CFI Bankers ServICe Qrcup,lnc. AUflghll,...rv.d.jPAaD20KEPNEAL2.lNI
EXHIBIT
A
RECORDATION REQUESTED BY:
FllIln.ra Trull Company
On. w.1l HIgh Slreel
CaIlIIl., PA 17013
Ri::CORD~D-f\FF!C~ C:' ,liE
"-M~n," ,," DEEDS
....o,/;J.\t.:. .
",:,""',,;"L:'t.. '~OUIlTY-F"'.
'.I-.J. -"
WHEN RECORDED MAIL TO:
Fennera TrUll Company
One w.1l HIgh Slreel
Calli"', PA 17013
'~2 rum 11 A~ ~1 1 ~
SEND TAX NOTICES TO:
Ronald L. K.pn.r end Sheron E. K.pn.r
1472 Zlmm.nnen Road
Call1al., PA 17013
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
MORTGAGE
THIS MORTGAGE IS DATED MARCH 6, 1992, between Ronald L. Kepner and Sharon E. Kepner, owner(a) In fee
almple, whose addreSll la 1472 Zlmmennan Road, Carlisle, PA 11013 (referred to below as "Grantor"); and
Fannera Trust Compsny, whose addre8ll la One Weat High Street, Carllale, PA 17013 (referred to below aa
"Lender").
GRANT OF MORTGAGE. For valuebl. conald.r.Uon, Gr.nlor grenl., barge/n., sen., conv.y., ualgn., Iren.'.", r.I....., connrm. end
mortgage. 10 Lender aU 01 Gr.ntol's rlghl. tille, and Inlereslln and to the IoIIowIng dascribed real property, togelher wilh aU exlsting or SUbsequently
erected or afflxed bUIldings. Improvements and fIx1ures: aU streets, lanes, alleys, passages. and ways; all easements, rights of way, aU Uberties,
prtvlleges, lenements, heredllaments, and appurtenances lhereunlo belonging or anywise made appurtenanl hereafter, and the reversions and
remalndeB wilh respect thereto; aU waler, water rights, watercourses and dllch rights (Including stock In ulllllles with dllch or irrigation rights); and aU
other rights, reyallles, and profits relating to the real property, Including wilhoutllmllallon all mlnerels, oil, gas. geolhermal and similar mallers,located
In Cumberland County, Commonwealth of Pennsylvania (the "Real Property"):
see exhibit "A" township: Monroe
The Real Property or Ita addre8llla commonly known as 1472 Zlmmennsn Road, Carlisle, PA 11013,
Grantor presently assigns 10 Lender aU of Grantol's right, tille, and Interesl In and to all leases 01 lhe Property and aU Rents ~om the Property. In
addition, Grantor grants to Lender a Uniform Commercial Code security Inlereslln lhe Personal Property and Rents,
DEFINITIONS. The IoIIowIng words shall have the following meanings when used In Ihls Mortgage, Terms nol olherwlse defined In Ihls Mortgage shall
have lhe meanings allributed to such terms In the Uniform Commerctal Code, All references to dollar amounts shall mean amounts In lawful money of
the United Slates of Amer1ca,
Grenlor. The word "Grantor" means Ronald L. Kepner end Sheron E. Kepner. The Grantor Is the mortgagor under Ihls Mortgage,
Guerenlor. The word "Guarantor" means and Includes wilhoutllmllation, each and all of Ihe guaranlors. sureties. and accommodetion parties In
connection with the Indebledness,
Improvemen'" The word 'mprovemenls' means and Includes without IImllation all existing and future Improvemenls. fIx1ures. buildings.
sltuctures. mobile homes affixed on lhe Real Property, facilllles. addillons end other construcllon on the Real Property,
Indebledne... The word 'ndebtedness' means aU princlpal and Inlerest payable under the Nole and any amounts expended or advanced by
Lender to discharge obllgatior.. 01 Grentor or expenses Incurred by Lender 10 enforce obllgallons of Grentor under this Mortgage, logether with
Interest on such amounls as provided In this MorIgage,
Lender. The word 'tender" means Farmers Trust Company. lis success"", and assigns, The Lender Is the mortgagee under this Mortgage,
Mortgage. The word 'Mortgage- means this Mortgage between Grenlor and Lender, and Includes wlthoutllmllallon an assIgnmenls and security
Inlerest provisions relaUng to the Personal Property and Renls,
Nole. The word "Note- means lhe promissory nole or credit agreement dated March 6. 1992, In the orlglnsl principal amount of
$100,000.00 from Grantor 10 Lender, togelher with all renewals 01. extensions 01, modlficallons of, reftnanclngs 01, consolidations of. and
substitutions for the promissory note or agreement,
Peraonel Property. The words 'Personal Property" mean allequlpmenl. fIx1ures. and other articles of personal property now or herealler owned
by Grenlor, and now or hereaner allached or afflxad 10 the Real Property; logether wilh all accessions, perts, and additions to, aU replacements 01.
and all substitullons for. any of such properly; and together wllh all proceeds (Including wilhoutllmllallon all Insurance proceeds and relunds of
pramlums) ~om any sala or other dlsposiUon of lhe Property.
Property. The word "Property" means collectively Ihe Real Property and Ihe Personal Property,
R... Property. The words 'Real Properly" mean the property.lnleresls and rights dascribed above In the "Granl 01 Mortgage' section.
Relaled Document., The words 'Relaled Documenls' mean and Include without Ilmilalion all promissory noles. credit agreemenls. loan
agreements, guaranties, security agreements, mortgages, deeds of trust. and all olher I uments. whelher now or
hereafter existing. axecuted In connection with Ihe Indebtedness,
RanIa. The word 'Renls' means an presenl and luture renls. revenues, Income. Iss
Property. . LfJr ,', 4~'
~J'J', IJ~' .I.~:. ;)
THIS MORTGAGE, INa.UDING THE ASSIGNMENT OF RENTS ANO THE SECU ITY INT
GIVEN TO SECURE (1) PAYMENT OF THE INOEBTEDNESS AND (2) PERFORMANC
MORTGAGE AND THE RELATED OOCUMENTS, THIS MORTGAGE IS GIVEN AND ACCE
EXHIBIT
(6
anellts dartved ~om Ihe
SONAL PROPERTY,IS
RANTOR UNDER THIS
MS:
MORTGAGE
(ConUnued) .
Page 2
PAYMENT ANO PERFORMANCE. Exceplas olhelWise provided In Ihls Mortgage. Granlor shall pay to Lender all amounts secured by Ihls Mortgaga
as they become due, and shall slricUy perform all 01 Granlor's obligations under this Morfgage,
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees Ihat Granlor's pessesslon and use 01 tha Property shall ba governed by the
loIlowlng provlslons:
Po_u1on and Usa. Unlllln delaulI, Granlor may remain in possession and conlrol 01 and cporala and managa lhe Proparty and collect Iha
Rants ~om the Property,
Duty 10 Malntaln, Granlor shall malnlaln the Property In lananlable condition and promplly perform all repairs. raplacements. and malnlanance
necessary to preserve Its velue,
Hazardous Substances. The terms 'hazardous wasle,' 'hazardous subs lance,' "disposal,' 'release,' end 'hrealenad release,' as used In Ihls
Morfgage. shell heve the same meanings as sallorth In lhe Comprehensive Envlronmenlal Response. Compensallon. and liability Act 011980. as
amended, 42 U,S,C, Seellon 960t, el saq, rCERCIJ."l, Ihe Superfund Amendments and Reaulhort14l1on Acl 01 !Ilea, Pub, L No, 99-499
rSARA"l. the Hazardous Malerlals Transportallon Act. 49 U,S,C, Seetion t801, et seq" Ihe Resource Conservation and Recovery Act, 49 U,S,C,
Seellon 6901, et seq,. or olher applicable slale or Federal laws, rules. or regulallons adopted pursuant 10 any 01 the foregoing. Granlor represants
and warrants 10 Lender lhat: (a) Dunng the penod 01 Granlor's ownership ollhe Property, thera has been no use. generallon. manulaclure.
storage, trealment, disposal. release or threalened releasa 01 any hazardous wasle or subslance by any parson on, under, or about the Propertr.
(b) Granlor hes no knowledge of, or reason to believe lhal there has been, excepl as prevlousty disclosed to and acknowledged by Lendar In
wrillng, (I) any use, genarallon. menufacture, slorage. trealmenl. disposal, release, or threalened release 01 any hazardous waste or subslance by
any pnor owners or cccupants 01 the Property or (II) any actual or Ihrealaned Iiligallon or claims 01 any kind by any parson relallng to such
maUars; and (c) Excepl as previously disclosad 10 and acknowledged by Lender In wrillng. (I) neilher Grantor nor any lenanl. contractor, agent or
olher authorized user of the Property shall use, generate. manufacture, slore. Ireal. dispese 01. or release any hazardous wasle or subslance on,
under, or about Ihe Property and (II) any such acllvlty shall be conducted In compliance wllh all applicable federel, slale, and local laws,
regulallons and ordinances, Including without IImilallon Ihese laws, regulallons. and ordinances described above. Granlor authortzas Lender and
Its agents to enler upon lhe Property 10 make such Inspecllons and tests as Lender may deem approprlale to delermlne compliance 01 tha
Property wllh this secllon 01 the Mortgage, Any I"specllons or lests made by Lender shall be for Lender's purposes only and shall not be
construed to create any responsibility or liability on the part 01 Lender to Grantor or to any olher person. The represanlallons and warranlies
conlalned herein ere based on Granlor's due diligence In Investigallng the Property for hazardous wasle. Granlor hereby (a) releases and waives
any luture claims against Lender for Indemnity or contribution In lhe evenl Granlor becomes liable lor cleanup or olher costs under any such laws,
and (b) agrees to Indemnify and hold harmless Lender against any and all claims. lesses. llabllilles. damages, penaltlas, and expenses which
Lender may dlreclly or Indlreclly suslaln or suUer resulllng ~om a breach of Ihls section 01 the Mortgage or as a consequence of any use,
genera lion. manufacture, storage, disposal, release or threalaned releesa cccurrtng prior to Granlo~s ownership or Interest In lhe Proparty.
whelher or nol the same was or should have been known to Granlor, The provisions ollhls secllon 01 the Mortgage, Including lhe obligallon 10
Indemnify, shall survive the payment 01 the Indabladness and lhe sallslacllon and reconveyance 01 the lien of Ihls Mortgage and shall nol be
aUected by L..nde~s acquislllon of eny Interest In the Property, whelher by loreclosure or olherwlse,
Nuisance, Weale. Grantor shall not cause, conducl or permit any nuisance nor commit, permit, or suffer eny slripplng of or wasle on or to Ihe
Property or any portlon ollhe Property. Specifically wilhout IImllalion, Grantor will nol remove, or grant to any other party the right 10 remove. any
timber, minerals (Including ciland gas). sell, gravel or rock products without the prior wnUan consent of Lender,
Removal 01 tmprovemenls, Grsntor shall nol demolish or remova any Improvamants ~om the Real Property without the pnor wriUen consanl 01
Lander, As a condillon to the ramoval 01 any Improvements, Lender may require Granlor to make arrangements sallslactory to Lender to replace
such Improvements wllh Improvements of alleast equal valua,
Lander's RighI 10 Enter. Lender and Its agents and represanlallves may enler upon Ihe Real Property al all reasonable limes 10 aUand 10
Lender's Inlerests and to Inspecl the Property lor purposes 01 Grantor's compliance with the lerms and condillons 01 this Mortgage,
Compll3nce wllh Govemmenlal ReqUirements. Grantor shall promplly comply wilh all laws. ordinances, and regulallons. now or hereaUar In
ellecl, 01 all governmanlal aulhortlles applicable to the use or cccupancy 01 the Property, Grantor may contest In good Ialth any such law,
ordinance, or regulallon and withhold compliance during any proceeding. Including approprlale appeals. so long as Grantor has nollflad Lender In
wrillng pnor to doing so and so long as. In Lende~s sole opinion, Lender's Interests In the Property are not jeopardized, Lender may require
Granlor 10 post adequale security or a surety bond. reasonably sallslactory 10 Lender. to protect Lende~s Inlerest,
Duty 10 Prolecl, Granlor agrees neither to abandon nor leave unaUended the Property. Grantor shall do alt olhar aels. In addiUon 10 these acts
sellorth above in this section, which Irom Ihe characler and use 01 the Property are reasonably necessary to prolect and preserve lhe Property,
DUE ON SALE - CONSENT BY LENDER. Lender may, at lis oplion. declare Immedialely due and payable all sums secured by Ihls Mortgage upon Ihe
sale or Iransfer, without Ihe Lender's prior wnuan consenl, 01 all or any part ollhe Real Property, or any Inlerest In Ihe Real Property, A "sale or
transle" means the conveyance 01 Real Property or any right. IIIIe or Inlerest therein; whelher legal or aquilable; whelher volunlary or Involunlary;
whelher by outrighl sale, deed. Installment sele conlract. land conlracl, contract lor deed. IlIBS8hold Inleresl wilh a term grealer than Ihree (3) years.
IeaS&-OPllon contract, or by sale. assignment, or transler 01 any benellclallnlarest In or 10 any land Irusl holding Ime to the RaaI Property. or by any
other method or conveyance 01 Real Property Interest. If any Granlor is a corporallon or pannershlp. transler also includes any change In ownership 01
more than twenty-five percenl (25%) ollhe vollng slock or partnership inleresls. as the case may be. 01 Granlor, However, Ihls option shall not ba
exerctsed by Lender If such exerctse Is prohlblfed by lede<allaw or by Pennsylvania law,
TAXES AND LIENS. The following provisions relating to thelaxes and liens on Ihe Property are a part 01 this Mortgage,
Paymenl. Granlor shall pay whan due (and In all events prior to delinquency) all taxes, payroll taxes, special taxes. assessments. waler charges
and sewer sarvtce charges levle~ against or on account of the Property, and shall pay when due all claims lor wort< done on or lor services
rendered or material furnished 10 the Property. Granlor shall malnlaln the Property ~ee 01 all liens having priortty over or aquallo the Inlerest 01
Lender under this Mortgage. excepl for the lien 01 taxes and assessments not due, and except as otherwise provided In lhe IoIlowlng paragraph,
RighI To Conlul. Granlor may withhold paymenl 01 any tax, assessment, or claim in connecllon with a good fallh dispule over lhe obligallon to
pay. so long as Lender's inlarest in the Property Is nolJeopardlzed, If a lien arises or Is filed as a resull ot nonpayment, Granlor shall WIthin fiUeen
(15) days aUer Ihe lien arises or. If a lien Is filed, within filleen (15) days aUer Granlor has notice 01 the filing, secure the discharge 01 the lien, or If
requasted by Lender. deposll wllh Lendar cash or a sulficlenl corporate surety bond or other secunty sat'sfaclory to Lender In an amounl sufficient
to discharge the lien plus any costs and allorneys' lees or olher ChargM Ihat could accrue as a resull 01 a foreclosure or sale under the lien, In
any conlest. Granlor shall delend llself and Lender and shall satISfy any adverse Judgmenl belore enlorcemenlagalnsllhe Property, Granlor shall
name Lender as an addlllonal obligee under any suraly bond lurnlshed In the conlesl proceedings,
EVidence 01 Paymenl. Granlor shall upon demand lurnish 10 Lender sallslactory evidence 01 paymenl of Ihe taxes or assessments and shall
aulhonze the approprlale governmontal official 10 delIver 10 lender al Bny tIme a wntten slatoment of the Isxos and assessments 8gBlnsl the
Property,
44fi
MORTGAGE
(Continued)
Page 3
Notice 01 Conatructlon, Granlor shall nollly Londer atloast fifioon (15) days boloro any wot1< " commenced. any aervtces ara lurnlshed, or any
malerials aro supplied to lhe Property,lI any mechanic's lien, malerialmen's lien, or olher lien could be aSSllrled on account of lha wot1<, seMcos.
or materials and lhe cosl excoods $5.000,00, Granlor will upon request of Lend", lurn"h 10 Lond", advance assurances saUslactory to Lender
that Granlor can and will pay lhe cost 01 such Improvements,
PROPERTY DAMAGE INSURANCE. The following provisions ralallng to Insurlng lhe Property are a parl ollhls Mor1gago,
MaIntenance 01 Insurance. Granlor shall procura and malnlaln pollclos of fire Insurance wllh slandard mended covorage endorsements on a
replacemenl basis for lhe fUll Insurable value cOVO<lng all Improvements on the Real Property In an amount suHlclont to avoid appllcaUon 01 any
coinsurance clause, and wllh a standard mor1gagoo clause In lavor 01 Lender. Policies shall bo wrlUen by such Insurence companies and In such
lorm as may be reasonably acceptable to Lender. Granlor shall deliver 10 Lender cortIllcates 01 coverago from each Insur", containing a
stlpulaUon thai coverage will nol ba cancelled or dlmln"hed wllhout a minimum 01 ten (10) days' prior wrlUen notleo to Lenclar. Should the Real
Property at any lime become located In an area deslgnaled by lhe Director 01 the Fodo<aI E"""llency Managemenl Agency as a spoctaI fiood
hazard area. Grantor agrees to obtain and maintain Federal Aood Insurance. to lhe ment such Insurance" required end" or becomes available.
lor lhe term 01 the loon and lor lhe lull unpaid prlnclpal balance 01 the loon, or Ihe maxfmum Ilmll of coverage that Is available, whlche\l8l' "less,
Application 01 Proceed.. Granlor shall promplly nollly Lend", 01 any loss or damage to lhe Property II lhe esUmaled cosl 01 repair or
replacemenl oxceods S5OO,OQ, Lenclar may make prool of loss II Grantor Ialls 10 do 50 within finoon tIS) days 01 lhe casualty, Whelher or not
Lender's security Is Impaired, Lend", may, allts elecllon. apply lhe proceeds to the reducllon 01 lhe Indebledness. payment of any lien affecllng
lhe Property, or the reslorallon and repair of the Property. II Lenclar oIocts 10 epply lhe proceoda to restorallon and repair, Granlor shall repair or
replace the damaged or destroyed Improvements In a manner sallslactory to Lender. Lender shall. upon satlsfaclory prool 01 such expenditure.
payor relmbuoo Grantor from the proceeds for Ihe reasonable cosl 01 ropalr or restorallon II Grantor Is not In defaull hereunder, Any proceeds
which have not boon disbursed within 180 days aner their rocolpl and which Lender has not commlUed to Ihe repair or restoraUon 01 tho Property
shall be used first 10 pay any amount owing 10 Lender under this Mor1gage, then to prepay accrued Inleresl. and lhe remainder. II any, shall be
applied to Ihe princlpal balance ollhe Indobtedness, II Lender holds any proceeds aller payment In full 01 the Indebtedness. such proceeds shall
be paid to Grantor.
Unexpired Insurance et Sale. Any unexpired Insurance shall Inure to the benefil 01, and pass to, Ihe purchaSllr 01 Ihe Property covered by Ihis
Mor1gage at any trustoo's sale or olher sale held under the provisions of this Mor1gage. or at any loreclosure sale of such Property.
EXPENDITURES BY LENDER, II Granlor falls 10 comply wllh any provision 01 this Mor1gage, or II any aellon or proceeding Is commenced that would
materially anect Lender's Interests In the Property, Lender on Grantor's behall may. but shall not be required to. take any acUon thai Lender dooms
approprtale, Any amount Ihal Lendot expends In 50 doing will bear Interest at lhe rate charged under the Note from lhe dale Incurred or paid by
Lender 10 the date 01 repaymant by Granlor. All such expenses, al Lendor's opUon, win (a) be payable on demand, (b) be added to tha balance 01 the
Nole and be apportioned among and be peyable wllh any Installment payments to become due during either ~) the lerm of any applicable Insurance
policy or (II) Ihe remaining term ollhe Note, or (c) be trealed as a balloon payment which will be due and payable at the Nole's malurily. This
Mor1gage also wlllsecura payment ollhose amounts, The rights provided for In this paragraph shall be In add!lIon to any olher rights or any remedies
to which Lender may be entilled on account ollhe delaull. Any such aellon by Lender shall not be construed as curing lhe defaull so as to bar Lender
from any remedy that II otherwise would have had,
WARRANTY; DEFENSE OF TITlE. The following provisions relallng to ownership of the Property are a parl of this Mor1gage,
ntle. Granlor warrants lhat: (a) Granlor holds good and mar1<etable tille 01 record 10 lhe Property In 100 simple. free and clear of aU liens and
encumbrances olher lhan those satlor1h In the Real Property dosaipUon or In any III1e Insurance policy, III1e repor1, or final tille opinion Issued In
lavor 01, and accepted by. Lender In connocllon wilh Ihls Mor1gege, and (b) Granlor has Ihe lull righI, power, and aulhority to execule and deliver
this Mor1gage to Lender.
Dalense 01 ntle. Subject to the oxcepllon In lhe paragraph above. Granlor walTants and will lorever defend the III1e 10 the Property agalnsllho
lawful claims of all persons, In the event any acllon or proceeding Is commenced lhat questions Grantor's litle or the Inlerest of Lender under this
Mor1gage, Granlor shall defend lhe acllon al Granlor's expense, Granlor may be Ihe nominal party In such procoodlng, but Lendot shall be
enlilled 10 parllclpate In the proceeding and to be represented In the proceeding by counsel 01 Lender's own choice, and Grantor will dallver. or
cause to be delivered. to Lender such Instruments as Lendar may request from time to time to permll such parllclpallon,
Compliance Wtlh Laws. Grantor warrants thai the Property and Granlor's use of lhe Property complies with all exlsUng applicable laws,
ordinances. and regulallons of governmental aUlhorilles,
CONDEMNATION. The loIlowing provisions ralallng 10 condemnation of the Property ara a part 01 this Mor1gage,
Application 01 Nal Proceeda. II all or any part of Ihe Property 15 condemned by eminent domain proceedings or by any proceeding or purchase
In lieu of condemnallon, Lender may at Its eloellon require lhal all or any por1lon 01 the net proceeds ollhe award be applied 10 lhe Indebledness
or the ropalr or restorallon of lhe Property. The net proceeds of lhe award shall moan lhe award aner payment 01 all actual costs. expenses, and
aUorneys'lees or Lender In connocllon wilh the condemnallon,
Proceedings. If any proceeding In condemnation " filed. Granlor shall prompUy notily Lender In wrlllng. and Grentor shall prompUy take such
slops as may be necessary 10 delend the action and obtain the award, Grantor may be lhe nominal party In such proceeding, but Lenclar shall be
entilled 10 parllclpate In the proceeding and to be ropresenled In lhe proceeding by counsel 01 Its own choice, end Granlor will deliver or cause to
be delivered 10 Lender such Instruments as may be requesled by iI from Ume 10 lime 10 permll such par1lclpation,
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The loIlowing provisiOns relallng 10 governmental taxes.foes
and charges ere e parl of this Mor1gage:
Currenl Taxas, Fees and Charge.. Upon requesl by Lender. Grantor shan execule such documents In addition 10 this Mor1gege and take
whatever other ecllon 15 requesled by Lender to perfecl and conllnue Lendor's lien on the Real Property, Granlor shall reimburse Lend'" lor all
taxes. as dOSClibed below. togelher with ell expenses Incurred In recording. perlecllng or continuing Ihls Mor1gage. Including without limitation all
taxes. foes, documentary stamps. and other charges lor recording or registering this Mor1gege,
Taxes. The following shall constitute taxes to which this section applies: (a) a spectfic tax upon this type 01 Mor1gage or upon ail or any pari 01
Ihe Indebledness secured by this Mor1gage; (b) a specific tax on Grenlor which Granlor Is aulhorizad or required 10 deduct from payments on the
Indebledness secured by this type 01 Mor1gage; (c) a tax on th" type 01 Mor1gage chargeable agalnstlho Lender or the hold", of lhe Note: and
(d) e specific tax on all or any por1lon of Ihe Indebtedness or on payments 01 princlpal and Intorest made by Granlor,
Subsequent Tax88. II any tex to which Ihls secllon applies Is enacted subsequent to Ihe dale 01 this Mor1gage. Ihls event shall have Ihe same
effecl as an Event 01 Oeleull (as defined below). end Lender may exorcise any or all ollis avellable remedies .for an Event 01 DefaulI as prOVIded
below unless Grantor either (a) pays tho tax belore it becomes delinquenl, or (b) contests lhe tax as prOVIded above In lhe Taxes and liens
secllon and deposlls wllh Lender cash or a sufficient corporele surety bond or olher security sallslaclory to Lender,
MORTGAGE
(ConUnued) .
Page 4
SECURITY AGREEMENT; FINANCING STATEMENTS, The following provisions relallng 10 Ihls Mortgage as a security agreemenl are a part ollhis
Mortgage,
Securtty Agreemenl. This lnstrumenl shall conslllule a security agreemenllo Ihe exlenl any ollha Proparly conslllules nxtUfes 0< olher personal
property, end lender shall have all ollhe rights 01 a secured party unde< lhe Uniform Commercial Code as amended trom time 10 lime,
Securtty Inleresl. Upon requesl by lender, Granlo< shall execule financlng slalemenls end lake whalever olher action ts raquesled by lender 10
pertact and conlfnue lende(s security Inlereslln lhe Rents and Per.;onal Properly. In addllfon 10 recording Ihls Mortgage In lhe real properly
reco<ds, lender may, al any lime and wilhoul furiher au1hortzation trom Granlor, file execuled counlerparts, copies 0< reproductions ollhis
Mortgage as a financing slalemenl. Granlo< shell reimburse lender fo< all expenses Incurred In pertecllng 0< conllnulng Ihts security Inleresl,
Upon defaull, Granlor shallassamble lhe Per.;onal Property In a manner and ala place reasonably convanlenllo Granlor and Lander and make II
available 10 Lander wilhln Ituee (3) days after recelpl 01 wrman demand trom lender.
Addreaaea. The mailing addrassas 01 Granlo< (deblo<) and Lande< (secured parly), trom which Informallon concerning lhe security Inleresl
granled by Ihts Mortgage may be oblalned (each as required by lhe Uniform Commercial Code), are as slaled on lhe firsl page ollhts Mortgage,
FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provtslons relallng 10 further assurances and allorney-ln-Iacl are a pari of Ihls
Mortgage.
Further Assurances, Al any lime, and trom lime 10 time, upon requesl 01 landar, Granlor will make. execule and deliver, or will cause 10 be
made, execuled 0< dellverad, 10 lender 0< 10 lande(s designee, and when requesled by lender, cause 10 be filed, recorded, refiled, or
rerecorded. as lhe case may be. al such times and In such olflces and places as lender may deem appropriale, any and all such mortgages.
deeds 01 trusl, security deeds. security agreements, financlng slalements, continuation slalements. Inslruments of luriher assurance. certilicales.
and olher documents as may, In lhe sole opinion 01 Lander. be necessary or deslrabla In order 10 ellecluale, complale. perfect, conllnue, or
prllS8Ml (a) lhe obllgallons of Granlo< under Ihe Nole, Ihts Mortgage. and Ihe Relaled Documents. and (b) lhe liens and security Inlerests
crealed by Ihts Mortgage as firsl and prior liens on Ihe Properly, whelher now owned or herealler acquired by Granlo<, Unless prohlbiled by law
or agreed 10 lhe contrary by lander In wrillng. Granlor shall reimburse lender for all costs and expenses Incurred In connecllon wilh Ihe mailers
referred 10 In Ihts peregreph,
AlIomey-ln-Fecl. II Granlo< lalls 10 do any of Ihe Ihlngs referred 10 In Ihe preceding paragraph. lender may do so lor and In lhe nama of
Granlor and al Granlor's expense, For such purposes, Granlor hereby Irravocably appoints lender as Granlor's allornay-In-Iacl for lhe purpose
of making, executing, delivering. filing, recording, and doing all olher Ihlngs as may be necessary or desirable, In lender's sole opinion. 10
accompltsh Ihe matier.; referred 10 In lhe preceding paragraph,
All PERFORMANCE. II Granlo< pays an lhe Indebledness when due. and olherwise performs alllhe obligallons Imposed upon Granlor under Ihls
Mortgage. lende< shall execula and deliver 10 Granlor a suilable sallsfacllon of Ihts Mortgage and suilable slalemants 01 lermlnallon of any financing
slalemenl on file evldenclng Lander's security Inlereslln Ihe Rents and Ihe Personal Proparly, Granlor will pay, II permltled by applicable law, any
reasonable lermlnallon lee as delermined by lender trom time 10 lime,
DEFAlJ. T. Each of Ihe following, allhe opllon of lender, shall conslilule an evenl of defaull ('Cvenl of Dafaull") undar Ihis Mortgage:
Delaull on Indabledness. Failura of Granlor 10 make any paymenl when due on Ihe Indebledness,
Deleull on Other Payments. Feilure 01 Granlor wilhln Ihe lime required by Ihls Mortgage 10 make any paymenl lor taxes or Insurance, or any
olher paymenl necessary 10 prevenl filing of or 10 ellecl discharge of any lien,
Compliance Delaull. Failuralo comply wilh any olher lerm, obligallon, covonanl or condilion conlalned In Ihls Mortgage, Ihe Nole or In any of Ihe
Relaled Documents,
Breeches. Any warranty, represenlallon or slalemenl made or furnished 10 lender by or on behalf of Granlo< under Ihis Mortgage,lhe Nole or Ihe
Relaled Oocuments Is. or allhe lime made or furnished was, lalse In any malerial respecl.
Insolvency. The Insolvency of Granlor, appolnlmenl of a receiver lor any pari 01 Granlor's properly, any assignmenl fo< Ihe benefil 01 credilors.
lhe commencemenl of any proceeding under eny bankruplcy or Insolvency laws by or agalnsl Grenlor, or lhe olssolullon or lermlnallon of
Granlor's exislence as a going business (If Granlor Is a business), Excepllo Ihe exlenl prohiblfed by federal law or Pennsylvania law.lhe dealh of
Granlor (If Granlor Is an Indlvld"al) also shall conslllule an Evenl 01 Defaull under Ihis Mortgege,
Foreclosure, elc. Commencemenl of fo<ectosure, whelher by Judicial proceeding. self-help. repossession or eny olher melhod, by any credllo< of
Granlor agalnsl any of Ihe Properly. However, Ihls subsecllon shall nol apply In Ihe evenl of a good fallh dispule by Granlor as 10 lhe validity or
reasonableness ollhe Claim which is lhe basis of lhe foreclosure. provided Ihal Grenlor gives lender wrillen nollce of such claim and lurnishes
reserves 0< e surety bond lor Ihe claim sallsfaclory 10 lender.
Breech 01 Olher Agreement. Any breach by Granlor under Ihe lerms of any olher agreemenl between Granlor and lender lhalls nol remedied
wilhln eny grace period provided Ihereln.lncludlng wllhoullimilallon any egreemenl concerning any Indebledness or olher obligallon 01 Granlor 10
lender, Whelher exisllng now or laler,
Events Allecllng Guaranlor. Any of Ihe preceding events occurs wllh respecllo any Guaranlor of any of the Indebledness or such Guaranlor
dies 0< becomes Incompelenl.
RIGHTS AND REMEDIES ON DEFAlJ.T. Upon Ihe occurrence 01 any Evenl of Delaulland el any time Iherealler, lender. allts opllon, may exercise
eny one 0< mo<e of lhe lollowing rights and remedies. In addllion 10 any olher rights or remedies provided by law:
Accelerate Indebledness, Subjecllo applicable law, lender shall have Ihe righl ellts option withoul nollce to Grenlor 10 declare the entire
Indebledness Immediately due and payable,
UCC Remedies. Wllh respecllo all 0< any part of Ihe Personal Properly, lender shall have alllhe rights and remedies of a secured parly under
lhe Uniform Commercial Code,
Collect Renls. lender shall have Ihe righI, wilhoul notice 10 Grantor, 10 lake possession 01 Ihe Properly and collecllhe Rents, Including amounts
pasl due and unpaid, and apply Ihe nel proceeds. over and above lender's cosls. agalnsllhe Indebledness, In furtherance 01 Ihls righI, lender
may requlra eny lenanl 0< olher user of lhe Property 10 mako payments of renl or use fees dlreclly 10 lender. If Ihe Rents are collecled by lender.
lhen Granlo< Irrevocably designates lender as Granlor's allorney-ln-Iacl 10 endorse inslruments received In paymenl lhereolln the name 01
Granto< end 10 negotiale Ihe samo and collecllhe proceeds, Payments by lenanls or olher USOB 10 lender In response to lender's demand shall
satisty lhe obligations for which Iho payments are made, whelher 0< nol any proper grounds for Iho demand eXISted, lender may exerCise lis
righls under Ihls subparagraph either In person. by agenl, or Ihrough e receiver,
Appolnl Receiver, lender shall have Ihe righllo have e receiver appolnled 10 take possession of all or any part of Ihe Properly, with Ihe power to
prolecland preserve Iho Properly. to operale the Properly preceding foreclosure or sale, and 10 collecllhe Rents,~om Ihe Properly and epply Ihe
proceeds. over and above lhe cost of tho receivership. against tho Indebledness. Tho receiver may servo wllhout bond If permitted by law.
~)ri.1 flS2 'Hr JM~
MORTGAGE
(ConUnued)
Page 5
Londor's rlghllo Iho appolnlmonl of a rocolver shall exlsl whalher ... nollha apparonl valuo ollha Proporty oxeoods lha Indebledness by a
subslanllalamounl, Employmenl by Londer shall nol disqualify a poBOn kom serving as a rocolver.
Judicial Forecloaure. Lendor mey oblaJn a Judicial doeroo forecloslng Granlor's Intereslln all... any pan ollha Propor1y.
PoUClsalon 01 the Property. F...lha purpose 01 procurlng possosslon ollha Property, Gronlor haroby aulhortzos and empowers any aUorney of
any coun 01 rec...d In Ihe Commonwoalth of Ponnsylvanla ... elsewhero. as aUorney I... Lendor and all pOBons cIalmtng undot ... through Lendor.
10 sign an agreemenl f... onlering In any compolonl coun an amicable action tn ojeclmentl... possosslon ollho Property and 10 appear I... and
confess judgmenl agalnsl Granl..., and agatnsl all persons cIalmtng under ... Ihrough Gronlor, I... lha recovery by Lender of possosslon 01 tho
Property, without any slay of oxecution, f... which Ihls Mor1gago, ... e copy 01 this Mor1gago vorinod by affldavll. shall be a sufficient warranl; and
thoroupon a wrll of possosslon mey be Issued for1hwith. without any prl... wrll... proceeding whatsoever.
Nonjudicial Sale. II permtUod by applicable law. Londer may loroctose Granlor's Intoreslln all ... In any pan 01 tha POfSOnat Property ... tho Roal
Property by nonjudicial salo,
Denclency Judgment, Londor may oblaln a judgmenl f... any dalicioncy romalnlng In Iho Indoblodness duo 10 Londer anor application of all
emounts rocolved kom Iho exorcise of lha rights provided In Ihls section,
Tenancy at Sulterance, II Granl... romalns In possosslon ollha Property all.r lha Property Is sold as provldod above or Londer otharwlse
becomes onltlled 10 possession of tha Property upon d.fault of Gr.nl.... Grant... shall become a I.nanlal sull.rance of Lender or tha purchaser of
lha Property and shall, al Lend.r's opllon, ellhor (0) p.y 0 roosonable r.nlaJ lor Iho usa Of lha Property, or (b) vacalo lha Property Immedlal.ly
upon tha domand 01 Londer.
Olher Remedlea. Londer shall have oil other rights ond r.medles provldod In Ihls Mongago or tha Nol. or ovallablo 01 law ...In oqulfy.
Sale 01 the Property. To lho oxt.nl pormtllod by .ppllcable law, Granl... heroby wolves ony ond all right 10 have lha property marshalled. In
exorcising Its rights ond romodles. Lendor shall bo koo 10 soil oll or ony par! 01 tha Property logelher ... separ.tely. In one sate ... by sopar.to
sales, Londor shall bo ontitiod 10 bid olony public sale on all or any por1lon ollha Property,
Nollce 01 Sale. Lendor shall give Granlor roosonable noltce Of lha time ond place of any public sale of lha POBOnat Property ... ollha time oll.r
which any prlvolo sale... olher Inlendod dlsposllton 01 tha POBOnat Property Is 10 be made, Unless olharwtse required by appllcablo law.
reasonablo notice shall moon nollce given allassllen (10) days before lha time 01 tha sale or dlsposllton,
Waiver; Eleellon 01 Remedlea. A wolver by ony party of a broach of a provision ollhis Mor1gage shall nol constilule a walvar 01 or prejudice the
porty's righis olharwlse 10 demand slr1ct compliance with lhal provision or ony olher provision, E1octIon by Londer 10 pursue any remedy shall nol
exciude pursuit 01 any other remedy, and an election 10 mako expenditures or Iako oction 10 perlorm on obligation 01 Grant... under this Mor1gago
aller failure of Granlor 10 perlorm shall nololfoct Lender's righllo doclare a dolault and exorclse Its remedies under Ihls Mortgag.,
Attorneys' Fees; Expenses. II Lender Instilutes sny suit or oction 10 enforce any of lho lerms of Ihis Mor1gag.. L.nder shall be ontilled 10 recoVOf
such sum as tha coun may adjudge roosenablo as oUorneys' fODS allrlaJ and on any appeal, Whathar or not any coun action Is Involved, .11
raasonabla expenses Incurred by L.nder lhalln Lender's opinion are necessary al any time lor lha prolection of Its Inlar8sl or lhe enforcemenl of
lis rights shall become a par! of tho Indebledness payable on demand and shall boar Inleresl from lha dale 01 expandilure until rapold allha Nol.
ralo. Expenses covered by Ihls paragraph Include, without IImilation, howover subject 10 any IImlls under applicable law, Lendor's aUorneys' fees
and Iogat expenses whother or nollhare Is a Iawsuil, Including allorneys' IODS ,... bankruplcy proceedings (Including .fforts to modify ... vacale
any aulomallc slay... Injunction), appeals and any antlclpalad posl-Judgmenl collection services. lha cost 01 searching rec...ds, oblaJnlllG tille
reports (Including forectosure roports), surveyors' reports. and appraisal fODS, and tille Insurance. 10 Ihe oxt.nl permllted by applicable law,
Granlor olso will pay any coun costs. In addition 10 all olher sums provided by law.
NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law. any nollce undor Ihls Mongago shall be In writing and
shall be effective whan aclually daltver.d or, II mallad. shall be doomod offective whan deposlled In lha United Slales moll firsl class, reglslared mail,
poslago prepaid. directad 10 Ihe addresses shown noor lha beginning of Ihls Mortgage, Any party may chang. Its address for nollces undor Ihls
Mor1gage by giving formol wrltion no!lee 10 lha olher panles, specllytng thallha purpose of lha nollce Is 10 chango lhe party's address. Ail copies of
nollces of foreclosure from Ih. holdor 01 any lien which has priorily over Ihls Mortgage shall be senllo Londer's address, as shown noor lha beginning
01 this Mor1gage. For notice purposes, Granl... agrees 10 koop Lender Informed al all limes 01 Granlor's currenladdross.
MISCELLANEOUS PROVISIONS, The following miscellaneous provisions are a pan of Ihis Mor1gage:
Amendmanls. This Mor1gage, log.lher with any Relaled Documents. constilules lha enllre underslandlng and agroomonl of lha parties as 10 the
mailer.; sellorth In Ihls Mor1gago, No ollorallon of ... amendmenllo Ihls Mor1gago shall be effeclive unless given In writing and signed by lha
party or parties soughllo be chargod or bound by Ihe allerallon or amendment.
Appllcabla Law. This Mortgage has been delivered to Lender and occapted by Lender In the Commonwaallh 01 Pennsylvania. This
Mortgage shall be governed by and construed In occordance wllh tha laws 01 tha Commonweallh 01 Pennsylvania.
Copllon Headings. Caption headings In Ihls Mor1gage are lor convenience purposes only and are nollo bo used to Inlerprel ... define lhe
provisions 01 this Mongage.
Merger. Thoro shall bo no margor ollho Inlorest or eslalo crooled by Ihls Mor1gago wilh any olher Inleresl or eslalo In lhe Property al any time
hald by or for lha bonofit of Londor In any capaclly. wilhoullho wrlllen consonl of Londer.
Mulllple Parlles. All obligations of Granlor under Ihls Mor1gago shall be jolnl and several. and all referonces 10 Granl... shall moan ooch and
overy Grantor. This moons lhat oach ollho porsons signing b.low Is responsible f... all obllgallons In Ihls Mor1gago,
Sovarablllty. if 0 coun 01 compotenl Jurisdlcllon finds eny provision of this Mor1gago to be Invalid... unonlorceable as loony person ...
circumslance. such finding shall nol ronder lhal prOvision Involld or unenforceable as to any olher persons or clrcumslances. If feasible. any such
offonding provision shall bo doomoa 10 bo modified 10 be within tha limits olonforcaabillly or validity; howover. if lha offending provision cannol bo
so modifiod. it shall bo slrickon and all olher provisions ollhls Mor1gagoln oll other respoets shalt romaln valid and onlorceable.
Successors and AssIgns. SubJecllo Ihe IImilatlons slalod In Ihls Mor1gago on lransfer of Granlor's Inlerest. Ihls Mor1gago shall be binding upon
and Inure 10 lha bonofil ollha panles, lhair hairs, pOBonal reprosonlallvas. succossors and assigns. if ownership ollha Property becomes vesl.d
In a porson olher Ihan Granlor. Lender, wilhoul no!lee 10 Grantor. may deal wilh Grantor's succossors wilh roferonce 10 IhIs Mor1gago and lha
Indobl.dness by way of forb.aranco or extonslon withoul ralassing Grantor korn Iho obllgallons of Ihls Mortgago or liabillly under lhe
Indoblodness, .. ~ I
TIma la oltha Essence, limo is ollha essoncoln Iho porformance ollhis Mor1gago, bDOK tD:>~ I'~GE 44;j
Waivers and Consenls. Lond.r shall nol bo doomod 10 hayo walvod any righls under Ihis Mortgago (or under tha RoIalad Documenls) unlass
such waiver Is In wnling and signed by Londor, No dolay or omission on lha parl of Londor In oxerclslng any nghl shall oporalo as a w~ivor 01
such right or any olhor right, A waiv.r by any party of a prOVIsion of Ihls Mor1gego shall not conslitul. a walY", of or pr.judlco Iho party s nght
MORTGAGE
(ConUnued)
Page 6
otherwise 10 demand slrlcl compliance with thai provision 0< any olher provision. No prlo< walvar by Lender, nor any COlUS8 01 daaUng balween
Lender and Granlor, shall constitula a walvar 01 any 01 Lender's rights 0< any of Granlor's obllgallons as 10 any fulure transacUons, Whanavor
consanl by Lender Is required In Ihls Mongage, 100 granUng 01 such consanl by Lender In any Inslance shall not constitule conUnulng consenllo
subsaquenllnslances whera such consanlls requlrad,
EXHIBIT "A". An exhlbll, UUed 'Exhlbll 'A"" Is allached 10 Ihls Mongage and by Ihls re'erence Is made a part 0' this Mongage Jusl as II all the
provisions, lerms and condlUons 01 100 Exhlbll had been lully sal fonh In IhIs Mortgage.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS
TERMS.
GR~O ~
X ,.::".<.;".,:.r,...<.'.;,""'""":"':'~' '. " '.':!\T7':'>:"'"" """""""''"','',,'''''',
________ _~;iSEALIL;
, Ronald L, Kepner
x':......jl1aitiJv.
Sharon E. Kepner
if
,
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1
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Wllnesa I!f!!-
X wllneiJ!
CERTIFICATE OF RESIDENCE
I hereby certify,lhal too preclsa address 01 lhe mortgagee. Fannera Trus' Company, herein Is as follows:
One Weal HIgh Street, Carlisle, PA 17013
tf/ru f~M~,gag..
INDIVIDUAL ACKNOWLEDGMENT
STAreOF PF.NN~VT.VANTA
.....111111"111. )88
COI~g,;:~6.'!bMBERLAND I
..",,\.,~.-:-.....~~..
:~r-o~;iNs..~iei~~..lhe und8fSlgnad Notary Public, personally appeared Ronald L. Kepner end Sharon E. Kepner, 10 me known 10 be 100
;m!o~u4is'.~'ln ~nd who execuled the Mongege, and acknowledged lhallhey signed Ihe Mongege as Ihelr free and voluntary act and deed,
. ~ :,,/~J~~::dJl"ug,ps<!i Ihereln menlloned,
'\;':.:.G!~~e.mY'h8ndendOIllCIal88lllthIS 6th dayot M"..."h ,lgQ?
';"':,:il'~-::;;'~.._~ ~ Realdlnga' Nola.ialSoaJ
"'" 'If') ... ,,'lQI.... -P . I a.'"Y U Ie
'i1/~~~,1';8IIii' tor the Slale of Penns y 1 vani.a My comml88l0n expires Cwilslo, cum~r~~ Counl
LASER PRO {tm)Vtl. 3.15 (e) t 1182 CFI Bank,,.. SIf'VICI GrOJP.lnc. All rlghll "1~'d.IPAaQ20 KEPNERt.2.t.NI
.........,," -"''',
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,., ,:..: 'n.o"".,~.::.."rliolMi'o. ..um"erland
.;.: g~'~.:I~)i~~~'i. ":>:~(j in :t'I2 office for the recording of Deeds
"~":-~'~~~J~:;"'\':-~'-"':"~' :~t C) ;t)r CI~hRrtand county1Elr:.:-
, p'... ,,-u............1j' ". J/',<..-:- -
I,,(.,):':\.~,.,'~~t~. :'~c.~~~ '~.(l~'.L.....:....l.s 01. _Page J
','~, . <~';..:~ijlt e(:!j. :T'" hu.nd an seal of office 0 , -.J CI' ~
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',-: ,,1<;, .....~. :';C,.Il,!lfJ, r....'h;s dayoli 19_
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EXHIBIT "A"
Borrower: Ronald L. Kepner
Sheron Eo Kepner
Ian Z1mmennen Road
CMIllle, PA 17013
Lender: Fennerl Trull COmpany
Main Olllee
One Well HIgh 81rH'
CMIllle, PA 17013
.
Thll Exhibit 'A'II eUeched 10 IIId by Ihll relerenee II mode e pet\ ol_h Deed 01 Trull or Morlgage, daled March', 1192, end ulCuled In
connecUon with eloan or olher "nonelll eccommodaUonl beIWHn Fennerl Trull COmpany end Ronald L. Kepner end IIharon e, Klpner.
ALL THAT CERTAIN tract of land with improvements thereon
erected situate in Monroe Township, Cumberland County,
Pennsylvania, bounded and described, as follows:
BEGINNING at a railroad spike in the dedicated right-of-way
line of Township Road T-533, known as Zimmerman Road, on the line
of lands now or formerly of George M, Beck and wife; thence along
said lands now or formerly of George M, Beck and wife, North 58
degrees 00 minutes 00 seconds West, a distance of 98,00 feet to
an iron pin; thence along the same, North 07 degrees 56 minutes
42 seconds East, a distance of 444,50 feet to an iron pin; thence
along the same, North 78 degrees 27 minutes 30 seconds East, a
distance of 385,15 feet to an iron pin on a fence line on the
line of lands now or formerly of Charles L, Boyer; thence along
said fence line, South 32 degrees 00 minutes 00 seconds West, a
distance of 575,85 feet to a point on the dedicated right-of-way
line of said Township Road T-533; thence along said dedicated
right-of-way line of said Township Road T-533 by a curve to the
left with a radius of 170,00 feet an arc length of 95,37 feet to
a point, the Place of BEGINNING,
CONTAINING 2,60 acres and being Lot No, 1 on the Subdivision
Plan for George M, and Lois K, Beck dated September 20, 1977, and
recorded in the Office of the Recorder of Deeds of Cumberland
county, Pennsylvania, in Plan Book 31, Page 143.
BEING the same premises which George M, Beck and Lois K,
Beck, husband and wife, by Deed dated Juno 3, 1991, and recorded
in the Office of the Recorder of Deeds of Cumberland county,
Pennsylvania, in Deed Book "0", Volume 35, Page 942, granted and
conveyed unto Ronald L, Kepner and Sharon E, Kepner, husband and
wife, Mortgagors herein,
THIS EXHIBIT 'A'IS EXECUTED ON MARCH., 1812.
""'i')'i~,YjSEAi.j; X
LENOER:
Fenner. Trull comPIllY~
By: ~~a ~
Aulhorl Olflcer
Eilo;, 1Il5~ 1m 451
LASER PRO (1m) YIt. ',15 (C) ,en eFI Danll.n6tfVlCt Group,lnc, AllftghIU....."U JIIA.OIOKe"NEnLUNI
; ~
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ttbbl
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at =gc,g
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MADE 'rHE 8'"1/ 0/ May
0/ our Lord 0lIf lA01II4nd III", AlI1U/rtd seventy-e1ght (1976)
BETWEEN OEOROE M, BECK and LOIS K. BECK. h1s w1te. at Monroe
,
Townsh1p, Cumberland County, Pennsylvan1a, here1natter called
. ....... ~....
Grantor s,
and RONALD L, KEPNER and SHARON E. KEPNER. h1s w1te. at Monroe
Townsh1p, Cumberland County, Pennsylvan1a, here1natter oalled
Gralllt. s,
WI'I'NESSETH. tllat III COIIIidnatlon 0/ F1ve Thoull8nd Four Hundred and nO/100'
"
--------------.-----------------($5,~OO.OO)----------------- DoUG
III I14nd paid, tA. r,arlpt wAIr<<J/ U Mrfbl/ rulhOlllI.dq'd th. ,old I/l'Glltor s " """,.... N~i
and convev to tAuald qNllt" a, the1r he1rs and' assigne, ae tenantlf'by"l!lle
ent1ret1ee
ALL that eerta1n tract at land e1tuate 1n Monroe Towneh1p, ,
Cumberland County, Penneylvan1a, bounded and deecr1bed as tollows:
BEOINNINO at a railroad epike 1n the centerline ot Townsh1p Road
T-533, known ae Z1mmerman Road, on the 11ne at land reta1ned by the
Orantors here1n; thence along the latter, North 56 degrees' 00 minutes
00 eeconde Weet, a d1etance at 96.00 teet to an 1ron p1n; thence along
the eame, North 07 degreee 56 minutee ~2 eeeonds East, a d1etance at
~~~,50 feet to an 1ron p1n; thence along the eame. North 76 degreee
27 minutes 30 eeconds Eaet. a d1etanee at 365,15 teet to an 1ron p1n
on a fence 11ne on the line at land now or formerly at Charles L. Boyer;
thence along the latter. South 32 degreee 00 minutes 00 eeeonds Weet,
a d1etance of 575.65 feet to a ra11road epike 1n the centerline at
Townsh1p Road T-553, known ae Z1mmerman Road, the Place at BEOINNINO.
CONTAININO 2,60 acres and being deecr1bed accord1ng to a eurvey by
Stephen 0, F1eher, R,S" dated September 20. 1977 and being d~e1gnated
ae Lot No, 1 thereon. Sa1d Plan 1e recorded 1n the Otf1ee of the
Recorder of Deeds for Cumberland County, Penneylvan1a 1n Plan Book 31,'
Page 1~3,
BEl I/O part at the aame property wh1eh Charlee S. ChroniBter and
, Kathryn W. ,Baird, Adm1n1strators at the Eetate at Ruth A. Ward, grantsd
and conveyed to Oeorge M, Beok and Loie K, Beck, h1e wite, by deed'
DOOICT27 '^CE 929
EXHIBIT
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dated April 24, 1977 and recorded in the Orr1ae aroreea1d 1n
Deed Book non, Vol. 27 ,Page 745
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AND tA. 1rJ{4 _lor 8Mr.bII co,,,""'" IInd /IQ". tIi4I they
wOlIN.....'" generally 'TIe proplrll/ Ambv COllV'II1d.
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,. t:OIl.l.\ON\'llt.l:,I 01 p~r~NS\'LW\NI^ =
,. OUllklN.I:'I CI HI"NlIt ::
/J ~ (- j d~~": "AllY . ~.~,,' B::
~.Mr.. 1!~~ V4'et rUNlllllU,.../1 'i',iJ,'.'I' S 5 4. 0 0 g
Schoo' Oh'. Cu..b. Co., '0. Q rAK na.'"11 ::
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IN WITNBSS WHBRBOF, .al4 QI'IIftlorll
'^' dal/ CIII4 l/ecr I!rll 1IbotI. ","II""
J!pd, J..~. ad lIrU"""
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the1r Aon411 .nd "ale
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LoU S K. DEOK ~
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SI4t,ol
PENNSYLVANIA
~II'
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, II 78, b,/o" m.,
COIIII/J! 01 CUMBERLAND t
Oil 1IIi1, Ill. e
,TIe llndff'riuMd ODic", per'OIl4Ul/'fI1HtJrfIJ Oeorge M, Beok and Loh K, BeCk,
h1a wite I
1cnown 10 m. (or Klie14Clorill/ P"",III) eo b. IA. p'mll III11AoII """'. are fllb,crj6td eo IA.
tDilllill illllnun.,.,. W/UkruIlul44/1td tIi4I they "'Olded """/or '^' ""rpo". IAlrtift
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2'iUe olO6icer,
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o/lAt lIIUAltI_ed /lraftl" a" It, ~ /I ~ ~rl J "J l'(1.,..l..,t r". I)()",
Jolay . er 1178 ~ ' . , _,'.<
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ACT91NOTlCE
TAKEACnON TO SAVEYOUR,HOME FROM FORECLOSURE
The Commonweallh 01 Pennsylvania's Homeowners' Emergency MongageAsslslance Program may be able 10 help you. Read Ihe 'ollowing nollce to lindoul how Ihe program
wor1<s.
II you need more '"'olmallon call the Pennsylvania HousIng Finance Agency all (8001342-2397.
La notification en adJunlO es de sums ImpollanCla. pues alecll su derBcno a conllnuaI vlvlendo en au easa. Si no comptende 01 conlen_do de esla nollllcaclon Obltnga una
traducelon lmmedlllamenle lIamanda eSla agenelll (Pennsylvania H~us,"g FinanceAgency) sIn cargos al "umera mOntlOoada 8mba. Pultdes Set oleg_blll para un pteslamo
por 01 programa lIamado "Homoowners' Emergency MortgageAsslSlsnco Program- 01 cual puede salva! su CBsa de la petdlda del deteeno a redlmir su hlpoleca.
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS' EMEROENCY MORTOAOE ASSISTANCE PROORAM.
PLEASE READ THIS NOTICE,
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WNICH CAN SAVE
YOUR HOME FROM FORECLOSURE ANO HELP YOU MAKE FUTURE MORTOAOE PAYMENTS
10007908 Oal.: April 08, 1997
AE: Accounl No.:
TO:
FROM:
Sharon K~IJII~I-714 ~ubl~ Blvd-Call I~le, Pa, 17013
fallll~1 ~ TI U~~ CUlIIl'ally-1 w~~~ I'liyl. 3~1 ~d-CaIl i~l~,
Po, 11613
You may be ellglbll ror rlnanclllalllltancethlt will prevlnl rorlclolUre on your mortOlgllt you comply wllh Ihe provision' or thl Homlown",' Emlrgency
Mortgagl Asslstlnce Acl or 11183 (thl "Act,. You may be eligible ror emergency tlmporary alllltancelr your dllaull hal blln cluled by clrcumltlnclI beyond
your conlrol, you have. rellonabl. prOlpect 01 r'lumlng your mortg.ge paymlntl, and Ir you milt olh",Uglblllty rlqulremenl.lltabUshed by lhl Pennsylvania
Hauling Flnancl Agency. PII"I rud all 01 thll NotlCI.1I contalnlln IlplanaUon or your nght..
Under Ihe Act, you are enlllled 10 a lemporary Slay of loreclosure on your mortgage for Ihirty (301 days from lhe dale 01 this Nollce. During Ihal Ume you must arrange and
allend a -'acIHo-lace- meellng with a represenlatlve ollhlllender. or wllh a deslgnaled consumer aldlt counseling agency. The purpose Ollhll meeting is 10 atlempllO work
oul a repayment plan. or 10 otherwise lenle your delinquency. ThiS meellng must occur In the ne)ltlnlrty (30) days.
If you altend a lace-Io-face meellng wllh Ihlllender. or wIlh a consumer aedil counseling agency Idenllfled in this MOllce. no further proceedlRg In mortgage foreclosure may
lake place for Ihlrty (30) days alter Ihe dale of tnis meallng.
The name. addresl and telephone number 01 our representative is:
Jack V Hutchison
1 West High Street
Carlisle, Pa. 17013
717-241-7759
Telepnona Number:
The na,{s~a~reAs(es). and phone numbers of (a) deslgl'\Bled consumer credit counseling 8gency(les) illare):
301 U SLI~~L
Call1~I~1 Pa, 17013
Your mortgage il also In delault for Ihe lollowing reasons:
II you have Ined and are unable to resolve Ihis prOblem al or aller your face.lo-laca meeling. you have Ihe nghllo apply lor financial assistance from Ihe Homeowners'
Emergency Mortgage ASSlslance Fund. In order to do thiS. you must fill oul, sign and fda a COmplel8d Homeowners'Emergency Asslslance Application wllh one 01 the
deslgnaled consumer credll counseling agenCI's liSI8(Un Ihe allachmenl. An appllcallon for aSSlslance may only be oblalOed Irom a consumer credll counseling agency. The
consumer credll counseling agency Will assist you 1M filling out your appllcallon and Will submll your compleled apphcallon to Ihe Pennsylvania Housing FinanceAgency. Your
apphcahon musl be hIed or poslmarked, wllhln Ihlny (30) days 01 your faCe-Ie-lace meellng.
It IS elttremely ,mportanl mal you lIIe your appllcallon prompll)'. II you dO nol ao so. or ,I you Co not follow me DIner r,me Pflriocs ser tanh," 'his letter, loreclosure may proceeC1
agams' your home ,mmec1,ate/y.
Available lunds lor emergency mortgage asslslance are very Ilmlled. They Will be disbursed by Ihe Agency under Ihe eliglbilily cnlerla eSlabhshed by Ine Act
IllS el!temely Impenant Ihal your applIcatIon be accurale and complele In every respect. The PennsylvanIa HOUSing Finance Agency has SIlty (60) days 10 make a deCISion
aller II receives your applicatIon Outing Inal addlllonalllme. no 10recIosure proceedings will be pursued agalnsl you II you ttave met Ihe time requlremenlS sel forln above. You
Wilt be 0011118d Olreclly by Ihal Agency ollIS deCISIon on your appliCatIon.
The Pennsylvania HOUSing Finance Agency IS loealed al2101 North Fronl Slreel. POSI Olllce BOI 8029. HarrlSburg. PennsylvanIa 17105. Telephone No. (717) 780-3800 or
1-800-342-2397 (Iollh.. number). Persons WIth Impaired heanng can call 1.800-342.2397.
In addlllon you may receive anOlt'ler nOllce Irom 1 nohce IS called Ihe -Nollce ollnlenllO" 10 Foreclosure-. You must readbolh nollces. since
lnay bOlh elplam 'Ignis Ihal you now have und choose 10 8..tCISe your rlghlS described 10 thiS nOllce. you cannOI be foreclosed upon
wnlle you are receIVing that aSSlSlance. EXHIBIT
D
/~(
HEMA Rev 28194
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR' HOM. FROM FORECLOSURE
TI'1. Commonweallh 01 PennsylvanIa', Homeowners' Emergency ~o.,oaoeA"I.lanc. Program may bt ablllo help you. Read 11'1, fOllowing "oUcelo find oul hOWlh, prooram
workS. .
II you need mOlllnlormatlon calline Pennsylvania Housing FmanceAgeneyal1 (800) 342.2397.
La nollllcaclon en adJunlO es de suma lmportantl.. pU'1 a.feclillu der,cho . conllnulI V1VtlndO en IU cau. SI no camptlndl I' c:oollOldo de Ilia notlflcaclon obl.nga una
traducclon Immed,alam,nl,lIamanda eSla ageooa IPennsylvanla Houllng FlnanetAganey) Sin C&tQOS.' numero mlnelonado 1mb.. PUId" II' ,Iltg_blt pa,. un prestama
por 81 proorama lIamado "Homeown.n' Emerg.ncy MOrtgageASllslance Program- ,I cual pUlde aalva, IU call d,l, plresld. del der.cho a redlmlf IU hlpollCl.
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS' EMEROENCY MORTGAGE ASSISTANCE PROGRAM.
PLEASE READ THIS NOTICE.
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE ANO HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
10007908 Dale: April 08, 1997
RE: Accounl No.:
TO: Ronald L Kepner-14/~ Llmmerman Hoaa Carlisle, Pa, 17013
FROM: ~armers Irust ~ompany, 1 west Hlgn ~treet, ~arllsle, pa. l/Ulj
You mlY bl .lIglbl. lor rlnlnelll.sallllne. Ihll will prev.nl for.closur. on your monglg. II you comply wllh Ih. provlalons of Ih. Hom.own.,.' Em.rg.ncy
Mongag. Allllllnc. Ael ot 1083 (th. "Act'. You may b. .lIglbl. for Imtrg.ncy Ilmporary 11I1'llnc.lf yourdlflull hi' btln c.u,ed by clrcum.tlncl. b.yond
yourconlrol, you hav'l rea.onabl. prolp.CI or r.lumlng your mongagt plym.ntl. and It you mill olhtr .lIglblllly requlrtm.nl, IItlblllh.d by Ihl P,nnlylv,nll
HaUling Finane. Aglncy. Plt..t read III 01 thll Nollcl.1t conlllnlln 'Ipllnlllon 01 your r1ghtL
Under Ihe Act, you are enlltled 10 a (emparaty Ilay 01 loreclosure on your mortgege lOt thirty (30) days lrom Ihe dale of Ihis Nollce. Curine (halllme you mUll arrange and
allend a "face-la-I ace- meellng wIlh a representalrve 01 thIS lender, or Wllh adeslgnaled consumer credit counseling agency. The purpole of thi' meeting Is to atlemptlo work
out a repaymenl plan, or 10 otherwise sallie your d.linquency. ThiS meeting must occur in the neallhlrty (30) days.
II you allend a race.to.lac. meellng wllh Ihis lender. orwllh a consumer credll counseling agency identified In this nolice. no lurlher proceeding In mongageloreclosur. may
lak. place lor Ihlrty 130) days aller the dal. Ollhls meehng.
rhe name. address and lelephone number of our representative is:
Jack V Hutchison
1 West HIgh Street
CarlIsle, Pa, 17013
(717)241-7759
Telephone Number:
The namelll. addresslesl, and phone numbers 0111) deslgnaled consum.r credil counseling agency(iel) Illare):
y W C A
jUl G ~treet
CarlIsle, Pa. 17013
It is only necessary to schedule on. fac.'o-face meelmg. You should aOvise IhlS lender Immediately 01 your Inlenllonl.
Your mongage Is in d.lault bN~ll' YU'l..havelalled 10 pay promptly mstallmenlS 01 pnntlpal and Inlerlll, II required, lor 1 pened 01 alllasl silty (80) daYI, Thl lotalamount
01 the delinqUent! Is $ lJl. IU . Thallum Includlllh"oIlOW'ln~
5 Bi week y Daym!'nt~ nf $4fi'i 74 pa~h-fnr thp Mnnth~ of phrllary I Marrh anrl April
Your mortgage II also In default lor Ihe 101l0Wlng reasons:
If you have lned and are unable 10 resolv. Ihls prOblem al or aller your race-Io-Iace meellng, you have ItI. nght 10 apply lor linanclal. asslalance from Ihe Homeowners'
Emergency Mongege Alllslance Fund. In order 10 do Inls, you musl r.n out. III;3n and lIIe I compleled Homeowne'a' Emergency AIIISfance Appllcallon wllh on. 01 th.
designated consumer credll counseling agenCies hsted In Ihe anacnmenl. An apphcatlon lor aSSistance may ONY be obtained from a consumer credd counseling .glncy. The
consumer creall counseling agency Will aSSlsl you In llIhnO oul your appllC8l1on and wllllubmll your compl.led Ipphcahon 10 Ihe Pennsylvanll Houllng FlnaneeAgency. Your
apphcallon must be hied or poslmarked, Within Ihlrty (30) days 01 your race-Io.lace meeung.
It 15 ,,,tremBly Important ma' you 111, your applica./on ptomptly, "you ao not CO so, or,I you ao nor fOllOw tnB othB' r,m, ".nOdS s.r rOrfh In rlUs IBrI", IO,.,tOJur. m.y prOCflfl(J
agamsr your homs ,mmsct,ats/y.
Available lundS lor emergency mortgage assistance lire very hmlled. They will be diSbursed by Ihe Agency under Ihl ehglblllly crlte,ta establllhed by Ihl Acl.
1115 e.tremely Important lhal your apphc8110n be aecurale and complele In every respecl. Th. Pennsylvania HOUSing FinancIAgency hilS lilfy (601 dayllo make. dlClSlon
aller II receIves your application OUr1Rg lhat addlhOnal 11m., no lo,eclosure proceedLMgs Will be pursued agaIMst you I' you navI melli'll time utqUlt,menll III 'Olin abOve, You
Will be nOllll.d dlreclly by lhal Ageney 01 liS deCISion on your appllcallon
The Pennsylvania HouslMQ FlM3.nceAgency IS loellld 112101 Nonh Fronl SUUI. POSI O'lice BOI 8029, Harflstlurg. Pennsylvania t7t05, rel,pnone No. (717) 760-3600 or
1.600.342.2397 (Iollhee number,. Persons Wllh ImpalUKI heating can c3oIlI.8QO.342-2397,
In addlllon you may 'ecelve InOlner nollce trom thiS Ie I caUld Ii'll "Nollc' ollnllnhon 10 ForeClosure-, You mUll read bOlh noUc... SIMea
Ihey bolh eJllplaln rlghls Ihat you no..., have under Pen EXHIBIT 110 el.'(II, your nghls dncnbed In IhlS notICe. you cannol be 10reclOlld upon
wnlle you ara recelvlMg thai aSSlslance.
/:
HEMA Rev 2 8194
NOTICE OF INTENTION Tg~ORE~LOSE MORTGAGE
TO:
Sharon Kepner
714 Noble Blvd
Carlisle, PA. 17013
Dote of Notice
APRIL 08, 1997.
Loon No,
The MORTGAGE held by Farmers Trust Company
(hereinafter we, us or ours) on your property located at 1472 Zimmerman Road
Carlisle, Pa. 170t3
IS IN SERIOUS DEPAUL T becilJJ~e.you have not made the monthly payments of S 465.74
forthe months of Feoruary 1 ~~/ ,March 1997 ,and April 1997
and/or because
Late charges and other charges have also accrued to this date in the amount of . The total
amount now reguired to cure this default, or in other words, get caught up in your payments, as of the date of this
letter, is 5 2328,70 .
YOU2f]JjJ'L CJl.re this default within THIRTY (301 DA YS of the date of this letter, by paying to us the above amount
of S ::l<::/l,/O , plus any additional monthly payments and late charge which may fall due during this
period. Such payment must be made either by cash, cashier's check. certified check or money order, and made at
Farmers Trust Company 1 WP~t High ~trE'E't Cilr1isle'-p-iI. 17013 .
If you do not cure the default within TH I RTY (30) DAYS, we intend to exercise our right to accelerate the
mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due
immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of
the amount of default is not made within THI RTY (30) DAYS. we also intend to instruct our attorneys to start a
lawsuit to foreclose your mortgaged property, If the mortgage is foreclosed your mortgaged property will be sold by
the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they
begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to
550.00. However, if legal proceedings are started against you. you will have to pay the reasonable attorney's fees even
if they are over 550,00, Any attorney's fees will be added to whatever you owe us, which may also include our
reasonable costs, If you cure the default within the thirty day period, you will not be required to pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage.
If you have not cured the default within the thirtY day period and foreclosure proceedings have begun, you still
have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale,
You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due,
as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other require.
ments under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be
approximately Sept 1997 ,A notice of the date of the Sheriff sale will be sent to you before the sale. Of course,
the amount needed to cure the default will increase the longer you(IIJ'~)~~f ~;~9find out at any time exactly what
the required payment will be by calling us at the following number: -. This payment must be in cash,
cashier's check, certified check or money order and made payable to us at the address stated above.
You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain
in it. If you continue to live in the propertY after the Sheriff's sale, a lawsuit could be started to evict you.
You have additional rights to help protect your interest in the property. YOU 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, YOU MAY HAVE THE RIGHT TO SELL OR
TFlANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 REQUIRE.
MENTS UNOER THE MORTGAGE ARE SATISFIED, CONTACT US TO DETERMINE UNDER WHAT CIRCUM.
STANCES THIS RIGHT MIGHT EXIST, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY
THIRD PARTY ACTING ON YOUR BEHALF, YOU HAVE THE RIGHT TO ASSERT IN THE FORECLOSURE
PROCEEDINGS THE NON,EXIS L T OR ANY OTHER DEFENSE YOU MAY HAVE TO
ACCELERATION OR FORECL
EXHIBIT
If you cure the default. the 1111
you are not entitled to thiS rluht t
F=
th,' same position .1S if no default had occurred, However,
than !tHel! Imes in ny calendar vear, ~ '\
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NOT/~E!?.! /lY!..ElYTlON TO FOR~CLOSE MORTGAGE
TO:
Ronald Kepner
1472 Zlmmel'lIIdll RUdd
\;arllsle, ~a. 1I0lJ
Dote of Notice
April 08, 1997
Loan No,
10007908
The MORTGAGE held by Farmers Trust Company
(hereinafter we, us or ours) on your property located at
1472 Zimmerman Road
Carlls1e, Pa, 17013
IS IN SERIOUS DEFAULT beCo1U$~YJ}uhave IIOt made the ,~h'llW~Jyl,Yayments of S 465, 74
forthemonrhsof February, 1~~/ ,March, 1997 ,and Aprl1, 1997
and/or because
Late charges and other charges have also accrued to this date in the amount of , The total
amoun,t now r2~~~e9do cure this default. or in other words, get caught up in your payments, as of the date of this
letter, IS S ' ,
You '2!j2Ef.Ufo this default within THIRTY 130) DA YS of the date of this letter, by paying to us the above amount
of S' , plus any additional monthly payments and late charge which may fall due during this
period. Such payment must be made either by cash. cashier's check, certified check or money order, and made at
Farmers Trust Company-1 West HiQh Street- Carlisle, Pa. 17013 ,
If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the
mortgage payments, This means that whatever is owing on the original amount borrowed will be considered due
immediately and you may lose the chance to payoff the original mortgage in monthly installments, If full payment of
the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a
lawsuit to foreclose your mortgaged property, If the mortgage is foreclosed your mortgaged property will be sold by
the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they
begin legal proceedings against you. you will still have to pay the reasonable attorney's fees, actually incurred, up to
550,00, However. if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even
if they are over 550,00, Any attorney's fees will be added to whatever you owe us, which may also include our
reasonable costs, If you cure the default within the thirty day period, you will not be required to pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage.
If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still
have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale.
You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due,
as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other require.
ments under ths pertfliJlJf1.7lt is estimated that the earliest date that such a Sheriff's sale could be held would be
approx imately el', Ill~ . A notice of the date of the Sheriff 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 will be by calling us at the following number: 717-241-7759, This payment must bein cash,
cashier's check, certified check or money order and made payable to us at the address stated above.
You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain
in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you.
You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHTTO SELL THE
PROP::RTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM
ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT, YOU MAY HAVE THE RIGHT TO SELL OR
TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 REQUIRE.
MENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US TO DETERMINE UNDER WHAT CIRCUM.
STANCES THIS RIGHT MIGHT EXIST, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY
THIRD PARTY ACTING ON YOUR BEHALF, YOU HAVE THE RIGHT TO ASSERT IN THE FORECLOSURE
PROCEEDINGS THE NON,E AULT OR ANY OTHER DEFENSE YOU MAY HAVE TO
ACCELERATION OR FORE
EXHIBIT
If YOtl c/'re the dL'f:wlt, th
you are not entitled to thiS rig
G
d to the same position as if no default h.1d occurred, However.
ore than threest;/! :n~?ft~
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ALL THAT CERTAIN tract of land with improvements thereon
erected situate in Monroe Township, cumberland County,
Pennsylvania, bounded and described, as follows:
BEGINNING at a railroad spike in the dedicated riq~t-of-way
line of Township Road T-533, known as Zimmerman Road, on the line
of lands now or formerly of Georqe M. Beck and wife; thence alonq
said lands now or formerly of Georqe M. Beck and wife, North 58
deqrees 00 minutes 00 seconds West, a distance of 98.00 teet to
an iron pin; thence alonq the same, North 07 deqrees 56 minutes
42 seconds East, a distance of 444.50 teet to an iron pin; thence
alonq the same, North 78 deqrees 27 minutes 30 seconds East, a
distance ot 385.15 teet to an iron pin on a tence line on the
line of lands now or formerly of Charles L. Boyer; thence alonq
said tence line, South 32 deqrees 00 minutes 00 seconds West, a
distance of 575.85 teet to a point on the dedicated riqht-ot-way
line of said Township Road T-533; thence alonq said dedicated
riqht-of-way line of said Township Road T-533 by a curve to the
left with a radius of 170.00 teet an ar~ lenqth of 95.37 teet to
a point, the Place of BEGINNING.
CONTAINING 2.60 acres and beinq Lot No. 1 on the subdivision
Plan for Georqe M. and Lois K. Beck dated September 20, 1977, and
recorded in the Office of the Recorder of Deeds of cumberland
county, Pennsylvania; in Plan Book 31, paqe 143.
BEING the same premises which Georqe M. Beck and Lois K.
Beck, husband and wife, by Deed dated June 3, 1991, and recorded
in the Office of the Recorder of Deeds of cumberland County,
Pennsylvania, in Deed Book "0", Volume 35, paqe 942, qranted and
conveyed unto Ronald L. Kepner and Sharon E. Kepner, husband and
wife, Mortqaqors herein.
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Notes. If real property, supply six copies of description inclucting ilrprovements c!Illd c!Ill
original and copy of affidavit of ownership (PaR,C,P, No, 3129),
If lengthy personalty list, supply four copies of list,
To index writ, file separate praecipe with writ,
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ALL THAT CERTAIN tract of land with improvements thereon
erected situate in Monroe Township, cumberland county,
Pennsylvania, bounded and described, as follows:
BEGINNING at a railroad spike in the dedicated riqpt-of-way
line of Township Road T-533, known as Zimmerman Road, on the line
of lands now or formerly of Georqe M. Beck and wife; thence alonq
said lands now or formerly of Georqe M. Beck and wife, North 58
deqrees 00 minutes 00 seconds West, a distance of 98.00 feet to
an iron pin; thence alonq the same, North 07 deqrees 56 minutes
42 seconds East, a distance of 444.50 feet to an iron pin; thence
alonq the same, North 78 deqrees 27 minutes 30 seconds East, a
distance of 385.15 feet to an iron pin on a fence line on the
line of lands now or formerly of Cherles L. Boyer; thence alonq
said fence line, South 32 deqrees 00 minutes 00 seconds West, a
distance of 575.85 feet to a point on the dedicated riqht-of-way
line of said Township Road T-533; thence alonq said dedicated
riqht-of-way line of said Township Road T-533 by a curve to the
left with a radius of 170.00 feet an arc' lenqth of 95.37 feet to
a point, the Place of BEGINNING.
CONTAINING 2.60 acres and beinq Lot No. 1 on the subdivision
Plan for Georqe M. and Lois K. Beck dated september 20, 1977, and
recorded in the Office of the Recorder of Deeds of cumberland
County, Pennsylvania, in Plan Book 31, paqe 143.
BEING the same premises which Georqe M. Beck and Lols K.
Beck, husband and wife, by Deed dated June 3, 1991, and recorded
in the Office of the Recorder of Deeds of cumberland County,
Pennsylvania, in Deed Book "0", Volume 35, paqe 942, qranted and
conveyed unto Ronald L. Kepner and Sharon E. Kepner, husband and
wife, Mortqaqors herein.
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ALL that certain tract ot land situate in Mcnrce TownShiP.
Cumberland County. PennsYlvania. bounded and described as tollcwsl
BEOINNINO at a railroad spike in the centerline ot Tcwnship Road
T-533. known as Zimmerman Road. on the line ot land retained by the
Orantors herein. thence along the latter. North 58 degrees' 00 minutes
00 seconds West. a distance ot 98.00 teet to an iron pin. thence along
the same. North 07 degrees 56 minutes ~2 seconds East. a distance ot
~~~.50 teet to an 1rcn pin. thence along the same. Ncrth 78 degrees
27 minutes 30 seconds East. a distance ot 385.15 teet to an iron pin
on a tence line on the line ot land now or tormerly ot Charles L. Boyer.
thence along the latter. South 32 degrees 00 minutes 00 seconds West.
a distance ot 575.85 teet to a railroad spike in the centerline ot
Township Road T-553. known as Zimmerman Road. the Place ot BEOINNINO.
CONTAININO 2.60 acres and being described according to a survey by
Stephen O.:P1sher. R.S.. dated September 20. 1977 and being d~s1gnated
as Lot No. 1 thereon. Said Plan is recorded in the Ott1oe at the
Recorder at Deeds tor Cumberland County. PennsYlvania in Plan Book 31.'
Psge 1~3.
Being known and numbered as 1472 Zimmerman Road, Carlisle. PA 17013
M Beck and Lois K, Beck. husband
Being the same premises whiChdGe~~~eR~~Uld L, Kepner and Sharon E, Kepner,
and wife, granted and conveyed u d d in the Office of the Recorder
by deed dated May 8. 1978, an recor ei D d B ok "T" Volume "27".
of Deeds in and for Cumberland County n ee 0 ,
Page "929",
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TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMmING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO, 24
Held Wednesday, March 4, 1998
Date: March 6, 1998
TAXES: Receipts for all taxes for the years 1995 to 1997 inclusive. Taxes for the current year
1998.
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated , 1998, and recorded
, 1998, in Cumberland County Deed Book , Page
RECITAL: Being the same premises which George M, Beck and Lois K. Beck, husband and
wife, by deed dated May 8, 1978, and recorded May 9, 1978, in the Office of the Recorder of
Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book "T", Volume 27,
Page 929, granted and conveyed unto Ronald L. Kepner and Sharon E. Kepner
OTHER EXCEPTIONS:
1 . The identity and legal compctency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroaclunents which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Building and use restrictions and conditions as shown on Plan of George M. and Lois
K. Beck recorded in Plan Book 31, Page 143.
6. Public and private rights in the roadbed of Township Road T-533 known as
Zimmennan Road.
7. Satisfactory evidence to be produced that propcr notice was given to the holders of all
liens and encumbrances intended to be divested by subject Sheriff Sale.
8. Delinquent real estate taxes.
9. Mortgage given by Ronald L. Kepner and Sharon E. Kepner to Defense Activities
Federal Credit Union dated May 20, 1987, and recorded May 27, 1987, in Mortgage
Book 866, Page 324, in the amount of $37,000,00.
10. Mortgage given by Ronald L. Kepner and Sharon E. Kepner to Farmers Trust
Company dated March 6, 1992, and recorded March 11, 1992, in Mortgage Book
1052, Page 445, in the amount of $100,000.00.
Complaint in Mortgage Foreclosure filed on May 23, 1997 to 1997-02772 by Financial
Trust Company against Ronald L. Kepner and Sharon E, Kepner in the amount of
$90,450.24.
11. Judgment entered in favor of Financial Trust Company against Ronald L. Kepner and
Sharon E. Kepner on February 28, 1997 to No. 1997-01066 in the amount of
$7,106.38.
12. Complaint in Equity filed on March 4, 1998 by Financial Trust Company against
Ronald L. Kepner, filed to No. 1998-0199
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'\1'111 ~~.IIJ'I~
SHARON E, KEPNER,
Plaintiff/Petitioner
vs.
RONALD L, KEPNER,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO. 97 - 132 CIVIL TERM
IN DIVORCE
ORDER OF COURT
AND NOW, this
J 't .iJ~ day 01
Ot,,:L
, 1998, upon consideration 01
the within Petition for Finding of Contempt and for a Transfer of the Case to the Honorable
Kevin A. Hess, a Rule is issued on show cause why, of any, the relief requested shall not be
granted.
RULE returnable at a hearing set for the
in Court Room No.
t.f
at the Cumberland County Court House in Carlisle, Pennsylvania
I at
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This _.;.\'8 _ cay of, _ ht....., U19,j.~,
..........,.~~t'~;~lh~~~...._-
J~ tJ~ day of
, 'i9S'
, 1001;
~~
By the Court,
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SHARON E, KEPNER,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO, 97 - 132 CIVIL TERM
IN DIVORCE
vs,
RONALD L, KEPNER,
Defendant/Respondent
PETITION FOR FINDING OF CONTEMPT
AND FOR A TRANSFER OF THE CASE
TO THE HONORABLE KEVIN A. HESS
Now comes SHARON E. KEPNER. by and through her counsel, FLOWER, MORGENTHAL,
FLOWER & LINDSAY. P.C., and petitions this Honorable Court as follows:
1. The parties hereto are husband and wife, having been joined in marriage on May 31,
1975. Petitioner filed a Complaint in Divorce on January 9, 1997, and on the same day a Petition
for Special Relief.
2. The Petition for Special Relief sought a Non-dissipation Order. 0., January 9, 1997,
this Honorable Court entered a Rule to Show Cause upon the Defendant why the Non-dissipation
Order should not be granted. "Pending the hearing, Respondent is ordered not to alienate,
dissipate. liquidate or otherwise dispose of any marital asset including the Vulcan Life Insurance
!1 Annuity # 1950045207," The Court Order of January 9, 1997 is attached hereto as Exhibit "A",
I
:1 3, A hearing on the matter has yet to be held.
4, The marital home was the subject of a mortgage foreclosure action filed by Financial
Trust Corporation to the No, 97-02772, The house has been sold in foreclosure.
5, Prior to and after the sale of the marital home, Defendant removed therefrom certain
property which is marital and sold said property, In an attempt to learn the nature of the property
f:\\llI\\I\"l:p"t:r\l1IIlIt:nll'l.f\'1
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sold, Plaintiff served on Defendant a set of Interrogatories, a copy of which is attached hereto as
Exhibit "B". (Please see answer to Question 1 of Interrogatories)
6. In addition, as evidenced by his Pre,trial Statement flied with the Divorce Master,
Respondent averred the following violations of the January 9, 1997 Order:
A. That he received $4,000.00 of marital funds from an escrow account
of Wayne Shade, Esquire.
B. That he received $11,000.00 from the sale of FCC Ucenses. Please
see Exhibit "B", Answer to Interrogatory, Question Nos. 2 and 4.
Upon information and belief, not receiving any information to the contrary set out in the
Answers to Interrogatories, Defendant converted these marital assets to his own use despite the
Court's Order of January 9, 1997.
7. Financial Trust Corporation has flied a Petition for an Injunction in connection with
the mortgage foreclosure action, seeking to stop Respondent from removing portions of the house
which was the subject of the foreclosure sale, and requiring Respondent to remove certain
furnishings which are left behind at the marital home, Said furnishings are marital property.
8. Petitioner herein has filed a Petition for leave of Court to remove certain personal
property In the mortgage foreclosure action.
9. Respondent herein is represented by Hubert X. Gilroy, Esquire. The attorneys
involved in this case believe judicial economy would be served by permitting the domestic relations
case to be transferred to the Honorable Kevin A, Hess, before whom the mortgage foreclosure
II action is pending, The Honorable George E, Hoffer, to whom the divorce action has been
/1 assigned, has never heard testimony in that case. although he did sign the Order of Court of
:/ January 9, 1997.
I.
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l':\WP.~ 1 \Lcpncr\pcDunlllty,pcl
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FINANCIAL TRUST COMPANY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 97.2772 CIVIL TERM
vs.
RONALD L. KEPNER and
SHARON E. KEPNER,
IN MORTGAGE FORECLOSURE
Defendants :
CERTIFICATE OF SERVICE
AND now, this I/~ day of
, 1998, I, Carol J. Undsay, Esquire,
of the law firm of FLOWER, MORGENTHAL, FL ER & LINDSAY Attorneys, hereby certify that
I served the within Petition for Personalty this day by depositing same in the United States Mail,
First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Hubert X. Gilroy, Esquire
Attorney for Ronald L. Kepner
BROUJOS & GILROY, P.C.
4 North Hanover Street
Carlisle, PA 17013
Susan Otto, Esquire
Attorney for Financial Trust Corp.
DUNCAN & OTTO, P.C.
One Irvine Row
Carlisle, PA 17013
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
Attorneys for Petitioner/Defendant Sharon E. Kepner
By:
Carol J. U dsay, Esquire
10 # 4469
11 East High Street
Carlisle, PA 17013
(717) 243-5513
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Financial Trust Company
-vs-
Ronald L. Kepner and Sharon E. Kepncr
In the Court of Common Pleus of
Cumberlund County, Pennsylvunia
No. 97-2772 Civil Term
Michael E. Burrick, Deputy Sheriff, who being duly sworn uccording to law, says on January
7, 1998 at 9:08 A.M. E.S. T.,he posted the property ofRonald L. Kepner and Sharon E. Kepner
at 1472 Zimmerman Road, Cumberland County, Pennsylvania according to law.
Michael E. Barrick, Deputy Sheriff, who being duly sworn according to law, says on January
13,1998 at 4:26 P.M.E.S.T., he served a true copy of Real Estate Writ Notice Poster and
Description in the above entitled action upon one of the within named defendants to wit: Ronald
L. Kepner, by handing to Ronald Kepner at 1472 Zimmerman Road, Cumberland County,
Pennsylvania its contents and at the same time handing to him personally the said true and
attested copies of the same.
Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, says on January 27,
1998 at 8:21 P.M.E.S.T., he served a true copy of real Estate Writ Notice Poster and Description
in the above entitled action upon one of the within named defendants to wit: Sharon E. Kepner
by making known uuto Sharon E. Kepner at 222 South Pitt Street, Carlisle, Cumberland County,
Pennsylvania, its contents and at the same time handing to her personally the said true and
attested copies of the same.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the within
Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a
notice of the pendency to one of the within Named defendants to wit: Ronald L. Kepner to his
last known address 1472 Zimmerman Road, Carlisle, Pennsylvania. The letter was mailed under
the date of January 28, 1998 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law says 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 one of the within named defendants to wit: Sharon E.
Kepner to her last known address 714 Noble Blvd., Carlisle, Cumberland County, Pennsylvania.
The letter was mailed under the date of January 28, 1998 and never returned to the Sheriff's
Office.
R. Thomas Kline, Sheriff who being duly sworn according to law, says after due and legal
notice had been given according to law, exposed the within described premises at public venue or
outcry at Court House, Carlisle, Cumberland County, Pennsylvania, on March 4,1998 at 10:00
o'clock A.M.E.S.T... and sold same for the sum of$72,OOO.OO to Attorney Susan Otto for
Financial Trust Company, its successors and assigns. It being the highest bid and best price
received for the same Financial Trust Company, its successors and assigns. being the buyer in
this Execution paid to R. Thomas Kline the sum of $ 4,491.45 it being Sheriff's costs etc.
Sheriff's Costs listed below.
Sheriff's Costs:
Docketing
Poundage
Posting Bills
Advertising
30.00
1440.00
15.00
15.00
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TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO. 24
Held Wednesday, March 4, 1998
Date: March 6, 1998
TAXES: Receipts for aU taxes for the years 1995 to 1997 inclusive. Taxes for the current year
1998.
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated , 1998, and recorded
, 1998, in Cumberland County Deed Book , Page
RECITAL: Being the same premises which George M. Beck and Lois K. Beck, husband and
wife, by deed dated May 8, 1978, and recorded May 9, 1978, in the Office of the Recorder of
Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book "T", Volume 27,
Page 929, granted and conveyed unto Ronald L. Kepner and Sharon E. Kepner
OTHER EXCEPTIONS:
1. The identity and legal compcteney of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Building and use restrictions and conditions as shown on Plan of George M. and Lois
K. Beck recorded in Plan Book 3 I, Page 143.
6. Public and private rights in the roadbed of Township Road T-533 known as
Zinunerman Road.
7. Satisfactory evidence to be produced that propcr notice was given to the holders of all
liens and encumbrances intended to be divested by subject Sheriff Sale.
8 . Delinquent real estate taxes.
9. Mortgage given by Ronald L. Kepner and Sharon E. Kepner to Defense Activities
Federal Credit Union dated May 20, 1987, and recorded May 27,1987, in Mortgage
Book 866, Page 324, in the amount of $37,000.00.
10. Mortgage given by Ronald L. Kepner and Sharon E. Kepner to Farmers Trust
Company dated March 6,1992, and recorded March I I, 1992, in Mortgage Book
1052, Page 445, in the amount of $100,000.00.
Complaint in Mortgage Foreclosure filed on May 23, 1997 to 1997.02772 by Financial
Trust Company against Ronald L. Kepner and Sharon E. Kepner in the amount of
$90,450.24.
I I. Judgment entered in favor of Financial Trust Company against Ronald L. Kepner and
Sharon E. Kepner on February 28, 1997 to No. 1997.01066 in the amount of
$7,106.38.
12. Complaint in Equity filed on March 4, 1998 by Financial Trust Company against
Ronald L. Kepner, filed to No. 1998.0199
13. It is to be noted that an action for divorce between Ronald L. Kcpner and Sharon E.
Kepner was filed to No. 1997-132.
14. Real eslntc tuxes aecming on and lIftcr July I, 1998, not yet due and paynble.
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Robert M. Frey, Agent
Nate: TIlis Title Repan shall nOl be valid or binding
anlil coulIlersigncd by IIn authorized signalOry.
REAL Jl:8TATE SAJ.I: !f0. 24
Wrtt No. 97-2772 Clvtl
financial Trusl Company
VI.
. Ronald 1.. Kepner snd
Shlll'Un E. Kepner
Atty.: William A. Duncan
ALL that certaln tract orland situ.
ale In Monroe Township. Cumber.
land County. Pennsylvania. bounded
and descrtbed IS rollows:
BEGINNING at a railroad spike In
the centerline or Township Road T-
533. known as ZlmmermWl Road. on
the Une orland retained by the Gran-
lors herein: thence along the laller.
North 58 degrees 00 minutes 00 sec-
onds West. a distance or 98.00 reet to
an Iron pin: thence along the same.
North 07 degrees 56 minutes 42 sec-
onds East. a distance or 444.50 reet
\0 an Iron pin; thence along the same.
North 78 degrees 27 mlnUtel 30 1lCC-
ondl East. a dlltance or 385. I II reet
\0 an Iron pin on a rence Une on the
Une or land now or ronnerly or Char-
leI 1.. Boyer; thence along the laller.
South 32 degrees 00 mlnulel 00 1lCC-
onds West. a dlstance or 575.85 reel
to a railroad Iplke In the centerUne
or TownshIp Road T-553. known as
Zlmmennan Road. the Place or BE.
GINNING.
COm'A1NING 2.60 Icres and be.
Ing descrtbed according 10 a IUrvey
by Stephen G. FIsher. RS.. dated
Seplember 20. 19n and being des.
Ignated as LoI No. I thereon. Sald
Plan II recorded In the Office or the
Recorder or Deeds ror Cumberland
County. Pennsylvania In Plan Book
31, Page 143.
Being known and numbered as
1472 Zlmmennan Road. Carltsle, PA
17013.
Being the same preml..1 which
George M. Beck and lois K. Deck.
husband and wire. granted and con.
veyed unlo Ronald 1.. Kepner and
Sharon E. Kepner. by deed dated May
8. 1978. and recorded In the Office or
the Recorder or Deeds In and ror
Cumberland County In Deed Book
T, Volume "2T. Page '929'.
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Undet Act No 587, Aooroylld May 18 1929
Commonwealth of Penneylvanla, County of Dauphin} ..
FrsnkJ. Epler being duly sworn according to low, deposes and soys:
That he la the Controller 01 THE PATRIOT.NEWS CO., e corporation organized and exlatlng under the lawa 01 the
Commonwealth 01 Pennsylvenla, wllh Its principal office and place of business et 812 to 818 Market Street, In the
City 01 Harrisburg, County 01 Dauphin, Slate 01 Pennsylvania, ownar and publisher 01 THE PATRIOT-NEWS and THE
SUNDAY PATRIOT.NEWS newspapars 01 general circulation, printed and published at 812 to 818 Market Street, In
the CIIy, County and State aforasald; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS ware established
March 4th, 1854, and Septamber 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which Is sacurely attached hereto Is exactly as printed and published In
their ragular dally and/or Sunday and Metro edltlonsllssuea which appeared on the 3rd, 10th end 17th davIs) 01
February 1998. ThaI neither he nor said Company Is Inlereated In the subject mailer 01 said printed notice or
advertising, and that all 01 the allegations 01 this statement as to the time, place and character 01 publication are
true; and
That he has personal knowledge 01 the lacta aforesaid and Is duly authorized and empowerad to verify this
statement on behall 01 The Patriot-News Co. aloresald by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board 01 directors of the said Company and subsequently duly recorded In
the office lor the Recording 01 Deeda In and lor said County 01 Dauphin In Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
SALE 1124
NoNna' Seal
Terry L. RUM/lI. Notary Public
Harrisburg. Oa..,tNn County
Uy CcrotnlUion Expltes Juno 6. 1998
MentIw,A.,,-+,_~
25th d!!Yf,I Feb~ A.D.
lY-1/t ,.U' /'~
' NOTAlfv UBLlC
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. VI '
a~
, AU. lhol c8rfan Iroct of Iond sltuole
,In Monroe Township. Cumberland
I ~os : bounded and
I BEGINNING at rolllOod spike In the
\ centerline at 1 lIP IloOd 1-533.
knov.n os ZImme ROOd, on the line
of Iond I9tolned the Glanton herein:
i thence along I e latter North 58
~ deaIees 00 mJnules 00 seconds West. 0
dIsfunce of 98,00 feet 10 on roR DIn:
,thence along the same. North' 01
deorees 56 mJnules 42 seconds East. a
: dlsfonce of 444.liO feet to OIlroR p!!;
,thence ~the same.. NortII 18
=~385.15e,s':'t~~~ .sher' s Receipt for Advertising Cost
o t~'~\WRJ~,~~~l,'e19.~Jlfoher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers 01 general
circulation, hereby acknowledge receipt 01 the aloresald notice and publlcetlon costs and certifies that the same have
been duly paid. THE PATRIOT-NEWS CO.
Isslon expires June 6, 1998
CUMBERlAND COUNTY SHERlFFSOFACE
CXlJRT I-OUSE
CARLISLE, PA. 17013
5tilJement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publlahlng the notice or publication attached herelo
on the above stated dales $
Probating same (1) Notary Fea(s) $
Total $
206.70
1.50
208.20
By....................................................................