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Home My WebLink About98-06598 \. \l '" ::s , () , '" r'-.J I ~ , ~ , ! 1'1 I < I 0 1<:'> , , i ~ I \l I < I I( I~~ I :~'\.. I ~ ~ i ~ :I I ~ ~ , ::s ~ ~~ { ~ .-- , i .:::l I - I <::J ; I I , \ u..; 1:)0.. ~: '-'I I "", <::l-- ; . ' MbCABB, WEISBERG AND CONWAY, P.C. BYI TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box B632 Elmhurst, IL 60126 v. Rodney L. Clouser 447 Hunter Road Newville, PA 17241 Attorney for Plaintiff I ~ , t I Cumberland County Court of Common Pleas qJ - IcSCJJ) {}' , 17 ~,L-tV\..\v Number AVISO NOTICE CIVIL ACTION/MORTGAGE FORECLOSURE You have been sued in court. I f you wi sh to defend against the claims set forth In the following pages, you rwst take action within twenty (20) days after this c~l8int and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the cLaims set forth against you. You ere warned that if you fail to do so the case may proceed without you and 8 judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP, Cumberland County Bar Association 2 liberty Avenue Carlisle, PA 17013 (717) 249-3166 le han demandado a usted en La corte. Si usted quiere defenderse de estes demandas ex-puestas en las p8ginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notificacion. Hace falta asentar una corrparenc i a escri ta 0 en persona 0 con un abogado y entregar a la corte en fonma escrita sus defensas 0 sus obJeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continual" la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favol" del demandante y recr..liere que usted cl.ll1Jla con todas Las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos impol"tantes para usted. \ i ~, LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OflCINA CUY A D1RECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. r r Ie 'I' ,t f, ~'i I'" Cumberland County Bal" Association 2 liberty Avenue Carlisle, PA 17013 (717) 249-3166 McCABE, WEISBERG AND CONWAY, p.e. BYI TERRENCE J. McCABE, ESQUIRE Identification Number 16496 Pirst Union Building 123 South Broad Street, Suite 20BO Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box B632 Elmhurst, IL 60126 Cumberland County Court of Common Pleas v. Rodney L. Clouser 447 Hunter Road Newville, PA 17241 Number 'i f- t. S ? P &,<,(:/ ~-<:d<../ CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Household Finance Consumer Discount Company, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is Rodney L. Clouser, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 447 Hunter Road, Newville, PA 17241. 3. On January 14, 199B, mortgagor made, executed and deli vered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 142B, Page 297. 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 447 Hunter Road, Newville, PA 17241. " VERIFICATION The undersigned, Anna Estupinan, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, Household Finance Consumer Discount Company, and that she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made oL~~ A}~A ESTUPINAN subject to the penalties of 1B PA.C,S, ~4904 relating to unsworn falsification to authorities. ~ ~ i ~ ~ ~ h ~i ,.i 113303 MORTGAGE D IP 1I0X IS CnllCKED. TillS lIlORTGAGEIS AN OPEN.END MORTGAGE AND SIlCURP.5 FUTURn ADVANCIlS THIS MORTGAGE is made this 14TH ROONEY L, CLOUSER day 01 JANUARY 19 9B . bel ween the Mortgagor, (herein "Dorrower"), and Mortgagee HOUSEHOLD FINANCE CONSUMER 0 I SCOUNT COMPANY a corporation organized and existing under the lows of PENNSYL VAN I A 25 GATEWAY DRIVE, GATEWAY SOUARE/SUITE 101. MECHANICSBURG. PA 11055 (herein "Lender"). The following paragraph preceded by a checked box is applicable. , m WHEREAS, Borrower is indebtw to Lender in thc principal sum of $ II .450.01 , 'evia'cnced by Dorrower's Loan Repayment and Securit)' Agreement or Secondary Mortgage Loan Agreement dated JANUARY 14, 1 99B and any extensions or renewals thereol (her.in "Note"), providing for monthly installments of prIDclpal Dnd interc.", including Dny adjustments to the amount 01 payments or the contrDct rate if that rate is variable, with the balance 01 the indebtedness, if not sooner paid, due and payable on JANUARY 14, 202B D WHEREAS, Borrower is indebted to Lender in the principal sum of S , or so much thereof as may be advancw pursuant to Borrower's Revolving Loan Agreemenl daled ' and extensions and renewals Ihereof (herein "Note"), providi~g lor monthly installments, and interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a crwitlimit Slatw in the principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (I) the indcbtedness evidenced b)' the Note, with interest thereon, including any inereases il the contract rate is variable; (2) future advances under any Revolving Loan Agr.ement; (3) the payment 01 all other sums, with interest thereon, advanced in accordanee herewith to protect the security of this Mortgage; and (4) the perlormance of the covenants and ag"ements 01 Dorrower herein contDinw, Borrower does hereby mortgage, grant Dnd convey to Lender Dnd l.end.r's successors and assigns the lollowing describw property 10cDted in the County 01 CUMBERLAND Commonwealth of P.nnsylvania: ,whose addrest;'is All that certain tract of land located in Lower HJfflin 1ownahip. cumberland Couney, pennoylvanl.. more partlcul.rly boundad Gnd de.cribed as followo I . . Beginning at Q. poIne and ..pike in a private road (l.nd corner of lande of Darrell W. DCYAlt, thenee 3' degreeeOg minuteD 30 eceondD We.t A diutgnce of 45C.27 te.t along land DE Darrell W. Dewalt to (I. white o~k and corner ot hndo of Charlca E. Ji~bei'l1g: thence North 'J3 degle~g SO minuteo Eaet a diet.nee ot 490.05 feet along land of Charleg t. Heberli9 to .. dead elm: thenea North 60 degree, 35 minuteD DMlt a diotancc of G41.8S het still along land of chulll'll E. lIc:berlig to R. locuot tree and corner of lande of Nel.on Vlc~!n91 thence SoucW 11 degrees 22 minucaa t38t A diot.nee of 407.25 feet along land of Nelson Vioring to . poet: thence South 27 degreea 15 minutc~ Eaot 6 dl~tBncc of 99 feet. nUl along land of "lebon vhr1ng to a poat, thenco South 24 degreea 10 mlnuce9 Weat a d!ot;nee of 173.25 feet otill 310ng land o! Nehon Vic:ring to an apple tree; t.hencl!! South 19 dC9UU so minutea WeDt & dIotance of 160 teet continuing alon9 land of N&lcon Vie ring to an ~lm tree .nd co~ner of land. of R. Allred Oaiole:: thence No~th &4 degree. 4S Minute. Helt . diotanco ot 6~6.30 tcet along l3nd of R. Alfred 04J.uler to a ,pike at a poInt in the aforcsaid private road, thonce South 36 degroca 15 minut.e. N.at a di,tance of 128.65 fett olong lin~ in o.1d private rond to _ epike and PLAce ot ~~9innIng. Containing 1:1 .139 .er.. and beIng in o.ecordance with aurvey of 'l'holl'ln A.. !feft, RegJ.etered s\OrY~yor, dated June 17. 1'70. AI!! reference thereto will more fully ap?ear. ~ /')r 9 / 6 \)") ",pl\ \)\\ \~ 07-21""97 ~ort9llge PA EXHIB~T ''1\' PA001241 FILE COPY 1111111I ~111~11~11111!111111111111[llllllllllllllllllllillllllll111~1 W 1I1111~ 1II1111~ 11111111 , '-. .2- TOGETHER with all the improvement. now or herealt.r erected on the property, and all .asemenls, righL., appurtenances and rents, all of which sh.1I be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold <Glate if this Mortgage i. on a leasehold) are hereinarter rderred to a. the "Property." Borrower eoven.nts that Bnrrower is lawfully s<ised or the estate hereby eonv.y.d and hM the right to mortgage, grant and convey Ihe ProperlY, and Ihalthe properly is unencumbered, except ror encumbrances of record, Borrower covenants thaI Borrower warrants and will defend generally the title to the Property against all claims and demands, subject 10 eneumbrances of r.cord, UNIFORM COVENANTS, Borrower and Lender coven.nt and agrr.c as follows: 1. Paymenl of Principal and Inleresl al Variable Rates. This mortgage secures all payments of principal and inlerest due on a variabl. rate loan, The contract role of interest and poyment amounts may be subject to change .s provided in Ihe Note, Borrowers shall promptly pay wh.n due all amounts r.quired by Ihe Note, 2. Fuods ror Taxes and Insurance. Subject to ,applicable law or waiver by Lender, Borrower shall pay to Lender on the day monlhly payments of principal and interest are payable under Ihe Note, until the Note is paid in rull, a sum (herein "Funds") equal to one-tweHth of the y.arly laxes and assessments (including condominium and planned unil development assessments, if any) which m.y allain priority over this Murtgage and ground rents on the Property, ir any, plus one"twellth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installm.nts ror mortgage insurance, ir any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates th.reof, Borrower shall not be obligated to make nueh payments or Funds to Lender 10 the extent that Borrower makes such payments to the holder of a prior mortgage or deed or trust ir such holder is an institutional lender, H Borrower p.ys Funds to Lend.r, the Fonds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution)_ Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground renls, Lender may not charge ror so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge, Borrower and Lender may agree in writing at the time oC execution oC this Mortgage that interest on the Funds shall be paid 10 Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge. an annual accounling or the Funds showing credits and debits to the Funds and the purpose ror which each debit to Ihe Funds was made, The Funds arc pledged as additional security for the sums secured by this'Mortgage, If the amount of the Funds held by Lender, together with the future monthly installments or Funds payable prior to the due dates or t.xes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessmen,L., insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, tither promptly'repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount or the Funds held by Lender shall not be sufficient to pay taxes, assessmenL', insurance premiums and ground rents as they fall due, Borrower shall pay to Lender a:il' amount necessary to make up the deficiency in one 0: more payments as Lender may r.quire. Upon payment in rull of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any funds held by Lender. Ir under paragraph 17 hereoC the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no lat.r than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3, Applieation of Paymenls, Except for loans made pursuant 10 the Pennsylvania Consumer Dif,count Company Act, all payments received by Lender under the Note and paragraphs 1 and 2 hereor shall be applied by Lender first in payment of amounls payable to Lender by Borrower under paragraph 2 hereof, then to interest, and then to tho principal. 4, Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under an)' mortgage, deed of trust or other security agreement \'lith a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall payor cause to be paid all taxes, assessments and other charges. fines and impositions attributable to the Property which may atta.in a priority over this Mortgage, and leasehold payments or ground rents, if any, . 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require. The insurance carrier providing the j~surance shall be chosen by the Borrower subject to approval by Lender; provided, that such approval shall nol be unreasonably withheld. All insurance policies and renewajs thoreof shall be in a form acceplable to Lender and shall incjude a standard mortgage clause in favor of and in a form acceptable 10 Lender. Lender shall have the right to hold the policjes and renewals thereor, subject to the terms of any mortgage, deed of trust or other securily agreement with a lien whieh,has priority over this Mortgage, :;. ~' :: -j; c.,. 07-21-97 Morlgllgc PA PAOOt242 FILE COpy 1111!111111111~lliillllllll~~lllllllli IIIIIIIII~ 111111~1111II~ ~[III~IIIIIIIIIIIIIIIII~ 1m 1II1 ~ .: .~ ....- '. " >oJ -3. In tho event 01 loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof 01 loss il not made promptly by Borrower, ' Ir the Property is abandoned by Borrower, or il Borrower lails to respond to Lender within 30 days Irom the date notice i. mailed by Lender to Dorrower that the iMurance carrier oIlers to settle a claim lor insurance bcnelils, Lender is authorized to collect and apply tho insurance proceeds at Lender's option either to restoration or repair 01 the Property or to the sums secured by this Mortgage, 6. Preservation and Maintenance or Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall leoep the Property in good repair and shall not commit wasto or permit impairment or deterioration 01 the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold, Ir this ~Iortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all 01 Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit developm.nt, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security, H Dorrower fails to perform the covenants and agr.ements contained in this Mortgage, or if any action or proceeding is commenced which materially aHeets Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearanccs. disburse such sums, including reasonable attorneys' lees, and take such action as is necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indebtedn.,';s of Borrower secured by this Mortgage, Unlnss Borrower and Lender agree to other terms 01 payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action h.reunder. 8. Insp.clion. Lender may take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable eause therefor related to Lender's interest in the Property. 9. Condemnation, The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien whieh has priority over this Mortgage. 10, Borrower Not Released; Forbearance By Lender Not a Waiver, Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend :time for payment or otherwise mO,dify amortization of the sums secured by this Mortgage by reason of an)" demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise affordcd by applicable law, sball not be a waiver of or preclude the exercise of any such right or remedy, 11. Succ.ssors and Asdgns Bound; Joint and Several Liability; Co-signers. The cov.nants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective SUCCe5.'iors and assigns o[ Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property, 12, Notice, Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such oth.r address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be gjven by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein, Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13, Governing Law; Severability, The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located, The foregoing sentence shall not limit the applicability of Federal law to this Mortgnge. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgnge or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to ,be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14, Bor,rower's Copy, Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 07,:,21~97 Mortgage P^ . FilE COPY IIIIIIIIIIIIIIIIIIIIIII!IIIIIIIIIIIIIIIII 111I11 11m 11111Il11111I~IIIIIIIIIIIIIIIII~ II~ II~ III III1 PA001243 .~. 15. Rehabilita1ion Loa" Acreement. Borrower ""II tullill all ot Borrower's obllguioM under any home rehabilitation, Improvement, repair, or other loan agreement which Borrower enters into wilh Lender, Lender, II Lender's option, may require Borrower 10 execule and deliver 10 Lender, in a torm acceptable to Lender, an assignmenl at any righta, claims or del.n.... which Dorrower may have against panies who supply labor, materials or ..rviees in connection with improvem.nltl mad. 10 th. ProperlY, 16, Transter ot the ProperlY. It Borrower 60lIs or Iransters all or any pari 01 lhe Property or an inleresl ther.in, oxeluding (a) th. er.ation ot a li.n or .neumbrance subordin.t. 10 Ihis Mortgag., (b) a transter by devise, descenl, or by operation at law upon th. death ot s jointten.nt, (c) Ih. grant 01 any leasehold interesl ot Ihr... yearn or ICI:S not containing an option to purch.se, (d) the creation 01 a purchase money security intereat lor household appliances, (c) a transler to a rel.tive resuhing trom Ihe d..th at a Dorrow.r, (t) a transr.r where the spoose or children 01 Ihe Dorrowcr become on owner at the properlY, (g) a transler resulting Irom , decree at dissolotion at marriage, legnl separalion agreement, or trom an incidental property 60tttement agr.ement, by which the spouse of Ihe Borrower becomes an owner ot Ihe property, (h) ,a Iranster into an inter vivos trusl in which Ihe Dorrower is and remains a benelicinry and which does nol relale 10 a Iransler ot righls of occopancy in the property, or(i) any olher Iransler or disposition described in regulalions prescribed by Ih. Fod.ral Home Loan !lank Board, Borrower shall CaOse to be submitted intormalion required by L.nder 10 evaluate Ihe transleree as if a new loan were being made 10 Ihe Iransler.e. Borrower will continue 10 be obligal.d onder the NOle and this Mortgage unl= Lender rel.ases Borrower in wriling, If Lender does not agree to such sole or transter, Lender may declare all 01 the sums securcd by this Morlgage to be immediately due and payable, If Lender exercises such oplion to accelerate, Lender shall mail Borrower notice 01 neceleration in a~cordance with paragraph 12 hereor. Such notice shall provide a period of not less than 30 days from the dnte the notice is mailed or delivercd within which Borrower may pay the sums declared due, If Borrower loils to pay such sums prior to the expiration 01 such period, Lender m3Y, wilhout furthcr notice or demand on Borrower, invoke any remedies permitted by paragraph 17 her.oC. . NON-UNIFORM COVENANTS. Borrow.r and Lender furlh.r covenant and agree as tollows: 17, Acceleration; Remedies, E%ccpl as provided in p3ragraph 16 hereof, upon Borrower's breach oC any eovenaot or agreement at Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to !lorrower as provided in paragraph 12 hereoC speeilying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by wbieh sucb breacb must be cured; and (4) that Cailure to cure such breneh on or before the date specified in tbe notice may result in acceleration of the sums secured by this Mortgage, Corcelosure by judicial proceeding, and sale oC the Property. The notice shall Curtber inform Borrow.r of the rigbt to reinstate after acceleration and the right to nssert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and Coreelosure, If the br.acb is not cored on or beCore the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding, Lender shall be entitled to collect in such proceeding all expenses of loreelosure, including, but not limited to, reasonable attorneys' fees and costs of documentary evidence, abstracts and title reports. 18, Dorrower's Right to Reinstate, Notwithstanding Lend.r's acceleration of the sum, by this Mortgage due to Borrower's breach, Borrower shall have Ihe right to havc any proonedings begun by Lender to enlorce Ihis Mortgage discontinued at any time prior to entry 01 a judgment enlorcing Ihis Mortgage if: (a) Borrower pays Lender all sums which would be then due onder this Mortgage and the NOle had no acceleration occurred;, (b) Borrower cures all breaches or any other covenants or agreements of Borrower contained in this Mortgage; (e) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien 01 this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired, Upon such payment and curc by Borrower, this Mortgage and the obligations seeured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Ronts; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof, in abandonment of the Property, have the right to collect and retain such rents as they become due and payable, Upon acceleration under paragraph 7 hercol or abandonment or the Property, Lender shall be enlitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property nnd to collect the rent!'> of the Property including those past due. All rents collected by the receiver shall be npplied lirst to payment or the costs of management of the Property and collection of rents, including. but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney" fees, and the" to the sums secured by this Mortgage, The receiver shall be liable to a.ccount only for those rents actually received. 07-21-97 Morlg'g' PA PA001244 FilE COPY 1111I11I111111111 I!iillilll lillllllll 1111111I11 1111111111111 1lllIIllllllIlllll~lllllIlIIIllllllIllllIl . -.. I 1":1 '1 .. : I , L. NOTICE OF INTENTION TO FORECLOSE MORTGAGE Customer(s): Rodney L. Clouser and Donna J. Souder Address: 447 Hunter Road Newville, PA 17241 Account Number: 713303-00-963591 Date of Loan: 1/19/BB Date Creditor: HOUSEHOLD REALTY CORPORATION Phone: (900)333-S84B Ext 3397 Address: 961 Weigel Dr.,P,O, Box 6632,Elmhurst,IL 60126 of Notice: May 7, 199B The MORTGAGE held by Household Realty Corporation, d/b/a Hcusehold Finance Consumer Discount Company (hereinafter called we, us or ours) on yo~r property located at 447 Hunter Road, Newville, Pennsylvania, IS IN SERIOUS DEFAULT because you have not made the monthly payment of $297.61 for the rr.onth of February and $956.11 each for the months of March uno April of 1998 inclusive. Late charges (and other charges) have also accrued to this datei:1 the amount of $none, The total amount now required to cure this deia~lt, O~ in other words, get caught up in your payments, as of the date of th~s letter 1S $2,209.B3. You may cure this default within THIRTY (30) days of the dat.e of Lin:; letter, by paying to us the above amount PLUS any additional monthly payments and late charges which may fall due during this period. Such paY1r.ent must. b.-, made either by cash, cashier's check, certified check or money order, and made at 961 Weigel Drive, 1'.0, Eox B632, Elmhurst, II, 60126, Pa)~ent may OH made by mail, but must be received in our office by the time specified by this notice, If yOU do not cure the default within THIRTY (30) DAYS. ',;e i:'lt:end to exercise our riaht to accelerate the mortaaoe pavments, This mea:'lS 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 nade within THIRTY (30) DAYS, we also intend to instruct our attorneys to stare a lawsuit to foreclose Your mortoaaed property, If the mortoaoe is foreclosed vour mortoaoed proper tv will be sold by the Sheriff to nay off the r.1ortaao", debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you ~Jill still have to pay the reasonable attorney's fees, actually incurred, up t.o $50,00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00, Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If vou cure the default within the thirtv day period. vou 'JJill not. b" reauired to pav attornev's fees. We may also sue you personally :or the unpaid prinCipal balance and all other sums due under the mortgage. If yo..., have not cured the default within the thirt.y day period and foreclosure proceedings have begun, vou still have the rioht to cure the defa'.llt ana prevent the sale at anv time UP to one hour before the Sheriff's foreclosur~ sale. You mav do so bv pavina the total amount of the unpaid monthl v payments nlus any late or other charoes then due. as well as the reasonable attornev's fees and costs connected with the foreclosure sale :ar.d nerform any other reauirements under the mortaaqe). It is estimated that the earliest date that such a Sheriff's Sale could be held would be approximately six (6) months from today, A notice of the date of the Sheriff's Sale will be sent to you before the sale, Of course, the amount needed ~o cure the default will increase t.he longer you wait _ You may find out at any eime exactly what the required payment will be by calling us at t:le fo11o'",ing number: (800)333-S84B Ext tXH'1 BIT "B" &Oo..tOOI2J 3'8V:)~)J\ ~f.t- ::I:\33H~ S&&9 tLC OT9S 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 o'Nnership of the mortgaged property and your right to remain in it. If you continue to liv~ in the property after the Sheriff's Salo, 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 r<1AY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE HHO mLL ASSur~E THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PA~~ENTS, CHARGES, AND ATTO~~EY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE t-lORTGAOE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default. the morCqaae will be restored to the same oosition as if no default had occurred, Howe~er, you are not e~:~tled to this right to cure your default more than three times in any calendar year. Very truly yo rs, 2/- Si ud. no traducirlo propiedad. BY: James Ash on Greene, Esq. FOR: HOU~HOL REALTY CORPORATION comprende el contenido de est~ vi so tanga 1a bondad de hacer ya que contiene informacion de suma importancia con respecto a su ,4 NOTE: Unless you notify this office within thirty (30) days after receiving this notice that you dispute the validity of this debt Dr any portio~ thereof, this office will assume that the debt is valid. If you nctify this office in writing within thirty (30) days from receiving this notice, ~his office will: obtain verification of the debt Dr obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving, this office will provide you with the name and address of the original creditor. ? u fJ :::,j ~.~ ~~; ~i; j~ 2 TAXE: ACTIon TO SAVE: YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the following not ice to find out how the program works. La notificacion en adjunto es de suma importilncia, pues afecta su" derecho a continuar viviendo en eu casa. si no comprende el contenido de esta notificacion obtenga una traduccion immediacemente llamanda est a agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba, l'uedes ser elegible para un prestamo por el programa llamando "Homeowner's Emergency Mortgage Assistance Program" el cual puede salva!" su casa de 1a perdida del derecho a redimir su hipoteca. IMPORTANT, NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS Customer(s): Rodney L. Clouser and Donna J. Bouder Address: 447 Hunter Road Newville, PA 17241 Account NUmber: 713303-00-963581 Date of Loan: 1/19/88 Date Creditor: HOUSEHOLD REALTY CORPORATION Phone: (800) 333-SB48 Exc 3397 Address: 961 Weigel Dr.,P,O. Box B632,Elmhurst,IL 60126 of Notice: May 7, 1998 Your mortcace is in serious default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days, The total amount of the delinquency is $2,209.83. That sum includes the follm;ing: $297.61 for the month of February and $956.11 each for the months of March and April of 1998 inclUSive, You ma be eli ible for fin ncial assistance that will reven~ foreclosure on your mortgage if you comply \~ith the provisions of the Homeowners' Emergency Mortgage Assistance Act of 19B3 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania HOllsing Finance Agency, P ease read all of this Notice_ It contains an ex 1 nation four richts, Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. That meetinc must occur in the next thirtv (30) davs. If you attend a face-tO-f<lce meeting with this lender, or with a consumer credit counseling agency identified in this notice, no furthel" proceeding in mortgage foreclosure may take place for thirty (3D) days after the date of that meeting. The name, address and telephone number of our representative is: Jim Dadian, Household Realty Corporation, 961 Weigel Dr" P,O. Box 8632, Elmhurst, 11. 60126, 1-800-333-5848 Ext 3397. SOO 1000 I€J " The names and oddresses of designated consumer credit counseling agonies are attached. It is only necessary to schedule one f~ce-to-face meeting. You should advise this lender immediately of your intentions. If you have tried and arc unable to resolve this problem at or after your face-to-face meeting. you have the right to apply for financial assistance from the Homeownern' Emergency l~ortgage Assistance Fund, !n ordel' to do this, you must fill out, oign, and file a completed Homeowners' Emergency Assistance Application with the Pennsylvania Housing Financ~ Agency. The consumer credit counseling agency will assist you in filling out your application. It must be filed or Dostmarked within thirtV (30\ davs of your tae~-tQ-face meetinq, It is extr;;el~ imoortant that vou file vour aoolication oromotlv. tf or if ou do ot fo ow he o~hcr 'me or' s se rt this letter. fo clos e ma ccd a a' ns our I m imme el Available funds for emergency mortgage assistance are vel'Y limitej. They will be disbursed by the AgenCY under the eligibility criteria established by the Act. It is extremelY imoort,ant t our a lica 'on is c rate a d co ;,s in everv resoect, The counseling agency will help you to f ill out tnc application. The Pennsylvania Housing Finance AgencY has sixty (GO) days to make a decision after it receives your application. During chat additiona~ time, no foreclosure proceedings will be pursued against you if you have mee the time requirements seC forth above, You will be notified directly by Chat Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, p,O. Box B029, Harrisburg, PA 17105. Telephone No. (717)7BO-3BOO o~ 1-800-342-2397 (toll free number) . You must either mail your application to the Pennsylvania Housi:-.g Finance Agency, or you must file it at the office of one of the designated consumer credit counseling agencies listed above. An application for assistance may be obtained from this ~ender. from a consumer credit counseling agency, or directly from the Pennsylvania Housing Finance Agency. Enclosed also is another notice from this lender under Act 6 of 1974, That notice is called a "Notice of Intention to Foreclose r40rtgage", You must rea:: both notices, since they both explain rights that you no'" have under Pennsylvania law. However, if you choose to exercise your rights described i~ this notice, we cannot foreclose upon you during that time,Also, if yO'~ receive financial assistance from the pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance. By: James Ashton Greene, Esq, FOR: HOD James SOO:lOO~ 38V:)Jl( t-t-... 3~33H~ SSS9 tLC OT9.g n :9T '...... ...... . :, I:~I 'I "0 I.",' !",! . '- J . ;.;~ C. .... I~~:( ~~ ,~, 1""1 r~f .;, ( .;\:..:...,.~,. ',. . . I... :'1--.." ':,) ':,: ~ r . ..;~.. , .. 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