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HomeMy WebLinkAbout99-02151 . . McCABB, WEISBBRG AND CONWAY, P.C. BY' TBRRENCE J. MCCABB, ESQUIRE Identitication Number 16496 Pirat Union Building 123 South Broad Street, Suite 2080 Philadelphia, pennaylvania 19109 (215) 790-1010 Household Finance Discount Company 961 Weigel Drive P.O. Box 8632 Elmhurst, IL 60126 Consumer v, Fred D. Carbaugh 196 Lawrence Lane Carlisle, PA 17013 and Judy B. Carbaugh 196 Lawrence Lane Carlisle, PA 17013 Attorney tor Plainti:t Cumberland County Court of Common Pleas qtf- ~/Sl ~ Number CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO You have been sued In court. If you wish to defend against the claims set forth in the following pages, you rrust take action within twenty (20) days after this corrplaint and notice are served, by entering 8 written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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. Sf usted qutere defenderse de estas demandas ex.puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de La demanda y La notificacion. Hace falts asentar una corrparencia escrita 0 en persona 0 con un abogado y entregar a La corte en forma escrita sus defensas 0 sus objeciones alas demandss en contra de su persona. Sea avisado que si usted no se deftende, la corte tomsra medidas y puede continuar la demands en contra suya sin prevlo avlso 0 notfficacion. Ademas, La corte puede decldir a favor del demandante y requiere que usted curpla con todes las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades U otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO fNMEDlA T AMENTE, SI NO TfENE ABOGADO 0 SI NO TIENE EL DINERO SUFfCIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A D1RECCION SE ENCUENTRA ESCRITA A8AJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 4. On March 13, 1998, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1438, Page 280, S. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 196 Lawrence Lane, Carlisle, PA 17013, 6, The mortgage is in default because monthly payments of principal and interest upon said mortgage due November 1998 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest 10/01/98 through 03/12/99 (Plus $37.85 per diem thereafter) Attorney's Fee Cost of Suit Appraisal Fee Title Search $115,194.48 $ 7,441.78 $ $ $ s 5,759,72 225,00 125.00 200,00 GRAND TOTAL $128,945,98 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale, If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P,S. ~403) and notice required by the Emergency Mortgage Assistance Act of 1983 have been sent to Defendants by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit "B," r WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $128,945,98, together with interest at the rate of $37,85 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property, "'~~. 7!/df.L1 Attorney for Plaintiff , ~ '7s-f; C, " ~ lA' .:133~.3 l._,MORT~_A~~_1 o IF BOX IS CIIIlCKIlO, TillS MORTGAla! IS AN OI'UN.UNO MORTCJAGIJ ANIJ SI!CUIUlS I'UTURU ADVANCI!S THIS MORTGAGBis made this 13nt day 01 MARCH 19 ~. between the Mortsasor, FRED 0 CARBAUGH JUDY B CARBAuc;ii (herein "Borrower"), and Mortgagee ~~j;\(iUiRi:iiAlic~a:ONSlR.4ER DISCOUNT COMPANY , a corporation organized and exiating urllRrI'ffilll~SYL VAN I A ,whose addreas Is 26 GATEWAY DRIVE, GATEWAY SOUARE/SlJITE 101, MECHANICSDURG, PA 11066 (herein "Lender"), The foUowins parasuph preceded by a cbecked box is Ippliclble, m WHEREAS, Borrower i. indebted to Lender in the principal .um 01 $ 116,194, 4B , CVia'enced by Borrower's Loan Repayment and Security Agreement or Sccondai'y Mortgage Loan Agreement dated MARCH 13, 199B and any extensions or renewal. thcreol (herein "Note"), providing for monthly installments of prinCIpal and interest, including any adjustments to the amount 01 payments or the contract ute il that rate is varisble, with the balance 01 tho indebtedness, il not sooner paid, due and payable on MARCH 13, 202B o WHEREAS, Borrower is indebted to Lender in the principal Rum 01 $ , or so much thereol as may be advanced pursuant to Borrower's Revolving Loan Agreement dated and extensions and renewals thereol (herein "Notc'), providing lor monthly installments, and intcrcsl at the rate and under the terms specilied in the Note, including any adjustments in the interest rate ilthat rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance 01 $ TO SECURE to Lender the repayment 01 (1) the indebtedness evidenced by the Note, with interest thereon, including any increases ilthe contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment 01 all other sums, with interest thereon, advanced in accor&nce herewith to protect the security 01 this Mortgage; and (4) the performance 01 the covenanlS and agreemcnts 0/ Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors snd assigns the lollowing described property oj located in the County 01 CUMBERLAND Commonwealth of Pennsyl vanis: AI J thet certain property situated In the township of West Pennsboro In the county of Cumberl~nd and Commonwo~lth of Pennsylv8nl8, being more fully described In ~ fee sImple deed deted 0312611996 end recorded 0312B/1996, among the lend records of the county ~nd state set forth above, In Volume 136 Page 764, lex Parcel 10: 46-D8-D581-014A . t.O . CO ::3 = "'" l-' ..... ~- :; ~y~!;~ .,- 0::1 ~ p\_1 o :.:; :~.: 0.':;'"... o -, :c: o'~ .~ ~!: ...-; c ~j I (fl' .~ ;r;: -EXHI B ITUPt -u 3 I-' N .c:..:> CO .. " ~ ". " ,. ".' \. '.. \' ...,. ,-.... ,... ,......:. :;,';: ' ,', 07~21-97 Mort9'ge PA .Dood.438r~GE i280 pJ.\Ocn", OHIGINAL ..1W:: 'lm~~lnhi~~I~'IID~I~IIOOlmlllumlll'~lllmmnIllUIIU -2- TOGETHER with all the improvement. """ or 1",1..rt.. om:led on Ihe property, ~nd .11 "&cm~"Iu, ~ight" appurtenane"" and renl", ftll of which th,1I \", deemed III he and re",.i" . p.rt of the property covered by'thift Mortgage: and all of Ihe fureguing, lo~.Iher with r.aid property (or Ihe I....hold ealate if this Mortgage i. on a leasehold) are hereinafter referred to as the .Pror"'rty: , ,. Borrower cOvenanw that !Jorrower is lawfully vei.cd of the ..tate hereby conveyed and has the right to mortgage, grant and convey tho Propert)', and t""t the p'operty i3 unencumbered, ueept for encumbrances of record, Borrower co~cit8ii1s ihat Borrower warranlD and will dc!elld generally the title to the Property againet all claims and demands, .. SUb!cc'ltO.',cncuiribranccs' of r<<ord, ., . ;' 'UNIFORM COVENANTS, Dorrower and Lender covenant and agree an C"llows: I, Paymcnt of Principal and Inlcrest al Variable Rates, This mortg.ge secures sll paymenw of principal snd inlerest due on s variable rate loan, The contract rale of interest and payment amoun13 may be subject to change as provided in the Note, Horrowers chall promptly pay when due all amounts required by the Note, 2. Funds Cor Tales and Insurance, Subjoctto applicable law or waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payab:e under the Note, until the Note is paid in full, a sum (herein .Punds") equal to one'we!rth of the yearly tales and assessments (including condominium and planned unit development assessments, if sny) which may attain priority oVer this Mortgage snd ground rents on the Property, if any. plus one-twelhh of yearly premium installments for hazard insurance, plus one1wel!th of yearly premium " installments-for,mortgaze insurance,Jf,any, ,~l! AS r~""bly ~imated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereal, Borrower sh.1l not be obligated to 'make. such payments of Funds to Lender to the eltent that Borrower malcea such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or Guaranteed by a Federal or stale agency (including Lender if Lender is su<:h an institution). Lender shall spply the Funds to 'pay said tales, assessments, insurance l'remiums and ground rents. Lender may not charge for so holding: and applying'the Funds, analyzing said account or verifying and Compiling said IISSCS8ments and 'bills, unless Lender pays Borrower interest on the Funds and applicable law, permits Lender to make such a charge, Borrower and l.!:I1d,er ,m~y agree in writing at the time of elecution of this Mortgage that' interest on the Funds .shall be paid to llOrrbwer, and unless suchagrccment is made Or applicable.law requires su<:h interest to, be paid, Lender shall not .be r.;quiiiidi? iia/:ilorrower' any !nterest or earnings on' ~e Funds; Lender.shall give to Borrower, without charge, an, annual.crountin): of the Funds sho\,!ingcredits and, debits to the Funds and the purpose for whieheach,debit,to,the Funds was made; The Funds arc pledged as additioWlI security for the sums secured by this Mortgage" . If the amount 'oC the Funds held by' Lender, togellitr with the future monthly installments of Funds'payable prior to. the due dates of taxes; ..':scssments, insurance premiums and ground rents, shall elceed the amount required to pay'said taxes, asseSsments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments oC Funds, If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessment_, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amOUnt necessary to make up the deficiency in one or more payments as Lender may req::ire. Upon payment in full of all sums secured by this Mortga.c, Lender shall promptly relund to Borrower any funds held by Lender"lf under paragraph 17 hereoC the Property is sold or the Property is otherwise acquired by Lender, ' '.Lcnd;'r shail:'apply;'no'laterthan 'immediately prior to,!he sale of the Property odt.s acquisitj,o!,. by l,c,nd~r,a,ny .Funds held by Lender at the time of application as a credit against the sllms secured by this Mortgage, ' 3. Application of Payments, Except Cor loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lend"r under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest, and then to the principal. 4. Prior Mortgages and Deed of Trust; Charges; Liens, Harrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payment!: when due. Borrolo'er shall pay or. cause to be paid aU, taxes, assessments and 'other charges, fines and impositions attributable to the Property which may attain a priority over this Morlgage, and leaschold'paymenw or ground rents, if any, ' . .5; Hazard)nsurancc, Borrnwer shall k"'1> the improvements now existing or herealter erected on the' Property . j.~.s~.r~ ag.~i~fit Io..<;s by fire, hazard'i ,included wi.thin the term "extended cove:rage," and such other hazards as Lender .. may reqUJrc. . . Tile .insuri:ince carrier providIng the insurance shall be chosen by the Borrower suhject to approval by Lender; provided, that such approval shail not be unreasonably withheld. All insuraoce policies and renewals thereof shall be in a form ac("~;)table tn J.I.~nd~r andrf~~V~\1 iQ~I.u.de:.3;.st;andat:'d mortgage clause in favnf ('~ hnd in Jt form acceptable to Lender. I.'("1!der shali have the right to'hola the: 'polh:ies'.and renewals therr.::::of. suojt."Ct to the tt:rrns of any mortgage, deed of tru....! or otile:- f:~curity l1grccment with a lien T,..,hich has priority Over this J"fort~i1gc. 07-21-97 Mort~.g. ,'A ';;'" :,i,.; ',' ' . . .BOOd438m~ a8t PA001242 CHIt INt... IIUlI~ II ~mlll~~II~1 !IIIIIII~ ~~III~llmn milIa 1m 100 11118 ~~ " -J. !n the hent nr Iwe:, Borrower ,h,1I give prompt notice 10 th. in,,,,.,,,. r,mi.r .nd Londer. Lerrder may make prool or 1_ il nol m.,le I'lOmplly by lIorrower, If the ProperlY i. abandoned by Borrower, or il lIorrower lail. In re::polld 10 Lender Wilhill 30 day. Irom the d.le notieo is mailed by Lender to Ilorrower Ihatlhe insurance carrier oUem to IlCllle . claim lor iosunn:e bellelils, Lender ia aothorized to oollect and apply lho Illlloranee proceed. all..cnder'" oplioll eilher 10 r..lonlion or rep.ir 01 the ProperlY or to ,tho auma lII:C\lred by Ihi. Mortgage, 6, Preservition and Malnlenallce 01 Property; Leueholds; Condominioms; Plaoned, Unit Developments, Ilorrower ohall keep the Property in good repair and ""ollllot commit waste or permil impairmenl or delet:ioration 01 Ihe Property and .hlll comply with the prnvitions 01 any lUGe ir this Mortgage is on a leasehold, IIthi. Mortgage is on a unit in A condominiom or a planned unit development, Borrower nhall perlorm .all or Borrower'. obligations under tho declaration or covenants crOll ling or governing tho eondominiom or plannod unit dovelopment, Ihe by-laws and regulations 01 lh. condominium or plannod unit development, snd constituent doc:umenls, 7, Prolecllon 01 Lender', Security. If Ilorrower fails to perlorm the covenanls and agreements contained in this Mortcace, or if Iny action or proc;eccling i. commenced which materially afleets Lender's interest in th. Property, then Lender, at Lender's oplion, upon notice to Borrower, may make such appesrances, dioburse ouch sums, Including reasonabte allomeys' ICC8, and talc. such action as is necessary to protect Lender's interest. Any amoonl.. disbursed by Lender pursuanl to this paragraph 7, with interest thereon, al the contract rale, shall become addi,tiona1. indebtodllCSS 01 Borrower secured by this Mortgag., Unless !Jorrower",and Lender agree, te;> other term's 01 'payment,such'omoon18 shall be payabl. upon notic. Irom Lender to Borrower requesting payment thereof, NOlhing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder, '8, Inspection, Lender moy take or cause to be mad. reasonable entries upon and inspections of the Property, provided that Lend.r shall give Borrower nOlic. prior 10 any soch inspection specilying reasonable cause therelor related to Lend.r's int.rest in Ihe Property, 9. Condenmotion, Th. proceeds 01 any award or claim lor damages, direct or consequentisl, in conneet,ion wilpany condemnation or oth.r taking of th. ProperlY, or part thereof, or lor conv.yance in lieu 01 condemnation; are her.by assigned snd shall be paid to Lend.r, sub~t to the .term. 01 any morlgage, dcedol trost or other security o~m.nt with ..'lien which has priorily over'this Mortgag.. ' ," ' .. , ." ' " . . , . . ' . . -'IO/Borrower ,Not Releas.d;Forbearance By Lender, Not a Waiver, Extension of the time lor 'paym.ent or modilicatiOli' of amortization. 01 ,the' sums secured 'by,this Mortgage granted by Lender to any oUcCesSor in interest of . Borrower 'sliaU:oot operate 10 release, in any mAM.r, the liability 01 the original Borrower and 'Bo,rrower's. su~c,essors in interest. Lerider'shall not be required to, comm.ncc 'proc:cedings against such suecessor or r.luse tci:eitend time' Cor . : p;;ym.ilt"or olherwise modily' amortizalion of Ih. sums secured by Ilus Mortgage by r.ason 01 any demand mad. by th. 'o~iginal Borrower and Ilorrower's successors in inlerest, Any lorbearanc. by Lend.r in .xercising .ny right or r.medy her.under, or olherwis. afCorded by applicable law, shall not be a waiver 01 or preclude the exercise 01 any such right or renledy, II. Successors and Assigns Bound; Joint aDd Several Liability; Co.signers, The covenants and agreements herein containod shall bind, and the rights her.under shall inure to, the respective soccessors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. AlJ covenants and agreements of Borrower shall be joint and sev.ral. Any Borrower who co'signs this Mortgage, but'does not execute the Note, (a) is co.signing this Murtgage only to mort~ag', granl and convey that Ilorrow.r's interest in the Properly to L.nd.r under the terms, '01 this Moi'lgage, (b) is not personally liable on the Not. or ,und.rthis Mortgag., and (c) agrees thaI Lend.r and .sny 'olher Borrower her.ond.r may agree 10 <xt.nd, modify, lorbear, or make any olher accommodations wilh regard to th. terms of this Mortgag. or the Note without that Ilorrower's consent and withoul releasing that Borrower or modilying this Mortt:Jge as to that Borrower's Interest in the Property, 12, Notice, Except for sny notice reqoired under applicabl. law to be giv.n in another manner, (a) any notic. to Borrower provided for in this Morlgage shall be given by dclivering it or by mailing such notice by c.rtified mail addressed to Borrower at the Property Address or at such other address as Borrow.r may designate by notice to Lender' as provided herein, and (b) any notic. to Lender shall be given by certilied mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided hcrcin, Any noticc provided Cor in Ihis Mortgage shall be 'deemed to have been given to Borrower or Lender when given in th. ",anner designated herein, t3. Governing Law; Sevcrability. The slato and local laws applicable to this Mortgage shall be the' 'laws 01 th. jurisdiction ili which Ihe Property is located, Tire, foregoing 60ntence shall not Ii mil tire "pplicability'of Federal law to this Mortgage, In the event that any provisio~ or clause of this Mortgage or the Note conflicts withapplieable law" such conflict shall not aflect other provisions of this Mortgag. or the Note which can be given eflect withoullhc.'confhcting provision, and to this end the provision" of this Mortgage and the Note arc declared to be severablc,':A,s used herein, "costs,"' "expenses" and "attorneys' fees", includ. all sums If) the extent, not prohibiled by 'applicable law or. Iimiled herein. '14. !lorrow","s Copy, Borrower shall be furnished a conformed copy of the Note and of this Mortg~ge at the tim. of e,ecut'on or af",r rccor~ti~!, he!;:-;\~f"'~"" " ' Bood438PAG[ .282 01-21-97 "'"'''' f''-, OR~j~ll'" '. "'. ,111~~I~mlll[~'IIU:IliMli~I\IIIII~~lllllIInIIIMm[lllilll~~mllII PM012<3 . . "".,.: ,,,'.."'..J"'~_.I'....,.__r<;.., .........., .'-__,.......,........'.._~.......,,'. ......M.........._""'......;. l.""~t~.....~, ...... -4. IS, R.habilllalion I.o.n Acrecmenl. Borrower _h.1I 1"llill all 01 Ilorrowcr'. ohllGalillM 'IIIder-any homo rehabilitation. improvement, rep"ir, or ot!l('r 10:l.n agreement whi..:h Horhiwtr enter,. into with Lender, Lender. at Lender's option, mllY require Borrower tu ~xecuttl and deliver 10 l..entJrr, in I form Icupable to Lender, an aaoignmcnt of .ny rights, claim. or defcnllC8 which Borrower may h.vo aGaiocI parti.., who lupp1y labor, mal.ri.l. or IlCrviCC3 In cOMerclion Wilh improvements made 10 Ihe Property, 16; Transfer of lh. Properly. If Ilorrower sell. or Iran.fer. .11 or .ny part of Iho Properl)' or an inler..1 therein, excluding (a) Iho crealion of a lien or encumbrance sUbordinale 10 Ihis Morlg.ge, (h) 0 Ir.""fer by dovise, descenl, or by "peralion 01 law upon the deuth 01 . joinllenant, (c) lhe grant of any ItlollChold inlUest of Ihroc years or less nOI cootaining an oplion 10 purd",." (d) tho creation "I . purdlaLc money securily inlerost for hnusehold applisnces, (c) . transler' 10' relalive resulling Irom .Ihe death 01 . Borrower, (I) a lranslcr where Iho spouse or children of lhe Borrower become an OWner 01 lho property, Cg) a lransler resultins lrom a deeree of di=lution 01 marriage, legal ooparation agreement, or lrom an incidental property selllcmenl .greement, by which Iho spouse of tho Borrower becomes an owner of lhe properly, (h) a transfer into an inter viv"" lrusl in which the Borrower is and remains a beneficiary and which dOCD not relolo to a transler of righ~; 01 occupancy in tho property, or (i) .ny other transfer or disposition described in regulatiollS prescribed by the Federal Homo Loan &ok Board, Borrower shall cause to be submitted informalion required by Lender to evaluate tho lransleree III if a new loan were being made 10 the transferee, Borrower will continue 10 be obligated under Ihe NOle and this Mortgage unless Lender releases Borro,wer iq !yriting, , If Lender docs nol agree to such saie or transCer, Lender may doclare all 01 Ihe soms secured by this Mortgage to be ' immedialely due and payable, If Lender exercises such option ,to accelerale, Lender sbaJl mail Borrower nOlice of acceleralion in accordance wilh paragraph 12 hereol. Such nOlice Shall provide a period of nOI 1= lhan 30 days from, the dale tho nOlice is mailed or delivered within whi9h Borrower may pay Ih. sums declared due, If Borrower fails to pay such sums prior to Ihe expiralion oC such period, lender may, "ilhoul Curlher nulice or demand On Borrower, invoke any remedies pcrmilled by paragraph 17 hereof, NON-UNIFORM COVENANTS: Borrower and lender furlher covenant and agree as follows: 17. Acceleration; Remedies, Except as provided in paragrapb 16 bereof, upon Borrower's breach of any covenant or agreement of Borrower in tbls:Mottg.ge, including,the covenanls la, pay .when due any sums - sCcurc'c!-bY- this.'Mortgage;' render' prior '10 'aecelerallonsbal1 give notice to Borrower as pxovided in " paragraph "12 'bereof 'specifying: (I) the ,breacb;- (2) ,th., action, required"to Cure sucb bre.eb:, (3) ,&-d.te,-Dot . ,Iess.tban 30.-days,from,tbe date the,n()ti,Ge i,5o maiJe,dtoJlprr.owGr, ,b,y,l'h,il<h,sueb breach must be cured;;'and (4) tbat failure to, c,ur,e. sucb breach on o.r b.lore the date specified ,in :the ,notice.- may rcsultin acceler.ation 01 tho sums secured by this Mortgage,' foreclosure by judicial proceeding, and sale CJl the Property.' Tbe . notice sball furlher inform Borrower of tbe right ,10 reinstate afler acceleration and tbe rigbt to assert in tbe foreclosure proceeding the nonexistence of a default or any other deCense or Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage 10 .be immediatoly due and payabie withoul lurther dcmaud and may loreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in sucb proceeding all expenses of foreclosure, including, but not limiled to, reasonablc atlorneys' fees and costs or documentary evidence, abstracts and title reports. . 18, Borrower's Rigbt to ,Rcinslatc, NOlwithstanding Lender's acceleralion of the sums by Ihis Mortgage due to Borrower's. breach, BOrrower ,shaU: have the,rjght, tQ lil!ve any ,proceedings, begun by Lender t.o. enlorce this Mortgage disconti'iiUedal any 'lime prior 10 enlry of a 'judgment 'enforcing itiis Mortgage if: 'Ca) Borrowerpay,d':'i1der al1"sums which would be then due under this Morlgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained, in this Mortgage: Cc) Borrower paYll,: all reasonable expenses incurred by Lender in enforcing the covenant::; nnd agreemt:nt!i ot Borrower contained in ,.this;., Mortgage, :",d in enforcing Lender's remedies as provided, in paragraph 17 hcreof, including, bUI not-limited .to:".'i'~ reasonable atlorneys' fee::;; and (d) Borrower takes such action as lender,may reasonably require to assure that the lien " oC this Mortgage, Lender's inler,,"t "in the Property and Borrower's obligation to pay thc sums secured by this Mortg~gq .:: shall continue un,impaired, Upon such paym.ent and cure ,by Borr.ower, this Mortgage and thc oblig~tio~,~~~;/ hereby shall remalD lD full force and effecl as 1f no acceleration h.d occurred, ,>,:.,;...",~~ "..' 19. Assignment of Rents; Appointment of Receiver, As addilional security hereunder, Borrower: heiebY'a~fgrlS t.o Lender the rents :of. the Property, provided'ihat Borrower shall, prior. tQ acceieration under paragraph'17',hCl'oof, in abandonmenl 01 the Property, have the right ,to collect and retain such rents as they become due and payable, ," Upon 'acceleration 'under paragraph 7' her<;of or'abandonment oC the Property: Lender shall, be ,entitled to ,have a receiver appoinled by a court t.o enter upon" take possessio" of and man~gc the Property and to colleet the rents of the Property including those past due,' AlI r"~ts'collected 'by tne receiver shall be opplicd first to payment oC the costs of management of the Property and collection of rents, including, but not limited t.o, re(',.iver'r. fee:::, premiums on n."Ceivcr's bonds Ctnd reasonabit attorney};' f::(;'~1 and then tll the SUms secured by thi!; Mortgage. The receiver shall be luthlc to account only, for .tbose rr;nt..';,;ictua!ly receLvt:d, 07-2t-97 Mortg.ge PI. ';',r.,:;" ;',"''-:. ,',' ',":0 ,eg(j~i438r,'GE 283' PA001244 (ll,;1.1N;iL I WJJIII~IIIIIIIII'IIII!II:II!I ~llim W/J ill!~11111II ~~W ~II iUll ~ 1If. ml ill U -5- . ~20, Relnse. Upon payment or all .um. oecurcd by lhi" Mnrtt>ge, t.ender sh.1I rrl..~ ,hi~ Morlg.~ without c!urge to Borrower, Borrower shall pay all costs of rccord~tion, if any, 21. W.lver of 1I0me.le.d, !lorrower hereby ....iv~ oil ritht of homestead exemption in the Propeny under ol.ue M~~ . , , 22, IDle~esl Rale Afler Judgmenl, Borrower .grees the interesl rale pay.ble .lter a judsmenlla eniered on Ihe NOlo orin .n .clilln of mong.So foreclosure .hall be,the rate stated in,lh~,Nole, , " ; , ;, ..':, ' .. .' ...'1'. . REQUEST FOR NOTICE OF. DEFAULT AND FORECLOSURE UNDER;SUPERIOR MORTGAGES OR DEEDS OF:rRUST' " Borrower and Lender requesl the holder of any morts.se, deed of trust or olher eneumbranco with a lien which has priorily over this Morlgago to give Notice to Lender,.1 Lender'o addr... sel forlhon page Olle of thia MOrlsage, or any delault under the superior eneumbranco and of any sale or other foreclosure action, , .' '1d[),C;~ FRED"D CARBAUGH -Borrow., ........ -Borrowor I hereby ~erlifythat the precise a.ddress of the Lender (M?rlgagrie):is: :'H.O:II!;~HO,I 0 I'TNANCF . , . . .. . .'. .. . . . . . " '.,' 25 'GATFWAY, ORTVF "MFr.'HANj'r.'!iRIIRr.': PA ',17'110;0;:' ,. "'.' . .On behalrof,theLender;By: , ."MATT "HERMAN,. ". :'.',::.,,' ,:' .. ,,,Tille: BRANCH ";tANAGER COMMONWEALTH'OFPENNSYLVANIA; ',;' (A,;.~,Iq,>V:!., " .: Coun\Yss:.."',. . , . \. . , I,' 'ANNE 'A STAFFORD ,0 NotarY Public iri and for said county and statc, do hereby ccrlifythat FRED 0 CARBAUGH & JUDY B CARBAUGH personally lenown to me to be Ihe same person(s) whose name(.) 'are subscribed to the foregoing instrument, appured before me Ihis day in person. and acknowledge that _th<;,~ signed and delivered the said instrumenl as . the ir free voluntary acI, for the uses and purpoo;es therein sel forth. Given under my hand and official seal, this My. Commi~on ekpires: . 13th day of MARCH ,19.llB.... '~~.t? ~ Notary, he NOTAR,IAL SEAL ANlIe A, STAFFORD PA 'COMMISSiOnER OF DeEDS MY COMMISSion EXPIRES APRil 02, 2001 JhiS inslrumenl was prepared by: ~I!~~ , HOUSEHOLD FINANCE CORPORATlO~ . .25 Gateway Drive, Suite 107 . ' . ~cmlCSburg,pb..ld1.;r055 ' ._, .. .;.. .1,. (Space Below This Lint:! ReliervedFor Le.~do; end Recorder) .. ..,. .... Return To:, ".. , , HouSehold Firiance Corporation. 577 Lamont Road Blmhu"", II. 60126 ...,':/;, . j. ..':.. .... 07-21-97 Mortgege PA . .BOOK1438 r~E284:, ORIGINAL , I~~ 1m ~I~ ImmOOIIl~~~~1 ~I i~1 ~~llimmHumm~IIUllm~~ ':. ." ".'. . . -_.~."....-.,~..". ~,........... .~. . ~ -~ _." ., ,,, .~.j....... ."..~.."_. . . . -............-~ The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet, It is only necessary to schedule one face-to-face meeting, You should advise this lender immediately of your intentions, Your mort9aa~ is in default because you have failed to pay promptly installments of princioal and interest, as required, for a period of at least sixty (60) days, The total amount of the delinquency is $3553,60, That sum includes the following: principal and interest, Your mortgage is also in default for the fOllowing reasons: N/A, If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund, In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment, An application for assistance may only be obtained from a consumer credit counseling agency, The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application mus;:: f~;.:~ ~~ postmarked, within thirty (30) days of vour face-t - c~ in It is extremely important that you file your application promptly, If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home inunediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the agency under the eligibility criteria established by the Act, It is extremely important that your ao~lication is accurate and comolete in every respect, The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application, During that additional time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, HarriSburg, Pennsylvania 17105; telephone number (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869, In addition you may receive another notice from this lender under Act 6 of 1974, That notice is called a "Notice of Intention to Foreclose," You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you TERRF.NCEJ,McCADE I.AWOmns McCABE, WEISBERG & CONWAY, P.C. SUITI; lOIO FIR.H UNION DUllI>lNO III SOUTII OROAD STREET PIIII.ADI'I.PIIIA. PENNSYI,VANIA 19109 IlIll79O.1010 FAX Illl) 790.ll74 SUITE 600 ll611ADllON AVENUE WESTMONl', NIOIIOI (609) 111-7010 "AX (609) 851.70l0 SUITE 1211 lOO FIFTIl A VENUE NEW YORK, NY 10110 (2Il) m.IOIO FAX (212) m.2l37 January 26, 1999 Fred D, Carbaugh 196 Lawrence Lanes Carlisle, PA 17013 NOTICE OF INTENTION TO FORECLOSE MORTGAGE PLEASE READ ALL OF THIS NOTICE LENDER: Household Finance Corporation ACCOUNT NUMBER: 713303 - 00 - 965131 REAL ESTATE: 196 Lawrence Lanes, Carlisle, PA 17013 Dear Fred D, Carbaugh: The MORTGAGE held by Household Finance Corporation (hereinafter we, us or ours) on your property located at 196 Lawrence Lanes, Carlisle, PA 17013 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $1184.40 for the months of November, 1998 through January, 1999, and/or because of this failure to remit, Late charges, and other charges have also accrued to this date in the amount of $N/A, The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter is $3553,60, You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $3553,60 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 to Household Finance Corporation 961 Weigel Drive Elmhurst, IL 60126 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, I have been instructed 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, Once this matter is referred to me for suit, but you cure the default before I begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $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, which may also include 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 requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's Sale could be held would be approximately 5 months, 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 the following number: 1 (800) 846 - 7510, Ext. 7767. 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 payoff the mortgage debt, or to borrow money from another lending institution to payoff this debt. (You may have the right to sell or transfer the property subject to the mortgage to a buyer Tl!RRENCE I McCAIII! I.A W OITICr:S McCABE, WEISBERG & CONWAY, P.C. SUITE 2010 fiRST UNION IllJll.lllNO 12l SOUTII nROAIl STRI:I:T PIIll,AIlEI.PIIIA, PI:NNSYI.VANIA 19109 (2Il) 79{).1010 fA" (21l) 790.1274 SUITE 600 21611AIllXlN AVI!NUP. WESTMONT. NI 01101 (609) 1lI.7010 .'A" (609) IlI.mO SUITE l22l loo flFTII A VENUE NEW YOR~. NY 10110 (212)m.1010 FAX (212) "'.2'l7 January 26, 1999 Judy B. Carbaugh 196 Lawrence Lanes Carlisle, PA 17013 ACT 91 NOTICE TAKE 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 NOTICE TO FIND OUT HOW THE PROGRAM WORKS, If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397. La notificacion en adjunto es de suma importancia, pues afecta au derecho a continuar viviendo en su caaa, Si no comprende el contenido de esta notificacion obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba, Puedes ser elegible para un prestamo par el programa llamado "Homeowner' a Emergency Mortgage Assistance Program" el cual puede salvar au caaa de la perdida del derecho a redimir su hipoteca, IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM 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 TO: FROM: RE: Judy B. Carbaugh Terrence J, McCabe, Esquire Premises: 196 Lawrence Lanes, Carlisle, PA 17013 Account Number: 713303 - 00 - 965131 You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"), You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency, Please read all of this Notice, It contains an explanation of Your rights, Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next (30) days, If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting, The name, address and telephone number of the Household Finance Corporation representative is as follows: T. Johnson Household Finance Corporation 961 Weigel Drive Elmhurst, IL 60126 1 (800) 846 - 7510, Ext, 7767 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet, It is only necessary to schedule one face-to-face meeting, You should advise this lender immediately of your intentions, Your mortaage is in 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 $3553.60. That sum includes the following: principal and interest. Your mortgage is also in default for the following reasons: N/A, If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment, An application for assistance may only be obtained from a consumer credit counseling agency, The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency, Your Appl ication must he filed or postmarked, within thirty (30\ days of your face-to-face meeting, It is extremely important that you file your application promptly, If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately, Available funds for emergency mortgage assistance are very limited. They will be disbursed by the agency under the eligibility criteria established by the Act. It is extremely imoortant that your application is Accurate and comolete in everY resoect, The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above, You will be notified directly by that Agency of its decision on your application, The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105; telephone number (717) 780-3800 or 1-800-342-2397 (toll free number), Persons with impaired hearing can call (717) 780-1869, In addition you may receive another notice from this lender under Act 6 of 1974, That notice is called a "Notice of Intention to Foreclose," You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you TERRENCE J, McCAIII: I.AW OffiCES McCABE, WEISBERG & CONWAY, P.C. SUITI: 2010 fiRST UNION DUII.DINO 12) SOUTII DROAD STREET PIIII,AI>E1,PIIIA. PI!NNSVLVANIA 19109 (215) 790.1010 FAX (21l)790.ll74 SUITE 600 21611ADOON AVENUE WESTMONT, NJ 01101 (609) 1l1.7010 FAX (609) 15I.70l0 SUITE SllS 500 flFTII AVENUE NEW YORK, NV 10110 (lI2) 575.1010 FAX (2Il) 575.2537 January 26, 1999 Judy B. Carbaugh 196 Lawrence Lanes Carlisle, PA 17013 NOT~CE OP INTENTION TO PORECLOSE MORTGAGE PLEA8E READ ALL OF THIS NOTICE LENDER: Household Finance Corporation ACCOUNT NUMBER: 713303 - 00 - 965131 REAL ESTATE: 196 Lawrence Lanes, Carlisle, PA 17013 Dear Judy B, Carbaugh: The MORTGAGE held by Household Finance Corporation (hereinafter we, us or ours) on your property located at 196 Lawrence Lanes, Carlisle, PA 17013 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $1184.40 for the months of November, 1998 through January, 1999, and/or because of this failure to remit, Late charges, and other charges have also accrued to this date in the amount of $N/A, The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter is $3553,60, You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $3553,60 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 to Household Finance Corporation 961 Weigel Drive Elmhurst, IL 60126 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, I have been instructed 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, Once this matter is referred to me for suit, but you cure the default before I begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $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, which may also include 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 requirements under the mortgage), It is estimated that the earliest date that such a Sheriff's Sale could be held would be approximately 5 months. 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 the following number: 1 (800) 846 - 7510, Ext. 7767. 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 payoff the mortgage debt, or to borrow money from another lending institution to payoff this debt. (You may have the right to sell or transfer the property subject to the mortgage to a buyer . , SHERIFF'S RETURN - REGULAR CASE NO: 1999-02151 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS, CARBAUGH FRED D ET AL ROBERT FINK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon CARBAUGH FRED D the defendant, at 15:20 HOURS, on the 14th day of April 1999 at 196 LAWRENCE LANE CARLISLE, PA 17013 ,CUMBERLAND County, Pennsylvania, by handing to FRED CARBAUGH a true and attested copy of the NOTICE AND COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So a?~~~ K. !homas K!ine, ~herlfr 18,00 3.72 ,00 8,00 $'<:1, 1'< MCCABEi WEISBERG & CONWAY 04/15/ 999 by ~~d~-C- Sworn and subscribed to before me this {11-:J~ day of -/J-pv-i ( 19 C;1 A.D. ~