HomeMy WebLinkAbout03-3616McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Household Finance Consumer Discount
Company
P.O. Box 8604
Elmhurst, IL 60126
V.
John A. Rowles
339 Garland Drive
Carlisle, PA 17013
and
Kathryn M. Rowles
339 Garland Drive
Carlisle, PA 17013
Attorney for Plaintiff
CUMBERLAND County
Court of Common Pleas
Number 03- 3616
CIVIL ACTION/MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish
to defend against the claims set forth in
the following pages, you must take action
within twenty (20) days after this
complaint and notice are served, by
entering a written appearance personally or
by attorney and filing in writing with the
court your defenses or objections to the
claims set forth against you. You are
warned that if you fail to do so the case
may proceed without you and a judgment may
be entered against you by the court without
further notice for any money claimed in the
complaint or for any other claim or relief
requested by the plaintiff. You may lose
money or property or other rights important
to you.
C?H-j 74-, '
AVISO
Le han demandado a usted en Is Corte. Si
usted quiere defenderse de estas demandas
ex-puestas en las paginas siguientes, usted
tiene veinte (20) dias de plazo al partir
de la fecha de la demands y Is
notificacion. Hace falta asentar una
comparencia escrita o en persona o con un
abogado y entregar a la Corte en forma
escrita sus defensas o sus objeciones a las
demandas en contra de su persona. Sea
avisado que si usted no as defiende, la
Corte tomara medidas y puede continuar la
demands en contra suya sin previo aviso o
notificacion. Ademas, la Corte puede
decidir a favor del demandante y requiere
que usted cumpla con todas las provisions
de esta demands. Usted puede perder dinero
o sus propiedades u otros derechos
importantes pars usted.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER
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
800-990-9108
LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO
TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICO, VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA, 17013
800-990-9108
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Household Finance Consumer
Discount Company
P.O. Box 8604
Elmhurst, IL 60126
V.
John A. Rowles
339 Garland Drive
Carlisle, PA 17013
and
Attorney for Plaintiff
CUMBERLAND County
Court of Common Pleas
Number 03 - 3 (,1 C. C-l'a --T'
Kathryn M. Rowles
339 Garland Drive
Carlisle, PA 17013
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 John A. Rowles, who is one of the mortgagors and real owners of
the mortgaged property hereinafter described, and his last-known address is 339 Garland Drive,
Carlisle, PA 17013
3. The Defendant is Kathryn M. Rowles, who is one of the mortgagors and real owners
of the mortgaged property hereinafter described, and her last-known address is 339 Garland Drive,
Carlisle, PA 17013.
4. On 01/27/1998, 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 Book1429, Page 7.
5. The premises subject to said mortgage is described in the mortgage attached as
Exhibit "A" and is known as 339 Garland Drive, Carlisle, PA 17013.
6. The mortgage is in default because monthly payments of principal and interest upon
said mortgage due 02/27/2003 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.
The following amounts are due on the mortgage:
Principal Balance $ 152,123.44
Interest 01/27/2003 through 07/15/2003 $ 24,013.38
(Plus $ 50.66 per diem thereafter)
Attorney's Fee $ 7,606.17
Cost of Suit $ 225.00
Appraisal Fee $ 125.00
Title Search $ 200.00
GRAND TOTAL $ 184,292.99
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 Sheriffs 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 as amended under 12 PA Code
Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to
Defendants by regular mail with certificate of mailing.
WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of
$184,292.99, together with interest at the rate of $50.66 per diem and other costs and charges
collectible under the mortgage and for the foreclosure and sale of the mortgaged property.
VI?JNCE J. McCABE, ESQUIRE
Attorney for Plaintiff
VERIFICATION
The undersigned, Mark Swiatek, hereby certifies that she is
the Foreclosure Specialist of the Plaintiff in the within action,
AV0,-49Zd) ?LNAN?? 60(J5L)InA4 off .?7f nr.-X7kUy , and that
he is authorized to make this verification and that the foregoing
facts are true and correct to the best of her knowledge,
information and belief and further states that false statements
herein are made subject to the penalties of 18 PA.C.S. §4904
relating to unsworn falsification to authorities.
?, ?- , J" a G
Mark Swiatek
4
MAY 30 2003 9:52 RM FR HOUSEHOLD 800 749 5538 TO 912157901274 P.04
5 I MORTGAGE
a 13304
• Flip Eox"CHECKED, THIS M033LTGAGE IS AN OPEN-END MORTGAOB AND SECURM PUTUAB ADVANCfiS.
THIS MORTGAGE is made this 27TH day of JANUARY 19 98 between the Mortgagor,
JOHN A ROWLES AND KATHRYN M OWLES HUSBAND AND WIFE
6. 43
(herein "Borrower"), and r W9 COfifl
Mortgagee USEHOLO' F CONSUMER R DISCOUNT COMPANY
a corporation organized and existing under the laws of PENNSYLVANIA whose address. is
5105-H JONESTOWN RD, COLONIA4 COWONS, HARRISBURG, PA 17112
(herein `Lender"). I
The following paragraph precedod by a checked box is applicable. "
X Wf?$REAS, Borrower is in?ebted to Lender in the principal surttof S 154, 749.64 `• `• ,, ,
evr red by Borrower's Loan TLepayyment and Security. Agteernent or Secondary 1?(ortgage i can Agreement dated
JANUARY 27, 1998. and any e>t?tcions or renewals thereof (heroin'"Note".),.providing:for monthly isls-tallmeats
of principal and interest, including any. adjustments to the amount of payments or`the contract rate it''that tau is
vatxabta, with the balance of the indeb-ednees, )f not sooner paid, due and payable on JANUARY 27 , 2028
Q WMMW, Borrower is in.,ebted to Lender in the principal sum of S , or so much thereof
as may be advanced pursuant to Borrower's Revolving Loan, Agreement dated sn3
extensions and renewals thereof (herein providing for monthly installments, and interest at the rate and under
the. terms specified in the Note, incl "' ing any adjustments in the interest rate if that rate is variable, and providing for a
credit limit stated in the principal above and an initial advance of $ ;
TO SECURE to Leader t repayment of (1) the indebtedness evidenced by the Note, with interest thereo%
including any increases if the contraa rate is variable; (2) future advances under, any Revolving -Loan Agreement; (3) the
payment of all other. sums, with is xrest thereon, advanced in accordance herewith to protect the security of this
Mortgage: and (4) the performance of the coveoamS and- agreements of Borrower herein contained. Borrower does
hereby: mortgage, grant and convey ro Lender and Lender's successors and assigns the following described pfoperty
located'in the County of CUMBERLAt D Commonwealth
of Pennsylvania
ALL THAT CERTIAN PFOPERTY SITUATED IN THE BOROUGH OF
CARLISLE, 3RD WARD IN THE COUNTY OF CUMBERLAND AND
COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN
A FEE SIMPLE DEED CATED. 05/0011994 AND RECORDED 05/11/1994
AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH
ABOVE, IN VOLUME 1C5 PAGE 247.
TAX PARCEL 10: 04-22-0461-190
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ORIGIM
MHY J16 6170;3 9:52 RM FR HOUSEHOLD 800 749 5538 TO 912157901274 P.05
-2-
TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights,
appurtenances and rents, all of which shall be downed. to be and remain a part of the property oAvered- by this
Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage •is •bn a
leasehold) are hereinafter referred to as ft "Property,"
Borrower covenants that Borrower is lawfully sdsed of the estate hereby Guaveyed and has the right tomortgage,
grant and convey the Property, and that ihe.property is unew. umbered,,ezwpt.for encumbrances of record Borrower
covensnts that Borrower warrant's and vAllAefend generally the title to the Property against:ait claims and demands,
subject to ancumbcu}ces of regd.. .
L7NIPORM,COVl3NANTS. B6TQwer. wad Lender, covemnt,and;agree e.s,.follows:., . .
1 Faysnentd£.,l riucipal ,iW4. of twa4;?t. Variable ?tatep:. Thug mortgage :secures, all .payMenta, d principal and
',igterest: on. 1?.yaiiable4_atq„toan._Th coatract:rate.' interest and,rpayment,amounts•anay.::bp:subject:td?change as
provided is this Noie. Borrowers. hall' Pr?rnptlp paq-when due all;;gn% is r.eq ed by the Note
2. Funds `for fazes and;Iaaursaca rbject:to.applicsble Iaw or-.Waiverby Lender, Borrower shat):psy':to.Leader
on the day, monthly, payments of priaci nat. and Interest 'are payable under Ahe Note, until. the Note is paid in full, a
sum (herein ".Funds") equal. to one-twezhh of the yearly tares.and asessments.(including.condominium:and planned
unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property,
if any, plus one-twelfth of. yearly premium installments fair hazard insurance, plus oawtwelfth of yearly premium
installments for mortgage insurance, if. any, all as:reasonably estimated. initially wad from time to time by Lender on
the basis of awasaunents and .bills and reasonable estimates, thereof. Borrower shall not be obligated to make such
payments of funds to Lender to the earent that Borrower makes sueh,payments to the holder of a prior mortgage or
deed•oi trUat£Such<holdeF.istsn.it%s[iliq?al.tsadet.;, ...:..,? „'.
If Borrower pays Funds to Leader, tie Funds shall be held in an institution Ehw deposits or acooWi of W'hicli are
insured or guaranteed by a Federal Or state agency (Including,Lenderif Lender is such an institution). Lender shall
apply the Funds to pay said taxes, assessments, insurance premiums sort ground rents. Lender may not charge for so
holding and applying the Funds, anaiytdng said account or verifying and compiling said assessments and bills, unless
Lender pays. Borrower interest on the'Punds and applicable law-permits Lender to make such a charge. Borrower and
Lender may agree in writing. at the tune of execution of this:.Mortgaga tbst interest on. the Funds shall be paid to
Borrower, and unless such agreement is (made or applicable law requires such, interest to be paid, Lender shall not bor
a , rtquired..to pay Borrower any interest k.:,owning v- on,. the Fim4 - Landog-slrall • give ..to Borrower_ without. itw an
;r
.
Ago usl:ar.couung of the Funds sho oredits.ar?d.debits to the-Funds;and:thcpiarpose:for:which: each debit to the
Rinds was,maae .Tbs. Funds . pled .' additional security jor,th4 g mts,aaequriwd;bY this Mortgage . ::....:..
".if zhe" oxintgCthe.Eunde,held,by L ceder. JpWther.with the future:mgltthly;installments' Funds.payableprior to
the dux :dates of taxes assessments, premiums and ground r ents;.shall, exceed the amount zequired,to;pay said
tsxes,'asmoments, iirsuRa;roe premiumgrovad, Tents as they.fall due, such.excess."I be; at.torrowees.option,
wither promptly repaid to Borrower. or.credited,to, Bprrower,on monthly installments of Funds.: If.the:amounr.of the
Funds held by Lender shall not lie stiff .tent to pay 'taxes, assessments, insurance premiums and ground rents as they
fall due. Borrower shall pay to Under my amount p0c y to make up the deficiency in one or more .payments as
Leader may require
Upoa payment in frill of all sums secured by this.'Mortgaga, Lender shall promptly refund to Borrower any funds
held by Lender. If under paragraph 17 hereof the Property is.sold or the Property is otherwise acquired by Lender.
Lender shall apply, no later than immediately prior to the sale of the Property os its acquisition by Lander, any Funds
hold by Leader at the time of application as a credit against the sums secured by this Mortgage.
3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer Discount Company
Actg. x11:Pa3>w tsJeceiYeda7y nda wdSa „tb?.Node.and.l>emgf3P 1 _a .2.hgreof 44I g..applieJ,.by Leflder first .in
_
payment of amounts payable to Lender by Borrower under paragrap'b 2 hereof, then to interest, and then to the
principal.
4. Prior Mortgages and Deed of rust; Charges; Liens. Borrower shall perform all of Borrower's obligations
tinder any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage,
including Borrower's covenants to make payments ;when due. Borrower shall pay or cause to be paid all taxes,.
assessments sad other charges, fines aac'impositions attributable to the-Property which may attain a priority over this
Mortgage, mad leasehold payments or ground rents, if any.
5. Hazard Insurance. Borrower "I keep. the iinprovements now, t4isting or hereafter erected on. the Property
insured against loss by fire, hazards inauded within the term "extended' coverage," and such. other hazards'as Lender
may, require... ... ,
•.'lbe.insurance. carrier,.providing .•the,,insurance, shall be chosen'by:the•Boirower subject-to.-approval by Lender;
providedi.that such approval. shall pot 'unreasonably withheld. Al ihssumnnct:poliaee and rcneweals• thereof shall be in
a form :acceptable. to Lender and. shall nclude a statudard. mortgage .clauso"Jit- favor. of and is a form' acceptable to
Lender. Lender shall have the right to d ,the pWicte37 d dnewals thereof, subject to the terms of any mortgage,
deed of trust or other security agreement with:a liyp+l»•l+ia,?sf?p?rpiority over this Mortgage.
OT-21-97 Mwtgga PA •^E, s Y't7G(71?i6E 8 PA001242
ORI GIWII. (Yd1??Irl?wl rlrlarWrYwtWranrrrwrrwrsr
"^? oo eue?o a:oe Hri rK HUUStHULll HOU 749 5538 TO 912157901274 P.06
+- kt'ttiw event of loss, Borrower shall ?ve prompt notice to the insurance carrier and Lender. Lender may' make proof
of losss if not made promptly by Borrow
It, the Property is abandoned by wer, or if Borrower fails to respond to Lender within 30 days from the date
notice is mailed by Lender to Borrower t the insurance carrier offers to settle a claim for insurance boadits, Lender is
authorized to collect and apply the.i proceeds at Lender's option either to restoration.or repair. of the Property or
to'" sunns'secured-by this Mortgage.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums;: P)anueii.,LTn i• DevelgQnunts
Borrower shall keep the Property"in good'vepair and shall r*'Lrosnmtt waste'or periiiit',itnpais itenf or""`d teiioretion of
.:the Property'snd shall comply with=the provrsioas•of any lease'sf this"M6rtgage is°`ou a 1'i?ssefiofd If `ihis?vJortgslge is on
;; 'a unit in a condominium or a plaiines -unit development,- Borrower `"I pdfo triTall , :Borrowers°obltgatioas under
the declaration or covenants creating r1i' goveiniitg :t1te condciiaiHium:::or planned unit &Vcioptrient; t! i . bjclaws and
..regulations of the cbedominiuoi or" plipsed univdevelopment; and copstittlent'do6lrrtieuts:'"
7. Protection of Lender's Security:' If Borrower wis to-perform- the covenants and agreements contained in this
Mortgage, or if any action or proceeding is commenced which :materially-affects Lender's interest in the property, then
Lender, at Lendees option, upon notice m Borrower, may make such. appearances, disburse such sums, including
reasonable attorneys' fees, and take suc# action as is necessary to protect Lender's interest.
Any amounts disbursed by Lender pursuant to this paragraph 7, with. interest thereon, at the contract rate, shall
become additional indebtedness of Borrower secured- by. this Mortgage, Unless Borrower and Under agree to other
terms of payment, such amounts shah be payable upon notice from Leader to Borrower'ttgtusfirrg payment thereof.
Nothing contained in this paragraph 7 -shall require Lander t01ncur awry ;etpense'or take any- action berdunder. .
' 8. Inspection. Lender may take. c- cause to be made reasonable entries upon and inspections of the Property,
provided that Lender shall give Borrower notice prior to. say such inspection specifying reasonable cause therefor
related to Leader's interest in the ProrertY
9. Condemnation. The proceeds.of.any award or claim for damages, direct or ennsequential in connection with any
condemnation or other taking of the property, or part thereof, or for conveyance in lieu of condemnation, are hereby
assigned sue shall be paid to Lender; subject to the terms of any mortgage, deed of trust or other security agreement
with.a lien which has priority over this Mortgage.
10. Borrower Norr,Released; Forbesranoo'By Leader. Not :a -Waiver. Es{teasion"of, the ti'aie for ,payment as
.:.modification-a- amortization iof Ihe sums sebur+cd by this Mortgage geanted by-Leader to'aay.ssiccessoi''ia:inOenst of
Borrower shall aot':opetate' to'release .insnymanner, the liability-tit original! 3.0trower'a6'Borr 4cear Ors
:'ire iritorest,>I ender-shah"not be'iequited"to eommenx proceedings'agaitist suck suci: so `•or use to extend time for
payment or atherwibe' modify siaof :Lution of'tbe'sums secured- by'tWe Mbrtgage by 6s, s' , Of shy demand 'made by
the. original .Borrower-ard'Borrowet's successors' 'in interest. Any'.foisbearince by Lender in eiercieing any:right or
'remedy: hereunder., or otherwise afforded' by applicable lsw, shill not, be a waiver of or `preclude the exercise of any
such, right or remedy.,
TI. Successors.aud Assigns Bound; Joint and Several Liability; Co signers, The covenants and agreements
herein contained shall bind, and the r. ghts hereunder shall inure to, the respective successors and assigns of Lender and
Borrower, subject to the provisions d paragraph 16 hereof. All covenants and agreements of Borrower shall be joint
and. several. A.ny' Borrower who consigns this Mortgage, but does not execute the Note, (a) is cosigning this Mortgage
only, to mortgage, grant and conve:t 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 astend, modify, forbear, or make' any other accommodations with; regard ltd the
terms of this Mortgage or the Note without that &nrower's consent and" withbut•rsleasing-IMt Boitower'or modifying'
this, Mortgage as to that Borrower's aterest in the Property.
12, Notice. Except for any notice required under applicable law to be given in another spanner, (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 Propert" Address or at such other address as Borrower may designate by notice to Lender
as -provided herein, and (b) any notcs to Leader shall be given by certified mail to Lender's address stated herein or to
such other address as Leader may designate by notice to Borrower as provided herein. Any notice provided for in this
Mortgage shall be deemed to have be? given to Borrower or Lender when given in the manner designated herein.
. 13. Governing Law; Severability. 7%* state and local laws applicable to this'Mortgage.sball be the laws of the
jurisdiction in which the Property is located. The foregoing sentence sbaU not limit the -applicability of Federal law to
this•Mortgage. In the event that any ,ovision or clause of this Mortgage or the Note conflicts' with applicable law, such
•.cdnfliot shall not affect other .provision of t1us:Mortgage or the Now wtiich can be givdn effectj withdtit tlm' conflicting
proVision;.ahd to this end thes:provmoas'of•this Mortgage and the Notresre-declared•tb bdisevarable: As used herein,
::costs;" "expe;nses" and "attorneys' saes".include all. sums to the'etebnt Kotaprohibited=by 'applicable-Is* or-limited
herein
11. JBorrawer'a Copy_ Borrq ar shah bp,fkumished a-'conformed-66py:of'the,Note and' of this Mortgage 'at-the time
Of execution or after recocdatiQ4tereptM.?4..a,Y
07'21-97 atxtgage PA PA001r43
r1Hr Je e160J 9:53 RM FR HOUSEHOLD 900 749 5539 TO 912157901074 P.07
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15. Rehabilitation Loan Agreerr.'eht. Borrower shall fulfill all of Borrowers obligations under any home
rehabilitation, improvement, repair, or other loan agreement which : Borrower enters into with Lender. Lender, at
Lender's option, may require Borrower w execute and deliver to Lender, in a form acceptable to Lender. atf-assigol'nent
of any rights, claims or defenses which Borrower. may have against parties who supply labor, materials or services in
connection with improvements made to the Property.
16. Transfer of the Property. It Borrower aalls or transfers all or any part of the Property or an interest
therein, excluding (a)" the `creation' of alien 'or encumbrance subordinate to: this Mortgage. (b) a-transfer by devise.
descent, or by operation of law upon the death of a joint tenant, (o) 'the grant of -any leasehold interest of 'three years or
lea not containing an option to ptvr;iace, (d) the creation of a purchase money security interest.for household
appliances, (a) a transfer to a relative resaltiot fforn`the death:of-a Borrower, (f) a transfer where the spouse or
_ -children of the-Borrower befd i `era owner •of':the pfopei2yr_(g)'a.transfec resulting from-a decrrs oP dissolution of
marriage, legal separation agreement; orlfrom. id"incidental property.settlement agreement, by which the spouse of the
Borrower becomes an owner of the property, (h) a transfer into an ?inter vivos trust in which the Borrower is and
retrains a beneficiary and which does not relate to;a ttanafe.r'of rights of occupancy in the property; or (i) any other
transfer or disposition described in re&ulations prescribed by the Federal Home Loan Bank Board, Borrower shall
cause to be submitted information requ red by Lender to revaluate the transferee as if a new loan were being made to
the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases
Borrower in writing.
If bender does not "agree to such sale or trandef, Lender may declare all of the sums secured by this Mortgage to be
immediately due. and payable.. If. Lender exercises such option tq accelerate, Lender shall mail Borrower notice of
acxeleration ia' odboida ke with•paragrajh 1.-2 hereof::Such:notios gfb ll:pmlad&a;Xefiod of_not„less than 36 days from
the date the notice is mailed or delivered within which Borrower may pay the sums declared di - If Boirower fails' to
pay such sums prior to the expiration of such period Lender may, without further notice or demand on Borrower,
invoke any remedies permitted by paragraph 17 hereof.
NON-LRMZO12M COVENANTS. Borrower and Tender further covenant and agree as follows:
17. Acceleration; Rerrxe&m Except as provided in poragraplv16? hereof, upon Borrower's breach of any
covenantor agreement of Borrower ia•this.Mortgsge iaq;uding the covenants to pay when due any state
secured by this Mortgage, Lender. prior to, aceeleratioa shall, give ncFioe to -Borrower :as protvided in
paragraph 12 hereof spectfYta? (1) tihe breach; (2)sthe ie.quinid ta.cum such breach;: 3 'a date, not
less than-30 days from-the-date the notice-is-maiia' --to Borrow*-r-Oy-which4n=h..bccach must be.cured; and
.... (A),4140-fa;lure to .cure?arteb oh.I0.;ur,•bmforo Ihg.,date specifies in_the,pQties:-may-resnitAn.aeoeleration
of the sums securad by this Mortgage; foreclosure by jndfcial progpB4kg,'and-sale-of..the;Psoperty The
notice shall further reform Borrower of the, right to reinstate after acceleration and the right to assert in the
:foreclosure proceeding the nonexiatencp.of a;default on any other defense of Borrower to acceleration and
foreclosure. If the breach is not cured: on or before the"-date specified in the notice. Leiuder, at Lander's
option, may declare all of the. sums secured by this Mortgage to be immediately due and payable without
further demand and may foreelosc tais'Mortgage by judicial proceeding- Lender shall. be entitled to collect
in snob proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees and
costs of documentary evidence, abstracts and title reports.
A& Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums .by this Mortgage due to
Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage
discontinued at any time prior to entry of -ii judgrnmit enforcing this Mortgage if: (a) Borrower pays Lender all sums
which would be then:.due under this Lortgage aind the Note lad no acceleration occurred; (b) Borrower cures all
broaches-of +any other covenants or agreements
;qf-Borrower.,oprtxajAo4jn-.Shis blorplagC.:(c)-Borrower . pays all
seasonable expanses incurred by Lender in enforcing the covenants and agreements of Borrower.-contained in Bus
Mortgage, and in enforcing Lender's remedies' as provided in paragraph 17 hereof, including; .hut" not limited to,
reasonable attorneys' fees; and (d)'Bor+or takes such action as Lender may reasonablyltiquire:To: i that the lien
of this Mortgage. Leaders interest in dk4- Property and Borrower's obligation to pay thasukni securer tlus;M0rtgage
shall continue unimpaired. Upon such payment and cure by Borrower, this 'Wrtgage: n3': ibe obligations, secured
hereby shall remain in full force and eff9ct as if no acceleration had ooc urad;
19. Assignment of Rents; Appoint-nest of Receiver. As additional.security
... ,.:5e,.se6y ea&igrrq
to, Lender the.rerrts of the Property, provided that Borrower shall, prior to accela+atio - tE,us ei; heroof, in
abandonment of the Property, have the _ ght to collect and retain such cents as they, beco
Upon acceleration under paragraph 7 hereof or abandonment of the Property; Lender' n to have A
rbceiver a rated b -a court'to'enter ti
PPD ' Y ?on: take pxx?ession• of rand°manage the Property- snd'za:colTast ihe,r-ents of the
Property including those past due. All,r'ents collected,by the receiver shalt be applied first to payment of.the costs of
management of,the Property:•and:.collection of rents, includiM but not limited to, receiver's fees, premiums on
tecdvees bonds and reasonable.attorae s' fees,' and then to the sums secured by this Mortgage. The receiver shall be
liable to account only for those rents actually received.
. -
07-21-97 Lbr%ae AA iV 1wtH?raayt1??? ®®... PMa1444
OaIaINAL
MRY 30 2003 9:53 AM FR HOUSEHOLD
800 749 5538 TO 912157901274 P.08
20. Release. Upon payment of all axns secured by this Mortgage, Lender shall release this Mortgage without chgrge
to Borrower. Borrower shall pay all costs of recordation, if any.
21. Waiver of Homestead. Borro rer hereby waives all right of homestead exemption in the Property under state
or Federal law. .
.22. Interest' Rate After Judgment. Borrower agrees the iatterest:rate payable. after.. a.• judgment is entered on the
Noteor. in an action of mortgago for I osum ahalt be the' rate, stated in the Nate
IZ3QUEST:FOR NOTICE`OF>.DEFAULT .. .: ^::
A,IrD-FOR$CL05URE:IJNDBR•SUPERIOIt.
bIORTGAGES OR-.DEEDS-OF.TRUST;
Borrower and Lender request the hAder of any mortgage, deed'of trust or other eacu mbranco with a lien which has
priority over this Mortgage to give Notix to Lender, at Lender's address set forth on page one of this Mortgage, of my default
under the superior encumbrance and of any sate or other foreclosure action.
State of Pennsylvania
Country of Ctsnbarland) 86
Raw ad i Vie-Office for thErtecprG' ` « A (--
act i ridid eurland Coune1S . P:-T. J A ROWLSS -Borrower
wi n n of
Carl) da ' C,/0/5 ?. va.?•r , .
j -Borrower
nTBRYN M ROWLES
I hereby certify that the precise addra? " • ,' ) is. .
5106=8_ JONBSTC+WN', ROA 1' T7112 _ '
. •....: Ci1STisr.LO
..On-.behalf of theLeader. By: .. •' . ' ...:? .. .: Tula ..... MPi1?P:GER ','
COMMONWEALT-K OF.PENNSYLVANIr4;: .. DAUPHIN; 0ountyw,
I . JAMES O. C3TR0NE> a Notary Public' in add for'said county and state, do hereby certify that
JOR14 A ROWLES AND -F2TTiRY*-M--ROWLES,'..H/W ... •
personally known to me to be the same person(s) whose name(s) are . subscribed to the foregoing instrument
apea? before me this day in person, and acknowledge that t he _y sighed and livered the said instrument as
fri free voluntary act. for the uses and purposes therein set forth
Given under my hand and official seal, this 27th day of JANUARY
199;
My Commission expire
07-21-27 Ma"gaes PA
?aeaa a" 8B°'
cPorone.
Mr?`poma ?, ?urrty
This instrument was prepared by.
(Name)
.:. '($sam.8elowTbi;.1.ineltenor ,PoaLauder
aad,.$acordei).•:.r ,. .
:::RettlrirTd:
e, '.H ousohold:FinanceCorporation,,.
%s ki iti0.. :
PA0012
ORISINAL
LEGAL DESCRIPTION OF PROPERTY
ALL THAT CERTAIN tract of land with improvements thereon situate in the
Borough of Carlisle, Cumberland County, Pennsylvania bounded and described as
follows, to wit:
BEING Known as 339 Garland Drive, Carlisle, Pennsylvania
BEGINNING at a point on the northern right-of-way line of Garland Drive (60 feet
wide) said point being at the intersection of lands now or formerly owned by Mark
W. and Barbara L. Scheaffer; thence along said land North 19 degrees 25 minutes
23 seconds West, a distance of 150.00 feet to a point; thence along proposed Lot 6
North 00 degrees 53 minutes 55 seconds West, a distance of 213.53 feet to a point,
said point being on the 1-81 right-of-way line; thence along said right-of-way line,
North 81 degrees 30 minutes 34 seconds East, a distance of 95.66 feet to a point;
thence along proposed Lot 8 South 00 degrees 53 minutes 55 seconds East, a
distance of 194.40 feet to a point. Said point being along lands now or formerly
owned by Diane A. Dintaman South 19 degrees 25 minutes 23 seconds East, a
distance of 150.00 feet to a point. Said point being on the northern right-of-way line
of Garland Drive; thence along said right-of-way South 70 degrees 34 minutes 37
seconds West, a distance of 100.00 feet to a point, said point being the place of
beginning.
Containing 0.79 Acres.
This tract consisting of previously owned land of the Grantors and a lot addition
from United Church of Christ Homes, Inc., being merged into a single legal
description as required by the Carlisle Borough Subdivision and Land Development
Ordinance.
3460 Pennell Road Aston, PA 19014
(999) 726-5335, extension 313 www.midlanticuoup.com FAX (610) 485-4133
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SHERIFF'S RETURN - REGULAR
CASE NO: 2003-03616 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HOUSEHOLD FINANCE CONSUMER DIS
VS
ROWLES JOHN A ET AL
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT IN MORTG FORECL was served upon
ROWLES JOHN A the
DEFENDANT , at 1908:00 HOURS, on the 30th day of July 2003
at 339 GARLAND DRIVE
CARLISLE, PA 17013
by handing to
JOHN ROWLES
a true and attested copy of COMPLAINT IN MORTG FORECL together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
31.45
Sworn and Subscribed to before
me this (, day of
Qt rr .t ?Pt?3 A.D.
prothonotary
So Answers:
R. Thomas Kline
07/31/2003
MCCABE WEISBERG CONWAY
By: XQ t,
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-03616 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HOUSEHOLD FINANCE CONSUMER DIS
VS
ROWLES JOHN A ET AL
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
ROWLES KATHRYN M the
DEFENDANT , at 1908:00 HOURS, on the 30th day of July 2003
at 339 GARLAND DRIVE
CARLISLE, PA 17013 by handing to
JOHN ROWLES, HUSBAND
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this 6 ?' day of
Prothonotary '
So Answers:
R. Thomas Kline
07/31/2003
MCCABE WEISBER?G???CCOONWAA?Y
By. /"/?YYI?
Deputy Sheriff
e?
4?4?d 0,2 1-
vs Case No. ? 3?2 YO
es
Statement of Intention to Proceed
To the Court:
A, P,6vlstends to proceed with the above captioned matter.
Print Named ? n ?c?W ?ES Sign Name
Date: At&tz Z3„ 04 Attorney for
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
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Curtis R. Long
Prothonotary
office of the Vrotbonotarp
Cumberranb Cauntp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
03 -:3L 1 <n CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573