Loading...
HomeMy WebLinkAbout07-4353McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company 961 Weigel Drive Elmhurst, IL 60126 v. Edward Strange a/k/a Edward F. Strange a/k/a Edward F. Strange, III a!k/a Edward Frank Strange, III a/k/a Edward S. Strange, III a/k/a Edward F. Strange, 3 a/k/a Edward S. Strung 922 Park Place Mechanicsburg, PA 17055-9750 and Cheryl Strange a/k/a Cheryl L. Strange a/k/a Cherlyl L. Strange a/k/a Cheryl F. Strange 922 Park Place Mechanicsburg, PA 17055-9750 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number ~~ _ x,353 C: I V t ( (erM CIVIL ACTION/MORTGAGE FORECLOSURE NOTICB 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. AVISO Le han demandado a uated en la torte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notification. Hate falta asentar una comparencia escrita o en persona o con un abogado y entregar a la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuar la demanda en contra auya sin previo aviso o mtificacion. Adem3s, la torte puede decidir a fawr del da~ndante y requiere que usted cwrgla ~ todas las pmvisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantea para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIItING A LAW YER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARR EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIES QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company 961 Weigel Drive Elmhurst, IL 60126 v. Edward Strange a/k/a Edward F. Strange a/k/a Edward F. Strange, III a/k/a Edward Frank Strange, III aIk/a Edward S. Strange, III a/k/a Edward F. Strange, 3 a/k/a Edward S. Strung 922 Park Place Mechanicsburg, PA 17055-9750 and Cheryl Strange a/k/a Cheryl L. Strange a/k/a Cherlyl L. Strange a/k/a Cheryl F. Strange 922 Park Place Mechanicsburg, PA 17055-9750 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number o ~- y 3 ~ 3 ~'-c~~.t ~~ CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Household Finance Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Edward Strange a/k/a Edward F. Strange a/k/a Edward F. Strange, III a/k/a Edward Frank Strange, III a/k/a Edward S. Strange, III a/k/a Edward F. Strange, 3 a/k/a Edward S. Strung, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 922 Park Place, Mechanicsburg, PA 17055-9750. 3. The Defendant is Cheryl Strange a1k/a Cheryl L. Strange a/k/a Cherlyl L. Strange a/k/a Cheryl F. Strange, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 922 Park Place, Mechanicsburg, PA 17055-9750. 4. On 03/18/2002, 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 Book1752, Page 3643. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 922 Park Place, Mechanicsburg, PA 17055. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/22/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. 8 The following amounts are due on the mortgage: Principal Balance Interest 08/22/2006 through 07/09/2007 (Plus $ 36.09 per diem thereafter) Attorney's Fee Corporate Advances Title Search $ 132,308.80 $ 22,071.38 $ 6,615.44 $ 28.24 $ 200.00 GRAND TOTAL $ 161,223.86 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 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 a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $161,223.86, together with interest at the rate of $36.09 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY, P.C. arT~~ ~C Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned, does hereby certifies that they are the Attorney for the Plaintiffin the within action, that they aze familiar with the matters set forth in the within action, that they aze authorized to make this verification and that the foregoing facts aze true and correct to the best of their 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. McCABE, WEISBERG AND CONWAY, P.C. Atforneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE EXHIBIT "A" I~-~o~S ~ _~ 7133oa~a-~a3~bY~ MORTGAGE ^ IF BOX IS CHECKED, THIS MORTGAGE IS AN SECURES FUTURE ADVANCES. ';U.MBEftLt~t~r1 COUNTY-PA 'Q2 f~flR 20 PIS 2`12 OPEN-END MORTGAGE AND THIS MORTGAGE is made this day 18TH of MARCH 2002 ,between the Mortgagor, CHERYL L . STRUNGE AND EDWARD F . STRUNG , H/W eresn mower and ortgagee HOUSEHOLD FINANCE CONSI.ltrIER DISCOUNT COMPANY a corporation organs an existing un the aws o ,whose address is 25 GATEWAY DRIVE, GATEWAY SQUARE/ ! 17055 {herein "Lender ^ The following paragraph preceded by a checked box is applicable. X Wi-iEREAS, Borrower is indebted to Lender in the principal sum of $ 138 ,186.00 evidenced by Borrower's Loan Repayment and Security Agreement or Sewndary ortgage n Agreement dated MARCH 18, 2002 and any extensions or renewals thereof (herein "Note"}, providing or mont y insta meets o principal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with •the balance of the indebtedness, if not sooner paid, due and payable on MARCH 18, 2032 ; ^ WHEREAS, Borrower is indebted to Lender in the principal sum of $ , or so much thereof as may be advanced pursuant to Borrower's Revolving greement dated and extensions and renewals thereof {herein "Note"), providing for monthly installments, an snterest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (1 } the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; {2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in -- accordance herewith to protect the security of this Mortgage; and {4) the performance oP the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of CUMBERLAND Commonwealth of Pennsylyanis: ' ALL THAT CERTAIN PROPERTY SITUATED IN THETOM(NSHIP OF MDNROE IN THE COUNTY OF CUMBERLAND AND C~+idONWEALTH OF _ .,__; PENNSYLVANIA,• BEING MORE FULLY DESCR{BED IN A DEED DATED 07/01/1987 AND RECORDED 07/01/1987. AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 32-0' ~Ann_pAr~ 841~.AND..___TAX MAP OR PARCEL I D N0.: 22-31-2156-003 ~' 03-01-01 MYG _ _ _. PA0012A1 ~109DD3667870iATG8000PA0012A1F•*STRUNGE ^ FILE COPY ~ s •. 6K1752PG3643~'~t ~ " _~-,` ~i1~ i Y -2- TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest at Variable Rates. This mortgage sxures all payments of principal and interest due on a variable rate loan. The contract rate of interest and payment amounts may be subject to change as provided in the Note. Borrowers shall promptly pay when due all amounts required by the Note. - _ _ . . _ _ _ ~ _ _ _ . _ _ 2. Funds for Taxes and Insurance. Subject to applicable law or waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds"}equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over; thins"Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, :plus one twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground ants. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lander may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of'the Funds held by Lender, together with the~future monthly installments of Funds payable prior to the due dates of taxes, assessments; insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Punds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property 03-01-Of MTG i®®®®~~~~~~a®®®N~~ar~~o®~®e~~~ M10900366787OMTG8DOOPA0012A2Fx~STRl1JGE ~ FILE COPY PA0012A2 BK 1752PG36~4~>y ... ., H „ Y •L -3- is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage: 3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs l and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest, and then to the principal. 4. Prior Mortgages and Deed• of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage. and leasehold payments or ground rents, if any. .. •- '~ S. Hazard Insurance. Borrower shall keep the improvements now existing or heres[ter erected on the Property insured against lose by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage,~deed of trust or other security agreement with a lien which has priority over~thisMortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. • If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender.to Borrower that the insurance carrier offers to settle a~claim for insurance benefits; Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shalt keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the __ __ condominium or planned unit development, and constituent documents. •' '7. Protection of Lender's Security. If Borrower fails to perform the wvenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or.take any action hereunder. 03-01-01 MTG ~ PA0012A3 "109003667810AITG8000PA0012A3F~"STRUWGE " FIlE COPY BK 1752PG3645 ~~~"r.; ;.`.~,~..;;~~~ r:u . ' -4- 8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance i n 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 agreementwith a lien which 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 modify amortization of the sums secured by this Mortgage by-reason-of.any demand .made by the original :Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11.5uccessorsand Assigns Bound; Joint snd Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure.to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 henoof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a} is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b} any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. 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 Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include sll sums to the extent not prohibited by applicable law or limited heron. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the timeof execution or after recordation herrof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agrcement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply tabor, materials or services in connection with improvements made to the Propertyy 03-Oi-01 NfTG PA~012A4 IN~I~NN NI~~®~NI~~IO®®IN~INININ~INN~INId X10 9 0 0 38 8 78 701`1TG80DOPA0012A4F""STRIJn1GE ~ FILE COPY BK 1752PG3646 ~ ~ ~ ~ • .., -s- 16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein, excluding (a) the creation of a Lien or encumbrance subordinate to this Mortgage, {b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or (i} any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being. mady,~to the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. If Lender does not agree to such sale or transfer, Lender may declare ell of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph l2 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower is this Mortgage, including the covenants to pay when due any sums. secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (l) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; sad (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and salt of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrowcr 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 to be immediately due and payable without further demand and may foreclose this Mortgagt by judicial proceeding. Lender shat! be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees and costs of documentary evidence, abstracts sad title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: {a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; {b) Borrower cures all breaches of any other covenants or 03-01-01 MTG ~1090036678701ATOBOOOPA0012A5F~~STRUNGE ~ FILE COY PA0012A5 .4' ~-~ 52PG3~4`~`` ~~;~ - : ~ :tt3 gK I 1 -6- agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' foes; and {d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof. in abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under. paragraph 7 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fns, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives alt right of homestead exemption in the Property under state or Federal law. 22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. D3-01-oT MTG ~'109003667870MTG6000PA0012A6F~"STRWGE N FILE COPY 8K 17 5 2.PG 3~64~8 PA0012A6 ,,,, ,' ,~ -7- REQUEST FOR NOTICE OF DEPAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which hae priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. CHERYL L STRUNGE~ ower ~~. '1r'""a~ • • • EDWARD F STRUNGEBorrower I hereby certify that the precise address of the Lender (Mortgagee) is:H D U S E H 0 L D FINANCE . . 25 GAT6N1~lP DRIVE. MECHANICSBU~csr Q,A,_~7~,~ On behalf of the Lender. By: E T H A N P F O G L E Title: B R A N C H :MANAGE R COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: I, ANNE A STAFF 0 R D a Notary Public in and for said county and state, do hereby cert~ y t at CHERYL L STRUNGE & EDWARD F STRUNGE personally known to me to be the same persons whose names ~ a r e subscr~ tot e foregoing instrument, appeared before me this day in person, and acknowTec~ge that thy signed and delivered the said instrument as their free voluntary act, for the uses and purposes therein set forth. Given .under my hand and official seal, this 18th day of March , Z00 2 My Commission expires: ,~yy ~~,,,, ,r.r~fif0i/h~' c./ilii~ .~ ~~~• i°'i ~• Vl t ~•°~*.~r•s~1~~-~!~~,+~ NOTARIAL SEAL Notary blic ~' {+~•'•,Ot7tj~'•~Q:~ Anne A. Stafford, Notary Public ~ ~~. ! ; ~ ~ Hampden Twp., Cumberland Q' ~~' `~ =' : ,,,, AMY This instrument was prepared by: • e+ ~~ yo r; a ~$ My Commission Expires Apri104, 2005 r , ~ ;~~ •; ,,. .~ ~,~'~~~;~faYC`i..',; . «' ~. hIOUSEHOLD FI ~ ~ CORPORATION ~r4 - - •. ~~.~,y,Ft-w,`-~ 1 '' ~~r ~i~+ ~ ~ {tin .T~/i~Ni+rNr~ ~l.'.tiY Y Certif Mechantcsburp, P :~~ •• ~•••a~' 'r y this to be recorded ~~~~vUn} ~~~ served For Leader and Rocordor) V ~/ Return To: °' `•. ~~~.,C~,~,7. Records Processing Services o3-Ot-Ot ., 7 '~,. 577 Lamont Road PA0012A7 IINN''''uu~~ N Elmhurst, IL 60126 x109003667 dirlfi~lt8 ~ FILE COPY 6K175~b49 ,~ r~ ~-~ ~_ c ~ ~ --1 ~ '?' "~ ..~ ~ ~ ~ ' - ~.? b ~:= - .~ ~ .b -.C, ~ b __ ~:~~ c _. < 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-04353 P • COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER DIS VS STRUNGE EDWARD ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STRUNGE EDWARD but was unable to locate Him in his bailiwick. He therefore returns the !~(1MDT.T TTTT _ MOAT T~'(IA T~' the within named DEFENDANT STRUNGE EDWARD 922 PARK PLACE NOT FOUND as to MECHANICSBURG, PA 17055-9750 PER POST OFFICE, DEFENDANT MOVED TO NORTH CAROLINA. Sheriff's Costs: Docketing Service Not Found Surcharge ,_ ".,".. ' - ``~ --.. .-.,. - So answer i' " ~" ~ ~ 18.0 0 ~' 5.00 R. Thoma Kline 10.00 Sheriff of Cumberland County .00 42.60 MCCABE WEISBERG CONWAY 08/01/2007 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-04353 P • COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER DIS VS STRUNGE EDWARD ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STRTTf~TC,F C'HRRYT, but was unable to locate Her in his bailiwick. He therefore returns the ('V'1M DT.T TTTT _ M(1DT L'(1D L' the within named DEFENDANT STRUNGE CHERYL 922 PARK PLACE NOT FOUND as to MECHANICSBURG, PA 17055-9750 PER POST OFFICE, DEFENDANT MOVED TO NORTH CAROLINA. Sheriff's Costs: Docketing Service Not Found Surcharge ;..r~----" So answers --' ----' 6 . 0 0 _. -~ ~~- ,~, ___ ~~ 5.00 R. omas Kline 10.00 Sheriff of Cumberland County .00 21.00 MCCABE WEISBERG CONWAY 08/01/2007 Sworn and Subscribed to before me this day of A.D.