HomeMy WebLinkAbout09-1353i; 3;
__1
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 ST FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
MICAL K. LEE and
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
. NO.: OR - 1353 aIV1\ lean
MICHAEL D. WHITTEN a/k/a CIVIL ACTION -LAW
MICHAEL WHITTEN
DEFENDANTS : MORTGAGE FORECLOSURE
NOTICE TO DEFEND AND CLAIM RIGHTS
THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE
ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE
OF COLLECTING THE DEBT.
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 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
is 1'_
claimed in the Complaint or for any other claims 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 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 LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
NOTICIA
Le han demandado a usted en la corte. Si usted guiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dies de plazo al
partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o
sus objectiones a las demandas en contra suya.
Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar
una order contra usted sin previo aviso o notification y por cualquier queja o alivio que
es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O
LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE
CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS
OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C.
SECTION 1692 et seq.(1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF
THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN
WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S)
WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE
ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30)
DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND
DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF
DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY
(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING
YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT
YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION
WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT
TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THE THIRTY (30) DAYS AFTER YOU
HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF
THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR
WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT
OF THIS COMPLAINT, THE LAW REQUESTS US TO CEASE OUR EFFORTS
(THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE
MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS
IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS
NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A
LIEN ON REAL ESTATE.
1. Plaintiff, Members 1" Federal Credit Union ("Members 1" ), is a National
Federal Credit Union having a principal address of 5000 Louise Drive,
Mechanicsburg, PA 17055.
2. Mical K. Lee and Michael D. Whitten a/k/a Michael Whitten (referred to
herein collectively as "Defendants'), are adult individuals having a last
known address of 735 Pine Road, Carlisle, PA 17015.
3. On or about September 6, 2007, Defendants executed and delivered to
Members 0 a Home Equity Line of Credit Agreement (the "Line of Credit")
having a credit limit of $10,000.00 dollars (the "Note"). A copy of the Note is
attached hereto as Exhibit "A" and made part hereof.
4. On and/or after the date of the Note, Members 0 advanced amounts to
Defendants under the Line of Credit.
5. Pursuant to the terms and conditions of the Note, Defendants agreed to pay to
Members 1St monthly installments of principal and interest in the minimum
amount of the greater of $50.00 or 2% of the outstanding balance as of the
last day of the billing cycle as that term is defined in the Note commencing on
the last day of the month in which an advance is made under the Line of
Credit and continuing on or before the last day of each month thereafter.
6. As security for the Loan, Defendants executed and delivered to Members 1 St a
mortgage ("Mortgage") on all that certain real estate and improvements
erected thereon situate in Dickinson Township, Cumberland County,
Pennsylvania, known and numbered as 735 Pine Road, Carlisle, PA 17015
(the "Property"). At all times relevant hereto, Defendants have been and
2
continue to be the record and sole owners of the Property. A description of the
Property is attached hereto as Exhibit "B" and made part hereof.
7. On or about September 21, 2007, the Mortgage was recorded in the
Cumberland County Recorder of Deeds Office to Instrument Number:
200736783. A true and correct copy of the Mortgage is attached hereto as
Exhibit "C" and made part hereof.
The Mortgage and the Note have never been assigned by Members 0 and are
still held by it as a valid and subsisting obligation of Defendants.
9. Defendants are in default of Defendants' obligations under the Note and the
Mortgage as a result of Defendants' failure to make the payments due to
Plaintiff as set forth therein in the amount of $199.99 each for the months of
June through December 2008 and January 2009 as more particularly described
in the Act 91 Notice attached hereto as exhibit "D" and made part hereof.
10. Members 1St gave written notice of its intent to foreclose Pursuant to the Act
of January 30, 1974, P.L. 13, No. 6, 41 P.S. section 101, et. sea., and in
particular section 403 thereof, and of Defendants' rights in accordance with
the Homeowners' Emergency Mortgage Assistance Act, Act of December 23,
1983, P.L. 385, No 91, 35 P.S. Section 1680.401(c), et. §N., by letter dated
September 4, 2008, addressed to Defendants via certified mail, return receipt
requested. A copy of the said notice is attached hereto as Exhibit "D" and
made part hereof.
11. Electronic confirmation evidencing the mailing of said Notices is attached
hereto as Exhibit "E" and made part hereof.
12.
13.
14.
Simultaneously, Members 1St forwarded to Defendants the same Notices as
set forth in paragraph 10 above addressed to Defendants by United States
mail, first class, postage prepaid, bearing the return address of Members 1St.
The Notices forwarded to Defendants in said manner have not been returned
to the offices of Members 1St as undeliverable or otherwise.
As of February 27, 2009, Defendant is indebted to Members 1St in the amount
of TWELVE THOUSAND FOUR HUNDRED FORTY-FIVE AND 04/100
($12,445.04) dollars itemized as follows:
a. Outstanding principal $9,928.72
b. Interest to February 27, 2009 16.32
c. Late fees 0.00
d. Attorney's fees 2,500.00
f. Total due to Members 1 st as of 2/27/2009 $12,445.04
The above attorney's fees are estimated through sheriff sale and are in
accordance with Defendants' agreements as set forth in the Mortgage and the
Note. Defendants will be responsible for actual reasonable legal fees incurred
by Members 1St in this matter.
Defendants also agreed under the terms and conditions of the Note that in the
event of default there under Defendants would pay, in addition to the amounts
set forth in paragraph 13 above, costs incurred by Members 1St as a result of
the institution and prosecution of these legal proceedings.
4
15. The obligation owed to Members 1st continues to accrue interest at the rate of
$1.6321 per day, through the date of payment and continues to accrue
attorney's fees.
16. As set forth above, Members I't has made demand upon Defendants to cure
the default under the Mortgage and the Note. However, as of the date hereof,
Defendants continue to fail and refuse to cure the default.
WHEREFORE, Plaintiff, Members 1 St Federal Credit Union, demands judgment
against Mical K. Lee and Michael D. Whitten a/k/a Michael Whitten, in the amount of
TWELVE THOUSAND FOUR HUNDRED FORTY-FIVE AND 04/100 ($12,445.04)
DOLLARS plus interest at the rate of $1.6321 per day, through the date of judgment
entered on this complaint and at the legal rate thereafter until the date of payment,
additional attorney's fees and costs of suit and for foreclosure and sale of the mortgaged
property.
Respectfully submitted,
Date: -b Z 0q
)Carl Ml Ledeb6hm, Esq.
Supreme Court ID # : 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
5
"'EB-12-2009 THU 06:34 PM MEMBERS 1ST FCU FAX NO. 7177955207 P. 02
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ALL THOSE CEP-TAIN two tracts of land situate in Dickinson Township, Cumberland County,
PenmyivanbN bounded and described as follows:
'TRACT *1
BEGINNING at an Iron pin, a comer of land now or formerly of Ronald Brehm and the Reading
Raikoad Company, South 13 deprves 23 minutes 30 seconds West, a distance of 246.60 feet to a
point in the teterline of Pine Road (L.R.. 21008); thence along the centerline of Pine'K.oad (L.R.
210081 South 62 degrees 25 minutes 20 seconds West, a distance of 45 feet to a point in the
ccaW of the Pita Road (L.R. 21008); thence along lands now or formerly of Sara E. Caufman,
North 30 dogmas 08 minutes 00 seconds West, a distance of 186.67 feet to a point; thence along
lands now or for»wrly of the Reading Railroad Company, North 62 degrees 30 minutes 00
acmWs East, a distances of 215 feast to an Iron pin, the place of Doeuming.
HAVING THEREON eroded a dwelling house known and numbered as 735 Pine Road,
Carlisle, Pennsylvania 17013
KING all of Lot 1 and Parcel 2 on Subdivision Plan of Wilbur H. Clifton, R,S., dated January 6.
1986, for Earl D. Cuu$nnn and Nancy Jane Caufman and recorded in the Office of the Recorder
of Deeds in and for Cumberland County, Pennsylvania, Plan Book 49, Page 109.
EXCEP7 NO from the above property land conveycd to Sala E. Cauf ran in Deed Book "U",
Volume 31, Page 532, and noted as Parcel 2 in Plan Book 49, Page 109.
TRACE #2
BEGINNING at a spike set in the center of Pino Road (L.R. 21008); thence along the lands now
or fonnedy of P.arl Caullnan, North 13 degrees 23 mimrtes 20 seconds Fast, a distance of 246-60
feel to a tailnaad iron; thence along lands now of formerly of the Reading Company Railroad,
North 58 degrees 31 minutes 05 seconds fit, a distance of 182.62 fed to a railroad iron; thence
along lands now or formerly of George Widders„ South 14 degrees 08 minutes 46 seconds West.
a distsaw of;265.05 that to a spike set in tk ecnoarfine of Pine Road (L.R. 21008) thence along
the center fine of said Pine Road, South 62 degees 09 minutes 25 secomb west, a distance of
167.47 &et to a space, the place of Beginning.
CONTAINING 28259.70 square feet and being designated as Tract 2.
BEING all of Lot 2 on the I-fnal Subdivision Plan for Tcrry O'Donnell dated August 2, 1982 and
revised September 13, 1982 by Thomas A. Neff, R.S., and recorded in the Office of the Recorder
of Deeds for Cumberland County in Plan Book 42, Page 66.
Being the same premises which John M. Whitten and Tern L. Whitten by their deed
dated August 21, 2007 and recorded in the Cumberland County Recorder of Deeds Office
to Instrument Number: 200734307 granted and conveyed onto N ical K. Lee and Michael
D. Whitten.
Exhibit "B"
Prepared By: Members 1st FCU
5000 Louise Drive
Mechanicsburg, PA 17055
When recorded mail to:
FIRST AMERICAN TITLE INSURANCE
LENDERS ADVANTAGE
1100 SUPERIOR AVENUE, SUITE 200
CLEVELAND, OHIO 44114
ATTN. FT1120
OPEN-END MORTGAGE
THIS MORTGAGE SECURES FUTURE ADVANCES
AMOUNT OF PRINCIPAL INDEBTEDNESS: $ 10,000.00
THIS MORTGAGE IS DATED 09/06/2007 , between MICAL K LEE AND MICHAEL
WHITTEN
whose address is 735 PINE ROAD. Carlisle. PA. 17015
(referred to below as "Grantor"); and . MEMBERS 1ST FEDERAL CREDIT UNION , whose address is
P.O. Box 40, Mechanicsburg, PA 17055 (referred to below as "Lender"),
a corporation organized and existing under the laws of the Federal Credit Union Act.
1. GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns,
transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in the following
described real property, together with all existing or subsequently erected or affixed buildings, improvements and
fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges,
tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the
reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock
in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property,
including without limitation any rights the Grantor later acquires in the fee simple title to the land, subject to a Lease,
if any, and all minerals, oil, gas, geothermal and similar matters:
All that certain property of the Mortgagor located in DICKINSON
TOWNSHIP , Cumberland County, Pennsylvania.
SEE ATTACHED EXHIBIT "A"
f",I- -rz- 6 kr - 3/ -,V,9' 7-6e- --"
The Real Property or its address is commonly known as 735 PINE ROAD
Carlisle , PA, 17015
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all leases of the
Property.
Account Number 3l ? p _5 -* - AppID22166101
Exhibit "C"
2. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage. Terms not
otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Pennsylvania Uniform
Commercial Code.
Borrower. The word "Borrower" means each and every person who signs the Line of Credit Home Equity
Agreement secured by this Mortgage.
Credit Agreement. The words "Credit Agreement" mean the revolving line of credit agreement dated
09/06/2001 between Lender and Grantor with a credit limit of the amount shown on the first page
of this Security Instrument, together with all renewals of, extensions of, modifications of, refinancing of,
consolidations of, and substitutions for the Credit Agreement. The maturity date of this Mortgage, which is the date
by which all Indebtedness under the Credit Agreement and this Mortgage is due is September 30, 2022
Grantor. The word "Grantor" means any and all persons and entities executing this Mortgage, including without
limitation all Grantors named above. The Grantor is the mortgagor under this Mortgage. Any Grantor who signs this
Mortgage, but does not sign the Credit Agreement, is signing this Mortgage only to grant and convey that Grantors
interest in the Real Property and to grant a security interest in Grantor's interest in the Rents and Personal Property
to Lender and is not personally liable under the Credit Agreement except as otherwise provided by contract or law.
Improvements. The word "Improvements" means and includes without limitation all existing and future
improvements, fixtures, buildings, structures, mobile homes affixed on the Real Property, facilities, additions and
other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal and interest payable under the Credit Agreement and
any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses incurred by Lender
to enforce obligations of Grantor under this Mortgage, together with interest on such amounts as provided in this
Mortgage. Specifically, without limitation, this Mortgage secures a revolving line of credit, which obligates
Lender to make advances to Grantor so long as Grantor complies with all the terns of the Credit Agreement.
Such advances may be made, repaid, and remade from time to time, subject to the limitation that the total
outstanding balance owing at any one time, not including finance charges on such balance at a fixed or
variable rate or sum as provided in the Credit Agreement, any temporary overages, other charges, and any
amounts expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as provided
in the Credit Agreement. Notwithstanding the amount outstanding at any particular time, this Mortgage
secures the total Credit Agreement amount shown above. The unpaid balance of the revolving line of credit
may at certain times be lower than the amount shown or zero. A zero balance does not terminate the line of
credit or terminate Lender's obligation to advance funds to Grantor. Therefore, the lien of this Mortgage will
remain in full force and effect notwithstanding any zero balance. The liens and security interests created
pursuant to this Mortgage covering the Indebtedness which may be created in the future shall relate back to
the date of this Mortgage.
Lease. The word "Lease" means any lease between Grantor and the Lessor of the Property.
Lender. The word "Lender" means MEMBERS 1ST FEDERAL CREDIT UNION its successors and assigns. The
Lender is the mortgagee under this Mortgage.
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together
with all accessions, parts, and additions to, all replacements and all substitutions for, any of such property; and
together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any
sale or other disposition of the Property.
Page 2 of 13
Property. The word "Property" means collectively the Real Property and the Personal Property
Real Property. The words "Real Property" mean the property, interests and rights described above in the "Grant of
Mortgage" section.
Related Documents. The words "Related Documents" mean and include without limitation all promissory notes,
credit agreements, loan agreements, guaranties, security agreements, mortgages, deeds of trust, and all other
instruments and documents, whether now or hereafter existing, executed in connection with Grantors Indebtedness
to Lender.
Rents. The word "Rents" means all rents, revenues, income, issues, royalties, and profits from the Property.
THIS MORTGAGE, AND, IF ANY, A SECURITY INTEREST IN THE PERSONAL PROPERTY, IS GIVEN TO
SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF
GRANTOR UNDER THIS MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AND
ACCEPTED ON THE FOLLOWING TERMS:
3. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender
all amounts secured by this Mortgage as they become due, and shall strictly perform all of Grantors obligations
under the Line of Credit Home Equity Agreement and under this Mortgage.
4. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use
of the Property shall be governed by the following provisions:
Possession and Use. Until in default, Grantor may remain in possession and control of and operate and manage
the Property and collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs and
maintenance necessary to preserve its value.
Hazardous Substances. Grantor represents and warrants that the Property never has been, and never will be so
long as this Mortgage remains a lien on the Property, used for the generation, manufacture, storage, treatment,
disposal, release or threatened release of any hazardous waste or substance, as those terms are defined in the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section
9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act ("SARA"), applicable state or
Federal laws, or regulations adopted pursuant to any of the foregoing. Grantor authorizes Lender and its agents to
enter upon the Property to make such inspections and tests as Lender may deem appropriate to determine
compliance of the Property with this section of the Mortgage. Grantor hereby (a) releases and waives any future
claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs
under any such laws, and (b) agrees to indemnify and hold harmless Lender against any and all claims and losses
resulting from a breach of this paragraph of the Mortgage. This obligation to indemnify shall survive the payment of
the Indebtedness and the satisfaction of this Mortgage.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
stripping of or waste on or to the Property or any portion of the Property. Specifically without limitation, Grantor will
not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), soil, gravel
or rock products without the prior written consent of Lender.
Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property at all
reasonable times to attend to Lenders interests and to inspect the Property for purposes of Grantors compliance
with the terms and conditions of this Mortgage.
Page 3 of 13
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and
regulations of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest
in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including
appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as Lender's
interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond,
reasonably satisfactory to Lender, to protect Lenders interest.
Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other
acts, in addition to those acts set forth above in this section, which from, the character and use of the Property are
reasonably necessary to protect and preserve the Property.
6. COMPLIANCE WITH LEASE. If there is a Lease on the Property, Grantor will pay all rents and will strictly
observe and perform on a timely basis all other terms, covenants, and conditions of the Lease. Grantor further
agrees (a) not to surrender, terminate, or cancel the Lease, and (b) not to modify, change, supplement, alter, or
amend the Lease, either orally or in writing, without Lenders prior written consent. No estate in the Property,
whether fee title to the leasehold premises, the leasehold estate, or any subleasehold estate, will merge without
Lender's express written consent; rather these estates will remain separate and distinct, even if there is a union of
these estates in the landlord, Grantor, or a third party who purchases or otherwise acquires the estates. Grantor
further agrees that if Grantor acquires all or a portion of the fee simple title, or any other leasehold or subleasehold
title to the Property, that title will, at Lender's option, immediately become subject to the terms of this Mortgage,
and Grantor will execute, deliver and record all documents necessary or appropriate to assure that such title is
secured by this
6. REHABILITATION LOAN AGREEMENT. Grantor shall fulfill all of Grantor's obligations under any home
rehabilitation, improvement, repair, or other loan agreement which Grantor may enter into with Lender. Lender, at
Lender's option, may require Grantor to execute and deliver to Lender, in a form acceptable to Lender, an
assignment of any rights, claims or defenses which Grantor may have against parties who supply labor, materials or
services in connection with improvements made to the Property
7. DUE ON SALE - CONSENT BY LENDER. Lender may, at its option, have the right to accelerate, that is,
declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without the
Lender's prior written consent, of all or any pad of the Reel Property, or any interest in the Real Property. If Grantor
sells or transfers the Real Property without the written consent of Lender, then, prior to acceleration Lender shall
give notice to Grantor. The notice shall provide a period of not less than ten (10) days from the date of the notice
within which Grantor may pay the sums declared due. If Grantor fails to pay those sums prior to the expiration of
such period, Lender may, without further notice or demand on Grantor, invoke any remedies permitted in this
Mortgage. A "sale or transfer" means the conveyance of Real Property or any right, title or interest therein; whether
legal or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land
contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by
sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by
any other method of conveyance of Real Property interest. However, this option shall not be exercised by Lender if
such exercise is prohibited by federal law or by Pennsylvania law.
8. TRANSFER OF PROPERTY. The following provisions relating to the transfer of the Real Property are a pad of
this Mortgage:
Notice of Transfer. Grantor shall give notice to Lender, as provided in this Mortgage, prior to any sale or transfer of
all or part of the Property or any rights in the Real Property. Any person to whom all or part of the Real Property is
sold or transferred also shall be obligated to give notice to Lender, as provided in this Mortgage, promptly after such
transfer.
Page 4 of 13
Advances After Transfer. All amounts advanced under the Line of Credit Home Equity Agreement, up to the Credit
Limit, are secured by this Mortgage, whether advanced before or after sale or transfer of the Real Property, except
any amounts which may be advanced by Lender more than five (5) days after notice to Lender, as provided in this
Mortgage, that such transfer or sale has occurred. Even if Grantor transfers the Real Property, Grantor will continue
to be obligated under the Credit Agreement and this Mortgage unless Lender releases Grantor in writing. As a
condition to Lender's consent to any proposed transfer or as a condition to the release of Grantor, Lender may
require that the person to whom the Real Property is transferred sign an assumption agreement satisfactory to
Lender and Lender may impose an assumption fee. The assumption agreement will not entitle the person signing it
to receive advances under the Credit Agreement.
9. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a pad of this
Mortgage.
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes,
assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay
when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall
maintain the Property free of all liens having priority over or equal to the interest of Lender under this Mortgage.
except for the lien of taxes and assessments not due, except for the Existing Indebtedness referred to below, and
except as otherwise provided in the following paragraph.
Right To Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith
dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is
filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within
fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender,
deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount
sufficient to discharge the lien plus any costs and attorneys' fees or other charges that could accrue as a result of a
foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any
adverse judgment before enforcement against the Properly. Grantor shall name Lender as an additional obligee
under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written
statement of the taxes and assessments against the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any
services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
other lien could be assigned on account of the work, services, or materials and the cost exceeds $10,000.00.
Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can
and will pay the cost of such improvements.
Page 6 of 13
10. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of
this Mortgage.
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended
coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
clause in favor of Lender. If the Real Property is located in an area designated by the Director of the Federal
Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain Federal Flood Insurance
to the extent such insurance is required and is available for the term of the loan and for the full unpaid principal
balance of the loan. Policies shall be written by such insurance companies and in such form as may be reasonably
acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a
stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice
to Lender.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the
estimated cost of repair or replacement exceeds $10,000.00. Lender may make proof of loss if Grantor fails to do so
within fifteen (15) days of the casualty. If, in Lender's judgment, the restoration or repair is economically feasible and
Lender's security is not lessened, insurance proceeds shall be applied to restoration or repair of the damaged
Property. If the restoration or repair is not economically feasible or Lender's security would be lessened, the
insurance proceeds shall be applied to the sums secured by this Mortgage whether or not then due, with any excess
paid to Grantor. If Grantor abandons the Property, or does not answer within thirty (30) days a notice from Lender
that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may
use the proceeds to repair or restore the Property or to pay sums secured by this Mortgage, whether or not then due.
Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of
the Property covered by this Mortgage at any trustee's sale or other sale held under the provision of this Mortgage,
or at any foreclosure sale of such Property.
Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is
in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing
Indebtedness shall constitute compliance with the insurance provisions under this Mortgage, to the extent
compliance with the terms of this Mortgage would constitute a duplication of insurance requirement. If any proceeds
from the insurance become payable on loss, the provisions in this Mortgage for division of proceeds shall apply only
to that portion of the proceeds not payable to the holder of the Existing Indebtedness.
11. EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this Mortgage, including any
obligation to maintain Existing Indebtedness in good standing as required below, or if any action or proceeding is
commenced that would materially affect Lender's interests in the Property, Lender on Grantor's behalf may, upon
notice to Grantor, but shall not be required to, take any action that Lender deems appropriate. Any amount that
Lender expends in so doing will bear interest at the rate charged under the Credit Agreement from the date incurred
or paid by Lender to the date of repayment by Grantor. All such expenses, at Lender's option, will (a) be payable on
demand, or (b) be added to the balance of the credit line. This Mortgage also will secure payment of these amounts.
The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may
be entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to
bar Lender from any remedy that it otherwise would have had.
Page 6 of 13
12. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Properly are a part
of this Mortgage.
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property (including a
leasehold interest, if any), free and clear of all liens and encumbrances except those of record, and (b) Grantor has
the full right, power, and authority to execute and deliver this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title
to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that
questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's
expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the
proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver, or cause
to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all
existing applicable laws, ordinances, and regulations of governmental authorities.
13. EXISTING INDEBTEDNESS. The following provisions concerning existing indebtedness (the "Existing
Indebtedness") are a part of this Mortgage.
Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing
lien, if there is such a lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing
Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such
indebtedness, or any default under any security documents for such indebtedness.
No Modification. Grantor shall not enter into any agreement with the holder of any mortgage or other security
agreement which has priority over this Mortgage by which that agreement is modified, amended, extended, or
renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances
under any such security agreement without the prior written consent of Lender.
14. CONDEMNATION. The following provisions relating to condemnation of the Property are a part of this
Mortgage.
Application of Net Proceeds. If all or any part of the Property is condemned, Lender may at its election require that
all or any portion. of the net proceeds of the award be applied to the Indebtedness under the Line of Credit Home
Equity Agreement, subject to the terms of any mortgage or deed of trust with a lien which has priority over this
Mortgage. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and
attomeys' fees necessarily paid or incurred by Grantor or Lender in connection with the condemnation.
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and
Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may
be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be
represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to
Lender such instruments as may be requested by it from time to time to permit such participation.
Page 7 or 13
16. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following
provisions relating to governmental taxes, fees and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to
this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the
Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred
in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps,
and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to.which this section applies: (a) a specific tax upon this type of
Mortgage or upon all or any pad of the Indebtedness secured by this Mortgage; (b) a specific tax on Grantor which
Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (c)
a tax on this type of Mortgage chargeable against the Lender or the holder of the Credit Agreement; and (d) a
specific tax on all or any portion of the indebtedness or on payments of principal and interest made by Grantor.
16. FURTHER ASSURANCES. The following provisions relating to further assurances are a part of this
Mortgage.
Further Assurances. Upon request of Lender, Grantor will make, execute and deliver, or will cause to be made,
executed or delivered, to Lender or to Lenders designee, and when requested by Lender, cause to be filed,
recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may
deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing
statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in
the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve
(a) the obligations of Grantor under the Credit Agreement, this Mortgage, and the Related Documents, and (b) the
liens and security interests created by this Mortgage on the Property. Unless prohibited by law or agreed to the
contrary by Lender in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with
the matters referred to in this paragraph.
17. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, terminates the credit line account,
and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and
deliver to Grantor a suitable satisfaction of this Mortgage. Grantor will pay, if permitted by applicable law, any
reasonable termination fee as determined by Lender from time to time.
18. DEFAULT. Each of the following, at the option of Lender, shall constitute an event of default ("Event of
Default") under this Mortgage: (a) Grantor commits fraud or makes a material misrepresentation at any time in
connection with the credit line account. This can include, for example, a false statement about Grantor's income,
assets, liabilities, or any other aspects of Grantor's financial condition. (b) Grantor does not meet the repayment
terms of the credit line account. (c) Grantor's action or inaction adversely affects the collateral for the credit line
account or Lender's rights in the collateral. This can include, for example, failure to maintain required insurance,
waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account, transfer of
title or sale of the dwelling, creation of a lien on the dwelling without Lender's permission, foreclosure by the holder
of another lien, or the use of funds or the dwelling for prohibited purposes.
Page 8 of 13
19. GRANTOR'S RIGHT TO CURE. Upon the occurrence of any Event of Default (other than fraud or material
misrepresentation) and prior to exercising any of the rights and remedies provided in this Mortgage or by law, Lender
shall give notice as provided in the Mortgage and as required by applicable law. The notice may be combined or sent
with any notice required by applicable law and shall specify: (a) the Event of Default; (b) the action required to cure
the default; (c) a date not less than thirty (30) days (or any longer period as required by applicable law or elsewhere
in this Mortgage) from the date the notice is given to Grantor by which the default must be cured and (d) that failure
to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this
Mortgage and sale of the property. The notice shall further inform Grantor of the right to reinstate after acceleration
and the right to assert in a foreclosure proceeding the nonexistence of an event of default or any other defense of
Grantor to acceleration and sale. However if Lender has given Grantor a right to cure with respect to a prior Event of
Default which occurred within three hundred sixty-five (365) days of the present event of Default, Grantor shall not
be entitled to receive the right to cure described in this paragraph.
20. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time
thereafter, Lender, at its option, may exercise any one or more of the following rights and remedies, in addition to
any other rights or remedies provided by law:
Accelerate Indebtedness. Subject to applicable law, Lender shall have the right at its option to declare the entire
Indebtedness immediately due and payable.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of
the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or
sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership,
against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment
of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial
amount. Employment by Lender shall not disqualify a person from serving as a receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the
Property.
Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes
and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney
for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent
court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against
Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the
Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall
be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or
proceeding whatsoever.
Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the
Personal Property or the Real Property by non judicial sale.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to
Lender after application of all amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided
above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall
become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (a) pay
a reasonable rental for the use of the Property, or (b) vacate the Properly immediately upon the demand of Lender.
Page 9 of 13
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Line of Credit
Home Equity Agreement or available at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the
property marshaled. In exercising its rights and remedies, Lender shall be free to sell all or any pad of the Property
together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or
any portion of the Property.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal
Property or of the time after which any private sale or other intended disposition of the Personal Property is to be
made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days
before the time of the sale or disposition.
Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Mortgage shall not
constitute a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or any
other provision. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an
election to make expenditures or take action to perform an obligation of Grantor under this Mortgage after failure of
Grantor to perform shall not affect Lender's right to declare a default and exercise its remedies under this Mortgage.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage,
Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on
any appeal. Whether or not any court action is involved, all reasonable expenses incurred by Lender that in Lender's
opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part
of the Indebtedness payable on demand and shall bear interest from the date of expenditure until repaid at the Credit
Agreement rate. Expenses covered by this paragraph include, without limitation, however subject to any limits under
applicable law, Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys'
fees for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals and
any anticipated post judgment collection services, the cost of searching records, obtaining title reports (including
foreclosure reports), surveyors' reports, and appraisal fees, and title insurance, to the extent permitted by applicable
law. Grantor also will pay any court costs, in addition to all other sums provided by law.
21. GRANTOR'S RIGHT TO REINSTATE. If Grantor meets certain conditions, Grantor shall have the right to
have enforcement of this Mortgage discontinued at any time prior to the earlier of (1) five (5) days (or such other
period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale
contained in this Mortgage or (ii) entry of a judgment enforcing this Mortgage. Those conditions are that Grantor: (a)
pays Lender all sums which would then be due under this Mortgage and the Credit Agreement had no acceleration
occurred; (b) cures all other defaults under this Mortgage and the Credit Agreement; (c) pays all reasonable
expenses incurred in enforcing this Mortgage, including, but not limited to, reasonable attorneys' fees; and (d) takes
such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's rights in the
Property and Grantor's obligation to pay the sums secured by this Mortgage shall continue unchanged. Upon
reinstatement by Grantor, this Mortgage and the obligations secured hereby shall remain fully effective as if no
acceleration had occurred but Lender shall not be obligated to make any more credit advances. This right to
reinstate shall apply if Grantor has not previously exercised the right to reinstate under this same Mortgage.
Page 10 of 13
22. NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any notice
under this Mortgage shall be in writing and shall be effective when actually delivered or, if mailed, shall be deemed
effective when deposited in the United States mail first class, registered mail, postage prepaid, directed to the
addresses shown near the beginning of this Mortgage. Any party may change its address for notices under this
Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change
the party's address. All copies of notices of foreclosure from the holder of any lien which has priority over this
Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. For notice purposes,
Grantor agrees to keep Lender informed at all times of Grantors current address.
23. ASSOCIATION OF UNIT OWNERS. The following provisions apply if the Real Property has been submitted
to unit ownership law or similar law for the establishment of condominiums or cooperative ownership of the Real
Property:
Power of Attorney. Grantor grants an irrevocable power of attorney to Lender to vote in its discretion on any matter
that may come before the association of unit owners. Lender shall have the right to exercise this power of attorney
only after default by Grantor; however, Lender may decline to exercise this power as it sees fit.
Insurance. The insurance as required above may be carried by the association of unit owners on Grantor's behalf,
and the proceeds of such insurance may be paid to the association of unit owners for the purpose of repairing or
reconstructing the Property. If not so used by the association, such proceeds shall be paid to Lender.
Compliance with Regulations of Association. Grantor shall perform all of the obligations imposed on Grantor by
the declaration submitting the Real Property to unit ownership, by the bylaws of the association of unit owners, or by
any rules or regulations thereunder. If Grantor's interest in the Real Property is a leasehold interest and such
property has been submitted to unit ownership, Grantor shall perform all of the obligations imposed on Grantor by
the lease of the Real Property from its owner.
24. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and
agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage
shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the
alteration or amendment.
Applicable Law. This Mortgage shall be governed by and construed in accordance with the laws of the
Commonwealth of Pennsylvania.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to
interpret or define the provisions of this Mortgage.
Grantor's Copy of Documents. Lender agrees to provide Grantor with a conformed copy of both the Line of Credit
Home Equity Agreement and this Mortgage at the time they are executed or within a reasonable time after this
Mortgage is recorded.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate
in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be invalid or unenforceable as
to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other
persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the
limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all
other provisions of this Mortgage in all other respects shall remain valid and enforceable.
Page 11 d13
Successors and Assigns. Subject to the limitations stated in this Mortgage on transfer of Grantors interest, this
Mortgage shall be binding upon and inure to the benefit of the parties, their heirs, personal representatives,
successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender,
without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and the Indebtedness
by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under
the indebtedness.
Time Is of the Essence. Time is of the essence in the performance of this Mortgage.
Waivers and Consents. Lender shall not be deemed to have waived any rights under this Mortgage (or under the
Related Documents) unless such waiver is in writing and signed by Lender. No delay or omission on the part of
Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by any party of a
provision of this Mortgage shall not constitute a waiver of or prejudice the party's right otherwise to demand strict
compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between
Lender and Grantor, shall constitute a waiver of any of Lenders rights or any of Grantor's obligations as to any future
transactions. Whenever consent by Lender is required in this Mortgage, the granting of such consent by Lender in
any instance shall not constitute continuing consent to subsequent instances where such consent is required.
Page 12 of 13
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND
GRANTOR AGREES TO ITS TERMS.
GRANTOR:
I? LOL-- (seal)
_a ? aid MICAL K LEE
(seal)
1Z
MICHAEL WHITTEN
Sig , acknowledged and delivered in the presence of: r ,
W ss WI ess
COMMONWEALTH OF PENNSYLVANIA, ?Umw u lA _ County ss.:
On this, the day of ???-Japx- ' I before me, Co- tl 7y
MICAL K LEE AND MICHAEL WHITTEN the undersigned officer, ersonally appeared
known to me (or satis
within instrument and
IN WITNESS WHEREOF, I hereunto
My Commission ex lr
COMMONWEALTH OF pTNr%YLVANIA
Notarial Seal
Deborah K. Myers, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires April 19, 2011
Member, Pennsylvania Association of Notaries
Title of Officer
Members 1 st Federal Credit Union, Mortgagee within named, hereby certifies that its residence
is 5000 Louise Drive, Mechanicsburg, PA 17055.
By I?
executed the same for the purposes herein contained.
set my hand and officials al.
Page 13 of 13
EXHIBIT A
All that certain property situated in the Township of
Dickinson, in the County of Cumberland, Commonwealth of
Pennsylvania , and being described as follows:
08-31-2197-005. Being more fully described in a deed dated
June 8, 2004 and recorded July 19, 2004, among the land
records of the County and State set forth above, in Deed
Volume 264 and Page 1062.
Permanent Parcel Number: 08-31-2197-005
JOHN M. WHITTEN AND TERRI L. WHITTEN, HUSBAND AND WIFE
735 PINE ROAD, CARLISLE PA 17015
Loan Reference Number 221661
First American Order No: 13057838
Identifier: FIRST AMERICAN LENDERS ADVANTAGE
IIIINIIIINIIWNIII LEE
13057838 PA
FIRST AMERICAN LENDERS ADVANTAGE
OPEN END MORTGAGE
IIIIIIiIII IIII?IIIIIIIIIIIIIIIIINNI 11111111 IIII III
ROART P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200736783
Recorded On 9/21/2007 At 10:55:07 AM
* Instrument Type - MORTGAGE
Invoice Number - 5017 User ID - AF
* Mortgagor - LEE, MICAL K
* Mortgagee - MEMBERS 1ST FEDERAL CR UN
* Customer - FIRST AMERICAN
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $31.50
RECORDER OF DEEDS
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $58.50
* Total Pages - 15
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
a at. cb
RECORDER O D EDS
t?ao
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
Date: September 4, 2008
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE*
This is an official notice that the mortgage on your home is in default, and the
lender intends to foreclose. Specific information about the nature of the default is
provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be
able to help to save your home. This Notice explains how the program works
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE
Take this Notice with you when you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies
serving your County are listed at the end of this Notice. If you have any
questions, you may call the Pennsylvania Housing Finance Agency toll free at
1-800-342-2397.(Persons with impaired hearing can call (717) 780-1869)
Exhibit "D"
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help
explain it. You may also want to contact an attorney in your area. The local bar
association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA
PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): MICAL K LEE
MICHAEL WHITTEN
PROPERTY ADDRESS: 735 PINE ROAD
CARLISLE, PA 17015
LOAN ACCT. NO.: 313330 - 01
ORIGINAL LENDER: Members 1st Federal Credit Union
CURRENT LENDER/SERVICER: Members 1st Federal Credit Union
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU
MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN
CAUSED BY
CIRCUMSTANCES BEYOND
YOUR CONTROL,
IF YOU HAVE A REASONABLE
PROSPECT OF BEING ABLE
TO PAY YOUR MORTGAGE
PAYMENTS, AND
IF YOU MEET OTHER
ELIGIBILITY REQUIREMENTS
ESTABLISHED BY THE
PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - 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 one of the consumer credit counseling agencies listed at the end of
this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF
YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU
MUST BRING YOUR MORTGAGE UP TO DATE. THE PART ()F THic Nr)T1r`9=
CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW
TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the
consumer credit counseling agency listed at the end of this notice, the lender
may NOT take action against you for thirty (30) days after the date of this
meeting. The names, addresses and telephone numbers of designated
consumer credit counseling agencies for the count in which the property is
located are set forth at the end of this Notice. It is only necessary to schedule
one face-to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default
for the reasons set forth later in this Notice (see following pages for specific
information about the nature of your default.) If you have tried and are unable to
resolve this problem with the lender, you have the right to apply for financial
assistance from the Homeowner's Emergency Mortgage Assistance Program. To
do so, you must fill out, sign and file a completed Homeowner's Emergency
Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency.
Your application MUST be filed or postmarked within thirty (30) days of your
face-to-face meeting.
7
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO
OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN
THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are
very limited. They will be disbursed by the Agency under the eligibility criteria
established by the Act. The Pennsylvania Housing Finance Agency has sixty (60)
days to make a decision after it receives your application. During that time, no
foreclosure proceedings will be pursued against you if you have met the time
requirements set forth above. You will be notified directly by the Pennsylvania
Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A
PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS
FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage
Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to
date).
NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender
on your property located at: 735 PINE ROAD, CARLISLE, PA 17015
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MORTGAGE PAYMENTS for the following monthly installments and the
following amounts are now past due: $158.54 for 06-30-08, $199.99 for 07-30-08 and $199.99 for 08-30-
08.
Other charges (explain/itemize):
TOTAL AMOUNT PAST DUE: $558.52
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not
applicable):
HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30)
DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE
TO THE LENDER, WHICH IS $558.52, PLUS ANY MORTGAGE PAYMENTS
AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY
PERIOD. Payments must be made either by cash, cashier's check, certified
check or money order made payable and sent to:
Members 16t Federal Credit Union, 5000 Louise Drive, Mechanicsburg, PA
17055, Attention: Dave Thomas
You can cure any other default by taking the following action within THIRTY (30)
DAYS of the date of this letter: (Do not use if not applicable.)
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within
THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its
rights to accelerate the mortgage debt. This means that the entire outstanding
balance of this debt will be considered due immediately and you may lose the
chance to pay the mortgage in Monthly installments. If full payment of the total
amount past due is not made within THIRTY (30) DAYS, the lender also intends
to instruct its attorneys to start legal action to foreclose upon your mortgaged
property, 735 PINE ROAD, CARLISLE, PA 17015
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be
sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to
its attorneys, but you cure the delinquency before the lender begins legal
proceedings against you, you will still be required to pay the reasonable
attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any
attorney's fees will be added to the amount you owe the lender, which may also
include other reasonable costs. If you cure the default within the THIRTY (30)
DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the
unpaid principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have
not cured the default within the THIRTY (30) 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 Sheriffs Sale. You may do so by
paying the total amount then past due, plus any late or other charges then due,
reasonable attorney's fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriffs Sale as specified in writing by the
lender and by performing any other requirements under the mortgage. Curing
your default in the manner set forth in this notice will restore your mortgage to the
same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest
date that such a Sheriffs Sale of the mortgaged property could be held would be
approximately Three(3) months from the date of this Notice. A notice of the
actual date of the Sheriffs 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 or action will be by
contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Members 18t Federal Credit Union
Address: 5000 Louise Drive, Mechanicsburg, PA 17055
Phone Number: (717) 795-5133 or (800) 283-2328 Ext 5133
Fax Number: (717) 795-5207
Contact Person: Dave Thomas
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end
your ownership of the mortgaged property and your right to occupy it. If you
continue to live in the property after the Sheriffs Sale, a lawsuit to remove you
and your furnishings and other belongings could be started by the lender at any
time.
ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a
buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or
at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF
THE MORTGAGE DEBT OR TO BORROW MONEY FROM
ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY
ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME
POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU
CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE
TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY
FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT
INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY
HAVE TO SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL
BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
Certified Mail # 9171082133393582999149
TO SEEK PROTECTION UNDER THE FEDERAL
BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
Certified Mail # 9171082133393582999156
HEMAP Consumer Credit Counseling Agencies
CUMBERLAND County
Report last updated: 10/15/2007 10:03:08 AM
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
717.334.1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
Servicemembers Civil U.S. Department of Housing MB Approval No. 2502-0565
Relief Act and Urban Development (exp 4/30/2007)
Notice Disclosure Office of Housing
Legal Rights and Protections Under the SCRA
Servicemembers on "active duty" or "active service," or a dependent of such a
servicemember may be entitled to certain legal protections and debt relief pursuant to the
Servicemembers Civil Relief Act (50 USC App. §§ 501-596) (SCRA).
Who May Be Entitled to Legal Protections Under the SCRA?
• Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard,
and active service National Guard;
• Active service members of the commissioned corps of the National Oceanic and
Atmospheric Administration;
• Active service members of the commissioned corps of the Public Health Service;
• United States citizens serving with the armed forces of a nation with which the United
States is allied in the prosecution of a war or military action; and
• Their spouses.
What Legal Protections Are Servicemembers Entitled To Under the SCRA?
The SCRA states that a debt incurred by a servicemember, or servicemember and spouse
jointly, prior to entering military service shall not bear interest at a rate above 6 percent
during the period of military service.
The SCRA states that in a legal action to enforce a debt against real estate that is filed
during, or within 90 days after the servicemember's military service, a court may stop the
proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or
seizure of real estate shall not be valid if it occurs during, or within 90 days after the
servicemember's military service unless the creditor has obtained a court order approving
the sale, foreclosure, or seizure of the real estate.
The SCRA contains many other protections besides those applicable to home loans.
How Does A Servicemember or Dependent Request Relief Under the SCRA?
• In order to request relief under the SCRA, a servicemember or spouse, or both, must
provide a written request to the lender, together with a copy of servicemember's military
orders. The Lender providing this Notice is Members I" Federal Credit Union, ATTN:
Arlanda Dintaman, 5000 Louise Drive, Mechanicsburg, Pennsylvania, 17055. The
phone number is toll free (800) 283-2328.
How Does a Servicemember or Dependent Obtain Information About the SCRA?
The U. S. Department of Defense's information resource is "Military OneSource".
Website: http://www.mi.litaiyonesource.com
The toll free telephone number for Military OneSource are:
o From the United States: 1-800-342-9647
o From outside the United States (with applicable access code): 800-3429-6477
o International Collect (through long distance operator): 1-484-530-5908
• Servicemembers and dependents with questions about the SCRA should contact their
unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal
assistance office locator for all branches of the Armed Forces is available at
http://legalassistance law of mil/content/locator php
form HUD-92070
(2/2007)
USPS - Track & Confirm
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Search Results
Label/Receipt Number: 9171 0821 3339 3582 9991 49
Status: Delivered
Your item was delivered at 7:39 AM on October 6, 2008 in
MECHANICSBURG, PA 17055.
Adds lrn/lieie? . > " Ret?ru QI? E V%e aw Nom a
Wltification Options
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Copyright(D 1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA ® V- ;
Exhibit "E"
http://trkcnfrml.smi.usps.com/PTSIntemet
10/22/2008
USPS - Track & Confirm
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Label/Receipt Number: 9171 0821 3339 3582 9991 56
Status: Delivered
Your item was delivered at 7:39 AM on October 6, 2008 in
MECHANICSBURG, PA 17055.
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MEMBERS 1 sr FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs. NO.:
MICAL K. LEE and .
haCHAEL D. WHITTEN .
A/K/A MICHAEL WHITTEN
DEFENDANT : CIVIL ACTION-LAW
: MORTGAGE FORECLOSURE
VERMCATION
I, Arlanda Dinteman, Collections Officer for Members 1* Federal Credit Union,
being mAhmizsd to do so on behalf of Members I' Fedeaai Credit Union, hereby verify
tbat tho stye nts mode in the famping plcading arc true and cau cct to the best of my
information knowledw and belied I understand that false stets are made sect to
the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to
a u bmides.
Mmibers I" Fedarel Credit Union
Arlanda Dintmmn, Collections
Officer
6
00
CI7 r.
?y Cs
i
F tq_
Sheriffs Office of Cumberland County
R Thomas Kline IV of Cam6rr a Edward L Schorpp
Sheriff Solicitor
Ronny R Anderson' Jody S Smith
Chief Deputy OMCE of THE SHERIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
03/16/2009 06:53 PM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on March 16,
2009 at 1853 hours, he served a true copy of the within Complaint and Notice, upom the within named
defendant, to wit: Mical K. Lee, by making known unto Michael D. Whitten, husband of defendant, at 735
Pine Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him
personally the said true and correct copy of the same.
03/16/2009 06:53 PM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on March 14,
2009 at 1853 hours, he served a true copy of the within Complaint and Noticue, upon the within named
defendant, to wit: Michael D. Whitten, by making known unto Michael D. Whitten personally, at 735 Pine
Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him
personally the said true and correct copy of the same.
SHERIFF COST: $50.72 (PAID)
March 17, 2009
SO ANSWERS,
R THOMAS KLINIE, SHERIFF
Deputy Sheriff
Docket No. 2009-1353
Members 1st v Michael Whitten
co
IC
L
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1sT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
MICAL K. LEE and
MICHAEL D. WHITTEN a/k/a
MICHAEL WHITTEN
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 09-1353
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
PRAECIPE TO SETTLE, DISCONTINUE & END
To the Prothonotary:
Please mark the docket in the above captioned matter settled, discontinued and
ended without prejudice.
Date: April 28, 2009
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
Attorney for Plaintiff