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Home My WebLink About09-1378 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC 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, Illinois 60126 V. Lisa A. Kepes 356 Park Avenue New Cumberland, Pennsylvania 17070 and Louis R. Kepes 356 Park Avenue New Cumberland, Pennsylvania 17070 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number O?-13 N 011/1 i V rm CIVIL ACTIONIMORTGAGE FORECLOSURE T` lp le` od tti ?W" om so NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that ifyou 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. 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 HIRING A LAWYER. 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, Pennsylvania 17013 (800) 990-9108 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. 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 PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Household Finance Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Lisa A. Kepes, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 356 Park Avenue, New Cumberland, Pennsylvania 17070. 3. The Defendant is Louis R. Kepes, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 356 Park Avenue, New Cumberland, Pennsylvania 17070. 4. On July 17, 2007, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 2000, Page 2343. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 356 Park Avenue, New Cumberland, Pennsylvania 17070. The mortgage is in default because monthly payments of principal and interest upon said mortgage due September 23, 2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 158,022.44 Interest through January 22, 2009 $ 6,844.56 (Plus $45.03 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 435.96 GRAND TOTAL $ 166,552.96 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 Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $166,552.96, together with interest at the rate of $45.03 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. BY: J Attorneys for P intiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: Attorneys for lainti f TERRENCE . McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE QQ ' ' :. This instrument was preparod by: lipOF1A11dh 26 G 1- 4 ,7p, SUM 107 Return To: Records Processing Services S77 Lamont Road ElmhurstlL 60126 (SOD) 547.8776 UPI g -"aZSF- (f T P. ZIEGLER "=ECOROER OF DEEDS" 3ERLA10 COUNTY -I I? J?t..2,f1 .PP9.?121? 713803 IMORTGAGE IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day 17TH of JULY 2007 , between the Mortgagor, LOU I S R. KEPES AM L I SA A. , ET] The following paragraph preceded by a chocked box is applicable. x WHEREAS, Borrower is indebted to Lender in the principal sum of S SA evidenced by Borrower's bean Repayment and Security Agreement or Se?eTaan Ag acs. cut dated gg V 17 2= and any extonsions or renewals thereof (herein "Note'), providing or mou y imtellrawts psi and interest, including any adjustments to the amount of payments or the contract rate it that rate is variable. with the balance of the indebtedness, if not sooner paid, due and payable on jj1 V 17, 2M-' F] WHEREAS, Borrower is indebted to Leader in the principal sum of S or so much thereof as may be advanced pursuant to Borrower's Revolving ant dated and extensioas and renewals thereof (herein "Note"), providing for monthly I manta, a interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of S TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon. including any locresses if the contract rate is variable; (2) futturo 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 Mortpge; and (4) the perforntanat of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Leader and Leadees successors and Resigns the following described property located in the County of CUABEPLAND Commonwealth of i?ionnsylvania: SEE EXHIBIT A-LIGAL DZSCRIPTION 16a0 A0019010 K1iPES M ORIGINAL FAC01301 11- i- XhIDIT A M280JJPGZ343' -.Tone a-ia•ga s16A r UMBERLAND COUNTY Ins /200725321 - Page 1 of 10 (fiWain rrowar =ages -2- TOGETHER with all the improvements now or handler erected an the property, and all easements, rights, appurtenances and rents. all of which shall be deemed to be and remdo a part of the proparty covered by this MortgW, and all of the foregoing, together with amid. property (or the leasehold estate if this Mortgage io on a lessabold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby emveyed and has the right to mortgage, grant and convey the Property, and that the property is unencumbered, except for encumbrances of regd. 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 se follows: 1. Payment of Principal, Internet, Escrow Items, Prspaya wet Charges, and Late Charges. Borrower shall pay when due the principal of. sad interest (indttdang any variations in interest resulting from diattges in the Cattract Rata that away be spedfiad M the Now) on, the debt evidenced by the Note and my prepayment chess and late charger doe under do Now Borrower doll sho pay funds for Bwow Items puranat to Secum 3. Payments duo under the Nob sad this Security Instrument shall be rude in U.S. currency. However, if any check or other Instrument received by Lander as payment under the Note or this Security I wwi ment is returned to Lender unpoK Linder may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, a selected by Lender. (a) cah; (b) money order; (c) certified check. bank check, trasruer's check or caahier's check, provided any such check is drawn upon an institution whose depoeits in insured by a federal agency. instrumentality, or entity-, or (d) Electronic Funds Trader. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in section 12. Lender may return any payment or partial payment if the payment or partial payments are insufCncrent to bring the Loam currant. Lander may accept say payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to retu n arch payment or partial payments in the future, but Lander is not obligated to apply such payments at the time such pi ymeats are accepted. If awh Periodic Payment is applied as of its scheduled due date, than Larder need not pay interest on unapplied funds. Lander may hold such uospplied funds until Borrower makes payment to bring the Loan current, If Borrower does not do so within a reasonable period of time, Lander shall either apply such funds or return than to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might love now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. AppHostion of Payments or Proceeds. Enept as otlm*%o described in this Section 2 or as may be required by the Nate ardfar sppliraable law, all payments accepted and applied by Lander doll be applied in the following order of priority- (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts stall be applied rust to late charges. second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the NOW If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment 11-11-05 MTS PAN 1392 N04111844239WOUNFASO/0e10"ItEM N M1610L M MXV1A A-151A AM CUMBERLAND COUNTY ".0 200725321 - Page 2 of 10 -3- and the late charge. It more than one Periodic Payment is outstsixding, Lander may apply any payment received from Borrower to the mpayamt of the Periodic Payments if, and to the , -, - that, each payment can be paid in full. To the extent that may access eodets after the payment is applied to the full payment of one or more Periodic Payments4 sucb excess may be applied to any lots charges due. Voluntary Prepayments shall be applied first to any praoytnent dwpe and then as described in the Note. Any application of payments, insurance procee* or Nwaliancoue Proceeds to principal due under the Note shell not ethane or postpone the due date, or charge the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Leader on the day Peridic Payments are duo under the Note, until the Nott is paid in full. a suns (the `Funds') to provide for payment of amounts due for, (a) taxes and assessments and other items which coo attain priority over this Security Instrument as a lien or encumbrance on the Property ; (b) leasehold payments or pound rasa on the Property, if any; (c) premiums for any and all insurance required by Lander under Section S; and (d) Mortgage Insurance premiums, if any. These items are called "Escrow Items.' At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Foes, and Assessments, if any, be escrowed by Borrower. and such dues. fees and assessments stroll be an Escrow Item. Borrower shall promptly furnish to I.mtdcr all notices of amount s to be paid under this Section. Borrower #WI pay Lender the Funds for &crow, iits= unless Lender waives Borrower's obiiptioa to pay the Funds for any or all Becrow Items. Leader may waive Borrower's obliption to pay to I.entkr Funds for any or all Bsctow Iftne at my time Any such waiver may only be is writing. In the event of such waiver. Borrower shall pay directly. when and whore psyaW the amotlnta due for any Escrow Items for which payment of Fonda has bean waived by 1.eodse 424111 ,e requires. shall furnish to Lander receipts evidencing arch payment within such time period se I.srtdar may require. Borrower's obligation to make such payments and to provide receipts WWI for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase 'covenant and agreement" is used in Section 7. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lander may exercise its rights under Section 7 and pay such amount and Borrower shall that be obligated under Section 7 to repay to bender any such amount. Lender may revoke the waiver se to any or all Eiserow Items at any time by a notice given in accordance with Section 12 and, upon such revocation, Borrower shall pay to Lender ail Funds, and in such amounts, that are then required under this Section 3. Leader may, at any time. collect and bold Funds in an amount (a) sufficient to permit Lender to apply the Fiends at the time specified under RBSPA. and (b) not to exceed the maximum amount a lender can require under the Real Betate Settleamt Procedures Act (12 U.S.C. Section 7601 at seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3.M. as they aright bo amended from time to time, or any additional or successor legislation or regulation that warns the some subject matter. As used in this security instrument, "RBSPA" ratere to all mWiremertts and restrictions that are imposed in regard to a "federally related mortgage loan" even if the loan does not qualify as a 'federally related mortgage loan' under RESPA. Lender shell estimate the amount of Funds duo on the basis of current data and resemble estimates of expenditures of future Escrow Items or othawiss in accordance with Applicable Law. The Furde shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lander, if bender is an institution whose deposits are so insured) 11-11-05 MTO "KF41684e239MGSMPA40130WMMM * O1t1eFN?l fIMoP62345 FA0aIM 01/272009 8:15:18 AM CUMBERLAND COUNTY Inst.# 200725321 - Page 3 of 10 -4- or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RHWA. Leader dill not chap Borrower for holding and applying the Funds, annually analyzing the eatow account, or verifying the Bmw Items, unless Lender pays Borrower interest on the Funds and applicable law permits balder to make such a cheap. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Foods. Leader shall not be required to pay Borrower any interest or earnings on the Puun& Borrower and Lender can agree in writing, however, that interest ahdl be pad an the Funds. Lender shall Siva to Borrower, without charge, an annual accounting of the Funds as required by RBSPA. If there is a surplus of Funds held in escrow, as defined under RBSPA, bander sha11 account to Borrower for the excess funds in accordance with RBSPA. If there is a shortage of Funde held in escrow. as defined under RBSPA, Lender shall notify Borrower as nequdred by R13VA. and Borrower shall pay to Louder the amoucd neeewary to mab up tbs dwatap in socadence with RaspA. but in no mare then 12 monthly paymeas. 9 there is a dd[alaw of Funds held is aawow, as defitwd under RESPA. Lender shell notify Borrower a inquired by RBSPA, and fixtower shall pay to Leader the amount necessary to make up the dedWency is accordance with RBSPA, but in no more then 12 monthly payments. Upon payment in full of ail sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Prior MortSegea and Dead of Trust. Charew Liens. Borrower shall perform all of Borrower's obligations under " mortgage, deed of Irish 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 taw assessments and odor charge, flans and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hatard Insurance. Borrower ahali keep the improvemeats now existing or hereafter erected on the Property insured against lose by fire, hazards included within the term "atended coverage," and such other hazards as Lender may require. The ltwu rsoce carrier providing the insurance shall be ebosen by the Borrower subject to approval by Leander; provided, that such approval shall not be unreasonably withheld. All insurance policies and rawwals thereof shall be in a form acceptable to Lender and thrall 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 thereat, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over thin Mortgage. In the event od loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lander may make proof of loco if rust made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lander within 30 days from tho date notice is mailed by Loader to Borrower that the insurance carrier offers to settle a claim for insurance batnBta. Lender is authorised to collect and apply the insurance proceeds at Lender's option either to restoration or repair of thePropsrtyortothesums grainedbythis MorWp. 6. Preservation and Maintenance of Property; LassehoW, CoadooWums; Planned Unit Developments. Borrower shall keep the Property in good repair and dnll 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 obligations under the declaration or covenants creating or 11-11-06 MTG 9W41510e439M1f "OPA40130400KIM • ORI&IINL PA001304 2 3 4 6 oV27@009 8:15:18 AM CUMBERLAND COUNTY InsL# 200725321 -Page 4 of 10 -s- governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unitdavelopment, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially effects Lorhder'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' foes. and tairesuch action as is noeeoary to Protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shalt become additional indebtedness of Bonvwor socueed by this Murtgage. Unless Borrower and Lender agree to other terms of payment. such amounts shall be payable upon notice from Lender to Borrower requesting payment thercot. Nothing contained in this paragraph 7 shall require Lender to incur any etpense or take any action hereunder, 8. Inspection. Lender may talon or cause to be made reasonable entries upon and iaspsedons 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. 4. Condemnation. The proceeds of any award or claim for damages, direct or coneequemtial, in commotion with any condemnation or other takingef the Pr+oporty, or part thereof, or for comveyanm in lieu of condemnation, are hereby swigaW and shall be paid to Loader, subject to the terms of any mortgage, deed of trust orothersecurityagreement withalieawhich haspriorityovarthish4ortgoge. 10. Borrower Not Released; Forrboarsace By Lander Not a Waiver. Bnonsim of the time for payment or modification of amortisation of the soars saoueed by thin hhxi mugs grntled by Lender to any suoceaaor in interest of Borrower shall am operate to release, in any manner, the liability of the original Borrower and Burrowees sc amsiors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment Cr otherwise modify amortization of thesu m$ secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Leader in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude thsaxercise of any such right or remedy. 11. Successors and Assigns Hound; Joint and Several Liability; Co-sipers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to. the n+espective successors and ensigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-4m this Mortgage, but does not exacute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to bender under the terms of this MOripa j% (b) is not pwoonally liable on the Note or under this Mortgage, and (c) agrees that Lender and say other Borrower heraunder may agree to esterd, modify. forbear, or make any other accommodations with regard to the toraw of this Mortgage or the Note withoutthat Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Fwcept for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in thisMortgage 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 adders as Borrower may designate by notice to Leader 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 access as Lender may designate by notice to Borrower as provided herein. Any noti oe provided for in this Mortgage shall be deemed to have beds given to Borrower or Lender when given in the manes' designated herein. 13. Governing Law; Saverability. The applicable law oontainad in the Note ahall control. Where no applicable law is contained therein, the state and local laws applicable to this Mortgage shag be the taws of the iuriadiction_3s which-thsPlrnoarttriakm ai Thelasseal rc.sseaa?abalt not Emit tea aneiieability 11-11-06 MTi "ICwtsaoazslerrrolOesrAOO»s8a??1C?ES w anrsIwu. PA0at305 WHOM 2347 n1A7*002 8:15:18 AM CUMBERLAND COUNTY (nstO 200725321 -Page 5 of 10 -6- of Federal law to this Mortgage. In the event that any provision or clause of this Kdortpgo or the Note conflicts with applicable law, such eorAict shall not affect other provisions of this Mortpgs or the Note which can be given affect without the conflicting provision, and to this std the provismw of this Mortgage and the Note we declared to be seva sbi m. As used hoeetn, 'costs,' 'axpaneea" and 'snorneye fees" include all awns to the aisnt not prohibited by appliaable law or limited herds 14 Borrower's 'Copy. Borrower shall be furnished a conleemd copy of the Note and of this Moripp at the timed execution or atar recotdstim bereof . 13. Rehabilitation Len Agreement. Borrower doll fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Boreowac enters into with Leader. Leader, at Lander's option, may require Borrower to execute and deliver to Lender. in s form acceptable to Lender, an assignment of may rights, claims or defenses which Borrower may have spinet p"cowhosupplylabor, matecialsorserviaaincoanectionwith improvements madetothe pmoparty. 16. Treader of the Property. If Borrower sells or tranders 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 tannot, (e) the grant of any leasehold interest of thras yam or toss not coos idng an option to purchase, (d) the c restion of a purchase money security inter for household appliencea, (a) a trarlidw 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 mender 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 unsfoar into an imor vivos trust in which the Borrower is and remains s beneficiary and which does not relate to a under 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 Lander to evaluate the transferor as if a new loan were being made to the tranderee. Borrower will continue to be obligated under the Note and this Mortgage unless Lander releases Borrower in writing. If Lender oboes not agree to such rile or under, Leader may declare all of the sums secured by this Mortgage to be immediately due ad payable. If Larder ettercisas rich option to acoeterate. Leader mull mail Borrower notice of acceleration in soeordsm with paragraph 12 hereof. Such notice shall provide a period of not lase 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 Leader further covenant and agree as follows 17. Acceleration: Remaedies. Except as provided in paragraph 16 hereof. upon Borrower's broach of any covenant or agreement of Borrower in this Morttage, including the covenants to pay when die any sums secured by this Mortgage, Leader prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying (1) the breach; (2) the action rapired to cure each breach: (3) a date, so lass than 30 days from the date aka notice is atdled to Borrower, by which such breenk must be cured; and (4) that failure to cur such breach on or before the date specified in the notice may ranch in acceleration of the sums secured by this Mortgage, foreclose m by judicial proceeding, and sale of the property. The 11-11-09 MTG ?gfF419tet2El?ROlet10PA0a190e0?rItEPE3 " OA161WLL ln.F??Q i PG 2 3 4 8 PA001305 01/2712008 8:15:18 AM CUMBERLAND COUNTY last.# 200725321 -Page 6 of 10 -7- notice shall further inform Borrower of the right to reinstate after aecelbrstioa and the right to assert in the foreclosure proceeding the neaetee of a datault at my other defense of Borrower to acceleration and foreclosure. H the broach is not erred on or before the date specified in the notice, Leader, at Leader's option, easy declare all of the stuns secured by this Mortgage to be immediately due and payable without farther denwad end may foreclose this Mortgage by judicial proceeding. Lender "I be entitled to eo1leet in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys fees and costs of documentary evidence, abstracts and title reports. 18, Borrower's Right to Raiastate. Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any pmeeedings begun by Lender to enforce this Mortgage disoontiaued st any time prior to entry of a judgment enforcing this Mortgage if (a) Borrower pop Lander alt sums whicb would be than due under this h1ortgs,e and the Note had no accelem4on ooctread; (b) Borrower ewes all btaaches of any other covenants or agreements of Borrower contained in thin blurtpp; (c) Borrower pays all reasonable expenses incurred by Lender in eoMrciag the covenants and speemeata of Borrower contained in this Mortp'e, and In enforcing Leader's remadies as provided in paeapaph 17 heraof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assume. that the lion of this Mortgge, -Lender's interest In the Property and Borrower's obligation to pay the sums secured by this Mortgaga doll continue unimpaired. Upon such payment end cure by Borrower, this Mortgage and the obligations secured hereby aWl 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 shat!, 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 absadonrnent of too Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, tale possession of cad mamga the Property and to collect ft rants of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of manspa ant of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's boards and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver d WI be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage. Lander studI release this Mortgage without charges to Borrower. Borrower shall pay all eoeta of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of hosneuead exemption in the Property under state or Federal law. 22. Interest Rate After Jwtgmnat. Borrower agrees the interest rue payable after a judgment is entered on the Note or in as action of mortgage foreclown shall be the rate misted in the Note. 23. Arbitration Rider to Note. The Arbitration Rider attacbed to and made a part of the Note is hereby incorporated by reference and made a pint of this Mortgage. 11-11-0e. sate MRF413a0a2a9W04000PA001=70* FPn M W101M%L PANIS07 02 OOPG2349 0112712008 8:15:18 AM CUMBERLAND COUNTY matte 200725321 - Page 7 of 10 -8- REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lander request the holder of any mortps, deed of trust at other eacurnbranoa with a Ben which has priority over this Mort" to Sire Nodoe to Lender, at Larder's address ad forth on pass one of this Mortppap, of any default under the superior dw n Nwm and of any sale or other fotedasure action. 1Capes a A Kepas -Borrower I hereby mdfy that the precise address of the Lender (Mortppe) ia: My Commission'ir.//Aq/' Notary On behalf of the Leader. By: Ryan D R.uasel.l Title Srancb Eanager COMMONWEALTH OF PENNSYLVANIA. Cursbarland County as: 1. blvdatte 11 a Hieffelfianor a Notary Public in and for said county and state, do hereby peraaunily known to ma or pa+etran y to same Parana s subscribed to the fm con; instrument, app mnW before me this day in preraon, and acknow Rat t the X_dps d and d !vwW the said instrument as their free voluntary i&Uor tho uses and purposes therein set forth. Given under my hand and official seal, this 17th of July , 2D07 act, for the uses and purposea therein set forth. COMMONWEALTH OF PENNSYLVANIA, County 9!R I, a Notary Public in and for said county and state, do hereby certify that personsily known to me or proven satisfactorily to same parson a w narn s subscribed to the foregoing instrument, appeared before me this day in person, and aclurow t t he signed and delivered the said instrument as free voluntary Given under my hand and official seal, this day of . My Commission expires Notary Public ?eanMMeit w is1111s -44 140 0 t "''PA001303 tt-71-OS AM srwasar, +?IC?4158082S9MRIi9008PA0o13oa7?ICEPES ¦ d11a11w1 `OQQPG2350 01127!2009 8:15:18 AM CUMBERLAND COUNTY lnst.0200725321 - Page 8 of 10 -9- (Spam Below This Lies Reserved Par Lauder and ReoordeO 11-11-05 MTG 1 NXF41S9O92399MT69000PAOO13090MMCEPES ¦ 01ti01lML OZ•OOOPG2 3 51 PA001309 t1i/EMW9 8:15:18 AM CUMBERLAND COUNTY Inst.# 200725321 -Page 9 of 10 EXHIBIT A (PANE 1) ALL THAT CERTAIN PROPERTY SITUATED IN 7H€BOROU6H OF NEW CtAGERLAW) IN THE CUM OF Q AND CMMMI EALTH OF PENNSYLVANIA, BE I N8 MORE RJLLV DEBCR IBM IN A OM DATED 03/10/2005 AND RECORDED 03/1112W S. AMM THE LAND RECOROS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 267 AND PAGE 4416. TAX MAP OR PARCEL ID NO.: 2B-24-0811-048 i `: :135 :.!T he MCOTded 0'11'?c,ri and County PA R rs,o re= of. Deeds NKF41SWIMWMONWMDIS0WMAEM 1* BRl9INAL 90.P62352 01/27/2009 8:15:18 AM CUMBERLAND COUNTY Inst# 200725321 - Paps 10 of 10 551 Sheriffs Office of Cumberland County R Thomas Kline at 4 HM6r1'4 hdward L acnorpp Sheriff Solicitor Ronny R Anderson h` Jody S Smith Chief Deputy OMCE oP'T"E S14ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/09/2009 Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 9, 2009 at 1700 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lisa Kepes, by making known unto Lisa Kepes personally, at 356 Park Avenge, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 03/09/2009 05:00 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 9, 2009 at 1700 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Louis Kepes, by making known unto Louis Kepes personally, at 356 Park Avenue, New Cumberland, 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: $59.30 (PAID) March 14, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF jDy4She`r?i?f ?F- Docket No. 2009-1378 Household Finance Consumer Discount Company v Lisa A. Kepes rv ?`' ter' c? .x '` ? ? "+ '? , ?. '? , ;$ . " . ? "+n.. ?_ •? V