HomeMy WebLinkAbout09-4544Jj
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
TO: h caw ?, ? r` r11 k` i..
You are hereby notified to
file written response to the enclosed
L_-, ,-- C??r r ( Clwithin
twenty (20) days from the service hereof
or & judgment may be entered against you.
Attorney ?rftin?fiff
PI
Attorney for Plaintiff
File: 22.10471
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Household Finance Consumer Discount
Company
636 Grand Regency Boulevard
Brandon, FL 33510,
Plaintiff,
Vs.
Shawn E. Jarmuzek
11 Wayne Road
Camp Hill, PA 17011,
and
Tonya Ramos
11 Wayne Road
Camp Hill, PA 17011,
ti i?ro
No..0- L I/i
CIVIL ACTION
MORTGAGE FORECLOSURE
Defendants.
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or
by attorney and filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other
rights important to you.
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 S. Bedford Street
Carlisle, PA 17013
717-249-3166
800-990-9108
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
1. This communication is from a debt collector. This is an attempt to collect a
debt and any information obtained will be used for that purpose.
2. Unless you dispute the validity of this debt, or any portion thereof, within
30 days after receipt of this notice, the debt will be assumed to be valid by our
offices.
3. If you notify our offices in writing within 30 days of receipt of this notice
that the debt, or any portion thereof, is disputed, our offices will provide you with
verification of the debt or copy of the Judgment against you, and a copy of such
verification or judgment will be mailed to you by our offices.
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Household Finance Consumer Discount
Company
636 Grand Regency Boulevard
Brandon, FL 33510,
Plaintiff,
Vs.
Shawn E. Jarmuzek
11 Wayne Road
Camp Hill, PA 17011,
and
Tonya Ramos
11 Wayne Road
Camp Hill, PA 17011,
Defendants.
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION
MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, Household Finance Consumer Discount Company (the "Plaintiff'), is a
corporation registered to conduct business in the Commonwealth of Pennsylvania and having an
office and place of business at 636 Grand Regency Boulevard, Brandon, FL 33510.
2. Defendants, Shawn E. Jarmuzek and Tonya Ramos, (collectively, the "Defendants"),
are adult individuals and are the real owners of the premises hereinafter described.
3. Shawn E. Jarmuzek, Defendant, resides at 11 Wayne Road, Camp Hill, PA 17011.
Tonya Ramos, Defendant, resides at 11 Wayne Road, Camp Hill, PA 17011.
4. On May 7, 2008, in consideration of a loan in the principal amount of $123,772.93,
Shawn E. Jarmuzek, the Defendant, executed and delivered to Household Finance Consumer
Discount Company a note (the "Note") with interest thereon at 10.79 percent per annum, payable
as to the principal and interest in equal monthly installments of $1,194.37 commencing June 12,
2008.
5. To secure the obligations under the Note, the Defendants executed and delivered to
Household Finance Consumer Discount Company a mortgage (the "Mortgage") dated May 7,
2008, recorded on May 12, 2008 in the Department of Records in and for the County of
Cumberland under Mortgage Instrument Number 200815643. See Mortgage attached. Pursuant
to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference.
6. The Mortgage secures the following real property (the "Mortgaged Premises"): 11
Wayne Road, Camp Hill, PA 17011. A legal description of the Mortgaged Premises is attached
hereto as Exhibit "A" and made a part hereof.
7. The Defendants are in default of their obligations pursuant to the Note and Mortgage
because payments of principal and interest due January 12, 2009, and monthly thereafter are due
and have not been paid, whereby the whole balance of principal and all interest due thereon have
become due and payable forthwith together with late charges, escrow deficit (if any) and costs of
collection including title search fees and reasonable attorney's fees.
8. The following amounts are due on the Mortgage and Note:
Balance of Principal ................................$121,681.80
Accrued but Unpaid Interest from
12/12/08 to 7/7/09
@ 10.79% per annum
($35.97 per diem) ........................................$7,481.76
Accrued Late Charges ....................................$358.26
Escrow Advance ..........................................$1,565.32
Title Search Fees ............................................$350.00
Reasonable Attorney's Fees ........................$1,250.00
TOTAL as of 07/07/2009 ........................ $132,687.14
Plus, the following amounts accrued after July 7, 2009:
Interest at the Rate of 10.79 per cent per annum ($35.97 per diem);
Late Charges of $59.71 per month.
9. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session
of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the
Defendants at 11 Wayne Road, Camp Hill, PA 17011 as well as to address of residences as
listed in paragraph 3 of this document on June 1, 2009, the notice pursuant to § 403-C of Act 91,
and the applicable time periods therein have expired.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for
foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8,
namely, $132,687.14, plus the following amounts accruing after July 7, 2009, to the date of
judgment: (a) interest of $35.97 per day, (b) late charges of $59.71 per month, (c) plus interest at
the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if
any) hereafter incurred, (e) and costs of suit.
MILSTEAD & ASSOCIATES, LLC
Mary L. Harbert-Bell, Esquire
Attorney for Plaintiff
VERIFICATION
I, Mary L. Harbert-Bell, hereby certify that I am an Attorney for Plaintiff and am authorized to
make this verification on Plaintiffs behalf. I verify that the facts and statements set forth in the
forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge,
information and belief. This verification is made subject to the penalties of 18 Pa. C. S. ' 4904,
relating to unsworn falsification to authorities.
Name: Mary L. Harbert-Bell, Esquire
Title: Attorney
06-10-'09 12:38 FROM-
EXHIBIT
EXHIBIT A (PACE 1)
T-668 P0011/0012 F-150
ALL THAT CERTAIN PROPERTY SITUATED IN THETOWNSHIP OF LOWLIER
ALLEN IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF
PENNSYLVANIA, 13E1NO MORE FULLY DESCRIBED IN A DEED DATED
08/26/2005 AND RECORDED 0813012005, Al THE LAND RECORDS
OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOL K 270
AND PAGE 3387. TAX MAP OR PARCEL ID NO.: 13-24-0707-126
lI ?l1
101111111151101111
kJ$M9749A9Wy09 WAQQ12600-JMpi = 9 MOM
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KWWdoftrg, PA.
Return To:
Records Processing Services
577 Lamont Road
Elmburct,IL 60126
(800) S47-8T/6
UPI # 13-24-0797-125
T-668 P0002/0012 F-150
713303 MORTGAGE1
ip EOX IS CHECUD, THIS MORTGrAGE IS AN OPEN-END MOR'IYfAGE AND
SECURES FUTURE ADVANCES.
THIS MOMAGE is made this day 7TH of MAY 2008 , between the
Mortgagor.SHAWN E. JARMIIZEK AND TONYA Rte, J/T/R79-
crap " [rower and rtgagee D NC D 1
DRIVE, GATEWAY MA
17055
-? The following paragraph preceded by a checked box is applicable.
l U J WIMEAS, Borrower ie indebtcd to Lender in the principal awns of $ ,
ortgage moan
evidenced by Bormces Loan Repayment and Security Agreement or Seeon ary
Agreement dated and any extensions or renewals thereof (herein
"Now"), providing or monthly installments principal and interest, including any adjustnteuts to the
amount of payments or the contract rate if that rate is variable, with the balanCe of the indebtedness, if
notaooner.paid, due and payable on kW 7. 2DM
F-1 WHEREAS. Borrower is indebted to Lender in the principal sum of S
.
or so much thereof as may be advanced pursuaat to Borrower's Revolving Agreement dated
and extesssiona and renewals thereof (herein 'Note"), providing for
monthly inatal meats, and interest at the rate and under the terms specified in the 146te. including any
adogments in the interest rate if that rats is variable, and providing for a credit limit stated in the
principal sum above and an initial advance of $
TO SECURE to Lander the repayment of (1) the indebtedness evidenced by the Dote, with
interest thereon, including any increases if the contract rate is variable; (2) future advances under any
Revolving Loan Agreement; (3) the payment of all other same, with interest thereon, advanced in
aocordanea herewith to protect the security of this Mortgagr,, and (4) the performance or the oovaoants
and agreements of Borrower herein contained. Borrower does h=by mortgage, grant and convey to
Lender and Lender's successors and assigns the following deecribed property located In the County of
M401" Commonwealth of Pennsylvania:
SEE RXHIBIT A-L$GAL DESCRIPTION ii
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T-668 P0003/0012 F-150
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TOGETHER with all the improvements now or hereafter created on the property, and all
easements, rights, appurwaaam and rents, all of which shall be doomed to be and remain a part of the
property covered by this Mortgage: and all of the foregoing, together with avid property (or the
leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property.'
Borrower covenants that Borrower is IawMy Weed of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property, sad that the property is uner=mben d, raloept for
encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title
to the Property against all claims and demands, subject to encumbrances of record.
UNIFORM COVENANTS. Borrower and Lender eoveuant and agree as follows:
1. Payment of Principal, Interact, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest (including any variations In ingot resulting
from changes in the Contract Rate that may be apoelfield in the Note) on, the debt evidenced by the Note
and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for
Fserow Items pursuant to Section 3. Payments due under the Note and this Security Instrument ahall
be mark In US. currency. However, if say check or other instrument received by Lender as, payment
under the Note or this Security lustmment is returned to Lender unpaid, I Bader may require that any or
all subsequent payments due under the Note and this Security Instrument be made in one or mote of tilt
following forma, as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check,
treasurer's check or cashier's check, provided any such check is drawn upon, an institution whose
deposits are insured by a federal agency, instrumeatdity, or entity: or (d) Electronic Funds Trader,
Payments are deemed received by Lender when received at the location designated In the Note o at
such other location as may be designated by Lender in accordance with the notice provisions in Section
1Z. Lender may retura any payment or partial payment if the payment or partial payments are
Irw icicat to bring the Loan current. Lewder may accept any payment or partial payment insufficient
to bring the Loan current, without waiver of, any rights hereunder or prejudice to its rights to refuse
such payment or partial payments in the future, but Lander is not obligated to apply such payments at
the time such payments are accepted. It each Periodic Payment is applied as of its scheduled due date,
then Larder need not pay interest on unapplied funds. Lender may lwld such unapplied funds until
Borrower makes payment to bring the Loan current. If Borrowers does not do so within a reasonable
period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier,
such funds will be applied to the outstanding principal balance under the Note imniediaWy prior to
foreclosure. No offset or claim which Borrower might have 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.
I Application of Payments or Proceeds, Except as otherwise described in this Section 2 or as
may be required by the Note and/or applicable law, all payments accepted and applied by Lender shall be
applied in the following order of priority. (a) interest due under the Nook (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 shall be applied first to late charges, second to
any other amounts due under this Security Instrument, and then to redues the principal balance of the
Note.
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
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and the late charge. If more than one Periodic Payment is outstanding, Lander may apply any Payment
received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each
payment can be paid in full.'fo the extent that any excess exists after the payment ie applied to the full
payment of one or more periodic Payments, such excess may be applied
and to any then asadescxi in n the
Voluntary prepayments shall be applied first to any prepayment
Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due
under the Note shall not extend or postpone the due date, or change the amount, of the Periodic
Payments.
3. Punds for Barrow Items. Borrower shall pay to Lander on the day Peridic Payments are due
under the Note, until the Note is paid in. full,.a sum (the "funds") to provide for payment of amounts
due for: (a) takes and asaessmcnta and other items which can attain priority over this Security
Instrument as a lien or encumbrance on the Property, (b) leasehold payments or ground rents on the
Property, if any; (c) premiums for any and all insurance required by tender under Section 5: sad (d)
Mortgage Insurance presmiums, if any. These items are called 'Escrow Itww, At origination or at
any time during the term of the Loan. Lender may require that Community Association Dues, Feet,
and Assmaments, if any, be ewrowod by Borrower, and such dues, fees and assessments shall be an
Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this
Section. Borrower shall pay Lender the Pun& for Escrow Items unless Lender waives Borrower's
obligation to pay the Feuds for any or all F.aexow Items. Lender may waive: Borrower's obligation to
pay.to In the the Lender for any all Escrow Items at may time, Any swb waiver pueblo. ft in writing,
due for
In event nt o of such such waiver', Borrower shall pay directly, when and here shall
any Escrow Items for which payment of Funds has been waived by Lendc r sod, If Lender requires.
furnish to Lender receipts evidencing such payment within such time period As-Loader may reg4M
Borrower's obligation to make such paymeats and to provide receipts shall for all purposes be deemed
to be a covenant and agreement contained in this Security Instrument, as the phrme "covenant and
agreement" is used in Section 7. If Borrower is obligated to pay Escrow here 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 then be obligated under. Section 7 to repay to
Lander any evch amotmt, Lender may revoke the waiver as to any or all Escrow Items at any time by a
notice given in accordance with Section 12 and, upon such revocation, Borrower shall pay to Lender all
Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to
apply the Funds at the time specified under RFSPA, and (b) not to exceed the mw6naurn amount a
lender can require under the keel Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and
its implementing regulation. Regulation X (24 C.F.R. Part 35000, as they might be amended from time
to time, or any additional or successor legislation or regulation that governs the same subject matter.
As used in this security instrument, "MPA" refers to all requirements and restrictions that are
imposed in regard to a "federally related, mortgage loan" evea it the loan does not qualify as a "federally
related mortgage loan" under RESPA. Lender shall estimate the amount of birds due on the basis of
current data and reasonable estimates of expenditures of future Escrow Items or otherwise in
accordance with Applicable Law.
The Punds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are ao insured)
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or in any Pede al Home Loan Bank. Lender shall apply the Funds to pay the Escrow home no later
than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the
Funds, anoually analyzing the escrow account, or verifying the Escrow Items, unless Leader pays
Borrower interest on the Funds and applicable law permits Lender to nuke such a charge. Unless an
agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender eball
not be required to pay Borrower any interest or earnings on the Funds, Borrower and Lender can
agree in writing, lowever, that interest shall be paid on the Funds. Lender shall give 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 REMPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in
escrow, as defix-M under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower
shall pay to Larder the amount necessary to make up the shortage in accordance with RWA, but in no
more than 12 monthly payments. If there is e 'deficiency of Funds held in escrow, as defined under
MPA. Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lander the
amount necessary to make W the deficiency in accordance with MPA, but in no more than 12
monthly payments.
Upon payment is fu11 of all sums secured by this Security Instrument, Lender shall promptly
refund to Borrower any Punch held by Lender.
4, Prior 1blortgagea add Deed of Trust; Charges; Lions. Borrower shall perfornk all of
Borrower's obligations tender any nsortgage, deed of trust or other security agreement with *lieu which
has priority over this Mortgage, including Borrower's covenants to make payments when due_ Borrower
shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable
to the Property which may attain a priority over this Mortgage, and leasehold payments or ground
rents, if any.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and
such other hazards as Lender may require.
The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by
Lender; provided, that such approval *41 not be unreasonably withheld. All•insurance policies and
renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in
favor of and in a form acceptable to Lender. Lander shall have the right to hold the policies and renewals
thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which
has priorityover this Mortgage.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may makeproof of loss if not made promptly by Borrower.
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days
from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for
insurance benefits, Leader is authorized to collect and apply the insurance proceeds at Lender's option
either to restoration or repair of the Property or to the sums secured by this Mortgage.
6. Preservation and Maiateaaace of Property, Leaseholds; Condominiums, Planned Unit
Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit
Impairment or deterioration of the property and shall comply with the provisions of any lease if this
Mortgage is on & leasehold. If this Mortgage is on a unit in s condominium or & planned unit development,
Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or
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governing the condominium or planned unit development, the by-laws and regulations of the
condom inium or pWmad unit deve4opment, 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 dfeets Lcadoh's
interest in the Property, then Lender, at Lender's option. upon notice to Borrower. may make such
appearances,disbursnsuehsums,includingreasonableattorneys face, andtakeauehaction ssi$ MOBSSfY
protect Lender's interest.
Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract
rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and
lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to
Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lenderto incur
any exponseor takeanyaetion hereunder.
8. ,lnspoction. Lender may take or cause to be made reasonable entries upon and inspections of the
Property', provided that Lender shall give Borrower notice prior to any such inspection specifying
reasonablecause therefor related to Lendees interestin the Property.
9. Condemnation The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of thoProperty, or psrtthereof, or for conveyance in lieu
of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage.
deed of trust or other securityagreement with a lienwhiah bas priority overthisMortgage.
10. Borrower Not koleasod; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any
successor in interest of Borrower shall not operate to release, in any manner, the liability of the original
Borrower and Borrower's successors in interest. Leader shall not be required to commenca proceedings
against such successor or refuse to axtend time for payment or otherwise modify amortization of the sums
secured by this Mortgage by reason of any demand made by the original Borrower and Borrowers
succeasore in interest. Any forbearance by Lender in oxorcift any rightor remedy hereunder, or otherwise
afforded by applieablelaw, shell notce a waiveref or preclude theexerciseof any suchright orremedy.
I l _ Successors and Assigns Bound; Joint and Several Liability; C"igners. The covenants and
sgreements heroin contained shall bind, and the rights hereunder shall inure to, the respnetive successors
and assigns 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 cosigns this Mortgage, but does not
execute the Note, (a) is co-aigning this Mortgage only to mortgage, grant and convey that Borrower's
interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note
or under this Mortgage and (e) agrees that Lender and any other Borrower hereunder may agree to extend,
modify, forbear, or make any other aecommodatior's with regard to the terms of this Mortgage or the Note
without that Borrower's coasentand without releasing that Borrower or modifying this Mortgage alto that
Borrower's interestin the Property.
12. Notice. Breopt for any notice required under applicablelaw to be given in another manner, (a) any
notice to Borrower provided for in thisMortgago shall be given bydeliveringitor by mailingsueh notice by
certified mail eddrmcd to Borrower at the Property Address or at such other address as Borrower may
designate by nofico to Lender as provided herein, apd (b) any notice to Lender shall be given by certified
mail to Lender's address stated herein or to such other address as Lender may designate by notice to
Borrower as provided herein. Any notice provided for is this Mortgage shall be deemed to have been given
to Borroweror Lender whengiven in the mannerdesignawd herein.
13, Gorerning Lase: Severability- The applicable law contained in the Noteahall control, Where no
applicable law is contained therein. the state and local laws applicable to this Mortgage shall be the laws of
the Msdietiott_in? MIMI" ?ppheability
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of Federal law to this Mortgage. In the event that any provision or clause of this Murtgsge or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or
the Note which can be givers effect without the conflicting provision, and to this end the provisimis
of this Mortgage and the Note are declared to be severable. As used herein, "coats." "eaTudW and
"attorneys' foes" include all sums w the extant not prohibited by applicable law or limited herein.
14. Borrower's Copy. Borrower shall be furnished a conformed copy of the ? bte and of this
Mortgageatthe time otexecution or afterrecordationhereot.
15. )Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower'sobligationsunder any
home rebabili'tation, improvement, repair, or other loan agreement which Borrower enters into with
Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form
acceptable to Lender, an assignment of any rights, claims or ddensee which Borrower may have against
parties whosuppiy labor, materialsorcetwic esin conamtionwith improvements madeto theProperty.
16. Transfer of the Property. rf Borrower sells or transfers all or any part of the Property
or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this
Mortgage, (b) a trw4er by devise, descent, or by operation of law upon the death of a joint tenant,
(c) the grant of any leasehold interest of three years or less not containing an option to purchase. (d)
the creation of a purchase money security interest for household appliances, (e) a tiwoer to a
relative resulting from the death of a Borrower. (f) a trander where the spouse or children of the
Borrower become an owner of the property. (g) a transfer resulting from a decree of dissolution of
marriage, legal axpiration agreement, or from an incidental property matlement agreement, by which
the spouse of the Borrower- becomes an owner of the property, (h) a trander into an inter vivos
trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of
rights of occupancy in the property, or (i) any other transfer or disposition desor;bed in regulations
prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted
information required by Lander to evaluate the transferee as if a new loan were being matte to the
ttand:cree, Bgrrgwer will continue to be obligated udder the Note and this Mortgage unless Lender
r4mes Borrower In writing.
If lAoder does not agrees to such We or transfer, Leader may declare all of the sums secured by
this Mortgage to be immediately due and payable, H Lamer exercises such option to accelerate, Leader
shall avail Borrower notice of acceleration in accordance with paragraph 12 h"eof_ Such notice shall
provide a period of not less than 30 days from the date the notice is mailed or delivered within which
Borrower may pay the aums declared due. N 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.
NON-UNIMRU COVENANTS. Borrower and Lender further covenant and agree ae follows;
17. Acceleration; Remedies. Except as provided in paragraph l6 hereof, upon Borrower's
breach of any covenant or agreement of Borrower in this Mortgage, including the covenants
to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give
notice to Borrower as provided in paragraph 12 hereof specifying. (1) the breach; (2) the
action required to cure such breach; (3) a date, not less than 30 days from the date the notice
is mailed to Borrower, by which such breach most be cured; and (4) that failure to cure such
breach on or before the date specified in the notice may result in acceleration of the 6%1m*
secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The
11-11-05 t1TG
PA001306
11 M??Y???11?1?®II?IA??
SA8209746A9sur00000PA0012OW"JAMM K ORIGINAL
06-10-'09 12;38 FF10M-
T-668 P0008/0012 F-150
7-
notice shall further inform Borrower of the right to reinstate after acceleration and the
right to. assert in the foreclosure proceeding the nonexistence of a default or any other
defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before
the date specified in the notice, Lender, at Lcndcr's option, may declare all of the sums
secured by this Mortgage to be immediately due and payable without further demand and
may foreclose this Mortgage by judicial proceeding. Lender shall be. entitled to collect in
such proceeding all expenses of foreclosure, including, but not limited to. reasonable
attorneys' fees and costs of documentary evidence, abstracts and title reports.
18. Borrower's Might to Reinstate. Notwithstanding Lender's acceleration of the sun>e by this
Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by
Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this
Mortgage if (a) Borrower pays Lender all sums which would be then due under this Mortgage and
the Note had no acceleration occurred; (b) Borrower cures ail breaches of any other covenants or
agreements of Borrower contained in this Mortgage: (c) Borrower pays all reasonable expenses
incurred by Lender in enforcing the covenants and agreements of Borrower contained in this
Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not
limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Leader may reasonably
require to assure that the Lien of ties Mortgage, Lender's interest in the Property and Borrower's
obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment
and cure by Borrower. We Mortgage and the obligations secured hereby shall remain in full force
and effect as if no acceleration had occurred,
19. Assignment of Rents; Appointment 'of Receiver- As additional security hereunder,
Borrower hereby assigns to Fender the rents of the Property, provided that Borrower sball..prior to
acceleration ender paragraph 17 hereof, in abandonment of the Property, have the right to collect and
retain such rents as they become due and payable.
Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be
entitled to have a receiver appointed by a court to enter upon, take possession of and manage the
Property and to collect the rents of the Property including those past due. All rents collected by the
receiver shall be applied first to payment of the costs of management of the Property and collection
of. rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable
attorneys fem and than, to the sums secured by this Mortgage. The receiver shall be liable to
awoutrt only for those rents actually received.
20. Release. Upon payment of all sums secured by this Mortgage, Tender shall release this
Mortgage without charge to Borrower. Borrower shall pay ail costs of recordation, if any.
21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the
Property under state or Pederai taw.
22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a judgment
is entered on the Note or in as action of mortgage foreclosure shall be the rate stated in the Note.
23. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note
is hereby incorporated by reference and made a part of this Mortgage.
PA00I3Q7
KJ6a2a874aA9KIr14ga9QpAa017070?JA1bArLEK • ORIGIN*
06-10-'09 12:38 FROM-
T-668 P0009/0012 F-150
---
REQUEST FOR NOTICE OP DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTCACrES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgagr, dud of trust or other eneu brance with a
lien which has priority over this Mortgage to give Notice to Lender, at Lender's. forth on
page one of this Mortgage, of any dafault under the superior -enau? and any le or other
foreclosure action- /,. - r1l
I hereby certify that the precise address of the Lender (Mortgagee) is:
25 ratewav Dr. Suite 107. Mechanicsburg, PA 17050
On behalf of the Lender. By: Ryan Russell Title: Manager
COMMONWEALTH OF PENNSYLVANIA, emlberlaud County W.
1. Bernadette M Reffea.fiuger a Notary Public in and for said county and state, do hereby
op-es r6nt e4:...,.. F 1aYMM9411 and lmnva Ramos. JITIR/S
pemrWly known to me oe proven saU actor ly to same person(st whose narne(s) are
subscribed to the foregoing instrument, appeared before me this deg in person, and acknow a that
t he Y signal and delivered the acid instrument as t ei free voluntary
act, for the -uses and purposes therein set forth.
08
Given under my hand and official seal, this 7th d of may '20
My Commission expirts:j/ V !/
Notary PCOMMONWEALTH OF PENNSYLVANIA, Cownty as!
I, a Notary Public in and for said county and stem, do hereby
oerttfy that
personally IcEo-wn to me or proven satisfactorily to be the same person s whose nam s
subscribed to the foregoing instrument, appeared betorc we this day in person, and acknowl?ge that
he signed and delivered the said instrument as free voluntary
ia?lor the uses and purposes therein stt forth.
Given under my hand and official seat, this day of . 20
My Commission expires
o Mhsotluv?A1. Q Notary Public
"am" a.c
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tower P'%NMTwftDwo*w CawMy
My Caeewbdm bob.. Nw.24, 24,201 t
PA001398
11-11-08 MTG
".I6at09T+16A96Mt690o0PA00130e01B1JARMtKEK " ORICIr91t.
06-10-'09 12:38 FFIM- T-668 P0010/0012 F-150
PA001309
06-10-'09 12:38 FHOM-
EXHIBIT A (PAGE 1)
T-668 P0011/0012 F-150
ALL 1i-WT CERTAIN PROPERTY SITUATED IN THETOWNSNIP OF LOWER
ALLEN IN THE COUNTY OF CUMPLAND AND OMM NwEALTH OF
PEWSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED
08/26/2005 AND RECORDED 0813012005, AWW THE LAND RECORDS
OF THE COUNTY AND STATE SET FORTH ABOVE. IN DEED VOLUME 270
AND PAGE 3397. TAX MAP OR PARCEL 10 NO.: 19-24-0787-125
?.188288T48h8Wiro88tt?A?t9000?JAAap1? ? OR161N0.f.
06-10-'09 12:38 FF10M-
KUM&KA X AtL&kyjUjb,%
RECORDER OF DF"S
CUMaERLAM COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
T-668 P0012/0012 F-150
Instrument Nnbw - 20051560
Recorded On 5/12/2008 At 2:07:52 PM
a Instrument Type- MORTGAGE .
invoice Number - 20722 User ID - RAK
* Mortgagor - JARMUZEK, SHAWN E
* Mortgagee - HOIIMMOLD FINANCE CONS DISC CO
* Customer - WC
8?s
STATz imT TAX $0.50
SWE JCS/ACCSSS TO $10.00
JUSTICE
RECORDING FEES ? $23.50
RECORDER OF 13EMS
"FORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCRIV93 FEE $3.00
TOTAL PAID $50.50
* Total Psges - II
Certification Page
DO NOT DE'T'ACH
This page is now part
of this legal document.
I Certijp this to be recorded
in Cumberland CeuutY PA
rl• r• ?f?
i? 4if• ??,. ?MY.4., ? 1
Pd- ?wv fi?
(1k -it
?(? ? a1 ?7 Ala
Sheriffs Office of Cumberland County
R Thomas Kline
r ?` J `~Fi i
t r
She
?t?tr of ?u??brr
,
Ronny R Anderson a
#
4
11 ^ .' ' . j dp i U L
Chief Deputy
Jody S Smith
LL "'"ll
Civil Process Sergeant OFFICE = r THE sµ-RIFF
Edward L Schorpp
Solicitor
Household Finance Consumer Discount Co
vs.
Shawn E. Jarmuzek
Case Number
2009-4544
SHERIFF'S RETURN OF SERVICE
07/13/2009 08:25 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a
diligent search and inquiry for the within named defendant to wit: Tonya Ramos, but was unable to locate
her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to
the defendant Tonya Ramos. The current resident of 11 Wayne Road Camp Hill, PA 17011 Shawn
Jarmuzek stated the defendant Tonya Ramos moved over a year ago and is said to be living in Dauphin
County. An exact address is not available.
07/13/2009 08:20 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on July 13,
2009 at 2020 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Shawn E. Jamuzek, by making known unto himself personally, defendant
at 11 Wayne Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $62.50
July 14, 2009
SO ANSWERS,
--
R THOMAS KLINE, SHERIFF
By 7?'G---
Deputy Sheriff
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Household Finance Consumer Discount
Company,
Plaintiff,
Vs.
Shawn E. Jarmuzek,
and
Tonya Ramos,
Attorney for Plaintiff
22.10471
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 2009-4544
Praeciae to Dismiss the Mortizage
Foreclosure Action without Preiudice
Defendant(s).
TO THE PROTHONOTARY:
Kindly dismiss the above captioned Mortgage Foreclosure Complaint without
Prejudice.
MILSTEAD & ASSOCIATES, LLC
_4?_ - -
Mary L. Harbert-Bell, Esquire
Attorney ID No. 80763
{00365755)
r i ^t Ap T
2 .4 a,4