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HomeMy WebLinkAbout10-1114IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Household Realty Corporation, Vs. Linda S. Tyber, Plaintiff, CIVIL DIVISION No. 10 -1114 civ? I TMM Defendant(s). NOTICE TO DEFEND 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 2 Liberty Avenue Carlisle, PA 17013 717/249-3166 s .+ ,. !, I 7 3, :1 Pa, 9 ! 91A 010Z a. 00 PO ATTY CJ?y I a0bo e 25%" Advil ? THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY Dom- ,°? 1?? INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Household Realty Corporation, CIVIL DIVISION Plaintiff, No. vs. TYPE OF PLEADING: Linda S. Tyber, Complaint Defendant. TYPE OF CASE: Civil Action Plaintiff's Address: 2700 Sanders Road FILED ON BEHALF OF: Prospect Heights, IL 60070 Household Realty Corporation COUNSEL OF RECORD: Defendant's Address: 92 Ashford Drive CATHY ANN CHROMULAK, ESQ. Enola, PA 17025 PA ID NO. 42067 ?ETH ARNOLD HOWELL, ESQ. PA ID NO. 203606 TERESA K. FUCHS, ESQ. PA ID NO. 205696 JENNIFER M. PALONIS, ESQ. PA ID NO. 205703 CHROMULAK & ASSOCIATES, LLC 401 Technology Drive Suite 202 Canonsburg, PA 15317 (724) 916-2400 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Household Realty Corporation, CIVIL DIVISION Plaintiff, No. 16- //J/ vs. Linda S. Tyber, Defendant. COMPLAINT AND NOW COMES, the Plaintiff, Household Realty Corporation, by its Attorneys, Chromulak & Associates, LLC, with its Civil Action Complaint, the following of which is a statement thereof: 1. Household Realty Corporation is a Corporation, duly authorized to conduct business in the Commonwealth of Pennsylvania, with its principal office situated at 2700 Sanders Road, Prospect Heights, IL 60070, hereinafter referred to as "Plaintiff." 2. Linda S. Tyber is an adult individual residing at 92 Ashford Drive, Enola, PA 17025, hereinafter referred to as "Defendant." 3. On or about February 20, 2002, the Defendant entered into a written Loan Agreement with the Plaintiff, a copy of which is attached hereto as "Exhibit A" and incorporated herein. 4. Pursuant to the Loan Agreement with Defendant, Plaintiff advanced funds to the Defendant. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 5. Defendant is in default under the terms and conditions of the aforementioned Loan Agreement for failing to make payments when due, with the last payment having been made on or about Spetember 24, 2009. 6. Pursuant to the terms of the Loan Agreement, Plaintiff has the right to require payment of the entire amount owed upon default. The total amount due, including principal and interest, and owing by the Defendant is in the sum of Three Thousand Three Hundred Seventy Three and 01/100 Dollars ($3,373.01) as of January 4, 2010. 7. Numerous demands have been made upon Defendant by Plaintiff, but Defendant has failed or refused to pay. 8. Pursuant to the Loan Agreement, Plaintiff is entitled to recover the entire indebtedness, including without limitation, principal, accrued interest, costs of collection and reasonable attorney's fees. WHEREFORE, Plaintiff claims damages in the sum of Three Thousand Three Hundred Seventy Three and 01/100 Dollars ($3,373.01), with interest thereon at the rate of 13.991% from January 5, 2010, plus court costs and attorney's fees. Respectfully submitted, Chromulak & Associates, LLC By: ?X, 0? CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 BETH ARNOLD HOWELL, ESQ. PA ID NO. 203606 TERESA K. FUCHS, ESQ. PA ID NO. 205696 JENNIFER M. PALONIS, ESQ. PA ID NO. 205703 Attorneys for Plaintiff 401 Technology Drive Suite 202 Canonsburg, PA 15317 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Lo4N REPAYMENT AND SECliR.2TY aIDRLE.NIEr"T (p9ge 1 of 3) LF-NbER (called "We", 'Us', "Our") HOUSEHDLb REALTY CORPORA71ON P.D. BOX 42E WOOD DALE II, BO191 BORROW13RS (called "You", "Your") LOAN Nd TYBER, LINDA S 710997-706E+9,r SSp 5643 92 4SHFORO DRIVE EN04A PA 7N.025 Tars AGIkK1!HL3j%-T Is SUBJU.C'r T UrHr' ?a C3RTGA[;1H WA\t _ YOU ARE GIVING US A SECURITY J NTEREST IN THE[ R S O ES iATEEp&DAR lw0 HEGAJ3Q EAA DACT - ED AT INSIlRA1VCE. You muss obtain inauraaee for term of loan 'Dowering --j "yE S* b0low, na S security fur this leas as indicalex! by 7Jse Title insurance on rral *state iecorit . as l.osa Payoo: l4rb and extended Coverage insurance an real aatatie security. Physical damage insurance on rebick listed under "Security" above if "y" appears utlQer "lnsurc,* l'hyiical damage jnsurano0 On 0111101' property Rated uwkr "Socurity" abire if "Y' appears u.dor "lnsurad". You may obtain ;ay required insurance lrom anyone yuu obAmse and may assign any other t you uwa to cover the security for this lean, pol cy of insurance (S" "Saaurity" paragraph abm-o for deauri Ptiot1 or security 110 he insured.) p py.pp - -- - •?•V 1'0x1', ?. PHIL li-VN [AI ADD CAI. Mi6 - ??C'P'T1rRMS. s• 2.iz.0z EXHIBIT TI185599t R. 2 , I 'l, oz.. Ot14I ML 1 'I LOAN REPAYMENT AND SECURI'T'Y AGR$F.1tifEN1• (Page Z of 3) th? and Interest Tn return for your lean described bal.ow, You aB? to pay us. the Principal computed at PAYMENT. one}_ I'rlncipal is Amount Fnana?d. ? pltas the Fee. You shall pay us monthly ' Contract Rare tab stated on Page ter than the amount owed. ou- pa}mertits, at our businew address or other addr'es. gi`ebut not in a _ cambise+d xrnountwl:Tea is name ari page 0110, we F the actual time may enforce this Contract 8gninsi all. or any Borrowers., ach payment a:11 be first applied to any Late Charges, then w lnxcrest at the Contract late for outstanding, and the remainder to y01r unpaid Principal. ' the date on which Interest cCgins, payment .DATE ON' WHTCH INTEMF?"T BFUINS. If you do riot ned bgtthhe In airnher of days. from this contract's date to date dates, and effective date of insurance purchased are pu.tan. ? you reLvire this loan. PAY-01-TI'S. You agree to pay outs of Amount Financed as shown tm Ttus du closing, s diec;losure'our c h or ch k is delayed, (a) you thall pay addition8l amounts due at at dosing, or (b) } changt because loan closing ? . will be reduced W cover additional pay'outs. final due date, the Points sire PRI:pAYViRIt''. You may prepay your loan at ash time. Ire a feed of that part of tltn Finance Charge consisting of fully earned when this loan is made, and you will not nxei ' I Points. an ' meat is full within 15 days after it's due • I I.!?:1•F.. CH aRGls. We will charge you a late charge if you don't pay Y whichcver is greater. date. "fhc We Charge is equal to la+ of the Monthly Installment or ?nt check is returned because of insufficient BAD CHECK ClirtRGl ~ NV e will cht?rge you a fee of $20 if any Par ? f;nm a monthly payment- SECURITY- furxss or is otherwise dishonored. You agree that tie may deduct this charge property identified nn to If ($i+sclased on page ono, you also agree to give us a security interest in the Trust. ? one. You agree to give us a security` intcrost in the real estate as described in tlse \4ortpgcJDCed of PROPERTY INSURANCE: iring'thi€ loan et t t? YOUR OBLIGATION TO INSURB. You, stlail keep the Structures 1'omted on the- real property' securing- cd against damage caused by-fire and other physical hsutrds, Name its as a" lags pa)-ec and deliver to °6 a ?UM paincuryable endoraernent.- It insurance covering the real proporty is canWlled or expires while the loan is outstanding and i youdv not t rv re:inntgte the coverage, we may obtain, at t our Our option, ha-ru:d insurance coverage protecttrl8 out lnteresi in the real property as outlined helms. , at option, our obta A. L.CNT)IR'S RIGHT TO PLACE HA7aP-D mounding ba:anoeaaf principal and interest ottttho loan or, if Icnow+n the Property in a amount not greater than the tha replacement value of the property. in the event that you= fail to maintain the required Ward i? his ro>sl;v ranccless, add she a char adequate proof of its cxistonce. You authorize us to charge you .to be outlined above or fail to provide charges: gto your loan. 'S'lit Tnsurarwes charges will, be added to the unpaid balancer a? the loan which h accrues insurance interest est at t the loan ontract Rate. of Lender Tplacad he addition. fnsuran Y`i m18ht ??gh? might ?? cost °f starida?rd vide Ilia o Leader placed t41 mince will not tom the ccntents of the property or provide the v pre?-ieTherty. cost prfinaluzoctirg irotallment, insurance your receive you srtm sAt•ex e b that ene uefititi.e. in liattility coverage. The inUrrance might not be the to "4"e p?a? 8[filgsi? tcoixyipetty available and no obligation to obtain the lowest mgt coverage. Y yo- commission. service f, exponae reimbursement, etc.)frorn sucbPbetil. tntl atlan} tirstenaftere l,ave1abtained tgn?is for the full cost of the premium without reduction for any hastd the reguirea c0rerage. we will cancel :he insurance, you provide aduquatc prod that you have subseoluently Qun coverage we obtained and credit any unmrnvd premi»ms to your loan. ! I N0'1'ICi._ THE FOLwWING PAGE COV d'AINS AUPITLQNAl. CONTRACT ?I;RriS. I P,aB65432 ?-s9-ppo ? SM M G PNL 1 1 ORIGINAL - LOAN RF,PAYMEN'T ANT) SECURITY AGREEMENT (Page 3 of 3) UEPAULT. If you don't pay an time or fail to keep any required insurance in force, or if under the Mortgage, (1) all your payments may become due at once and, (2) without notif ipnmitted in the event of default may sue yuu for the entire unpaid balance of Principal and accrued Interest and y 3 an 'vd g you before brmgr a suit I, de inc our reamnable attorney's fee and court costs as determined by the court. You agree that, sthoul dwe obtain judgment against you, a portion of your disposable eamings may be attached or garnished (paid to us by your employer), as provided by Federal law. You agree to pay interest on aay judgment at the Contract Rate. EXCHAINGE OP IN1I1ORMATIOV. You understand that from time to time we may receive credit information concerning you from others,' such as stores, other lenders, and credit reporting a information, on a regular basis, we obtain related to your Account, including bout not limited torcredittr share any eports and insurance information, with any of our affiliated corporations, sulxidiaries or other third parties. The-'uses of this information may include an inquiry to determine if you qualify fur additional offers of credit. You also authorize us to share any information regarding your account with any of our affiliated corporations, subsidiaries or other Third paNios. You may prohibit the sharing of such information (except for the sharing of information about transactions or experienceA between us and you) by sending a written request which contains ynrir full name, Social Security ' :'?'umberand ?idalTess'to us at P.O. Box IS47, Chesapeake, VA 23320. If you fail to fulfill the terms of your credit obligation, a negative report reflecting on your credit record maybe submitted to a Credit Reporting Agency. You agree that the Department of Motor Vehicles (or your state's equivalent of .ouch department) may release your residence -address to cs, should it become necessary to locate you. You agree that our supervisory pomnnel may listen to telephone calls between you and our representatives in order to evaluate the quality of our service to you. INSURANYM. Optional credit insurance and arty required insurance disclosures are attached to this Agreement and are incorporated herein by refenenw. ALTERNA11VF., DISPUTE RESOLLMON AhI) OTHER RIDERS, The tetras of the Arbitration Agreement and any other Riders signed as part of this loan transaction are incorporated into this Agreement by reference. APPLICABLE LAW. This loan is made under the Pennsylvania Secondary N-kirtgage Loan Act, Title 7, Pardon's Pennsylvania Statutes. If you do not pay the full amount of an insta;rnent ti bon it is clue and Rr intend to +oreclow on the Mortgage, we mutt comgy with the provisions of. Section 403.and 404 of the Act of Januarys 30, 1974,.which is.kno vn as Act Na. d, and the of the Homeowner's Emergent} Mortgago Assistance Act (Act i\o. 91 provisions oI 1983},.:. _ ANY ADVA.\CE OF FUNDS Pt;RSUA.Nrr TO THE LOAX`REPAYMBNT AND-SECURITY AGREEMENT AND HE MORTGAGE WHICH SECURES THE AGREEMENT MAY, IN'THE JsVENT''OF •-ANTV DEFAUL"T", RESULT IN THE LOSS OF YOUR I10MR,, OR O'T'HER REAL PROPERTY PLEDGED AS S ECU RI'rY FOR YOUR LOAN. YOU HAVFi RECEIVED A - COMPLE'T'E COPY OP THIS AGREI.MF.NT AND bffl, TRUTH-Pk-LENDING DISCLOSURm.,, B WER5 ??- ?; '`i I SEAL) (SEAL) i?3: SI?Al.) riv 03-2Q-90 2W M70 PHL PaaS6933 TRUTII INT-LENDING DISCLQSURCS (Page I of 2) 1i 1. LENDER (Celled "Wc", "Lis", "Clur•") HOUSEHOLD REALTY CORPORATION P.O, BOX 436 W001 DALE IL 60}91 BORROWERS (Called "You", "Four") TYBER. LINDA S 92 ASHFORD DRIVE ENCLA PA 17025 5S i# • ANNUAL PMCCNTAGF RATE Theemi or your credit as a yearly rats. _ _ 6-6(13 cac JAMIJ NO: ;10997- l O + FI mount CH RGr3 inanced n The d " a""vat ut c:e the cr or ida d h' you or Yau_ ur behalf. 1% 095 Ll AHE GIV fotalofPaymeats Date The amount you will of have paid after ycv Loan have made all pay- mants as scheduled. s; 7251.92 i 10869.04 18120'.96 0212ClQ2 TArnouoi 6e of Pa meats When Fjy aMFLU Are Due _I 7 s 188.78 C3120102 NY 20 Of MAI MOnth US A SECURI T$Ye IAT FREST IN THE REAL ESTATE LOCA d AT TMEL A60UE ADDRESS. Property Insurance: You must insure the property Mcuring this loan bt,t you may obtain property insurance from anyone you Rant t is acceptable to us. If you purclwae Personal Property Insurance (PPI) through its, you will Pay the PPI Premium listed on Page 1 of the loan agreement Late Charges We will charge you a late charge if you don': pay any payment in full in 15 days after it's due date. e .a Char-Se is equal to 10% of the Monthly Imtellment or $20,00, whichever is greater, Prepayment; If you pay off early, you will not have to pay a penalty and you will not be entitled to a refund of that part t Finance Charge consisting of Points. See the contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and propaysment refi,nds. "e" mearts an estimate it-30-99 RE PHL w/0 PPP !1'UTIGT: The following page contains additiot41gl information.. Zv0 MYS TIL PAB293t1 ORIGINAL ISBN in111111Mminim oil TRUTH-IN-LF. ING DLSCLOSURES ir'ge Z of 2} TrE-MIZATION OP THE AMOUNT FINANCED I ? .. 5 i... TU. Pf0 GM+AC45437 0004 1645 3746 . . ... . . . ...... ... ,..6 CASH OR CHECK TO BORROWER......... ... ............ ......i.. ANIDUNI FINANCED .. .. .. .. .. _ .. ......... .. . . i , , I i I i 1Deco .04 .00 1 C•869 04 , I i i r 11.0 9 Til PHL w10 PPP I PAS29312 1 rI, J <<R._ .' 7v ?jY 0' i? ti!?? =-R?.1py pm ; , t t?tl 7?? i t i ?2 • 42 MAC 19 Ari g 5a 710997 _ 06-ide6 86 MORTG AG E IF BO TS CITECKIRD, TITTS MORTGAGE 1S AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MOR'FGAGE is made this day 20TH of FEBRUARY 2002 , betueen the Mortgagor. L I NDA S. TYBER, S 1 NGLE 02 ASHFOM ORIvE. Emu. PA 17025 3 a corporation organized an existing under the laws o WARE , whom addressis P.O, BOX 438, WOOD DALE, IL $0 - -- - -(herein-"-Lon?cr- - -- _... - • - •- - - - --- - _ - _.._... -- -T --_ IX The following paragraph preceded by a checked btia is applicable. AkHEREAS, Burrower is iixle:btcd to Lender in the principal stem of $ 10,8G;T,04 evidenced by Borrower's Loan Repayment and Security Agreement or Secondary 'Vortgage an Agreement dated FEBRUARY 20, 2002 and any extensions or renewals thereof (herein "Not*"), providing or monthly inst rnent,. o prtnmpal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on FEINUARY 20, 2010 ; ?VHEREA5, Borrower- r is indebted to Lender it the prim ipal sum of $ ar 'so `' dcti-thereof as may be advanced pursuant to Borrower's Revolving 1Aoan Agreement ztpd and extensions and renewals thereof (herein "Note*). providing for monthly installments, and interest at the rate and emder 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 Under the repayment of (1) the indebtedness evidenced by the Note. with interest thereon, including any incr pses if the contract rate'in variable; (2) future advances under any Revolving Loan Agreement; 13) the payment of all other sums, with interest thereon, advanced in _ accordance hermiith to protect the security of this Mort a e• and 4 th_c pcrformance of the covenants and aereementa of otrolvrr heroin eontainod, 13orro ar dum heribf mortgag_, ;grant and eoii; )p to... -- ' - -` Lcndcr and Lender's obcoessors and assigns the folloRUtg debixibed property located in the County of CUMBERLAND Commanwealthof Pennsylvania: SEE EXHIBIT A is --00 41 MfG4. B 7 S #'pG-3 7-41.8 - • : I'A0OM L -2- .TOGETHER with all rho improvcmcnts now or hereafter croctod on the property, and all easements, rights, appurtenances anti rents, all of-which shall be deemed to be.and remain.a part of the, property covered by this Mortgage, and all of the foregoing, together with said property nor the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property," Borrower covennants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencumbered, except for encumbrances of record Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNTMRM COVENANTS. Borrower and Lendex covenant and agree as follows: 1. Payment of Principal and Interest at Variable Rates. This mortgage secures all payments of principal and interest due on a variable rate loan. The contract rate of interest and payment amounts may be subject to change as provided in the ]vote. Borrowers shall promptly pay when due all amounts _.required.by the Nate.. Z Funds for Taxes and Insurance. Subject to applicable law or waiver by Lender, Borrower shall pay to I&W er on the day monthly payments of principal and interest are payable under the Mote, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any. plus one-t etfth of yearly premium installments for hazard insurance, plus one-twelfth of }*arly premium installments for mortgage insurance. if any, all as reasonably estimated initially and from time to time by lender on the basis of agnamments and bills and reasonable estimates thereof- Borrower shall not bcs obligated to make such payments of Funds to Tender to the extent that Borrower makes Mich payments tin the holder of a.prior mortgeSe or deed of.trust if such holder is an institutional lender. - . - . . 1. , If Borrower pays l imds to Fender, the Funds shall be held in-an iraitiution the deposits or accounts of which are insvred or guaranteed by a Pcdcral or state agency (including Leireder if lender is such an imt.itution). Lender shall apply the funds to pay said taxes, assessments,- insurance premiums acid ground runts. Lander may not charge for so holding anti applying the Funds, analyzing said account or verifying and compiling said assessments and bills, Mess Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Bormwer and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable saw requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the funds. Lender shall give to Borrower, without charge, an annual accounting of the Punds showing credits and debits to the Funds and the purpose for winch each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. - - If the amount-of the Funds-held`by bender; together'with'the future mon!WY instelfnien"tirnf` Funds T - payable prior to the due dates of taxes, anawsments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums: and ground rents as they fall clue, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funu3:e. If the nmuunnt of the Funds held by Lender shall not be sufficient to pay taxes, asseucstments, insurance premiums and ground rents as they fall due, Burruwer shall pay to Lander any amount necessary to make up the deficiency in e3ne or more payments as Lender may require. Upon payment in full of all sums secured by this Nfor:gage, Lender shall promptly refund to Borrower any funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property 03-01-01 MTG W612+a2 ORI o1fi1Ml L 175 r PG3749 • -a -3 :.•is.otherAise•-acquired (by Lender. Lender•shall apply, no iater• than irnrhediately;pri& to`thcsale of the ,.Prooperty or.•its.acquisition•.by:Lender..anyTiwds,hold- by Lender••at thd'tiine,of,applicstiori'ai;'a=ci?edit 'against the sttmaae?rred b}ihis.lyinrtga?e::: • ..- .. ': • . .,., : si :. .. .. .. 3. Application 'of. Payments. 'Except for.loa6 -madc•'pursuant: to'the •Pcni1splva:ua ?Cui:?utrier Disedunt Company Act, all-payments received by Leader under-the %6 aird paragraphs 1•'ahd'2 hereof shall.bc applied by Lender first in payment of amounts payable to Lender by-Borrower under paragraph 2 hcrcur, three to interest, and then to the principal. 4. Prior Mortgages and Deed of -Trust; . Charges;- Liens, Burrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement-with a lien which has priority over this Mortgage, including Borrower's covenants co make payments when due. Borrower shall pay or cause to be paid all tasm assessments and other charges, fires and impnnitions attributable to the Property which may attain a priority over this hfortgage, and leasehold payments or ground rents, any. .ry _ _ . __ S- Hazard trimur-Anue. Borrower shall keep the improvements now existing or hereafter erected on the Property insured again. loss by fire, hazards included within the term "extended coveaagc," and such other hazards as Lender may require. The insurance c:arricr providing the insurance shall be chosen by the Borrower subject to approval by Lender provided, that such appruval shall not be unreasonably withheld. All insurance policies and renowela 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, Leader shall have the right to.hold the policies and renewals thereof, subject to the terms of.any,mortgage, deed oe.trust or:other security agreement.with:a.lien which fhaspricrityaverthis%M"age:: ri.. ,.. ' :' :?.?.... 41HO I ;:, ; In the event of lues, Borrower shall: give prompt! notice to.the.insurance carrier.and-UnderU;ender may:makeprbof.nfloss if.iiot made.proiriptlybyBotrower. .::r :a If the Property is;ahandoked.by, Borrocr-er, or if'Flcerrm er.fails-to respond to Lender within 3p.da?s from the date notice is mailed.by Lender to Rtarfower that the insurance "carrier offeru to settle a claim for 4asurance benefits, Lender-is aeithorized to.eollect and apply the insuranco proceeds at Lender's optiun ei afar to restoration or repair of the Property or to the sumsaemurod by this Mortgage . b. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Emit Developments. Borrower shall keep the Property in gaud repair and shall not oom it waste or permit impairment or deterioration of ilia Property and shall comply with the provisions of any leme if this Mortgage is on a loesrlKAd, If this Mortgage is on a unit in a condom] ohnn or a planned unit development, Borrower shall perform all of Borrower's obligations under -he declaration or covenants creating or governing the condominium or planned unit development, the b)-laws and regulations of the condominium or planned unit development, and constituent documents. 74-Protection of=Lender's 5eeurity:-If-Borrower-fails to pcr!orm-the cotenants and agreements contained in thia ltiortgage, orif any action or proceeding iscommcmad which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable atto: nays' fees, and take such action as is necessary -to protect I mndaeF; interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thvreun, at the contract rate, shall become additional indobtednc m of Borrower secured by this Mortgage, Unless Borrower and Lender agrco to other terms of payment, such amounts shall be payable upon notice from Lender to .Borrower requesting payrneut tlKxrof. Nothing contained in Ibis parograpb 7 shall require Fender toincur any axpcase ve take ar:y act! on hereunder. , 63-01-01 MTG S .s r 2; . PAl 012A3 t , . E :e net G R AL • . t f J Bit 1751P637'. . -4- S. Inaprcgiuru, Lender :nay take or cause to be made rcassonablc entries upon and inspections of the Piopertp; -provided-.that Lgnder.shall,•giye.Burruwcr. trotice prior to any-.such inspection specifying reasonable ca-i o therefor related to Lender's interest in the Property.,. ; .; . ., , g. Condemnation. The proceeds of any-award or claim for damages, direct or consequential; in connection with any condemnation or other takingof the Property, or part thereof, or forconveyance 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 security agreement with a lien which has priority over this Mortgage. 10, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the timafor payment or modification of amortisation of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such succ=,ir ur ref use to extend time for payment or otherivise modify am artizu:ion of the sum s secured by this Mortgage by -reesan of any durnand -made by the original Borrower. and Borrower's 9tY0Be58 min interest. Any forbearance by Lender in exercising any right or rcmudy hereunder. or otherwise afforded by applicable law, shall nut bo a aaiverof or precl ude theexerciseof any such right or strictly. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hemunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hersaf. All covvttants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the !dote, (it) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender tinier the terms of this Mortgage, (b) is not personally 1 iable on the Note or under thin-Mortgage, and (c) agrees that Lender and any other %r•rnwer hereunder may agree to extend. modify, forbear, or make any other accommodations with regard to the terms of this Mnrtgage or the Note without that Ilorratiwer'•a corraerrt and without releasing that Borrower or modifying this Mortgage as to that Borroiwet's iutcrtz--t in die. Propa-ty... : 12. Notice.•Faeept for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage strati be gi vrar by delivering it or by mailing such notice lay certified mail, addressed to Borrower at the Property Address or at such other acklrrss as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by 4c rtificd .nail to Lender's address states] herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when Eisen in the manner designated herein. 13. Governing Lave; Severability. Thestate and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal low to this Mortgage. In the evert that any provision or clause of this Mortgage or tho Note, conflicts with applicable iawl. such-conflict shall•not tiff det other prnvisinn3 of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the prrnisions of this Mortgage and the Note are dedared to be severable. An used herein, "costs," "expenses* and "attorneys' few" include all sums to the extent not prohibited by applicable law or limitedhemin. 14. Rnryotiwer's Copy. Borrower shall be furnidi od a conforamd copy of :hc Note and of this Mortgage at the-time of oxccutionor after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters intu wide Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, art assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to thePropmyy. 03-01-01 MTS PAIDIZA4 imimialloolloolill milli 001011AL 6K 175 1 P637 5 '?:: - I ;? . _"la='N'6:iTraiisfer.nfaihe t'roptrt}*:??If•BOtrtiweTi 9e11's=iitjtibnsfers a71?or?an ' ft?Qf?i- roperty. ,or 'iln''iiiteredtr'tlierii ' e cTudi ?'; ?, r Pr n; ii ng (a) the"creatiiui [if a Iia11i or eiicumb"raiice 'subtirdinat6lth013 Woi=tgngc, (b) a transfer by devise, descent, or'•8y-*6P6irctiombf•liiiv•0 ponitlie fcatli of a jciiit=tcnerit; (cj"tlie'gallt le ai:ltuld ililtlrc5t of"tlfiroei yrais'orlma "tit-Lntaining"en optioh'to 15%Wcliaio;°('d)' th'e crtatiori bf-a ptirchi&i: money'sac:unty,Interest`fUP,AUtzehold•iippUntses; (e) a-tr1nsfet'•tira CelBtiii?e resulting .:'frorr.'the death of a•Boriower, (f) a'transfer where the spoliae•or chiEdren'of th.,' Borrower becoine an owner of the property, (g) it transfer' resulting, ' from 'a* decree of dissolution of marriage, legal separation agreement, or from an incidental property settlem[Klt agreement, by*which the spouse of the Borrower becomes an owner of the property. (h) a transfer into an inter rivds. trust in which the 8or0o,";er is and remains a beneficiary and which does not relate to a tninder of rights of occupancy in the property, or 6) any other transfer or disposition described in regulations preasribed by'the Foderal Home Loan Bank Board, Borrower shall usume to be aubmitted inforraation required by . a Lerider-fo 'evaluate We -trmmleree as if-n -new 16W-were beiq- made to the ti•silafcrce;`Borrower will -' continue to be ob:igated under the Dote and this Mortgage unlap 'Lender releases Borrowur in writing.- • If Lender does not agree to such sale or transfer, Lender may declare ail of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Leader shall mail Borrower notice of acceleration in accordance with paragraph 12 hemuf. Such notice shall provide a period of not less than 30 days from the dam the notice is mailed or delivered within-which Borrower 'may. pay the,sums declared due.'lr Borrower fails to pay•such sums, priorto the expiratiori bf-such period' Lender may,-without -further novice or demand on•Boii?ower, invoke an y: tn rc Paragraph eiof: '' ?. edies permitted by - • NC}\-1 XIMRM ['.01+x ANTS_ %rrrna•'er:and-T` ender:furtaer'covenant ana spree as fallop? ?? ' X17.?Acretciaiicia;'ReinedisrsyExceptas%*providid1in,-acagraph 1b'?hcteaf;•i?poiiiBor Ulver5 breaob of any covenant or agreement of Borrower in this Alortgigc uielsidiiig'-the eoi$'nai3t's to pay'•whcn"due Yny'sumssccurcd' y' Ais'MortgegLenderprior to Uc61' S' ioiis h:l aiv: notiicc to Borrower as pfw sided in paragraph'l2 hereof specifying;'(1) the breach; (2)The a'etibn .regbirbd to cure such' breach; (3) a date, not less than 30'days from-the 'date The notice is maid to Borrower,'by which such breach must be cured; and (4) that failure tci cure such breach on or before the•date specified in the notice may result in acceleration of the sums secured by this Mortgaga, foreclosure by judicial proceeding. and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured nn or Wore the date specified in the natice, lender, at Lender's nptinn, may declare all of the sums secured by this lliottgiigt'to he irnattdiaiely?iie and%pa}able srithopt°furth?r rnana and inay=foracldse this Mortgage by judicial proceeding. Lender shall be entitled. to collect in such proceeding all expenses of foreclosure, including, but not limited to, rcasanablc attorneys' fees and costs of documentary evidence, abstracts and title reports. .. . . -18. Borrower's Might to Reinstate NutwithstamWing Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if. (a) &a-rower pays lender all sums which would be then due under this Mortgage and tha Note had no acceleration occurred. (b) Borrower cures all breaches of any other -covenants 6r 03-01-01 L MTG . E ;t. ..• +......:. -,.: .?. '.. iti:,PADO12AS ORAMAL 8K 1751 K3.752',-'v ?? ; `= -G- agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agrer.-manza 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 Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon suds payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration hod occurred. ?7?? 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, [7 wTnwer hereby amigls to I.ende- the rents of the Prnperty, provided that harrower shall, prior to acceleration under psragraph 17 hereof, in abandonment of the Property, have the right to collect and retain such renm as they bwom due and payable. Upon acceleration under- paragraph 7• hereof- or abandonment of the Property, Lender shall be entitled to have a rmciver appointed by a court to enter upon, take posmaian or and manage the Property and to collect the rcnb4 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 fear, premiums on reoeiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage, The receiver shall be liable to account only for those rents actually received. 20. Mew. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. • 21. Waiver of Homestead. Borrower hereby waives all right.of homestead exemption in the Property under state or Federal late. _ _ ... _ , 22. Interest Rate After Judgment. Borrower agrees the-ntereat rate payable after. a.judgrnent is entered on-the Note or*in an action of mortgage foreclosure nhall be the rate stated in the Note. o3-61-ot MTG OF I GI NA! PACMA6 BK 1751P63753 21_i : •"! = J?'i .':i ;;}:-1' ??.. .'r= ? l:G .it7 " ri.. )••'!' .. ?_... REQUEST 1PORi\UTIEh OF DT FAIJi.Ti ?::;r??• sr. _:= :'-r--• •--.. A\D' FORECLOSURF'UNDER-SUPER101t T MORTGAGES 'OP. DEPDq:OF TRUST ?N ::,- „ •: ???, ,,Borrower and Lender request the holder of any mortgage, deed of trust or•othor encumbrance with a lien which has pr;ority over thin Mortgage to give Notice to Londcr,'at Lendcr's address set forth all page one of this Mortgage, of any default under the supudur cocumbrunm and of any sale or other foreelasum action, Aw. rrowcr -Borrower •- Notarial Seat N ntsry Public poxes„ . Pi'A e? Dwolky A. Pints, Notary PubW Vj CW1WTAX PaKY -- , • This itudrumnent, was prepared by: My CocntnWlpn 6pkes Apr. , 2005 _ 1 ff?(/iT-tl- (Name) G y , . 7 Lr I 3a1f??Tnilr CWNAfbN.? r f (Address) I Hereby certify that the precise address of the Lender (Mortgagte) is: /30 1 E : 10yaye, ? On behalf of tho Lcndor. By ?-.+ I-b xY'Ve-a J Title: &MWA r-f64AM COMMt NWF-ALTH OF YFNNSYT.VAVIA, County ss: l.; -• + ?•.,%at..; !!?£S.; sa•Abtary.Public in-and for•sw count}.-and.staie;doherehy Certl y= . at •+-1 .11:' ?? •_e.r Vin: .::i '•'• 3 ;-'iiil:,r1•:! A r.i.!I!- _3. a'{; ..•r,'i :.. persona: y, nown- to. me 0: be the .same ;persons :whoec ;;i, subscri eta-the foregoing instrument, appeared before me this day in person, and acknowledge that S he signed and delivered :ht said instrument as I&FICA. free voluntary act, for the uses and purposes themin set -Forth. Given under my hand and official seal, this g ? [A day of 2U Or2 {Space Relow This Line Raavrtie d Fur Lamltw and RcWrdsrl Return To: Records Promssing Ser-6ces 03-01-0t MTG 377 Lamont Road ppt7012A7 t' ?!:a:' .:;.:ji,jjFln hurst, IL 60I26:; .:., : . ; OR?GIlu4? ? _ Ott Ba1751PG375: MY Cummissiun expires: `E:14-_. A/ EXHIsir A (PAGE 1E . Ly"L DssCRrpTzaw ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUAT'L YA THE TO'•VNSHIA OF EAST P$DTNSBOR0, COUNTY 0£ CUMSTRIA-4D, AND COMONW ALTH OF PENNSYLVANIA, MOPE PARTICULAR-Ly SOTINDED AND DESCPISED AS FOLLOWS, TO WIT: ?_ - r _ - - - BEGINNING AT A POn(T ON TH$ SOUTHERN SIDE OF ASHFORD DRIVE (50 FEET iVIDE1 AT THE 1<ORTIMA,STERN CORNER OF LOT NO. 31 ON THE HERSI14AFTER MENT1094D ULAN OF LOTS; THENCE ALONG ASHFORD DUM, NORTH 80 DEGREES 37 MINUTES 30 SECONDS EAST, A DISTANCE OF TWENTY AND SIXTY-NINE JMt)RZUrHS (20.40) SETT TO A POINT AT LOT NQ. 73 ON SAID PLAN; 7KWCE BY LOT NO. 33, WM 24 DEGREES 10 MINUTES SS SECONDS LAST, A DISTANCE OF ONE J•R'MDRBD FORTY-FOURTH AND EIGHTY HIUNDREDTH8 (144.60) FEET TO A POINT AT LOT NO. 21 AS ASCORDSO IN PLAN BOOK 37, PAGE 96, SOUTH 84 DEGREES 37•MINWES 30'SECONDS WEST, A DISTANCE OF TWENTY AND SIXTY-beam RL OREDTHS (20.69} FEET TO A POINT AT LOT NO. 31 ON THE HEREINAFTER MENTIONED PIAN. THENCE BY LOT NO. 31, FORTH 24 DFAREES•10 MINU'T'ES 55 SECONDS WEST, A DISTANCE OF ONIE HUNDRED FORTY-FOUR AND F.7c3NTY .HTJNDREDT14S (144.80) FEET TO A P01M, THE PLACE OF MWINNIrNO. .BEING LOT NO. 32 ON A FINAL SmwtVISicm PLANlbF it0"B` 'i''b. L' SENRING AND-DONNA R. .LEIS ffRING MAbE BY D.F. RAFFENSPERGER ASSOCIATES DATED SEPTEMBER 3-,'1980 AND' RECORDED IN CUMBERLAND COUNTY PLAN BOOK 39, PACE 13. CONTAINING 2,e96 SQUARE FEET, HAVING THEREON NAECTED A TOWNHOUSZ KNW'N AS 92 ASHFORD-DRIVE, ENOLA, PENNSYLVANIA. TAX ID# 09-13-1002-340 1 t; Aii'y tliis, to be recorded In C Umbe land County PA Y 1 . Recorder of Deeds 09/03/?009 09:45 7249162411. CHROMULAK ASSOCTATES PACE 02 VMFICATION Linda S z u d o r a , Recover Specialist for HOUSEHOLD REALTY CORPORATION Deposes and says subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities, that the facts set forth in the forgoing Complaint are true and correct to the best of her knowledge, information and belief. Linda Szu ora SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ?'jji.?; ; Sheriff AF?Y Jody S Smith ` Chief Deputy 2010 FE$ 22 PH 2; -23 Edward L Schorpp n Solicitor Household Realty Corporation vs. Linda S. Tyber Case Number 2010-1114 SHERIFF'S RETURN OF SERVICE 02/17/2010 11:30 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2010 at 1130 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Linda S. Tyber, by making known unto herself personally, at 92 Ashford Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 February 18, 2010 SO AN ERS, NY R ANDERSON, SHERIFF f uty S WF L !C Court;sutte She"`t. ieieaso?t. W :- I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION, Plaintiff, VS. CIVIL DIVISION: No. 10-1114 LINDA S. TYBER, Defendant(s). PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: 0 -j 'P Ci? f? C-1 Please settle and discontinue the above-captioned action and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. By CATHY ANN CHROMULAK, ESQ. BETH ARNOLD HOWELL, ESQ. TERESA K. FUCHS, ESQ. JENNIFER M. PALONIS, ESQ. Attorneys for Plaintiff 401 Technology Drive, Suite 202 Canonsburg, PA 15317 Sworn to and subscribed Before e this- day of____? , 2010. Notary ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Heather L Hatfield, Notary Public Cecil TWP., Washington County My Commission Expires June 29, 2010 Member, Pennsvlvanis Association of Notaries C= --, M C.7 NY i V N Lam. ??- tZ rT, iC, 1 i. J_ C-J ?rn THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. A CERTIFICATE OF SERVICE I, counsel for HOUSEHOLD REALTY CORPORATION, hereby certify that a true and correct copy of the foregoing Praecipe to Settle and Discontinue was served upon the following by First Class Mail, postage prepaid on this 18TH day of FEBRUARY 2010. LINDA S. TYBER 92 ASHFORD DRIVE ENOLA, PA 17025 Cathy Ann Chromulak, Esq. Beth Arnold Howell, Esq. Teresa K. Fuchs, Esq. Jennifer M. Palonis, Esq. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.