HomeMy WebLinkAbout13-7040 Supreme Court ofTennsylvania
Court of
For Prothonota Use O nly:
Commo>rt�,Pleas � y:
Ci< il"CoV le�`8Bet Docket No:
CUMBERLQNb County
The information collected on this form is Used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by lain or rules of court.
Commencement of Action:
S � Complaint F7 Writ of Summons Petition
Transfer from Another Jurisdiction Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
Members 1st Federal Credit Union G. StephenKephart
T Dollar Amount Requested: Elwithin arbitration limits
I Are money damages requested? M Yes El No (check one) [@outside arbitration limits
O
N Is this a Class Action Suit? 0 Yes 1R No Is this an MDJAppeal? ® Yes El No
A Name of Plaintiff /Appellant's Attorney: Christopher E. Rice, Esquire /Martson Law Offices
0 Check. here if'you have do attorney (are a Self - Represented [Pro Seal L,itigatnt)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
El Intentional rl Buyer Plaintiff Administrative Agencies
Malicious Prosecution El Debt Collection: Credit Card El Board of Assessment
F1 Motor Vehicle E] Debt Collection: Other 0 Board of Elections
Nuisance 0 Dept. of Transportation
Premises Liability El Statutory Appeal: Other
S Product Liability (does not include
tort) E] Employment Dispute:
mass
E Discrimination
17 Slander/Libel/ Defamation 0 Employment Dispute: Other r"I Zoning Board
C D Other: rl Other:
I 0 Other:
O MASS TORT
0 Asbestos
N [—] Tobacco
E] Toxic Tort - DES
E] Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste rl Ejectment M Common Law /Statutory Arbitration
B n Other: El Eminent Domain /Condemnation � Declaratory Judgment
Ground Rent Mandamus
Landlord/Tenant Dispute 0 Non - Domestic Relations
Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY F1 Mortgage Foreclosure: Commercial El Quo Warranto
El Dental 1] Partition ® Replevin
El Legal 17 Quiet Title Other:
rl Medical ® Other:
0 Other Professional:
Updated 1/1/2011
i
` 1
FABLES\ Clients \I 1470 Members I st \11470 Current \I 1 470.305 Kephart\ 11470.305.Complaint.wpd tF THE PRO TH `' N D
Christopher E. Rice, Esquire ��� g
Attorney I.D. No. 90916 CUMBERLAND COUNTY
Aaron S. Haynes, Esquire PE
Attorney I.D. No. 307746
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Plaintiff
MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF
UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. NO. 2013 - 7 � �� CIVIL TERM
G. STEPHEN KEPHART AND KAJAUN
KEPHART
Defendants : IN MORTGAGE FORECLOSURE
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 Plaintiffs. 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 REDUCE FEE OR NO FEE:
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER
Contact:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249 -3166
C - z7773 q
�
73 1?
NOTICE REQUIRED UNDER THE FAIR
DEBT COLLECTION PRACTICES ACT,
15 U.S.C. §1601 (AS AMENDED) AND
THE PENNSYLVANIA UNFAIR TRADE PRACTICES
ACT AND CONSUMER PROTECTION LAW,
73 PA. CON. STAT. ANN. §201, ET SEQ. ( "THE ACTS ")
To the extent the Acts may apply, please be advised of the following:
1. The amount of the original debt is stated in the Complaint attached hereto.
2. The Plaintiff who is named in the attached Complaint is a Creditor to whom the debt is
owed. The Creditor's law firm, Martson Law Offices, is filing this Complaint on behalf
of the Creditor.
3. The debt described in the Complaint attached hereto and evidenced by the copies of the
note will be assumed to be valid by the Creditor's law firm, unless the Debtor(s), within
thirty (30) days after receipt of this notice, disputes the validity of the debt or some
portion thereof.
4. If the Debtor(s) notifies the Creditor's law firm within thirty (30) days of the receipt of
this notice that the debt or any portion thereof is disputed, the Creditor's law firm will
obtain verification of the debt and a copy of the verification will be mailed to the
Debtor(s) by the Creditor's law firm.
5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original
Creditor, and if the Debtor(s) makes a request to the Creditor's law firm within thirty
days from the receipt of this notice, the name and address of the original Creditor will be
mailed to the Debtor(s) by the Creditor's law firm.
6. Requests can be made to:
MARTSON LAW OFFICES
Attn: Christopher E. Rice, Esquire
10 East High Street
Carlisle, PA 17013
(717) 243 -3341
* THIS DOCUMENT MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A
DEBT FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Aaron S. Haynes, Esquire
Attorney I.D. No. 307746
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Plaintiff
MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF
UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. NO. 2013 - CIVIL TERM
G. STEPHEN KEPHART AND KAJAUN
KEPHART
Defendants : IN MORTGAGE FORECLOSURE
COMPLAINT
AND NOW, comes the Plaintiff, MEMBERS V FEDERAL CREDIT UNION, by and
through its attorneys, MARTSON LAW OFFICES, and files this Complaint in Mortgage Foreclosure
upon the following:
1. Plaintiff, Members 1" Federal Credit Union ( "Plaintiff'), is a federally chartered
credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055.
2. Defendants, G. Stephen Kephart and Kajaun Kephart ( "Defendants "), are adult
individuals residing at 516 Penn Ayr Road, Camp Hill, PA 17011.
3. Defendants are the owners of the real property located at 516 Penn Ayr Road, Camp
Hill, PA 17011 ( "Real Property "), and more fully described in a certain deed recorded in the
Recorder of Deeds Office of Cumberland County, Deed Book 1847, Page 4222, which is
encumbered by the Mortgage described below.
4. On or about December 1, 2003, Defendants executed a promissory note (the "Note ")
with Plaintiff in the amount of $70,000.00. A true and correct copy of the Note is attached hereto
as Exhibit "A" and is incorporated herein by reference.
5. As security for the performance of their obligations under the Note, Defendants, as
Mortgagors, made, executed and delivered to Plaintiff, as Mortgagee, a mortgage upon the Real
Property (the "Mortgage "). A true and correct copy of the Mortgage containing a complete legal
description of the Real Property is attached hereto and incorporated as Exhibit `B."
6. The Mortgage has not been assigned.
7. Defendants are the owners of the Real Property, and Plaintiff knows of no other
persons holding an ownership interest in the Real Property.
8. Plaintiff has made demand for payment of all sums due and owing thereunder, but
payment has been refused.
9. Plaintiff provided Defendants with notice of the period in which Defendants' default
may be cured, but Defendants have failed to cure their default.
10. As authorized under the Mortgage, the loan obligation to Plaintiff from the
Defendants has been accelerated.
11. The total sum due and owing from Defendants under the Note, as of October 29,
2013, is itemized as follows:
Principal: $59,387.04
Late Fees: $524.50
Interest as of October 29, 2013: $4,065.23
Court Costs and Fees (estimated): $500.00*
Attorney Fees: $6,000.00
Escrow Advance Fees: $3,249.89
Additional Fees: $276.46
Total as of October 29, 2013: $70,753.23
Plus interest accruing at $9.76 per day from October 29, 2013, until paid in full.
*To be determined by the Cumberland County Sheriff.
12. Plaintiff specifically reserves the right to increase the Court Costs and Fees, and
Attorney Fees listed above should additional services be requested and /or costs /charges /fees be
incurred as a result of the collection of the money owed and foreclosure of the Real Property.
13. Pursuant to the notice provision of Act 6, 41 P.S. § 403, and Act 91, 35 P.S. §
1680.403(c) (collectively, the "Notice "), Plaintiff sent notices of intention to foreclose mortgage and
of the mortgage assistance program dated May 3, 2013, to Defendants by certified mail, return
receipt requested.
WHEREFORE, Plaintiff demands judgment against Defendants under the Note in the
amount of $70,753.23, plus interest from October 29, 2013, at the rate of $9.76 per day until the
debt is paid in full.
MARTSON LAW OFFICES
By: C :�ell C r f,
Christopher E. Rice, Esquire
I.D. No. 90916
Aaron S. Haynes, Esquire
I.D. No. 307746
Ten East High Street
Carlisle, PA 17013 -3093
(717) 243 -3341
Date: 11r-141 , 2013 Attorneys for Plaintiff
This is a debt collecting firm for Members 1" Federal Credit Union. Any information
obtained will be used for that purpose.
EXHIBIT "A"
NOTE
December 1, 2003 MECHANICSBURG Pennsylvania
[Date] [City] [State]
516 PENN AYR ROAD,CAMP HILL,PA 17011:
. [Property Address]
1. BORROWER'S PRONIISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 70, 000.00 (this amount is called "Principal "),
plus interest, to the order of the Lender The Lender is MEMBERS 1ST FEDERAL CREDIT UNION , Federal Credit
Union
1 will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly
rate of 6.0000 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)
of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1St day of each month beginning on February 1, 2004 I will
make these payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest
before Principal. If, on January 1 , 2034 , 1 still owe amounts under this Note, I will pay those amounts in full on
that date, which is called the "Maturity Date."
I will make my monthly payments at 5000 LOUISE 'DRIVE MECHANICSBURG, PA 17055
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 419.69
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
"Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a
payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the
Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my
monthly payment unless the Note Holder agrees in writing to those changes.
KEPHART 179104 179104 0
MULTISTATE FIXED RATE NOTE - Single Family- Fannie Mae /Freddle Mac UNIFORM INSTRUMENT
(0-51N (0207) Mw 07102 Form 3200 1/01 1 1
V
Page } of 3 MP MORTGAGE FORMS • (600) Initials. 629-7291
��
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from
me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated
as a partial Prepayment.
6. BORRO'WER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0000 % of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or
delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
under this Note against each person individually or against all of us together. This means that any one of us may be required to
pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
KEPHART 179104 179104 0
Form 3200 1 / 1
(M (02071 Page 2 of 3 Initie 9
C �}
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument "), dated the same date as
this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this
Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full
of all amounts I owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
WITNESS THE HANDS) AND SEAL(S) OF THE UNDERSIGNED.
(Seal) h (Seal)
G
STEPHEI KEP - Borrower KAJAUN KEPHART - Borrower
(Seal) (Seal)
- Borrower - Borrower
(Seal) (Seal)
- Borrower - Borrower
(Seal), (Seal)
- Borrower - Borrower
(Sign Original Only]
KEPHART 179104 179104 0
(M-5N 10207) Page 3 of 3 Form 3200 1101
EXHIBIT "B"
P 71
OF DE E
OQ
Prepared By: GWEN R. STONER Return To: MEMBERS IST F.C.U.
5000 LOUISE DRIVE
MECHANICSBURG, PA 17055
Parcel Number: 10 -20 -1848 -364
[Space Above This Line For Recording Data]
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated December 1, 2003 ,
together with all Riders to this document.
(B) "Borrower" is G STEPHEN KEPHART and KAJAUN L KEPHART
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is MEMBERS 1ST FEDERAL CREDIT UNION
Lender is a Federal Credit Union
KEPHART 179104 179104 0
PENNSYLVANIA - Single Family - Fannie Mae /Freddie Mae UNIFORM INSTRUMENT Form 3039 1101
(9-6(PA) t0009l
Page 1 of 18 MW 08/00 Initial
VMP MORTGAGE FOAMS • 18001621 -7291 1 1 111 { I
OK 184 7FIG4222'.
organized and existing under the laws of THE UNITED STATES OF AMERICA
Lender's address is P.O. BOX 40, MECHANICSBURG, PA 17055
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated December 1, 2003
The Note states that Borrower owes Lender Seventy Thousand and no /100
Dollars
(U.S. $70, 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than January 1, 2034
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property. "
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
�] Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider
Balloon Rider ❑ Planned Unit Development Rider 0 1-4 Family Rider
�] VA Rider ❑ Biweekly Payment Rider E Other(s) [specify]
(II) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non - appealable judicial opinions.
(I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
() "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(K) "Escrow Items means those items that are described in Section 3.
(L) ''Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the• coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and /or condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(1) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
KEPHART 179104 179104 k. 0
Inftiel.
4= -6( PA) 10008) page 2 of 18 , `� Form 3039 1/01
1 847PG4223
` 1
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.P.R. Part 3500), 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, "RESPA" refers to all requirements 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.
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and /or this Security Instrument.
TRANSPER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (1) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender the following described property located in the COUNTY [Type of Recording Jurisdiction]
of CUMBERLAND [Name of Recording Jurisdiction]:
Schedule "A" Attached
which currently has the address of
516 PENN AYR ROAD [Street]
CAMP HILL [city], Pennsylvania 17011 [Zip Code]
( "Property Address "):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property."
KEPHART 179104 179104 0
Initials:
-6(PA) (0008) Page 3 of 16 } Form 3035 1101
0
oK 1847PG4224
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender 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, 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, instrumentality, or entity; or (d) Electronic Funds Transfer.
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 15,
"Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender 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 Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower 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 immediately 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.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall 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
shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce 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 and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be
KEPHART 179104 179104 0
Initlal
® -6(PA) (0008) Page a of 1 Form 3039 1101
$�{! 847PG4225
paid in full. To the extent that any excess exists .after the payment is applied to the full payment of one or
more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the 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. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic 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) taxes and assessments 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 Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. 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, Fees, and Assessments, if any, be escrowed 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 Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall 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 9. 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, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 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 RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds 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 so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
KEPHART 179104 179104 0
inidala
M -6 (PA) I000e) Page 8of 16 Form 3039 1/01
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shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA,
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one -time charge for a real estate tax verification and /or
reporting service used by Lender in connection with this Loan.
5. Property 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 any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance.
This insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one -time charge for flood zone
determination, certification and tracking services; or (b) a one -time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
KEPHART 179104 179104 / 0
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(-6(PA) l000a) Pape 6 of 16 Form 3039 1101
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If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and /or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates, If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and /or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the'insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
KEPHART 179104 179104 0
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6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall , give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9. Protection of Lender's Interest In the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property and /or rights under
this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and /or assessing the value of the Property, and securing and /or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien
which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and /or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned
on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not
under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all
actions authorized under this Section 9.
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Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage
Insurance as a condition of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage
Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agreements. These agreements may require the mortgage insurer to make payments using any source
of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the
premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
KEPHART 179104 179104 0
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(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights
may include the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a
refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or
termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sum secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
greater than the amount of the sums secured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
KEPHART 179104 179104 0
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(W .g1pA) (0008) page foot 18 Form 3039 1/01
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dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Borrower. Lender shall not be required to continence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security instrument by reason of any demand made by the original
Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or
remedy including, without limitation, Lender's acceptance of payments from third persons, entities or
Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy,
13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this
Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the
terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
co- signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific
fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge
fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal
owed under the Note or by making a direct payment to Borrower. If a refund reduces principal; the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower_might have arising out
of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
KEPHART 179104 179104 0
Initlals:( j � _�
40 WA) locos) Page 11 of 16 Form 3039 1/01
BKI847PG4232
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly
notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's
change of address, then Borrower shall only report a change of address through that specified procedure.
There may be only one designated notice address under this Security Instrument at any one time. Any
notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address
stated herein unless Lender has designated another address by notice to Borrower. Any notice in
connection with this Security Instrument shall not be deemed to have been given to Lender until actually
received by Lender. If any notice required by this Security Instrument is also required under Applicable
Law; the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In
the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any . obligation to
take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
Provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) such other period as Applicable Law might specify for the termination of
Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration bad occurred; (b) cures any default of any other covenants or
KEPHART 179104 179104 / 0
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agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d)
takes such action as Lender may reasonably require to assure that Lender's interest in the Property and
rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the following forms, 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, instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby
shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not
apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer ") that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change which will state the name and address of the
new Loan Servicer, the address to which payments should be made and any other information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is
serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such
notice given in compliance with the requirements of Section IS) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental
Cleanup.
KEPHART 179104 179104 �L 0
Initials: �
®B {PA) 10608) Page 73 of 18 Form 3039 1101
'8K 1847 FIG 4 234
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not Iimited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified
by any governmental or regulatory authority, or any private party, that any removal or other remediation
of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
.Lender for an Environmental Cleanup.
NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify
Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when
the default must be cured; and (d) that failure to cure the default as specified may result in
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and
sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non - existence of a default or any other
defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at
its option may require immediate payment in full of all sums secured by this Security Instrument
without further demand and may foreclose this Security Instrument by judicial proceeding. Lender
shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,
including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by
Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge
and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge
Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services
rendered and the charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale,
and homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one
hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security
Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
KEPHART 179104 179104 �, 0
Initials ��
•6(PA) (000si Page 14 of IS Form 3039 1/01
8l847PC'4235
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
✓ (Seal)
STEPH KEP - Borrower
(Seal)
KAJAU KEPHART - Borrower
(Seal) (Seal)
- Borrower - Borrower
(Seal) (Seal)
- Borrower - Borrower
(Seal) (Seal)
- Borrower - Borrower
KEPHART 179104 179104 0
-6(PA) (oom Page Is or 1e Farm 3039 1101
` ij I'S 47TG423 -6
i
Certificate of Residence
I, GWEN R. STONER , do hereby certify that
the correct address of the within -named Mortgagee is P . 0, BOX 40, MECHANICSBURG , PA 17055
Witness my hand this 1ST day of DECEMBER, 2003
�r
ll.• Agent of Mortgagee
COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss:
On this, the 1ST day of DECEMBER , 2003 , before me, the
undersigned officer personally appeared STEPHEN KEPHART and KAJAUN L KEPHART
known to me (or
satisfactorily proven) to be the person(s) whose name(s) is /are subscribed to the within instrument and
acknowledged that he /she /they executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
t Al .
Title of Officer
Notarial Seal
Diane M. Smith, Notary Public
Mechanicsburg oro, Cumberland County
My Commission Expires June 22, 2004
KEPHART 179104 179104 / 0 initials,
(PA) (000si Page 1 e or r e Form 3039 1 /01
V
8 184�G23
}
ALL that certain piece or parcel of land situate in the Township of
Hampden, County of Cumberland and Commonwealth of Pennsylvania, more
particularly bounded and described as follows:
BEGINNING at a point on the western line of Penn -Ayr Road, which
point is at the dividing line between Lots Nos. 87 and 88 on Plan
of Lots hereinafter mentioned; thence South 81 degrees 58 minutes
20 seconds West, along the dividing line between Lots 87 and 88, a
distance of 116.2 feet to a point at other lands now or formerly of
Howard C. Gale Development Company, Inc.; thence North 03 degrees 56
minutes East, along said other lands a distance of 93.57 feet to a
point at the dividing line between Lots 88 and 89 on the said Plan of
Lots; thence South 87 degrees 35 minutes 15 seconds East, along the
last mentioned dividing line a distance of 105.17 feet to a point
on the western line of Fenn -Ayr Road; thence on a curve to the left
having a radius of 400 feet along the western line of Penn -Ayr Road,
a distance of 72.88 feet to a point, the place of Beginning.
BEING Lot No. 88 on Plan of Lots known as Part of Country Club Park,
which Plan is recorded in Plan Book 16, Cumberland County Office of
the Recorder of Deeds at page 16.
• - ._ »» +.'� `� .. - ��^Y'••v . w + . ...... ._... .. ..�.,....tYln'.^ i:: :'C _i.>4:I�:Ff1a4Y Y.1(. fT'i� .. .. .. . .. N. . . .._ .w . ... _ ....... ,
516 Penn Ayr Road
Camp Hill, PA 17011
Tax Parcel No. 10 -20-1848 -364
i cor' this" to be recorded
III (;1,t.IIA) :.eland County PA
S `
a�d.ur. o_ '`f D" eels
7012 3460 0001.2651 2800
Midwest Loan Services
61.6 Shelden Ave Suite 300
Houghton, MI 49931 -0144 7012 3460 0001 2651 2800
G KEPHART
KAJAUN KEPHART
516 PENN AYR RD -
CAMP HILL, PA 17011
-
VERIFICATION
D~
l =/~^/�°���q�� —~^ as an employee of Monber l Federal Credit Union,
acknowledges .1 have the authority to execute this \/rrifiuod\on on behalf o[Members ] Federal
Credit Onion and certify that the fbregoing Complaint in Mortgage Pnn:n]ooun: is based upon
information which has been gathered by my counsel in the preparation of the laWSLlit. The language
oF this document io that 0f counsel. and not /nyown. l have read the document and ho the extent the
Complaint iS based upon information which lhave given tozny counsel, |t|s true and correct k`the
best o[my knowledge. information and be|inf.To the extent the content Vf the Complaint is that of
counsel, l have relied upon counac\in making this Verification,
This s(uicn/en1 and Verification are onodo aohicct to the penalties of 18 Pa. C.S. & 4904
relating to unoworn fb\sifioutioo Co authorities, which provides that if knowingly make false
uvorcocnta,] may be subject to criminal penalties.
MEMBERS \ ur PBD2Tl/\L CREDIT UNION
8y: V"'V &Vw"'4
Name:
C 4
a.
Christopher E. Rice, Esquire
IO
Attorney I.D. No. 90916 y ti
Aaron S. Haynes, Esquire L(1(3 h0 26 Pi i ,
Attorney I.D. No. 307746
E u
MARTSON LAW OFFICES'��`- +C,Jj ";f
10 East High Street P ENNSYLVANIA
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Plaintiff
MEMBERS 1 FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF
UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. NO. 2013 - �Q CIVIL TERM
G. STEPHEN KEPHART AND KAJAUN
KEPHART
Defendants : IN MORTGAGE FORECLOSURE
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you
may be able °to participate in a court- supervised conciliation conference in an effort to resolve this matter
with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation
conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal
Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of
a legal representative at no charge to you. Once you have been appointed a legal representative, you must
promptly meet with that legal representative within twenty (20) days of the appointment date. During that
meeting, you must provide the legal representative with all requested financial information so that a loan
resolution proposal can be prepared on your behalf. Ifyou and your legal representative complete a financial
worksheet in the format attached hereto, the legal representative will prepare and file a Request for
Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you
will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable
arrangements with your lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be
eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Services for
F
the appointment of a legal representative. However, you must provide your lawyer with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60)
days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work
out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
By: 24A �- • /L,
,
Christopher E. Rice, Esquire
I.D. No. 90916
Aaron S. Haynes, Esquire
I.D. No. 307746
Ten East High Street
Carlisle, PA 17013 -3093
(717) 243 -3341
Date: /� , 2013 Attorneys for Plaintiff
■
■
■
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete- your request for hardship assistance, your lender must consider your
circumstances to determine possible options while working with your
Please provide the following information to the best of your knowledge:
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No
Mailing Address (if different):
City: State Zip:
Phone Numbers: Horne: Office:
Cell: Other:
Email:
# of people in household: How long?
Mailing Address:
City: State: Zip:
Phone Numbers: Horne: Office:
Cell: Other:
Email:
# of people in household: How long?
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ❑ No ❑
f �
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model: Year:
Amount owed: Value:
Automobile #2 : Model: Year:
Amount owed; Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year. Amount owed: Value
Monthly Income
Name of Employers:
1.
2.
3.
Additional Income Description (not wages):
1'. monthly amount:
2. monthly amount:
Borrower Pay Days: Co- Borrower Pay Days:
Monthly Exnenses:_ only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2 Mortgage Utilides
Car Pa ens Condo/Nei . Fees
Auto Insurance Med. not covered
Auto fuel/re airs Other p rop. pgMent
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Mone
Da /Child Care/I'uit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
2
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ❑ No ❑
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company
to resolve your delinquency?
Yes ❑ No ❑
If yes, please indicate the status of those negotiations:
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
I/We, , authorize the above
named to use /refer this information to any lender / servicer for the sole
purpose of evaluating my financial situation for possible mortgage options. I/We
understand that Uwe am/are under no obligation to use the services provided by the above
named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this document along with the following information to lender and
lender's counsel:
V Proof of income
Past 2 bank statements
V Proof of any expected income for the last 45 clays
Copy of a current utility bill
Y Letter explaining reason for delinquency and any supporting documentation
_+ (hardship letter)
Y Listing agreement (if property is currently on the market)
3
F:\FILES\Clients\I 1470 Members 1st\11470 Current\11470.305 Kephart\I 1470.305.pra.wpd
Christopher E. Rice, Esquire ''`,' 3 DEC 3G`
Attorney I.D. No. 90916
Aaron S. Haynes, Esquire ! 5� 4� 5
Attorney I.D. No. 307746
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF
UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. NO. 2013 - 7040 CIVIL TERM
G. STEPHEN KEPHART AND KAJAUN
KEPHART
Defendants : IN MORTGAGE FORECLOSURE
PRAECIPE
Please reinstate the Complaint in the above-referenced matter.
MA SON LAW FICES
By:
C i opher E. RLC , squire
I. . o. 90916
Aa S. Hayne , E uire
I.D. 0. 307746
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: / 3 p/l3 Attorneys for Plaintiff a(
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson }
Sheriff f, _
Ott of 11 ra?rr,rrd
Jody S Smith
Chief Deputy %i L .�r -- Ali i
Richard W Stewart ( �1; , ;
Solicitor , N
Members 1st FCU
vs. Case Number
G. Stephen Kephart(et al.) 2013-7040
SHERIFF'S RETURN OF SERVICE
11/27/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Kajaun L Kephart, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 516 Penn Ayr Road,
Hampden Township, Camp Hill, PA 17011. Defendant is deceased.
12/30/2013 02:49 PM - Sergeant Jason Vioral served the requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure by"personally" handing a true copy to a
person representing themselves to be the Defendant,to wit: G. Stephen Kephart at the Cumberland
County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013.
JASON •RAi, DEPUTY
SHERIFF COST: $61.41 Sri A■ . ERS,
X61:
December 30, 2013 RONNY R ANDERSON, SHERIFF
•
FAFILES \Clients \ 1 1470 Members 1st \ 11470 Current \ 11470.305 Kephart \ 11470.305.Kephart. Motion to Lift Staympd
Christopher E. Rice, Esquire
Attorney I,D. No. 90916
Aaron S. Haynes, Esquire
Attorney I.D. No. 307746
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
t.t?
)1-
IE PP,'OTHONC)
2014.11AR 1 1 FM 2:5?
CUMBERLAND COUNTY
PENNSYLVANIA
MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF
UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v. : NO. 2013 - 7040 CIVIL TERM
G. STEPHEN KEPHART AND KAJAUN
KEPHART
Defendants IN MORTGAGE FORECLOSURE
PLAINTIFF'S MOTION TO LIFT THE STAY
AND NOW, comes Plaintiff Members 1 Federal Credit Union, by and through its attorneys,
MARTSON LAW OFFICES, and files this Motion to Lift the Stay as follows:
1. Plaintiff, Members lst Federal Credit Union ("Plaintiff'), is a federally chartered
credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055.
2. Defendant, G. Stephen Kephart("Defendant"), is an adult individual residing at 516
Penn Ayr Road, Camp Hill, Cumberland County, Pennsylvania 17011.
3. Defendant, Kajuan Kephart, is deceased and her interest transferred automatically to
G. Stephan Kephart through the doctrine of tenancy by the entirety.
4. Plaintiff filed a Complaint in the above-captioned mortgage foreclosure action on or
about November 26, 2013, and forwarded a copy of the Complaint to the Cumberland County Sheriff
for service upon Defendants.
5. The Complaint included a Notice of the Cumberland County Residential Mortgage
Foreclosure Diversion Program as well as the Financial Worksheets. (See Complaint).
6. Cumberland County Sheriffs were unable to serve the Defendants on November 27,
2013.
7. On December 30, 2013, Plaintiff filed a Praecipe to Reinstate the Complaint, and
forwarded a copy of the re-instated Complaint to the Cumberland County Sheriff for service upon
Defendants.
8. According to the Sheriff's Return of Service, attached hereto and incorporated herein
as Exhibit "A," Defendant G. Stephen Kephart was served with the re-instated Complaint on
December 30, 2013, and the Sheriff reported back that Defendant Kajuan Kephart was deceased.
9. Per Administrative Order dated February 28, 2012, a 60 day Automatic Stay is placed
on all residential mortgage foreclosure actions in Cumberland County.
10. In order to participate in the Cumberland County Mortgage Diversion Program,
Defendant G. Stephen Kephart was required to file a Request for Conciliation Conference within 60
days of the date of service of the Complaint. Said 60 day deadline expired on March 1, 2014.
11. Upon information and belief, Defendant G. Stephen Kephart has not filed a Request
for Conciliation Conference in this matter and has not opted into the Diversion Program.
12. No judge has previously ruled in this matter.
13. Plaintiff has spoken to Defendant G. Stephen Kephart requesting concurrence in this
motion. Defendant G. Stephen Kephart does not concur.
WHEREFORE, Plaintiff requests this Court issue an Order lifting the Stay in this matter.
MARTSON LAW OFFICES
Date:
By: 4 C
Christopher E. Rice, Esquire
T.D. No. 90916
Aaron S. Haynes, Esquire
I.D. No. 307746
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
, 2014 Attorneys for Plaintiff
This is a debt collecting firm attempting to collect a debt for Members 1st Federal Credit
Union. Any information obtained will be used for that purpose.
EXHIBIT "A"
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
20Iu JAN -2 A1110: 03
' :U i8EELANU
PENNSYLVANIA
Members 1st FCU
vs.
G. Stephen Kephart (et al.)
Case Number
2013 -7040
SHERIFF'S RETURN OF SERVICE
11/27/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Kajaun L Kephart, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure as "Not Served" at 516 Penn Ayr Road,
Hampden Township, Camp Hill, PA 17011. Defendant is deceased.
12/30/2013 02:49 PM - Sergeant Jason Vioral served the requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a
person representing themselves to be the Defendant, to wit: G. Stephen Kephart at the Cumberland
County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013.
SHERIFF COST: $61.41
JASON •RA►, DEPU
ERS,
December 30, 2013 RONNY R ANDERSON, SHERIFF
(Ci CountvSu!.e Sher +t', i�lz: ;soli {nc
CERTIFICATE OF SERVICE
1, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Motion to Lift the Stay was served this date by depositing
same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Dated: j
Mr. Stephen Kephart
516 Penn Ayr Road
Camp Hill, PA 17011
MARTSON LAW OFFICES
By: V11,
a . Price
Ten High Street
Carlisle, PA 17013
(717) 243-3341
MEMBERS 1ST FEDERAL CREDIT IN THE COURT OF COMMON PLEAS OF
UNION,
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v. : NO. 2013 - 7040 CIVIL TERM
G. STEPHEN KEPHART AND KAJAUN :
KEPHART
Defendants : IN MORTGAGE FORECLOSURE
ORDER
AND NOW, this 1'f day of /174,4 , 2014, upon consideration of Plaintiff s
Motion to Lift the Stay, it appearing that Defendant has not opted in to the Cumberland County
Residential Mortgage Foreclosure Diversion Program by filing a Request for Conciliation
Conference within 60 days of the date of service upon him of the Complaint in this action, and it
further appearing that the 60 day deadline to file the said Request has expired, said Motion is hereby
granted and it is Ordered that the Stay is hereby lifted.
Distribute to:
stopher E. Rice Esquire
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
Counsel for Plaintiff
..#/<Stephen Kephart
516 Penn Ayr Road
Camp Hill, PA 17011
Pro Se
.3//q//7
BY THE COURT,
F:\FILES \Clients \I 1470 Members 1st \11470 Current \11470.305 Kephart \11470.305.pra.wpd
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Aaron S. Haynes, Esquire
Attorney I.D. No. 307746
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Plaintiff
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2014 APP 16 Ati1134Q
CUtiQQ LAAt4 •C0Ut4 T Y
P ERNSYLVI to
MEMBERS 1ST FEDERAL CREDIT
UNION,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2013 - 7040 CIVIL TERM
G. STEPHEN KEPHART AND KAJAUN :
KEPHART
Defendants
To the Prothonotary:
: IN MORTGAGE FORECLOSURE
PRAECIPE
Please mark the above -matter settled and discontinued.
MARTSON LAW OFFICES
By: 4 C �-
Date: /1-1-
Christopher E. Rice, Esquire
I.D. No. 90916
Aaron S. Haynes, Esquire
I.D. No. 307746
Ten East High Street
Carlisle, PA 17013 -3093
(717) 243 -3341
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON LAW OFFICES, hereby certify that a
copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle,
PA, first class mail, postage prepaid, addressed as follows:
G. Stephen Kephart
516 Penn Ayr Road
Camp Hill, PA 17011
MARTSON LAW OFFICES
By:
Dated: v /// i y
Mary Price
10 Eas igh Street
Carlisle, PA 17013
(717) 243 -3341