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Home My WebLink About06-0909 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Nnmber 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Household Realty Corporation 5701 East Hillsborough Avenue Tampa, FL 33610 v. Jeffrey J. Nophsker 1249 Rossmoyne Road Mechanicsburg, P A 17055 Attorney for Plaintiff Cumberland County Court of Common Pleas Number Ol.o - 9Dc; C~(j~L~YVL CIVIL ACTION/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 \....ithin 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 ajudgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important 10 you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, 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 LA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty A venue Carlisle. P A, 17013 800-990-9108 A VISO Le han demandado a ustcd en la corte. Si ustcd quicre defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entre gar a la corte en forma escrita sus detensas 0 sus objecioncs a ]as demandas en contra de su persona. Sea avisado que si usted no se defiende, ]a corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, ]a corte pucdc decidir a favor del demandante y requiere que usted cump]a con todas ]as provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u alros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE, SI USTED NO TlENE A UN ABOGADO, V A A 0 TELEFON EA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, EST A OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORA RIO REDUCIDO NI NINGUN HONORA RIO. Cumberland County Bar Association 2 Liberty ^ venue Carlisle, P A, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Attorney for Plaintiff Household Realty Corporation 5701 East HilIsborough Avenue Tampa, FL 336] 0 Cumberland County Court of Commort Pleas v. Jeffrey J. Nophsker ] 249 Rossmoyne Road Mechanicsburg, P A ] 7055 Number ()f.s, - Q09 C/U;L~8V'Vl I CIVIL ACTION/MORTGAGE FORECLOSURE I. Plaintiff is Household Realty Corporation, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Jeffrey J. Nophsker, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 1249 Rossmoyne Road, Mechanicsburg, P A 17055. 3. On 0111812000, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Providian National Bank which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1593, Page 594. 4. On 9118/00, the aforesaid mortgage was thereafter assigned by Providian National Bank to Mortgage Electronic Registration Systems, Inc. as Nominee for Household Financial Services by Assignment of Mortgage recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Book 655, page 3. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc. as Nominee for Household Financial Services to Household Realty Corporation by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 1249 Rossmoyne Road, Mechanicsburg, PA 17055. 7, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08116/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance Interest through 01/31/2006 (Plus $ 10.19 per diem thereafter) Attorney's Fee Late Charges Corporate Advance Cost of Suit Appraisal Fee Title Search $ 36,275.79 $ 2,268.74 $ 1,813.79 $ 144.00 $ 133.50 $ 225.00 $ 125.00 $ 200.00 $ 41,185.82 GRAND TOTAL 9. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 10. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. 9403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 P A Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $41,185.82, together with interest at the rate of $10.19 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. .'1 ),'., ./:;) . I ! !' /. . \ -'! . . ~,' i;f ' '/ /L / '-....!-- \ ",--'.elf Jr~/J( L ,/- TERRENCE J. McCAB , ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Terrence 1. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 P A.C.S. 94904 relating to unsworn falsification to authorities. " V\ n'; Terrence J. McCal'!e 1/ , "..cc,...:.:.:.:.:'-:'L_..' "REPj),~fED SY: After recording mail to: PrQvidhm National Bank clo Mortgagc Processing P.O. Box 9120 Pleasanton, CA 94566 Ref. No. 993550'0481 SJ"ACI: ....ROVE: l1US l.lNE FOR R!CORPER'S liSt ONl. ,. OPEN-END MORTGAGE This is an open~eud mortgage that secures future advances, which the lender has a contractual obligation to make on the terms and conditions set forth in this Open-End Mongagc and in any open-end Account Agreement with the borrower, as either this Open-End Mortgage or any such Account Agreement may be amended, modified or supplemented from time to time. NOTICE TO BORlROWER: This document contains provisions for a variable interest rale. THIS OPEN. END MORTGAGE (as amended, modified or supplemented !Tom time to time, the "Mortgage") is made on January 18, 2000 by JEFFREY J. NOPHSKER, A SINGLE PERSON ("Borrower") whose address is 1249 Rossmoyne Road. Mechanicsburg, Pennsylvania 17055, and Providian National Bank, which is organized and existing under the Jaws of the United States of America, and whose address is 295 Main Street, Tilton, NH 03276 ("Lender"). Borrower owes Lender the principal sum of Thirty Seven Thousand Nine Hundred One and 00/100 Dollars (U.S. $37,901.00) (the "Credit Limit") as evidenced by BOllower's Providlan National Bank Account Agreement dated of even date herewith (as amended, modified or supplemented'from time to time, the "Agreement"), This Mortgage secures to Lender: (a) the repayment of the debt evidenced by the Agreement, with interest thereon, and all renewals, future advances, extensions and modifications of the Agreement; (b) the payment of all other sums, with interest thereon, advanced to protect the security of this Mortgage; and (c) the performance of Borrower's coveoants and agreements under this Mortgage and the Agreement. For tbis purpose, Borrower irrevocably does hereby mortgage, warrant, grant and eonvey to Lender, the following described property located in CUMBERLAND County, State of Pennsylvania wltich has tbe address of 1249 Rossmoyne Road, Mechanicsburg, pennsylvania 17055 ("Property Address") and which is more particularly described in Exhibit "A" a<<ached hereto and made a pan hereof; TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a pan of the property. All replacements and additions shall also be covered by lltis Mortgage. All oBhe foregoing are hereinafteneferred to as the "Property." Borrower and Lender covenant and agree as follows: i\J'5OJ9 PENNSYLV"'WI... MORTGAGE 0dQba- 190, \~ P,gtl-12 99)~~00481 Nop/tIker h' bl ~~"'bf EXn \ ,,~\t I 'i, . "......'....,....~ I. TITLE. Borrower warrants and covenants that Borrower has good and marketable title to the Property and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower wW defend title to the Property against all claims and demands, subject to any encumbrances of record. 2. ADJUSTABLE MORTGAGE LOAN PROVISIONS. The Agreement contains provisions which permit (a) increases and decreases to the rate of interest provided in the Agreement on a monthly basis prior to the Conversion Date (as defined herein) and thereafter; (b) increases and decreases to the rate of interest and payments of principal and interest on a semj~annual basis; and (c) a limitation on increases and decreases to said interest rate and monthly payment amount. Reference is made to the Agreement for a complete description oflhe variable rate tenns of the indebtedness secured by this Mortgage. 3. OPEN-END CREDIT. The Agreement provides that for the fits! 10 years alter the date of the Agreement, the credit secured by the Property is an open-end revolving line of credit. At the end of approximately 10 years from the date of the Agreement (the "Conversion Date"), any principal amounts owed and outstanding under the Agreement will convert to an adjustable rate, adjustable payment, non-revolving fully amortizing 5 year tenn loan, as provided in the Agreement, with a maturity date of January 18,2015. All outstanding interest is due and payable no later than the Conversion Date. The Mortgage will continue to secure payment of all sums due and payable under the tenns of the Agreement, including without limitation any future advances and any sums advanced to protect the security of this Mortgage. Borrower's obligatlons under the Agreement shall be satisfied, and this Mortgage shan be released and a satisfaction of mortgage caused to be filed of record, and evidence thereof shall be furnished to Borrower upon (I) receipt by Lender of a written request from Borrower to close the Providian National Bank Account (the "Account") evidenced by the Agreement; and (ii) payment in full of the indebtedness setured hereby, inCluding without limitation any reasonable satisfaction Charges to the extent pennitted by applicable law. When the indebtedness secured hereby is fully paid, Lender shan provide to the Borrower in writing any notice required to be given under applicable Jaw and remit to the Borrower any amounts required to be remitted under applicable law, each within any applicable time requirements imposed under applicable Jaw. 4. FUTURE ADVANCES. The lien oflhe Mortgage secures the existing indebtedness under lhe Agreement up to a maximum of indebtedness outstanding at any time equal to $37,901.00, plus accrued and unpaid interest, and any future advances made under the Agreement or the Mortgage plus interest thereon, attorneys' fees, costs, advances made for the payment of (axes, assessments, maintenance charges, or insurance premiums, other costs incurred in the protection of the Property by reason of default by the Borrower under this Mortgage or the Agreement, and (if applicable) advances made under a construction loan to enable completion of the improvements for which the construction loan was originally made. AU advances will have the same lien priority as the advance initially made under the Agreement. The unpaid balance of the revolving line of credit under the Agreement may at certain times be zero; the interest of Lender herein will remain in fun force and effect notwithstanding a zero balance at any time. 5. RIDERS TO THIS MORTGAGE. If one or more riders are executed by Borrower and recorded together with this Mortgag'e, the covenants and agreements of each Souch rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Mortgage as if the tider(s) were a part of this Mortgage. [Check applicable box(es)] o Condominium/Planned Unit Development Rider o l-4 family Rider APSOJ9 PF.NNSYl.V.',N1A MORTGAGE Onober 19, 19911 f'.,~z.12 9':n~~oo.t'l Nophper Pt.af2\lof'll 6. PRIOR MORTGAGE. If the provisions of this paragraph are completed, this Mortgage is subject and subordinate to a prior mortgage dated , and given by Borrower to . as mortgagee, in the original amount of $ (the "Prior Mortgage"). Borrower shall not increase, amend or modify the Prior Mortgage wi\hoUl Lenders prior written consent and shall upon receipt of any written notice from the holder of the Prior Mortgage promptly deliver a copy of such notice to Lender. Borrower shall pay and perfonn all of Borrower's obligations under the Prior Mortgage as and when required under the Prior Mortgage. NOTICE: See the attached pages which are incorporated herein by this reference into this Mortgage for additional agreements, terms and provisions contained in this Mortgage. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrances with a Hen which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage of any default under the superior encumbrance and of any sale or other foreclosure action. AP'039 PENNSYLVANIA MORTGAGE ~1<Itt...-19,J99I PageJ.J2 ~)550048J NopIuk~ "~1I121 of41 IN WITNESS WHEREOF, Borrower has executed this Mortgage. ~7fk ~ske Slate of Pennsylvania _ fi)~k__countyss: :;'a?~ ~~r~~'~iX~~ry Public in and for said county,and state, do hereby ceni~ . personally known to me to be the same person(s) whose name(s) ; S' subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that vhe ~signed and delivered the said instrument as A free voluntary act. for the uses and purposes therein set forth. Given under mOand and offici ~OA~"-" 1,4- Notary Public My Commission expires: seal, this ~~ay of;:;;l'"",UM i ,1JJD& NOTf..R'''l~~EAl~' " Danni. RobEKt Rosenberg, Notary PUbliJ SW8>ara Twp., Dauphin Co""t - Com~.E:n.p;re~ Aug. 2~., ~on:3 (notarial seal required] AP~Q)9 PENNSYLVA.NIA M0A.1QAGE OctlXH:l' 19, 199& Pq:c4-1Z 9<rH5004SI ~pllsk. hSI"~2of41 ADDITIONAL TERMS OF MORTGAGE A. IMPOUND ACCOUNTS. So long as Borrower pays, prior 10 delinquency, all yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over the Mortgage and ground rents on the Property, if any, plus all premiums for hazard insurance and mortgage insurance, if any, Lender waives the requirements of the following. Thereafter, until the Agreement is paid in full, Borrower will pay to Lender when monthly payments are due under the Agreement, a sum ("Funds") for: (a) one-twelfth yearly taxes and aSsessments which may attain priority over this Mortgage as alien on the Property; (b) one-twelfih yearly leasehold payments or ground rents on the Property, if any; (c) one-twelfth yearly hazard or property insurance premiums; (d) one-twelfth yearly flood insurance premiums, if any; (e) one-twelfth yearly mortgage insurance premiums, if any; and (1) any sums payable by Borrower to Lender, in lieu ofthc payment of mortgage insurance premiums. These items are called "Escrow items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount allowed by law. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otbenvise in accordance with applicable Jaw. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow }terns, unless Lender pays Borrower interest on the funds and applicable law perm its Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection whh this loan1 unless applicable law provides otherwise. Unless applicable law requlres interest to be paid, Lender is not required to pay Borrower any interest or earnings on the funds. Lender will give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Mortgage, If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and. in such case Borrower will pay to Lender the amount necessary to make up the deficiency. Borrower will make up th.e deficiency in no more than twelve monthLy payments, at Lender's sole discretion. Upon payment in full of all slims and closing of the account secured by this Mortgage, Lender will promptly refund to Borrower any Funds held by Lender within any time period as may be required by applicable law. If Lender acquires or sells the Property, Lender, prior to the acquisition or sale of the Property, will apply any Funds held by Lender at the lime of acquisition or sale as a credit against the sums secured by this Mortgage. B. LIENS; PRESERVATION OF PROPERTY. Borrower will perform all of its obligations under any security agreement with a lien which has priority over this Mortgage. including making payments when due. Borrower will pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments, or ground rents. if any. Borrower will keep the Property in good condition and repair and will not commit wash: or pennit impainnent or deterioration of the Propeny or use it in a destructive manner and shall comply with any lease provisions if this Mortgage is a leasehold. Borrower shall comply with all laws, ordinances, regulations and requirements of any govemmenlal body applicable to the Property. Lender may make or cause to be made reasonable entries upon and inspection of the Property, including, without limitation, fOT the purpose of conducting environmental inspections and audits. If Borrower is in default, or if any proceeding is commenced which materially affects Lender's interest in the Property, or the Property is damaged, Lender may without notice to or demand on Borrower make such appearances, advance such sums, and take such actions as Lender deems N>j0l9 I"ENNSYLVANlA MORTGAGE tkwber Ii), 199' r..~S-I1_ 991SSOQ<<\ Nop!!.d,-"," Page2Jof<l1 . - ,-.-.:':"'''':'..! necessary or advisable to pf'otect Lender's interest to the extent pennitted by applicable law. Any amounts which Lender advances on Borrower's behalf will be added to Borrower's indebtedness and this Mortgage shall from the date thereof se:cure the repayment of such advances with interest. C. INSURANCE. Borrower will maintain and pay for property damage and flood (if required) insurance on the improvements now existing or hereafter erected on the Property as required by the Agreement. In the event of loss. Borrower \vil'l 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, insurance proceeds will be applied to restore or repair the Property damaged if economically feasible and Lender's security is not lessened. If the restoration or repair is not econornical1y feasible or Lender's security would be lessened, the insurance proceeds will be applied to the sums secured by this Mortgage, whether or not then due, with any excess prlid to Borrower and such application will not extend or postpone the due date of the monthly payments due under the Agreement or change the amount of the payments. If Borrower abandons the Property, or does not answer within 30 days after the date the notice is given by Lender to Borrower that the insurance carrier has offered to settle a claim, then Lender may coUecl the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Mortgage, whether or not the sums are then due and such application will not extend or postpone the due date of the monthly payments due under the Agreement or change the amount of the payrnents. If Lender acquires the ?roperty, Borrower's right to any insunmce policies and proceeds resulting from damage to the Property prior to the acquisition will pass ro Lender to the extent of the sums secured by this Mortgage immediately prior to the acquisition. D. CONDEMNATION. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, an:: hereby assigned and will be paid to Lender and will be applied to the sums secured by this Mortgage whether or not the sums are then due and such application will not extend or postpone the due date of any payments under the Agreement. If Borrower abandons the Property, or does not answer within 30 days after the date notice is given by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, then Lender can coUect and apply the proceeds, at its option, either to restore or repair the Property or to the sums secured by this Mortgage, whether or not the sums are then due and such appJication will not extend or postpone the due date of any payments under the Agreement. E. DEFAULT. Borrower will be in default hereunder if Borrower fails to meet the repayment tenns in the Agreement or Borrower's action or inaction adversely affects the Property or Lender's rights in the Property, including, but not limited to: (a) failure to maintain required insurance on the Property; (b) Borrower's transfer of the Property; (c) failure to maintain the Property, or use of it in a destructive manner; (d) commission of waste; (e) failure to pay taxes on Ihe Property or otherwise fail to act and thereby cause a lien to be filed against the Property that is senior to this lien; (I) death of all Borrowers; (g) the Property is taken through eminent domain; (h) a judgment is filed against Borrower and subjects Borrower and the Property to action that adversely affects Lender's interest; (i) a prior lienholder forecloses on the Property and as a result, Lender's interest is adversely affected; or APSOJ9 PENNSYlVANIA MORTGAGE 0l'1"~rI9.1991 Pagc6-12 99JSSOO4'1 N~~I:c", Plge24Qof'll G) Borrower engages in fraud or material misrepresentation. in connection with any phase of this ho.me equity Line of credit. If Borrower is in default, Lender has all the remedies provided under the Agreement and this Mortgage and by law. including, without limitation, temlinating the Account, requiring Borrower to pay the entire outstanding balance in one payment, charging Borrower any fees related to the collection of the amount owing, and for protection of the Propert)' including, without limitation, costs and expenses incurred in connection with environmental inspections and audits or in enforcing the remedies provided for in this Mortgage. F. I. FORECLOSURE. ln the event of a default, in addition to any cause of action on the Agreement or other agreement se<ured by this Mortgage and any other remedy Lender may immediately exercise against Borrower under applicable Jaw, lender may, after giving Borrower any notice required, and complying with any other applicable requirements imposed, under applicable law, immediately commence foreclosure proceedings against the Property through judicial proceeding, pursuant to applicable law and proceed to sell the Property or to caUSe the same to be sold in accordance with said statutes in a single parcel or in several parcel:) at Lender's option. Unless otherwise required by applicable law, Lender will apply sale proceeds derived from a foreclosure sale, first, to all reasonable costs~ then to sums secured by the Mortgage; and then to the persons legally entitled to it. To the extent pemitted by applicable law, "costs" include attorneys' fees (including fees for attorneys employed by us or our agents), Mortgagee's fees, expenses of attempted collection, protecting the Property, including, without limitation, costs and expenses incurred in connection with environmental inspections. and audits, providing insurable title to a purchaser, and other expenses Lender ioc:urs to enforce its rights under the Agreement or the Mortgage. If Lender has not acted under this section, Lender may be required t~dvllnce funds to cover Borrower's transactions even if Borrower is in defau It. 2. BORnOWER'S RIGHT TO REINSTATE. Notwithstanding Lenders acceleration of the sums secured by this Mortgage, Borrower shaH have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued and cure the default and prevent sale or other disposition of the Property and avoid acceleration at any time at least one hour prior to the scheduled start of bidding at the general proceeding (whether it be a sheriffs sale or other judicial sale) at which the Property is originally listed for sale by: (I) paying or tendering in the form of cash, cashier's check or certified check all sums which would have been due at the time of payment or tender in the absence of default or acceleration; (2) performing any other ohligation which the Borrower would have heen bound to perform in the absence of default or acceleration~ (3) paying or tendering any reasonable anomeys' fees as permitted by applkable law and the reasonable costs of proceeding to foreclosure as specified in writing by the Lender actually incurred to the date of payment; and (4) paying any reasonable late penalty provided tor in this Open-End Mortgage or the Agreement. Upon such payment and cure by Borrower. this Mortgage and the obligations secured hereby s.haH ~main in full force and effect as if no acceleration had occurred. The right to reinstate may only be exercised by Borrower up [0 three times in any calendar year and, to the extent permitted by applicable law, shall not apply in the case of acceleration under Paragrap/l E. G. ASSIGNMENT OF RENTS. To the extent allowed under applicable law, as additional security hereunder, Borrower hereby assigns to Lender all of Borrower's right, title and interest in and to all rents due or to become due or paid from or on account of the Property, provided that prior to acceleration of the Mortgage or abandonment of the Property, Borrower can collect and retain such rents as they become due and payable, Upon acceleration of the Mortgage 0.- abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver will, after giving Borrower any notice required, and complying with any other applicable requirements imposed, under applicable law, be entitled to enter upon, take possession of and A'SOl9 PENNSYL VA.Nli\ MORTGAGe OCloberI9,199' "!I,,1-12 9'JJ~S<>>l." Nophd;er p.~2SQr41 _.--. -,-._- manage the Property and to collect the rents of the Property including those past due. Unless otherwise required by applieable law, all renls collected by Lender or the receiver will be applied first to payment ofthe costs of management of the P,'operty and collection of rents. including, but not limited to, receiver's. fees, any premium on recei"er's bonds and rC8sonable attorneys' fees, and then to the sums secured by this Mortgage, Lender and the receiver are liable to account onJy for those rents actually received, H. SUCCESSOI\'.S AND A~;SIGNS BOUND; JOINT AND SEVERAL LIABILITY. The covenants and agreements of lthis Mortgage shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of Paragraph K. Borrower!s covenants and agreements shall be joint and several. Any Borrower who! co-signs this Mortgage but does not execute the Agreement: (a) is co-signing this Mortgage only to mortgage and warrant such Borrower's interest in the Property under the terms of this Mortgage; (b) is not personally obligated to pay the sums secured by this Mortgage; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the tenns of this Mortgag,c or the Agreement without that Borrower's consent I. NOTICES. Excepr as required by applicable law, notices to Lender or Borrower shall be given in the manner prQvided in thle Agreement. J. GOVERNING L.A W, SEVERABILITY. Subject to principles governing choice of law, this Mortgage is made pursuant to, "nd shall be construed and governed by, the laws of the United States applicable to national banks, and, where no such federal laws or regulations apply, by the laws of the State of New Hampshire, and the in J"em rights, remedies and procedures of the state in which the Property is Jocated and by the rules and regulatiolns promulgated thereunder. if any paragraph, clause or provision of this Mortgage or the Agreement or any other obligation secured by this Mortgage is construed or interpreted by a court of competent jurisdiction to be vuid. invalid or unenforceable, such decision shall affect only those paragraphs, clauses or provisions s;o construed or interpreted and shan not affect the remaining paragraphs, clauses and provisions of this Mort.gag.e or me Agreement or other obligations secured by this Mortgage. K. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or h"ansferred and Borro~er is not a natural person) without Lcnde.-'s prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Mortgage, However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage, 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 delivered or mailed within which Borrower mllst pay all sums secured by this Mortgage, If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. L. HAZARDOUS SUBSTANCES. Borrower will not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law; notwithstanding foreseeing the presence, use, or storage on the Property results from small quantities of Hazardous Substances that are generally recognized to be appropriate to nQnnaJ residential uses and to maintenance of the Property, Borrower shall promptly give Lender written notice of 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 whicb Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous APSOJSI PENNSYLVANIA MORTGAGE OctDber 19, t99l! I'lyd-12 W3~~~\ ~Iker PIgc26or41 Substance affecting the Propen\y is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmenta I Law. As used herein, "Hazardous Substances" are those substances defined as toxic or hazardous substanc cs 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 formalde hyde, and radioactive materials; and "Environmental Law" means federal laws and laws of the jurisdiction y, ,here the Property is located that relate to health, safety or environmental prolel.1.ion. M. INJURY TO PROPERT Y. To the fullest extent permitted by applicable law, all causes of action of Borrower, whether accrued be fore or after the date of the Mortgage, for damage or injury to the Property described in the Mortgage or aT IY part hereof, or in connection with the transaction financed in whole or in part by the funds loaned to Borrowor by Lender, or in connection with or affecting the Property or any part thereof, including causes of action aris:ing in tort or contract and causes of action for fraud or concealment of material fact are, at Lenders option, a~isigned to Lender, and the proceeds thereof shall be paid to Lender who, after deducting therefrom all its e)(penses, including reasonable aUomeys' fees, may apply such proceeds to the sums secured by the Mongag,e or to any deficiency under the Mortgage or release any moneys so received by it or any part thereof, as Lender may elect. Lender may, at its option, appear in and prosecute in its own name any action or proceeding to enforce any such cause of action and may make any compromise or settlement thereof. Borrower agrees to execute such further assignments and other instruments as from time to time may be necessary to effectuate the foregoing provisions and as Lender shalJ request. N. FEES. Lender, or it's suctessors and assigns, may charge and Borrower agrees to pay a reasonable release fee for each full {'lr partial release of the Mortgage together with any fees or charges assessed for recording each such full 01" partial release if permitted under applicable law at the time of any release. Lender may charge Borrower a reasonable fee for any services rendered to Borrower or on Borrower's behalf pursuant to the Mortgage or the Agreement to the extent petmitted under applicable law. Any such charge shall be secured by the Mortgagel and Borrower agrees to pay the same upon demand, together with interest thereon from the date of such charges at the rate payable from time to time on outstanding principal under the Agreement to the extent l'ennirted by applicable law. O. OFFSETS. No indebtedness secured by this Mortgage shall be deemed to be offset or compensated by all or part of any claim, cause of action, or counterclaim, whether liquidated or unliquidated, which Borrower now or hereafter may have or may claim to have against Lender. r. WAIVER OF EXEMPTIONS. To the fullest extent penniued by applicable law, Borrower hereby waives all rights ofhomeste~ld exemption in the Property which may arise after the execution of this Mortgage and aU rights to any other exemptions from execution or judgement that Borrower may at any time have the right to assert or otherwise receive the benefit of under applicable law, Q, SEVERABILITY. Any provision of this Mortgage which is prohibited or unenforceable shall be ineffective to the extent of such prohibition to such unenforceability without invalidating the remaining provisions thereof. AJ>)039 PENNsYLVANIA MORTGAGE Oc:~HI,\99S t'llSo:~-1l 99JH(:Il)48t N(I,ll1t.er PIi" Z7of~1 Exhibit A ALL THAT CERTAIN PARCEL OF LAND SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, BEING KNOWN AND DESIGNATED AS METES AND BOUNDS PROPERTY IN DEED BOOK 156 PAGE 1032. TAX 10# 13-26-0347-39 Title oflnstrument: Open-end Mortgage Lender: Providian National Bank Borrowers; JeflTey J. Nophsker After recording mail to: Providian National Bank c/o Mortgage Processing P.O. Box 9120 Pleasanton, CA 94566 Ref. No. 9935500481 AP50J9 I'ENNSYL VANIA MORTGAGE OCtobe.J9,199lI Pagell-r2 '1915WQ.4&\ NlIpIu;kcr ragl'2S1"r4\ CERTIFICATE OF RESIDENCE 1 hereby certify that Providian National Bank's address is: C/O Mortgage Processing P.O.Box 9120 Pleasanton, CA 94566 o tl ^ , CXLrd.0--. 0. V\ \u ]\~ By: Its: APSOJ9 PENNSYLVANI.... MORTGAGE Octobu 19. 1995 Page 12-12 99H'>004Bl Nophska PI!leJOof41 ~; .......::'- :,. '} ~,-,2;' ~ "-J' , ~. ~ f.J ~ U\ \\:- \+ UI U't - ..::t () 1 ~, ~ C>' '0 E -f.- '-(. ,'" I '-', '~~9" \',... ,'\ " McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation Cumberland County Court of Common Pleas v. Jeffrey J. Nophsker Number 06-909 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor ofP1aintiff and against Defendant in the above- captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 02/01/2006 - 04/03/2006 $ 41,185.82 $ 631.78 TOTAL $ 41,817.60 ...-.-' / /~G<..-o~ /11rW-c TERRENCE J. Me ABE, ESQUIRE AND NOW, this !:;'-I~ay of f)~; L ,2006, Judgment is entered in favor of Plaintiff, Household Realty Corporation, and against Defendant, Jeffrey 1. Nophsker, and damages are assessed in the amount of $ 41,817.60, plus interest and costs. BY THE PROTHONOTARY: /) (jAYis ~ /s:/ 7 " McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Snite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation Cumberland County Court of Common Pleas v. Jeffrey J. Nophsker Number 06-909 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Jeffrey J. Nophsker, is over eighteen (18) years of age and resides at 1249 Rossmoyne Road, Mechanicsburg, P A 17055. SWORN TO AND SUBSCRIBED (J BEFORE ME THIS 3 DAY OF ~,2006. ~~/ o. i0\t(' PAO.QP r--'--"~:::----l-:1 , m.c~\"- ,: . ,';' .,,',j'_.. ,:~~!(t;::.:: , !_I2:"..____.._._____ __:v._,__._',;~ =\\:'~.~_~ --;-:;~ c.-<- tl. /11 r cd--r TERRENCE J. McL:ABE, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation Cumberland County Court of Common Pleas v. Jeffrey J. Nophsker Number 06-909 Civil Term CERTIFICA TlON Terrence J. McCabe, attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME THIS 3,('TIAY OF ~ ,2006. ~~<<...-#.M("'~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff ~WJ (J .1Y\<~ N I ~'~'{-~Ul3~I~'_'~~:-1 ( 1""...... ' ....'...J \ ......, ' . ;---~-~_.. . .,.,--...._. VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 P A.C.S. Section 4909 relating to unsworn falsification to authorities. 0~~ p. 111/~~ TERRENCE J. McCABE, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, P A 17013 Curt Long I'rothonotary March 23, 2006 To: Jeffrey J. Nophsker 1249 Rossmoyne Road Mechanicsburg, P A 17055 Household Realty Corporation vs. Jeffrey J. Nophsker Cumberland County Court of Common Pleas Number 06-909 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE you ARL:: IN DEFAULT BE('AIISI' YO!.! HAVE FAlLL:D TO [:nrER A WRITTE!\I APPEARANCE PERSONALLY OR B'{ ATTORNEY ANI) FJLE IN WRITfN(; \\TIlI TlH.: COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH i\G.\rNSl 'l-O\). UNLESS YOU AC r WrTlUN TEN (10) DAYS FROM TilE D,\T[ OF TillS NOTICE, A JlJ])U~vlENT f<..'iA\" BE ENTl~RED 1$ji\lNST YOU WITHOUT AllEAR1NG AND YOU MA Y LOSE YOUR PROI'ERTY OR OTHI::R 1r-.:II'ORT/\NT RIGHTS. You SlmUlnTAKE THiS I'AI'I-:R TOYOUR LAWYER AT 01'\(L IF'iOU DO NOT HAVE A LA \VYER. (;0 TO OR TLLI:-:PH()NE THE OFFICE SET FORni BELOW. THIS OFflC'E CAN PROVIDE YOU WIT\1 INFORM]\T\ON ABOUT HIRING A L\",,"Yr:r~. IF \'0(.1 C ANN(n A.FFORD TO tllRE A 1..'\\VYLR, TH1SOl'HCE MA 'i BE ABLE JO PROVIDE YOU wrnllNrORMAT10NABOlJT AGENCIES nL\TMA Y OFrER I.LGAL SERV(<TS TO EUti!BLl; PERSONS A.T A REDUCED ft.E OR NO I'EE. ('ulllb~r1and ('Ollll!)' Bar Assoc.;ialion 2 Lib~r1y AvellLlt: Carlisle, PA, 17013 800-990-910S TJM/cmo NOTIFICACION IMPORTANTE Terrence .J. McCabe, Esquire Attorney for Plaintiff MeCABE, WEISBERG & CONWAY, P.c. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 \ ..-lQ.. n ;::J ~ II G c ~n $ .-' it.. .....S'.,_._,--, "i-- . , ,d,-< \) \ - R.J ~ -- ~ C', -l ...0 ..,.-,. , ..t::: .,> n ~ " ~ -e: I. ~<, --- "\:). ~ > -- :~2. " QJ r ~ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary To: Jeffrey J. Nophsker 1249 Rossmoyne Road Mechanicsburg, PAl 7055 Household Realty Corporation Cumberland County Court of Common Pleas v. Jeffrey J. Nophsker Number 06-909 Civil Term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curt Long Prothonotary ....x..- Judgment by Default ~/ !:/()b Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. Esquire at (215) 790-1010. SHERIFF'S RETURN - REGULAR CASE NO: 2006-00909 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS NOPHSKER JEFFREY J ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NOPHSKER JEFFREY J the DEFENDANT , at 1845:00 HOURS, on the 2nd day of March , 2006 at 1249 ROSSMOYNE ROAD MECHANICSBURG, PA 17055 by handing to JEFFREY NOPHSKER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.68 .00 10.00 .00 37.68 So Answers: r~~/~~ R. Thomas Kline me this ;U..... day of 03/03/2006 MCCABE WEISBERG CONWAY _E~\-~ Deputy ~riff Sworn and Subscribed to before ~ri;Ji!i;i"D roth ary