HomeMy WebLinkAbout06-3545IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMorgan Chase Bank, N.A.
successor by merger with
Bank One, N.A.
Plaintiff,
V.
John A. Koveleski
Defendant
TO: DEFENDANT:
YOU ARE HEREBY NOTIFIED
ENCLOSED COMPLAINT WITHIN
FROM SERVICE HEREOF OR A
MAY BE ENTERED AGAINST YOU.
TO PLEAD TO THE
TWENTY (20) DAYS
DEFAULT JUDGMENT
WELTMAN, BE &REIS CO., L.P.A.
By:
ATTORNEYS FOR PLAINTIFF
1 HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS:
111 East Wisconsin Avenue
Milwaukee, W 153202
AND THE DEFENDANT ARE:
17 Neponsit Lane
Camp Hill, PA 17011
WELTMAN, WEEIINN'B1ERG.,&R?EIS CO., L.P.A.
BY: (. l C1lLP.lls„'?
ATTORNEYS R PLAINTIFF
I HEREBY CERTIFY THAT THE LOCATION OF THE REAL
ESTATE AFFECTED BY THIS LIEN IS:
17 Neponsit Lane
Camp Hill, PA 17011
Lower Allen Township
WELTMAN. WEWMG & REIS CO., L.P.A.
BY:
ATTORN S FOR PLAINTIFF
NO. 6(o -.3SV
ISSUE NO.:
CODE:
TYPE OF PLEADING:
COMPLAINT IN MORTGAGE
FORECLOSURE
FILED ON BEHALF OF:
PLAINTIFF
COUNSEL OF RECORD FOR THIS
PARTY:
Samantha T. Estevez, ESQUIRE
Pa. I.D. #89204
WELTMAN, WEINBERG & REIS CO., L.P.A.
325 CHESTNUT STREET
SUITE 1120
PHILADELPHIA, PA 19106
(215) 599-1500
W W R#05234236
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMorgan Chase Bank, N.A.
successor by merger with
Bank One, N.A.
Plaintiff,
V.
John A. Koveleski
Defendant.
NO:
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMorgan Chase Bank, N.A.
successor by merger with
Bank One, N.A.
Plaintiff,
v. NO: OL -.3SYS
John A. Koveleski
Defendant.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now, comes Plaintiff, JPMorgan Chase Bank, N.A. successor by merger with Bank
One, N.A., by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files
this Complaint in Mortgage Foreclosure, averring in support thereof the following:
1. The Plaintiff is JPMorgan Chase Bank, N.A. successor by merger with Bank One,
N.A., a lending institution duly authorized to conduct business within the Commonwealth of
Pennsylvania (hereinafter "Plaintiff').
2. The Defendant is John A. Koveleski, an adult individual whose last known address
is 17 Neponsit Lane, Camp Hill, PA 17011.
3. On or about November 20, 2003, the Defendant executed a Promissory Note in
the original principal amount of $75,000.00. A true and correct copy of said Note is marked
Exhibit "A", attached hereto and made a part hereof.
4. On or about November 20, 2003, as security for payment of the aforesaid Note,
the Defendant made, executed and delivered to Plaintiff, a Mortgage in the original principal
amount of $75,000.00 on the premises hereinafter described, said Mortgage being recorded in
the Office of the Recorder of Deeds of CUMBERLAND County on December 2, 2003 in
Mortgage Book Volume 1847, Page 0072. A true and correct copy of said Mortgage containing
a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto
and made a part hereof.
5. The Defendant is the current record and real owner of the aforesaid mortgaged
premises.
6. The Defendant is in default under the terms of the aforesaid Note and Mortgage.
7. Demand for payment has been made upon the Defendant by Plaintiff, but
Defendant was unable to pay the principal balance, interest or any other portion thereof to
Plaintiff.
8. On or about May 8, 2006, Defendant was mailed Notice of Homeowner's
Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance
Act, Act 91 of 1983 and pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et
seq. A true and correct copy of the Act letter, is attached hereto made part hereof and marked as
Exhibit "C".
9. The amount due and owing Plaintiff by Defendant is as follows:
Principal $ 68,644.16
Interest thru June 19, 2006 $ 2,229.92
Late Charge thru June 19, 2006 $ 75.00
Execution Costs thru June 19, 2006 $ 0.00
Attorneys' Fees thru June 19, 2006 $ 1,000.00
Title Search $ 335.00
TOTAL $ 72,284.08
10. Contemporaneously hereunder, Defendant has been advised of his right to dispute
the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30
Day Notice, attached hereto marked Exhibit "D" and made a part hereof.
WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of
$72,284.08, with interest thereon at the rate of $12.32 per diem from June 19, 2006, plus costs, in
addition to late charges and for foreclosure and sale of mortgaged premises.
WELTMAN, WEINBERG & REIS CO., L.P.A.
Samantha T. Estevez, Esquire
Pa. I.D. #89204
Attorneys for Plaintiff
Waltman, Weinberg & Reis Co., L.P.A.
325 Chestnut Street, Suite 1120
Philadelphia, PA 19106
(215) 599-1500 ext. 81506
W W R #05234236
MASC?OAFE
PROMISSORY NOTE
Principal Amount: 875,000.00 Interest Rate: 8.550% Date of Note: November 20, 2003
PROMISE TO PAY. I I'Bormweel promise or pay to Bank One. NA 1'Lendre'l, or order, in lawful money of the United atsw of America, the
Principal smcod of amdy-Me Thousand a 001100 Dagara 1175,000.001, Moth. with Interest at the We of 8.550% our annum on the
unpaid principal bolm o from November 25. 2003, me paid N full.
PAYMENT. I we My this ban In 180 payments of $084.75 each payment. My lest payment Is due December 20. 2003. and as subsequent
payments 0. due on IM earn, day of wen month afore Suit. My find payment Will be duo on November 20, 2018, and VAN be an all principal
and all accrued Intanm not yet paid. Payments bwluda principal and merest. Unless otherwise agreed or nqubed by applicable law. peymetu
will be *speed hid ta moved unpaid keenest, own ta Prkwipai, and my Working ame a to any unpaid selection come and We "gas.
Inbnrt on this Noce Is compared an a 3B5/365 slowle [normal bale: then Is. by applying tbe redo of the annum Interest rate over the number of
dm In a yam (386 enable law read, mwnWed by th. anm.ndlM Principal balance. awMpted by the amuai number of days the principal
baiarce is outstanding. I wig pay Leine as Lander's address shown above or m such other place and such mummer an Lander may deslonsu In
writing.
PREPAYMENT. Upon evaporation of this None, Lender Is entitled to the following pWaym m fee: N you pay elf your ban in full within thirty
1301 months of the date you else yew barn, yen we Mse to pay a Prepayment Fse of 1% of one original ben emoted a $500.00 whieMVx to
less. Except for the foregoing. 1 may pay al sr a portion of the am=M owed caber than it Is due. Early psYnorm$wW be applied firm as noted
above in the Payment paragraph and then W my rem mouing paymential. Partial payment of any regular payment will not relbua ms of my
j obligation to make the ramakdor of the partial payment when dual. Depending on my parmem history, early payments may reduce the principal
balance due and may msuh in my making fewer payments. I agree not to send Lander payments marked 'pad b full', 'without rapoura'. or
similar language. It I send such a Payment, Larder may sector it without losing any of Lender's it" under this Nate, and I will remain
obligated to pay any further amount owed to Lender. AN written communications concerning disputed amours, Including any check or other
payment instrument that Indicates that the payment constitutes 'Payment M lull' of the amount owed or that is contend with other conditions
or Ilmltmons or as full satisfaction of a disputed amount must be mated or delivered to: Bank Ode P.O. Box 901008 For Worth. TX
78101.2008.
LATE CHARGE If a payment Is 15 days of mom Ire I Will be changed $25.00.
INTEREST AFTER DEFAULT. Upon diet, Including fasun an pay upon final maturity, the IoW $am due under this Now will bear Internet from
the data of acceleration or maturity at the Interest rate cm this Note. The Internal rate wild nut exceed the maximum rate permitted by applicable
law.
DEFAULT. 1 will be in default under this Nine if any of the following happen:
Payment Default. I fag to make any payment when due wrier this Noe.
Beek Other Promises. 1 break any promise made to Lander or I loll to perform promptly at the time and strictly in the manner provided In
thm Note or in any agreement related to thin Note, or In any other agreement or ban I Mw with Lender.
False 6tsaednts. Any representation or statement made or furnished to Lander by me or on my behalf under this Now or tin rained
documents Is false or misleading in any materiel respect, either new in at the time made or furnished.
Dead, or Insolvency. Any Borrower dies or becomes Insolvent: a raced", is appointed for any par of my property: I make an assignment
for the benefit of creditor: or arty proceeding is commenced ether by me or against mw under any baMwptcy, or insolvency laws.
T.k[ng of the Property. Any entlitor or govmmmentd agency tries to take arty of the property or any other of my property in which Larder
has a Mn. This includes taking of garnishing of or lovytag m my accounts wleh Lander.
Defeodve CoU t kstbn. This Now or any of the related doouments cannot ta be In hail force and effect (including failure of any collateral
document to create a valid and perfected security brad or Dann m any time end for any reason.
Cadmium contains or Less. Any colawnl muting this Note is ism, stolen, substomu8y damaged or destroyed and the lots, that,
substantial damage or destruction is not covered by Insurance.
Property Dome. or Loss. The Property is loaf atohm. substantially damped, and, or borrowed against.
Events Affecting Ousranur. Any of the Preceding ewers occurs with respect to any guarantor. smomer, surety, or accommodation pant
of any of the indebtedness or wry gueedor, endormh surety, w accommdKpn potty tllos or become, Incompetent, or revokes or
disputes the validity of, or lately under, arty guaranty of the indabtetdss evidenced by this Nee.
LENDER *S RIGHTS. Upon default Lender may, after giving such rwtices a required by applicable low, declare the entire unpaid principal
balance on this Note and all axrued unpaid interest Immediately dust and than I will pry then amount.
EXPENSES. To IN extent not Prohibited by applicable low, all reasonable expenses Lender Incur thin In Lender's oplmon are necessary at my
time for the protection of its internal or the enforcement of he rights, shall become a pert of the loan payable on demand, and shop beer inwrnat
at the Nine rate from the time of exnertdluro tame Wald. Expenses cowrd by this paragraph include, wthou emRation, however subject to
any limits under applicable low. Ledar's expenses for hankrupuy proceedings, (Including efforts to modify or vacant the automatic may or
inkmatiunl end appeals, to the extent permitted by applicable law.
OOVERNWO LAW. Tars agreement will be governed by and ma voted In acoordaxe with federal law and the laws of the State of
Pennsylvania, except for maters routed to interest and tin exponedon of In a am, which masers will be governed by and Interpeted in
secordance with federal law fbcludlag, but not limited to, solutes, regulations, iramprotatbm, end opinions) and Iowa of the State of Ohio.
However, if there aver is a question about whether any provision of the agreement is valid or enforceable, the provision thin Is questioned will
be govemad by whichever mare a federal law would find tin provision to be valid and enforceable. The ban trnsnntion which is evidenced by
this and other raimed documents Me been approved, made and funded, and arI necessary documents have been axepted by Larder in the Stow
of Ohio.
DISHONORED REM FEE. I will pay a fee to Larder of $25.00 if 1 make a payment on my ban and tin check or praeuhodeed charge with which
I pay Is later dishonored.
COLLATERAL I acknowledge this Note is sowed by a Mo igags owed Novambw 20, 2003, w Lando . en real proper, Ixaed in
CUMBERLAND County, Commonwealth of Pennsylvania, all the terms and condlaons of which are hereby incorporated ad made a par of IN,
Nine,
COLLECTION COSTS. If you an in default under the terms of this Agreement, wit may take all lawful action under applicable law to colect the
money you owe us. It is our Intent to consent only those attorney's fees. and those expenses, court and collection cots permitted by the newt
of Vow state and the United Slates (including the bankruptcy laws of tin United Sorted. You agree to pay only those collection comb and
atornay's hats that we aMwlly incur and that we may lawfully collect from you. If thelaws of your arms Me m tat M =floor all w mare of
these Collection coats and amorney%s fees from you, we Will net do W. To the extent the Laws of your meta prohibit w from contracting with
y= to collets much fees or costs or prohibit w from Including this provision in You agreement whh es, this provision is sswmd from this
Agreement, is of nd force and offset and you contract we be mad and interpreted wthatrt this provision sweet to the extent federal low may
now or hereafter preempt the low of your made.
DEPOSIT ACCOUNTS. As colworal security for repawdm of this Now and all renewals and extensions. I gram Leda a continua security
Imerst in, and hereby assign. convey, ddwr, pledge and transfer w Lander all my right, tide and Internet in and to any and al funds that 1 may
now and in the future have on deposit with Lander and any other effilime of Bank One Corporation. This Includes all motors I hold ]dimly with
eomeod elm and certificates of depot, it does not include IRA. Pension, and other tax delered deposits, or any accounts in which I am
acting In a fiduciary capacity for a person or emky other than myself, or in which tin prat of a security infernal weWd be prohibited by
applicable law. I further agres that Lander may at any time, to the extent permuted by applicable low, apply any funds that I may haw on
BOrrOWer: JOHN A KOVELESKI Lender: Bank One. NA
17 NEPONSIT LANE Noticed DIM" equity, INOE)
CAMP HILL, PA 17011 100 Elm Broad Sbest
Cuumbw, ON 43271
PROMISSORY NOTE Page 2
Loan No: 426400128830 ICondnued)
deposit with Under or any Bank One Corpuratlon affillan against the unpaid balance of this Now, including printlpal, Interest fees, costs,
expenses and attorney's fees.
IDENTITY OF LENDER. Lender Is Bank One, N.A., a national banking eseacletion with in main offices located in Columbus. Ohio.
INFORMATION SHARING. The Bank Oro Consumer Privacy Policy, which has been provided to you describes our Information shoring practical,
and gives directions on how to opt out, or direct us to limit the sharing of Personal Information has definad In the Privacy Policy) about you with
other companies or organizations. You hereby agree that It you choose not to oxemisl, the opt outs described In the Privacy Pokey, you will be
deemed to he" authedzed w to share any Personal Information shout you including information related to any of the products or services you
may have with any Bank One company) with other companies or, other organizations.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate
information about Your eccount(sl to a consumer reporting agency. Your written notice deserihing the specific inaccuracyliee) should be sent to
us at the following addrese: Bonk One P.O. Box $01008 Fan Worth, T% 78101-2008
GENERAL PROVISIONS. I do not agree or Intend to pay. and Lender does not agree or intend to contract for, charge, collect, take, reserve or
receive Icolleotively referred to herein as 'charge or collect'), any amount in the nature of interest of in the nature of a fee for this loan, which
would in any way or event (including demand, prepayment, or acceleration) cease Lander to charge or collect more fps this ban than the
maximum Lender would be permitted to theme or collect by federal law or the law of the State of Ohio lea oppllcabls)• Any such excess
Interest of unauthorized fee shall, instead of anything acted to the contrary, be applied first W reduce the principal balance of this loan, and
when the principal has been Paid in full, be refunded to me. Lender may deny or forgo enforcing any of in rights or remedles under this Note
without losing them. I and any other Parson who signs, guaremaee or endorses this Note, to the extent allowed by low, waive presentment,
demand for payment and notice of dishonor. Upon any change in the terms of this Now, end unless otherwise expressly stated in wrhhg, no
party who sign this NOW, whether ea maker, gueramor, accommodation maker or andoner, shag be released from ReMgty. AN such Parties
agree that Lender may recaw or extend (repeatedly and for any length of time) this loan or ralsasa any Party or guarantor or collateral: or Impair,
fail to realize upon or perfect Lender's security interest in Ins collateral. All such parties also ogres that Lender may modify this loon without the
consent of or notice to anyone other then the parry with whom the modification Is made. The obligations under this Note are joint and several.
This means that the words '1', 'me', and 'my' mean each and all of the perso , signing below.
PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I AGREE TO THE TERMS OF THE NOTE.
I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE bi GIVEN UNDER SEAL AND R IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
"'/K(eeYl
1111//// A FlESKI, Individually
,..... w w.... w,. ...+,..r w.-.,... s r..u- .m+., .M....M,aM,..Y....eeo,...,.ar.
BANK ONE.
DISCLOSURE STATEMENT
ANNUAL PERCENTAGE FINANCE CHARGE Amount Financed Total of Payments
RATE The dollar amount the credit The amount of credit The amount I will have paid
The cost of my credit as a will cost me. provided to me or on my after I have made all
yearly rate. behalf. payments as scheduled.
8.549% $42,855.00 $75,000.00 $117,855.00
PAYMENT SCHEDULE. My payment schedule will be 180 monthly payments of $654.75 each, beginning December 20, 2003.
PROPERTY INSURANCE. I may obtain property Insurance from anyone I want that is acceptable to Lander.
SECURITY. I am giving a security interest In MY HOME.
LATE CHARGE. If a payment is 15 days or more late I will be charged $25.00.
PREPAYMENT. If I pay off early, I may have to pay a penalty.
I will look at my contract documents for any additional information about nonpayment, default, any required repayment in full before the
scheduled date, and prepayment refunds and penalties.
I read and was given a completed copy of this Disclosure Statement on November 20, 2003, prig to signing the Note.
BORROWER:
?„?C J j101TITK0 LESKI, wlty ! (Berg
Amount Financed Itemization
Amount paid to me directly: $75,000.00
$75,000.00 Lender's Check a TO BORROWWER
Note Principal: $75,000.00
Prepaid Finance Charges: $0.00
In Cash: $0.00
Amount Financed: $75,000.00
un?rro u.rq. w.urwa c,n. x.w rw..rrWwir iw.aw utyr ti.,a. •rvar e?vrrutwrxrenr,o?e rerrtlrnr rvarriw?
Borrower: JOHN A KOVELESKI Lender: Bank One, NA
17 NEPONSIT LANE National Direct Equity (NOE)
CAMP HILL, PA 17011 100 East Broad Street
Columbus, OH 43271
EXHIBIT "B"
??y ROD; RT P. ZIEGLFP.
RECORDER OF DEEDS
'.,iIDrRLAND COUNTY')' 1
WHEN RECORDED MAIL TO: 1•Z i]t[ z ?r? 11 33
TransUnion Sedlcment Solutions 'Servicing KY2.1606
5300 Brandywine Pkwy
Suite 100
Wilmington, DE 19803
SPACE ABOVE THIS LINE IS FOR RECORDE
`l CV/ k95 er)
NOV 2 6 2003,, MORTGAGE
THIS MORTGAGE dated November 20, 2003, is made and executed between JOHN A KOVELESKI, A SINGLE
MAN, whose address is 17 NEPONSIT LANE, CAMP HILL, PA 17011 (referred to below as "Grantor") and Bank
One, NA , whose address is 100 East Broad Street, Columbus, OH 43271 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and
mortgages to Lander all of Grantor's right, title, and interest in and to the following described real property, together with all existing or
subsequently erected or affixed buildings, improvements and fixtures; all streets, Isms, alleys, passages, and ways; all easements, rights of
way, all liberties, privileges, tenements, hereditements, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the
reversions and remainders with respect thereto; as water, water rights, watercourses and ditch fights (including stock in utilities with ditch or
irrigation rights); and all other rights, royalties, and profits relating to the real Property, including without limitation all minerals, oil, gas,
geothermal and similar matters, (the "Real Property') located in CUMBERLAND County, Commonwealth of Pennsylvania:
The Real Property or its address Is commonly known as 17 NEPONSIT LANE, CAMP HILL, PA 17011. The Real
Property parcel identification number is 13-25-0022-14.3. The Real Property tax Identification number is
13.25-0022-14.3.
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents
from the Property. In addition, Grantor grants to Lander a Uniform Commercial Code security interest in the Personal Property and Rents.
THIS MORTGAGE. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS
GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THENDTE IN
THE ORIGINAL PRINCIPAL AMOUNT OF 075,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND
ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this -Mortgage. Grantor shall pay to Lender all amounts secured by this
Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by
the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2)
use, operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance
necessary to preserve its value. -
Compliance With Environmental Laws. Grantor represents and warrants to Lander that: (1) During the period of Grantor's ownership of
the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has
been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws,
(b) any use. generation, manufacture, storage, treatment. disposal, release or threatened release of any Hazardous Substance on, under,
about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any
6KI847PGO072
MORTGAGE Page 2
Loan No: 426400128830 (Continued)
kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither
Grantor not any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of
or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance
with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor
authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem
appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be
for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other
person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for
Hazardous Substances. Grantor hereby (11 releases and waives any future claims against Lender for indemnity or contribution in the
event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to Indemnify and hold harmless Lender
against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or Indirectly sustain or suffer
resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release
or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the some was or should have been
known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnity, shall survive the payment of the
Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be effected by Lender's acquisition of any
interest In the Property, whether by foreclosure or otherwise.
Nuisance. Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to
the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other
party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior
written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to
replace such Improvements with Improvements of at least equal value. '
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend
to Lender's interests and to Inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter
in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such
law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified
Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender
may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's Interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those
acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the
Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest In the Real
Property. A 'sale or transfer' means the conveyance of Real Property or any right, title or interest in the Reel Property; whether legal, beneficial
or equitable; whether voluntary or Involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed,
leasehold interest with a term greater than three (3) years, base-option contract, or by sale, assignment, or transfer of any beneficial interest in
or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this
option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantor shag pay when due (and in ag events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water
charges and newer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for
services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to
the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes
and assessments not due as further specified in the Right to Contest paragraph.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the
obligation to pay, to long as Lender's Interest in the Property is not jeopardized. If a lien arises or is filed as a rewh of nonpayment,
Grantor shall within fifteen 115) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filhtg,
secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate wfety bond or other security
satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and permissible fees, or other charges that could accrue
as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shag satisfy any adverse
judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in
the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against
the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (151 days before any work is commenced, any services are furnished, or
any materials are supplied to the Property, if any mechanic's lien, meterlalmen's lien, or other lien could be asserted on account of the
work, services, or materials. Grantor will upon request of Larder furnish to Lender advance assurances satisfactory to Lender that Grantor
can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this mortgage
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on
a replacement basis for the full Insurable value covering ell Improvements on the Real Property in an amount sufficient to avoid application
of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shag be written by such Insurance companies
and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each Insurer
containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender
and not containing any disclaimer of the insurer's liability for failure to give such notice. Each Insurance policy also shall include an
BK 1847PGO073
MORTGAGE
Loan No: 426400128830 (Continued)
Page 3
endorsement providing that coverage in favor of Lender will not be impaired In any way by any act. omission or default of Grantor or any
other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as
a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice Is given
by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior (lens on
the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by
Lender, and to maintain such insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if
Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's
election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien
affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor
shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender: Lender shall, upon satisfactory proof of
such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default
under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not
committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to
pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. It Lender holds any proceeds
after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear.
LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims
(8) to provide any required Insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or
proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not
required to.. take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for
such purposes will then bear Interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by
Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will JAI be payable on demand; (8) be added to
the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of
any applicable Insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable
at the Note's maturity. The Property also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to
any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed
as curing the default so as to bar Lender from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such
expenses shall survive the entry of any mortgage foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage;
Tilde. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens
and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion
issued in favor of, and accepted by, Lender in connection with this Mortgage, and IN Grantor has the full right, power, and authority to
execute and deliver this Mortgage to Lender.
Defense of Tble. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against
the lawful claims of all persons. In the event any action or proceeding Is commenced that questions Grantor's title or the interest of Lender
under this Mortgage. Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party In such proceeding, but
Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and
Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such
participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,
ordinances, and regulations of governmental authorities.
Survival of Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive the execution and delivery
of this Mortgage, shall be continuing In nature and shall remain in full force and effect until such time as Grantor's Indebtedness is paid in
full,
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage;
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly ratify Lender in writing, and Grantor shall promptly take
such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal parry in such proceeding, but
Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor
will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to
permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or
purchase in lieu of condemnation, Lender may at its election require that all or any portion of the not proceeds of the award be applied to
the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all
actual costs, expenses, and attorneys' fees incurred by Lender In connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating, to governmental taxes,
fees and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take
whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for
all taxes, as described below, together with all expenses Incurred in recording, perfecting or continuing this Mortgage, including without
limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies; 11) a specific tax upon this type of Mortgage or upon all or any
part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from
payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the
holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and Interest made by
Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the
same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below
BKI847PG0074
MORTGAGE Page 4
Loan No: 426400128830 (Continued)
unless Grantor either (1) pays the tax before it becomes delinquent, or 12) contests the tax as provided above in the Taxes and Liens
section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender,
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a pan of
this Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by
Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real
property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or
reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or
continuing this security interest. Upon default, Grantor shall assemble the Personal Property in a manner and at a place reasonably
convenient to Grantor and Lender and make it available to Lender within three 131 days after receipt of written demand from Lender.
Addresses. The mailing addresses of Grantor Idebtor) and Lender (secured party) from which information concerning the security interest
granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this
Mortgage.
FURTHER ASSURANCES: ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this
Mortgage:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to
be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or
rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgagee,
deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance,
certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect,
continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security
interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless
prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in
connection with the matters referred to in this paragraph.
Attorney-In-Feet. It Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of
Grantor and at Grantor's expense. For such purposes, Grantor hereby Irrevocably appoints Lender as Grantor's attorneytin-fact for the
purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole
opinion, to accomplish the matters referred to in the preceding paragraph.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under
this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any
financing statement on file evidencing Lender's security Interest in the Rents and the Personal Property. Grantor will pay, if permitted by
applicable law, any reasonable termination fee as determined by Lender from time to time.
EVENTS OF DEFAULT. At Lender's option, Grantor will be In default under this Mortgage it any of the following happen:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure, of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or
any other payment necessary to prevent filing of or to effect discharge of any lien.
Break Other Promises. Grantor breaks any promise made to Lender or Grantor fails to perform promptly at the time and strictly in the
manner provided in this Mortgage or in any agreement related to this Mortgage.
False Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behaU under this mortgage or
the Related Documents is false or misleading in any material respect, either now or at the time made or furnished.
Defeceve Colleteralization. This Mortgage or any of the Related Documents ceases to be in full face and effect (including failure of any
collateral document to create a valid and perfected security interest or Ilan) at any time and for any reason.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any
assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or
insolvency laws by or against Grantor.
Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Grantor's property in which
Lender has a lien. This includes taking of, garnishing of or levying on Grantor's accounts with Lender.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not
remedied within any grace period provided therein, includng without limitation any agreement concerning any indebtedness or other
obligation of Grantor to Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or
disputes the validity of, or liability under, any Guaranty of the Indebtedness.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of on Event of Default and at any time thereafter, Lender, at Lender's option, may
exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the
entire Indebtedness immediately due and payable.
UCC Remedies. With respect tb all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
under the Uniform Commercial Code.
Collect Rents. Subject to applicable law Lender shall have the right, without notice to Grantor, to take possession of the Property and
collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the
BK 1847PG0075
MORTGAGE
Loan No: 426400128830 (Continued)
Page 5
indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use
fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to
endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by
tenants or other users to Lender In response to Lender's demand shall satisfy the obligations for which the payments are made, whether or
not any proper grounds for the demand existed. Lender may exercise Its rights under this subparagraph either In person, by agent, or
through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the
power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the
Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without
bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property
exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property.
NoMudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's Interest in all or in any part of the Personal Property or the
Real Property by non-judicial sale.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all
amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the
purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the
Property immediately upon the demand of Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or avallabla at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled.
In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, In one sale or by
separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.
Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time
after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable
law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition.
Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by
Lender to choose any one remedy will not bar Lander from using any other remedy. If Lender decides to spend money or to perform any of
Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare
Grantor in default and to exercise Lender's remedies.
Expenses. To the extent not prohibited by applicable law, all reasonable expenses Lender insure that in Lender's opinion are necessary at
any time for the protection of its interest or the enforcement of its rights, shall become a part of the loan payable on demand, and shall
bear interest at the Note rate from the date of expenditure until repaid. Expenses covered by this paragraph include, without limitation,
however subject to any limits under applicable law, Lender's expenses for bankruptcy proceedings fincluding efforts to modify or vacate the
automatic stay or injunction) and appeals, to the extent permitted by applicable law.
NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall
be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a
nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage
prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien
which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may change
his or her address for notices under this Mortgage by giving formal written notice to the other person or persons, specifying that the purpose of
the notice is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current
address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed
to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender. Notwithstanding the foregoing,
the address for notice for Lender Is: Bank One, P.O. Box 901008. Fort Worth, TX 78101-2008.
IDENTITY OF LENDER. Lender is Bank One, N.A., a national banking association with its main offices located in Columbus, Ohio.
NON-WAIVER. A waiver by any party of a breach of a provision of this Mortgage shag not constitute a waiver of or prejudice the party's right
otherwise to demand strict compliance with that provision or any other provision.
SUPPLEMENT 70 PERSONAL PROPERTY DEFINITION. It is the intention of Lender only to take a security interest in and retain a lien on that
personal property considered fixtures under the Uniform Commercial Code as adopted in the jurisdiction where this Mortgage is filed of retard as
same may be amended from time to time or such other statute of such jurisdiction that defines property affixed to real estate and no other
personal property.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with Lender concerning the
matters covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be in writing and must be signed by
whoever will be bound or obligated by the change or amendment.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the
provisions of this Mortgage.
Governing Law. This agreement will be governed by and interpreted in accordance with federal law and the laws of the State of
Pennsylvania except for matters related to: (1) interest and the exportation of interest, which will be governed by and interpreted in
accordance with federal law (including, but rat limited to, statutes, regulations, Interpretations, and opinions) and the laws of the State of
Ohio; and (2) the validity and enforcement of Lender's security interest in the Property, which will be governed by the laws of the State
where the Property is located. However, if there ever is a question about whether any provision of the agreement Is valid or enforceable,
the provision that is questioned will be governed by whichever of the governing state or federal laws that would find the provision to be
BK 1847PGO076
MORTGAGE
Loan No: 426400128830 (Continued)
Page 8
valid and enforceable. The loan transaction which is evidenced by this and other related documents has been approved, made and funded,
antl all necessary documents have been accepted by Lender in the State of Ohio.
No Waiver by Lender. Grantor understands Lander will not give up any of Lender's rights under this Mortgage unless Larder does so in
writing. The fact that Lender delays or omits to exercise any right will not mean that Lander has given up that right. It Lander data agree
in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Mortgage.
Grantor also understands that it Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent
again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests,
that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand tot
payment, protest, and notice of dishonor.
Sevarobility. If a court finds that any provision of tors Mortgage is not valid or should not be enforced, that tact by itself will not mean that
the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even if a
provision of this Mortgage may be found to be invalid or unenforceable.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any
time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives,
successors, and assigns, and shall be enforceable by Lender and its successors and assigns.
Time is of the Essence. Time is of the essence in the performance of this Mortgage.
OEFINIT10NS. The following words shall have the following meanings when used in this Mortgage:
Borrower. The word "Borrower' means JOHN A KOVELESKI, and all other persons and entities signing the Note.
Environmental Laws. The words 'Environmental Laws' mean any and all state, fedora? and local statutes, regulations and ordinances
relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. MERCLA"), the Superfund Amendments and
Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA'), the Hazardous Materials Transportation Act 49 U.S.C. Section 1801, at seq.,
the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or
regulations adopted pursuant thereto.
Event of Oefouh. The words -Event of Default' mean any of the events of default set forth in this Mortgage in the events of default
section of this Mortgage.
Grantor. The word 'Grantor' means JOHN A KOVELESKI.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when
improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words 'Hazardous
Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or
waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances' also Includes, without limitation, ponoeum
and petroleum by-products or any traction thereof and asbestos.
Improvements. The word 'Improvements' means all existing and future Improvements, buildings, structures, mobile homes affixed on the
Real Property, facilities, additions, replacements and other construction on the Real Propeny,
Indebtedness. The word "Indebtedness' means ail principal, interest, and other amounts, costs and expenses payable under the Note Or
Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or
Related Documents and any amounts expanded or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lander to
enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage.
Lander. The word "Lender" means Bank One, NA , its successors and assigns. The words "successors or assigns" mean any person or
company that acquires any interest in the Note.
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lander.
Note. The word "Note" means the promissory note dated November 20, 2003, in the original principal amount of $76,000.00
from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions
for the promissory note or agreement. The maturity date of this Mortgage is November 20, 2018.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance
proceeds and refunds of premiums) from any sale or other disposition of the Property.
Property. The word 'Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property' mean the real property, interests and rights, as further described in this Mortgage.
Related Documents. The words 'Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgagee, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents' means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from
the Property.
8K 1847PG0077
MORTGAGE
Loan No: 426400128830 (Continued)
Page 7
a•
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT
OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
?-ISaall
(V/ JO (O E S I, In Widually
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, Sank One, NA , herein is as follows:
National Dina Equity (NDEI, 100 East Broad Street Columbus, OH 43271 ^ - ? ? (^
? An or Ae.a 11 lbrIftasw
»
ALISON B. CAUSE, BANK OFFICER
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
1
COUNTY OFl('&Y/WVIK.iN?l7/L SS
On [hit, the V •' - day of Naue,?- .2003 . before me v'r `•"' ?? I
the undersigned Notary Public, personally appeared JOHN A KOVELES91, known to me or satra actordy
proven) to be the person whose name is subscribed to the within instrument and acknowledged that he or she executed the same for.the
purposes therein contained.
In witness whereof, I hereunto set my hand and official said.
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Notarial Saul
{ Irliri?'c('> r i Nmsr) PuIN,e Notary Public in and for the State of
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be recorded
I Certify this to County PA
In CumbeTlan e 5,y'
s Recorder of Deeds
BW 180?GOO 78
EXHIBIT "C"
Date: May 8, 2006
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE"
This is an official notice that the morteaee on your home is in default, and the lender intends to
foreclose. Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to
save your home.
This Notice explains how the program works.
The name, address, and phone number of Consumer Credit Counseling Agencies serving Your county are
listed at the end of this Notice. If You have any questions, You may call the Pennsylvania Housing Finance
Agency toll free at 1-800-342-2397. (Persons with impaired hearing call 717-780-1869.)
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact
an attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. ST NO COMPRENDE EL CONTENIDO DE
ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL
PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A
REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): John A. Koveleski
PROPERTY ADDRESS: 17 Neponsit Lane, Camp Hill, PA 17011
LOAN ACCT. NO.: 000000010238468
OUR FILE NO: 05234236
ORIGINAL LENDER: Bank One, N.A.
CURRENTLENDERISERVICER: JP Morgan Chase Bank, N.A. successor by merger
with Bank One N.A.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU
MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice.
During that time you must arrange and attend a "face-to-face" meeting with one of the consumer
credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR
WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE.
THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE
DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender may NOT take
action against you for thirty (30) days after the date of this meeting. The names, addresses, and
the property is located are set forth at the end of this Notice. It is only necessary to schedule one
face-to-face meeting. Advise your lender immediate]. of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the
reasons set forth later in this Notice. (See following pages for specific information about the
nature of your default.) If you have tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Assistance Program.
To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance
Program Application with one of the designated consumer credit counseling agencies listed at the
end of this Notice. Only consumer credit counseling agencies have applications for the program
and they will assist you in submitting a complete application to the Pennsylvania Housing
Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your
face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO
OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL
BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives
your application. During that time, no foreclosure proceedings will be pursued against you if you
have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
'E: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETIT]
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS F
DRMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS
'EMPT TO COLLECT THE DEBT.
have filed
for
HOW TO CURE YOUR MORTGAGE DEFAULT Brine It up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your
property located at:
17 Neponsit Lane, Camp Hill, PA 17011
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
Payments due for 1/20/06 to 4/20/06
Payment amount $654.75 $ 2,619.00
Late Charges $ 75.00
Attorneys Fees 50.00
TOTAL AMOUNT PAST DUE: $ 2,744.00
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS
of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE
LENDER, WHICH IS $2,744.00, PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.
Payments must be made either by cash, cashier's check, certified check or money order made
payable and sent to:
JP Morgan Chase Bank,
N.A. successor by merger with
Bank One N.A.
111 East Wisconsin Ave
Milwaukee, WI 53202
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the
mortgage debt. This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If
full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclose upon Your mortgaged
property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by
the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you
cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorney's fees that were actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees
will be added to the amount you owe the lender, which may also include other reasonable costs.
If you cure the default within the THIRTY (30) DAY period You will not be required to
pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, You
still have the right to cure the default and prevent the sale at any time up to one hour before the
Sheriff's Sale. You may do so by paving the total amount then past due plus any late or other
charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriff's Sale as specified in writing by the lender and by
performing any other requirements under the mortgage. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that
such a Sheriff's Sale of the mortgaged property could be held would be approximately 6
months from the date of this Notice. ,A notice of the actual date of the Sheriffs Sale will be
sent to you before the sale. Of course, the amount needed to cure the default will increase the
longer you wait. You may find out at any time exactly what the required payment or action will
be by contacting the lender.
HOW TO CONTACT THE LENDER:
WELTMAN, WEINBERG & REIS CO., L.P.A.
325 Chestnut Street, Suite 1120
Philadelphia, PA 19106
(215) 599-1500 ext. 81506
Reinstatement requests: 800.576.6730 ext. 20614
Payoff requests: 800.576.6730 ext. 20616
Payment arrangements: 800.576.6730 ext. 20614
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You _ may or X may not (CHECK ONE) sell or
transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all
the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale
and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTION ON
YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER,
YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN
THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE
MORTGAGE DOCUMENTS,
• TO ASSET ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO
SUCH ACTION BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
Please See Attached
Samantha T. Estevez, Esquire
Attorney for Plaintiff
Weltman, Weinberg & Reis, Co. L.P.
325 Chestnut Street
Suite 1120
Philadelphia, PA 19106
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED SHALL BE USED FOR THAT PURPOSE.
HEMAP Consumer Credit Counseling Agencies
CUMBERLAND County
Report last updated: 1/2612008 8:32:23 AM
mcorn mousing
14 S. 13th Street
Harrisburg, PA 17104
717.213.0150
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
717.334.1518
CCCS of Western PA
2000 Unglestown Road
Harrisburg, PA 17102
888.511.2227
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Loveshlp, Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
Meranatho
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
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U.S. POSTAL SERVICE CERTIFICATE F MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From: Weltman, Weinberg & Reis Co., L.P.A.
325 Chestnut Street, Suite 1120
Philadelphia, PA 19106 -- C
(215)599-1500 `5=
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One piece of ordinary mail addressed to: f
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n 1r5 moor e )ate.
PS Form 3817, Mar. 1989
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POSTAGE
FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE
By law, this law firm is required to advise you that unless within 30 days after
receipt of this notice you dispute the validity of this debt or any portion thereof, the
debt will be assumed to be valid by us. If said notification is sent to us in writing, we
are required to provide you with verification of the debt. In the event within a 30-day
period you request in writing the name of the original creditor, it will be provided to
you if different from the current creditor. In the event that you dispute the debt
and/or request the name of the original creditor in writing within the 30-day period,
no further action will be taken to obtain Judgment in the pending lawsuit until the
verification and/or name of the original creditor has been provided to you.
This law firm is debt collector attempting to collect this debt for our
client and any information obtained will be used for that purpose.
EXHIBIT "D"
FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE
By law, this law firm is required to advise you that unless within 30 days after
receipt of this notice you dispute the validity of this debt or any portion thereof, the debt
will be assumed to be valid by us. If said notification is sent to us in writing, we are
required to provide you with verification of the debt. In the event within a 30-day period
you request in writing the name of the original creditor, it will be provided to you if
different from the current creditor. In the event that you dispute the debt and/or request
the name of the original creditor in writing within the 30-day period, no further action will
be taken to obtain Judgment in the pending lawsuit until the verification and/or name of
the original creditor has been provided to you.
This law firm is attempting to collect this debt for our client and any information
obtained will be used for that purpose.
The above Notice is being given pursuant to the Fair Debt Collection Practices
Act and is separate and distinct from the foregoing Complaint which must be responded
to in conformity with the instructions therein. Because of the difference in time
parameters, we will not move for Default Judgment for at least thirty (30) days from the
date of service of this Complaint upon you, and if you request verification, we will not
move for Default judgment until a reasonable time after verification has been provided,
and after the expiration of the thirty (30) day period from the date of service.
VERIFICATION PAGE
I, Samantha Tran Estevez, Esquire, attorney for the Plaintiff do hereby swear and
affirm that the averments in the attached Complaint are true and correct to the best of his/her
knowledge, information and belief. These averments are made subject to the penalties of 18
Pa.C.S. § 4904 relating to unsworn falsification to authorities.
qA?
Samantha Tran Estevez
-= F'= 1(3`o
Date
fi
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMorgan Chase Bank, N.A.
successor by merger with
Bank One, N.A.
Plaintiff,
NO. 06-3545 Civil Term
V.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI, ISSUE NO.:
Defendant
TO: DEFENDANT:
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT
MAY BE ENTERED AGAINST YOU.
WELTMAN, WEINBERG_& REjI&,C ., L.P.A.
By E 0
YS FOR PLAI
1 HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS:
111 East WisconsIn Avenue
Milwaukee, WI 53202
CODE:
TYPE OF PLEADING:
AMENDED
COMPLAINT IN MORTGAGE
FORECLOSURE
FILED ON BEHALF OF:
PLAINTIFF
AND THE DEFENDANT ARE:
17 Neponsit Lane
Camp Hill, PA 17011
WELTMAN, WEINBERG & 'IS CO. L.P.A.
BY:
ORNEY FOR PLAINIIFF'
I HEREBY CERTIFY THAT THE LOCATION OF THE REAL
ESTATE AFFECTED BY THIS LIEN IS:
17 Neponalt Lane
Camp Hill, PA 17011
Lower Allen Township
WELTMAN, WEINB RG & REIS CO. L.P.A.
BY:
WORNEYS FOR PLAINTIFF
COUNSEL OF RECORD FOR THIS
PARTY:
Samantha T. Estevez, ESQUIRE
Pa. I.D. #89204
WELTMAN, WEINBERG & REIS CO., L.P.A.
325 CHESTNUT STREET
SUITE 1120
PHILADELPHIA, PA 19105
(215) 599-1500
WWR#05234236
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMorgan Chase Bank, N.A.
successor by merger with
Bank One, N.A.
Plaintiff,
V.
NO: 06-3545 Civil Term
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
NOTICE TO DEFEND
You have been sued in Court If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMorgan Chase Bank, N.A.
successor by merger with
Bank One, N.A.
Plaintiff,
V.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
NO: 06-3545 Civil Term
And now, comes Plaintiff, JPMorgan Chase Bank, N.A. successor by merger with Bank
One, N.A., by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files
this Complaint in Mortgage Foreclosure, averring in support thereof the following:
1. The Plaintiff is JPMorgan Chase Bank, N.A. successor by merger with Bank One,
N.A., a lending institution duly authorized to conduct business within the Commonwealth of
Pennsylvania (hereinafter "Plaintiff').
2. The Defendant is Unknown Heirs, Successors, Assigns, and all persons, firms, or
associations claiming right, title, and interest from or under John A. Koveleski, whose last known
address was 17 Neponsit Lane, Camp Hill, PA 17011.
3. On or about November 20, 2003, John A. Koveleski, executed a Promissory Note
in the original principal amount of $75,000.00. A true and correct copy of said Note is marked
Exhibit "A", attached hereto and made a part hereof.
4. On or about November 20, 2003, as security for payment of the aforesaid Note, John
A. Koveleski made, executed and delivered to Plaintiff, a Mortgage in the original principal
amount of $75,000.00 on the premises hereinafter described, said Mortgage being recorded in
the Office of the Recorder of Deeds of CUMBERLAND County on December 2, 2003 in
Mortgage Book Volume 1847, Page 0072. A true and correct copy of said Mortgage containing
a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto
and made a part hereof.
5. John A. Koveleski died on May 24, 2006.
6. John A. Koveleski was the current record and real owner of the aforesaid
mortgaged premises at the time of his death.
7. The aforesaid Note and Mortgage are in default.
8. Demand for payment has been made by Plaintiff, but John A. Koveleski was
unable to pay the principal balance, interest or any other portion thereof to Plaintiff.
9. On or about May 8, 2006, John A. Koveleski was mailed Notice of Homeowner's
Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance
Act, Act 91 of 1983 and pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et
seq. A true and correct copy of the Act letter, is attached hereto made part hereof and marked as
Exhibit "C".
10. The amount due and owing Plaintiff by John A. Koveleski is as follows:
Principal $ 68,644.16
Interest thru June 19, 2006 $ 2,229.92
Late Charge thru June 19, 2006 $ 75.00
Execution Costs thru June 19, 2006 $ 0.00
Attorneys' Fees thru June 19, 2006 $ 1,000.00
Title Search $ 335.00
TOTAL $ 72,284.08
11. Contemporaneously hereunder, John A. Koveleski was advised of his right to
dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices
Act 30 Day Notice, attached hereto marked Exhibit "D" and made a part hereof.
WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of
$72,284.08, with interest thereon at the rate of $12.32 per diem from June 19, 2006, plus costs, in
addition to late charges and for foreclosure and sale of mortgaged premises.
WELTMAN, WEINBERG & REIS CO., L.P.A.
`Samantha . Estevez, squire
Pa. I.D. #89204
Attorneys for Plaintiff
Wellman, Weinberg & Reis Co., L.P.A.
325 Chestnut Street, Suite 1120
Philadelphia, PA 19106
(215) 599-1500 ext. 81506
WWR #05234236
EXHIBIT "A"
HAAOl ONE.
PROMISSORY NOTE
Principal Amount: 075,000.00 Interest Rate: 5.550% Date of Now November 20, 2003
PROMISE TO PAY. 11'Bowower') paales W pay W Bank Ow. NA ('LSoden'1, or order. In lawful moray of the Urdred Santa of America, the
principal a eura of OrmdY-five Tbansend i 001100 Dollars ($75,ODDAGI. mgathr With Merest at the two of 5.550% Por amum n the
unpaid prbepal immune cram HavamWr 26, 2003, and Paid In hdi.
PAYMENT. 1 M pay ads ban In ISO payments of 0864.75 each pay~. My firm Payment Is dun December 20, 2003. and N subsoment
payments are due an the same day of each month alter out. My final payment will be dw an Nownbw 20, 2018, and wig be for an principal
and all accrued Inman not yet paid. Payments ImAmis principal and musen. Unbse ette rwMe pad or resulted by applicable few. paymnte
will be Oppded het m sowued mmpald at, own m principal. WON any norm g amoent as any unpaid collection edam and We dwges.
Inlereat an this Nom is compared an a 36SASS *npb Interest basis: Net m. by gpl,hg the rede of on annual hton rele ever the menbrt of
days In a rim 1366 dud" hap Panel, nwldp%d by ate otemndatg principal balance. MMPlsd by the annual number of days the principal
balance Is outstanding. 1 will pay Lander M Lender's address shown about or at such other pieta and such manner as Lender may designme in
wnting.
PREPAYMENT. Upon prepayment of alb Note. Lender IN emitted maw following prepaymnl fee: If you pay elf your ban in hg wMdn "IT
1301 month, of the deft Top cbse yp ban, you will haw to pay a Prepayment Fa of 1% of the rpatal ban sawnt her 0600.00 whichever Is
lest. Except far the foregoing, I may pay all w a pardon of the emouM owed earlier then it Is dun. Early payment Will be applied first a rated
above in the Peymem paragraph and then m my next accrulng paymentUl. Partial payment of may regular payment wN not room me of my
obligation to make the remainder of the perdal payment what dun. Depondag on my payment history. early payments may reduce the principal
balance tlw and may reach in my making fewer payments. I saw not to a" Lander payments marked 'paid In full*. 'without mcaurse', or
similar Inguags. If I send such a payment, Lender may accept It without losing any of Lender's lights, under this Note, and I will remain
obligate W pay any fester amount owed to, Under. AN wimn communications concemkq disputed amounts, Including my check or other
payment instrument that Indiana that the payment comtlMa 'payment in hill of the amount owed her out is tndered with other conditions
or Nmhatins or as fed satisfaction of a disputed amount must be malled or delivered to: Bank One, P.O. Box 801008 Fort Worth, TX
78101-2008.
LATE CHARGE. If a payment Is 15 days or mans late I will be charged $25.00.
INTEREST AFTER DEFAULT. Upon defouh, Including failure m pay upon final maturity, the total tom dun urww this Note WIN bear Imenn from
the date of acceleration or matwlty M the interest rate an Mb Note. The Msmt rare will not exceed the maximum rate permitted by applicable
law.
DEFAULT. 1 we be in default under this Note if any of ale following happen:
Payment Defait. I fail to make my payment when due Wer this Note.
Break Other Proahn. i break any promise made m Lerdw a I fall m pedwm promptly at the time and etrIctly in the mannw provided in
this Nom or In any agmemnt related o this Now. or In any other egmement or ban I hew with Emden.
Fat" Sotemenre. Any rpetenhdon ar Movement made or furnished m Under by me or an my behalf under this Note or the related
doetmems Is false or misleading In my materW return, other new m at the time made a Nmlthed.
Death or Intalvemy. Any Borrower diem mcornes Insolvent; a meeiwr Is appointed for any Port of my Pmparly: I make an assignment
far the bowfit of credaom; or any proceeding is commenced either by me or against me most any bankruptcy or Insolvency laws.
TNkg of the Property. Any eredtar w governmental agency ohs to take a" of the property or any other of my Property in which Under
has a Ban. This includes taking of. gamishiag of or levying n my accounts with Lander.
Defective Cal traeaedan. INS aloft or any of the related documents cents to be In full force and affect (including fallue of any collateral
document to creme a valid and perfected mcwhy, bnwest or Boni m any time and for arty mean.
Cartoon! Damage w Lost. Any collateral securing this Note is lost, stolen, substuri damaged or destroyed and the ma, than,
substantial damps m destruction Is not aovand by Inswance.
Property Damage or Loa. The Property is lost, stolen, substantially damaged, told, or borrowed against.
Events Affecting Guarani Any of the praeding events Pocus with respect to any gwrsntw, erooran, away, or accommodation parry
. of any of the kWebton naa or any guarantar. endorser, sw ry, w accommodation peaty des or becomes InewnPorem, ar rnrekes our
disputes the Vatican of, or Nobility under, harry guaranty of the iwlewedess evidenced by this Nana.
LENDER'S RIGHTS. Upon default, Lander may, after giving such noticea as required by applicable low, declre the antis unpaid principal
balance on this Now and ON accrued unpaid kderest kro edimely dun, end than 1 will pay net amo nt.
EXPENSES. To the amen not prohibited by applicable low, N reasonable expsees Lander incurs that In Umm's opwm am man"My at am
time for the protection of Its interest or the mfareerent of he right& shelf became a pan of the ban payable an demand, and shop boar ironer
at the Nee rate from the data of expardtmae until meld. Ely sas covered by this paragraph include, without kmhmion, however subject m
any Emits under applicable law. Undr's expenses tar bankruptcy proceedings lincllghg efforts m modify w vocam the ntamatic grey or
in(u atiun) and appeals, m the event permitted by applicable law.
GOVERNING LAW. This agreement w8 be governed by and Merprated In ac;ordarce with federal low and to laws of the Sme of
Pennsylvania, except for marten related m Inman and the exportallon of Interest, which manes WIN be gone nand by and kerpamd in
accordnce with federal law (Including, but not limited W. owmtes, regulatiae. Interpretational and opimmrmN and laws of the State of Ohio.
However, if them ever is a question show water arty provision of the agreement Is valid or mlorceable, the provision that Is questioned will
be governed by whichever nom or Federal few would find the provision W be valid and mforceable. The ban Imeaetim which is evidenced by
this and when totaled documents has been approved, mad, and tended, and all necessary documrm have been accepted by tender In the Sine
of Ohio.
DISHONORED REM PEE. I will pay a fee to Under of $25.00 if I make a payment an my loan and the check or preswhwhad charge with which
I pay IS later dishonored. .
COLLATERAL I acknowledge this Note Is sawed by a Mongaw dad November 20. 2003, to Under an real property located in
CUMBERLAND County, Commonwealth of PennsyMnia, d the terms and condition of which are hereby incorporated and made a part of IN,
Note.
COLLECTION COSTS. It you sat in default under the turns of this Agrament, was may take all lawful action under applicable low to "Now the
matey you ow, w. It Is our Invest to collm only those attorney's fns. and ten expanses, court and mention cone psrraleed by the levee
of your Mete and the United States fnckndhg *a bankruptcy laws of the United States). you agree to pay only those collection corm and
atorey's fees that we Moody Lew and that We may lawfully collect from you, if the'bwo of your now wig rot let w collect all w tame of
the„ collection came and charter's fees from you, we WIN not do a. To the exam the laws of your ram prcNml us from contracting whh
you to ouiloot oupA less or now ar woldbit a from kwludiag this provision in you agreement with us, this provision is scumad from this
Agreement, It of ne fora and effect and your contract will be mad and Interpreted witlwut this provision mcrw to the stem federal law may
now our hereaftr preempt the law of your stab.
DEPOSIT ACCOUNTS. As collateral eaguity for repayment of the Nole end NI renewals and extaeloe, 1 gam Lender a condnWrg security
Moron In, and hereby asprt convey, deliver, pledge and banner m Under me my right, title and attempt In and to any and W funds that 1 may
row and In tlw future have on deposit with Under and any other etMim of Bank One Corporation. TWO InekAes d sox imm 1 hold jointly with
smumme elm and certifbates of dapash. It does not pcclude IRA, pension, mud other tax del~ deposits, w my acrounm in which 1 an
acting In a fiduciary capacity for a pram or entity other thin myself, or In which the grant of a security Informal would be pmhmhrd by
applicable law. 1 further ogre that Lander may at my time, to the extant permitted by applicable low, apply any funds that I may haw on
Borrower: JOHN A KOVELESD Lander: Bank One. NA
17 NEPONSIT LANE National Di Eaulty INOE)
CAMP HILL, PA 17011 100 Past Broad Street
Colu om, ON 03271
PROMISSORY NOTE Page 2
Loan No: 428400128830 [Continued)
deposit with Lander or any Bank One Corporation stable against the unpaid balance of this Note, Including primilsel, interest, fns, costs,
expenses and ettomey's feu,
IDENTITY Des LENDER. Lander Is Bank One, N.A., a national banking association with its main offices located In Columbus, Ohio.
INFORMATION SHARING. The Bank Oro Consuma Privacy Policy, which has bean provided to you describes our Information sharing practices
and gives directions on how ro opt out, or direct us 0 11mh the sharing of Personal Information In delimit In tin Privacy Pogeyl about you with
other companies or organizations. you hereby agree that, if you Choose not to Beatles the opt ow described M the Privacy Poky, you wig be
deemed W have authodzed us to were arty Parean el Information about you Including information related W any of the products or services you
may have with any Bank Oro companyl with other Companies a other organizations.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Plains ratify us if we report any inaccurate
information about your aecountlsl to s Consumer reporting agency. Your written WON describing the specific maceuracyass) should be Sent to
w a the folowbq address: Bank ON P.O. Box 901008 Fan Worth, TX 78101-2008
GENERAL PROVISIONS. I do not agree or intend to pay, and Lender does not agree or intend to contract for, charge, collect, take, reserve or
receive loollectively referred to hYNn as 'charge or collect-1, any amount in the nature of Interest or In the nature of a fee for this loan, which
would In any way or event IimWin9 demand, prepayment, pr aecelandionl cause Larder to charge Or collect more for Ws ban than the
maximum Lander would be permitted to charge or Cobol by federal law or the law of the State of Ohio Res appgeaWel. Any such excess
Internet or unsuthorized fee shag, Insued of anything stated to the Contrary, be applied first t0 reduce the Principal balance of tide loan, and
when the primipal has been paid in fug, be refunded to me. Lander may delay or forgo enforcing my of its rights or mouxess under this Note
without losing them. I and any other poison who signs, gueramess or endorsee this Note, to the exam allowed by law, waive presemmem,
demand for payment. and ropes of dishonor. Upon any change in the terms of this NOW, and unless odw rwiw expressly stated In writing, no
party who signs a" Note, whether as maker, guarantor, accommodation maker or endorses, shall be relim ed from late ty. Al such parties
agree that Lander may renew or extend Impaaadly, and for any length of timal this ban or release arty parry or guarantor or collaaral: or impair,
fall to realize upon or perfect Lander's security interact In the collateral. All such parties also agree that Lander may modify this loon without the
consent of or WON to anyone other than the party with whom the va digcstbn Is made. The obligations under this Note are joint and several.
This mum that the words 'I', 'ma', and *my* mean each and all of the Personas signing below.
PRIOR TO SMMG THIS NOTE. I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I AGREE TO THE TERMS OF THE NOTE
1 ACKNOWLEDGE RECEPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
/BOORRRROWER: ,'?,,??????
/ x? FA J C _ lseNl
JOH A KUVELESKI, In dwPY y
V
' uv,.w,w.....,.....,...,,.,...vr.,.?..,m,,ea .er.w.,, -. ewue..a..a.,swva-..sex--
BANK ONE,
DISCLOSURE STATEMENT
ANNUAL PERCENTAGE
RATE
The cost of my credit as a
yearly rate.
8.549%
FINANCE CHARGE
The dollar amount the credit
will cost me.
942,855.00
Amount Financed
The amount of credit
provided to me or on my
behalf.
875,000.00
Total of Payments
The amount I will have paid
after I have made all
payments as scheduled.
$117,855.00
PAYMENT SCHEDULE. My payment schedule will be 180 monthly payments of $654.75 each, beginning December 20, 2003.
PROPERTY INSURANCE I may obtain property Insurance from anyone I want that is acceptable to Lender.
SECURITY. I am giving a security interest In MY HOME.
LATE CHARGE. If a payment is 15 days or more late I will be charged $25.00.
PREPAYMENT. If I pay off early, I may have to pay a penalty.
1 will look at my contract documents for any additional information about nonpayment. default, any required repayment in full before the
scheduled date, and prepayment refunds and penalties.
1 read and was given a completed copy of this Disclosure Statement on November 20, 2003, prior to sipping the Note.
BORROWER:
(Seel)
? JON KOVELESKI, n i?v wily
Amount Financed Itemization
Amount paid to me directly: $76,000.00
$75,000.00 Lender's Check If TO BORROWWER
j Note Principal; $75,000.00
Prepaid Finance Charges: $0.00
In Cash: $0.00
Amount Financed: $75,000.00
Wr?YY W41Y•w.IILtlY CwM,YY IYW I,YY„l MarM.YY. YIIyYIM„1. •IMYI MCA,WIYKKMM1NYR 1LYnN01MOriY1M
Borrower: JOHN A KOVELESKI Lender: Bank One, NA
17 NEPONSIT LANE National Direct Equity (NOE)
CAMP HILL, PA 17011 100 East Broad Street
Columbus, OH 43271
EXHIBIT "B"
('05-69yy
L5t
WHEN RECORDED MAIL
TransUnion Sefikmesit Solutions
5300 Brandywine Pkwy
Suite too
Wilminston. DE 19803
ROBERT P. ZIEGLER
RECORDER Of DEEDS
'.;!."i MAND COUNTY-"r i
TO: ).? 7EC 2 Rn 11 33
"Servicing KY2-1606 • .
(Y ( ION W k95a
NOV 2 6 2003,1 MORTGAGE
THIS MORTGAGE dated November 20, 2003, is made and executed between JOHN A KOVELESKI, A SINGLE
MAN, whose address is 17 NEPONSIT LANE, CAMP HILL, PA 17011 (referred to below as "Grantor") and Bank
One, NA , whose address is 100 East Broad Street, Columbus, OH 43271 (referred to below as "Lander").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells. conveys, assigns, transfers, releases, confirms and
mortgages to Lander all of Grantor's right, title, and interest in and to the following described real property, together with all existing or
subsequently erected or affixed buildings, improvements and fixtures; ail streets, lanes, allays, passages, and ways; all easements, rights of
way, all liberties, privileges, tenements, hereditame nts, and appurtenances thereurxo belonging or anywise made appurtenant hereafter, and the
reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or
irrigation rights); and all other rights, royalties, and profits relating to the real poperty, including without imitation all minerals, oil, pea,
geothermal and similar matters, (the "Real Property") located in CUMBERLAND County, Commonwealth of Pennsylvania:
The Real Property or Its address is commonly known as 17 NEPONSIT LANE, CAMP HILL, PA 17011. The Real
Property parcel identification number is 13.25.0022-14-3. The Real Property tax Identification number is
13-25-0022.14-3.
Grantor presently assigns to LaMar all of Grantor's right, title, and interest in and to an present and future leases of the Property and all Rents
from the Property. In addition. Grantor grants to Lander a Uniform Commercial Coda security interest in the Personal Property and Rents.
THIS MORTGAGE. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS
GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THEADTE IN
THE DRIGINAL PRINCIPAL AMOUNT OF 075,000.00. THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND
ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this•Mortgage. Grantor shag pay to Lender all amounts secured by this
Mortgage as they become due and shag strictly perform all of Grantor's obligations under this Mortgage,
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by
the following provisions:
Possession and Use. Until the occurrence of an Event of Default. Grantor may (1) remain in possession and control of the Property; (2)
use, operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance
necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of
the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened relapse of any Hazardous
Substance by any person on, under, about of from the Property; (2) Grantor has no knowledge of, or reason to believe that there has
been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws,
(b) any use, generation, manufacture, storage, treatment, disposal. release or threatened release of any Hazardous Substance on, under,
about or from the Property by any prior owners or occupants of the Property, or to) any actual or threatened litigation or claims of any
BK 1847PGO072
MORTGAGE Page 2
Loan No: 426400128830 (Continued)
kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, is) neither
Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of
or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted In compliance
with all applicable federal, state, and local laws, regulations and ordinances, Including without limitation all Environmental Laws. Grantor
authorizes Lender and its agents w enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem
appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be
for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other
person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for
Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the
event Grantor becomes liable for cleanup or other costs under any such laws; and 121 agrees to Indemnify and hold harmless Lender
against any and ell claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or Indirectly sustain or suffer
resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release
or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been
known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnity, shall survive the payment of the
Indebtedness and the satisfaction and reconveyonce of the lien of this Mortgage and shall not be affected by Lender's acquisition of any
interest in the Property, whether by foreclosure or otherwise.
Nuisance. Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to
the Property m any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other
party the right to remove, any timber, minerals (Including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior
written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to
replace such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend
to Lender's interests and to Inspect the Real Property for purposes of Grantors compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter
in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such
law, ordinance, or regulation and withhold, compliance during any proceeding, including appropriate appeals, so long as Grantor has notified
Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender
may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
Duty to Protect Grantor agrees neither to abandon or lave unattended the Property. Grantor shalt do all other acts, in addition to those
acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect end preserve the
Property.
DUE ON SALE • CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
Mortgage upon the sale or Varietal, without Lender's prior written consent, of all or any part of the Real Property, or any interest In the Real
Property. A 'sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial
or equitable; whether voluntary or Involuntary; whether by outright sale, dead, instalknent sale contract, land contract, contract for deed,
leasehold interest with a term greater than three 131 years, base-option contract, or by sale, assignment, or transfer of any beneficial interest in
or to any lad trust holding title to the Real Property, or by any other method of conveyance of an Interest in the Real Property. However, this
option shag not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment, Grantor shag pay when due (and in all events prier to delinquency) all taxes, payroll taxes, special taxes, assessments, water
charges and sewer service chases levied against or on account of the Property, and shag pay when due all claims for work done on or for
services rendered or material fumished to the Property. Grantor shall maintain the Property free of any Rena having priority over or equal to
the interest of Lender under this Mortgage, except for those lien specifically agreed to in writing by Lender, and except for the lien of taxes
and assessments not due as further specified in the Right to Contest paragraph.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the
obligation to pay, so long as Lender's Interest in the Property is not jeopardized. If is lien wises or is filed as a result of nonpayment,
Grantor shall within fifteen (15) days after the lien arises or, it a lien is filed, withinFifteen 116) days after Grantor has notice of the filing,
secure the discharge of the lien, or it requested by Lender, deposit with Lender cash or a'sufficient corporate surety bond or other security
satisfactory to lender in an amount sufficient to discharge the lien plus any costs and permissible lees, or other charges that could accrue
as a result of a foreclosure or sale under the fen. In any contest, Grantor shag defend itself and Lender and shag satisfy any adverse
judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in
the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against
the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen 05) days before any work is commenced, any services are furnished, or
any materials are supplied to the' Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the
work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor
can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to inswing the Property are a pan of this Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on
a replacement basis for the full insurable value covering ell Improvements on the Real Property in an amount sufficient to avoid application
of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shag be written by such insurance companies
and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each Insurer
containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten 1101 days' prior written notice to Lender
and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an
aK 1847PGO073
MORTGAGE Page 3
Loan No; 426400128830 (Continued)
endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omisslun or default of Grantor or any
other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as
a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given
by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior (lens on
the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by
Lender, and to maintain such insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss It
Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's
election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien
affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor
shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender; Lender shall, upon satisfactory proof of
such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration it Grantor is not in default
under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not
committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to
pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds
after payment In full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear.
LENDER'S EXPENDITURES. if Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims
(0) to provide any required Insurance on the Property, or IC) to make repairs to the Property then Lender may do so. If any action or
proceeding is commenced that would materially affect Lander's interests In the Property, then Lender on Grantor's behalf may, but is not
required to,. take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for
such purposes will then bear interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by
Grantor. All such expenses will become a part of the indebtedness and, at Lender's option, will (A) be payable on demand; (0) be added to
the balance of the Note and be apportioned among and be payable with any installment payments to become due during either 111 the term of
any applicable Insurance policy; or (2) the remaining term of the Note; or IC) be treated as a balloon payment which will be due and payable
at the Note's maturity. The Property also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to
any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed
as curing the default so as to bar Lender from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such
expenses shall survive the entry of any mortgage foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage:
Title. Grantor warrants that: la) Grantor holds good and marketable title of record to the Property In fee simple, free and clear of all liens
and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion
issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to
execute and deliver this Mortgage to Lender.
Defense of This. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the this to the Property against
the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's this or the interest of Lender
under this Mortgage. Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but
Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and
Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such
participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,
ordinances, and regulations of governmental authorities.
Survival of Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive the execution and delivery
of this Mortgage, shall be continuing in nature and shall remain in full force and effect until such time as Grantor's Indebtedness is paid in
full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage;
Proceedings. If any proceeding in condemnation Is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take
such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but
Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Ito own choice, and Grantor
wig deliver or cause to be delivered to Lander such Instruments and documentation as may be requested by Lender from time to time to
permit such participation.
Application of Net Proceeds. If all or any part of the Property Is condemned by eminent domain proceedings or by any proceeding or
purchase in lieu of condemnation, Lender may at Its election require that all or any portion of the not proceeds of the award be applied to
the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shag mean the award after payment of all
actual costs, expenses, and attorneys' fees incurred by Lender In connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating, to governmental taxes,
fees and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lander. Grantor shall execute such documents In addition to this Mortgage and take
whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lander for
all taxes, as described below, together with all expenses Incurred in recording, perfecting or continuing this Mortgage, including without
limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage of upon all or any
part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from
payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the
holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and Interest made by
Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the
same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below
BKI847PG0074
MORTGAGE
Loan No: 426400128830 (Continued)
Page 4
unless Grantor either 111 pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens
section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT: FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a pan of
this Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by
Lender to perfect and continue Lender's security Interest In the Personal Property. In addition to recording this Mortgage in the real
property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or
reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expanses Incurred in perfecting or
continuing this security interest. Upon default, Grantor shall assemble the Personal Property in a manner and at a place reasonably
convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender.
Addresses. The mailing addresses of Grantor Idebtor) and Lender (secured party( from which information concerning the security interest
granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this
Mortgage.
FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a pan of this
Mortgage:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to
be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or
rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages,
deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance,
certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect,
continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security
interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless
prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred In
connection with the matters referred to in this paragraph.
Attorney-In-Feet. If Grantor fails to do any of the things referred to In the preceding paragraph, Lender may do so for and in the nams of
Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the
purpose of making, executing, delivering, fling, recording, and doing all other things as may be necessary or desirable, in Lender's sole
opinion, to accomplish the matters referred to in the preceding paragraph.
RILL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under
this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any
financing statement on file evidencing Lender's security Interest in the Rents and the Personal Property. Grantor will pay, if permitted by
applicable law, any reasonable termination fee as determined by Lender from time to time,
EVENTS OF DEFAULT. At Lender's option, Grantor will be In default under this Mortgage if any of the following happen:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or Insurance, or
any other payment necessary to prevent filing of or to effect discharge of any lien.
Break Other Promises. Grantor breaks any promise made to Lender or Grantor fails to perform promptly at the time and strictly in the
manner provided in this Mortgage or in any agreement related to this Mortgage.
False Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or
the Related Documents is fake or misleading in any material respect, either now or at the time made or furnished.
Defective Collateralizatlon. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any
collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any
assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or
insolvency laws by or against Grantor.
Taking of the Property. Any creditor or governmental agency tries to take any of the Property of any other of Grantor's property in which
Lender has a lien. This includes taking of, garnishing of or levying on Grantor's accounts with Lender.
Breech of Other Agreement. Any breech by Grantor under the terms of any other agreement between Grantor and Lender that is not
remedied within any grace period provided therein, including without limitation any agreement concerning any Indebtedness or other
obligation of Grantor to Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or
disputes the validity of, or liability under, any Guaranty of the Indebtedness.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may
exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided bylaw:
Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the
entire Indebtedness immediately due and payable.
UCC Remedies. With respect tb all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
under the Uniform Commercial Code.
Collect Rents. Subject to applicable law Lender shall have the right, without notice to Grantor, to take possession of the Property and
collect the Rents, Including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the
BK 1847PG0075
MORTGAGE
Loan No: 426400128830 iContinued)
Page 5
indebtedness. In furtherance of this right. Lender may require any tenant or other user of the Property to make payments of rent or use
fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-In-fact to
endorse instruments received in payment thereof In the name of Grantor and to negotiate the same and collect the proceeds. Payments by
tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or
not any proper grounds for the demand existed. Lender may exercise Its rights under this subparagraph either In person, by agent, or
through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the
power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the
Property and apply the proceeds, over and above the cost of the recelvership, against the Indebtedness. The receiver may serve without
bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or rat the apparent value of the Property
exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property
NoMudicial Sala. If permitted by applicable law, Lender may foreclose Grantor's Interest In all or in any part of the Personal Property or the
Real Property by non-judiciat sale.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all
amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. Ii Grantor remains In possession of the Property after the Property is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the
purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the
Property immediately upon the demand of Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled.
In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by
separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.
Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time
after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable
law, reasonable notice shell mean notice given at least ten (10) days before the time of the sale or disposition.
Eleotton of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by
Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of
Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare
Grantor In default and to exercise Lender's remedies.
Expenses. To the extent not prohibited by applicable law, all reasonable expenses Lender incurs that in Lender's opirtkm are necessary at
any time for the protection of its interest or the enforcement of its rights, shall become a part of the loan payable on demand, and shall
bear interest at the Note rate from the date of expenditure until repaid. Expanses covered by this paragraph include, without limitation,
however subject to any limits under applicable law, Lender's expenses for bankruptcy proceedings fincuding efforts to modify or vacate the
automatic stay or injunction) and appeals, to the extent permitted by applicable law.
NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shell
be effective when actually delivered, when actually received by telefecsimile (unless otherwise required by law), when deposited with a
nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage
prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lion
which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of the Mortgage. Any person may change
his or her address for notices under this Mortgage by giving formal written notice to the other person or persons, specifying that the purpose of
the notice Is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current
address. Unless otherwiskitrovided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed
to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender. Notwithstanding the foregoing,
the address for notice for Lender Is: Bank One, P.O. Box 901008, Fort Worth, TX 78101.2008.
IDENTITY OF LENDER. Lender is Bank One, N.A., a national banking association with its main offices located in Columbus, Ohio.
NON-WAIVER. A waiver by any party of a breach of a provision of this Mortgage shall not constitute a waiver of or prejudice the party's right
otherwise to demand strict compliance with that provision or any other provision.
SUPPLEMENT TO PERSONAL PROPERTY DEFINITION. it is the intention of Linder only to take a security interest in and retain a lien on that
personal property considered fixtures under the Uniform Commercial Code as adopted in the jurisdiction where this Mortgage is filed of record as
same may be amended from time to time or such other statute of such jurisdiction that defines property affixed to real estate and no other
personal property.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. What is written in this Mortgage and in the Related Documents Is Grantor's entire agreement with Lender concerning the
matters covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be in writing and must be signed by
whoever will be bound or obligated by the change or amendment.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the
provisions of this Mortgage.
Governing Lew. This agreement will be governed by and interpreted in accordance with federal law and the laws of the State of
Pennsylvania except for matters related to: (1) interest and the expottation of interest, which will be governed by and interpreted in
accordance with federal law (including, but not limited to, statutes, regulations, Interpretations, and opinions) and the laws of the State of
Oho; and (2) the validity and enforcement of Lender's security interest in the Property, which will be governed by the laws of the State
where the Property is located. However, if there ever is a question about whether any provision of the agreement is valid or enforceable,
the provision that Is questioned will be governed by whichever of the governing state or federal laws that would find the provision to be
BK 1847PGO076
MORTGAGE
Loan No: 428400128830 (Continued)
Page 6
valid and enforceable. The loan transaction which is evidenced by this and other related documents has been approved, made and funded,
and'all necessary documents have been accepted by Lender in the State of Ohio.
No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless Lender does so in
writing. The fact that Lander delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree
in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Mortgage.
Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent
again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests,
that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for
payment, protest, and notice of dishonor.
Severability. If a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by itself will not mean that
the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even if a
provision of this Mortgage may be found to be invalid or unenforceable.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any
time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives,
successors, and assigns, and shall be enforceable by Lender and its successors and assigns. '
Time Is of the Essence. Time is of the essence in the performance of this Mortgage.
DEFINITIONS. The following words shall have the following meanings when used in this Mortgage:
Borrower. The word "Borrower' means JOHN A. KOVELESKI, and all other persons and entities signing the Note.
Environmental Laws. The words 'Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. I'CERCLA"I, the Superfund Amendments and
Reauthorization Act of 1986, Pub. L. No. 99.499 1"SARA'I, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq.,
the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or
regulations adopted pursuant thereto.
Event of Default. The words "Event of Default' mean any of the events of default set forth in this Mortgage in the events of default
section of this Mortgage.
Grantor. The word 'Grantor" means JOHN A KOVELESKI.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation parry to Lender, including
without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when
Improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words 'Hazardous
Substances' are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or
waste as defined by or listed under the Environmental Laws. The term 'Hazardous Substances" also includes, without limitation, petroleum
and petroleum by-products or any fraction thereof and asbestos.
Improvements. The word "Improvements' means all existing and future improvements, buildings, structures, mobile homes affixed on the
Real Property, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and exporters payable under the Note or
Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or
Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to
enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage.
Lander. The word "Lender" means Bank One, NA , its successors and assigns. The words "successors or assigns" mean any person or
company that acquires any interest in the Note.
Mortgage. The word "Mortgage' means this Mortgage between Grantor and Lender.
Note. The word 'Note" means the promissory note dated November 20, 2003, in the original principal amount of $76,000.00
from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions
for the promissory note or agreement. The maturity date of this Mortgage is November 20, 2018.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
owned by Grantor, and now or hereafter attached or affixed to the Reel Property; together with all accessions, parts, and additions to, all
replacements of, and all substitutions for, any of such property; and together with all proceeds finchxfinng without limitation all insurance
proceeds and refunds of premiums) from any sale or other disposition of the Property.
Property. The word 'Property' means collectively the Real Property and the Personal Property.
Real Property. The words 'Real Property' mean the reel property, interests and rights, as further described in this Mortgage.
Rested Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from
the Property.
BK 1847PGOO77
MORTGAGE
Loan No: 426400128830 (Continued)
Page 7
v
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT
OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
(Seel)
JO O EL S I. IndW dua9y
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgages, Bank One, NA , herein is as follows:
National Direct Equity (NDE), 100 East Broad Street Columbus, OH
COMMONWEALTH OF PENNSYLVANIA
43271 ??Y(ny (
??mm7 or lpent`? ??
ALISON B. CALISE, BANK OFFICER
ACKNOWLEDG
//)'`? J,?? ?/?q ????/ Ills
COUNTY"OF ?_/ ?'y?JGKI(.7LLt/I'lLt 1 .. / ?1O(
On the V ' • ' day of lug , 20 before me -raw ?••?' ? I N `
the undersigned Notary Public, personally appeared JOHN A KOVELESKI, known to ma or sat s actorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the some for,the
purposes therein contained.
In witness whereof, I hereunto set mY hand and offlclN seal.
NotseTina L. Pennell
Columbus Bow Loris My Commissiue
1 =-.V-
Member., paraw NafM Assatledon aisda
f ? ''40?
Notary Public in and for the State of
cnr.w u., x.l.yrrrlrr?w?.wl.lrr.am wxlw.ir.r.
be recorded
I Certify this to Count`( 4A
I1? Cumbernlann - ! O
t • Recorder of Deeds
BK 1847PG0078
EXHIBIT "C"
Date: May 8, 2006
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE*
This is an official notice that the mortgage on Your home is in default- and the lender intends to
foreclose. Specific information about the nature of the default is Provided in the attached pages
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to
save your home.
This Notice explains how the Program works.
The name, address and phone number of Consumer Credit Counseling Agencies serving your county are
listed at the end of this Notice If You have any questions You may call the Pennsylvania Housing Finance
Agency toll free at 1-800-342-2397 (Persons with impaired hearing call 717-780-1869.)
This Notice contains important legal Information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact
an attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE
ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL
PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A
REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): John A. Koveleski
PROPERTY ADDRESS: 17 Neponsit Lane, Camp Hill, PA 17011
LOAN ACCT. NO.: 000000010238468
OUR FILE NO: 05234236
ORIGINAL LENDER: Bank One, N.A.
CURRENTLENDER/SERVICER: JP Morgan Chase Bank, N.A. successor by merger
with Bank One N.A.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
_YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU
MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice.
During that time you must arrange and attend a "face-to-face" meeting with one of the consumer
credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR
WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE.
THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE
DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender may NOT take
action against you for thirty (30) days after the date of this meeting. The names, addresses, and
telephone numbers of designated consumer credit counseling agencies for the county in which
the Property is located are set forth at the end of this Notice. It is only necessary to schedule one
face-to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the
reasons set forth later in this Notice. (See following pages for specific information about the
nature of your default.) If you have tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Assistance Program.
To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance
Program Application with one of the designated consumer credit counseling agencies listed at the
end of this Notice. Only consumer credit counseling agencies have applications for the program
and they will assist you in submitting a complete application to the Pennsylvania Housing
Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your
face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO
OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL
BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives
your application. During that time, no foreclosure proceedings will be pursued against you ifyou
have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
f you have filed bankruptcy, you can still apply for Emergency Mort a e Assistance.
HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your
property located at:
17 Neponsit Lane, Camp Hill, PA 17011
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
Payments due for 1/20/06 to 4/20106
Payment amount $654.75 $ 2,619.00
Late Charges $ 75.00
Attorneys Fees $ 50.00
TOTAL AMOUNT PAST DUE: $ 2,744.00
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS
of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE
LENDER, WHICH IS $2,744.00, PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.
Payments must be made either by cash cashier's check. certified check, or money order made
navable and sent to:
JP Morgan Chase Bank,
N.A. successor by merger with
Bank One N.A.
111 East Wisconsin Ave
Milwaukee, WI 53202
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender intends to exercise Its rights to accelerate the
mortgage debt. This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If
full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged
ro er .
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by
the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you
cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorney's fees that were actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees
will be added to the amount you owe the lender, which may also include other reasonable costs.
If You cure the default within the THIRTY (30) DAY period, you will not be required to
pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yon
still have the right to cure the default and prevent the sale at any time up to one hour before the
any other costs connected with the Sheriffs Sale as specified in writing by the lender and by
performing any other requirements under the mortgage. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that
such a Sheriff's Sale of the mortgaged property could be held would be approximately 6
months from the date of this Notice. ,A notice of the actual date of the Sheriffs Sale will be
sent to you before the sale. Of course, the amount needed to cure the default will increase the
longer you wait. You may find out at any time exactly what the required payment or action will
be by contacting the lender.
HOW TO CONTACT THE LENDER:
WELTMAN, WEINBERG & REIS CO., L.P.A.
325 Chestnut Street, Suite 1120
Philadelphia, PA 19106
(215) 599-1500 ext. 81506
Reinstatement requests: 800.576.6730 ext. 20614
Payoff requests: 800.576.6730 ext. 20616
Payment arrangements: 800.576.6730 ext. 20614
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You _ may or X may not (CHECK ONE) sell or
transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all
the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale
and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTION ON
YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER,
YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN
THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE
MORTGAGE DOCUMENTS,
• TO ASSET ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO
SUCH ACTION BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
Please See Attached D. Samantha T. Estevez, Esquire
Attorney for Plaintiff
Weltman, Weinberg & Reis, Co. L.P.
325 Chestnut Street
Suite 1120
Philadelphia, PA 19106
THIS IS ANATTEMPT TO COLLECT A DEBT AND ANYINFORMATION
OBTAINED SHALL BE USED FOR THAT PURPOSE.
HEMAP Consumer Credit Counseling Agencies
CUMBERLAND County
Report last updated: 1/262006 8:32:237M
Acorn Housing
14 S. 13th Street
Harrisburg, PA 17104
717.213.0150
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
717.334.1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.2312207
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717.7622285
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.3412397
U. S. Postal Service..
CERTIFIED MAIL_
(DOmestlc Mai/ Onty: No /nsu ourraweR E CEI P T
ase
For tlelive Coverage PooyideU/
Miss
earesse
ry information vi
sit bsite at www.usps.ar
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1-1 Poe fte i
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Total P" s lO Fees
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Postmark
Nero
U. S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From: Weltman, Weinberg & Reis Co., L.P.A.
325 Chestnut Street, Suite 1120
Phil 1 9 -15005^
One piece of ordinary mall addressed to:
'C1 ?e-}arS? ?a?-e d Jao?S
PS Form 3817, Mar. 1989
HASLER
o
M1 M
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o la m
JS POSTAGE
FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE
By law, this law firm is required to advise you that unless within 30 days after
receipt of this notice you dispute the validity of this debt or any portion thereof, the
debt will be assumed to be valid by us. If said notification is sent to us in writing, we
are required to provide you with verification of the debt. In the event within a 30-day
period you request in writing the name of the original creditor, it will be provided to
you if different from the current creditor. In the event that you dispute the debt
and/or request the name of the original creditor in writing within the 30-day period,
no further action will be taken to obtain Judgment in the pending lawsuit until the
verification and/or name of the original creditor has been provided to you.
This law firm is debt collector attempting to collect this debt for our
client and any information obtained will be used for that purpose.
EXHIBIT "D"
FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE
By law, this law firm is required to advise you that unless within 30 days after
receipt of this notice you dispute the validity of this debt or any portion thereof, the debt
will be assumed to be valid by us. If said notification is sent to us in writing, we are
required to provide you with verification of the debt. In the event within a 30-day period
you request in writing the name of the original creditor, it will be provided to you if
different from the current creditor. In the event that you dispute the debt and/or request
the name of the original creditor in writing within the 30-day period, no further action will
be taken to obtain Judgment in the pending lawsuit until the verification and/or name of
the original creditor has been provided to you.
This law firm is attempting to collect this debt for our client and any information
obtained will be used for that purpose.
The above Notice is being given pursuant to the Fair Debt Collection Practices
Act and is separate and distinct from the foregoing Complaint which must be responded
to in conformity with the instructions therein. Because of the difference in time
parameters, we will not move for Default Judgment for at least thirty (30) days from the
date of service of this Complaint upon you, and if you request verification, we will not
move for Default judgment until a reasonable time after verification has been provided,
and after the expiration of the thirty (30) day period from the date of service.
VERIFICATION PAGE
1, Samantha Tran Estevez, Esquire, attorney for the Plaintiff do hereby swear
and affirm that the averments in the attached Complaint are true and correct to the best
of his/her knowledge, information and belief. These averments are made subject to the
penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
YL-?? o??
Samantha Tran EsteG?c
3l
Date
...o ?
.\
} ? _?
_ . 3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMorgan Chase Bank, N.A.
successor by merger with
Bank One, N.A.
Plaintiff,
v.
NO: 06-3545 Civil Term
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER TYPE OF PLEADING:
JOHN A. KOVELESKI,
Defendant. MOTION FOR SERVICE OF COMPLAINT
IN MORTGAGE FORECLOSURE
PURSUANT TO SPECIAL ORDER OF
COURT AND ORDER OF COURT
FIILED ON BEHALF OF:
PLAINTIFF
COUNSEL OF RECORD FOR THIS
PARTY:
Samantha T. Estevez, Esquire
Pa. I . D. #89204
WELTMAN, WEINBERG & REIS CO., L.P.A.
Firm #339
2718 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
(412) 434-7955
WWR#05234236
a
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMorgan Chase Bank, N.A.
successor by merger with
Bank One, N.A.
Plaintiff,
V.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
NO: 06-3545 Civil Term
Plaintiff, JPMorgan Chase Bank, N.A., successor by merger with Bank One, N.A., by and
through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files this Motion for
Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court under
Pennsylvania Rule of Civil Procedure 430 as follows:
1. On or about June 21, 2006, Plaintiff filed a Complaint in Mortgage Foreclosure against
John A. Koveleski, at the above-captioned number and term.
2. Plaintiff was advised that John A. Koveleski committed suicide on May 24, 2006.
3. Plaintiff conducted a search through Aracor Search and Abstract and found there has
been no estate filed on behalf of John A. Koveleski. A true and correct copy of said search is
attached as Exhibit "A".
4. Plaintiff has amended the Complaint in Mortgage Foreclosure to list the Defendant as
the Unknown Heirs, Successors, Assigns and all Persons, Firms, or Associations claiming right,
title, and interest from or under John A. Koveleski.
r
WHEREFORE, Plaintiff respectfully requests that this Honorable Court permit
Plaintiff to serve Defendant, Unknown Heirs, Successors, Assigns and all Persons, Firms, or
Associations claiming right, title, and interest from or under John A. Koveleski, by directing the
Sheriff of Cumberland County to post the property at 17 Neponsit Lane, Camp Hill, PA 17011,
and by publication pursuant to Pa. R.C.P. Rule 430 (b) (2) in one legal journal and one
newspaper of general circulation. Service of the Complaint shall be deemed complete and valid
upon mailing and publication by the Plaintiff and by posting by the Sheriff.
WELTMAN, WEINBERG & REIS CO., L.P.A.
amantha T. Estevez, Esquire
Pa. I . D. #89204
Attorneys for Plaintiff
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
ti
ARACOR Search & Abstract Services, Inc.
1617 JFK Boulevard, Suite #305
Philadelphia, Pennsylvania 19103
(tel) 215/496-0900 (fax) 215/496-0904
MISC# 13517
Name:
Address:
County:
SS#
D.O.B.
D.O.D.
John Koveleski
DATE: Monday, July 10, 2006
17 Neponsit Lane Camp Hill, Pa
Cumberland
203-48-8700
03/02/1964
05/24/2006
Dear Valued Client,
You have requested an Estate Search from the Miscellaneous Department. Unfortunately
we are unable to find any estate for the above name and information you provided us
with.
If you have any further information or have any questions please call.
Thank You,
ARACOR Miscellaneous Department.
ARACOR certified that a complete and accurate search of the appropriate public
records was performed for persons and/or premises defined above for the relevant
period of time. Liability hereunder is assumed by ARACOR solely in its capacity as
an abstractor for its negligence, mistakes, or omissions in a sum NOT EXCEEDING
THE COST OF THIS REPORT. This Report should not be utilized for Foreclosure or
Title Policy purposes.
, • =y
CERTIFICATE OF SERVICE
The undersigned hereby certifies that true and correct copies of the within Motion
for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of
Court and Order of Court were mailed to the following on this d151- day of
2006, by first class, U.S. Mail, postage pre-paid:
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI
17 Neponsit Lane
Camp Hill, PA 17011
Respectfully Submitted:
WELTMAN, WEINBERG & REIS CO., L.P.A.
Samantha T. Estevez, Es ire
Pa. I . D. #89204
Attorneys for Plaintiff
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
Gti
P
C zt:
r
_. TV tJ
'
CJI ?C
P2ECEIVED ?j
AUG 2 4 2006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
CIVIL DIVISION
JPMorgan Chase Bank, N.A.
successor by merger with
Bank One, N.A.
Plaintiff,
V.
NO: 06-3545 Civil Term
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
ORDER OF COURT
AND NOW, to wit, this lc. day of ?,,yk2006, upon consideration
of the within Motion for Special Service of the Complaint in Mortgage Foreclosure Pursuant to
Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff is
permitted to serve Defendant, Unknown Heirs, Successors, Assigns and all Persons, Firms, or
Associations claiming right, title, and interest from or under John A. Koveleski, by directing the
Sheriff of Cumberland County to post the property at 17 Neponsit Lane, Camp Hill, PA 17011, and
by publication pursuant to Pa. R.C.P. Rule 430 (b) (2) in one legal journal and one newspaper of
general circulation. Service of the Complaint shall be deemed complete and valid upon mailing
and publication by the Plaintiff and by posting by the Sheriff.
BY THE COURT:
Ie?° 0
i
20 .E Wd R 9nV 9002
3N1 Jo
lofa_!O? Ilij
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
successor by merger with
BANK ONE, N.A.,
Plaintiff, NO.: 06-3545 Civil Term
V.
UNKNOWN HEIRS, SUCCESSORS, ISSUE NO.:
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER CODE:
JOHN A. KOVELESKI,
Defendant
TYPE OF PLEADING:
PRAECIPE TO REINSTATE COMPLAINT
IN MORTGAGE FORECLOSURE
FIILED ON BEHALF OF:
PLAINTIFF
COUNSEL OF RECORD FOR THIS
PARTY:
Samantha T. Estevez, Esquire
PA I. D. #89204
WELTMAN, WEINBERG & REIS CO., L.P.A.
Firm #339
2718 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
(412) 434-7955
WWR#05234236
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
successor by merger with
BANK ONE, N.A.,
Plaintiff,
V.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant
NO.: 06-3545 Civil Term
PRAECIPE TO REINSTATE COMPLAINT
Kindly reinstate the Complaint in the above-captioned matter.
WELTMAN, WEINBERG & REIS CO., L.P.A.
Samantha T. Estevez, Esquire
PA I. D. #89204
Attorneys for Plaintiff
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
C>
?x
C.-
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2006-03545 P
COMMOIVTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JPMORGAN CHASE BANK N A
VS
KOVELESKI JOHN A
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
KOVELESKI JOHN but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
the within named DEFENDANT , KOVELESKI JOHN
17 NEPONSIT LANE
NOT FOUND , as to
CAMP HILL, PA 17011
PER LOWER ALLEN TWP PD, DEFENDANT COMMITTED
SUICIDE ON 5/23/06.
"' --?
Sheriff's Costs: So answers-----,.
Docketing 18.00 Service 13.20
Not Found 5.00 R. Thomas line
Surcharge 10.00 Sheriff of Cumberland County
.00
46.20?
1.19.64
Sworn and Subscribed to before
me this day of
WELTMAN WEINBERG REIS
06/27/2006
A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMorgan Chase Bank, N.A.
successor by merger with
Bank One, N.A.
Plaintiff,
V.
NO: 06-3545 Civil Term
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
PRAECIPE FOR DEFAULT JUDGMENT
(IN REM)
I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS:
111 East Wisconsin Avenue
Milwaukee, WI 53202
Samantha T. Estevez
PA I.D. NO. 89204
AND THE DEFENDANT IS:
17 Neponsit Lane
Camp Hill, PA 17011 Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Building
4367 th Avenue
WELTMAN, WEINBERG & REIS CO., L.P.A. Pittsburgh, PA 15219
(412) 434-7955
BY:
A iNEYS FOR P IFF
WWR#05234236
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMorgan Chase Bank, N.A.
successor by merger with
Bank One, N.A.
Plaintiff,
V.
NO: 06-3545 Civil Term
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
PRAECIPE FOR DEFAULT JUDGMENT (IN REM)
TO THE PROTHONOTARY:
Kindly enter Judgment against the Defendant, above named, in the default of an
Answer, in the amount of $74,242.96 computed as follows:
Principal $ 68,644.16
Interest thru 11/25/06 $ 4,188.80
at the legal interest rate of $12.32 per diem
Late Charge thru 11/25/06 $ 75.00
Execution Costs thru 11/25106 $ 0.00
Attorneys' Fees thru 11 /25/06 $ 1,000.00
Title Search thru 11/25/06 $ 335.00
TOTAL $ 74,242.96
I hereby certify that appropriate Notices of Default, as attached have been mailed in
accordance with PA R.C.P. 237.1 on the dates indicated on the Notices.
WELTMAN, WEINBERG & REIS CO.,
L.P.A.
By: \( o
Samantha T. Estevez
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Building
4367 1h Avenue
Pittsburgh, PA 15219
(412) 434-7955
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities, that the parties against whom Judgment is to be
entered according to the Praecipe attached are not members of the Armed Forces of the United
States or any other military or non-military service covered by the Soldiers and Sailors Civil
Relief Act of 1940. The undersigned further states that the information is true and correct to the
best of the undersigned's knowledge and belief and upon information received from others.
WELTMAN, WEINBERG & REIS CO.,
L.P.A.
By: %V, =
Sa ntha T. Estevez
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Building
4367 1h Avenue
Pittsburgh, PA 15219
(412) 434-7955
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
successor by merger with
BANK ONE, N.A.,
Plaintiff,
vs.
Civil Action No. 06-3545 civil term
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
IMPORTANT NOTICE
TO: Unknown Heirs, Successors, Assigns,
and all Persons, Firms, or Associations
claiming right, title and interest from or
under John A. Koveleski
17 Neponsit Lane
Camp Hill, PA 17011
Date of Notice: 111blwo
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF
YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER
AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
WELTMAN, WEINBERG & REIS CO., L.P.A.
By.
Samantha T. Estevez, Es ire
PA I. D. #89204
Weltman, Weinberg & Reis co. L.P.A.
2718Koppers Building
4367 1h Avenue
Pittsburgh, PA 15219
(412) 434-7955
cc: Danielle Brinser, 853 Braeburn Road, Elizabethtown, PA 17022
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Rs n -c
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
successor by merger with
BANK ONE, N.A.,
Plaintiff,
vs.
JOSEPH M. JULIANO and the
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
Civil Action No. 06-3545 civil term
TYPE OF PLEADING:
PROOF OF SERVICE
Filed on Behalf of:
Plaintiff
Counsel or Record for this Party:
Samantha T. Estevez, Esquire
PA I. D. #89204
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Building
436 7'?' Avenue
Pittsburgh, PA 15219
WWR #05234236
t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
successor by merger with
BANK ONE, N.A.,
Plaintiff,
vs.
Civil Action No. 06-3545 civil term
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
PROOF OF SERVICE
BEFORE ME, the undersigned authority, personally appeared Samantha T. Estevez, Esquire,
who according to law deposes and says that a copy of the Complaint in Mortgage Foreclosure has been
served on the Defendant.
1. On or about August 29, 2006, Plaintiff received a signed Order of Court permitting service,
on the Defendant, to be complete and valid upon posting of the property and by publication on one legal
journal and one newspaper of general publication. Said Order of Court is attached as Exhibit "A".
2. On or about October 4, 2006, the Sheriff of Cumberland County posted the property with a
copy of the complaint in mortgage foreclosure.
3. On or about October 6, 2006, Plaintiff published a copy of the Notice in the Cumberland
Law Journal. Said Proof of Publication is attached as Exhibit "B".
4. On or about October 11, 2006, Plaintiff published a copy of the Notice in The Sentinel.
Said Proof of Publication is attached as Exhibit "C".
wor to and subscribed before e
s day of VDe--, 2006
Notary Publi
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Samantha T. Estevez, Esquire
Attorneys for Plaintiff
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Heidi J. Kelly. Notary Pubk
W0tP*&bumt:. AHegh"QXxq
VY 0W-• ?AP'e$ NOV. 4 .:
nnev?r ?"°
Member, P8 ansa 4ss?ciati?,„?; Notaries
QED
• • AUG 2 4 2006
?Y.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMorgan Chase Bank, N.A.
successor by merger with
Bank One, N.A.
Plaintiff,
V.
NO: 06-3545 Civil Term
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
.?.? ORDER OF COUR
AND NOW, to wit, this 19Lt_ day of U , 2006, upon consideration
of the within Motion for Special Service of the ComTIJAIJ
n M ortgage Foreclosure Pursuant to
Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff is
permitted to serve Defendant, Unknown Heirs, Successors, Assigns and all Persons, Firms, or
Associations claiming right, title, and interest from or under John A. Koveleski, by directing the
Sheriff of Cumberland County to post the property at 17 Neponsit Lane, Camp Hill, PA 17011, and
by publication pursuant to Pa. R.C.P. Rule 430 (b) (2) in one legal journal and one newspaper of
general circulation. Service of the Complaint shall be deemed complete and valid upon mailing
and publication by the Plaintiff and by posting by the Sheriff.
BY THE COURT:
SI J.
w
KAv ou .-
OC OP
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
October 6, 2006
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Lisa Marie Coyne,
SWORN TO AND SUBSCRIMD before me this
6 day of October, 2006
.. ,??.NQtary. R .
?• Ili@:tilUi1 t ;?.1?'-t i :.41?t } '?.Y.i?
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County
and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a
newspaper of general circulation in the Borough of Carlisle, County and State
aforesaid, was established December 13th, 1881, since which date THE SENTINEL has
been regularly issued in said County, and that the printed notice or publication
attached hereto is exactly the same as was printed and published in the regular editions
and issues of THE SENTINEL on the following day(s)
October 11, 2006
COPY OF NOTICE OF PUBLICATION
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND CO DNV CIVIL ISI
JPMorgan Chase Bank, N.A.
successor by merger with
Bank One, N.A.
Plaintiff,
NO.: 06-3545 Civil Tenn
V.
Affiant further deposes that he/she is not
interested in the subject matter of the
aforesaid notice or advertisement, and that
all allegations in the foregoing statement
as to time, place and character of
publication are true.,- A f
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS" AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI
Defendant
NOTICE
If you wish to defend, you must enter a written appearance personally or by attorney
and file your defenses or objections in proceed without yowith the court. you are warned that If u and a judgement may be enteredou
fail to do so the case may ay p p o
Ii I
against
'You you lose money or property or other rights Important the plaintiff.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW LEGAL HELP. OUT WHERE YOU CAN
GET
LAWYER REFERRAL SERVICE
CUMBE 2 SOUTHOBEDFORD STREETIATION
CARLISLE, PA 17013
(717) 249-3166
Samantha T. Estevez, Esquire
Attorney for Plaintiff
WELTMAN, WEIN13ERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
Sworn to and subscribed before me this
11th. day of October 2006.
X a )W=e-
Notary I 'Vic
My commission expires: q// / 1,I)i>
COMMONWEALTH OF PENNSYLVANIA
L Notarial Seal
Christina L. Wdfe, FNotafy Public
Cadisie Boo, Cum?20?08
My Corrunissim E)Ores R
Member. Pennsylvania Association Of Notaries
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-03545 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JPMORGAN CHASE BANK N A
VS
KOVELESKI JOHN A
SHARON LANTZ Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
KOVELESKI JOHN the
DEFENDANT
at 1200:00 HOURS, on the 4th day of October 2006
at 17 NEPONSIT LANE
CAMP HILL, PA 17011 by handing to
POSTED PROPERTY AT 17 NEPONSIT LANE CAMP HILL
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: So Answers:
Docketing 18.0
Service 14.08 8
Posting 6.00
Surcharge 10.00 R. Thomas Kline
.00
48.08,/ 10/06/2006
/+100. WELTMAN WEINBERG REIS
Sworn and Subscibed to By: /j 14 1 fro
before me this day eputy Sheriff
of A.D.
J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A., successor
by merger with BANK ONE, N.A.,
Plaintiff, NO: 06-3545 CIVIL TERM
vs
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129.2(c)
TO: "
?-L lay
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common
Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will be
exposed to Public Sale in the
2nd Floor
Cumberland County Courthouse
Commissioners Hearing Room
Carlisle, PA
on June 13, 2007 at 10:00 A.M., the following described real estate, of which Unknown heirs, successors,
assigns, and all persons, firms, or associations claiming right, title, and interest from or under John A.
Koveleski are the owners or reputed owners:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND
INTEREST FROM OR UNDER JOHN A. KOVELESKI OF, IN AND TO:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE LOWER ALLEN
TOWNSHIP, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING
ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 17 NEPONSIT LANE, CAMP
HILL, PA 17011. DEED BOOK VOLUME 33, PAGE 253, PARCEL NUMBER 13-25-0022-143.
or
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of
JPMorgan Chase Bank, N.A., et. al.,
Plaintiff,
Vs.
Unknown heirs, successors, assigns, and
all persons, firms, or associations claiming
right, title, and interest from or under
John A. Koveleski,
Defendant.
at Execution Number 06-3545 CIVIL TERM in the amount of $ 76,915.72, with appropriate continuing
interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution.
Claims against the property must be filed with the Sheriff before the above sale date.
Ckiimc to nrnraarlc mnct ha -A-
.... -„41-. 41. /l-Pr;.- -1',L„ C!1.. Al- •1
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days
from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the
Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the
Sheriff.
If you have any questions or comments regarding this Sheriff sale you should contact your
attorney as soon as possible.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Patricia L. Blais, Esquire
Attorneys for Plaintiff
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A., successor
by merger with BANK ONE, N.A.,
Plaintiff, NO: 06-3545 CIVIL TERM
VS.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
TYPE OF PLEADING:
DEFENDANT AFFIDAVIT OF SERVICE
Filed on Behalf of.
PLAINTIFF
Counsel or Record for this Party:
Patricia L. Blais, Esquire
PA I.D. #56648
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Building
436 7th Avenue
Pittsburgh, PA 15219
WWR #05234236
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A., successor
by merger with BANK ONE, N.A.,
Plaintiff, NO: 06-3545 CIVIL TERM
vs
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
AFFIDAVIT OF SERVICE
BEFORE ME, the undersigned authority, personally appeared Patricia L. Blais, Esquire, who
according to law deposes and says that a copy of the Notice of Sheriff's Sale has been served on the
Defendant.
1. On or about August 29, 2006, Plaintiff received a signed Order of Court permitting service,
on the Defendant, to be complete and valid upon posting of the property and by publication on one legal
journal and one newspaper of general publication. Said Order of Court is attached as Exhibit "A".
2. On or about February 15, 2007, the Sheriff of Cumberland County posted the property
with a copy of the Notice of Sheriff's Sale.
3. On or about January 26, 2007, Plaintiff published a copy of the Notice of Sale in the
Cumberland Law Journal. Said Proof of Publication is attached as Exhibit "B".
4. On or about March 7, 2007, Plaintiff published a copy of the Notice of Sale in The
Sentinel. Said Proof of Publication is attached as Exhibit "C".
I verify that these statements made are true and
Sworn to and subscribed before me
2007.
day of
AAs
t? r t? /7 A
o a y Public
GO(ffA N+-_' i OF PE Nc,YLV
Not? tal Sea:
Heidi J Kei j, Notary Pub] ic;
City 4f Pit sc? gh, ki, ,~<heny County
M Comm -Pin's Neu. 4, 2009
---y -la';
Member, enu P un of Notaries
best of my o vledge and belief.
Blais, Esquire
Patricia L.
Attorneys for Plaintiff
2718 Koppers Building
436 Seventh
PA 15219
Pittsburg
AUo 2 4 2006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND BOUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMorgan Chase Bank, N.A.
successor by merger with
Bank One, N.A.
Plaintiff,
V.
NO: 06-3545 Civil Term
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
ORDER OF COUR
AND NOW, to wit, this .2??..??,,?? .l.!?day of 2006, upon consideration
of the within Motion for Special Service of the Compl t in Mortgage Foreclosure Pursuant to
Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff is
permitted to serve Defendant, Unknown Heirs, Successors, Assigns and all Persons, Firms, or
Associations claiming right, title, and interest from or under John A. Koveleski, by directing the
Sheriff of Cumberland County to post the property at 17 Neponsit Lane, Camp Hill, PA 17011, and
by publication pursuant to Pa. R.C.P. Rule 430 (b) (2) in one legal journal and one newspaper of
general circulation. Service of the Complaint shall be deemed complete and valid upon mailing
and publication by the Plaintiff and by posting by the Sheriff.
BY THE COURT:
04?- ?. F? li? - J.
E3fHIBIT
r
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
January 26, 2007
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
isa arie Coyne, Ed' or
SWORN TO AND SUBSCRIBED before me this
26 day of January, 2007
E1C OBIT
NOTARIAL SEAL
LOIS E. SWDER, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires March 5, 2009
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County
and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a
newspaper of general circulation in the Borough of Carlisle, County and State
aforesaid, was established December 13th, 1881, since which date THE SENTINEL has
been regularly issued in said County, and that the printed notice or publication
attached hereto is exactly the same as was printed and published in the regular editions
and issues of THE SENTINEL on the following day(s)
March 01, 2007
COPY OF NOTICE OF PUBLICATION
NOTICE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION
'MORGAN CHASE BANK, N.A., successor
i merger with BANK ONE, N.A.,
Plaintiff,
S. NO.: 06-3545 CIVIL TERM
NKNOWN HEIRS, SUCCESSORS,
SSIGNS, AND ALL PERSONS, FIRMS,
R ASSOCIATIONS CLAIMING RIGHT,
TILE AND INTEREST FROM OR UNDER
)HN A. KOVELESKI
Defendant.
otice of SherifPs.Sale of Real Estate on June 13, 2007 in the 2nd Floor,
Cumberland County Courthouse, Commissioners Hearing Room, Carlisle, PA.
LL THE RIGHT,TITLE, INTEREST AND CLAIM OF UNKNOWN HEIRS,
SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS
CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JOHN A.
KOVELESKI OF, IN AND TO:
LL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE LOWER
ALLEN TOWNSHIP, COUNTY OF CUMBERLAND, COMMONWEALTH OF "
PENNSYLVANIA. HAVING ERECTED THEREON A.DWELLING KNOWN AND
NUMBERED AS 17,NEPONSIT LANE, CAMP HILL, PA 17011. DEED BOOK VOL-
UMN 33'PAGE 253, PARCEL NUMBER 13-25-0022-143.
'Morgan Chase Bank, N.A., at. al.vs. Unknown heirs, successors, assigns, and
all drsons, films, or associations claiming right, title, and interest from or under
John A. Koviieski at Eitecution No. 06-3545 CIVIL TERM in the amount of
$76,915.72.
chedufe of Distribution will be filed by the Sheriff on the date specified by the
Sheriff no later than thirty (30) days from sale date. Distributions will be made in
accordance with the schedule unless exceptions are filed within ten (10) days of
the filing of the schedule.
Patricia L. Blais, Esquire
2718 Koppers Building,
436 7th Avenue
Pittsburgh, PA 15219
(412) 434-7955
EXHIBIT
Affiant further deposes that he/she is not
interested in the subject matter of the
aforesaid notice or advertisement, and that
all allegations in the foregoing statement
as to time, place and character of
publication are true.
Xr1A A
Sworn to and subscribed before me this
07th. day of March 2007.
Cquk... Notary IY4blic
My commission expires: 014?
COMMONWEALTH OF PENNSYLVANIA
Nota=N001YRAft
Christina L. WCatfisle Bor% CMy CaTe*sion Member, Pennsylvania Association Of Notaries
CD
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A., successor
by merger with BANK ONE, N.A.,
Plaintiff, NO: 06-3545 CIVIL TERM
VS.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
TYPE OF PLEADING:
LIENHOLDER AFFIDAVIT OF SERVICE
Filed on Behalf of:
PLAINTIFF
Counsel or Record for this Party:
Patricia L. Blais, Esquire
PA I.D. 456648
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Building
436 7th Avenue
Pittsburgh, PA 15219
WWR #05234236
r?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A., successor
by merger with BANK ONE, N.A.,
Plaintiff, NO: 06-3545 CIVIL TERM
vs
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
LIENHOLDER AFFIDAVIT OF SERVICE
BEFORE ME, the undersigned authority, personally appeared Patricia L. Blais, Esquire, who
according to law deposes and says that a copy of the Notice of Sheriff's Sale has been served on each of
the following Lienholders by Certificate of Mail on January 12, 2007. True and correct copies of said
certificates of mail are attached hereto as Exhibit "A".
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Patricia L. Blais, Esquire
Attorneys for Plaintiff
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
Sworn to and subscribed before me
A
day of , j&/ V ( J , 2007
N6tarv Public
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City Of Pit-` 'C, eny County
My Commms 4, 2009
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JPMORGAN CHASE BANK, N.A., successor by
merger with BANK ONE, N.A.,
Plaintiff
vs.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
No. 06-3545 CIVIL TERM
PLAINTIFF'S PETITION TO AMEND
JUDGMENT AND REASSESS SHERIFF
DISTRIBUTION
Defendants.
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Patricia L. Blais, Esquire
PA I. D. #56648
Weltman, Weinberg & Reis, Co., L.P.A.
Firm #339
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
WWR#05234236
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JPMORGAN CHASE BANK, N.A., successor by
merger with BANK ONE, N.A.,
Plaintiff
No. 06-3545 CIVIL TERM
vs.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendants.
PLAINTIFF'S PETITION TO AMEND JUDGMENT AND REASSESS SHERIFF DISTRIBUTION
AND NOW, comes the Plaintiff, by its counsel, moves the Court to direct the Prothonotary to amend
the judgment in this matter and in support thereof avers the following:
1. The Complaint in Mortgage Foreclosure was filed on June 21, 2006.
2. This is an action in Mortgage Foreclosure in which Judgment was entered on November 29,
2006 in the amount of $74,242.96.
3. Plaintiff shall be scheduling a sheriff's sale in the aforementioned matter.
4. Additional sums have been incurred or expended on Defendant's behalf since the Complaint
was filed and Defendant has been given credit for any payments that have been made since the
judgment, if any.
5. The amount of damages should now read as follows:
Principal $68,644.16
Interest through 6/13/07 $ 6,405.54
Late charges through 10/15/05 $ 1,640.36
Escrow $ 102.00
Attorney's Fees and costs $ 5.393.08
TOTAL $82,185.14
6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage.
7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to the inclusion of the
figures set forth above in the amount of judgment against the Defendant. True and correct
copies of the Complaint, Mortgage and Note, with the appropriate sections highlighted for the
Court's convenience, are attached hereto, made part hereof and marked as Exhibits "A", "B" and
"C" respectively.
WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order directing the
Prothonotary to amend the judgment as set forth above, thus reassessing the sheriff's distribution.
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
Patricia L. Blais, Esquire
Attorney for Plaintiff
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JPMORGAN CHASE BANK, N.A., successor by
merger with BANK ONE, N.A.,
Plaintiff
No. 06-3545 CIVIL TERM
vs.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendants.
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S PETITION TO AMEND JUDGMENT AND
REASSESS SHERIFF DISTRIBUTION
1. BACKGROUND OF CASE
Defendant(s) executed a Promissory Note in which Defendant(s) agreed to pay Plaintiff
principal, interest, late charges, real estate taxes, hazard insurance premiums and
mortgage insurance premiums as these sums became due. Plaintiff's Note was secured by
a Mortgage on the subject property located at 17 Neponsit Lane, Camp Hill, PA 17011.
The Mortgage indicates that in the event a default in the mortgage occurs, Plaintiff may
advance any necessary sums, including taxes, insurance and other assessments, in order
to protect the security of the Mortgage.
In the instant case, Defendant(s) defaulted under the Mortgage by failing to tender
numerous, promised monthly mortgage payments. Accordingly, after it was clear that
Defendant(s) was/were not going to cure the default, Plaintiff commenced the instant
Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the
Property will be scheduled for sheriffs sale.
previously assessed are outdated and need to be adjusted to include current interest, real
estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff
has been obligated to pay under the Mortgage in order to protect its interest. It is also
appropriate to give Defendant(s) credit for monthly payments tendered through bankruptcy,
if any.
II. INTEREST
The Mortgage clearly requires that the Defendant(s) shall promptly pay when due the
principal and interest due on the outstanding debt. In addition, the Note executed by
Defendant(s) specifies the rate of interest to be charged until the debt is paid in full or
otherwise satisfied. The provisions of the Mortgage and Note, which require the payment of
interest and the interest rate are highlighted for the Court's reference. In addition, the
proposed Order attached to this Motion specifies the dates from which interest is to be
charged. Specifically, interest from 30 days prior to the date of default through the date of
the impending sheriff's sale has been requested.
III. Taxes and Insurance
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a
tax sale, Plaintiff's interest very well may be divested, and Plaintiff would sustain a complete
loss on the outstanding balance due on the loan. If the property were damaged in a fire,
Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not
pay the insurance premium.
Most importantly, the Mortgage specifically provides that the mortgagee may
advance the monies for taxes and insurance and charge these payments against the
escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the
Mortgage.
IV. Attorney's Fees
The amount of attorney's fees requested in the Petition to Amend Judgment is in
accordance with the loan documents and Pennsylvania law. Pennsylvania courts have long
and repeatedly concluded that a request of five percent of the outstanding principal balance
is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865);
First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d
751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover
attorney's fees in the instant action is highlighted for the court's reference.
In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an
attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410
A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an
attorney's fee of ten percent included in the judgment in mortgage foreclosure action was
reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995).
Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's
fees and costs as it deems reasonable.
V. Legal Argument to Amend Plaintiffs In Rem Judgment
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20
P.L.E., Judgments §191. See also, Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d
319, 321 (1958); Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d
22, 24 (Pa.Super. 1988).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat.
Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to
change and, in fact, can be expected to changed from day to day because the bank must
advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished
until the debt is paid, Plaintiff must protects its collateral up until the date of sale. See
Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in
mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts
expended by the Plaintiff in protecting the property. See Meco Realty Company v. Burns,
414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if Plaintiff goes to sale without the
requested amended judgment, and if there is competitive bidding for the Property, Plaintiff
will suffer a significant loss in that it would not be able to recoup monies it advanced to
protects its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendant as it imputes no personal liability.
In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing
rule that a Court has the inherent power to correct a judgment to conform to the facts of a
case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the
original judgment does not adequately reflect the additional sums due on the Mortgage due
to Defendant's failure to tender payments during the foreclosure proceeding and the
advances made by the mortgage company. The Mortgage plainly requires the mortgagors
to tender to the mortgagee monthly payments of principal and interest until the Promissory
Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to
the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance
premiums, taxes and other assessments relating to the Property. The mortgagor has
breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust
financial losses on this loan.
VI. Conlusion
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums
provided for by the Mortgage, then the expenses necessarily become part of the
mortgagee's lien and should be included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Petition to Amend
Judgment. Plaintiff submits that it has acted in good faith in maintaining the Property in
accordance with the Mortgage, and has relied on terms of the Mortgage with the
understanding that it would recover the monies it expended to protect its collateral.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as set forth in the Petition to Amend Judgment.
WELTMA EINBERG & REIS CO., L.P.A.
By:?
Patricia L. Blais, Esquire
Attorney for Plaintiff
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMorgan Chase Bank, N.A.
successor by merger with
Bank One, N.A.
Plaintiff,
V.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant
TO: DEFENDANT:
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT
MAY BE ENTERED AGAINST YOU.
WELTMAN, WEINBERG"R CO., L.P.A
I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS
111 East Wisconsin Avenue
Milwaukee, WI 53202
By: EYS FOR PLAT
AND THE DEFENDANT ARE:
17 Neponsit Lane
Camp Hill, PA 17011
ATTORNEYS FOR PLAfNT1FI
WELTMAN, WEINBERG & EIS CO. L.P.A.
BY: -?'
I HEREBY CERTIFY THAT THE LOCATION OF THE REAL
ESTATE AFFECTED BY THIS LIEN IS:
17 Neponsit Lane
Camp Hill, PA 17011
Lower Allen Township
WELTMAN, WEINBERG & REIS CO., L.P.A.
ATTORNEYS FOR PLAINT[
BY: 1/4-Y
NO. 06-3545 Civil Term
ISSUE NO.:
CODE:
TYPE OF PLEADING: _ _AMENDED
COMPLAINT IN MORTGAGE
FORECLOSURE
FILED ON BEHALF OF:
PLAINTIFF
COUNSEL OF RECORD FOR THIS
PARTY:
Samantha T. Estevez, ESQUIRE
Pa. I . D. #89204
WELTMAN, WEINBERG &REIS CO., L.P.A.
325 CHESTNUT STREET
SUITE 1120
PHILADELPHIA, PA 19106
(215) 599-1500
WWR#05234236
EXHIBIT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMorgan Chase Bank, N.A.
successor by merger with
Bank One, N.A.
Plaintiff,
V. NO: 06-3545 Civil Term
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMorgan Chase Bank, N.A.
successor by merger with
Bank One, N.A.
Plaintiff,
V.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
NO: 06-3545 Civil Term
AMENDED
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now, comes Plaintiff, JPMorgan Chase Bank, N.A. successor by merger with Bank
One, N.A., by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files
this Complaint in Mortgage Foreclosure, averring in support thereof the following:
1. The Plaintiff is JPMorgan Chase Bank, N.A. successor by merger with Bank One,
N.A., a lending institution duly authorized to conduct business within the Commonwealth of
Pennsylvania (hereinafter "Plaintiff").
2. The Defendant is Unknown Heirs, Successors, Assigns, and all persons, firms, or
associations claiming right, title, and interest from or under John A. Koveleski, whose last known
address was 17 Neponsit Lane, Camp Hill, PA 17011.
3. On or about November 20, 2003, John A. Koveleski, executed a Promissory Note
in the original principal amount of $75,000.00. A true and correct copy of said Note is marked
Exhibit "A", attached hereto and made a part hereof.
4. On or about November 20, 2003, as security for payment of the aforesaid Note, John
A. Koveleski made, executed and delivered to Plaintiff, a Mortgage in the original principal
amount of $75,000.00 on the premises hereinafter described, said Mortgage being recorded in
the Office of the Recorder of Deeds of CUMBERLAND County on December 2, 2003 in
Mortgage Book Volume 1847, Page 0072. A true and correct copy of said Mortgage containing
a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto
and made a part hereof.
5. John A. Koveleski died on May 24, 2006.
6. John A. Koveleski was the current record and real owner of the aforesaid
mortgaged premises at the time of his death.
7. The aforesaid Note and Mortgage are in default.
8. Demand for payment has been made by Plaintiff, but John A. Koveleski was
unable to pay the principal balance, interest or any other portion thereof to Plaintiff.
9. On or about May 8, 2006, John A. Koveleski was mailed Notice of Homeowner's
Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance
Act, Act 91 of 1983 and pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et
seq. A true and correct copy of the Act letter, is attached hereto made part hereof and marked as
Exhibit "C".
10. The amount due and owing Plaintiff by John A. Koveleski is as follows:
Principal $ 68,644.16
Interest thru June 19, 2006 $ 2,229.92
Late Charge thru June 19, 2006 $ 75.00
Execution Costs thru June 19, 2006 $ 0.00
Attorneys' Fees thru June 19, 2006 $ 1,000.00
Title Search $ 335.00
TOTAL $ 72,284.08
11. Contemporaneously hereunder, John A. Koveleski was advised of his right to
dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices
Act 30 Day Notice, attached hereto marked Exhibit "D" and made a part hereof.
WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of
$72,284.08, with interest thereon at the rate of $12.32 per diem from June 19, 2006, plus costs, in
addition to late charges and for foreclosure and sale of mortgaged premises.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL
BE USED FOR THAT PURPOSE.
WELTMAN, WEINBERG & REIS CO., L.P.A.
amantha"f. '-Esquire
Pa. I.D. #89204
Attorneys for Plaintiff
Weltman, Weinberg & Reis Co., L.P.A.
325 Chestnut Street, Suite 1120
Philadelphia, PA 19106
(215) 599-1500 ext. 81506
WWR #05234236
VERIFICATION PAGE
I, Samantha Tran Estevez, Esquire, attorney for the Plaintiff do hereby swear
and affirm that the averments in the attached Complaint are true and correct to the best
of his/her knowledge, information and belief. These averments are made subject to the
penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
i qJ-1 VI-
Samantha Tran Este z
713-
Date
. •
.1OpLRT P. ZIEGLER
• ?iE00?cDER Or DEEDS
1 "I'DE,.RLAND COUNTY~t'fl,
WHEN RECORDED MAIL TO: 13 0EC 2 RM li. 33
TransUniMSettkmeritSolittians ..Servicing KY2-1606
5300 Brandywine Pkwy
Suite 100 '
Wilmington, DE 19803
SPACE ABOVE THIS LINE IS FOR RECORDE
NOV 2 6 2003, MORTGAGE
THIS MORTGAGE dated November 20, 2003, is made and executed between JOHN A KOVELESKI, A SINGLE
MAN, whose address is 17 NEPONSIT LANE, CAMP HILL, PA 17011 (referred to below as "Grantor") and Bank
One, NA , whose address is 100 East Broad Street, Columbus, OH 43271 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells. conveys, assigns, transfers, releases, confirms and
mortgages to Lender all of Grantor's right, title, and Interest in and to the following described real property, together with all existing or
subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of
way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the
reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or
irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas,
geothermal and similar matters, (the "Real Property") located in CUMBERLAND County, Commonwealth of Pennsyfvanla:
ALL THAT CERTAIN TRACT OR PARCEL OF LAND WITH THE BUILDINGS AND IMPROVEMENTS THEREON
ERECTED, SITUATE IN LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA, MORE
PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, BEGINNING AT A POINT ON THE EASTERLY LINE
OF NEPONSIT LANE WHICH POINT IS ONE HUNDRED EIGHTY (180) FEET NORTH OF THE NORTHEASTERLY
CORNER OF PALMER DRIVE AND NEPONSIT LANE AND AT DIVIDING LINE BETWEEN LOTS NOS 17 AND 18
BLOCK, "G" ON THE HEREINAFTER MENTIONED PLAN OF LOTS' THENCE ALONG THE EASTERLY LINE OF
NEPONSIT LANE IN AN ARC HAVING A RADIUS • OF TWO HUNDRED ELEVEN AND FORTY-FIVE
ONE-HUNDREDTHS (211-45) FEET IN A NORTHERLY DIRECTION SEVENTY (70) FEET TO A POINT AT
DIVIDING LINE OF LOTS NOS 18 AND 19 BLOCK "G" ON SAID PLAN, THENCE ALONG SAID DIVIDING LINE
NORTH SEVENTY-ONE (71) DEGREES, FIFTY-EIGHT (58) MINUTES EAST ONE HUNDRED FIFTY SEVEN AND
SEVENTY ONE ONE HUNDREDTHS (157.71) FEET TO A POINT; THENCE ALONG THE' WESTERLY LINE OF
LOTS NOS 9 AND 10, BLOCK "G" ON SAID PLAN SOUTH EIGHTEEN (18) DEGREES, THIRTY (30), MINUTES
EAST ONE HUNDRED TWENTY-SEVEN AND TWENTY-THREE ONE HUNDREDTHS (127.23) FEET TO A POINT
AT DIVIDING LINE OF LOTS NO 17 AND 18 BLOCK "G" AFORESAID THENCE ALONG SAID DIVIDING LINE
NORTH EIGHTY-NINE (89) DEGREES, FOUR (4) MINUTES WEST ONE HUNDRED EIGHTY (180) FEET TO A
POINT THE PLACE OF BEGINNING.
The Real Property or its address is commonly known as 17 NEPONSIT LANE, CAMP HILL, PA 17011. The Real
Property parcel identification number is 13-25-0022-14-3. The Real Property tax identification number is
13-25-0022-14-3.
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents
from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
THIS MORTGAGE. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS
GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE:NDTE IN
THE DRIGINAL PRINCIPAL AMOUNT OF $75,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND
ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this-Mortgage, Grantor shall pay to Lender all amounts secured by this
Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage.
POSSESSIDN AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by
the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2)
use, operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance
necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of
the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has
been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws,
(b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under,
about or from the Property by any rior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any
EACHIBIT
6K 1847P00072
MORTGAGE Page 2
Loan No: 426400128830 (Continued)
kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither
Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of
or release any Hazardous Substance on, under, about or from the Property; and IN any such activity shall be conducted in compliance
with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor
authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem
appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests -made by Lender shall be
for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other
person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for
Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the
event Grantor- becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender
against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or Indirectly sustain or suffer
resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release
or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the some was or should have been
known to Grantor. The provisions of this section of the Mortgage, Including the obligation to indemnify, shall survive the payment of the
Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any
interest in the Property, whether by foreclosure or otherwise.
Nuisance. Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to
the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other
party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior
written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
consent. As a condition to the removal of any improvements, Lender may require Grantor to make arrangements satisfactory to -Lender to
replace such Improvements with improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend
to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter
in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such
law, ordinance, or regulation and withhold. compliance during any proceeding, including appropriate appeals, so long as Grantor has notified
Lender in writing prior to doing so and so long as, in Lender's sole opinion. Lender's interests in the Property are not jeopardized. Lender
may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those
acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the
Property.
OUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real
Property. A "sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial
or equitable; whether voluntary or Involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed,
leasehold iterest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in
or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this
option shalt not be exercised by Lender if such exercise is prohibited by federal taw or by Pennsylvania law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water
charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for
services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to
the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes
and assessments not due as further specified in the Right to Contest paragraph.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the
obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a. lien arises or is filed as a result of nonpayment,
Grantor shall within fifteen (15) days after the lien arises or, it a lien is filed, within fifteen (151 days after Grantor has notice of the filing,
secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security
satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and permissible fees, or other charges that could accrue
as a result of a foreclosure or sale under the lien. in any contest. Grantor shall defend itself and Lender and shall satisfy any adverse
judgment before enforcement against the Property, Grantor shall name Lender as an additional obligee under any surety bond furnished in
the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against
the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or
any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the
work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor
can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on
a replacement basis for the full insurable value covering all improvements on the Real Property in an amount sufficient to avoid application
of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shall be written by such insurance companies
and in such form as may be reasonably acceptable to Lander. Grantor shall deliver to Lender certificates of coverage from each Insurer
containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (101 days' prior written notice to Lender
and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an
BK i 847P00073
MORTGAGE Page 3
Loan No: 426400128830 (Continued)
endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any
other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as
a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given
by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on
the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by
Lender, and to maintain such insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if
Grantot fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's
election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien
affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor
shall repair or replace the damaged or destroyed improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of
such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default
under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not
committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to
pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the indebtedness. If Lender holds any proceeds
after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear.
LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims
(B) to provide any required insurance on the Property, dr (C) to make repairs to the Property then Lender may do so. If any action or
proceeding is commenced that would materially affect Lender's interests In the Property, then Lender on Grantor's behalf may, but is not
required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for
such purposes will then bear interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by
Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; iB) be added to
the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of
any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable
at the Note's maturity. The Property also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to
any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed
as curing the default so as to bar Lender from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such
expenses shall survive the entry of any mortgage foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens
and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion
issued in favor of, and. accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to
execute and deliver this Mortgage to Lender.
Oefense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against
the lawful claims of all persons. In the event any action or proceeding Is commenced that questions Grantor's title or the interest of Lender
under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but
Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and
Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such
participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,
ordinances, and regulations of governmental authorities.
Survival of Promises. All promises, agreements, and statements Grantor has made in this Mortgage sha(f survive the execution and delivery
of this Mortgage, shall be continuing in nature and shall remain in full force and effect until such time as Grantor's Indebtedness Is paid in
full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take
such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but
Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor
will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to
permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or
purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to
the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all
actual costs, expenses, and attorneys' fees incurred by Lender In connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating, to governmental taxes,
fees and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take
whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for
all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without
limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any
part of the indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from
payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the
holder of the Note; and (4) a specific tax on aft or any portion of the Indebtedness or on payments of principal and interest made by
Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the
same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below
gK 1847 6074
,e
MORTGAGE Page 4
Loan No: 426400128830 (Continued)
unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens
section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of
this Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Lender. Grantor shall execute financing statements and take whatever other action is requested by
Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real
property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or
reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or
continuing this security interest. Upon default, Grantor shall assemble the Personal Property in a manner and at a place reasonably
convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured partyl from which information concerning the security interest
granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this
Mortgage.
FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this
Mortgage:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make,, execute and deliver, or will cause to
be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or
rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages,
deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance,
certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect,
continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security
interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless
prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in
connection with the matters referred to in this paragraph.
Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph. Lender may do so for and in the name of
Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney4n-fact for the
purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole
opinion, to accomplish the matters referred to in the preceding paragraph.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under
this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any
financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by
applicable law, any reasonable termination fee as determined by Lender from time to time.
EVENTS OF DEFAULT. At Lender's option, Grantor will be in default under this Mortgage if any of the following happen:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure. of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or
any other payment necessary to prevent filing of or to effect discharge of any Tien.
Break Other Promises. Grantor breaks any promise made to Lender or Grantor fails to perform promptly at the time and strictly in the
manner provided in this Mortgage or in any agreement related to this Mortgage.
False Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or
the Related Documents is false or misleading in any material respect, either now or at the time made or furnished.
Defective Collateral'rzation. This Mortgage or any of the Related Documents ceases to be in full force and effect (including fallure of any
collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any
assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or
insolvency laws by or against Grantor.
Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Grantor's property in which
Lender has a lien. This includes taking of, garnishing of or levying on Grantor's accounts with Lender.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not
remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other
obligation of Grantor to Lender, whether existing now or hater.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or
disputes the validity of, or liability under, any Guaranty of the Indebtedness.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may
exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided bylaw:
Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the
entire Indebtedness immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
under the Uniform Commercial Code.
Collect Rents. Subject to applicable law Lender shall have the right, without notice to Grantor, to take possession of the Property and
collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the
gK l 847PG0075
MORTGAGE Page 5
Loan No: 426400128830 (Continuedi
. --
Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use
fees dircctly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designatcs Lender as Grantor's attorney-in-fact to
endorse instruments received in payment thereof In the name of Grantor and to negotiate the same and collect the proceeds. Payments by
tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or
not any proper grounds for the demand existed. Lender may exercise Its rights under this subparagraph either in person, by agent, or
through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the
power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the
Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without
bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property
exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property.
Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the
Real Property by non-judicial sale.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all
amounts received from the exercise of the rights provided in this section. .
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the
purchaser of the Property and shall, at Lender's option, either 11) pay a reasonable rental for the use of the Property, or (2) vacate the
Property immediately upon the demand of Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled.
In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by
separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property,
Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time
after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable
law, reasonable notice shall mean notice given at least ten 0W days before the time of the sale or disposition.
Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by
Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of
Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare
Grantor in default and to exercise Lender's remedies.
Expenses. To the extent not prohibited by applicable law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at
any time for the protection of its interest or the enforcement of its rights, shall become a part of the loan payable on demand, and shall
bear interest at the Note rate from the date of expenditure until repaid. Expenses covered by this paragraph include, without limitation,
however subject to any limits under applicable law, Lender's expenses for bankruptcy proceedings (including efforts to modify or vacate the
automatic stay or injunction) and appeals, to the extent permitted by applicable law.
NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall
be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a
nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage
prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien
which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may change
his or her address for notices under this Mortgage by giving formal written notice to the other person or persons, specifying that the purpose of
the notice is to change the person's address. For notice purposes. Grantor agrees to keep Lender informed at all times of Grantor's current
address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed
to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender. Notwithstanding the foregoing,
the address for notice for Lender is: Bank One, P.O. Box 901008, Fort Worth, TX 76101-2008.
IDENTITY OF LENDER. Lender is Bank One, N.A., a national banking association with its main offices located in Columbus, Ohio.
NON-WAIVER. A waiver by any party of a breach of a provision of this Mortgage shall not constitute a waiver of or prejudice the party's right
otherwise to demand strict compliance with that provision or any other provision.
SUPPLEMENT TO PERSONAL PROPERTY DEFINITION. It is the intention of Lender only to take a security interest in and retain a lien on that
personal property considered fixtures under the Uniform Commercial Code as adopted in the jurisdiction where this Mortgage is filed of record as
same may be amended from time to time or such other statute of such jurisdiction that defines property affixed to real estate and no other
personal property.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with Lender concerning the
matters covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be in writing and must be signed by
whoever will be bound or obligated by the change or amendment.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the
provisions of this Mortgage.
Governing Law. This agreement will be governed by and interpreted in accordance with federal law and the laws of the State of
Pennsylvania except for matters related to: (1) interest and the exportation of interest, which will be governed by and interpreted in
accordance with federal law (including, but not limited to, statutes, regulations, interpretations, and opinions) and the laws of the State of
Ohio; and (2) the validity and enforcement of Lender's security interest in the Property, which will be governed by the laws of the State
where the Property is located. However, if there ever is a question about whether any provision of the agreement is valid or enforceable,
the provision that is questioned will be governed by whichever of the governing state or federal laws that would find the provision to be
BKI847PGO076
MORTGAGE Page 6
Loan No: 426400128830 (Continued)
valid and enforceable. The loan transaction which is evidenced by this and other related documents has been approved, made and funded,
and*all necessary documents have been accepted by Lender in the State of Ohio.
No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless Lender does so in
writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree
in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Mortgage.
Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent
again it the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests,
that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for
payment, protest, and notice of dishonor.
Severability. If a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by itself will not mean that
the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even if a
provision of this Mortgage may be found to be invalid or unenforceable.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any
time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives,
successors, and assigns, and shall be enforceable by Lender and its successors and assigns.
Time is of the Essence. Time is of the essence in the performance of this Mortgage.
OEFINITIONS. The following words shall have the following meanings when used in this Mortgage:
Borrower. The word 'Borrower' means JOHN A KOVELESKI, and all other persons and entities signing the Note.
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ('CERCLA"I, the Superfund Amendments and
Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.,
the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or
regulations adopted pursuant thereto.
Event of Oefauh. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default
section of this Mortgage.
Grantor. The word 'Grantor" means JOHN A KOVELESKI.
Guaranty. The word "Guaranty' means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when
improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous
Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or
waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances` also includes, without limitation, petroleum
and petroleum by-products or any fraction thereof and asbestos.
Improvements. The word "Improvements' means all existing and future improvements, buildings, structures, mobile homes affixed on the
Real Property, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or
Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or
Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to
enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage.
Lender. The word "Lender" means Bank One, NA , its successors and assigns. The words "successors or assigns" mean any person or
company that acquires any interest in the Note.
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender.
Note. The word "Note" means the promissory note dated November 20, 2003, in the original principal amount of $75,000.00
from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions
for the promissory note or agreement. The maturity date of this Mortgage is November 20, 2018.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
replacements of, and all substitutions for, any of such property; and together with all proceeds {including without limitation all insurance
proceeds and refunds of premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage.
Related Oocuments. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from
the Property.
Di11847PGO017
MORTGAGE
Loan No: 426400128830 (Continued)
Page 7
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT
OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
X / (Seat)
JO OVEL KI, Individually
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, Bank One, NA , herein is as follows:
National Direct Equity (NDE), 100 East Broad Street, Columbus, OH 43271
Anwey or Apent ortpepee
ALISON B. CALISE, BANK OFFICER
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
) SS
COUNTY"OF (/,(?( J
On this, the day of 20 ?, before me (`? r(it
the undersigned Notary Public, personally appeared JOHN A KOVELESKI, known to me for satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for•the
purposes therein contained.
In witness whereof, I hereunto set my hand and official seat.
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PROMISSORY NOTE
I
Principal Amount: $75,000.00 Interest Rate: 6.550% Date of Note: November 20, 2003
PROMISE TO PAY. i ('Borrower') promise to pay to Bank One, NA ("Lender'), or order, in lawful money of the United States of America, the
principal amount of Seventy-five Thousand 6 001100 Dollars (675,000.00), together with Interval at the mite of 6.550% per annum on the
unpaid principal balance from November 25, 2003, until paid in full.
PAYMENT. I will pay this ban In 160 payments of $654.75 each payment. My first payment is due December 20. 2003, and all subsequent
payments are due on the some day of each month after that. My final psymew wig be due on November 20, 2018, and will be for alt principal
and at accrued Interest not yet paid. Payments Include principal and Interest. Unless otherwise agreed or required by applicable law, payments
will be applied fast to accrued unpaid Interest than to principal, and any remaining amount to any unpaid collection costs and late charges.
Interest on this Note Is computed on a 36SM65 simple Interest basis: that Is, by applying the retie of the annual Interest rate over the number of
days in a yew 1366 during loop yearsi, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal
balance is outstanding. I will pay Lander at Lender's address shown above or at such other place and such manner as Lender may designate in
wrhkv.
PREPAYMENT. Upon prepayment of this Note, Lender is entitled to the following prepayment fee: N you pay off your ban in full within thirty
130) months of the date you dose your ban, you will haw to pay a Prepayment Fee of 1% of the orlgleal loan amount or $500.00 whleMver Is
Ion. Except for the foregoing, I may pay at or, a portion of the amount owed varier than it Is due, Early payments will be applied first as noted
above in the Payment paragraph and then to my next accruing paymentis). Partial payment of any regular payment will not relieve me of my
obligation to make the remainder of the partial payment when due. Depending on my payment history, early payments may reduce the principal
balance due and may result in my making fewer payments. I agree not to send Lander payments marked 'paid In full', 'without recourse', or
similar language. If I sand such a payment, Lender may accept it without losing any of Lender's rights under this Note, and I will remain
obligated to pay any further amount owed to Lender. AN written communications concerning disputed amounts, Including any check or other
payment instrument that indicates that the payment constitutes 'payment in full' of the amount owed or that is tendered with other conditions
or limitations or as fug satisfaction of a disputed amount must be matted or delivered to: Bank One, P.O. Box 901008 Fort Worth, TX
76101.2008.
LATE CHARGE If a payment is 15 days or more late 1 will be charged $25.00.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note wit bear Interest from
the date of acceleration or maturity at the interest rate on this Note. The interest rate wig not exceed the maximum rate permitted by applicable
law.
DEFAULT. 1 will be in default under this Note if any of the following happen:
Payment Default I fail to make any payment when due under this Note.
Break Other Promises. I break any promise made to Lender or I fall to perform promptly at the time and strictly in the manner provided In
this Note or in any agreement related to this Note, or in any other agreement or ban I have with Lander,
Fates Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related
documents Is false or misleading in any material respect, either now or at the time made or furnished.
Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any pan of my property: I make an assignment
for the benefit of creditors: or any proceeding is commenced either by me or against me under any bankruptcy or Insolvency laws.
Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender
has a Sen. This includes taking of, garnishing of or levying on my accounts with Lender.
Defective Co@atera@zatbn, This Note or any of the related documents ceases to be In full force and effect f including failure of any collateral
document to create a valid and perfected security interest or roc) at any time and for any reason.
Collateral Damage or Lost. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft,
substantial damage or destruction is not covered by insurance.
Property Damage or Loss. The Property is lost stolen, substantially damaged, sold, or borrowed against.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
of any of the indebtedness or any guarantor, endorser, surety, or accommodation party fires or becomes Incompetent, or revokes or
disputes the validity of, or iabrigly under, any guaranty of the Indebtedness evidenced by this Note,
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable low, declare the entire unpaid principal
balance on this Note and all accrued unpaid Interest immediately due. and then l will pay that amount
EXPENSES. To the extent not prohibited by applicable taw, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any
time for the protection of its interest or the enforcement of its rights, shag become a part of the ban payable on demand, and shag beer interest
at the Note rate from the date of expenditure until repaid. Expenses covered by this paragraph include, without imitation, however subject to
any limits under applicable low, Lender's expenses for bankruptcy proceedings (including efforts to modify or vacate the automatic stay or
! injunction) and appeals, to the extent permitted by applicable law.
GOVERNING LAW. This agreement wig be governed by and interpreted in accordance with federal law and the laws of the State of
Pennsylvania, except for matters related to Interest and the exportation of interest, which matters will be governed by and interpreted in
accordance with federal law fmcluding. but not limited to, statutes, regulations. Interpretations, and opinions) and laws of the State of Ohio.
However, if there ever is a question about whether any provision of the agreement is valid or enforceable, the provision that Is questioned will
be governed by whichever state or federal law would find the provision to be valid and enforceable. The loan transaction which is evidenced by
this and other related documents has been approved, made and funded, and all necessary documents have been accepted by Lander in the State
of Ohio.
DISHONORED rrEM FEE. I wit pay a fee to Lender of $25.00 if I make a payment on my loan and the check or preauthorized charge with which
1 pay Is later dishonored.
COLLATERAL I acknowledge this Note is secured by a Mortgage dated November 20. 2003, to Lender on real property located in
CUMBERLAND County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this
Mote.
COLLECTION COSTS. If you are in defauh under the terms of this Agreement we may take all lawful action under applicable law to collect the
money you owe us. It is our intent to collect only those attorney's fast. and those expenses, court and collection costs permitted by the laws
of your state and the United States (including the bankruptcy laws of the United States). You agree to pay only those collection costs and
attorney's fees that we actually incur and that we may lawfully collect from you. If the'lows of your state Will not let us collect all or some of
these collection costs and attorney's fees from you, we will not do so. To the extent the laws of your state prohibit us from contracting with
you to collect such fees or costs or prohibit us from including this provision in your agreement with us, this provision is severed from this
Agreement, is of no force and effect and your contract will be read and Interpreted without this provision except to the extent federal law may
now or hereafter preempt the law of your state.
DEPOSIT ACCOUNTS. As collateral security for repayment of thi a wale and extensions. 1 grand Lender s continuing security
interest in, and hereby assign convey, de@ver, pledge and transfer and interest in and to any and at funds that I may
now and in the future have on deposit with Lender and '. ther ration. This includes at accounts 1 hold jointly with
someone else and certificates of deposit. It does not Include IRA, pension, en J ration. deposits, or any accounts in which 1 am
acting in a fiduciary capacity for a person or entity other than myself, or I which the grant of a security interest would be prohibited by
applicable law. I further agree that Lender may at any time, to the extern rmi lid by applicable law, apply any funds that I may have on
Borrower: JOHN A KOVELESKI Lender: Bank One, NA
17 NEPONSIT LANE National Direct Equity INOE)
CAMP HILL, PA 17011 100 Fist Broad Street
Columbus, ON 43271
,a,
PROMISSORY NOTE Page 2
Loan Not 426400128830 (Condnued)
deposit with Lander or any Bank One Corporation affiliate against the unpaid balance of this Note, including principal, interest, fees, costs,
expenses and attorney's fees.
IDENTITY DF LENDER. Lender is Bank One, N.A., a national banking association with its main offices located in Columbus, Ohio.
INFORMATION SHARING. The Bank One Consumer Privacy Policy, which has been provided to,you describes our Information sharing practices
and gives directions on how to opt out, or direct us to limit the sharing of personal information las defined in the Privacy Policy) about you with
other companies or organizations. You hereby agree that, if you choose not to exercise the opt outs described In the Privacy Policy, you will be
deemed to have authorized us to share any Personal Information about you (including information related to any of the products or services you
may have with any Bank One company) with other companies or other organizations.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate
information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaceuracylies) should be sent to
us at the following address: Bank One P.D. Box 901008 Fort Worth , TX 76101.2008
GENERAL PROVISIONS. 1 do not agree or intend to pay, and Lender does not agree or intend to contract for, charge, collect, take, reserve or
receive Icollectively referred to herein as 'charge or collect'), any amount in the nature of interest or in the nature of a fee for this loan, which
would In any way or event linciuding demand, prepayment. or acceleration) cause Lander to charge or collect more for this ban than the
maximum Lander would be permitted to charge or collect by federal law or the low of the State of Ohio las applicable). Any such excess
i interest or unauthorized fee shall, instead of anything stated to the contrary, be applied first to reduce the principal balance of this loan, and
when the principal has been paid in fug, be refunded to me. Lender may delay or forgo enforcing any of its rights or remedies under this Note
without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment,
demand for payment and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no
party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shelf be released from liability. AN such parties
agree that Lander may renew or extend fropeatedy and for any length of time) this ban or release any party or guarantor or collateral; or impair,
fail to realize upon or perfect Lender's security interest in the collateral. AN such parties also agree that Lander may modify this loan without the
consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several.
This means that the words 'I', 'me', and 'my' mean each and all of the persons signing below.
PRIOR TO SIGNING THIS NOTE. I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. 1 AGREE TO THE TERMS OF THE NOTE.
1 ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
/BOOR'RRSOWER,
/ x 'Seat)
?/ JOH A KOVELESKI, viduagy
? Y+t.Iro W1. Y.. {.,M,6Y fywLV r..ri„Lwrr1. IM.lmf. MI,I,urll,?,a .low RMMW?pMK?t„?AYL.R f?i,@,W 1F[C„il,V
HAIK ONE,
DISCLOSURE STATEMENT
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "• • has been omitted due to text length limitations. J
Borrower: JOHN A KOVELESKI Lender: Bank One, NA
17 NEPONSIT LANE National Direct Equity (NOE)
CAMP HILL, PA 17011 100 East Broad Street
Columbus, OH 43271
ANNUAL PERCENTAGE
RATE
The cost of my credit as a
yearly rate.
6.549%
FINANCE CHARGE
The dollar amount the credit
WIN cost me.
$42,855.00
Amount Financed
The amount of credit
provided to me or on my
behalf.
$75,000.00
Total of Payments
The amount 1 will have paid
after I have made all
payments as scheduled.
$117,855.00
PAYMENT SCHEDULE. My payment schedule will be 180 monthly payments of $654.75 each, beginning December 20, 2003.
PROPERTY INSURANCE. I may obtain property insurance from anyone I want that is acceptable to Lender.
SECURITY. I am giving a security interest in MY HOME.
LATE CHARGE. If a payment is 15 days or more late I will be charged $25.00.
PREPAYMENT. If I pay off early, I may have to pay a penalty.
I will look at my contract documents for any additional information about nonpayment, default, any required repayment in full before the
scheduled date, and prepayment refunds and penalties.
1 read and was given a completed copy of this Disclosure Statement on November 20, 2003, prior to signing the Note.
BORROWER:
X4JOKOVELESKKKII, (Seal?
divkfually
Amount Financed Itemization
Amount paid to me directly: $75,000.00
$75,000.00 Lender's Check # TO BORROWWER
Note Principal: $75,000.00
Prepaid Finance Charges: $0.00
In Cash: WOO
Amount Financed: 575,000.00
?-
ULE11 M10 LMJbO• W. LIL,O.Of CM. NdrM fer,Y iaYllrt bL Ip), JOt0. Y V4hs Mr.M. •!AlAN MICFIOI1L?pr10001N1?1RM10JC /11442000 r"0-9C'A
CERTIFICATE OF SERVICE
The undersigned hereby certifies that true and correct copies of the within Plaintiff's Petition
to Amend Judgmen and Reassess Sheriff Distribution were mailed to the following on this
day of , 2007 by first class, U.S. Mail, postage pre-paid:
Sheriff of Cumberland County
Courthouse
One Courthouse Square
Carlisle, PA 17013
Unknown heirs, successors, assigns, and
all persons, firms, or associations
claiming right, title, and interest from
or under John A. Koveleski
17 Neponsit Lane
Camp Hill, PA 17011
Respectfully Submitted:
WELTMAN, WEINBERG & REIS CO., L.P.A.
Patricia L. Blais, Esquire
Pa. I.D. #56648
Attorneys for Plaintiff
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities, she is an attorney for the Plaintiff herein; makes this
Verification based upon the facts as supplied to her by the Plaintiff and/or its agents and because
the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained
within the time allowed for filing of this Plaintiffs Petition to Amend Judgment and Reassess
Sheriff Distribution, and that the facts set forth in the foregoing Plaintiffs Petition to Amend
Judgment and Reassess Sheriff Distribution are true and correct to the best of her knowledge,
information and belief.
Patricia L. Blais, Esquire
Attorney for Plaintiff
c ?? a
,
Y
CX) Y?
tN
sue?
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff s Deed in which Daniel Sabolchick is the grantee the same having been sold to said grantee
on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the 21 st day of
Dec, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number
3545, at the suit of JP Morgan Chase Bank against John A Koveleski is duly recorded in Deed Book
No. 281, Page 482.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this ; !? day of
A.D. A 00
G
Recorder of Deeds
Rwordw d Deady, Cu ftft d Courtly, Ck b, PA
My Conrnie m E*Ws the FW Monday d Jan.2M0
JP Morgan Chase Bank, N.A., successor by, In The Court of Common Pleas of
Merger with Bank One, N.A. Cumberland County, Pennsylvania
VS Writ No. 2006-3545 Civil Term
Unknown Heirs, Successors, Assigns, and all
Persons, Firms, or Associations Claiming Right,
Title, and Interest from or under John A. Koveleski
Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on
March 15, 2007 at 1240 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendant to wit: Unknown Heirs,
Successors, Assigns, and all Persons, Firms, or Associations Claiming Right, Title, and Interest
from or under John A. Koveleski, by posting the premises located at 17 Neponsit Lane, Camp Hill
Cumberland County, Pennsylvania, pursuant to order of court, with the said true and correct copy of
the same.
William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 03,
2007 at 1122 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Unknown Heirs, Successors, Assigns,
and all Persons, Firms, or Associations Claiming Right, Title, and Interest from or under John A.
Koveleski, at 17 Neponsit Lane, Camp Hill, Cumberland County, Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the within named defendant, to wit: Unknown
Heirs, Successors, Assigns, and all Persons, Firms, or Associations Claiming Right, Title, and
Interest from or under John A. Koveleski, by regular mail to his last known address of 17 Neponsit
Lane, Camp Hill, PA 17011. This letter was mailed under the date of April 04, 2007 and never
returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and
legal notice had been given according to law, he exposed the within described premises at public
venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 13, 2007 at
10:00 o'clock A.M. He sold the same for the sum of $110,000.00 to Daniel Sabolchick. It being the
highest bid and best price received for the same, Daniel Sabolchick of 122 East Keller Street,
Mechanicsburg, PA 17055, being the buyer in this execution, paid to Sheriff R. Thomas Kline the
sum of $115,439.76.
Sheriffs Costs:
Docketing $30.00
Poundage 2,200.00
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 26.88
Levy 15.00
Surcharge 20.00
Law Journal 383.00
Patriot News 381.95
Share of Bills 16.17
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
$3,227.00
So Answers:
R. Thomas Kline, Sheriff
BY?
Real Estate rgeant
? rib v" 7 (;,
q7-0 01-1 PAk
I,
C'O
W a
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A., successor
by merger with BANK ONE, N.A.,
Plaintiff, NO: 06-3545 CIVIL TERM
vs.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
"TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ALLEGHENY )
JPMorgan Chase Bank, N.A., et. al., Plaintiff in the above action, sets forth as of the date of the
Praecipe for the Writ of Execution was filed the following information concerning the real property of
Unknown heirs, successors, assigns, and all persons, firms, or associations claiming right, title, and
interest from or under John A. Koveleski, located at 17 Neponsit Lane, Camp Hill, PA 17011 and is more
fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND
INTEREST FROM OR UNDER JOHN A. KOVELESKI OF, IN AND TO:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE LOWER ALLEN
TOWNSHIP, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING
ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 17 NEPONSIT LANE, CAMP
HILL, PA 17011. DEED BOOK VOLUME 33, PAGE 253, PARCEL NUMBER 13-25-0022-143.
1. The name and address of the owners or reputed owners:
Unknown heirs, successors, assigns, and all
persons, firms, or associations claiming right,
title, and interest from or under John A. Koveleski
2. The name and address of the Defendants in the judgment:
Unknown heirs, successors, assigns, and all
persons, firms, or associations claiming right,
title, and interest from or under John A. Koveleski
17 Neponsit Lane
Camp Hill, PA 17011
17 Neponsit Lane
Camp Hill, PA 17011
3. The name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
4.
5.
6.
7.
JPMorgan Chase Bank, N.A., et. al. (Plaintiff)
Tax Claim Bureau One Courthouse Square
Carlisle, PA 17013
The name and address of the last record holder of every mortgage of record:
JPMorgan Chase Bank, N.A., et. al.
(Plaintiff)
The name and address of every other person who has any record lien on the property:
NONE
The name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NONE
The name and address of every other person whom the Plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Inheritance Tax Bureau
Domestic Relations
One Courthouse Square
Carlisle, PA 17013
13 North Hanover Street
Carlisle, PA 17013
The information provided in the foregoing Affidavit is provided solely to comply with the
Pennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive abstract of the
condition of the title of the real estate which is being sold under this execution. No person or entity is
entitled to rely on any statements made herein in regard to the condition of the title of the property or to
rely on any statement herein in formulating bids which might be made at the sale of the property.
I verify that the statements made in the Affidavit are true and correct to the best of my personal
knowledge, information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
Patricia L. Blais, Esquire
Attorneys for Plaintiff
Sworn to and subscribed before me
thi day o 2006.
1
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No ry Public
WMMONWMTN OF
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MeK J. K*, 0IXY (butzty
Cox pf Pittsbu g - e9 Y
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Qo sovaniaASSOCIdtiv;: ;4at?Y?
Membr•
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A., successor
by merger with BANK ONE, N.A.,
Plaintiff, NO: 06-3545 CIVIL TERM
vs.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Unknown heirs, successors, assigns, and
all persons, firms, or associations
claiming right, title, and interest from
or under John A. Koveleski
17 Neponsit Lane
Camp Hill, PA 17011
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common
Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will be
exposed to Public Sale in the
2nd Floor
Cumberland County Courthouse
Commissioners Hearing Room
Carlisle, PA
on June 13, 2007 at 10:00 A.M., the following described real estate, of which Unknown heirs, successors,
assigns, and all persons, firms, or associations claiming right, title, and interest from or under John A.
Koveleski are the owners or reputed owners:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND
INTEREST FROM OR UNDER JOHN A. KOVELESKI OF, IN AND TO:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE LOWER ALLEN
TOWNSHIP, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING
ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 17 NEPONSIT LANE, CAMP
HILL, PA 17011. DEED BOOK VOLUME 33, PAGE 253, PARCEL NUMBER 13-25-0022-143.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of
JPMorgan Chase Bank, N.A., et. al.,
Plaintiff,
vs
Unknown heirs, successors, assigns, and
all persons, firms, or associations claiming
right, title, and interest from or under
John A. Koveleski,
Defendant.
at Execution Number 06-3545 CIVIL TERM in the amount of $ 76,915.72, with appropriate continuing
interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution.
Claims against the property must be filed with the Sheriff before the above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days
from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the
Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the
Sheriff.
The Writ of Execution has been issued because there is a judgment against you. It may cause your
property to be held or taken to pay the judgment. You may have legal rights to prevent your property
from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your
rights, you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL ADVICE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to
exercise those rights, prompt action on your part is necessary.
You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a
petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or objection
within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend,
you may have the right to have the judgment opened if you promptly file a petition with the court alleging
a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened,
the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a
valid claim to foreclose the mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20)
days after service or in certain other events. To exercise this right you would have to file a petition to
strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the Sheriff's
Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or
equitable right.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE
PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN
THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH
THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO
THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE
THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF
DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Patricia L. Blais, Esquire
Attorneys for Plaintiff
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A., successor
by merger with BANK ONE, N.A.,
Plaintiff, NO: 06-3545 CIVIL TERM
vs.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
LONG FORM DESCRIPTION
ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon
erected, situate in Lower Allen Township, Cumberland County, Pennsylvania. More particularly bounded
and described as follows:
BEGINNING at a point on the Easterly line of Neponsit Lane which point is one hundred eighty
(180) feet north of the northeasterly corner of Palmer Drive and Neponsit Lane and at dividing line
between lot Nos. 17 and 18 Block "G" on the hereinafter mentioned plan of lots; thence along the easterly
line of Neponsit Lane in an arc having a radius of two hundred eleven and forty-five one-hundredths
(211.45) feet in a northerly direction seventy (70) feet to a point at dividing line of lot Nos 18 and 19
Block "G" on said plan. Thence along said dividing line north seventy-one (71) degrees, fifty-eight (58)
minutes east one hundred fifty-seven and seventy-one one-hundredths (157.71) feet to a point; thence
along the westerly line of lot Nos. 8 and 10, Block "G" on said plan south eighteen (18) degrees, thirty
(30) minutes East one hundred twenty-seven and twenty-three one hundredths (127.23) feet to a point at
dividing line of lot Nos 17 and 18 Block "G" aforesaid thence along said dividing line north eighty-nine
(89) degrees, four (4) minutes west one hundred eighty (180) feet to a point the place of beginning.
BEING the same premises which Mark E. Engerer and Joyce A. Engerer, by Deed dated John A.
Koveleski and recorded in Cumberland County on August 26, 1988 at Deed Book Volume 33, Page 253
granted and conveyed to John A. Koveleski.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Patricia L. Blais, Esquire
Attorney for Plaintiff
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
Parcel No: 13-25-0022-143
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A., successor
by merger with BANK ONE, N.A.,
Plaintiff, NO: 06-3545 CIVIL TERM
Vs.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Defendant.
LONG FORM DESCRIPTION
ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon
erected, situate in Lower Allen Township, Cumberland County, Pennsylvania. More particularly bounded
and described as follows:
BEGINNING at a point on the Easterly line of Neponsit Lane which point is one hundred eighty
(180) feet north of the northeasterly corner of Palmer Drive and Neponsit Lane and at dividing line
between lot Nos. 17 and 18 Block "G" on the hereinafter mentioned plan of lots; thence along the easterly
line of Neponsit Lane in an arc having a radius of two hundred eleven and forty-five one-hundredths
(211.45) feet in a northerly direction seventy (70) feet to a point at dividing line of lot Nos 18 and 19
Block "G" on said plan. Thence along said dividing line north seventy-one (71) degrees, fifty-eight (58)
minutes east one hundred fifty-seven and seventy-one one-hundredths (157.71) feet to a point; thence
along the westerly line of lot Nos. 8 and 10, Block "G" on said plan south eighteen (18) degrees, thirty
(30) minutes East one hundred twenty-seven and twenty-three one hundredths (127.23) feet to a point at
dividing line of lot Nos 17 and 18 Block "G" aforesaid thence along said dividing line north eighty-nine
(89) degrees, four (4) minutes west one hundred eighty (180) feet to a point the place of beginning.
BEING the same premises which Mark E. Engerer and Joyce A. Engerer, by Deed dated John A.
Koveleski and recorded in Cumberland County on August 26, 1988 at Deed Book Volume 33, Page 253
granted and conveyed to John A. Koveleski.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Patricia L. Blais, Esquire
Attorney for Plaintiff
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
Parcel No: 13-25-0022-143
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 06-3545 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, N.A., BY MERGER
WITH BANK ONE, N.A., Plaintiff (s)
From UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR
ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JOHN A
KOVELESKI
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $74,242.96
L.L. $.50
Interest AT THE RATE OF $12.32 PER DIEM FROM 11/25/06 TO 6/13/07 - $2,476.32
Atty's Comm %
Atty Paid $176.28
$196.44
Plaintiff Paid
Date: DECEMBER 21, 2006
(Seal)
Due Prothy $1.00
Other Costs LATE CHARGES THRU 6/13/07 -
4
Curtis R. Long, Pr notaryBy:
Deputy
REQUESTING PARTY:
Name PATRICIA L. BLAIS, ESQUIRE
Address: 2718 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412-338-7106
Supreme Court ID No. 56648
Real Estate Sale # 73
On March 14, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
Lower Allen Township, Cumberland County, PA
Known and numbered as 17 Neponsit Lane,
Camp Hill, more fully described on Exhibit "A"
filed with this writ and by this reference
N;N
incorporated herein. GW
OW
, t
Date: March 14, 2007 By:
o
Real Estate Sergeant
0 ? :Z d 9Z J30 9001
?' _
AMENDED SCHEDULE" OF DISTRIBUTION
SALE NO. 73
Date Filed: July 13, 2007
Writ No. 2006-3545 Civil Term
JP Morgan Chase Bank, NA, Successor by Merger with Bank One NA
VS
Unknown Heirs, Successors, Assigns, and all Person, Firms, or Associations Claiming Right, Title
and Interest From or Under John A. Koveleski
17 Neponsit Lane
Camp Hill, PA 17011
Sale Date: June 13, 2007
Buyer: Daniel Sabolchick
Bid Price: $110,000.00
Real Debt: $72,242.96
Interest: 2,476.32
Attorney Writ Costs: 176.28
Misc. Costs 196.44
Total: $75,092.00
DISTRIBUTION:
Receipts:
Cash on account (03/13/2007): $ 1,500.00
Cash on account (06/13/2007): 11,000.00
Cash on account (06/28/2007): 100,000.00
Cash on account (06/28/2007): 4,439.76
Total Receipts: $116,939.76
Disbursements:
Sheriffs Costs
Legal Search
Transfer Tax, Local
Transfer Tax, State
Cumberland County Tax Claim Bureau
Bonnie K. Miller, Tax Collector
Lower Allen Township (refuse)
Lower Allen Township Authority (sewer)
Attorney Patricia L. Blais
JP Morgan Chase Bank, NA
Unknown Heirs, Successors, Assigns,
and all Person, Firms, or Associations
Claiming Right, Title and Interest From
or Under John A. Koveleski
Total Disbursements:
Balance for distribution:
So Answers:
$3,227.00
200.00
1,519.88
1,519.88
2,062.53
1,885.14
14.26
32.00
1,000.00
75,092.00
30,387.07
($1169,939.76)
0.00
R. Thomas Kline
Sheriff
SCHEDULE OF DISTRIBUTION
SALE NO. 73
Date Filed: July 13, 2007
Writ No. 2006-3545 Civil Term
JP Morgan Chase Bank, NA, Successor by Merger with Bank One NA
VS
Unknown Heirs, Successors, Assigns, and all Person, Firms, or Associations Claiming Right, Title
and Interest From or Under John A. Koveleski
17 Neponsit Lane
Camp Hill, PA 17011
Sale Date: June 13, 2007
Buyer: Daniel Sabolchick
Bid Price: $110,000.00
Real Debt: $72,242.96
Interest: 2,476.32
Attorney Wri t Costs: 176.28
Misc. Costs 196.44
Total: $75,092.00
DISTRIBUTION:
Receipts:
Cash on account (03/13/2007): $ 1,500.00
Cash on account (06/13/2007): 11,000.00
Cash on account (06/28/2007): 100,000.00
Cash on account (06/28/2007): 4,439.76
Total Receipts: $116,939.76
Disbursements:
Sheriff s Costs $3,227.00
Legal Search 200.00
Transfer Tax, Local 1,519.88
Transfer Tax, State 1,519.88
Cumberland County Tax Claim Bureau 2,062.53
Bonnie K. Miller, Tax Collector 1,885.14
Lower Allen Township (refuse) 14.26
Lower Allen Township Authority (sewer) 32.00
Attorney Patricia L. Blais 1,500.00
JP Morgan Chase Bank, NA 75,092.00
Unknown Heirs, Successors, Assigns, 29,887.07
and all Person, Firms, or Associations
Claiming Right, Title and Interest From
or Under John A. Koveleski
Total Disbursements: ($116,939.76)
Balance for distribution: 0.00
So Answers:
R. Thomas Kline
Sheriff
.. V
SNELBAKER & BRENNEMAN, P. C.
ATTORNEY AT LAW
44 W. Main Street
Mechanicsburg, PA 17055
TITLE REPORT
TO: Sheriff of Cumberland County
RE: Sheriffs Sale No. 73, held June 13, 2007
EFFECTIVE DATE: June 18, 2007
PREMISES: 17 Neponsit Lane, Camp Hill, Pennsylvania (the "Premises"), tax parcel
No. 13-25-0022-143.
RECITAL: Being the samF premises which Mark E. Engerer and Joyce A. Engerer, husband
and wife, by their Deed dated August 26, 1988 and recorded September 9, 1988 in
the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania
in Deed Book "O", Volume 33, Page 253, granted and conveyed unto John A.
Kovelski, single man.
The Premises identified above and as more fully described in the legal description
attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items
and exceptions. All recording and docket locations identified are in the Office of the Recorder of
Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County.
EXCEPTIONS:
1. Claims and charges for improvements and repairs to the Premises or delivery of materials
thereto for which payment has not been made.
2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments.
3. The rights or claims of any tenants or other parties in possession.
4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of
1997, as amended.
5. Any environmental liens or claims filed or on record in the Federal District Court.
6. Payment of state and local real estate transfer tax, if applicable.
7. Any secured transactions with respect to the Premises.
8. The area of the Premises is not certified.
9. Those matters which a view or inspection of the Premises would reveal.
10. The accuracy of the measurements and dimensions of the Premises or the rights or title of
or through any person or persons in possession of same, conflicts with adjoining
property, encroachments, projections or any other matter disclosed by an accurate survey
of the Premises.
11. The right of use as may be determined by any applicable municipal zoning ordinance or
regulation.
12. Any matter not of record at the Court House as of the effective date of this Title Report
and subsequent to the date hereof.
13. Any tax increase based on additional assessment made by reason of new construction or
major improvements.
14. The absence or failure of proper and required notice being given to all owners and
holders of liens and encumbrances intended to be divested by the Sheriffs sale and
procedural defects by any judgment creditor or lienholder executing on the Premises
giving rise to the Sheriffs sale noted above.
15. Identity and legal competency of all parties at any closing or conveyance of the Premises
should be established.
16. Access to the Premises by public road or street is not certified.
17. Suitability or existence of sewer and water facilities on or available to the Premises is not
certified.
18. Real Estate taxes on the Premises due and payable but not turned over for collection to
the Tax Claim Bureau.
19. All real Estate taxes on the Premises assessed but not billed, including, but not limited to,
those Real Estate taxes accruing on and after July 1, 2007.
20. Mortgage in the amount of $75,000.00 from John A. Kovelski to Bank One, N.A. dated
November 20, 2003 and recorded December 2, 2003 in Mortgage 1847, Page 72.
21. Judgment against John A. Kovelski in favor of J. P. Morgan Chase Bank, N.A. in the
amount of $74,242.96 entered November 29, 2006 to No. 2006-03545.
22. Amounts due Tax Claim Bureau for delinquent taxes in the amount of $2,049.28 plus
possible additional interest.
23. Declaration recorded in Misc. Book 140, Page 7.
24. All building setback lines, easements, notes, conditions and all matters appearing in Plan
Book 7, Page 41, Plan of Country and Town Homes, Inc.
25. All building setback lines, easements, notes, conditions and all matters appearing in the
unrecorded survey cited in Deed Book "V", Volume 16, Page 89.
26. Drainage easement made reference to in Deed Book "V", Volume 16, Page 89.
27. Rights granted Pennsylvania Power and Light Company and The Bell Telephone
Company of Pennsylvania in Misc. Book 118, Page 329.
28. Rights granted The Bell Telephone Company of Pennsylvania in Misc. Book 119, Page
368 and in Misc. Book 70, Page 225 and Misc. Book 70, Page 226.
29. Rights granted Pennsylvania Power and Light Company in Misc. Book 103, Page 557
and in Misc. Book 109, Page 252.
30. Rights granted the United Electric Company in Misc. Book 55, Page 281.
31. Rights granted Lower Allen Township Authority in Misc. Book 137, Page 331 and Misc.
Book 144, Page 236.
32. Rights granted Sinclair Refining Company in Misc. Book 75, Page 336, assigned to
Allegheny Pipeline Company in Misc. Book 161, Page 4 and assigned to TE Products
Pipeline Company in Misc. Book 377, Page 232.
33. Subject to the rights of others in and to any portion of the Premises adjoining or within
Neponsit Lane.
The undersigned shall not be bound by this Title Report to any person, firm or entity
other than the Sheriff of Cumberland County.
Snelbaker & Brenneman, P. C.
By:
Keith O. Brenneman
-3-
REAL ESTATE SALE NO. 73
Writ No. 2006-3545 Civil
JP Morgan Chase Bank, N.A.
successor by merger with
Bank One, N.A.
VS.
Unknown Heirs, Successors,
Assigns and all persons, firms or
associations claiming right, title
and interest from or under
John A. Koveleski.
Atty.: Patricia Blais
LONG FORM DESCRIPTION
ALL THAT CERTAIN tract or par-
cel of land with the buildings and
improvements thereon erected, situ-
ate in Lower Allen Township,
Cumberland County, Pennsylvania.
More particularly bounded and de-
scribed as follows:
BEGINNING at a point on the
Easterly line of Neponsit Lane which
point is one hundred eighty (180)
feet north of the northeasterly cor-
ner of Palmer Drive and Neponsit
Lane and at dividing line between
lot Nos. 17 and 18 Block "G" on the
hereinafter mentioned plan of lots;
thence along the easterly line of
Neponsit Lane in an arc having a
radius of two hundred eleven and
forty-five one-hundredths (211.45)
feet in a northerly direction seventy
(70) feet to a point at dividing line of
lot Nos. 18 and 19 Block "G" on said
plan. Thence along said dividing line
north seventy-one (71) degrees,
fifty-eight (58) minutes east one
hundred fifty-seven and seventy-one
one-hundredths (157.71) feet to a
point; thence along the westerly line
of lot Nos. 8 and 10, Block "G" on
said plan south eighteen (18) de-
grees, thirty (30) minutes East one
hundred twenty-seven and twenty-
three one hundredths (127.23) feet
to a point at dividing line of lot Nos.
17 and 18 Block "G" aforesaid
thence along said dividing line north
eighty-nine (89) degrees, four (4)
minutes west one hundred eighty
(180) feet to a point the place of
beginning.
BEING the same premises which
Mark E. Engerer and Joyce A.
Engerer, by Deed dated John A.
Koveleski and recorded in Cumber-
land County on August 26, 1988 at
Deed Book Volume 33, Page 253
granted and conveyed to John A.
Koveleski.
Parcel No: 13-25-0022-143.
EXHIBIT A
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 20, 27, May 4, 2007
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
a Marie Coyne, dito
SWORN TO AND SUBS RIBBED before me this
4 day of May, 2007
NOTARIAL SEAL "
LOIS E. SNYDER, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires March 5, 2009
REAL ESTATE SALE NO. 73
Writ No. 2006-3545 Civil
JP Morgan Chase Bank, N.A.
successor by merger with
Bank One. N.A.
Unknown Heirs, Successors,
Assigns and all persons, firms or
associations claiming right, title
and interest from or under
John A. Koveleski.
Atty.: Patricia Blais
LONG FORM DESCRIPTION
ALL THAT CERTAIN tract or par-
cel of land with the buildings and
improvements thereon erected, situ-
ate in Lower Allen Township,
Cumberland County, Pennsylvania.
More particularly bounded and de-
scribed as follows:
BEGINNING at a point on the
Easterly line of Neponsit Lane which
point is one hundred eighty (180)
feet north of the northeasterly cor-
ner of Palmer Drive and Neponsit
Lane and at dividing line between
lot Nos. 17 and 18 Block "G" on the
hereinafter mentioned plan of lots;
thence along the easterly line of
Neponsit Lane in an are having a
radius of two hundred eleven and
forty-five one-hundredths (211.45)
feet in a northerly direction seventy
(70) feet to a point at dividing line of
lot Nos. 18 and 19 Block "G" on said
plan. Thence along said dividing line
north seventy-one (71) degrees,
fifty-eight (58) minutes east one
hundred fifty-seven and seventy-one
one-hundredths (157.71) feet to a
point; thence along the westerly line
of lot Nos. 8 and 10, Block "G" on
said plan south eighteen (18) de-
grees, thirty (30) minutes East one
hundred twenty-seven and twenty-
three one hundredths (127.23) feet
to a point at dividing line of lot Nos.
17 and 18 Block "G" aforesaid
thence along said dividing line north
eighty-nine (89) degrees, four (4)
minutes west one hundred eighty
(180) feet to a point the place of
beginning.
BEING the same premises which
Mark E. Engerer and Joyce A.
Engerer, by Deed dated John A.
Koveleski and recorded in Cumber-
land County on August 26, 1988 at
Deed Book Volume 33, Page 253
granted and conveyed to John A.
Koveleski.
Parcel No: 13-25-0022-143.
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Shannon D. Billhime, being duly sworn according to law, deposes and says:
That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the
2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
SALE#73
c?2 ............ .. . ........ lie . .. .........
Sworn to and subscribed before me this 18th day of May 2007 A.D.
cnMMnNWEAL`(H OF IPENNSYLVANIA_
Notarial Seal
Terry L. Russell, Notary Public
C' Harrisburg, Dauphin County
v/ mmis ' Expires June 6,2010
0 Me er - s ari^ `?.;o(iation of Notaries
NO Y PUBLIC
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
JPMORGAN CHASE BANK, N.A., IN THE COURT OF COMMON PLEAS OF
SUCCESSOR BY MERGER WITH CUMBERLAND COUNTY, PENNSYLVANIA
BANK ONE, N.A.,
PLAINTIFF
V.
UNKNOWN HEIRS,
SUCCESSORS, ASSIGNS, AND
ALL PERSONS, FIRMS, OR
ASSOCIATIONS CLAIMING RIGHT,:
TITLE AND INTEREST FROM
OR UNDER JOHN A. KOVELESKI,
DEFENDANTS NO. 06-3545 CIVIL
ORDER OF COURT
AND NOW, this 14th day of August, 2007, upon consideration of the Plaintiff's Petition to
Amend Judgment and Reassess Sheriff Distribution,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Defendants and the Cumberland County Sheriff to show
cause why the relief requested should not be granted;
2. The Parties will file an answer on or before September 4, 2007;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be
made Absolute. If the Parties file an answer to this Rule to Show Cause, and the answer raises
disputed issues of material fact, an evidentiary hearing will then be scheduled.
4. The Prothonotary is directed to forward said Answer to this Court.
By the Court,
1\1? ?AA\
M. L. Ebert, Jr., J.
Patricia L. Blais, Esquirez<oPe2R.S 90%
Counsel for Plaintiff
Xefendants
./timberland County Sheriff's Dept.
"81S)dl
bas
? 'Pe k ? :,m
NV L015Z
3HI O
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A., successor
by merger with BANK ONE, N.A.,
No. 06-3545 CIVIL
Petitioner,
VS.
MOTION TO MAKE RULE ABSOLUTE
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Respondent.
FILED ON BEHALF OF:
Petitioner
COUNSEL OF RECORD OF
THIS PARTY:
Patricia L. Blais, Esquire
PA ID #56648
2718 Koppers Building
436 7`b Avenue
Pittsburgh, PA 15219
WWR #05234236
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A., successor
by merger with BANK ONE, N.A.,
No. 06-3545 CIVIL
Petitioner,
VS.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Respondent.
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes Petitioner, JPMorgan Chase Bank, N.A., et. al., by and through its counsel, Weltman,
Weinberg & Reis, CO., L.P.A., and files the within Motion To Make Rule Absolute. In support thereof, Petitioner
avers the following:
1. On or about August 14, 2007, Plaintiff filed a Petition to Amend Judgment in the amount of
$82,185.14.
2. On or about August 14, 2007, this Honorable Court issued a Rule to Show Cause why the relief
requested in the Petition should not be granted. A copy of the Rule is attached hereto as Exhibit "I" and made a
part hereof.
3. On or about August 17, 2007, Petitioner served upon Respondent a copy of the Rule to Show
Cause drawing special attention to the Rule Returnable Date.
4. No Response to the Rule Returnable has been received from the Respondent and, as such, all of
the averments in the Petition to Amend Judgment are deemed admitted.
WHEREFORE, Petitioner respectfully requests that this Court enter an Order Making the Rule issued by
this Court Absolute, thereby granting the Petition to Amend Judgment; and that judgment be entered against
Respondent for the amount of $82,185.14.
By:
Respectfully Submitted:
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Patricia L. Blais, Esquire
PA ID #56648
2718 Koppers Building
436 7th Avenue
Pittsburgh, PA 15219
?4)a) 338-710(0
. JPMORGAN CHASE BANK, N.A.,
SUCCESSOR BY MERGER WITH
BANK ONE, N.A.,
PLAINTIFF
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
. 2O
UNKNOWN HEIRS,
SUCCESSORS, ASSIGNS, AND
ALL PERSONS, FIRMS, OR
ASSOCIATIONS CLAIMING RIGHT,:
TITLE AND INTEREST FROM
OR UNDER JOHN A. KOVELESKI,
DEFENDANTS
NO. 06-3545 CIVIL
ORDER OF COURT
AND NOW, this 14'h day of August, 2007, upon consideration of the Plaintiff's Petition to
Amend Judgment and Reassess Sheriff Distribution,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Defendants and the Cumberland County Sheriff to show
cause why the relief requested should not be granted;
2. The Parties will file an answer on or before September 4, 2007;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be
made Absolute. If the Parties file an answer to this Rule to Show Cause, and the answer raises
disputed issues of material fact, an evidentiary hearing will then be scheduled.
4. The Prothonotary is directed to forward said Answer to this Court.
By the Court,
1)4? ?A
M. L. Ebert, Jr., J.
Patricia L. Blais, Esquire
Counsel for Plaintiff
Defendants
Cumberland County Sheriffs Dept.
bas
CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of the within Motion for Rule Absolute was served
on Respondent this day of Y, 2007, by first class, U.S. Mail, postage-prepaid, addressed as
follows:
Sheriff of Cumberland County
Courthouse
One Courthouse Square
Carlisle, PA 17013
Unknown heirs, successors, assigns, and
all persons, firms, or associations
claiming right, title, and interest from
or under John A. Koveleski
17 Neponsit Lane
Camp Hill, PA 17011
Attorney for Petitioner
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A., successor
by merger with BANK ONE, N.A.,
Petitioner,
No. 06-3545 CIVIL
VS.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Respondent.
ORDER OF COURT
AND NOW, to-wit, this day of , 2007, upon consideration of Petitioner's
Motion for Rule Absolute, it is hereby ORDERED, ADJUDGED and DECREED that this Honorable Court's
Rule be made absolute, thereby granting the Petition to Amend Judgment in the above captioned matter in all
respects.
Judgment is amended in favor of Petitioner and against Respondent in the amount of $82,185.14.
BY THE COURT:
J.
i ?•
.
fW.
SEP 2 7 20071y4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A., successor
by merger with BANK ONE, N.A.,
Petitioner,
vs.
UNKNOWN HEIRS, SUCCESSORS,
ASSIGNS, AND ALL PERSONS, FIRMS,
OR ASSOCIATIONS CLAIMING RIGHT,
TITLE AND INTEREST FROM OR UNDER
JOHN A. KOVELESKI,
Respondent.
No. 06-3545 CIVIL
ORDER OF COURT
AV) C 1
AND NOW, to-wit, this IS day of SPj t"U(, 2007, upon consideration of Petitioner's
Motion for Rule Absolute, it is hereby ORDERED, ADJUDGED and DECREED that this Honorable Court's
Rule be made absolute, thereby granting the Petition to Amend Judgment in the above captioned matter in all
respects.
Judgment is amended in favor of Petitioner and against Respondent in the amount of $82,185.14.
BY THE COURT:
:C l-.1cl K J--11
S LODZ
AMENDED SCHEDULE OF DISTRIBUTION
SALE NO. 73
Date Filed: October 3, 2007
Writ No. 2006-3545 Civil Term
JP Morgan Chase Bank, NA, Successor by Merger with Bank One NA
VS
Unknown Heirs, Successors, Assigns, and all Person, Firms, or Associations Claiming Right, Title
and Interest From or Under John A. Koveleski
17 Neponsit Lane
Camp Hill, PA 17011
Sale Date: June 13, 2007
Buyer: Daniel Sabolchick
Bid Price: $110,000.00
Real Debt: $82,185.14
Interest:
Attorney Writ Costs:
Total: $82,185.14 per order of court dated September 28, 2007
DISTRIBUTION:
Receipts:
Cash on account (03/13/2007): $ 1,500.00
Cash on account (06/13/2007): 11,000.00
Cash on account (06/28/2007): 100,000.00
Cash on account (06/28/2007): 4,439.76
Total Receipts: $116,939.76
Disbursements:
Sheriffs Costs $3,227.00
Legal Search 200.00
Transfer Tax, Local 1,519.88
Transfer Tax, State 1,519.88
Cumberland County Tax Claim Bureau 2,062.53
Bonnie K. Miller, Tax Collector 1,885.14
Lower Allen Township (refuse) 14.26
Lower Allen Township Authority (sewer) 32.00
Attorney Patricia L. Blais 1,000.00
JP Morgan Chase Bank, NA 82,185.14
Unknown Heirs, Successors, Assigns, 23,293.93
and all Person, Firms, or Associations
Claiming Right, Title and Interest From
or Under John A. Koveleski
Total Disbursements: ($116,939.76)
Balance for distribution: 0.00
So Answers:
R. Thomas Kline
Sheriff
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