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HomeMy WebLinkAbout01-2978 FX J f / ,",". . . .,' '.c_, .",.~ ,.j.-,.; '" .''-'-''4 THE LAW Offices of 1310 Industrial Boulevard 1st Floor, Suite 101 Southampton, P A 18966 ,.-~, GREGORY JAVARDIAN Phone: (215) 942-9690 Fax: (215) 942-9695 August 29, 2003 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Re: LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 SERIES 1999-1 v. ERIC R. DIEFFENBACH and VICKI ANN DIEFFENBACH No. 01-2987 CIVIL TERM Premises: 125 S. 16TH STREET, CAMP HILL, PA 17011 Dear Sir/Madam: I would appreciate your entering a Default Judgment relative to the above matter. Enclosed are the necessary documents, together with a check to your order in the amount of $9.00 in payment of costs and fees. Kindly return a time-stamped copy of the Praecipe for Judgment in the enclosed self-addressed stamped envelope. Should you have any questions or need additional information, do not hesitate to contact me. Very truly yours, , me~ GREGORY JA V ARDIAN /mk enclosures cc: Steven Howell, Esquire c '......~~ I,j '. I I I~.. ." ;',,~ ~.;," :;"'~i.<: " . " .,. . ," . LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN ID# 55669 44 SECOND STREET PIKE SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 SERIES 1999-1 135 SOUTH LASALLE STREET, SUITE 200 CmCAGO, IL 60603 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. <::) 1- 0297? c;()~( '-r~ VS. COMPLAINT IN MORTGAGE FORECLOSURE ERIC R DIEFFENBACH VICKI ANN DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 17011 DEFENDANTS COMPLAlNT-CIVILACTION NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense 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 TIllS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 . -~ " . . ~"~~ ,I - , , LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN ID# 55669 44 SECOND STREET PIKE SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 SERIES 1999-1 135 SOUTH LASALLE STREET, SUITE 200 CHICAGO, IL 60603 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 0/-,2 97f ~ I.u.-<- VS. COMPLAINT IN MORTGAGE FORECLOSURE ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH 125 S. 16TH STREET CAMP HIll.., P A 17011 DEFENDANTS CIVIL ACTION MORTGAGE FORECLOSURE 1. LaSalle National Bank as Trustee under Pooling and Servicing Agreement Dated 2/1/99 Series 1999-1, (hereinafter referred to as "Plaintiff') is an Institution, conducting business under the Laws of the Commonwealth of Pennsylvania and brings this action to foreclosure the mortgage between Eric R. Dieffenbach and Vicki Ann Dieffenbach, Mortgagors (hereinafter referred to as "Defendant") and itself as Mortgagee by Assignment. Said Mortgage was dated December 7, 1998 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County in Mortgage Book 1506, page 675. A copy of the Mortgage is attached and made a part hereof as Exhibit' A'. 2. The Mortgage is secured by Defendants Note dated December 7,1998 in the amount of $94,350.00 payable to Plaintiff in monthly installments with an interest rate of 11.625%. .,;./ , -~ t;; . . ". . I ,1.'1...1. , ~- _-"'d. k',""", -j _ 3. The land subject to the mortgage is: 125 S. 16th Street, Camp Hill, PA 17011. 4. The Defendants, Eric R. Dieffenbach and Vicki Ann Dieffenbach are the real owners of the laod subject to the mortgage and the Defendants' address is : 125 S. 16th Street Camp Hill, PA 17011. 5. The Mortgage is now in default due to the failure of the Defendants to make payments as they become due and owing. The following amounts are due: Principal Balance $94,261.14 Interest to 4/11/01 22,645.97 Accumulated Late Charges 1,240.76 Hazard Insurance 1,281.85 Inspection/CMA 112.00 Interest on Advances 65.32 Attorney Fees/Costs 3,700.00 TOTAL $123,307.04 plus interest from 4/12/01 at $34.90 per day, costs of suit and attorney fees. 6. In accordance with the provisions of the Act of January 30, 1974, P.L. 13 No. 6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose is required and the Notice of Homeowners' Emergency Mortgage Assistance was sent to Defendants April 4, 2001. The Defendants have not cured the default. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendants, in the sum of $123,307.04 together with the interest from 4/12/01 at $34.90 per day, costs of suit and attorney fees. Law Offices of Gregory Javardian /" BY: A V ARDIAN 0.55669 .. -t-J-'<ll ~__ ,<"-c,v ~___J___~..._~,"~ . ADJUSTABLE RATE NOTE (LmOR ~ M th Index (As Published in,The Wall Street JoUrnal) -Rate Caps) '" .i i . TBJSNOTE CONTAlJIISP OVISIONSALLOWlNG FOR CHANGES INMYINTERESTRATEANDMY MONTHLY PAYMENjr. NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME, AND MAXIMUM RATE I MUST PAY. DECEMBER 7, 1998: MF;CHANICSBURG, 125 S. 16TH STREET, PENNSYLVANIA 17011 PENNSYLVANIA [property Address] 1. BORROWER'S PROl\ilI TO PAY In return for a loan that;! ha e received, I promise to pay U.S. $ 94 , 350 . 00 (this amount is called "principal"), plus inter~st, the order of the Lender. The Lender is EQUITY ONE, INCORPORATED, A ~E SYLVANIA CORPORATION I understand that the Lender! ma transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to rereive payments tind this Note is called the "Note Holder. " 2. INTEREST Interest will be charged ;00 yearly rate of 11.625 The interest rate requireft b default described in Section ~(B) 3. PAYMENTS . (A) Time and Place of1Pa ents I will pay principal and Jut t by making payments every month. I willmak.e my monthlypa re an the 1st dayofeachmonthbeginningon FEBRUARY 1,1999. 1 will make these payments ~ 'month until I have paid aU of the principal and interest and any other charges described belo* that 1 may owe under ~is L ote. My monthly payments will be applied to interest before principal. If, on JANUARY 1,. 2029 . . I still owe amounts under this, Note. I will pay those amounts in full on that date, which is called the "MaturityjDa ." I will make my monthly, pay "at 4909 LOUISE DRIVE, SUITE 106, MECHANICSBURG, PENN YLVANIA 17055 or at a different_place if required by the Note Holder. (B) AmOWIt of My W.al onlhly Payments Each of my initial monthly yments will be in the amount of U.S. $ 943 . 35 . This amount may change. J (C) Monthly Payment Ch Changes in my monthly;pa: ent will reflect changes in the unpaid principal of my loan and in the interest rate that 1 must pay. The Note Holderi wit determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 ot;thiS rote. . 4. INTEREST RATE AND ONTHLY PAYMENT CHANGES (A) Change Dales Theinterestratelwill~ay L y change on the 1st day of JANUARY, 2001 ,andon that day every 6 th mon: thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index I Beginning with the first~, ge Date, my interest rate will be based on an Index. The "Index" is the average of inter- bank. offered rates for 6 mon~ U . dollar-denominated deposits in the London ("Libor"), as published in Tbe Wall Street Journal. The most recent ~ex gore available as of the first business day of the month immediately preceding the month in which the Change Date o~urs' called the "Current Index. t, If the Index is no longerjav . able, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give * n ice of this choice. (C) Calenlalion of Cluing Before each Change 0*, Note Holder will calculate my new intereSt rate by adding EIGHT~ - - -- 1 percentage point(,) ( 8 . 000 %) to the Current Index. The Note Holder will then roun the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in See . on 4(0) below. 'this rounded amount will be my new interest rate until the next Change Date. The Note Holder will ili;en _ tennine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to 0 Ie at the Change Date in full on the Maturity -Date at my new interest rate in substantially equal payments. Th~ result or thi calculation will be the new ~ount of my monthly payment. (D) Limits all Interest :!Rat Changes The interest rate I am r~ir I to pay at the first Change Date will not be greater than 1. 3 . 625 % or less than 10 . 625 % J reafter, my interest rate will never be increased or decreased on any single Change Date bymorethan ONE----- percentagepoint(s)( '1..000 %) from the rate of interest I hate bin paying for ,the preceding <~nths. My interest rate will never be greater ~ 17.625 %.Myinterest te will never be less than 10.625 %. (E) Effective Date of eha ' es My new interest rate will b orne effective on each Change Date. .1 will pay -the amount of my new monthly payment beginning on the first monthly pa t date after the Change Date until the amount of my monthly payment changes again. . i npaid principal until the full amount of principal has been paid. I will pay interest at a %. The interest rate 1 will pay may change in accordance with Section 4 of this Note. this Section 2 and Section 4 of this Note is the rate I will pay both before and after any fthisNote. , , MULTISTATE ADJUSTABLE RATE I OTE-LmOa 6 MONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL) . Single Family-Fannle MIse unifonh" Ins punent Form 3520 6/94 HNI1:ln-lZ1'11 I I Pup ll1n L.I ~, I.~", '.j ',d..'.. .'t'""'''''"-"" . !' . ~ ) Notice of Changes i I ... The.JJbte Holder will de~ive or mail to me a notice of any changes in my interest rate and the amount of my monthly ptyment before the effective ~ate f :my change. The notice will include information required by law to be given me and also the telephone number of~ p ison who. will answer any question I may have regarding the notice. , , 5. BORROWllR'S RlGIfjl'T PREPAY I 'have the right to make '[pa of p.dncipal at any time before they are due. A payment of principal only is known as a "prepayment. M When I make prepa)1llllent. I will tell the Note Holder in writing that I am doing so. I may make a full prepa : or partial prepayments without paying any prepayment charge. The Note Holder will use an of my prepayments to redUce e amoun c of principal that r owe under this Note. If I make a partial prepayment, there will be no changes in the due:(lat of my mlmthly payments unless the Note Holder agrees in writing to those changes. My partial prepayment may red$e 'e amoun I of my monthly payments after the first change Date following my partial prepayment. However, any reduc on due tlL) my partial prepayment may be offset by an interest rate increase. 6. LOAN CHARGES , I If a law, which applies to th"' loan and which sets maximum loan charges, is :finally interpreted so that the interest or other.' loan charges collected ~r to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan Charge shall be reduced by amOUJlt necessary to reduce the charge to the permitted limit; and (ii) any sums already colle~ted from me that excecrled rmittec\limits will be refunded to me. The Note Holder may choose to make this refund by re:ducing the princip"l i owe er this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated ;l,S a 'pact prepayment. 7. BORROWllR'S FAIL. TO PAY AS REQUIRED (A) Late Charges for q.ver '111' Payments If the Note Holder has riot ived the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I willtpay late charge to the Note Holder. The amount of the charge will be 5 . 00 % of my overdue payment of ptinci at and interest. I will pay this late charge promptly but only once on each late payment. (H) Default If I do not pay the full amo t of each monthly payment on the date it is due, I will be in default. (C) Notice of Default ~ If! am in default, the Note by a certain date, the Note l~old and ,all the interest that 1 (IvJe delivered or mailed to me. " (D) No Waiver By Nl)t~ H Even if, at a time when :iI above, the Note Holder will ~till (E) Payment of Note Hold If the Note Holder has ~u. to be paid back hy me for all!of i Those expenses include, for e,x older may send me a written notice telling me that if I do not pay the overdue amount may require me to pay immediately the full amount of principal that has not been paid that amolUlt. That date must be at least 30 days after the date on which the, notice is 9. OBLIGATIONS OF P\;;R If more than one personj sig in this Note, including the PrfJ . Note is also obligated to do] th guarantor, surety or endorserl of may enforce its rights under lthis one of us may be required to pa der in default, the Note Holder'does not require ~ to pay immediately in full as described ave the right to do so if I am in default at a later time. '8 Costs and :Expenses me to pay immediately in full as described above, the Note Holder will have the right costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Ie, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law ~qui by delivering it or by mailing it the Note Holder a notice of my Unless the Note Holder~ will be given by mailing it b~ fir address if I am given a notic9 of a different method, any notice that must be given to me under this Note will be given y first class mail to me at the Property Address above or at a different address if 1 give fferent address. s a different method, any notice that must be given to the Note Holder under this Note class man to the Note Holder at the address stated in Section 3(A) above or at a different different addrC$s. NS UNDER THIS NOTE this Note, each person is fully and personally obligated to keep all of the promises made to pay the full amount owed. Any person who is a guarantor, surety or endorser of !:his things. Any person who takes over these Obligations, including the obligations of a is Note, is also obligated to keep all of the promises made in this Nate. The Note Holder ote against each person individually or against all of us together. This means that any all of the amounts owed under this Note. 10. WAIVERS 1 and any other person ~h has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the riglt to equire the Note Holder to demand payment of amounts due. "Notice of dishonorll means the" right to require the Note :Hal er to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED N TE This Note is a uniform:ins ment with limited variations in some jurisdictions. In addition to the protections given to the Nole Holder under this lj'ote, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects th~ No Holder from possible losses which might result if 1 do not keep the promises that I make in this Note. That Security In :t describes how and under what conditions I may be required to make immediate payment in full of all amounts I we under this Nate. Some of those conditions are described as follows: . I , I MULTISTATE ADJUstABLE 4TE I QTE..LlBOR 6 MONTH INDll:X (AS PUBLI~ IN THE WALL STREET JOURNAL) - Single Pamily~Faunie Mae umtorm , eat Form 352" 6/94 HP412553-l'V91 1 1 ~20f3 ! . ~l . ,I . Transfer of the Prqper. or a Beneficial Interest in Borrower. If all or any part of the Property or any . inter.est in it is sold or tr.: ans . rred (or if a beneficial interest in Borrower is SO,ld or transferred and Borrower is nor a natural person) without oder's prior written consent, Lender may. at its option, require inunediate payment in full of all sums secured b' this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited b~ fed rallaw as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower caus to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new lo~ w' e being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impmr by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Jns~nt i acceptable to Lender. To this extent p~tted y applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assti;m.p D. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender an4 obligates the transferee to keep all the promises and a.greements made in the Note and in this Security Instium t unless Lender releases Borrower in writing. If Lender exercises .'!the I tion to require immedia.te payment in full, Lender shall give Borrower notice of acceleration. The noti~: s provide a period of not less than 30 days from the date the notice is delivered or mailed within which Bqp.o must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the,: exp ation of this period, Lender may invoke any remedies permitted by this Security Instrument without further n:tice or demand on Borrower. I WITNESS THE HAND(S) AND!SEAL(S) OF THE UNDERSIGNED. _I ~I ~ r _. .-Cl 'fr; , , -vq ~ (s..;~~~ BorrQwer VICKI ANN DIEFFENBA Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) norrower [Sign Original Only] MULTISTATE ADJDSTABLE ~ Single Famlly-ranme Mae Ullifoi.m 111'412>>4-1219:0 'I I I iNOTE-LIBOR 6 MONTH INDEX. (AS PUBLISHED IN THE WALL STREET JOURNAL) ~ Itrument Form 3520 6194 ,.3013 , ~ . '~ .i ~, 0- . ...' ,,' ".' .,,,' " ~ ADDENDUM TO FNMA NOTE This ADDENDUM TO NOTE i and is incorporated into and amei1ds extensions and renewals of that Note, PENNSYLVANIA CORPORAT made this 7 th day of DECEMBER 7, 199 B . d supplements the Note, Adjustable Rate Note or Balloon Note of the same date, and any iven by the undersigned ("Borrower") to EQUITY ONE, INCORPORATED, A N ("Lender")("Note"). In addition to the agreements ma e in the Note, Borrower and Lender further agree as follows: 1. Balloon Payment Loan 0 i If the box above has been .;bee' ,the following provisions are added to the Note; A. "TIllS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN llNPAlDINTERESTTHENDUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE W AT mAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF 0 ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE BE ER YOU HAVE TIllS LOAN WIm, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE TIllS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NO Y ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDE B. The "Payments" section of th~ ote is amended by deleting the first sentence and replacing it with the following language: "I will pay principal and ~ter t by making payments every month. Each of my regular monthly payments, except for the final payment, will be in amount of U.S. $ N/A . Assuming all scheduled payments of principal and interest are made n their dne dates. the final payment will be U.S. $ N/A [New York only: "The above Ipecified final payment consists of U.S. $ N/A which will be principal and the balance vim interest. "] .fBorrower's Promise to Pay," is amended by adding the following language after the ed under the Security Instrument that is executed in conjunction with this Note are and n under this. Note. 11 2. The section of the Note entitI first sentence: "Any amounts shall be part of the debt obliga I 3. If the Note is a second mortgag I Note,. in the section of the Note entitled, "Interest," the language, if any, which states that interest will be charged "b ginning on the date of this Note and continuing" is deleted and replaced with "on unpaid principal." Further, a new,se. nee is added: "The interest rate required by this Section 2 is the rate I will pay both before and after any defauk d cribed in the section of this Note regarding "Default. IT 4. If the Note is an adjustabl~ ra i Note, the section of the Note entitled, "Interest," is amended by adding the fonowing language at the end of the s~co , sentence: "which, except for odd days' interest. if any, will be applied to a 360 day year consisting of 12 months with days each. Interest will be charged until the principal has been paid in full. " 5. If the Note is an adjustable rate ote: a) the section of the Note entitled, "Payments" (A) "Time and Place of Payments, If is amended by deleting the :sen ce which reads, "My monthly payments will be applied to interest before principal." and replacing it with the fonoWing anguage: "Each of my regular monthly payments will be applied first to amounts due for any escrows for taxes and P1s ance under the Security Instrnment, then to accmed and unpaid interest as if the payment is made on its due date, r~gar less of whim the payment is actually received and the remainder. if any, to the unpaid principal balance. Any lat~ c I es, coUection costs and expenses. dishonored check charges and payments made by the Note Holder to enforce tliis t:e and/or to protect the Note Holder's interests under the Security Instrument will be assessed separately. This c;loes ot take into account any payments for optional mortgage products that are charged to my account." and b) the seClfton f the Note entitled, "Interest Rate and Monthly Payment Changes" (D) IlLimits on Interest Rate Changes," js ended by adding the following language, "My interest rate wilI never be less than 10.625 %." 1 ! i 6. If the Note is a fixed rate ate, the section of the Note entitled, "Time and Place of Payments II or alternately "Payments, II is amended by dIeting (if applicable) the sentence which reads. "My monthly payments will be applied to interest before principal." 'and, y adding the following language before the sentence which contains the maturity date: "Each of my regular montilIy I yments will be applied first to amounts due for any escrows for tax.es and insurance under the Security Instrument, th.~n accrued and unpaid interest to the date of payment and the remainder, if any. to the unpaid principal balance. Any latle c ges, collection costs and expenses, dishonored check charges and payments made by the Note Holder to enforce tliis ote and/or to protect the Note Holder's interests under the Security Instrument will be assessed separately. This does I ot take Into account any payments for optional mortgage products that are charged to m} account. II i I 7. A. The section of the Note i.tled, llBorrower's Right to Prepay" or alternately "Borrower's Payments Before The) Are Due, II is amended by a) adding to the end of the first sentence the following language, ", but the Note Holdel may apply any tenderw p yments first to any amounts then due and owing under this Note or under the Securi~ Instrument."; b) deleting Ie sentence which states, "The Note Holder will use all of my prepayments to reduce thl amount of principal t1ul.t I e under this Note."; and c) adding after the final sentence the following language, "Excep as provided in the "LOan I barges" section (if any) or otherwise provided by applicable law, the Note Holder earn any prepaid finance charg : at the time the loan is made and no part of it will be refunded if I pay in full ahead 0 schedule. " MULTISTATE ADDBNl'lUM TO l!o"1jflND FNMAiFHlMC NOTa 1~S) J GENEll.lC """""""" I'aplof3 ANTQ31A.USM " '.1 '::.,;i , 'B.. If..Aprepayment charge ~ co ' is amended by adding to: the acted in c01mection with this loan, thesectlon oftbeNote entitled, "Loan Charges" (if any) d of the final sentence the following language, "without any prepayment charge." 8. In the State of Arizona, a provi on is added to the Note as follows: JlContracted for Rate of hit 't. I agree to PRY an effective contracted for rate of interest equal to the interest rate as provided in this Note and the additienal terest resulting from any Additional Sums. The Additional Sums shall consist of all fees, charges, goods, things in action r other sums or things of value (other than interest as provided in this Note) paid or payable by me, whether pursuant to-this ote, the Security Instrument securing this Note or'any other document or instrument in any way pertaining to this loan, that y be deemed to be interest for the purpose of any law of the State of Arizona that may limit the maximum amount of int~rest fa be charged with respect to this loan. The Additional Sums shall be deemed to be additional interest for the purposes of any law only. " , ! 9. The section of the Note entitled, ULate Charge for Overdue Payments,lI is amended by replacing the word "overdue" in the second sentence with the wdrd" eduled" except in the States of Colorado, Delaware, Idaho, Massachusetts, North Carolina, Rhode Island (if secured by b. s ndary lien), Utah and Wisconsin in which the word "overdue" shall be replaced with "unpaid amount of the. n If the Notens a !Xed rate Note, after the final sentence add the following language, "Any late charge will be in addition to interest on th~ th outstanding principal for each day the payment is late." 10. The sections of the Note enqUed acceleration to he at least 60: da least 35 days if the loan is ~ I1Notice of Default" and lIUniform Note,ll are amended by changing the notice of default Of if the loan is secured by a secOndary lien on real property in the State of Connecticut and at by a lien on feal prop'erty in the State of Oklahoma. 11. If this is an adjustable rate; No ,then the subparagraph entitled, "Transfer of the Property or a Beneficial Interest in Borrower,lI is amended by:I1el g the provisions relating to assumption of the loan. 12. Except for the State of Kentljcky the section of the Note entitled, "Payment of Note Bolder's Costs and Expenses, II is deleted in its entirety and is repl~ by e fallowing language: "If I default, whether or not the ate Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid b by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by appliCable law. Those exp~ nclude, for example, reasonable attorneys' fees, collection costs and expenses, servicing fees, and dishonored check charg~ t tlle fulJest extent not prohibited by applicable law." 13. In the State of Kentucky, th~ s .on of the Note entitled, UPayment of Note Holder's Costs and Expenses,lI is deleted in its entirety and replaced by the~foll ing language: "If I default, whether or not the ate, Holder has required me co pay immediately in full as described aoove, the Note Holder will have the right to be pai4 b by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses ptclude, for example, reasonable attorneys' fees not in excess of fifteen percent (15%). of the .unpaid balance of the loan pjrid an attorney not a salaried employee of the Note Holder. I will also pay a reasonable charge for each dishonored check, ara or other instrument issued by me in payment on this loan." , , 14. The section of the Note eIi,titl ,110bligations/Responsibility of Persons Under This Note," is amended by adding the following language to: the eJid 0 the first sentence: "plus the charges as describdl in e sections entitled, 11..ate Charges for- Overdue Payments" and "Payment of Note Holder's Costs and Expenses." In I~ah Maryland, South Dakota, Texas and Utah, in addition to charges specified elsewhere in this Note, in the Security Ins~t iven to secure this Note, or in any other agreement in connection with this Note, I agree to pay the following if charge4: in nnection with this loan: the Lender's altomeys'lclosing agents' fees for services rendered in connection with the preparation closing, and disbursement of the loan; any expense., tax or charge paid to a governmental agency; examination of title'" ap raisal or costs necessary or appropriate to the security of the loan: premiums for credit life, credit accident and health, cCedi disability. involuntary unemployment benefit and similar insurance coverages but only if the insurance is optional with ~: p .urns for property insurance and title insurance from an insurer of my choice; deferral fees; refinancing charges; points: floo certification fees; and any other charges, but not including any fees or charges for any services for which I may not be charged er the Truth in Lending Act, the Real Estate Settlement Procedures Act or any other statute or regulation. " i 15. In the State of Virginia, the first lentence in the section of the Note (Form 3200,3260 or 3520) entitled, "Waivers," is deleted and amended to read as foU~ws: , "I and any otller person whQ b !obligations UI?der this Note ,waive the rights of presentment and notice of dishonor and waive the homestead exemption. " , 16. In the Ohio (Form 3936) and M .sachusetts (Fonn 3922) Second Mongage Notes, the-final two sentences of the section entitled, Borrower's Payments Bef~re ey Are Due,1/ are deleted. 17.A. In the State of New Yor*, if ~e loan is a Balloon Payment Loan then a new section is added to the Note as follows: lINOTICE OF MA I will receive a noli I of maturity Dot less than ninety (90) days nor more than one hundred twenty (120) days prior to the maturity 0f th, loan. ! THE TERM OF REPAY THE 3'0 YEARS LOAN IS 30 YEARS. AS A RESULT, YOU WILL BE REQUIRED TO PRINCIPAL BALANCE ANIl ANY ACCRUED INTEREST THEN OWING OM THE DATE ON WHICH THE LOAN PROCEEDS ARE DISBURSED. MULTIST A Tl< ADDENDUM '1'0 lSTnND FNMAlFHLMC NO'fE (31] II!l8) GENERIC .-...... ANT03IA.USM l'a&o2Df3 I ~ '"" L '~r-"'~ -'. ""''(; B. THE LEND)ill. HA$ N OBLIGATION TO REFINANCE TIlJS LOAN AT THE END OF rrs TERM. TIlEREFORE, YOj:! Y BE REQUIRED TO REPAY THE LOAN OUT OF ASSETS YOU OWN OR / YOU MAY HAVE tro ANOTHER LENDER WILLING TO REFINANCE THE LOAN. ASSUMING THIS'LE ER OR ANOTHER LENDER REFINANCES THIS LOAN AT MATURITY, YOU WILL PIWBju! BE CHARGED INTEREST AT MARKET RATES PREVAILING AT THAT TIME AND SUCHR~ MAY BE ffiGHER THAN THE INTEREST RATE PAID ON THIS LOAN. YOU MAY ALSO VE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED wITH NEW MORTGAGE LOAN." In the State of New ~ or l if the Security Instrument which secures the Note is a second or junior priority Security Instnnnent then the folio' ing notice applies and a new provision is added as follows; "DEFAULT IN TIIE P YMENT OF TIlJS LOAN AGREEMENT MAY RESULT IN THE LOSS OF THE PROPERTY SEC: THE LOAN. UNDER FEDERAL LAW, YOU MAY HAVE THE RIGHT TO CANCEL THIS AG MENT. IF YOU HAVE TffiS RIGHT, THE CREDrrOR IS REQUIRED TO PROVIDE YOU A SEPARATE WRITIEN NOTICE SPECIFYING THE CIRCUMSTANCES AND TIMES UNDER WIn YOU CAN EXERCISE TIlJS RIGHT." , 18. A provision is added to :the ' ate as follows: 11 ADDmONAL SERVrC Q FEES: In addition to charges specified elsewhere in this Note, in the Security Instrument given to secl.jre is Note, or in any other agreement in connection with this Note, [ agree to pay, to the fullest extent not prohibited applicable law, the following if charged in connection with this loan: any fees imposed by the Lender's discharite 0 satisfaction of lien(s) (wbetJIer upon payment in fulJ, acceleration or maturity); payoff quotes/charges; delivery, c es; inspection fees and/or payment history charges." I . 19. A provision is added to :the . ote as follows: A. uAPPLICABLE LAW., s Note shall be governed by federal law and, to the extemnot inconsistent with or more restrictive than federal law 0 ,regu1ati~n governing the Lender, the laws of the jurisdiction in which the property defIned in the Security Instrumeht the "Property" is located. In the event of a conflict between any provision of this Note and any such law or re~lat n in effect as of the date of this Note, such law or regulation sball control to the extent of such conflict and the ~n cting provision contained in this Note shall be without effect. AU other provisions of this Note will remain fully effec ~e and enforceable. " I ! B. In the States of Maryland, innesota and Ohio a provision is added to the Note as follows: Maryland: The Lender'!elec to make fIrst mortgage loans under Md. Com. Law Code Ann. title 12, subtitle 1 and the Lender elects to makle nd mortgage loans under Md. Com. Law Code Ann. title 12, subtitle 10. 20. Minnesota: If one of th" e b ixes below is checked, the Lender is extendinLcredit ~d the interest rate on this Note is char~ pursuant to the :spec fled provision of the Minnesota Statutes: U Secuons47.20 and 47 .204 0 Chapter 56 U Other: Section 1 . i SpecifySt:Ction Ohio: If this is a first mo gage Joan, such loan is made pursuant to section 1343 of the Ohio Revised Code as preempted by the usuri,lpro .SiODS of Public Law 96.221, and the terms of this loan are not subject to any provisions of the Ohio Mortgage LOan , ct. If the Note is secured by a ~econd or junior lien on real property located in the State of Iowa, then the following provision applies: I Unless otherwise pJ:e . by applicable federal or other law, the attorneys' fees provision in the section entitled, "Payment ot Note Hol I ts Costs and Expensesn is deleted in its entirety. 21. If the Note is assigned ~r tr j ferred, all or a portion of this Addendum to Note may be voided at the option of the assignee or transferee. !mY rIDS and provisions of the Addendum to Note which are voided will be governed by the original terms and provilJion of the Note. BY SIGNING BELOW.Bo ! i ! wer accepts and agrees to the terms and provisions contained in this Addendum to Note. ~f? (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower MULTISTATB ADDBNDUM TO tSTI2ND FNMAJF>>1.MC NOTB (.11&193) GBNERlC """"""'" PJgIl300 ANT03JA.USM ~ , "' .'..d i:()J... L/ 3 72JCJ L EQ~ITY ONE, !NCORPORATED A LL.. ~.':' :.:. "':<::.: H :, :';.:.~~' f~j ;)[~'i)S . ''', ....., CO"NTi -f'A ',J:: ~ ',_ .." ,. ...' ~C9 LOUIS3 DRIVE, SUITB 106 , MECHANICSBURQ, PENNSYLVANIA 17055 'sa DEe 17 ARlO 17 ISpw: Abow.l1bisLincPor~DaIaJ ()8'J/)J()40 ])7 MORTGAGE TlilS MORTGAGE ("S",urily Instrumcn1') is given on DECEMBER 7, 1998 Themongagori, ERIC R. DIEFFENBACH AND VICKI ANN DIEFFENBACH eBorrower"). lbis Security Instrument is Biven to EQUITY ONli:, INCORPORATED, A PENNSYLrVA.TiJIA CORPORATION which is organized and ~xbling under the laws of PENNSYLVANIA and whos:e address is 4909 LOUISE DRIVE, SUITE lOllS, MECF.ANICSBURG, PENNSYLVANIA 17055 ("Lender") , Borrower owes Lend", lIle principal sum of NINETY-FOUR THOUSAND THREB IlL'NDRBD FI FTY AND NO/I00 Doll",(U.S.S 94,350.00 ), Thi, debt is evid""cc:d by Borrower', DOle dated the..... date", ibi, Security ln8trumcnt ('Note'), whicb provides for monlhly paymeoUl, with the full debt. if DOt paid earlier, due and payable on JANUARY 11 2029 . This Security lnslt= secures 10 Lender: (a) the repaymenl of Ihe debt ovidcnccd by the Note, with interest, and all reoeww5, cxli.'I1Bious and modification.~ of the Note; (b) !he: 'Payment ot" all other 5UlTL1, \\ilh inlerest, advanctd un<lcr pllr"8"ph 7 10 pl~tcct the security of this Security Instnumml: and (c) the perfonnance of Borrower'5 covemmU;, and agreements under this Security Instrument and the Note. For this Purp05e, Borrower does hereby mortgagel grant and l,:Qnvcy to Lender the following described property located in CUMBERLAND CoWlly. Pennsylvania: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF which has the addre" of 125 S. 16TH STREET, CAMP HILL lNImt) [CJty) Pennsylvania 17011 (ZipColWJ ("Prapeny Addressft); TOGl:.'THH1t WITH all the improvements now or hereafter erected on m.i; ]Jwpmy, md all easements, appurtenances, and fixtures n(lW nr hereafter n part of the property. All I1:plll(;cmcnt.IJ: aw.l addhions sball also be covered by this Security InsfTUJJ1ent. All of the foregoing is n:rcntd to in this Security In5trumcnt as the "Property." BORROWER COVBNA~ that Borrower is lawfully seised of the estate hereby conveyed and has th~ right to nwrtgage, gnmt and convey the Property and that the Pmj,)erty lit unencumbered. except for encumb[,,~5 of ~:td, Borrower warrants and will defend generally the title tn the Property against all claims and demands. lfUbjecl to any encumbrances of teOJrd. TlIlS SECURITY INSTRUMENT colublnca uniform covenants for national UIle and non-unifonn CUVtDanl& with limited variations by jurisdiction to constitute a unifonn security instruJneot covering ml PEUPt'rty, UNIFORM COVE.'lANTS. Borrower and under CQvcmmt and ~ as follows: I. Paymeol of PriDcjpal ODd _; P1qloymenl ODd Late Oulrges, Horrower lIhsll promptly pay wIren due lh<: principal or and Intctcst on. the debt evidenced by the Note and any prepayment and late charges dlJe UDder the Note, 2. Funds forTues P 1n5\1l'llllCe. Suhjectto applicable lawnr to a wriUen waiver by Lender. &>nower shall pay PENNSYLVANIA. Smak FlI11ib . FNMA/FHl.MC UNlPOItM lNSTIlUMENT 1CC-I1N2341'-:o.196 I'IplQf5 Penn JUJ' 9I9Il .8ood506'IGf Gl5 , - 1IJi1tjiT , , ;",< ,-~ """;;;':;1 , 10 Lender on the day monthlypaymc:n~ are due under the Note, until the Nate i.o; paid in full. a 6UJIl("Fuuds'") for: (a) yearly . ~ and assessments which may attain priority over thi~ Security Imtnunen1. as a lien on the Property; (b) yearly leasehold Pil)'1IleIltS or ground rents on the Property I if any; (~) Yl:".mY hazard or propc:ny insurance premiums; (d) yearly nlJOll insurance premiums. if any; (e) yearly nwngagc iusurance premiums. if any; and (f) any l)UD1S payable by Borrower In Lender, in accordance with the proviSWM of paragraph 8. in lieu of the: payment of mortgage lnwtance premiums. The5e items are called -Escrow Jrems. Ii Lender may. at any time. collcct and hold Fwlds in an amount not to ~ lIR maximum amoum a lender for a fedemUy re11lled mortgage loao may require for Borrower's escrow accounL UDder the federal Real I-I..awe Settlement Procedun:5 Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 CI seq. ("RESPA ''), unless another law that applil:l:IlO mo funds sets a lesser lUMunt. ff so, ~et may. at any time, collect and hold Funds in an amoUDt not to cx.ceed the le$Ser amount. Lender may mimalt: Ihe amount of funds due on dte hDSis: of current data and reasonable estimatell of expenditures of future Escrow [lews or otheIWise in accordance with applicabLe law. The Funds shall be h.eld in an iI18lilutiOU whose deposits are insured by a federal agen(;Y. instrumentality, or entity (including lender, if Lender is such an institutlon)or in any Federal [Jom: Loan Bank. Lender ahRlI apply the tJunds to pay Ihc: Escrow Items. Lcndct may not charge Borrower for holding and applying the Funda, annually analyzing the wcruw account, or verifying the Escrow Items. unlt:ss Lender pS)'8 Borrower inlere8t an the Funds and applicable law permits Lender ID make such a chargl;. However, Lender may require Bormwer (0 pay a one-Lime charge for an independent real estate tax reporting: lIervicc used by Lender in connection witb this loan, wlless 3Pplicablc law provide!! otherwise. Unless au agJccnu::nt is made or applicable law requires inlcrC!ill.u be paid, Lender shall not he required to pay Dotrower any interest or earnings on the Funds. Borrowl.T llDd Lender may agree in writing, however. Ihat I.uteteSl. mall be paid on the Pund.cl. t.ender shall give Lo Borrower, without charge, an annual accounting of the Funds, ldwwiDg credits and debit!> to the Funds and the PUtpU3e lor which each debit to the Funds was made. The FWlds are pledged as additional security for all SUII1lJ SCL'tm::d by rhis Security Inlltn1ment. If the Funds held by Lender excet:d the aJIlO\lO.l.S pennitted to be held by applicable law, Lender slwll account to Borrower fur the excess Funds In acCtJtdanCc wilh the requirements: of applicable Law. If the amount of the FW)ds beld by Lt:m1er at au)' tilDc iff POI &uftioicnt 10 pay the F.IICTOW Irems when due, Lemler may 10 DOliC)' Borrower in writing, and, in such case Borrower shall pay to Lender the lUtlOUIlt necessary tu ~ up we deficiency. Borrower shall make up the deficiency in no more than twelve munlhly paymenls, at Lender's sole discretion. Upon paymtDl in full ot' all sums secured by this Security Insln1mc:nL, lcmder shall promptly refund 10 Borrower any Funds: Ileld by l.ender. If, under paragraph 21. under shiill acquire or seU lhe Property, Lender, prior UJ the acquisition or :We of lhc Property, shall appl)' any Funds held by Lender at the time ot. acquisition or sale lIS u cmlil against the SUlll!l secured by tbi, S<curllY In,l:nulICllt. 3. AppllcaIion of PaymcntL Unless applicable law providttl o~wisc. all payments recel.ved by Lender under pacagrapbs 1 and 2 shall be applied:_ first. to my prepa}'DUml charges due undcr.lbc Note; second, tn amounts payable onder paragraph 2: third, to interest due; founh, to principal due: and last, to any late charges due under the Note. 4. Cb.xes; Lit:os. Borrower shall PJlY all tl1XCS, assessment", charge.!i,. fiDt!s u:od impullilioDs attributable to ~c Property which way attain priority over this Security Instnunmt, and l~u payments or gra\lDd rents, if any. Borrower shall pay these ohliSBlloos-in the manner provided in par4!irapb 2, or if not paid in that manD.Cf, _Borrower shall pay them on time directly '0 the person owed paymcnl. Borrower shall promptly furnish Ie Lender all notices of amounl$ 10 be paid under tWs paragraph. If Bonower makes lbeae pajmefits directly, Borrowt,'I' shall promptly fumi$b to Lender receipts evidencing the paymenL'i. Bormwer sJudll'rtlmplly discharge any lien wbich has priority over thi!t Security Instnnnent unless Borrower: (a) agret:ll in-writing 10 the payment of the obligation secured by the lien in-a ~ llCccptable 10 Lender: (b) eonlests in good t'aith tbe lien by, or defends against enforcement of the lien in, legal pJO(,:=dings which io. the Leader's opinion operate to prevent the en.forceme"t of the lien; or (c) se~"UI'eS from Ihe holda of ~e lieD an agreemem smi$hcto.ry to .Lender subor. dinating the lien 10 this Security Instrument. If Ltmdcr dctcrminCll that any patl of the_ ~perty is su~iect to a lien which may attain priorilY over Ibis Security Instrument, LcPdcr DUlY give BoIrower a notice identifying the 'lien. Borrower shall satlsfy !.be lien or take one or more of Ihc actions set fol1h abO\,-e within to days of tlte Biving 01, notice. S. Hazard or Property Insorance.. "Borrower shall keep the impro~ now cW.sliog or hereafter crcetcd on the Propeny insured against I05li by un:, hirt.mds included wilhin the tcnu .cxtended coverage" and any other ha7.ards. including floods or Oooding, fur which Lender requires Insurance. 'Ibis. insurance shall be maintained in the amnunlH and for the periods Olall.emler requireI'. The insurance carrier providing the insurance shall be chosen by Borrower BUbj~e. t.Q Lender's appt()vlll which shall DOt be umeasonab1y withheld. [f Borrowl.'t fails 10 mlIinlllin coverage described above, l.ender may, at Lt:lUlt:r's optiun, obtain coverage fQ protect Lender's rights in the Property in RCCQrdance with paragraph 7. All insurance policies and. reoewals shall be acceptahle rn Lender and $hall include a standard mortgage clause. Lender shall have the right to hold the JIOlicie~ and rem:wals. If Lender requin:s, Borrower shall prompUy Rive to Lender nIl receipts of paid premiums and renewal notices. In the evt:Dl of Jo~s. BorroweI &ball give prompt notice to the insurnncc: carder and Lender. Lcnd1.:r. may IDllka; proof of loss if no1.luade promptly by Borrower. Unlwl..eDder and Borrower otherwise agree In writing, inliuronce proceeds ~J be applied to restoration or repair of the Property damaged, if the restoratioo or repair is economically feasible and Lender's security is nul ~. If lile ro;torution or repair is nul ~nomically f~ib1c or Lender's sccurily would be .-lessened. the inRUl'ance pmceed.ll shall be applied to Ute su.ms sa:qrcd by Ibis Security Instrument, whether or not men due, witb any. excess.paid:to Borrower. If BolTOWer abandons the Property, or does RIll ansv.'Ct' within 30 days a notice frow Lender that the iasurancc carrier bas offered to settle a ~Iaim. then l..etKkr may wllcct Ihe insurance proceeds. Lender may use the proceeds to repair or re~tore Ihe Properly or to pay sulIlS secured. by this Security Instrument. whether or nol rh~ due. 'r.he 3O-day period will begin wht:n the notice is g.iven. Ul1less Lender and Borrower otherwise agree in writing, any application of procccdll' l<I principal shall not extend or postpone lhc due dale of die lnontbly payments referred to in paragraphs 1 f1Dd 2. or chaoge Ibe amount of the pa.yment$;. !funder paragraph 21 tbe Property i, ""lUircd by Lender. Borrower', rightto .ny insunncepoljeie' and proceeds resulting from damage to the Property prior to the IICquisition shall pa~1i to l.ender to tfu: e~nt of the sums SCl."Ured by this &:t.-urily lnSlrumenllJnmedlately prior to the acquisition. 6. Occup8ncy, Preaerv8tioo. ...ain.....<Ince'aod Protectioo.oflhePtoperty; ~at.oaD Appli.....t~l'j J ~nM.. Borrower aha11 nccupy. eatablL'lh, ond use the Property aa Borrower'~ principal residente widUnsixty days after the exec:utioD PEHNSn.VAMA. Single Family. PNltlllJl'llLltlC lJNIl'OIlM INSI1l.1lltlllm' 1CC-HP<Z34I8.PCl".llHG ~lolS J\100303'1 9I'JO BQOII:l506 Nl!l .676 ~~ ,Ie.." - -" ""-. ,L', "~*"'! of this S~I...urity InsLIument and shall cont~ue to ocwp}' the Property as Borrowt:r's principal residenCe fer at least one year after Ihc dale or occupancy, unless l.ender nth~ agm:s in writin,g, which c0n5ant shall not he unrea.,qannbly withheld. or unletl5 extenuating circumstances exUlt which arc beyond Borrower's control. BOrMwer shall DOt desuoy, damage or impair the PrOpeny. allow I1w Property to deteriorate, or commirwame on the Prtlpt:rl.y. Borrower sbaJl be in dcfaull it any forfeiture action or PJ'U(.'CCding, .whether civil or criminal. is begun that ill Lender's good faith Judgment coold result in forfe.it.ure of the Property or ctherwise materially impair the lieu created by this Security lnstnunent or Lender's security interest. Borrower may cure such a defaull and reinstalc, as providexi in paragraph 18. by C4l1.'ring the action or PI'OO.o'<.'tling to lle dismissed with a ruling that, in lender's good faith dClcnnination,' precludes forfeiture of the Borrower's intercllt in the Property or oth~T,malcrlal impainneJ1t of the lien cre:rted by thi~ Security Instru:Iru::Dt or Lender's sccurity inlerest. Borrow",'r td1aU also be in default if Borrower. during the loan applic;dion process, ,gave materially false or inaccur.ate intbnnation or 8taremenL1 to Lender (or failed to pruvide Ll:ndcr wilh any material information) in connection with lhc: IlJan evidenced by the ::iote. inCluding, bUl nu'llimi.lcd lO, representarim1l'1 concerning Borrower's 'oC(,:upm..-y or tm: Property as II principal residence. If this. SCCI1rity In~tTUment is on a leasebold. Borrower shall comply willi alllhe provisions of the lease. If Borrower acquires fee title to the Propmy, the leas:ehold and the tCe title 811a1l not merge unless Lender agrees to the merger in writing. 7. Prolectioa of Leader', Rights in the Property. If Bom)wer falls lo P'=rlbnn the covenants and agreements oomained ,ill ads _Security Instrument, Dr _there 1& a-legal pr<JCCeding 'that may, significantly affect Lender's rights in the Property (such as a proceeding in baakrupu.-y, pI'obau:, for condemnation or forlmture or 10 enforce IaWIi or regu.1atiom;). then Lender way do and p,y jo, wlla!ever Is n""",,,}' In protect the value of the Property and Lender', righll; in the Property. Lender' i.ctions nlll)" include pnymg any sums secured by a-lien" wbich has prioritY UV~ Ibis S(!(:urit)' Instmmem, appearing in court, paying reaaanable ntlomeys' fQ:& u.ud mlerlng on the ProperlY to "make repairs. Although I.ender may take action under this paragraph 7, Lender does nol have to do so. Auy amounts dls~ by Lender under this palllgrapb 7 shall become additionw. deb! uf Borrower secured by tbi$ Security Instnunent. Unle&a BOrrower and Lender asree "to other tfo'!Dl15 of payment, thc:trc amounts shall bear iQt~st from the date of disbursement at the NQte nte and r;hu]J bl: pltyabll;, wilb iu~erest, "POll notice from LeDder to Borrower requesting paymeul. 8. Mortgage Iosurancc. If Lender required mortgage insurance as a condition of making the 10m secun:d by lhis Security Imtrnment, Borrower shall pay tht: pn:miUDlli J1:quiml to maintain the mortgl\&e iNuran.cc in effcct. If. for any rcason. the IIIOrtp.gc ilUiUC".mee coverage required by Lender lapses or ceases to be in effect,- Borrower shall pay tbe pmniunu :n:quired, to obLain coverage 8Ub$tamiaJly equivalcm 10 tbc lUOItgage insurance previously in effect, at a Ctl:it substantially equivalent to the ctmt tt') Borrower of the mortgage insurance previously in eff~. from an ull.erIwle mortgage imurer approved hy l..ender. If substantially equivalent mongage insurance coveriigo UI nul. avllilablt', BOITOwct shall pay to Lender each mnnth a !Own equal to one~twe1fth of the yearly mongage insurance premium. being paid by Borrower when the insur.mce coverage lapsed or ceased. to be: in effect. Lender will accepl, use and retain the$e paymenL'I 8ll a IO!I reserve in lieu of mortga.gc insurance. LoSs reserve payments may no longer he required, at tb~ option of L::rnlc:r, if lIXlrtgage in.'lUrBllCe coverage (in the amount and for me period that Lender n:quiI'es) provided by an insuxer llPPcoved by Lender again beromes a.vaiLable and is obtained. BOJrower lihall pay the premiums ft!qu.ired'tO lIlahltain lDQrtRBge insura.nce in effect, Of 10 provide a, 10s! n:serve, until the ~iremenl for - mortgage insurance ,ends in accordance, with any writtcm QgI'CC'Dlent between Bnrmwef and Lender or 8fiplicabJe Jaw. 9. IDspection. Lender or its agent may make reasonable entril.1l upun and ~liODII ur tbe: PrUperly. Lender shall !',ive Borrower notice at the time of or prior to an inspection specifying reasonable cause for the iRllpectinn. 10. ~rion. The proceeds of any award nr claim for damages, dim.1 err cansc:qw:ntial, in COIW:Cliull wilh any condemnation or other taking of any part of tilt: Property, or fur cunvc.YlUlCt: in lieu of oondeinnat.ion, are hereby assigned and shall bt: paid w Lender. In the l,."venl of II. lotallaking of the Property, the proceeds shall be applied 10 the sums seemed by thi9 Security Instrument. whether OT not then due. witb any exceIls paid In Borrower. In the event of a partial raking of the Property in whicb the fair marker. value of_the- Property immediatelybeforc the taking is equal to_ or greater than Ihe amuUDI uribe IlUms secUtQd by this Security Instru:mcm: immediately before the laking, unless Borrowct- and LcnOcr otherwise agree in writing. Ihe sums secured t)y this Sec:urij;)' Instt'UD1eDt shan be reduced by the amount of the proceeds multiplied by the following fraction: (n) the total amount of the mms secured. immedi:ttelybefore tbetaking. divided by (h) the fair market value uflbe ProP"lY innnediately Won: th. laking, Any ball11lCO ,hall b< paid It> Bom>wer. Info. ""onl of. parlia1ta1dng 01 Ole Property in which the lair IllIl1l<l:lvaloe nl the Propt:Ity hIlIllOOia!c1y before the Utkingi.!... than me 8IIlOunt 01 !he 801ll' secured immediately hefore the taking, unles! BOrroWM and Lender otherwise agree in writing or unles."l applicable law otherwise provides, the praceeds shall be applied to the 5UIn.'l secured by this Security Instrument whether or not the sums are Ilu:n due. II the Property is abandoned by Borrower. or if, after notice by lender to Borrower that the couQ.c[tlJJ,()l" often to make an award or settle a claim for damages, Borrower fails to respond 10 Lender within 30 days after the date (he notice is given, Lender is authari7.ed. to callect and apply the proceeds, Dt Its option, eilher to restoration or repair of the Property or 10 Ih.e B\JI11S secured,by 'Ibis Security Instrument, whetbt:r or not then due. Unless Lender and Bonowcr olhcrwisc agree in writing, any appticati.ouof proc=ds to principal shall not e'ttend or postpone the due date of the monthly pa~rs refereed to in pamgrapbs 1 ,and, 2 or change rbe amount of such payments. 11. Borrower Not ReIeaIed; Forbearance By 1..ender Not a. Waiver., Rxrensicm of tbe time for JUlymeot or DlQdinL.~liliuD of anxmizat.ion oC the "sums sa:un:d by Lbis Security lnsu:um~t gr.mt.cd by lender 10 any ti~r in inlen:~l of Borrower shalt not operare to rele8&(! _me liability of the oriQinal Bo.rroU'e~ or Borrower's successors in bnerest. Lender shull nol be required to C(lmmence pmceeding.1 ago.mn an)' successor in Intellffit nr refuse tq !'Xtend time (ar payment nt otheIWise modify ....rtizatlon of the 8IlIIlS 5ecun:d by thi, Secarity In8tramenl by reason of any demsnd IJlllde by the original Borrowct or Borrower's SUC(:C$801'S in inl'crcst. ArJy foIbcarancc by Lc:ndcr in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12, Sw:a:ssors and Assigns Bound; Joint and Several Liability; ('.l)-signers. The coven~ and agreementJI of this Security Instrument shall bind and. benefit !he sum:ssun ;md assigns of Ll:1Kkr and Dorrowt:l". tiubjecL 1u \he provisions or parngrilph 17. Borrower's covenants and agreemems shall be joint and seveta;l. Any Borrower who ~signs this Security InSlnlml:nl but does DQt ex~ret the Note: (a) is co-signing this Security Instrument only 10 mortgage, grant and convey that PENNSYLVANIA. Singl~ FblUily ~ PNMAIPHLMC UNIfO)W lNSTRUMHNT 1CC~IM'Cl...~G.~ ~jcf) IllUIIl~91W .80od506tact El7 Borrower's interest in the Property unc.ler lhe terms of this Security Inm:rument; (b) is 'not pemmally obligated 10 pay the 'lUMs secured by Ibis S<curily l..tr\llnelI'; and (e) >S''''' that Lender and my olhcr Borrower ttllly ._ '" extend, modify. forbear ur make any accommodationR with regard to the lmn& Qf this Security Instrument or the Note without t.bal Borrower's consent. 13. Loaa Charges. If the loan S(X..'\Ircd by IIli8: Security Tnsln11neOt is subject to a law wbich se15 maximwu loan charges, and t113.l.law is fin.ally interpreted 50 that the interest or oater loan charges col1cctt:d or 10 be collected in connection wilh the Joan cxccx:d the permitted limits, tIum.: (8) any lSuch loan charge shall be reduced by- the amnunt necessary 10 reduce the ,charge to the per mined limit; and (b) iUly swns already coUcctcd from Borrower which exceeded permitted limits will he refunded to Borrower. IA:ndcr may choooe to make this refund by reducinS the principul uwed UDder the Note or by making B direct paym19l1 to Borrower. If a refund reduces priDcipal, !be n:duction will be treated as il partial prepaymenr wi~out a.ny-prcpayment charge under the Note. 14. Notkes. Any Mnee to Bouowcr provided fur in Illis Securi1y -lnstl'U1l1ent shall be ,given by deUVCriDg it or by mailing il by [ml class mall ualcss applicable law requires use of another medIod. The notice &halt be directed to the Property Address or my other address, Bnnnwer dcsignalc:s by notice to Lender. Any noticcto Lender shall be given by first elftSll mail to Lender's address stated herdn or my oilier address Lender designates by notice to Borrower. Any Mrice provided for in this ~ty In$tl'Wnl:D~ sliaJ.l be-deemed to have boon given. to Borrower or Lender when given a& provided in this paragraph. 15. Goveming '.ow; SeverlIbility. This Security ~ sball 1><; iOvcmcd by fOOcra1low aad the law of .be jurisdiction in which the Property is located. In the event,(hat ltDy provisiollor clause. of this Security Instrument or the Note conflicm with applicable law, tluch CODfUct shall not affect other provisions of this Security-Instnlment or the ~ote which caIJ b~ given effcl,.'t wilhou1 the conflicting provision. "'0 this end the provlsion~ of this Security Im;(T1JJIlt:Dl aDd lhe Notc arc declared 10 be 5cvcmblc. 16. Borrower.s C..opy. Borrower shall be given one confomu:d copy ot l.be Note and of tbi3 Security .Instrument. 17. TraosferoftbePIupmyoraBwclicWlntcrest in Borrower. If all or any part ofdle Property or any intere5t in H is 60ld or transferred (or if a bcncticial interest in Borrower is IiOld or lrDnsferred and. Borrower illllot a nal.und persou) wllhout .L.eudCl'S prior written consent, I.tnder may, at its option, require immediate paYJIWDl in full or aU sums secured by this SecI1rity IDlltrument. HowevCf. this option sball nol be eJl.erciscd by Lender it' cXClCise is prohibiled by federal!aw as of the date of this &t."Urity Instrument. If Lender exercifie5 this option, Lender shall give Borrower not"=e of acceleratiun. The DoUce shall provide a period of ncrt 1e51i than 30 days from the date the oonte is delivued OT mailed wit.hiu which Borrowt:r must pay all mms secured by this Security Instnmu:nt. If Borrower faib to pay IlIcsc suws prior 10 Ihe expirarloR of this period, Lender may invoke any remediea: penuittcd by this Security Instrument withaut further notice or, demand on BolTOwer. 18. Bonvwec's Rigbt ~ Ie:bJstate. If Rorrower meets certain conditions. Borrower shall bave tlJe righl to huv!:: enfurc.ement of this Security fn5tnunen1 discontinued at any time prior to the earlier of: (a) S days (or sucb other period as appli~le law may spct.ify for :reiWllateluent) bcfon:: sale of the Pro~ pu~~t to any power of sale contained in this Securit)' Instrument; or (b) entry of a judgment enforcing this Se<:urlty Instrument. Those conditiuns are UuQ. Borrower: ta) pays Lender all RUms which then would be due under this Security Instrument aDd !he Nul.e as if no acceleration had occurred; (b) cures aJ>>' detault of any other CQVl;nKDI, or agIl.'(,'IDCDIS: (c) pays aU expenses incurred In enforcing this Security Instrument. including, but not limi.tcd to. reasonable artomeys' tees; and (d) takes auch action BS- Lender may reasonably require to assure that the lien of this Security Imttrument, Lender'51 rigbts in the Property mId Borrower's obligation to pay the sums secIlred by lhis Security Instrument shall continue Wlchangc:d. Upon reiulllatemeJ1t by Borrower, this Sct11rity 10- b1t'ummL and the obligauwui IlCCUl'ed hereby sball remain fully effective as if DO 8QCC1cratlon bad octUrrcd. However, this rigbl to rdnslaLcaball noL apply-m_tl1e cue ct. acceleration under pnragrnph 17. 19. Sale of Note; Change of Loan Servicer. The :iOte or a partial interest in the Note (together with this Security InsrrumenL) may be sold one or more times without prior notice to Bonower. A sa1e may :result in Ii clumge in (he CDlily (known a., the "loan- Servicer").thut.collet.1s munlbly pay~ due under lbe Note and,this Security Instrument, 'Iltcrc also may be out' ur more changes of the Loan Servicer unrc1l\tcd to a sale ot' the Note. If Ibcro: is a change of the Loan Servicer, BoIrower will be given. written D01iceof the chlmge in accordance with paragraph 14 nbove and applicable law, The nolke will state tbe IWIIt and address of the new Loan Servicer and the addRss to whi~ paymenta should be made. Tht' notice will ahso WDbl.41 any ollu:r infunIlMlion fl:quiNd by, ~plicablc law. 20. .I::Ia1.anIoua SUbBtatu:es. Borrower shllll not cause or permit tbe presence.. use, disposal, storase, or relea~ of any H~dous Sub,tances on orIn the Property. Borrower shall not do. nor allow anyone else tn do, anything affeet.lng the Property that is in violation of any Enyironmental Law. The preceding two sentem:es shull nut apply to the prc:tt:lll:C, Lllie, or itOrage on the Property of JmaIl qual1dl~ of Hazardous Substances tbat are generally ra:ognizcd to bc appropriate to normal residential uses and- to mail1tenal1ce of the Property. Bortower shall promplly give Lender written notice of any investigation, claim. demand. la.wsuit or other action by any govemmmta1 Of regulatory agc;ncy or private party involving: the Prup(,:n.y- and any H=wmluus Subsl.lmOO or Hnvi.ronJm:nlal Law of wbiclJ. Borrower has actual knowlCllgc. If Borrower leams. or is notified by any govcmmental or regulatory authority, that any removal or ather remediation of any HII7.ardous SuhRtance affecting the -Property ili necessary, Bomlw~ dlall promptly lUke wi necessary 1'CImdia11lClions in ucconlam:e V?ilh ~vlromrumal Law. As used ill Lhis paragraph 20. "Hazardous Substances" are those substauoes defmed as toXic or hazardous sullstaoccs by Environmental Law and the following mbstam:e&: Sasoline. kerosene, other flammable or toxic petroleum-products. toxic pesticides and herl:ricidcs. volatile solvents. materials containing-asbestos or formaldehyde,. atld radioattLvemarerials. ABused in this paragraph 20, "Environmental Law~ means fedetallaws and laws of the jurlsdi,,'tiOD where the Property ils local.ed thltt rcbuc to health, lSafcty or c.:nvirotuncnUll 'Pwtection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree u followli: 21. Ao...l~I",": RaDl:dil:o. LauIl:r sbaIl give IIDliI:lolo IlumJwer prior 10 _101WwiDg1lonvwer'._ or aoy oovc:aaol ocag<<aDODtia tblJSecIlri1y IDoIrumeul (boI1IDl prior 10 """'"",'ioo wuIcr parlQlIlI1lh 17....... applicable law proWl.. otbe<wioe). LeI1der abalIlIllliIY Ilmrower of, lIIDOJI& olhcr thlnp:(a) the deI'aoll; (b) the...... J<qUIml '" CUIIl 1Iu: t!eliIlIll: (e) wItea 1Iu: defilIIItlOllSl becurecl; and(d)1bat t)iIure"; curetbe_aalipeCified _ ""'"' in aoceIeratioD of 1Iu: llOIJIll _ by 1bilIllccority 1Dotmmont. forclosuJe by judicial proceeding and oaIe of the Property. ,......... lIhall further iDfonu!lolrow\% of tbe rigbl 10 _ aller _ and 1Iu: rigbl '" ...." ia 1Iu: _.... procccdilog the I'HNNSYI.vANIA. Sinale l=amUy - J1NMAIFHlJIC UNlR>lW'IN$TRuMENT In:.H.....lIQll'(J..l~ ~40r' Pur. 3039 9190 Bod506'pACr .678 llJ ,1 iTI0'i , , -, ." -~ .. -~," I "I ,;: , .... ~"." /~ --~. ."~ii now-exislc:occ ur a default VI' allY other defcose of Borrower 10 acceJeraIion aDd. forcclosun:. If the default is BDl cun:d as sp<ciffed, ,_.. ill option _ require _ paymenl infuD ufall ioms ........ by this Security IDstrume1ltwilbout f"!'h<rdomand and _ fill",:lose this Security InstnJmcnt by J--.r'p!lll:el:dmg. Lell<Ier shall be emlded to ",,11ei:t all "'J'CII5l:S iIu:um:d in pmsuiIlg lhe remedies provided in this parag<aph 21, incIlIlllilg, bollJOlUmil<dto. _meys'fees and COlDS of _ o:vllJeng, to lhe _ pamilI<d by appIic:able Jaw. 22. Rcklasc. Upon paymcnL uf a11l$U11lS secured by this Security Instnunent. this Security Instrument and the estate conveyed Nhall terminate and become void. After such occurrencc, Lender shall discharge und $Utillfy this Securit}, J"stnunent ",;thout charge to Borrower. B(')l'tOwer shall pay any recordation COSI!. 23. Waivers. Borrower I to the cW:nl pmnitted by applicabJe law. waives and releases any error or defCCUI in pro. cccdings [0 cnf:Orcc this Security lnstnuIlCDt. cwd he:reby waiv~s the benefit of any present or future lawl! providing for sray of execution. eJ;tension of time. exemption from atlacJJ01eDL, levy amI l1alc, and homestead exemption. 24. pPim:r~t Period. Borrower'!; time to rein.'itaIe provided in paragraph 18 5ludl CJl.ten.d to one bour prior to the COJDnlCDOCIm.:n1 of bidl1ing at a sheriff's sale or other sale pursuant tn thi1i Security Instrument. 2."i. Pun:hasc Money Mortgage.. Jf any of the debt secured by this Sa,'urity Instrumenl is lent to Borrower to acquire title to the Property, this Security In.llrnment shall be II purchase money lJ1OJ1gagc. 26. Inlm:&L Ratt: Afb:r JudgmeDt. narrower agrees that the interest rate payabJe after a judgme1lt ill ~1Cn:d 00 lhc l\Qte or iu au actiou of morLgage: fom;l~"Ure shall be the rate payable from time to time w1der the Notc. 27. Riden to this Sealrily IoalalmeD1. If one or murc riders are executed by Don-ower and recorded together with this Security Instrument. the covenants and agreements of eacl1 suell ddCT Ilhall be incorporated iuto and shall amend ;md $upplemcnl the covenants and agreements of this Security lnmument a.'l if lhe rider(s) were a part ot'tbis Security Instrument. [Check applicable hox{e~)] !Xl o o !Xl o o Balloun Rider D Raui Improvement Rider Otbcr(.) l.pccilYJ LEGAL ATTACHED Condominium Rider Planed Unit Develop~ Ridt;r o 1-4 Family Rider o Biweekly Payment Rider o Sl:l:OJ1d Homr: .Rider Adjustable Rate Rider C"mdoated Payment Rider BY SIGNlNG BELOW, Borrower accepts and agrees; 10 the tenns and covCJUl.tlJJi, conl.llincd in this Security Instrument and in any ridcr(s) tJl.cculc;:d by Borrower and recorded witb it. Wilnes"'S:. :!s:...J1". ~~ ERIC . ' E .... BlXrowcr (~J) Ilarmw~, (Seal) "onowo, (Sean Borrower (Seall Bonowtt rSea!) -, pjpace Below ThiI I.iJx: For ~gementJ Certificate ot...Resldcnce .- r, .e.....;:;) A. )).;,J.,l. "0""'4- Mortgagee 1$ . 4'"10'1 l.OUI5"C "bK'\I~, 'Silol.n! 'OlD. . do hereby r.ertify thai the correct address of the witbin..nlll!led ME"HA"i~.sP.>OiUl, {)/J,. nO.,,;- WitnCAAmyhandlhili 7.(1, dayof kt..~"t""" I~~' C.~(1.lr::.ll, r_..... ~nt ufMortgagcc COMMONWllALTH O~ PlJNNllnVANIA. ~~ CowIly '" On1his 1.-tf"\ dayof ]).L~. ,1~Cf& ,beforetne,lhcuudersignedofficcf,{lCuonally appearl,;lI .1 E'R-IC R. i)1'L:FFEN6ACH ","M.. V\'-t'-I I+NJJ oIEFr"tJ~I\C'1 known'to me (or KalilffBChlrily proven) to be tile person S whose name:S G\...r""L ilWnUnent and acknowlWgw thai ~ executed the ~amc fur t)lC putpOlCS litmlln <:untaint:d. IN WlTNE.t;.l) WHF.RF.QF. 1 hereunw IIct my hand and offic-UlI seal. subscribcd.lothewimin ......'......b,." .....~ '!i' .'. .... Mrf"?l~.~~J6lt.E~~~. ..,. ........... , ....;.~ . NOTARIAL SEAL _' (~'j".' ---.----=:> HEI.ENE.RASMUSSEN,No&aryPubllc ~~~ CImJ! HIli aorouah. Cumberland Counl)' M,CcnvnlslJlOl'l exp!ree Aug. 2. 1_ /JurA-IVI PcI,;,U '-- TitIcofOfficer ", PENNSYLVANIA. S. family - l'NMAIPHLLlC UNIPOKM 1N.Yl'RtlMIWI' ICC-lIPG11:.!'CL-lo."M "-".~o.l506p" ..679 .- lOJ9 9J!lO ~, - FlU'!'. AMERICAN Tl'I'LE INSURANCE COMPANY Commitment NUmber: CAD9874B SCHEDULE C PROPERTY DESCRIPTION The land referred to in this commitment is described as follows~ ALL THAT CERTJ.IN tract or parcel of land and premiaes, situate, lying and being in the Borough of Camp Hill, in the County of CUmberland, and commonwe.ltb of Pennsylvania. more particularly described as follows: BEGINNING at a point 240.00 feet South of ~he southeastern corner of 3rd and 16th Streets; thence easterly along the 8out~rn line of Lot 51, 150.00 feet to a point i~ a 20 feet wide alley; thence soutbarly along said alley 40 feet to a pointi thentle westerly along the nort.henl line of Lot 53', 150.00 feet to a point on 16th Streetl and thence northerly along the eastern side of said 16th Street 40 feet to the place of BBGINNING. BEING Lot No. 5:2 on Plan of lote known as Greater Harrisburg Estate of Jackson Free" and. recorded in tbe Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 1, PagQ 20. ALTA CDll'IIIf-anen" Schec1llc c: BQd506rAGF,. 680 b...u..' L" , r~' ""..-."',:,1 ,~,- -"- " - ~~i; " WlIE.'1 RRr:OROED MAlL TO; EOUI~Y ONE. INCORgORATED 45109 LQUISE DRIVE, SUITE 106 MECHANICSBURG, PENNSYJ;.;VANIA [Space Above Ihis Woo l"or Reconung JJataJ 1-4 FAMILY RIDER (Assignment of Rents) THIS 1-4 FAMILY IUDEk is made this 7th dayof DECEMBE:R, 1998 ,and is incorporated into and llhall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security lustrument") of the RaIne eWe given by the undenigoeU (~.~Jl'Iowe:r") to securc Borrower's Note to EQUITY ONE, INCORPORATED, A PENNSYLVANIA CORPORhTION (lb. "l.eode.-") uJ" lb. ""'"" _ muI coveting lbe Property de=ihed in lb. Security Instromonl and loeated at: 125 S. 16TH STREET CA;'lP IlILL, gllNNSYLVANIA 17011 11'rop<>r.,)'.\l!dR""1 1-4 FAMILY COVE~ANTS. In addition .0 fIre covenants and agreements tn8de in che Security lru;trum.elJ.l, Borrower and LeIJder further covenant and agree a.~ follows: A. ADDl'J'I()NAL PROPERTY SI:B.IF,cT TO TIlE SECURlTY J::qSTRUMENT. ill addition tu lbe Propcny described in the SecuTity rn,mumen., the following items are added to the Property dcscriptiQIl., I:IIK1 shall also constitute the Propeny covered by lh~ Security lnslrumcnl: bUilding materials, appliances and goods of every nature whatsoever now or hereafter locatW in. on, ur used, or int.ended to be used in connection witll the Property, including, but not limited to, those for the purp~ ot supplyinr, oc diSfrlbutlng. heating, cooling, electricity, gas, water. air and light. file prcmmLion and extinguishing apparatus, security and acceAA control apporatus, plumbing. bath tubs, water heaU..'I'$, water l;h~I8, sinks, ranges, stoves, refrigeromrs. dishwashers, disposals, washers, dryers, awnings. sl.oJm WindUW8, slormdoors, screens, blinds, shadt:ll, curlaims and twtain rods. attached mirrors. cabinets, panelling and attached floor coverings now or hereafter attached to the Properly, ~ of which, including replacements and additions thereto, shall be deemed. tCt be and remain a plitt. of the Property covered by the Security JnRlnunenL All of the: foregoing together with the Property described in the Security Insfl'lllmmt (or the leasehold esl.a1e it the :kl.:urily lmi~l i~ un a le3llehold) are refcrred to in this 1-4 Family Rider and Security IDSlcumem at the .Property". B. USE OF PROPERTY; COMPLIANCE WITll LAW. Borrower shall not seek, agree tu or make a change in the use of the Property or i[S zoning classification, unless Lender has agreed in writing lU \he; cluwg~. Borrower sball comply with all laws. ordinancca:, rcgulatiOJJS and requirements of any governmental body applicable to the Pmpeny. C. SUllOWlJNA1:E 1.1EI\S. Excep'8S pennitted by fedenlllaw, llurrower :thall not allow any lien inferiur to lb. Security Insuument Ie) be perl'ected against the Property without Lender's prior wri.ten pennissian. D. RENT LOsS INSURANCE. Borrower shall maintain iIUlur.uu.:e agaiIwl mn wss in adclllion Lo tbt:: utller h.azards for which insura:rn:e is -required by Uniform CuvcnanL S. E. IlBORROWER'8 RIGHT '1'0 KEINS1'ATKlt DELEl'KD. Uniform Covenant 18 is delered. F. BORROWER'S OCClIPA:'IiCY. The first sentence in Unifonn Covenont 6 concerning Borrower's occupancy of the Property is dell:ted. All remaining oovemmts and ~lll set. forth in Uniform. Covt:lWlll 6 shall remain in eLTect. G. ASSIG!\~'T OF LEASES. {;pon default by the Borrower, Leude:r shaD become U1c as&iAnee o:t" a111cascs of the Property and all security deposit:s nw:1e in connection with leases of the .Property. Upon default, Lender shall have lhe right to modify, ~xfell.d or tennbWe the existing leases lUld to execllte new leases, in Lender's sole dUlcretion. As used in Chis pilI'agraph O. the word "lease" shall mean "sublease" if the Security ln5tnunent is on a leasehold. D. ASSIGN~ OF RENTS; APl'OL';T;IIElI."r 01' RECEIVER; LENDER IN l'OSSI!SSIO~. Borrower absolulcly and ul1COJlditionally assigns and transfers to Lender all the rcnIJ and r~enues ("R.cnts~) of the Propeny, regardless of to whom the Rents of the Property are payable. Rorro~'er authorizes Lender or Lender's agent.s to coJlect the Rents, ana agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, BUlTUWl,.'T !hall re,,:c;i\'e the lb."JIl.5 unill (i) L.:ndc.:r hall given :8Qrrowl;f ruJtiCi,: of dl;:fault plU'lj:u.aDt. tu ptttagraph 21 uf 11ll.: .Security In6tmment and (ii) Lender 11m!" given notice to rJle tenant(s) that the Rents are to be paid to tender or Lender's agent. This assignment of l<<nts constitutes an absolute assignment and no. nn assignment for additional aecurity only. If Lender gives notice of breach to Borrower: (i) all Rents received by BorroweI shall be held by Borrower as tmstcc tor the bcnctlt of Leeder only, to be appllcd to thc SUD secured by the Security Instrument; (il) Lender shall bc entitled to collect an<ll'ecelve all of the Rents of the Property; (lij) Borrower agrees that each tenant of the PropertY shall pay aU Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provtdc:~ ol.heI'WLic, all Rculli OOUl.:ClW by l.c;ndcr or U;nlkr'::I agcnlll ~h311 be applied filllL lU the CUtlhl or I.aking COII\rol of and managing the Property and collecting the Renta, including, hut not limited to. auomey's fees, receiver's fees, premiums on receiver's bonds, repair and maintenanee costs. in.wrance premiums. taxes, a.wsmnent1 and other chqe!li on Ole Property, aud lb.eo. 10 Lhe lliWI1S tic:cum1 by me &curily In.~lrum=nl; (v) under, Lender'5 agents or any judicially appointed receiver shall be liable to account f(Jl W1ly tho&e Rents aclually receivtd; <md (vi) Ltcdt:l slla11 be entitled lo have 0. receiver appointed to take pOll8eli~ion of ~nd manage the l'ropcny and collect the Roots and profil$ dmved. from 1he Property without an).' showing as I.u the: lnad~\1al.'Y of the Property as security. ~TI8TAl'E RIDER .1-4I\lmlly .IINMAtFHL.\lC MODlPIED D:STRUMENT lCX'.3OIlU.l'.OY.I..t/ll I'J&tloU Fmm :\170 (9i9<l) Bood506 rAGi ,;&81 ,",of - " '<' ~ " -< 'tM:./, '. . If the Re:o.ts of tire Property are not sufiicient to cover the costs of taking control of and managing the Property a.ru1 of (oUeeting the Rents any funds expended by ~'[ for .such purposes shall become irtdehtedncss of Borrower to Lender secured by the Security Instrument pursUllIlL to Unifoml Goven$flt 7. Borrower represents an~ \\'8IT'1lntli' that Borrower has not t;XCCUtOO any prior assignment of the Rems and luis not and wiU not perform any IICt dUlt would prevmt Lemler !iDOl exercising its rights under this paragraph. Lender, or Lcndt:r's agents or a judic1ally Ilppo'inted receiver, shll11 Iiot lie n:quircd lO etiter upon, take control of or maintain the Property before or after giving notice of defau1~ lO BotrOwer. However, Lender. nr Lender's agents or a judicially Kppointed receiver. may do so at any time whro a default occurs. Any application of Rents shall not cure or waive any default or invalidare any other right ur l'tJncdy of Lender. "Ibis tlssignment of Rents of the Propetly shall terminate when all the mrns secured by the SecuriLy In&trwuent are paid in full. ). CROSS-DEFAVL'l' -PROVISIOS. Borrower's default or bri:w.:1I under any note or ngreement in which lender h38 em. interest shall be a breach under the SecUrity Instrunuml and lender may invoke any of the remeWe.s PcmllU.ed by Security llUitrument. BY SIGNING BELOW. Borrower accepts and agrees to the tmns an Borrower Rider. ~P~/ RRIC R, D FENBl\CH (Sea\) Bnl'l'ower (Sean Borrower (Sean Borrower (Sean Ilorrower (Sean Borrower MULTlSTATE :RIDER - 1-4 Family - t1NMAlflll.MC MOOlFIBD lNSTRUMIlli'T lCCDW.bQl'-lJIiH I'Ioio: 1 ~r1 FOllIl 3170 (9/90) .Bood506,AGE M82 I, I '. OE. ADllENDUM TO MORTGAGEfDlrnO OF TRUST/ DEED TO SECURE DEBT/SECURITY DEED 'Ibis ADDENDUM TO :.lORTGAGElDEED OF TRU~'T/I)EHD TO SECURE DEBT/SECURITY DEED (also known as 'Se<uril)' Instrument') ill made this 71.h doyaf DECEMBER, 199B . and is incnrporakd iuto and ,&menchl the Security Inalrument of the same dak: given by the undersigned (the "Bortower') lo seenre I!ormwer's Note (the . Note") to EQUITY ONE, INCORPORATED, A PENNSYLVANIA CORPORATION (the "LcnderU) of the saine date and covering the Properly described in dIe Security lnstrumcat and '(l~ at: 125 S. 16TH StREET, CAMP HILL, PENNSYLVANIA 17011 (rrllpl.'ItyAddress) In addition to the oovcnants and agr<:cments made in the Sec..-urily mSlnUneDt, Borrower and Lwdet furtl1er agree as folloWll: 1. If the Security Inatrumeol. is a Second Mortgage FNMAlFHLMC Unifurm Instrument, th~ the paragrnph entitled. "Payment of Pc1ncipal and Interest1' is amendod to include prep8ymeDt t;:hargl,'S as provitled in HIlY Prepayment Rider exet.'Utc:d in L'QXlDection with the Note. 2. The paragraph of the Security Instrument entitled, "Applicatiun ur Borrower's Payments" ~r altemate1y llApplitatioa ur Paymeofs, II is deleted in irK t:nUrdy and the application af payments is governed by the NOl.. 3. Unless prohihited by applicable law, the paragraph of the Security Inst.rumc:nL entitled. W Acceleration; .ll.eiD<<Jk:!itl or alternately wLeoder",s .KigblS Jf BorrowL'l' Falls to Keep Promises and Agreements, tI i" rupplerw:nLW by adding the tol1owing provisions: . Additionally,1.ender may require ul1l.nediate payment in full of the entire aLDOWlt remaining unpaid umlt:r we Note &nd tb.i.a Security IMttument, if: (1) On applictWon of Lender, two or more ill5urance companies Licensed to do bu&iness in the Stare in which lhe Property i9 located. refuse to i5$ue policies insuring the buildings and improvements un the Property; Qr (2) Borrower rails 10 makl: any pa)'111Oll1 required by . senior 1IlOItll"ll". 4",4 of trosr, d<!ed 10 ~ure debt or other security instl'UDlent encumbering OT aJ1Ccling Ihe Pmpeny or fails to keep any other promise or agreement in any senior mortgage, deed of trust, deed to secure debt or olhcr 51ecurity instrurneJtt mcumbering or aftCcting the Property; or (3) Any representation made: or imormation given to Lender by' Borrower in coIU1CCl.iun with Borrower'!; applic:a1.ion for the loan e\o'idenced hy the Nole is false or mi5lcading in any material l'Cs[)Cct; or (4) Borrower allows the Property to he llSt:d in t:onnection with any illegal activity.. 4. Par B. loan secured by Iowa real property: a. The followina sentence is added lu the end of the paragraph of the Security Instrument entitled, PRclease" or ahemately "Redemption Period:W ~Bo[[ower ihlll pay any recordation and/or uffIcial cosl& in connection with this mortgage." ~ULnST^TFi ADnF.NDI/M 'ro ISTaND FNM^,FHI,~ SFr.IJRJ'I'Y n"STRUMeiT CiF.NEIUC (4/30!98). !tIlORl' tURN """""'" AMClIIt:SU.USM ~~IGr. 8Qod506PIGE .G63 I. I,'~ " '.'~' .",,;." ""Iilmlii:l .,- Of b. Language is lidded to the Security Insuwnent as follows: "NOTICE TO'BORROWER. I UNDERSTAND TIlAT HOMESTEAD PROPERTY IS IN MANY CASIlS PROTECTED !'ROM THB CLAL~[S m CREDITORS AND BXEMPT FROM JUDlCLIL SALE; AND TflAT BY SIGNING TfIlS MORTGAGE. r VOLUNTARILY GlYE lIP MY RIGIIT TO TflIS PROTEC'l'10N FOR THIS MORTGAGED PROPERTY W1TII liESPECT TO CLAIMS BASED UPON THIS MORTGAGE." c. If the Security Inwument is a second Dr junior priority Security Instrument. then the following "Ppli..: Unlt!ss utherwise preempled by applicahle federal or other law. the pn..--payment penalty and a.ttunu:ys' fees provisions from paragraphs I, 3,7,18 and 21 arc deleted in lheirentirety. 5. 1he paragraph of the SeI..'Ill'iry InslrumCIlt euritIed, M'I'ransf'er of the Property or a Btm.eficial Inte:'est lD Borrower, n W IIlncDded by changing the notice of dcfauH or acceleration to be at least 60 00)'11 iCthe loan is. secured by a secondary 1ienoD real property in the State ot't::Onnecticmand at least 35 days if the loan is secured hy a lic:n em n:a1 property in the State of Oklahoma. 6. FOT a lnan secured by KanIIal!I real prupeny. it'tlte Security Instrument is Form 3017, lhe lastsenlence in the paragraph endUed. to Acce1eradonj Renu:dics, It is deleted and n:phu.:cd with Ule following: "LeI"der 5haIl be eutitled to coIltd an \'eIlSOnable expenses ioturred in pursulDJ: the rtnlf'dics JK'OlIided in this parDgraph, including, but not limited to, reawnable attorneys' t~ to the extent allowt!d by Hpplicable law. II In addition. the paragrapb entitled, "Attorneys' Fees," is ddeleU in its entirety. 7. For a loan secured by Ohio real property. the following langunge is added aftertlu: legal dt:scrl.pliOD 6CCti.on of the Security lrurtrument: "This mor4,'8ge is giveR UpoJl the statutory condition. "SCBLutory ConditiOllM is deimed in Sec.1ian :5302.14 or tbe Revised Code and pro\ides generally that if Bnrmwer pays tlu: indebtedness and perfonm the other obligations secured by tI1is mortgage, pays all taxes and assessments. maintains insurance against fire and other hazards and dot.:s nul commit or pennlt waste. then this mortgoge will becQme null and void." 8. Fo' . loan 'e<:ul'M by South Carolina real property: If the Security InsUumeDl is Foon 3041, the second scotencc of the paragraph entitled. "Waiveni," is delett!d. If till: Sc:curily lnstruruent is Penn 3841 the paragraph entitled, "Watvcr or Rlgbt of Appraisal, n is deleted. 9. The paragraph of the Security InstrumeDt entitled, ~Lltw That Governs TWs Security InstnunentlMurt,pp'" or alternately "GovemiDJ: Law; Severability, n is amended by deleting the nn;~ ~knce and replacing it with the tbllowing language: nThifi security Instrument shall be 80verned by federal law and, to ~ ex.tlml nul in(.VJlSU;lenl with or more restrictive than fc:detallaw or r(..'gulalion govt."ming Lcmh::r. the laws of the jurisdictioD in which the Propcny is located." MULTlSTA.TE ADD~DUM TO lSfJ2t1D I'NMAll'Hl.MC sa:::URITY INSTRUMENT (BiillUC W'Jl)lrilll- SHU1U' "'OKM 1l1"'-'lO:l4,-f.'5't AMGOml.Us.M 1'Ivc2of4 80011506 PAGE .684 J '~I ~ iti' OE . 10. If the Security Insl.nlmcnt i6 a ~nd or junior priority Security Instrument. theJ1 a paragraph is added 1.0 the Security Instrument as follows: 'WAIVER OF RIGHT TO INCREASE PRIOR MORTGAGEIDEIlD OF TRt:ST. Borrow", hereby WaiVCli Bonowcr"s righls if any, to increase 8D}' senior deed of trust, mortgage or other security inSttumeDt on rhe Property under any provision contained therein governing optional future advRDCeS, and. to the extent permitted by law. waives Borrower's rigllt.-; under any law wbicb provides for an increase of said priur dted of lrusl., mortgii8C', dttd lo secure debt or other llecurity mstrw:nenl. tu pay for repaint improvements. replacemenls, taxes, .lDunieipalliens,'assessmeuts or olhcr charges on die Property. If, IlQlwithstanding the foregoing waiver. such funds are advanced to or on behalf of Borrower. whether volwuarily or iovoluntarily, Borrower agrees that Lender, at its option. may accelerate the Indebtedtwss """II.'d hereby." II. A provision is added to the Security InsU'UIl1ellt as fol1w'S: . "Botrower hereby acknowledges receipt, without cllarge, or a true copy of the Security Instrument." 12. Escrow WaivU' IX] If the box above has hem cht'Ckt:d, Umkr waiv~ the requirement for Borrower \.0 make payment to Lender for the escrow items referred to in the paragraph ot'. the Security Instrument entitled, nFunds\.'\Ioolhbo Payments for Taxes aud Insu.rancc. n Rorrower shall pay these obligations on time directly M the person owed payment. Borrower shall promptly furnish to Lender IllI notices of amolD1l5 to be paid under thi.s paragraph, and receiplS evidencing such payment. UnleSll atherwilie prohibited by applicable law, Lender reaerve~ the right to require Borrower to make payment to Lender for the escrow items referred to in the paragraph of the Security Instnunent entitled. IIFwllls\.\fonthly Payments for Taxes and Insurance, I' if Borrower defaults in the paYlaenl of such escrow items and such default is not cured within lhe time 5Ct forth in any I10licc sent to Borrower by Lender. Lender reset\'es such right even though Lender did not establish such escrow a.c<:ount as a condition to closing the Joan. If Lender requires Borrower to:make payments to Lender as provided hcn.in. Llu: provisions uf !he parlgl'"olPh uf the Scl.."Urily Ixurtt'UlI1\mt WlUtled, "l"uocb\Monthly Payments for 'fUtlt and lDsunwl;e" will be in full l"orct: IIIld eIrecL 13. A paragraph is added to the Security Instrument as follows: "FORCE Pl~ACED 1l\"SURANCE. Unless olherwise prohibiced by applicable law, if Borrower does not provide Lender with evidence, of ln~rance coverage (for any type of insurance that is required by Lender), Lender may purchase insurance tlI: Borrower'$ expense to protect Lender's intereSts in Bouowcr's Property. This insurance may. but neW nOl, protect BoUOWl:f'/i in.tm:&Ui.. The cuvuage that l.ender purchases may not pay any claim that Borrower makes or any clail1l that li n~e aAainst Borrower in connection with the Property. Borcolh'er may Jarer cancel any insurance pul'Cbased by Lender, bul unly afu.T plOvidlng Lt.1I1dor with <<.-"Vidence that. Borrower bas obtained the required insurance.' If I.ender J'lUrcbases insurance for the Property, Borrower will be lC!:IptlDlliblc 1br Ihc CUSla of thBt insurancel including the insllt'Dnce premium. interest at the rate J11'flYided by me term! of The Note and any otber Charges that the Lender or the insurer may impoSe in connection \\irh me placement of the inaurancc (for example, a fee from the carrier for proee5sWg lhe Corce phu:ro insUTfloce), until the: effective dale of the cancellation or expiration of the insurance. 1be costs of tbe insuram:e may be added to Borrower's total outstanding bnlance and secured by this Security luBlIum.:DL. The cwsls may be more than the cost of insurance that :Borrower may be able to obtain directly because I.ender will be puroIlbiling imlurlllll:C undcr a general policy that does not consider Borrower's individual insurance sim.nr:inn, ft M111.l1STATI\ AmmNDUM TO 1ST/2ND I::-.lMAJATI.MC Sr;cCIUTY ~STRUMEfo,T ~NI:iRll: (4fJu/9.!I) .liHlJXT MIX"" HNolOWi&'9!l AMOO1>B.lISM h;r:hl"f .Bood506rAGE .685 I~',,-~ ,'C .t'g Oil . 14. A paragraph is w.1dcd to the Security Instrumel1I as follows: .Veritication or reverificatioDof'the Property'li valualionor any other infonmtion nannall)' COntained in an appraisal may be required a~ pm oj Lender's ongoing- quality tontrol pro'-'Cdl.Uts. Borrower agn:es to cooperate fully with Lender and/or its agents, SUCCl.:!;iSOnl or assigns in olltaining and completing a full appraisal in the future at Lender's liole option and expense." 15. If an Adj~lable Rate Ride( is executed in conjunction with the Security Instru.mcut. such fidCl is amended by: a) deleting me section entided1 "Transfer of the Property or a Beueficial Interest tn Borrower." and b} adding to tne section entitled. lllnterest Rate aad Monthly Payment Changes't (D) tlLimlts on Intcrecit Rate Changes," the following language: "My interest rate will never be less than 10.625 %." 16. If lhc Security Instrument is lWligned or transferred. all or a PUrUuu of Ihis AddeDduo\ lX1ay be voided at the option of rhe assignee or transferee. Any I.tnUS and provisionJ of this Addendum which are V~ided will be governed by Ihe orlgillallenna of tb. S..urity In~ t:1?~ ~~ ~~ ERIC R. DIEFFENBACH VICKI ANN DIEJo','ENBA Borruwer Borrower ll/'IITower Boml"" MlIl.TIS1A.'1'Ii. ADDF.NDHM TO 1ST/2ND FNM.\lFHl..\IC 55CURITY INS1RUME.~T GalSlUC (4I3ltIfJlI). SHORT FORM ...-.... AMfJlJI5~.USM l'ap~ Il".~ Boud506,4Ct .686 . I ---< '" '::1-.:' " ,l..'-'. :-'--~, OR" . ADJUSTABLE RATE RIDER (LIBOR 6 Month Index (As Pnblbbed In The W;dl Slr<<:t Journal) - Rat. C.".) TIllS ADIUSTABLE RATE RlDER js mnde tIlis 7th day or DECEKBER, 1998 . and is iru.:UlJlurutc:d intu and shall be ~ to ilmeIld aml supplement tbe Morlguge, Dm1 ofTrusl or Security Deed (the "Security hlSlrumenl") of Ihe same date given by the undersigned (Ule ~Borro\Ver~) to secure Borrower's Adjustable Rate Note (the "Note') to EQUITY Oml, INCORPORATED,.A PElI.'NSYLVANIA CORPORATION (the "Lender") of the same date and covering the propeny described in the Security Instrument and located at: 125 S, 16TH STREET, CAMP HILL, PENNSYLVANIA 17011 (I"ruperlyAlIdrcu) THE NOTE CO]\" AINS PROVISIONS ALWWII\"G FOR CHAKGES IN THE IT\'TEREST RATE AND THE MONTHLY PAYMENT, THE NOTE LnnTS TIlE AMOUNl' THE BORROWER'S INTEREST RATE CAN CHANGE AT MY ONE TL"IE AND THE :liAXlMUM RATE THE BORROWER MUST PAY. ADnmONAI. CO'Vli:NA1\'TS. In addition to the covenant!; and agreements mnde in the Security Jnstrument, Borrower and Lender further (;ovenant and agree as follows: A. INTEREST RATE A,'ffi MONTHLV PAYMENT CHA.'1GES The Note provides for an IDitiallmerest rate of 11.625 %. The Note provides for chllDges in me interest rate und the monthly pa)'IDl:llls, Wi follows: 4. INTEREST IlATE AND MO~THLY PAYMENT CHANGES (A) ebanee Oat.. The loterestratel will pay may cb"'lle 00 tile 1st day of Jl\NUlIRY, 2001 . and o. Ihat day every 6th month thereafter. Each date on which my interest rate oould change is caUed a "Change Date. " (B) Tho Index Beginning with th~ fint Change Date, my mtercs[ rate will be based on an Index. The "Index" is the aVmlgt: of inler- bank offered ra~ for 6 month U.S. dollar-denomiualOO deposits in the London market ("Ubor~). as published in The Wall Strtct Journal. The !l10S. recent Iudex uaure available as of the first: business day of the month inullediately preceding the momh in which the Change Dare occurs is called the "Current Index.. II If the Index is 110 longer avallable, the ffOte Holder will choose a new index. rhar is based upon comparable infonnation. The Note Holder will give me notiec of this choice. (e) Calculation of Changes Before each Chunge Date, the Note Holder will calculate my new interest rate hy adding EIGHT- - ~ -- j>OtCl:Illa&epoint(s)( 8.000 %)toiheCurreollndex. The Note Holder will then round The result of fhls addition ro the nenresr one-eigbth of one percentage point (0.125%). SubjlXl 10 Ih~ limit&: &taWd in Section 4(0) ~low, tlIis rounded aIDlJunl will be my new Interesl rale untillhc n~t CllllIlge Date. The NOle Holder will then determine the amount of the monthly payment that would be sufficienr to repay the unpaid principal that r am expected 10 owe at the Change Dale in full on the Maturity Date at my new interest rate' in substantially equal pnyments. The result of lhiR calculation will he: the new art'IOum of my monthly payment. (D) Limits on Interest R.t. Chances The,iDtere&t rate 1 anI requir" to pay at the first Change Dale will not be greatct' than 13.625 % or less than 10.625 %. Thereafter, my intel'estratc will never be increased Qr decreased on any singIcCbangc Dale by morc Ihan ONE----- porcontagopoint(s)( 1.000 '%)fromtberate uf interest I have been paying for the preceding 6 m[mths. My lntere.<lt rare will never be gm.rer than 17..625 %. My int,erest rate will nevsr be less than ~.625%. (E) Erredi.. Dat. or Cbange My new inrerest rare will become effective on each Change Date. I will pay the amount of my nL'W monthly paymenl beginning on the first monthly paymenl c1ate after the Change Date until the amount of my monrhly payment changes again. MULTlSTATE .\DJVSTABLE RATE RIDER-LlBOR Ii MONTH L'olDEX (AS PUBLlSIIED IN TOE WALL S'l'REET ,JOURNAL) - Slnsle F4nlII)' . Fnruzill Mae unircnn Instrumtnt 11t'mmo1!m I'qe 1 a(2 10nq31386194 ,. BDOK!506fAGE 1681 T " OE' , (F) Notice of ChmJa:es The t\ote Holder will deliver or mail to me a notice of any changes in m)' il1.terest rare and the amount of my monthly pnyment befure the effective date of any change. The notice will include intbnnation required by law to be given me and alSQ the: telephoue nwriber of <l p~ who will answer any question I may have regarding the notice. 8. TRANSFER OF THE PROPERTY OR A BENEFICIAL lNTEREbT IN BORROWER Unifurm. Covenant 17 of the Security Instrument is amended to read as fnUows: Trl1n...rer uf the Property or 8 BeMf1ciuJ Interest in Borrower. If all or MY part l'If the Property or any interest in il is sold or transferred (or if a beneficial interest in Burrower is sold or h1msferred and Borrower i!i no~ a natural person) witboUl Lender's prior writtenoonseD.t, Lender may, at il~ option. require immediate payment in full of all sums ~l:Cuted by this Security InstrumcnL. However, this option shall not be ~ised by Lc:nder if exercise is prohibited by tederallaw u of the date of Ibis Security InstnlIIlCDl. Lender also shall not e;tetcisc this option if: (a) Borrower causes to b: submitted to l.ender information required by Lender to l:valuale the imended transferee a... if a new loan were being made to the transferee: and (b) I..ender reasonably dctermines tha1lender's ~ecurity will nol be: imtmired by the loan assumption and that the risk of lI. breach of any covenant or agrccmcnt in this Sccuri~ Instrument i.li 8CCl..'P1able to Lender. 1'0 We ~l penniucd by applicaNe law, lender may cllarse a reawnable fee as a condilioo to Lmder'$ coll5t'Dtlo the loall assumption. Lender also IDa}' require the transferee Lo sl.gn an ti8SUmption 8grt:t:ment thaJ is acceptable to Lender and that obliQatcslhc transferee to keep a1llhc pror:niscR and agreemeDbi made in the Note and in this Security wtxument. Borrower will continm: to be obligated under the ){ote and this Security Instrument unless Lender rc1cascs Borrower in writing. 1t" Lender exercises the option to n:q,uir.e i.mrncdiare payment in luU. Lender shllll give Borrower notice of acceleration. The notice shall provide a period. of not less than 30 days from the date the notice is delivered or mailed within whith Borrowc.r must pay all sums secured by Lhis Security Instrument. If Borrower fails to pay these sums prior 10 the cxpil"l\t:ion of this period, Lender may invoke any remedi~ permitted by this Security InStruJnL."Dl without further notice nr demaud on Borrower. BY SrGl'iING BELOW, Borrower lICCeJllS and agrees 10 lhe terms and covenants oontaint:d in pages 1 and 2 of this Adjustable Rale Rider. ~,e~ ERIC R. DI F NBACH ~,.~~~~ Bu.rmwcr VICKI Ab.'"N DI8FF .... (&!a1J .,"""" """) Borrower (Seal) Bom>.... (Seal) Dorrower (8") Borrower MULnnA.TE ADJUSTAUW ,RA'fE RlDER-LIBOR.'}ION'IH INDEX (AS PUBtISHED IN THE WAU. ~""R.El."'J' .IOCRNAI.) . SlI18k: Flullil)' . FlImle Ma~ Umr.rm lDstnuntDt. tfl'43OUG,l'C....z,'fl l'II,shfZ FlII'mJ138fiJ94 Stat'! of pennsY\Vania} 86 COIJr,ty of Comberland Rt! 'ded~i the offic;:e for the recording of Deeds e.. and f berland County, . In ~._pag ()17' wn s myha lofom' 1;1 l) C.rh e, thi d 1~ / :.';. ...- , 'cP1J.!-;:'?;';'."~~> ,'" N....~. ~, -.'fi:..;" .''':;' ..,r. ,. .~.".'.'..:',:,:"",;~"::.:.,....,,,.;,:.~:,;,., :'~.1.r,:. :: ~ :.;c...'.,~4;. ",;, .:_:..' .t".~ ,_'!'V,,,~ ~,...... _,......:;..... .~!..~w.... .,.-......"-'t..... ..~'*I:l~... . .lOod.506 fAGt .688 .. "'''. > -", '0~;') L.I 'j;,:[ 'Ii, t. · ! ADJUSTABLE RATE RIDER (LIUOR 6 M I th II~dCX (As Published In. The Wnll Street Journnl) w Rnte Cups) TJ-!IS ADJUSTABLE ItAT RIDER is m,de this 7th d'yof DECEMllER, 1998 , ,nd is irtcorpor:ltcd into and shall be:dcc cd to amend nnd supplement the Mortgnge, Deed of Trust or Security Dccd (the "Security Instrument ") of thc snme dlttC gi 'n by the undersigned (the IIBorrower") to secure Borrower's Adjustablc Rnte Note (tile "Nole")/o EQUITY ON'E, INCORPORATED,.A PENNSYLVANIA CORPORATION I I (the "Lender") of thc snme (]nte , . d covering the property described in the Security Instrument :md Iocnted at: 125 S. 16TH STREET, 1 CAMP HILL, PENNSYLVANIA 17011 " , THIl NOTI~ CONTAINS I )WVrSIONS ALLOWING FOR CHANGIlS IN THIl INTIlRIlST RATE AND THIl MONTHLY PAYM ,NT. THIl NOTE LIMITS THE AMOUNT THIl nORROWIlR'S INTEREST RATE CAN CriANGE A 1Jj ANY ONIl TIMIl AND THE MAXIMUM RA TIl THIl nORROWER MUST PAY. Ii (PropcrlyMdrc!l!l) ADDITIONAL COVENA 's. In a(]dition to the covenants and agreements mnde in the Security Instrument, Borrower rind Lender further covenant 'nnd gree' as follows: A. INTEREST RATE AND IV bNTm_Y PAYMENT CHANGES 111e Note provides ror nn in' ial interest rote of 11.625 %. 111e Note provides for changes in the interest rate and the monthly payments, as fall ws: i 4. INTEREST RATE AND .ONTHLY PAYMENT CHANGES (A) CIHlnge Dotes , I The interest rntc I will pny illY change on the 1st day of JANUARY, 2001 , and on thnt day every 6th montl ,thereafter. Each date on which my interest rote could change is called n "Change Date.. (ll) The Index '; Beginning with the first ChOl e Date. my interest rate will be based on an Index. The "'Index" is the average of inter- bank offered rotes for 6 month U. . dollar-denominated deposits in the London mnrket ("Libor"), ns published in The Wall Street JotlrnnI. The most rceent ndcx figure available as of the first business day of the month immediately preceding the month in which the Change DOlte ccurs is called the .Current Index. ~ If the Index is no longerhvni llble, the Note Holder will choose a new index that is based upon comparable information. The Notc Holder will give me no 'cc of this choice. (C) Calculation of Cha:i1g Before each Change Dat~. th Note Holder will calculate my new interest rate by adding EIGHT- - --- I percentage point(s) ( 8 . 000 %) to the Current Index. The NOle Holder wiU then nmnd1lhc result oj' tbis nddition to the DC1Irest one-eight]} of one percentage point (0.125%). Subject to the limits stnt(,'(! in:Sect on 4(D) below, this rounded amount will be my new interest rate until the next Change DaLe. _ ; The Notc Holder wi1llh~n d ! crmine the amount or the monthly payment that would be sufficient to repay the unpaid prillcip~llhal I am expectcd to 0 nt the Change Date in full on the Maturity Date at my new interest rate in subsumtially equal payments. TIle result o~ thi Icalculntion will be the new amount of my monthly payment. (D) Limits em Intcrcst !tnt !Chnng(,'S The intercst rate I am rcguir . to pay at the lirst Ch:mgc Date will not be greater than 13.625 % or less than 10 . 62 5 %. 111ercnrtei". m: interest ratc will never be increased or decreased on any singlc Change Date by morc than ONE-----, percentagepoint(s)( 1.000 '%)fromtherate or intcresll have been payin~ for he preccding 6 months. My interest rate will ncver be greater tha~~ 17.625 %. My:in ,erest rate will never ba less thaI) 10.625 Ql) ':::.>\J (R) Errc.-cHve Date of qhnn 'c My ncw interest rate wili be mr; errcclivc on each Change Date. I will pay the amount of my new monthly payment beginning on thc tirst monthly pa plent date aner the Change Date until the amount of my monthly payment changes again. I MUI:rl!-....I.A.m A!)JUS'1'I\nu~ R,~m I ~Dlm.Lmon 6 MONTII INDEX Form 3138 6/94 (AS l'UIII.ISlIlm IN '11m wAuj,"nt :I~' JOURNAl.) - Single PRmily ~ Fllllule Mml Ullirllrlllll~~trnll1elll 1tl'4)U)1~.11I'n l"EO I of1 , ~ 'L.' 1 , - ~-'hd OE (F) Notice of Changes The,Note Holder will d~live or mail to me a notice of any changes in my interest rate and the amount of my monthly pnymenl before the effecrjve;date of any chnnge. The Dalke wjJJ include infonnanon required by law to be given me and 'also the telephone number ata p ! s~n who will answer any question I may have regarding the notice. B. TRANSFER OF THE PR PERTY OR A BENEFlCIAL INTEREST IN BORROWER Uniform Cove-mmt 17 of Ihc!Security Instrument is amended to read as folJows: Transfer of the Pr~per or a Beneficial Interest in Botrower. If all or any part of the Property or any interest in it is sold or trans rred (or if a beneficial interest in Borrower is sold or transferre~ and Borrower is not a natural person) without nder's prior written consent, Lender may. at its option, require immediate payment in full of all sums secured b this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by': fed 'rallaw as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower ~aus to be submiUed to Lender information required by Lender to evaluate the intended transferee as if a new loan w re being made to the ttansferee; and (b) Lender reasonably determines that Lender's security will not be impair by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument i acceptable to Lender. To the extent permitted y applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to tIle Joan assu;npf n. Lender also may require the transferee to sign an assumption agreemenltJlf1l is acceptable to Lender anid th , obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrume It. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Bor er in writing. If Lender exercises :the ption to require immediate payment in full, Lerider shall gjve Borrower notice of acceleration. TIle notic~ sh provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borro r must pay aU sums secured by this ,Security Instrument. If Borrower fails to pay these sums prior to the.:ex.p ation of this period. Lender may invoke any remedies permitted by this Security Instrument without fur/her n tice or demand on Borrower. " ..5'_7/ CG .1\. f~. ERIC R. DI F i r accepts and agrees to the terms and covenants contained in pages 1 and 2 of this I I , (S"l~~~ Borrowtlr VICKI ANN DIEFFEN ""01 (SelIl) Borrower BY SIGNING BELOW. Adjustable Rate Rider. (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower MULTIS'l'ATE ADJUSTABLE RA1'n: (AS runUSIlED IN 'rnE WAL~ ST 111'4J0326,1'C,,'t,.12I'11 mEn-LIDOn. 6 MONUI INDEX rE'r JOURNAL) . Single Family. Fallnle Mlle Uniform Instrument p,~1or2 Form31386/94 - , .,~, , , I WI-lEN RECORDED MAIL TOI EQUITY ONE, INCORPO TED - , Q909 LOUISE DRIVE, SPIT MECHANICSBURG, PENNSJfLV pace Dve liS me or eear mg ala 1-4 FAMJ::LY RIDER (Assignment of Rents) TI-ITS 1-4 FAMILY){ IR is made this 7th day of DBCEMBER, 1998 . and is incorporlltcd into and shall be deen l d to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the snme date;giv by the undersigned (the "Borrower") to secure Borrower's Note to EQUITY ONE, INCORPORATED, PENNSYLVANIA CORPORATION (the "Lender") of the same da~e covering the Property described in the Security Instrument and located at: 125 S. 16TH STREET CAMP HILL, PENNSYLV [Properly AddressJ , I 1-4 li'AMILY COV~NA 'So In addition to the covenants and agreements made in the Security Instrument, BDrrower and Lender further *ove ant and agree as follows: A. ADDITIONAL P\W RTV SUBJECT TO THE SECUR1TV lNSTRUMENT. In addition to the Property described in the Security Instr~me ,'the following items are added to the Property description. and shall also constitute the Property. covered by the Secuiity I strument: building materials. appliances and goods of every nature whatsoever now or hereafter located in. aD, or us~. 0 I intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or 11stributing heating, cooling, electricity, gas, water, air and light, fire prevention and ~xtinguishing apparatus. security. d access control apparatus. plumbing, bath tubs. water heaters, water closets. sinks, tanges, stoves, refrigerators, dishw hers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, a acbed mirrors, cabinets, panelling and attached floor coverings now or hereafter attached to the Property, all of which, lncl ing replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Secu;rity nstrument. All of the foregoing together with the Property described in the Security lnstrument (or the leasehold eState f the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and Security Instrument as the "Proper ". n. USE OF PROFERT ~ COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or ~ts ning classitication, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinan~es, egulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE:iLI S. Ex.cept as pennitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfecte against the Property without Lender's prior written permission. D. RENT LOSS INStJ NCE. Borrower shall maintain insurance against rent 16ss in addition to the other hazards for which insurance is requir~ by pnifurm Covenant 5. l E. I1llORROWER'S::RI HT '1'0 REINSTATE" DELETED. Uniform Covenant 18 is deleted. F. naRROWER'S ~C PANCY. The first sentence in Unifonn Covenant 6 concerning Borrower's occupancy of the Property is deleted. AI1:rem ining covenants and agreements set forth in Uniform Covenant 6 shall remain in effect. G. ASSIGNMENT <!>F I ASES. Upon default by the Borrower, Lender ,shall become the assignee of all leases of the Property and all security d osits made in connection with leases of the Property. Upon default, Lender shall have the right to modify, extend or ~e nate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word ]"lea e" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT t;lF ENTS; APPOlNTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely ~d conditionally assigns .!Ind transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whqm t Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that ell tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents ntH (i) Lender has given Borrower notice of default pursuant to paragraph 21 of the Security Instrument and (H) Lend has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Renb c stiMes an absolute assignment and not an assignment tor: additional security only. If Lender gives notice of reach to Borrower: (i) aU Rents received by Borrower shall be held by Borrower as trustee for the benetit of Lender 0 Iy, to be applied to the surI}s secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all 0 the Rents of the Property; (Hi) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid tq Le er or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Re~ts . llected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property an collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds~ rep ,ir and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to thel su 's secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be lia!11e t account for only those R~nts actually received: and (vi) Lender shall be entitled to have a receiver appointed to take ~oss sion of and -manage the Properly and collect the Rents and profits derived from the Property without any shoWing:jas t I the inadequacy of the Property as security. ' - ~ MULTISTATE RUlER . 1-4 ItlllllilJ,' -,r MA/FlILMC MODlAED INSTRUMENT Form 3170 (9/90) lCC)llll22.l1QY-ll\lll "I I . Pagelg(2 '. - ",' '~ '"--"~[" '~;~ , -. . .,- 't- . ( _ll'~' If the Rents of the Pr~per arc not sufficient to cover the costs of taking control of and managing the Property and oJ' collecc~ng the Rents wy funds pended by. Lender tor such purposes shall become jndebter.lness of Borrower to Lender seeu"red by the Security Insfruinen pursuant to Unifonn Covenant 7. Borrower represents ~d arrants that Borrower has not executed any prior assignment of the Rents and has not .md will not perform any act that auld prevent Lender from exercising its rights under this paragraph. Lender, or Lender's age s or a judicially appointed receiver, shall not be required to entcr upon, take control of or maintain the Property before 0 after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, tpay 0 so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other ight or remedy of Lender. This assignment of Rents of the Property shall terminate when aU the sums secured by the Securi Instrument are paid in full. ~ J. CROSS.DEFAULtr' P OVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shan be a breach I der the Security Instrument and Lender may invoice any of the remedies permitted by Security Instrument. : BY SIGNING BELOW. I Bon-ower accepts and agrees to tile terms an I Seal e, Borrower Borrower Seal (Seal) Borrower Borrower Seal (Seal) Borrower Borrower I I MULTISTATE RIDER -1-4 FllllljlY' H..'CJOl!2).t.:QY.ll')ll _ ' MAlflHLMC MODlFlED INSTRUMBNT I'ag.lzorz Form 3170 (9f90) . I -,- ,'- . ~ ~ ~ ,', ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE April 4, 2001 TO: ERIC R. DIEFFENBACH 125 S. 16TIl STREET CAMPHILL, PA 17011 VICKI ANN DIEFFENBACH 125 S. 16TIl STREET CAMP HILL, PA 17011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TillS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mort~a~e 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 pa~es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save your home. This Notice explains how the program works. To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF TillS NOTICE. Take this Notice with vou when you meet the Counselin~ A~encv. The name. address and phone number of Consumer Credit Counse1in~ A~encies servin~ vour County are listed at the end of this Notice. Ifvou have any auestions. you may call the Pennsv1vania Housin~ Finance A~encv toll free at 1-800- 342-2397. (Persons with impaired hearin~ can 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 NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADA ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDA SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. ... , lal , t' _ ~J"-' _,_' , "'C _ _ _ ~"'.'._,;; .. ~ CURRENT LENDERlSERVICER: STATEMENTS OF POLICY ERIC R. DIEFFENBACH & VICKI ANN DIEFFENBACH 125 S.16TH STREET, CAMP HILL, PA 17011 0801231200 EQIDTY ONE, INCORPORATED, A PENNSYLVANIA CORPORATION LA SALLE NATIONAL BANK DIVISION OF SUPERIOR BANK FSB HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE ANDIIELP 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 ELIGffiLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HA VB 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 you mortgage for thirty (30) day~ from the date oftbis 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 -Ifvou meet with one of the consumer credit counseling agencies listed at the end of this notice the lender mav NOT take action against vou for thirtv (30) dayS after the date of this meeting. The names. addresses and te1eohone numbers of designated consumer credit counseling agencies for the county in which the nrODertv 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 innnediatelv 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 fmancia1 assistance from the Homeowner's Emergency Mortgage 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 Pennsy1vauia 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 LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. '"~I ,-. ,_, L "'1,1\ 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 Pennsy1vauia Housing Agency of its decision on you application. NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TillS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT f ou have filed bankru tc ou can still a 1 for Emer enc Mort a e Assistance HOW TO CURE YOUR MORTGAGE DEFAULT !Bring it uo to date) NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 125 S. 16TH STREET, CAMP HILL, P A 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTIIL Y MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 511199 thru 111/01 at $943.35 per month and 2/1101 thru 4/1/01 at $1,086.79 per month. Monthly Payments Plus Late Charges Accrued: Attorney fee: Appraisal Fee: Interest on advances: Insurance: Other: (Suspense) TOTAL AMOUNT TO CURE DEFAULT $24,311.48 $50.00 $112.00 $69.40 $1,281.85 $0.00 ($169.95) $25,654.78 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not aoolicab1e): NIA 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, WIllCH IS $25,654.78 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WIllCH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. PaVlllent must be made either bv cashier's check. certified check or monev order made oavable and sent to: SUPERIOR BANK. FSB. ONE RAMLAND ROAD. ORANGEBURG. NY 10962. ATTN: JOE DELIBERTO. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not aoolicable) N/A. 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 innnediate1y and you may lose the chance to pay the mortgage in monthly iostallments. If full payment of the total amonnt past due is not made within THIRTY (30) DAYS, the lender also intends to iostruct its attorney to start legal action to foreclosure uvon vour mortgage DrODertv. I~.' j .-1 ,'."" , '^"~1, -. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, 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, iflegal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50_00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs_ If yOU cure the default within the THIRTY (30) DAY oeriod. YOU will not be required to Day attorney's fees. OTHERLENDER 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 orevent the sale at any time uo to one hour before the Sheriff's Sale. You may do so bv \lavin!! the total amount then oast due. DIns any late or other char!!es then due. reasonable attornev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as soecified in writin!! bv the lender and bv Derformin!! any other requirements under the mort!!a!!e. 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 POSSffiLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amonnt needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER- SUPERIOR BANK, FSB ONE RAMLAND ROAD ORANGEBURG, NY 10962 (800) 451-1093 CONTACT PERSON: JOE DILffiERTO EXT 4063 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 mayor XX 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, charge and attorney's fees and cost are paid prior to or at the sale that the other requirements of the mortgage are satisfied. . '..,I' ~ ,- - ^ .."__ Jo . _ ,,~ '^ YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF TIlE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE TIlE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT TIlE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTIlER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTIlER 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 IS ATIACHED. Very truly yours, -, . ~~, _. ..., - . NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ************************************************************************ 1. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. If you notify our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address ofthe original creditor, if different from the current creditor. . ,,- .-.:; -':"""-(", - :> , . 0'1..' _. ,. I ",J ~I ,.l -" ,. " .." .~- , 0 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES . CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YMCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, P A 17325 (717)334-1518 FAX (717) 334-8326 PENNYLSV ANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 ~ , , . . " l -. ,-.,"" ., ~- Law Offices of Gregory Javardian VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his /her information, knowledge and belief and understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. -"', ,,'.- ~ '_0_' --', .. f,;,~biH1,;;f>'f'.J1iW.lt1,lliili%1>1'ii1;i/il;!\'j;l;lti,~"~",~'i,~bl.lw.t1llill-~~ll>_'~'i', !:~"i;i'" ,~ -""J' "".,"';;d""~_''"'tlh'''';;;'~~iAI'~~i&IIi~~~""~-",,,Milir~t)j:ll , . tv n ~ ~ ~ (" ~ ~ ~ ~ h ~ ~ ~ o i., ...... , 9 CY 6' ~ -...l ~~ ~ -.......) ~ l~L<c_~?_~'" <~. ilL ~", ~LI][ .__tl\,:.,. .,- ijUf~""c,.~_,_~.JIjfI"J!lt ~JIL ""~Jo~'"_",~'_",_""" ,~_"_,,,,,,_,'^"""'-'" -"..0. . ,.-' '''~~-''''- - ^ . -~- ....'~'I1!.1t!Ill!IiI1Ilil\iljJjj~lilllM.mlliiIL'""IUil!\lll~I~ ~~ 0' ut'--:- I"n['.' ~t: (.0 ~': -...'~ .,,: S:::C. --3r- Z'r"'-;, r-"-'. ' ~-r--" C",=: 2: -< -< c.~ '""': C'\ --c G) J::- -"'.' ;C! -< " , ~ " ) . 8' ~ ~ 'I , ~LJ -, " .... SHERIFF'S RETURN - REGULAR CASE NO: 2001-02978 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE NATIONAL BANK VS DIEFFENBACH ERIC R ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE DIEFFENBACH ERIC R was served upon the , 2001 DEFENDANT , at 0009:15 HOURS, on the 31st day of May at CUMB. CO. SHERIFF'S OFFICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to STEVEN HOWELL, ATTY FOR DEFENDANT'S a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 Sworn and Subscribed to before -tC- me this A& day of ~ .26-<>/ A.D. ~f2.~~ r thonotary , So?~~~ R. Thomas Kline 05/31/2001 GREGORY JAVARDIAN By: ~~~Q J I I..I~J " - ~~""-" " ~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-02978 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE NATIONAL BANK VS DIEFFENBACH ERIC R ET AL CPL, MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DIEFFENBACH VICKI ANN the DEFENDANT , at 0009:15 HOURS, on the 31st day of May at CUMB. CO. SHERIFF'S OFFICE 1 COURTHOUSE SQUARE , 2001 CARLISLE, PA 17013 by handing to STEVEN HOWEL, ATTORNEY FOR DEFENDANT'S a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So An~ A/, .' ~ -~<=f~~ R. Thomas Kline Sworn and Subscribed to before 05/31/2001 GREGORY JAVARDIAN By, ~? ~epu eriff '\ me this .2{, ~ day of ~ rJ.tIV/ A.D. ~a~,# rothonotary . . \ ,. .",.' , ~ ~'. '-~ . . ':'~';:'<i .. LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO, 55669 13 10 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE !OI SOUTIIAMPTON, PA 18966 (215) 942-9690 LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 SERIES 1999-1 135 SOUTH LASALLE STREET SUITE 200 CHICAGO, IL 60603 COURT OF COMMON PLEAS CUMBERLAND COUNTY :n?8 No.: 01-~7 CIVIL TERM vs. ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 17011 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ERIC R. DIEFFENBACH and VICKI ANN DIEFFENBACH, Defendants, for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint Interest 4/12/0 I to 8/29/03 TOTAL $123,307.04 30.328. 10 $153,635.14 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ARDIAN, ESQUIRE intiff Damages are hereby assessed as indicated. DATE: g,~ '/, 2t1t13 t1>1{JUAAh v-f;/, PRO PROTHY . " "'..I <"" -, =. ~".", \)_: , LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 SERIES 1999-1 Plaintiff In The Court of Common Pleas Cumberland County v. ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH Defendants No. 2001-2978 CV TO: ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH 125 S. 16TH STREET CAMP IllLL, PA 17011 DATE OF NOTICE: AUGUST 13, 2003 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims se forth against you. Uuless you act within ten (10) 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. Cumberland County Bar Association Lawyer Referel)ce Service --2 Liberty Avenue Carlisle, P A 17 (800) 990- 0 (717) 249- 06 Gregory Javardian, Esquire 1310 Industrial Boulevard 1" Floor, Suite 101 Southampton, P A 18966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no baber tomado la accion requiida de su parte en este caso. Al no tamar 1. accion debida dentto de un termino de wez (10) was de eslo notificacion, el tribunal podra, sin necesidad de compararecer usted en corte 0 escuehar prueba alguna, dictar sentencia en su contra, usted puede perder bienes y ottos derechos importantes. . Debe Ilevar esta notifieacion a un abogado immediatemente si listed no tiene abogado, 0 si no tiene dinero suficiente para tal servicio, vaya en persona o Harne por telpfono ala oficina, cuy. direccion se encuentr. escrita abajo para averiguar donde se puede eonseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" cc: STEVEN HOWEll, ESQUIRE L""';''';!!"""~r.:lfj'N~C~,~""....I'd~lli~''oC'd;,f",{~M'",,,"-i<L.;l:LJi;iM{!:iA..~, ',~, h- :,j,";",'~;-'-'-:"" 'l,...,",;\,;ru,L"\"~""'Co.'bllh-Al~{~~i!o;i;~.lIifll;i","'~~",",,-~-- ~_~]~,~.,~L;t '_",'^ ,,= ~,==,~, .=. .~, ,_,,-,-,.,,' ~O., ",',""_ ~_' ,."",. ","._.,"'" __~ .. '"'_"~'" .__c ~" ~ o. ~~ ::3- ~ ~ - ~ ~ '- ~ ~ ~ "'* n ~ - <:' ~ '" <:> ---.:::, c;;- ~ .J..J -S) - ~ ( ~ ~ 5> ::> '3 tQ, 1-0 \ .~:- (") ~ ,0'[9- ~\;';\ Jj.~t.:_ tRi-~ '2;t; LC 770 b ".- y~ :2 -<) -:S- - <. , () ;:::<.'\ ~~ --:.:(3 '0;lt1 -.,~~,{~ /") -~~'. Z, .;-z. r-:~ .:.f\ ",:> " . ~ ,.;.."......... 1" I UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA INRE: ERIC It. DIEFFENBACH VICKI A. DIEFFENBACH Debtor{s) CASE NO.:c.b-Ol~2~ c 'g, ':f) CHAPTEif\?,.~..'_-'..'.'2 tJ, ;2"1'" .-:.\J:,..' :z:c. - ~ :i ''F ' .;:: ~~? r-.;c' ., ~- ~ '~~;6 ?;c..:;: .-<<-"( 1 N ::-,,'-1"1 5-c ~ :,::~ ~ ~ ~ :g ORDEl{ DlSMIS~ING CASE At, Harrisburg, in said district, on this c:2~IlY of June, 2003, Upon Certificate of Default by Trustee and it having been determined that the case should be dismissed, it is ORDERED that the case oftbe above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from furtherrespoIlS1Dilityin this case, and it is further ORDERED tlult all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. BY TIm COTJRT: ~~ B . ... 'rCVJUDGE ~1( FILED HARRISBURG PA .,,\ 24 ~f, "'~ Clerk, US. Bankruptcy Court 039375 - ',..' '- " '~- ~"a: LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 SERIES 1999-1 COURT OF COMMON PLEAS CUMBERLAND COUNTY ).'111 No.: Ol-~IVIL TERM vs. ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH VERIFICATION OF NON-MILITARY SERVICE GREGORY JA V ARDIAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) Defendants, ERIC R. DIEFFENBACH and VICKI ANN DIEFFENBACH, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) Defendant, ERIC R. DIEFFENBACH, is over 18 years of age, and resides at 125 S. 16TH STREET, CAMP HILL, PA 17011. (c) Defendant, VICKI ANN DIEFFENBACH, is over 18 years ofage, and resides at 125 S. 16TH STREET, CAMP HILL, PA 17011. (d) Plaintiff, LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 SERIES 1999-1, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 135 SOUTH LASALLE STREET, SUITE 200, CHICAGO, IL 60603. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. d~~;Y",j>.!~il.J~""'!\.-'1i1>'ROil,0..d,;",_.1';)3,,,.t.J'..,,,~;;Jr,,,,!j}-~i!!,'",~."",:"-"-","J::"_ul>_"'~;;""d_"~"~,;y";;:,,,,,"->,,,,"l,",,.;,~,,,>lt,;'iJ,'~~_~~~~- '5-. /:;0 ~.IIU-_ ~.IIL " .,," "',,':",..,,",,"''1'"'~.'',><_''' ~,.",'^' ~ _ .~~ o c g: -o..;'::D mn, Z~,. ~i~. ~:~:- :E~c /..-'C't j;c Z -~ -< - - CJ (.,j rf) r'1 -n I o -n :.:..1 Al;~ ~~~~ t9 '-~ij ~~!; ,-,;:D ~::;,M :::j ~ -, ~ .b -0 :,': ~ :51 ,.; ~ " . .-.......... ". l COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1199 SERIES 1999- I 135 SOUTH LASALLE STREET SUITE 200 CHICAGO, IL 60603 vs. ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 1701 I COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-2978 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE . TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due Interest from 8/29/03 to Date of Sale @ $25.25 per diem Subtotal (Costs to be added) $153,635.14 $ $ ARDIAN, ESQUIRE laintiff .' _"" "_0, >-, ~ - -~-} , ,) ;,~~i![~;,j\ll<~"'~..;;;;''''''ot!_b'''.,''''H",';c3",~",)(,,,,!,f;1.,,.:liiikhi<;'''-'-'-' c .,~-- ~BiMJ~~,;>~ -., '-!i!mlJflHi!#a(~W ,_",.j"-,f",\=,t>ii.FJ1;'~".j':"'~ 1CJ ~ ~ ~ p -- ~--~fIi r 1'l "-' Jl,...c!rlf~D Vl . ~O(,..() ~~ . '1 0 t.J ~ - . -:-... 0 0 () OC?-V --.....~ CIf 0 (:)p:: lK .t:::-....) (t "' f' D ().. , () ~'--O l'~ :: , ... ... 1-.t ::: .. .. ~ ~ ( ... ~ ... "\Yj , -. .... ~ . -I- I ~IIIL,~;^.;",~Utl_HJ11HJ,,:_T .J >',."',,_"-",'-R....c.,. ~[] '.'-"'-.,~- '.'..-" ,L,~.., ,- ~~,_-_I,;';llI- ~,.,,r"n_lt1Jl. ,_..e.,;." <. ~- ..__"_h"~'" "--,, "^-"'~-- -- " --, .~.~, >~ - 1DlI!llI_IIIIII~r o c.: z iJ[;: n1r' L::f- 2:.C S~;:_ r.;:,- ~:C L (. :;0;.... ~~, 'J .--~. ... i o w o " z c:-~ ""~- 1, r- :~d. ~T: -~,~j~: .~~ ?~~ in ~ >' :n -< {'0 C:, ':-? .;::, \0 .~ >^~~ ~ . ~>....> -',., . <C'_j[ " ALL THAT CERTAIN tract or parcel ofland and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point 240 feet South of the southeastern corner of 3rd and 16th Streets; thence easterly along the southern line of Lot 5 I, 150 feet to a point ina 20 foot wide alley; thence southerly along said alley, 40 feet to a point; thence westerly along the northern line of Lot 53, 150 feet to a point on 16th Street; and thence northerly along the eastern side of said 16th Street, 40 feet to the place of BEGINNING. BEING Lot No. 52 on Plan of Lots known as Greater Harrisburg Estate of Jackson Free, recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 1, Page 20. BEING known and numbered as 125 S. 16th Street, Camp Hill, Pennsylvania. BEING THE SAME PREMISES which Michael Adam Woren and Cheryl K. Woren, his wife, by Deed dated November 18, 1998 and recorded December 17, 1998 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 191, Page 183, granted and conveyed unto Eric R. Dieffenbach and Vicki Ann Dieffenbach, his wife. PARCEL No. 01-22-0826-027. .""""""'....,-~.~- ~ " .~ ., I I,.,;I~ . , h_ '<. .", L"'l'.Ii1 WRIT OF EXECUTION and/or ATTACHMENT I COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-2978 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 SERIES 1999-1, Plaintiff (s) From ERIC R. DIEFENBACH AND VICKI ANN DIEFENBACH (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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $153,635.14 L.L. $.50 Interest FROM 8/29/03 TO DATE OF SALE @ $25.25 PER DIEM Arty's Comm % Due Prothy $1.00 Arty Paid $125.30 Other Costs Plaintiff Paid Date: NOVEMBER 20, 2003 CURTIS R. LONG (Seal) '-- prothon~ n ~ By: U2~ () . e . 'O'I/L(Y~ f Deputy REQUESTING PARTY: Name GREGORY JA V ARDIAN, ESQillRE Address: 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SillTE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ill No. 55669 .. -(LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 SERIES 1999-1 I vs. ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH ,,- 'iii' ,.' -. ,-. ~'^' -,,', ,J...'-......~"'" J COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-2978 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 125 S. 16TH STREET, CAMP HILL. PA 17011: I. Name and address of Owner(s) or reputed Owner(s): Name ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH Last Known Address (if address cannot be reasonably ascertained, please indicate) 125 S. 16TH STREET CAMP HILL, PA 17011 125 S. 16TH STREET CAMP HILL, P A 17011 2. Name and address of Defendant(s) in the judgment: ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 1701 I 125 S. 16TH STREET CAMP HILL, P A 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Pennsylvania Power & Light Co. Camp Hill Borough Last Known Address (if address cannot be reasonably ascertained, please indicate) 1801 Brookwood Street Harrisburg, P A 17104 2145 Walnut Street Camp Hill, PA 17011 11 ~,- - .'~I .~., . ._L..,," ' . -- -,," 0,_' "-~1' ... .- 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 ~.~ .. ,"'.".-' "'('1; "7. Name and address of every other person of whom the plaintiff has knowledge who has any , interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 125 S. 16TH STREET CAMP HILL, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. November 14,2003 IAN, ESQUIRE ntiff ;;'Bk1i)j:l'li"-,;.W>,'-i1Jl~'J,""'_""~,-od;'I"';I'J4.,'~,,,j",o:.i>J;t"iq;l!!J;.W'",,"jlil,;~', ,-(.(.";,-"_,,.,,, """-';;iL_',,,~.-,'A%,~d,,-~Ii!ll.~;;;~~_M.~. -D~,~~..".".., ".-J,11""", _.~...~"~.]!!j."","""""_"_"',"'T.~ ,-",,',,"."''''',.c.F'>-_~'''','_~''4'''''' __"""'!"",.,,,.___c., ".. -",- __~ " -,-<, r_H' ,-< ~."~~- I'- , C) ~..::; '.:) C (",';:; .- <.' .-,f_~ , .~ m L - Z 2": , .. f".,) (f) c..... -< .. -' _.~~> r:::: r ~ .'--'- "<I Z , ---,..,,--.... ('~- ."'-.-' )> C) .,:.rn ~~ '.~ -, :::> -- :~.2 ::0 \.D -< . ~ u ~._ , -~ -~- ~-. -, "1: . I LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENnFICA nON NO. 55669 13 I 0 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE NATIONAL BANK AS COURT OF COMMON PLEAS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 CUMBERLAND COUNTY SERIES 1999-1 No.: 01-2978 CIVIL TERM vs. ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 17011 Your house (real estate) at 125 S. 16TH STREET. CAMP HILL. PA 170ll. is scheduled to be sold at Sheriffs Sale on MARCH 3. 2004 at 10:00 A.M., in the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $153,635.14, obtained by LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 SERIES 1999-1, against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ....,~ ~ ~ " . ~ , , ;~: , YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-9690. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, P A 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 . ,-, , - '" -. , ,""'".< i ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point 240 feet South of the southeastern comer of3'd and 16th Streets; thence easterly along the southern line of Lot 5 I, 150 feet to a point ina 20 foot wide alley; thence southerly along said alley, 40 feet to a point; thence westerly along the northern line of Lot 53, 150 feet to a point on 16th Street; and thence northerly along the eastern side of said 16th Street, 40 feet to the place of BEGINNING. BEING Lot No. 52 on Plan of Lots known as Greater Harrisburg Estate of Jackson Free, recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book I, Page 20. BEING known and numbered as 125 S. 16th Street, Camp Hill, Pennsylvania. BEING THE SAME PREMISES which Michael Adam Woren and Cheryl K. Woren, his wife, by Deed dated November 18, 1998 and recorded December 17, 1998 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 191, Page 183, granted and conveyed unto Eric R. Dieffenbach and Vicki Ann Dieffenbach, his wife. PARCEL No. 01-22-0826-027. sijll\,jIi!b'j"'i.,',iI:i~1,~~till:<_,';ri":'",I"A""",,"i'i<J-'~lH<;y""ti>i."'~f'''''.iLt '.'h~',,' "-,',c,,c,_ "'o;JC"",,,,q,\!;,it,..rt)L,.~:,,,,~~~IlI!!l~~~_ili!lIDlililflll~!JI\t:""' __tl ........, y '.,.0 ~I J;LJLL_~lJk~.)M-l~~J_"_,~,u'''''''''''''':I''9\''''i,.,-,J,!,~4,J_,~.,,,.-''-\''''<''k~~,''m~,*"'1<(<'"*-O,f'!.""",~,"..~,."~"",-",,,,_",,,, ~", ,.. ,.""" -I', _^ ,ft _,r, u~.~'" ~" , , _,,,,"'_ . __" .^~. ,,~ \ Cl 0 () c:: w --n ~,:, Z cpi ;--.::':1- .. ,:.e:;: ~ N Z .. (j'J .. W \~.J ~~ r:: I; ;t;:i--' " ''-. -n ~:r -" ;::::; L-;'- 5 ,.""':;; rf "'r; ',,=-': ..... c_ '.-0: '--1 "- "~ -., :;:. :D -::.' u:> -< ~-. ~~-" ~ ';,01 '.J - ~--- lllll!itL ~, , , LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (2] 5) 942-9690 LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 SERlES 1999-1 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-2978 CIVIL TERM vs. ERlC R. DIEFFENBACH VICKI ANN DIEFFENBACH AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 I hereby certify that I have sent copies of the Notice of Sheriff Sale to the Defendants' certified and regular United States mail and all lien holders or judgment creditors ofrecord as required by Pa.R.C.P. by first class United States mail, postage prepaid, on the date set forth below. (See attached Exhibit "A"). Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PAl 70 13 ERIC R. DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 17011 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, P A 17013-3387 VICKI ANN DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 1701 I Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 Tenants/Occupants 125 S. 16TH STREET CAMP HILL, PA 17011 ~ PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 Pennsylvania Power & Light Co. 1801 Brookwood Street Harrisburg, PA 17104 Camp Hill Borough 2145 Walnut Street Camp Hill, PA 17011 Steven Howell, Esquire 6 I 9 Bridge Street New Cumberland, PAl 7070 Dated: /;L- / ;;L;;1c 3 ~"" GREGORY V AN, ESQUIRE Attorney for Plainti I'll " ...... ....k..,~........ LI~,,- '~~ilIIIiiw;....~.k, ~ ,~ ., I"'- ::r . ru 'I"'- LIl .CO CO ru U.S. Postal Service", CERTIFIED MAiL,,, ~~ECI::~I"Cj' (Domestic M ") a J N' aJ n y; 0 Jnsurance Coverage Provided) ~or , o ifF I C'I A l .LIl , CJ CJ CJ .PosIoge $ . . CeIUlIed Fee Rotum Reciept Fee (Endorsement Requlrod) CJ J!."J.!!!.'!ed DeJ!!'ery Fee .-'I ,~w~wment RoqUlrod) CJ .-'I "'.;rn CJ : CJ :1"'- 1bta!PosIllgo&F... $ llOiii(A;n:>>o:,IElllAN:r:sj...o.cCUl'AN:r.s. orl'OBDxN4. '125 S ...........................-. ....................... . 16TH STREET CItY. stars, ZI"'f:1\MP..iIfEi:;...pX....T7"on.......................... , .-'I' .Jl .ru I'- LIl CO CO ru OFF J'CTA l US E _$ ~Fee ....... 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Z:J..-CO i;; .8i;i <{oo~ ~ E", E ~. ooo~.,( ~ z> O:::....JLJ.JCL: Z ]i~ . <{ <{!::: . " {'.o: -::JZ ~ g",o "(f) ~i- ::JO<a.. 'OO:;E w ZO<{ B . -....:1: 5:" Ou........ ~>-::J l~ "''''0 c ~~'" E '" ./ . ~~ . ~-g E . ..: N ,.; ... .,; ~~ '{; .,; ..: ai >--' v c .. II. ~ o II. .. Ol ~ o .:i: .E .: .e 1 ~ ~ ~ a. o '" 1; - Ll. I 8, ~ - N o Q N <=- ., 2 .c If ..: .... CD ... E o u. '" II. .- ..-., 11.1 - -~. ",,^, ~, -~ , . ~l ~ . November 14,2003 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): ERIC R. DIEFFENBACH and VICKI ANN DIEFFENBACH PLAINTIFF/SELLER: LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 SERIES 1999-1 DEFENDANT(S): ERIC R. DIEFFENBACH and VICKI ANN DIEFFENBACH PROPERTY: 125 S, 16TH STREET CAMP HILL, PA 17011 CUMBERLAND C.C.P. NO. 01-2978 CIVIL TERM The above captioned property is scheduled to be sold at Sheriff's Sale on MARCH 3. 2004 at 10:00 A.M., in the Cumberland County CoUrthouse, 1 Courthouse Square, Carlisle, PA 17013. You may hold a judgment on the property, which may be extinguished by the sale. You may wish to attend the Sheriff's Sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Ii;: egory Javardian, squire Law Offices of Gregory Javardian 13 I 0 Industrial Boulevard 1st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 ,~~~;>jmi~hl~~~iI~.~,j"~~j~~tt>-~~.,.i~-~"'d;;",,,,'-~;,"~iLh~~;::CLc""",',""J>iflJ:>i~Y~- ..~iJJ,~-H_':_:' _LILJl4-J!J.J J ~,LLUJ JJAlU._, -.-" j,,(y'" ,\ ""r"",'i'i_~';","'__~'_' ,,-~ - "',''', .,_, o. . Oo'>h. " -~ _ h. IIlll'''''!lb;''~ ",' "-' __~-~'~. M1iiW~__ ,,' , () ....., = 0 C = ,., ~2B ,L- .." :i!:n r>1 -'7,---__ 0::> m,-- .<'::_-1.. ~m (j) ..'. - 9 ~c"j C) :]!ft. ~() ".. cj:n ~.~-'- :3: -7(') j;::~ en qm Z ~ ::< .c- :n -.j -< fiE . ~. ~" I~ ,,- , d~_."""",. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Central Penn Prooertv Serv Inc is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 20th day of No v, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 2978, at the suit of LaSalle Natl Bk Tr against Eric R Dieffenbach & Vicki Ann is duly recorded in Sheriffs Deed Book No. 264, Page 1587. IN TESTIMONY WHEREOF, I have hereunto set my hand ~ fo--tl::: day of , A.D2004 ecorder of Deeds - ~. ~ ' . -, , 1....1 "t;j" , " -~ . LaSalle national Bank, as Trustee Under Pooling and Servicing Agreement Dated 2/1/99, Series 1999-1 VS Eric R. Dieffenbach and Vicki Ann Dieffenbach In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-2978 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on December 01, 2003 at 6:50 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Eric R. Dieffenbach and Vicki Ann Dieffenbach, by making known unto Vicki Dieffenbach, personally and adult in charge for Eric R. Dieffenbach, at 125 South 16th Street, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on JanuaTlf 12, 2004 at 5:39 o'clock P.M., he posted a true copy of the within Real Estate Writ, No*e, Poster and Description, in the above entitled action, upon the property of Eric R. Djeffenbach and Vicki Ann Dieffenbach located at 125 South 16th Street, Camp Hill, Penrisylvania, according to law. R. Thonias 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 defendants, to wit: Eric R. Dieffenbach and Vicki Ann Dieffenbach, by regnlar mail to their last known address of 125 South 16th Street, Camp Hill, PA 17011. These letters were mailed under the date of January 12, 2004 and never returned to the Sheriff's 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 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $106,201.00 to Ann Gatchell for Central Penn Property Services Inc. It being the highest bid and best price received for the same, Central Penn Property Services, Inc. of 100 South 7th Street, Akron, PA 17501, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of$1l1,151.50. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage $30.00 2,124.02 15.00 15.00 30.00 10.00 .50 1.00 20.70 ~ ~ '. Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed I~' - , , .101 "' ,', 15.00 30.00 20.00 256.1 0 309.43 29.32 25.00 40.50 $ 2,971.57 Sworn and subscribed to before me ~p~ This 3d. day of ().ur~ ' Q R. Thomas Kline, Sheriff 2004, A.D. ~L r2 ~,~ BY~' "1 'U ro onotary ~ Real Est Deputy ?~ Jb .1)"0 ), '()'O (.Ie. <;1. Of- tf1v. /6?J '661J ~,~ ~ ""J ..1 ,'-. -." I 11.1 ;"~ , ~.~ ,. '.- '-->''''"'''ii1j~:'~:; Lf{SALLE NATIONAL BANK AS COURT OF COMMON PLEAS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 CUMBERLAND COUNTY SERIES 1999- I No.: 01-2978 CIVIL TERM vs. ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 125 S. 16TH STREET. CAMP HILL. P A 17011: I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ERIC R. DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 17011 VICKI ANN DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: ERIC R. DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 17011 VICKI ANN DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Pennsylvania Power & Light Co. 1801 Brookwood Street Harrisburg, P A 171 04 Camp Hill Borough 2145 Walnut Street Camp Hill, P A 17011 . '"=~ ..~, ~ i I J _ II _ ,L_ 1t' " 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 P A Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 . L I I~I ^~ -'.",,- 7: Narne and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Narne Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 125 S. 16TH STREET CAMP HILL, P A 17011 I verifY that the statements made in this affidavit are true and correctto the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. November 14,2003 IAN, ESQUIRE ntiff - ~ , ,'j -"I _I . ". '. c'_ - ""''W;,'i . .. LA W OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIF[CA TION NO. 55669 1310 INDUSTRIAL BOULEVARD ] ST FLOOR, SUITE [0 I SOUTHAMPTON, PA [8966 (215) 942-9690 LASALLE NATIONAL BANK AS COURT OF COMMON PLEAS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 CUMBERLAND COUNTY SERIES 1999-1 No.: 01-2978 CIVIL TERM vs. ERlC R. DIEFFENBACH VICKI ANN DIEFFENBACH NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 17011 Your house (real estate) at 125 S. 16TH STREET. CAMP HILL. PA 17011, is scheduled to be sold at Sheriffs Sale on MARCH 3. 2004 at 10:00 A.M., in the Cumberland County Courthouse, I Courthouse Square, Carlisle, P A 170 I 3, to enforce the court judgment of $153,635.14, obtained by LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 SERIES 1999-1, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERlFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) I I " ,. -l:g'l ( '. \- YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-9690. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, P A 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 I "'t_ ~I,.~ - .' ~ - &",,~i ( ALL THA T CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point 240 feet South of the southeastern corner of3'd and 16th Streets; thence easterly along the southern line of Lot 5 I, 150 feet to a point ina 20 foot wide alley; thence southerly along said alley, 40 feet to a point; thence westerly along the northern line of Lot 53, 150 feet to a point on 16th Street; and thence northerly along the eastern side of said 16th Street, 40 feet to the place of BEGINNING. BEING Lot No. 52 on Plan of Lots known as Greater Harrisburg Estate of Jackson Free, recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 1, Page 20. BEING known and numbered as 125 S. 16th Street, Camp Hill, Pennsylvania. BEING THE SAME PREMISES which Michael Adam Woren and Cheryl K. Woren, his wife, by Deed dated November 18, 1998 and recorded December 17, 1998 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 191, Page 183, granted and conveyed unto Eric R. Dieffenbach and Vicki Ann Dieffenbach, his wife. PARCEL No. 01-22-0826-027. "," -'" I, I~I_L .",-,.,1 " ~t WRIT OF EXECUTION andlor ATTACHMENT . CO~ONWEALTHOFPENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-2978 Civil CIVIL ACTiON - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1199 SERIES 1999-1, Plaintiff (s) From ERIC R. DIEFENBACH AND VICKI ANN DIEFENBACH (I) 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 enj oined from paying any debt to or for the account ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $153,635.14 LL $.50 Interest FROM 8/29/03 TO DATE OF SALE @ $25.25 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $125.30 Other Costs Plaintiffpaid Date: NOVEMBER 20, 2003 CURTIS R. LONG (Seal) ProthOa p ~ ~y: IL,. t? ~ Deputy REQUESTING PARTY: Name GREGORY JA V ARDIAN, ESQUIRE Address: 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, P A 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ill No. 55669 -'-. d":J":i~h_,,>i<k,,,!.< ,,1'.-, '-.'- .-_'!_,,,L';'..l~,, ;~"",-" ~",_., ;,~.,""""l0ijjl";j.,"@ll""IIjj;;illlili'_!.I;Hj,-<,'"-'""""_".;;j,'"",""'kd!",~"ddd.".ill,/;&1;..,kB;4^J~~""'~''''<l!i'ai",,~~M"f~:''~ ,,,,. 1Ilf.lUih. . Real Estate Sale # 42 On December 01, 2003 the sherifflevied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, P A Known and numbered as 125 S. 16th Street, Camp Hill, more fully described on Exhibit "A" filed Date: December 01, 2003 ~ By:,,) Real Es te Deputy ~ ~ ~ f\i\\ with this writ and by this reference incorporated herein. l!:H\:':-~ C\-";,~j~ rn Ud 8t 02 AON J..1Nr:~.: 4i;I:J ,WH2HS .~. . ~,~ :":;::dO IlW!.l" ,_ J)LJ1~1 J ...JL" ,-__;_':",I.~~t,~~Jl!,;)J,.LM!iJ"~"U._~;rJ-.h'l',:t,:"'~4!iilllMJ'->A,':"'Y,""""c_..,~h;~" ~ .,. ,,_,w =< '.,,-,,,,,^,,_,,,_,_ 'l""_c,o-,,'~ _~ ,_,_~,,,,~, ., , ~ . m ~. ~. . I, ,,-11.1 ..'~, '" ';;'0" SCHEDULE OF DISTRIBUTION SALE NO. 42 Date Filed: July 9, 2004 Writ No. 2001-2978 Civil Term LaSalle National Bank, as Trustee under Pooling and Servicing Agreement Dated 2/1/99 VS Eric R. Dieffenbach and Vicki Ann Dieffenbach Sale Date: Buyer: Bid Price: June 9,2004 Central Penn Property Services, Inc. $106,201.00 Real Debt: Interest: Attorney Costs: $153,635.14 4,721.75 125.30 Total: $158,482.19 DISTRIBUTION: Receipts: Cash on account (03/01/04): Cash on account (06/09/04): Cash on account (06/25/04): $ 1,500.00 10,620.00 100,531.50 Total Receipts: $112,651.50 ,"" Disbursements: Sheriff's Costs Legal Search State Transfer Tax Local Transfer Tax Janet Miller, Tax Collector Camp Hill Borough Attorney Gregory Javardian LaSalle National Bank Total Disbursements: Balallce for distribution: So Answers: ~~-;-t:~~ R. Thomas Kline Sheriff I L 1.1 "..1,,__ . . "- _.- '~I- $ 2,971.57 200.00 1,313.24 1,313.24 1,563.97 748.41 1,500.00 103,041.07 ($112,651.50) 0.00 i I _I Ll ~ -~uli~::< " TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 42 Held Wednesday, June 9, 2004 Date: June 9, 2004 TAXES: Receipts for all taxes for the years 2001 to 2003 inclusive. Taxes for the current year 2004. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS . MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2004, and recorded , 2004, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Michael Adam Woren and Cheryl K. Woren, his wife, by deed dated November 18, 1998 and recorded December 17, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania. in Deed Book 191, Page 183, granted and conveyed to Eric R. Dieffenbach and Vicki Ann Dieffenbach, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of South, 16th Street and 20 foot wide unnamed alley. , ; ~~~ . i I J-U.d ,. '. 6. Mortgage in the amount of $94,350.00 given by Eric R. Dieffenbach and Vicki Ann Dieffenbach to Equity One, Inc., dated December 7,1998 and recorded December 17, 1998 in Mortgage Book 1506 Page 675 7. Mortgage given by Michael A. Werle and Pamela E. Werle, his wife, to PNC Bank, N.A. dated April 7,1998 recorded April 22, 1998 in Mortgage Book 1447, Page 851 in the amount of $30,304.80. Complaint in mortgage foreclosure filed by LaSalle National Bank, Trustee as Plaintiff against Eric R. Dieffenbach and Vicki Ann Dieffenbach, as Defendants in the Office of the Prothonotary of Cumberland County to File No. 2001-2978. Judgment in the amount of $153,635.14 entered September 4,2003. 8. Judgment in the amount of $1,473.84 entered by Pennsylvania Power and Light Company as Plaintiff against Vicki Dieffenbach and Eric Dieffenbach as Defendants in the Office of the Prothonotary of Cumberland County on January 7, 1999 to File No. 1999-104. 9. Municipal lien filed by the Borough of Camp Hill as Plaintiff against Eric R. Dieffenbach as Defendant in the Office of the Prothonotary of Cumberland County on April 23, 2001 to File No. 2001-2362. 10. Under and subject to the building and use restrictions contained in deed of Naomi Fickes dated August 20,1943, recorded August 25,1943 in deed book "S," Volume 12, Page 147. 11. Subject to building conditions, restrictions, setbacks and easements as shown on or set forth on the Plan of Greater Harrisburg Estates recorded in Plan Book 1, Page 20. 12. Satisfactory evidence to be produced that advertisement was sufficient despite the lack of any reference to improvements on the subject premises. 13. Satisfactory evidence to be produced that proper notice was given to holders of all liens and encumbrances intended to be divested by subject Sheriff sale. 14. Real estate taxes accruing on and after July 1,2004 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. R bert G. Frey, Agent Note: This Title Report shall not be alid binding until countersigned by an authorized signatory. - "., . ~ I I -. REAL ESTATE SALE NO. 42 Writ No. 2001-2978 Civil laSalle National Bank. as Trustee under Pooling and Servicing Agreement Dated 2/1/99. Series 1999-1 vs. Eric R. Dieffenbach and Vicki Ann Dieffenbach Atly.: Gregory Javardian ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumber- land, and Commonwealth of Penn- sylvania. mare particularly de- sCribed as follows: BEGINNING at a point 240 feet South of the southeastern corner of 3rd and 16th Streets: thence east- erly along the southern line of Lot 51, 150 feet to a point in a 20 foot wide alley: thence southerly along said alley, 40 feet to a point: thence westerly along the northern line of Lot 53. 150 feet to a point on 16th Street; and thence northerly along the eastern side of said 16th Street. 40 feet to the place of BEGINNING. BEING Lot No. 52 on Plan of Lots known as Greater Harrisburg Es- tate of Jackson Free. recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 1, Page 20. BEING lmown and numbered as 125 S. 16th Street. Camp Hill. Penn- sylvania. BEING THE SAME PREMISES which Michael Adam Waren and Cheryl K. Waren. his wife, by Deed dated November 18. 199B and re~ corded December 17, 1998 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 191. Page 183. granted and conveyed unto Eric R. Dieffenbach and Vicki Ann Dieffenbach. his wife. PARCEL No. 01-22-0826-027. ~, ~ -"' REAL ESTATE SJU-E NO. 4-2 Writ No. 2001-2978 Civil LaSalle National Bank, as Trustee under Pooling and Servicing Agreement Dated 2/1/99. Series 1999-1 vs. Eric R. Dieffenbach and Vicki Arm Dieffenbach Atty.: Gregory Javardian ALL THAT CERTAIN tract or par- cel of land and premises, situate. lying and being in the Borough of Camp Hill in the County of Cumber- land and Commonwealth of Penn- : sylvania, more particularly de- scribed as follows: BEGINNING at a point 240 feet South of the southeastern comer of 3rd and 16th Streets; thence east- erly along the southern line of Lot 51. 150 feet to a point in a 20 foot wide alley; thence southerly along said alley, 40 feet to a point: thence westerly along the northern line of Lot 53, 150 feet to a point on 16th Street; and thence northerly along the eastern side of said 16th Street, 40 feet to the place of BEGINNING. BEING Lot No. 52 on Plan of Lots known as Greater Harrisburg Es- tate of Jackson Free. recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book I. Page 20. BEING known and numbered as 125 S. 16th Street. Camp Hill, Penn- sylvania. BEING THE SAME PREMISES which Michael Adam Woren and Cheryl K. Woren. his wife, by Deed dated November 18. 1998 and re- corded December 17. 1998 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 191. Page 183. granted and conveyed unto Eric R. Dieffenbach and Vicki Ann Dieffenbach. his wife. PARCEL No. 01-22-0826-027. ~ " ^ "'0.",-""""-,, - ~h._ . 0 -"".. T~,JF'",; ';c-, ;' ~"_;-"' --' ,," - .~'" ~~ , 'I I' r'~' ' - -" 1"1,,.1 ;' , {. " PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : 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 regnlarly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regn1ar editions and issues of the said Cumberland Law Journal on the following dates, VlZ: J~~,( 16,23,30,2004 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 tme. SWORN TO AND SUBSCRIBED before me this 30 day of JANU~,( 2004 N SEAL lOIS E. SNYDER, Notary Public Ca~isle Boro, Cumbe~and County My Commission Expires March 5, 2005 ~-REALEsTATESALENo:'4i- Writ No. 2001-2978 . Civil Term . laSalle NatIonal ,Bank, as . Trustee under PoolIng and . Servicing Agreement . ....Dated 2/1/99, Series 1999-1 '.'. . Vs- . Eric R. Dleff4nbach and Vicki Ann Dieffenbach Atty: Gre~,9.ry Javardian DESCRIPTION ALL THAT CERTAIN tract or parcel of land , .and prem~, ~,iluale, lying and being in' 'the , Borough of Camp Hill in the, County of "Cll'i:ii.bl:rland anci Commomve-alth of . :::P.cnnsylvanla, more particularly ut'SI.'ribed a~ follpw3; , BEGiNNING at a plJint 140 fect South of the . lId,uthea~tem corner of '3m and 16th Streets; " :thence,easterly along the ~outhein line of Lot 51, ".',:rSO.lCeL!J?',:,~ point in.,~,79::i'c)({~.1~~.aUey; thence ::.::!outherlY:,!i1Q.ng ,rni:t.:.l!,l1eY',:4,Q Xe;et to.a pO~l; ':"'@ll~ ,w~5teily ~Jtmgifie northern [in"e of1..01 53, ': :~1~'O~.."fee.:r:'io':-"a,:"iJQinCQii ,,:r~nt"-S#e< )~U.:::~,,~,~~e :, :rl6flfierly.' #4n.g !he', :e$~e[rt,:. ~,fd~, lif':.~<ij~..'.lf,ith , '5tite~ 40Jeet 10 the place ofBEGINNlNG:, , ',:B~lJ Lot No. 52 on Plan ofLots"./roo,wll as I:,::'P"~~~\~ '::,#arrishurg Estate of JacksOn' Fr~, recorded in the Officeofihe RecorderoIDeeds m '. .'.an,:; fo'r Cumrn:rland ~.. ?:~y in PLan Book 1. Page ,,20. ":'f?' , , , "BEING known ,anJ:l1wnbered a~ t25 S, [61h S'iieet, Camp Hill, Pen~lvania. . "BEING THE SAME'remise.<. which Michael Adam Waren and Cheryl K, Wm:en, his wife, by , 'Deed, dated November 18, 199R and recorded , De<;ettiber l1, 1998 in the Ofllee of lhe Recorder bf De,ells in and for Cl11llberland County in Deed :Book 191, Page t83", granted and conveyed lfilO , Eric R. Dieffenbach and Vicki Ann Dieffenbach, "liiswife, . PARCEL NO.: O! -22-0826-021. I-I, "~ 'c -~ . ,~ ~, --tJ:: " 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controiler of 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 81.8 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav 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 andlor Sundayl Metro editions which appeared on the 20th and 27th day(s) of January and the Srd day(s) of February 2004. 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 Dau hin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE #42 Sworn to and subscribed bef r Notarial Seal Teny L Russell, NotaJy Public cliY 01 Harrisburg, Dauphin ColI - My CommISsion Expires June 6,2006 OTARY PUBLIC Member, Penf1SYIvanla AssociationOfNolarieS My commission expires June 6, 2006 CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE: PA. 17013 t ,. Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 309.43 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By....................................................................