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HomeMy WebLinkAbout03-4376LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1st FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff LASALLE BANK, N.A. F/KJA LASALLE NATIONAL BANK, AS TRUSTEE LrNDER THE POOLING AND SERVICING AGREEMETN DATED 12/1/2000, SERIES 2000-4 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TEXAS 75038 PLAINTIFF VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. COMPLAINT IN MORTGAGE FORECLOSURE THERESA L. HART 31 EAST FACTORY STREET MECHANICSBURG, PA 17055 DEFENDANT(S) COMPLAINT - CIVIL ACTION 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 THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Carlisle, PA 17013 717-249-3166 LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attomey for Plaintiff LASALLE BANK, N.A. F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER COURT OF COMMON PLEAS IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIFT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attomey for Plaintiff LASALLE BANK, N.A. F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMETN DATED 12/1/2000, SERIES 2000-4 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TEXAS 75038 PLAINTIFF VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. COMPLAINT IN MORTGAGE FORECLOSURE THERESA L. HART 31 EAST FACTORY STREET MECHANICSBURG, PA 17055 DEFENDANT(S) CIVIL ACTION MORTGAGE FORECLOSURE LaSalle Bank, N.A. f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing AGreemetn dated 12/1/2000, Series 2000-4, (hereinafter referred to as "Plaintiff') is an Institution, conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. Theresa L. Hart, (hereinafter referred to as "Defendant") is an adult individual residing at the address indicated in the caption hereof. Plaintiff brings this action to foreclose on the mortgage between defendant and itself as Mortgagee by Assignment. The Mortgage, dated November 21, 2000, was recorded on November 22, 2000 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1653, page 742. Plaintiff is the Mortgagee by Assignment by virtue of an Assignment of Mortgage recorded on August 28, 2002 in the Office of Recorder of Deeds in Cumberland County in Book 689, Page 3840. A copy of the Mortgage is attached and made a part hereof as Exhibits 'A'. The Mortgage secures the indebtedness of a Note executed by Defendant on November 21, 2000 in the original principal amount of $55,250.00 payable to Plaintiff in monthly installments with an interest rate of 11.250%. A copy of the Note is attached and made a part hereof as Exhibit 'B'. The land subject to the mortgage is 31 East Factory Street, Mechanicsburg, PA 17055. A copy of the Legal Description is attached as part of the Mortgage as Exhibit 'A' and incorporated herein. The Defendant is the record owner of the mortgaged property located at 31 East Factory Street, Mechanicsburg, PA 17055. The Mortgage is now in default due to the failure of Defendant to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance Interest to 7/28/2003 Accumulated Late Charges Penalty Interest Recoverable Balance Cost of Suit and Title Search Attorney's Fees TOTAL $54,872.63 2,499.94 117.40 2,743.63 79.70 550.00 1,000.00 $61,863.30 plus interest from 7/29/2003 at $16.91 per day, costs of suit and attorney fees. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's sale. If the Mortgage is reinstated pr/or to the Sale, reasonable attorney's fees will be charged. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendant by regular and certified mail on May 28, 2003. A copy of the Notice is attached and made a part hereof as Exhibit 'C'. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendant, in the surn of $61,836.30 together with the interest from 7/29/2003 at $16.91 per day, costs of suit and attorney fees. Law offices of Gregory Javardian BY: /~' rtflttomey'I~ ]qo~ 5 ~ 669 ~tAttorney ~/~Plaintiff EXHIBIT "A" REOO~E:~ OF DEEDS CUMBERLAND. OOUNTY~FA 'OONOU22 A 1150 Prepared by: TAMMY WILT Above Ti~is Line For Rocording Dam] MORTGAGE ACCOUNT #: 0804456291 THIS MORTGAGE ("Security Ins~'umanf') is given on is THERESA L HART NOVEMBER 21, 2000 . The mortgagor ("Borrower"). , and whose address is This Secudty Instrument is given to Alliance Funding, a Division of Superior Bank FSB which is organized and existing under the laws of The United S tares One Ramland Road, Orangeburg, New York 10962 ("Lender"). Borrower owes Lender the principal sum of FIFTY-FIVE THOUSAND TWO HUNDRED FIFTY AND NO/100 Dollars (U,$.$ 55,250.00 ).Ttf~dubtisevidancedbyBorrowefsnotedatedthesamedatcasthisSecurity Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on NOVF2fBF.~ 21, 2015 . This Sec~ty Instrument secures to Len4~. (a) the mpaymant of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; Co) the payment of all other sums, with in.rest, advanced under paragraph 7 to protect the security of this Security Instnunent; and (c) the performance o f Borrower's covenants and agreements under this Security Instnmaent and the Note, For this Purpose, Bon'ower does hereby mortgage, gram and convey to Lender the following de~Hbed property located in CUMBER~ County, Pennsylvania: ~] If this box is checked see Schedule A annexed hereto and made a part hereof. which has the address of 31 EAST FACTORY STREET MECHANICSBURG , Pennsylvania 17055 [City] [Zip Code] ("Property Address"); ALMU aood6,%3 .742 TOGETHER WITH all tho improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instromant as the "Property." BO RR O WER CO VENANTS that Borrower is lawfully seised of the estate hereby conveyed and ha~ the right to mortgage, grant and convey the Prope~y and that the Prope~ is unencembered, except for encumbrances of record. Borrower warrants and will defend generally the rifle to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uuifoma security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges, Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the N otc and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to appticable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a.sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on tbe Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions ofparagreph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under tho federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ('RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount no t to exceed th e lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditure, s of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposi~ are insured by a federal agancy, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borro war for holding and applying the Funds, annually analyzing the escrow account, or veil lying the Escrow Items, unless Lender pays Borrower inter~t on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay.a ona-time charge for an independent real estate tax ~polting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is n~:ie or applicable law requir~ interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an mmual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The l~lnds are pledged as additional security for all sums secured by this Security Instrument. Ii' the Funds held by Lender exceed the amounts permitted to be hcid by applicable law, Lender shall account to Bon'ower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at L~der's sole discre~inn. LOAN ID: 0804456291 ALIqq l~Ol~ ~9 ~/~o (~age 2 of ~ tmge~) Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Propan'y, slmll apply any Funds held by Lender at the time of acquisition or sale aa a credit against the sums secured by this Security Insimm~ent. 3. Application o f Payments. Unless applicubl¢ law provides otherwise, all p aymants received by Lender underparagraphs I and 2 shall be applied: first, to any prepayment charges due under tbe Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shallpay all taxes, aasessmants, charges, fines and impositions attributable to the Prope~'y which may attain priority over this Security Instrument, and leasehold payments or groand rents, ffany. Borrower shall pay tbe~ obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay th~n on time directly to the person owed payment. Borro war shall promptly furnish to Leader all notices of amounts to be paid under this paragraph. If Bon~wer makes fl~se payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Inslmment unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; Co) conte~ts in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement offue lien; or (e) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Securiiy Instrument. If Lender detonnines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set for, h above within 10 days of the giving nfnotlce. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on th~ Property insured against loss by fire, hazards included within the term ,extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing thc insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Landers rights in the Property in accordance with paragraph 7. Allinsurance policies and renewals shall be acceptable to Lender and shall include a standard mo~gege clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly · give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carder and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair oftbe Propa~0' damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not e, conomicaily feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then duc, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice fi'om Lender that the insurance carrier, has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may nsc the proceeds to repair or restore'the Property or to pay sums secured by this Security Instrument, wh~her or not than due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's fight to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Inslroment immediately prior to the acquisition. 6. Oecupuncy, Preservatfon, Maintenance and Protection of the Property; Borrower*s Loan Application; Leaseholds. B orrowershall occupy,establish,and use the Prope~ as Borrower's principal ~sidence within sixty days after the execut/on o~' this Secur/ty h~/ru.ment and shall continue to occupy the ~ as Borrowers princ/pal residence for at least one year aflex the date of occupancy, unless Lender otherw/se agrees in writing~ which consent shall not be unreasonably withheld, or unless extenuating c/reumstsnces exist which arc beyond Borrow~s control. Borrower shall not destroy, damage or impa/r the Property, allow the PropeW/to deter/orate, or commit waste on the Prope~. Borrower shall be in default if any forfeiture action or proceeding, whether civ/l or crlm/nal, is begun that in I..end~s good faith judgment could result in forfeiture of the Property or othenv/se mater/ally/repair the lien created by this Security Instrument of Lender's security interest. Borrower may cure such a default and reinstate, as pwvided in paragraph 18, by causing the action or precor/ne to be dismissed with a ruling that, in Lender's good fa/th determ/natiun, precludes forfe/ture of the Borrowers interest in thc Property or other material impairment of tho lien created by this Secur/~ Instrument or Lenders security interest. Borrower shall also be in default if Bozrower, during the loan application pWcess, gave materially false or inaccurate informat/on or statt~nents to Lender (or failed to provid~ Lender with any ureter/al information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Sexurity Instrument is on a leasehold, Borrower shall comply with aH the pwvisions of the lease. IfBorvowar acquires fee t/fie to the Property, the leasehold and fl~ fcc tide shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property,. If Borrower fails to perform the covenants and agreements conte/ned in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's fights in the Property (such as a proceeding/n bankruptcy, probate, for condenmation or forfeiture or to enforce laws or rcguiatinns), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lenders actions may include paying any sums secured by a lien which has pti or/ty over this Scendty Instrument, appear/ne in court, pa ylng reasonable attorneys' fees and entering on the Property to n'~ce repa/~s. Although Lender may take action under fl'/is paragraph 7, Lender does not hava to do so. Any amounts d/sbursed by Lender under this paragraph 7 shall become add/tional debt of Bon'ower secured by th/s Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest fi'om the date of d/sborsement at thc Note rate and shall bc payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Inatrarncnt, Borrower shall pay thc pr~niums requ/red to maintain the mortgage insurance /n effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect; Borrower shall pay the premiums required to obtain covcraga substant/ally equivalent to the mortgage/nstnance previously in effect, at a oust substant/dly equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgnge insurer approved by Lender. If substanthlly equivalent raortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance c overage lapsed or ceased to be in effect. Lender will accept, use and retain these peyment~ as a loss rcse~/e in lieu ofmortgege insuranoe. Loss payments may no longer be required, at the option of Lender,/fmortgage insurance coverage (in the amount and for the period that Lender requires) pwvided by an insurer approved by Lender again becomes available and is obia/ned. Borrower sha/l pay the premiums required to ma/ntain mortgage insurance/n effect, or to prey/de a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections ofti~ Property. Lender shall give Bor~wer notice at the time of or prior to an inspect/on specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connect/on with any condenmatiun or other taking of any part of the Prop~x~,, or for conveyance in lieu of condemnation, are hereby assigned znd shall bc paid to Lender. LOAN ID: 0804456291 .745 In the event of a total taking of the Property, the pwceeds shall be applied to the sums s~cured by this Security L-.sttum~t, wheth~ or not then due, with any excess paid to Borcow~r./n the event of a pm'rial taking of the Prop~ in which file fair rcmrket value of the Property immediately b~fore the taking is equal to or greater than ~e amount of the sums secured by thi~ Security Ins~xument immediately before the taking, unle~ Borrower and Let~l~ otberwiae agree in writing, th~ auras secured by this Securi~ Ins~cument shall be reduced by the amount of the proc~ed~ multiplied by the following fraction: (a) th~ total amount of the sums secured immediately before the taking, divided by CO) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In tl~ ~,~nt of a partial taking of the Property in which the fair market value of the Prol~fty lmmediately before tbe taldng is less than the amount ofth~ sums zecured immediately before the unless Borrower and Lander otherwit, e agr~ in writing or unless applicable law otherwise provides, the proceeds shall be applied to file sums secured by this Security Instrument wh~fil~ or not the sums are filer, due. /f the Prop~'y is abandoned by Bon'ower, or if, after notice by Lender to Borrower &at the condenmor offe~ to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is g{ven, Lender is anthorb'.ed to collect and apply the proceeds, at its option, eith~ to restoration or r~pair of the Property or to the sums secured by lhis Security Imtraraent, whether or not then duc. Unless Lender end Borrower ~se agree in w~il~ng, any.application of proceeds to prinoipa] shall not extend or postpone the due date of file monthly payments refun~d to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbenrance By Lender Not a Waiver, Extension of file time for payment or modification of amortization of file sums secured by this Security Instrument granted by Lender to any succemsor in interest of Borrower shall not Ol~rate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in fi.ae~st or r~fuso to extend time for payment or otberv~e modi~ amortization of the sums secured by this Secu~ty Instrument by reason of any demand made by the original Borrower or Borrowers suceesso~ in intere~. Any forbearance by Lender in exercising any right or remedy shall not be a wuiver of or preclude thc exorcise of any right or remedy. 12. Successors and Assigns Bound; .l'oint and Several L/ability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agrccment~ shall be joint and several. Any Borrower who co-signs this Security Insa'urnein but does not execute the Note: (a] is co-signing this Security Instrument only to mortgage, grant and convey that Bon'ower's interest in the Property under the terms of this Security Instnmaent; Co) is not personally obligale~ to pay the sums secured by this gecurity Instrument; and (c) agr~s that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms o£this Security he,torment or the Note without that Borrower's consent. ! 3. Loan Ch arges. Ii'the loan secured by this Scenrity instrument is subje ct to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the inan exceed the permitted limits, filch: (a) any such loan charge shall bc reduced by the amount necessary to l~duce the charge to the per mined limit; and (b) any sums aireedy collected fi.om Borrower which exceeded permitted limits will be refunded to Bdrrower. Lender may choose to make this m~fund by reducing the principal owed under the Note or by making a direct payment to Borrower. It' a refund reduces principal, the reduction w~il be treated as a partial prepayment without any pr~2ayment charge under the Note. LOAN ID: 080~.$6291 14. Noflce~. Any not/ce to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unle.~ applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notic~ to Borrower. Any notice provided for in this Security Instrument shall be d~emed to have been given to Borrower or Lem~ when ~ as provided in this paragraph. 15. Governing Law; Severabflity. This Security Instrument shall be governed by federal law and the law of the jurisdiction in wklch the Property is located. In the event that any provision or clause of this Security Instrument or the Note confiicts with applicable law, such conflict shall not aff~t other provisiom of this Security Immanent or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instnunant and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one ocnfotrned copy of the Note end of this Security Instrument. !7. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or ~ansferred and Borrower is not a ntmaral person) without Lender's prior written consent, Lender may, at its option, require immediate paymant in full of all sums secured by ~is Seonrity Instrument. However, this option shall not be ex~reised by Lender if exercis~ is prohibited by red,al law as of the date of this Security Instrument. If Lender exereise~ this option, Lender shall give Borrowernotice of acceleration. The notice shall provide a period of not less than 30 days fi~om the date the ~otice is delivered or mailed within which Borrower must pay all sums secured by ~ Security Imtmment. If Borrower fails to pay these sums prior to the expiration of this period, L~nder may invoke any remedies permitted by this Security Instnunant without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets cex~ain conditions, Borrower shall have the right to have e~oreemont o£this Security Instrument discontinued at any time prior to the earlier of.' (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pumuant to any power of sale contained in this Security Instrument; or Co) entry of a judgment enforcing this Security Instnunent. Those conditions are that Borrower: (a) pay~ Lender ail sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Sceurlty Iustnanent, including, but not limi~d to, reasonable attorneys' fees; and (d) takes such action as L~nder may reesormbly require to assure that the lien of this Security/n~tnunent, Lender's rights in the Property and Borrowers obligation to pay the sums s~zred by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,thls Security Instrument and the obligatious secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to re4nstate shall not apply in the case of eccelemt/on under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or apar~al interest in thc Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instraraent. There also may be one or mo~ changes of the Loan Servicer unrelated t6 a sale of tbe Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. l-Iazardous Substances. Borrower shall not came or pen'nit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two santences shall not apply to the pre~ence, use, or storage on the Propetx'y of small quantitie~ o£Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. LOAN ID: 080445629]. Borrower shallprompfly give Lander wrlttcn notice ofanyinvestigotion, chim, demand, lawsuit or other action by any governmental or regulatory agency or p~ivate pzrty involving the Prope~v/and any Substance or Environmental Law of which Borrower has actual knowledge..If Borrower leu'ns, or is notified by any govemmanUd or r~,alaU~ authority, that uny removal or other remediation of any Hazardous Substance affecting the Proper~ is necessary, Borrower shall pwmpfly take all necessary remedial actions in accordance with Environmental Law. AS used in this paragraph 20, "Hazardous Substances" ar~ those substances defined as toxic or b.-~lous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing aabestus or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmantal Law" means federal laws and laws of the jurisdiction where the Property ia located that ~elate to health, safety or anvironmanml protection. NON-UNIFORM COVENANTS. Borrower and Lander further covenant and agree aa follows: 21. Acceleration; Reraedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless appllceble law provides otherwise). Lender shall notify Borrower of, among uther things: (a) the default; (b) the action requiPed to cure the default; (e) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, forciasure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate uRer ueceleratian and the right to assert in the foreclosure proceeding · the non-existence of a default or any other defense of Borrower to ucecleratian and foreclosure. If the default is not cured as specified, Lehder at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shah he entitled to collect all expeusbs incurred i~ pursuing the remedies provided in this paragraph 21, Including, but not limited to, attorneys* fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of ali sums secured by this SecurRy Instrument, this Security instrument and the estate conveyed shall terminate and become void. ARer such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. ~3. Waiver~ Borrower, to the extent peratRted by applicable law, waivas and releases uny error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. ~4. Reinstatement Period. Borrower's time to reinstate providedin paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this SecurRy Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire tide to the Pmparty, this Security Instrument shall be a purcb, ase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that thc interest rate payable after a judgment is entered on thc Note or in un action of mortgage foreclosure shall be the rate payable from t~ne to time under the No~e. 27. Riders to this Security Instrument. If one or more riders are executed by Bon'ower and recorded togethes with this Security Instrument, the covenants and agreements of each such rider shall be/ncor~rated into and shall amend and supplement the covenants and a~'eements of this Security Instrument as if the alder(s) were a part of th/s Security Instrument. LOAN ID: 0804456291 [] Adjustable Rate Rider [] Condominium Rider [] Oraduated Payment Rider ~ Planned Unit Development Rider [] [] Balloon Rider ~ Rate Improvement Rider [] [] 14 Family Rider Biweekly Payment Rider Second Home Rider BY' SIGNING BELOW, Bon'ower accepts and agrees to the terms and covenants contained in this ~c~u~txatmant and in may ride~ff~ecutecl by Borrower and recorded with it. THERESA L (Seal) (Seal) (Seal) ~nowet ~n'ower (Seal) (Seal) Bommwer Bot~wer LOAN ID:0804456291 ALNB ~Op~a3o~t~9(.m,getto£9~gea) COMMONWEALTH OF PENNSYLVANIA, Cumberland County ~: On this, the 21st day of November 2000 , before m~, Suzanne L. Cz'amer the undersign~ officer, personally appeared 'z'neresa ,.. ~-lart: known to me (or satisfactorily provcn) to be the person(s) whose name(s) ~.~ subs~ri~ to th~ witbJn/nsm~meat and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF' I hemunt° set mY ~9~cial seal' .,~ I !Suzanne L, Cromer, NC, aW Pob{k: / !Hammten Tw~., Cumberland Camty ' ' ]I~y Commmsion E~plms May ~0, Mem6er, I:~nnsy~vanla .Assodation ol Notafe~ Title of Ofl~cer AFTER RECORDING RETURN TO: SUPERIOR B,~K FSB ONE~D ROAD ORANOEBURG, NY 10962 ATTN: RECORDED DOCUMENTS DEPT. LOAN ID:0804456291 ALNC FO l~M 3039 9790 (~ag~ g of g.voge~) "LEGAL DESCRIPTION" ALL THAT CERTAIN house and lot of ground situate in Mechanicsburg, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of East Factory Street, which point is fifty and forty hundredths (50.40) feet from the western line of North Arch Street; thence by the northern line of East Factory Street, South 80 degrees 00 minutes 00 seconds West, twenty-nine and twenty-five hundredths (29.25) feet to a pipe at corner of land now or late of Gelwicks; thence by lands of Gelwicks North 13 degrees 56 minutes 30 seconds West, one hundred twenty and forty-two hundredths (120.42) feet to a point in the southern line of Creamery Alley; thence by the southern line of said alley North 79 degrees 43 minutes 00 seconds East, thirty-five and eighty-seven hundredths (35.87) feet to a pin; thence by lands now or late of Russell Murray South 10 degrees 47 minutes 30 seconds East, one hundred twenty and thirty-three hundredths (120.33) feet to the place of BEGINNING. HAVING erected thereon a dwelling house being known and numbered as 31 East Factory Street, Mechanicsburg, Pennsylvania, said description being in accordance with a survey dated July 8, 1977 by D. P. Raffensperger Associates. UNDER AND SUBJECT to restrictions, easements and conditions of prior record pertaining to said premises. BEING THE SAME PREMISES which David A. Stoner by deed dated November 21, 2000 and recored in the Office of the Recorder of Deeds in and for Cumberland County granted and conveyed unto Theresa L. Hart, single individual. ACCOUNT~}:0804456291 DENDUM TO MORTGAGEfD~EiED OF TRUST/ EED TO ~CCRE DEBT/SECURITY DEED This ADDENDUM TO MORTOAOE/D]E]ED OF TRUST/DEED TO SECURE DEBT/SECURITY DEED (also known zs "Security Instrument") is made this 21sC day of NOVEI~ER , 2000 , and is incorporated into and amends /he Security Insh'umant of/he same date given by the undersigned (the "Borrower") to secure Borrower's Note (tho "Note") to Alliance Funding, a Division of Superior Bank FSB 0he "Lender") of/he same date and covering the Property described in the Security Instrument and located at: 31 EAST FACTORY STREET, HECHANICSBURC, PA 17055 In add/t/on to the covenants and a/~'e~nents made in the Security Instrument, Borrower and Lender further agree as follows: The paragraph of the Security Inslrument entitled, "Application of Borrower's Payments" or alternately "Application of Payments," is deleted in iR entirety and/he application of payments is governed by the Note. Unless prohibited by applicable law, the paragraph of tho Security Instrument entitled, "Acceleration; Remedies" or alternately "Lender's Rights if Borrower Fslis to Keep Promises and Agreements," is supplemented by adding the following provisions: "Additionally, I.,cnder may require immediate payment in full of/he entire amount remaining unpaid under the Note and this Security lnsmunent, if: (1) On application of Lender, two or more insurance companies licensed to do business in/he State in which/he Property is located, refuse to issue policies insuring the buildings and improvements on the Properly; or (2) Borrower fails to make any payment required by a seninr mortgage, deed of mist, deed to secure debt or other security instrument encumbering or affecting the Property or faih to keep any other promise or agreement in any s~ninl~ mortgage, deed of trust, deed to secure debt or other security instrument encumbering or affecting the Property; or (3) Any representation made or information g/yen to Lender by Borrower in cormect/en with Borrower's application for the loan evidenced by the Note is false or misleading in any mater/al respect; or (4) Borrower allows the Property to bo used in connection with any illegal activity." Ai~CN PAGI~ 1 OF 5 AMG014B.USM Bood6,53,A .?,52 3. For a loan secured by Iowa real property: a. The following sentence is added to the end of the paragraph of the Security Insmm~ent entitled, ~Release" or alternately "Redemption Period:" "Borrower shall pay any recordation and/or official costs in connection with this mortgage." Language is added to the Security Inzkument as follows: "NOTICE TO BORROWER ! UNDERSTAND TI/AT HOIVIESTBAD PI~.OPBRTY IS IN MANY CASES PROTECTED FROM TI-IB CLAIMS OF CREDITORS AND BXBMPT FROM ~JDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE, I VOLUNTARILY GIVE UP MY RIG~HT TO THIS PROTECTION FOR TH/S MORTGAC~ED PROPERTY WITH I~SPBCT TO CLAIMS BASBD UPON THIS MORTGAGE." The paragraph o£ ~he S~cufity lnshaument entitled, "Transfer of the Pro~ or a ~neficlal ~ter~t in ~ower," is ~ded by ch~ging · e no~ce of defa~t or a~le~gon ~ be at l~t 60 ds~ if ~e ~o~ ~ ~c~ed by a secon~ lien en ~ prop~ ~ ~e Sram of Co~ec~cut and at 1~ 35 days if ~e Io~ is sec~ed by a lien en real prope~y in ~e S~te of OM~oma. For a loan secured by Kansas real property, if thc Security Insh'umcnt is Form 3017, the last sentence /n the paragraph entitled, "Acceleration; Remedies," is deleted and replaced with the following: "Lender shall be entitled to collect all reasonable expenses incurred in pursuing the remedies provided in this paragraph, including but not limited to, reasonable attorneys' fees, to the extent allowed by applicable law." In addition, the paragraph entitled, *'Attorneys' Fees," is deleted in i~s For a loan secured by Ohio real proper~y, the following language is added after the legal description section of the Security Instrument: "This mo~gage is given upon the stamiory condition. "Statutory Condition" is defined in Section 5302.14 of.the Revised Code and'provides generally fhat if Borrower pays the ~ndeb~edness and performs ~he other obligatlans secured by this mortgage, pays all taxes and assessments, maintains insurance against fn~ and other hazards and does not commit or permit waste, then this mertgaga will become null and void." ].,O~A'q ID~/:0804456291 For a loan secured by South Carolina real property: If the Security Instrument is Form 3041, the second ~entence of the paragraph entitled, "Waivers," is deleted. If the SecuriW Insmunent is Form 3841 the paragraph entitled, "Waiver of Right of Appraisal," is deleted. The paragraph of thc Security Instrument entitled, "Law That Governs This Security Instrument/Mortgage" or alternately '*Governing Law; Severability," is amended by deleting the first sentence and replacing it with the following lauguage: "This Security Insirumont shall be governed by federel law and, to the extent not inconsistent with or more restrictive than federal law or regulaliun governing Lender, the laws of the jurisdiction in which the Property is locate&" If the Security Instrument is a second or jun/or priority Security ins~ument, then a paragraph is added to the Security Instrument as follows: ' "WAIVER O1~ RIGHT TO INCREASE PRIOR MORTGAGE~EED OF TRUST. Borrower hereby waives Borrower's fights if any, to increase any senior deed of trust, mortgage or other security instrument on the Preper~y under any provision contained therein governing optional future advances, and, to the extent permitted by l~w, waives Borrower's rights under any law which provides for un increase of said prior deed of ~ mortgage, deed to secure debt or other security ins~cument to pay for repairs, improvements, replacements, taxes, municipal liens, assessmentS or other charges un the Property. If, notwithstanding the foregoing waiver, such funds are advanced to or on behalf of Borrower, whether voluntarily or involuntarily, Borrower agrees that Lender, at itS option, may accelerate the indebtedness secured hereby.'* 10. 11. A provision is added to the Security Instrument as follows: "Borrower hereby acknowledges receipt, without charge, of a ~ue copy of the Security Insh'umunt." {~ Escrow Waiver I { If the box above has been cheoked, Lender waives the requirement' for Borrower to make payment to Lender for the escrow items referred to in the paragraph of the Security Instrument entitled, '*Funds/Monthly Payments for Tnxes nnd Insurance." Borrower shall pay these obligations on time directly to the person owed payment. Borrower shall promptly fur&sh to Lender all notices of amounts to be paid under this paragraph, and receiptS evidencing such payment LOAN PAGE 3 ON $ .~v~CP AMG014B.USM Unless otherwise prohibited by ~ipplicable law, Lender reserves the right to require Borrower to make payment to Lender for the escrow items referred to in the paragraph of the Security Instrument entitled, "Funde/Monthly Payments for Taxes and Insurance," if Borrower defaults in the payment of such escrow items and such default is not cured within the time set forth in any notice sent to Borrower by Lender. Lender reserves such right even though Lender did not establish such escrow account as a condition to closing the loan. If Lender reqniros Borrower to make payments to Lender as provided harein, the provisions of the paragraph of the Security Instrument entitled, "]FundsfManthly Payments for Taxes and Insurance" will be in full force and effect. 12. A paragraph is added to {he Security Insimment as follows: "FORCE PLACED INSURANCE. Unless otherwise prohibited by applicable law, if Borrower does not provide Lender with evidence of insorance coverage (for any type of insurance that is required by l-~nder), Lender may purchase insurance at Borrower's expense to protect Lender's interests in Borrower's Property. This insurance may, but need not, protect Borrower's interests. The coverage that Lender purchases may not pay any claim that Borrower makes or any claim that is made against Borrower in connection with the Propel'ty. Borrower may later cancel any insurance purchased by Lender, but only after providing Lender with evidence that Borrower has obtained the required insurance. If Lender purchases insurance for the Property, Borrower will be responsible for the costs of that insurance, including the insurance premium, interest at the rate provided by the terms of the Note end any other charges that the Lender or the insurer may impose in connection with the placement of the insurance (for example, a fee from the carrier for processing the force placed insurance), until the effective date of the cencellation or expiration of the insurance. The costs of the insurance may be added to Borrower's totsl outstanding balance and secured by this Security Instrument. The costs may be more than the cost of insurance that Borrower may be able to obtain directly because Lender will be purchasing insurance under a general policy that does not consider Borrower's individual insurance situation.'* 13. A paral~'aph is added to the Security lnsirument as follows: "Vorificat/on or raverification of the Property's valuation or any other information non~.ally contained in an appraisal may be required as part of Lenders's ongoing quality control procedures. Borrower a~'ces to cooperate fully with Lender and/or its agents, successors or assitns in obtain/ng and completing a full appraisalin the future at Lender's sole option and expense." LOAN ID~/: 0804456291 PAGF. 4 OF S =~v~CQ ^MG014B.USM 14. If an Adjustable Rate Rider is executed in conjunction with the Security instrument, such lider is amended by: a) deleting the section entitled, "Transfer of the Property or a Beneficial Interest in Borrower** and b) adding to the section entitled, "Interest Rate and Monthly Payment Changes*' (D) *'Limits on Interes~ Rate Changes," the following language: **My inter~st rate will never be less than N/A %." 15. If the Security Instrument is assigned or transferred, all or a po~ion of this Addendum may be voided at the option of the assignee or transferee. Any terms and provisions of this Addendum which are voided will be governed TIt~.i~SA L IL~ MULTISTATS ADDENDUM TO lST/2ND FNMA/FHLMC SBCL'I~TY INSTRUM~/NT SUPER[OR (4rj0.5'8) - SHORT FOl~vi State of Pennsv{vania County of Cumberiand/ Rocorc{ed i{the office for th{ ect~i~[and [Di.~,_u~befland Count~'~J~J.'~ LOAN ID~: 0804456291 PAOli S OF S ,/~CR AMO0i4B.USM sood653u .756 ]~XHIBIT "B" ACCOUNT#: 0804456291 BALLOON NOTE (F{xed Rate) THIS LOAN IS pAYABLE IN FULL AT MATURITY, YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OP THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION TO BEFINANCE THE LOAN AT TIIAT TIME. YOU WILL, THlglLEFORF-, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REF1NAIgCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. NOVEMBER 21, 2000 Camp Hill Pennsylvania 2. INTEREST (A) Time and Place of Paymel~ts (B) Amount of Monthly Payments My monthly paS, ment will be in the amount of U.S. $ 536.62 4, BORROWER'S RIGHT TO PREPAY 6, BORROWER'S FAILURE TO PAY AS REQUIRED ^LOJ (B) Default If I do not pay the full amount of each monthly payment on the date it is due, ] will be in default. (C) Notice of Def*ult If I am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount h~' a certain date, the Note Holdar may require me to pay immediately the full afilount 0f principal which has not been paid and all the interest that I owe on that amount. That date must at least 30 days after the date on which the notice is deliv~d or mailed to me. (D) No Waiver By Note Holder Even if, at a time when 1 am in defauh, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have tile nghl to do so if I am in defaub at a later time (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full a.s described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. q'hos~ expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable ]aw requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Properly Address above or at a different address if I give the Note Holder a nntice of my different address. Any notice that must be given to the Note Holder under this Note will be given by marling it by first class mai[ to the Note Holder at the address stated in Seclion 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who ~akes over these obligations, including the obligations of a guarantor, surety or endorser of this Note. is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Present~nent" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder 1o give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Moagage, Deed of Trust or Security Deed (the "Security Instrument"). dated the same date as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which l make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any parl of the Proper~ or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, reqnire immediate payment in full of all sums secured by this Security Instrument However, this option shall nol be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrament. If Lender exercises this option, Lender shall give Borcower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Securily Instrument, If Borrower fails to pay these sams prior to the expiration of this period, Lender may invoke any remedies permitted by this Securily Instrument without fur~ber notice or demand on Borrower. [Sign Original Only} ALOK ACCOUNT #;080~456291 ADDENDUM TO FNMA NOTE ThisADDEl~)UMTONOTEismadethis21~t dayof NOVF~IBER , 2000 and is incorporated into ~ ~ds and suppIemcms ~e No~e, Adj~lablc ~te Not~ ~ Balloon Note of the ~me ~te, ~d ~y ex~io~ and ~ncwals of ~at Note, given by thc unde~i~ed ("Bo~owcr") ~o Alliance ~nfling, a Division of ~uperlor Bank FSB ("Lcnder")(~ote"). In addinon to the a~mems made in the Note, Bo~ower and Lender fu~her a~ee as follows: L B.Iloon Payment ~an · If ~ box ~ has be~ checked, the fo]]owing p~visions are added to thc A. "T~S LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY T~ E~IRE PRIN~FAL ~ANCE OF THE LOAN A~ UNPAID i~EREST THEN DUE. THE L~ERIS U~ER NO OBLIGATION TO REFINANCE ~ ~AN AT T~T TIME. YOU ~L~ ~ERE~ BE REQUIRED TO MA~ PAYMENT OUT OF O~ER ASSETS THAT YOU MAY O~, OB YOU WILL ~VE TO FI~ A LE~ER. ~CH MAY BE ~ LE~ YOU ~ THIS LOAN ~, ~LLING ~ LEND YOU T~ MONEY. ~ YOU ~NANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF T~ CLOSING COSTS NORMALLY A~OC1ATED ~TH A NEW LOAN EVEN IF YOU OBTA~ REF~ANCING FROM T~ SAME LENDER." The "Payments" ~ectinn of the Note is amended by deleting the fi~st sentence and replacing it with the following language: "I will pay principal and interest by making payments every month. Each of my regular monthly 'i~c section of tha No~ entitled, "Borrower's Right to Prepay" or altet~mtely "Borrower's Payments ~fore They Are Due," is ame~ed by: a) adding to the ~d of the first sentence the following lan~, *, ~t ~e Note Holder ~y apply any tenured pa~en~ fi~t to any a~un~ ~en duc ~ ~g ~r ~s Nots or under the ~e~W I~mcnt ~d then to ~inci~t not yet duc."; b) deleting ~e ~ce which smtas, ~e Note Holder ~ll u~ all of my preparers to reduce the amount of ~i~l ~t I owe ~der this Note."; and c) adding a~e~ ~e fi~] ~ntence t~ following I~uagu, "~t ~ p~vid~ in the "Loan Charges~ section (if any), the Note Holder earns any p~aM fiance c~r~ at the ~me ~e loan is made and no pa~ of it will be refunded if I pay in full ahead of sch~uleY If a prepayment charge is contracted in connection with this loan, the section of the Note ent~ded, "Loan Charges" (if any) is amended by adding to tile end of the final sentence the £ofiowing language, 'without any prepayment charge." 7. In the State of Arizona, a provision is added to the Note as follows: 10. or things of value (other than interest as provided in this Note) paid or payable by me, whether The section of the Note entitled, "Late Charge for Overdue Payments," is amended by replacing thc word 'overdue" in the second sentance with the word "scheduled." If the Note is a fixed rate Note, after thc final setltence add the following language, "Any late charge will be in addition to interest on thc then outstanding principal for each day the payment is ]ate." ~ sections of the Note entitled, "Notice of Default" and "Uniform Note," are amended by changing thc notice of default or aeceleration to be at least 60 days if the loan is secured by a seeonda~ lien on real property in the State of Connecticut and at least 35 days if the loan is secured by a lien on real pcoperty in the State of Oklahoma. If ~is is an adjustable rate Note, then the subparagraph entitled, "Transfer of the property or a Betiefielal Inter,st in Borrower," is amended by deleting the provisions relating to assumption of the loan. Il. 12. The section of thc Note entitled, "Payment of Note Holder's Costs and Expenses," is deleted in its entirety and is rep/aced by the fot/ow~ng language: 'If I default, wh~ther or not the Note Holder has required me to pay immediately in full as descriped above, the Note Holder will have the right to be paid back by me for nil of its costs and expenses in enforcing this Not~ to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees, collection costs and expenses, servicing fees, and dishonored check charges to the fullest extent not prohibited by applicable law." The section of the Note entitled, 'Obligation~Responslbility of persons Under This Note," is amended by adding the following language to the end o£ the first sentence: "plus the charges as described in the sections entitled, "Late Charges for Overdue Payments" and "Payment of Note Holder's Costs and Expenses," and to pay any other charges required in order to close the loan." 13. In the State of Virg/nia, the first sentence in the section of the Note (Form 3200, 3260 or 3520) entitled, "Waivers," is deleted and amended to read as follows: "I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor and waive the homestead exemption." 14. A provision is added to the Note as follows: "ADDITIONAL SERVICING FEES: In addition to charges specified elsewhere in this Note, in the Security IraWament given to secure this Note, or in any other agreement in connection with this Note, I agree to pay, to the fullest extent not prohibited by applicable law, the following if charged in LOAN ID~: 0804456291 16. A. connection wi~h this loml: any fees impo~d by ~e Len&r's discharge or ~tafaction of lien(s) (w~t~ ~n ~enl in ~11, acceleration or mamffiy); payoff quot~ehargus; delive~ charges; ~cfion f~s; pa~ent h~l~ c~gus ancot any o~ se~ieing fees listed in the sch~ule of fees A provision is added to the Note as follows: "APPLICABLE I~.W. This Note shall be governed by federal law and, to the extent not inconsistent with or more reslxletive than federal law or regulation governing the Lender, the laws of the jurisdietinn in which the proper~y defined in the Security Instrument as the "~operty" is Ioented. In the event of a conflict between any provision of this Note ~md any such law or regulation in effect as of the date of INs Note, ~ch law or regulation shall control to the extent of suer conflict and the conflicting provision conteined in this Note shall be without effect. Ail other provisions of this Note will remain fully effective and enforceable." In the State of Minnesota, a provision is added to the Note as follows: "The interest rate on a second mortgage loan is governed by Minnesnta Statutes Section 47.20, 47.21 and 12 C,F. R. Section 560.110(b)." If the box below has t~en checked, the section of the Note entitled, "Borrower's Right to Prepay" or alternately "l~rvower's Payments Before They Are Due," is deleted in its entirety and rep/aced with the following langnagu: [~ "HORROVffER'S RIGHT TO PREPAY; PREPAYMENTCHARGE, I have the right to make payments of prir~cipal at any time before they are due, but the Note Holder may apply any tendered payments first to any amounts then due and owing under this Note or under the Security Instrument and then to prineipel not yet due. A payment of principal only is known as a "prepayment." A prepayment of all of th* unpaid principal is known as a "full prepayment." A prepeyment of only part of the unpaid principal is known as a "partial prepayment." If I make a partial prepayment and this Note is a fixed rate Note, there will he no changes in the due dates or amounts of my monthly payments unless the Note Holder agrees in writing to those changes. If I make a partial prepayment and this Note is an adjustsble rate Note, there will he no changes iN the due dates or mounts of my subsequent scheduled monthly payments until the first payment due after the first Change Date following my partial prepayment unless the Note Holder ag, tees in writing to those changes. If this Note is an adjustable rate Note, my partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment, but any such reduction may be off*et by an interest rate increase. I f the aggregate amount of principal prepaid in any twelve (12) month period exceeds wenty percent (20%) of the original principal amount of this Note during the fiat 3 yearS commencing from the date of this Note, then as considerntion for the accepten~e of such prepayment, and in addition to any other sum payable hereunder, l agree to pay to the Note Holder a prepayment charge equal lo 5 $ of the total amount prepaid, l will pay this prepayment charge whetber prepayment is voluntary or the I'esuh of acceleration due to my default under this Note or the Security Instrument. Except as provided in the section entitled, "L~an Charges," the Note Holder earns any prepaid finance charge at the time the loan is made and no part of it will be refunded if I pay in full ahead of schedule." Check box if applicable: [] This prepayment charge does not apply if the prepayment is the result of my refinancing of this loan with the Lender or an affiliate of the Lender. 17. If the Note is assigned or transferred, all or a portion of this Addendum to Note may be voided at the option of the assignee or transferee. Any temps and provisions of the Addendum to Note which are voided will be governed by the original terms and provisions of the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Addendum to Note. TBERESA L ~T~ (Sealt (Sea0 LOAN ID#:0804456291 EXHIBIT "C" , EMC Mortgage Corporation 7104 5400 2100 0775 7905 May 28, 2003 *0002252099* Theresa L. Hart 31 E Factory St Mechanicsburg, PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains bow the program works. To see if HEMAP can help you. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address, and nhone number of Consumer Credit Counseling Agencies serving your counV/are listed at the end of this Notice. lfvou have any questions, you may call the Penns¥1vania Housing Finance Agency toil free at 1-800-342-2397 (persons with impaired hearing 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 Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes sar elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del dereeho a redimir su hipoteca. HOMEOWNER'S NAME(S): Theresa L. Hart PROPERTY ADDRESS: 31 e Factory St Mechanicsbu, PA 17055 LOAN ACCOUNT 7595267 CURRENT SERVICER EMC Mortgage Corporation You ma,/be eligible for financial assistance which can save your home from foreclosure and help you make future mortgage payments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: if your default has been caused by circtunstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporm'y stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to- face" meeting with one ofthe designated consumer counseling agencies listed at the end of this Notice. This meetin~ must occur within the next thirty (30) da,/s. 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. Page two 7595267 CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take f~rther action against you for thirty (30) days after the date of this meeting. The names~ addresses and telephone numbers of designated consumer counseling aeencies for the county in which your nropertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your defautO. If you have tried and are unable to resolve this problem with the lender, you have the right to apply for fmancial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance 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 completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. 1F YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH 1N THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional 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 Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance HOW TO CURE YOUR MORTGAGE DEFAULT(Brine it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 3lc Factory St Mechanicsbu, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 03/2 l/2003: (b) Late charge(s): (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 05/27/2003: $1,916.04 $63.74 $.00 $27.58 $1,952.20 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $1,952.20, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURZNG THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable toEMC Mortgage Corporation at PO BOX 660530, DALLAS, TX 75266-0530. Page three 7595267 IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its fight to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the mount of default is not made within THIRTY (30) days of the letter date, EMC Mortgage Corporation also intends to instruct their attorneys to start a legal action to foreclose upon your morteaged proverty. IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the mount you owe the lender, which may also include their reasonable costs, lfyun cure the default within the THIRTY (30)DAY verind, you will not be required to pay attorneys' fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earbest date that such sheriff's sale could be held is would be approximately five (5) 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 amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: EMC Mortgage Corporation Address: PO BOX 660530, DALLAS, TX 75266-0530 Telephone Number: 1-888-609-2379 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 afier the sheriWs sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE_- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT To sell the property to obtain money to pay offthe mortgage debt, or borrower money fi.om another lending institution to pay offthis 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. (However, you are not entitled to this right more than three times in a calendar year). To assert the nonexistence ora default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. To assert any other defense you believe you may have to such action by the lender. To seek protection under the federal bankruptcy law. Page four 7595267 EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us in writing at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that 30 day period, we will assume that it is valid. Sincerely, EMC Mortgage Corporation Mac Arthur Ridge II, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 MAILING ADDRESS: P.O. Box 141358, Irving, Texas 75014-1358 VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information mad belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Vice President SHERIFF' S RETURN CASE NO: 2003-04376 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NA VS HART THERESA L - REGULAR HAROLD WEARY Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE HART THERESA L DEFENDANT , at 1728:00 HOURS, on the at 31 EAST FACTORY STREET MECHANICSBURG, PA 17055 THERESA L HART a true Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 9th day of September, 2003 by handing to and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this /?~ day of ! ~rothonotary So Answers: R. Thomas Kline 09/10/2003 GREGORY JAVARDIAN By: LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD IST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE BANK, N.A. F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/1/2000, SERIES 2000-4 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TX 75038 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 03-4376 CIVIL vs. THERESA L. HART 31 EAST FACTORY STREET MECHANICSBURG, PA 17055 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against THERESA L. HART, Defendant, 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 Plaintiff's damages as follows: As Set forth in Complaint Interest 7/29/03 to 10/14/03 $61,863.30 1,302.07 TOTAL $63,165.37 Damages are hereby assessed as indicated. DATE: ~---~3 17, I hereby certify that (1) 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. G& A~IAN, ESQUIRE Alt6mey for yntiff LASALLE BANK, iN.A. F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/1/20004 Plaintiff THERESA L. HART Defendants In The Court of Common Pleas Cumberland County No. 20034376 CIVIL TO: THERESA L. HART 31 EAST FACTORY STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: OCTOBER 1, 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. Unless 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 Reference Service 2 Liberty A~ue Carlisle, PA 1701~t~ (800) 990-910)~'/L/), _ _ Gregory Javardian, Esquire 1310 Industrial Boulevard 1st Floor, Suite 101 Southatnpton, PA 18966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no haber tornado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de esta notificacion, el tribunal podra, sin necesidad de compararecer usted en corte o escuchar prneba alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telpfono a la oficina, cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT TI-lIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON. PA 18966 (215) 942-9690 LASALLE BANK, N.A. F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/1/2000, SERIES 2000-4 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 03-4376 CIVIL VS. THERESA L. HART VERIFICATION OF NON-MILITARY SERVICE GREGORY JAVARDIAN, 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 tbllowing facts, to wit: (a) Defendant, THERESA L. HART, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) Defendant, THERESA L. HART, is over 18 years of age, and resides at 31 EAST FACTORY STREET, MECHANICSBURG, PA 17055. (c) Plaintiff, LASALLE BANK, N.A. F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/1/2000, SERIES 2000-4, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 909 HIDDEN RIDGE DRIVE, SUITE 200, IRVING, TX 75038. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY IIAVARDIAN, ESQUIRE Identification No 55669 1310 Industrial B )ulevard l~t Floor, Suite 1 £ 118966 Southampton, PA (215) 942-9690 LASALLE BANI LASALLE NATI TRUSTEE UNDI AND SERVICIN 12/1/2000, SERIE VS. THERESA L. HA PRAE TO THE PROTH~ Kindly DI~ above captioned ca Date: OCTOBER Attorney for Plaintiff N.A. F/K/A 3NAL BANK AS ;R THE POOLING AGREEMENT DATED 2000-4 Plaintiff T Defendant COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No. 03-4376 Civil Term 3IPE TO DISMISS COMPLAINT WITHOUT PREJUDICE ~NOTARY: MISS the Complaint entered against defendant without Prejudice in the ~e. :3, 2003 ~ldintiff LAW OFFICES ¢ )F GREGORY JAVARDIAN BY: GREGORY rAVARDIAN, ESQUIRE Identification No. 55669 1310 Industrial B~ulevard 1st Floor, Suite 10 Southampton, PA [ 18966 (216) 942-9690 LASALLE BAN~ LASALLE NATI~ TRUSTEE UND[ AND SERVICINt 12/1/2000, SERIE VS. THERESA L. HA PRA! TO THE PROTH( Kindly VA above captioned c~ Date: OCTOBER Attorney for Plaintiff N.A. F/K/A )NAL BANK AS R THE POOLING AGREEMENT DATED 2000-4 Plaintiff IT Defendant COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No. 03-4376 Civil Term ~IPE TO VACATE JUDGMENT WITHOUT PREJUDICE NOTARY: ~ATE the Judgment entered against defendant without Prejudice in the 3,2003