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HomeMy WebLinkAbout01-2397BENNETT & DOHERTY, PoC. PA Bar I.D. No. 63352 By: Jeffrey A. Bennett The Barness Office Plaza 975 Easton Road, Suite 102 Warrington, PA 18976 Tel. (215) 343-4100 LASALLE NATIONAL BANK, as Trustee under the pooling and servicing agreement dated 6/1/98, series 1998-2, Plaintiff, VS. MARIBETH CHUDYK 26 Longstreet Drive Carlisle, PA 17013, Defendant(s). Attomeys for Plaintiffs CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP; COURT ADMINISTRATOR 4TM FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 Dated: Jeffr~e Attorney for Plaintiff BENNETT & DOHERTY, P.C. PA Bar I.D. No. 63352 By: Jeffrey A. Bennett The Bamess Office Plaza 975 Easton Road, Suite 102 Warrington, PA 18976 Tel. (215) 343-4100 LASALLE NATIONAL BANK, as Trustee under the pooling and servicing agreement dated 6/1/98, series 1998-2, Plaintiff, VS. MARIBETH CHUDYK 26 Longstreet Drive Carlisle, PA 17013, Defendant(s). Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW o/- .23 COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is Lasalle National Bank One Ramland Road Orangeburg, New York 10962 The name (s) and last known address (es) of the Defendant (s) are Maribeth Chudyk 26 Longstreet Drive Carlisle, PA 17013 who is/are the mortgagor (s) and real owner (s) of the property hereinafter described. On June 10, 1998, mortgagor (s) made, executed and delivered a mortgage upon the premises hereinafter described to Alliance Funding, a Division of Superior Bank FSB, which mortgage is recorded in the Office of the Recorder of Cumberland County, in Mortgage Book 1462, Page 350. See Exhibit A. PLAINTIFF is now legal owner of the Mortgage and is in the process of recording said Assignment. The premises subject to said mortgage is described as attached. See Exhibit B. The mortgage is in default because monthly payments of principal and interest upon said mortgage due July 15, 2000 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest Through 2/19/2001 (Per Diem $10.04) Attorney's Fees/Costs Inspection NSF Fees Cumulative Late Charges $32,854.00 $ 2,027.32 $ 3,600.00 $ 165.00 $ 30.00 $ 433.18 TOTAL $39,109.50 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. On October 20, 2000, plaintiff sent defendant a notice of default by regular and certified mail at defendant's last known address (and at the address which is the subject of the residential mortgage, if different from defendant's last known address) in accordance with the requirements of 41 Pa. Stat. § 403. See Exhibit C. 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 whting 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 receipt of this pleading, Counsel for Plaintiff will send Defendant (s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands Judgment against the Defendant (s) in the sum of $39,109.50, together with interest from February 20, 2001 at the rate of $10.04 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. BENNETT & DOHERTY, P.C. JEFF~C~~QUIRE Attorney for Plaintiff Dated: q-~4)-0~ VERIFICATION Maureen Teal hereby states that she holds the position of foreclosure specialist for Superior Bank, F.S.B., mortgage servicing agent for Plaintiffin this matter, that she is authorized to make this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unswom falsification to authorities. By: ~A~U~R EWEW~EN~~ i~[AU[ L, Foreclosure Specialist Dated: EXHIBIT A 47II GALI~O~mA ROAD OUAIU[RTOWK, I~ 181t~1 Prepared by: JENNIFER BOYER po. cr~[ 4g: ~J "0~ ' ooi7-0~0.~ MORTGAGE THIS MORTGAGE ("Security Instrument") is gtvenon J'tINE M_a. RIB ETH CHUDY~ ACCOUNT#: 0800878969 10, 1998 . ']'he mortgagor , and whose address is This Security Instrument is given to Alliance Funding Company, Division of Superior Bank FSB ~7~h~g-orgah'he~ a-~"~-fi~'iT~-g'hnder the laws of The United States 1.~)5 CHESTNUT RIDGE ROAD, MONTVALE_, NJ 07645 ("Lender"). Borrower owes Lender the principal'~u~r~'~f THIRTY-FOUR THOUSAND THREE HUNDRED SIXTY-ONE AlqD NO/100 Dollars (U.S. $ 3a. 361. oo ). This dehl is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly paymeffts, with the full debt, if not paid earlier, due and payable on JUNE 15, 2013 . This Security Instrument secures te Lender: (a) the repayment of the debt e'~ideoced by the Note, with interest, and all renewals', extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this Purpose. Borrower does hereby mortgage, grant and convey to l.ender the followlng described property located in CUMBERLAND. County, Pennsylvania: [] If this box is checked see Schedule A annexed hereto and made a part hereof. which has the address of 154 WEST MIDDLESEX DRIVE CARLISLE , Pennsylvania 17013 [Ciw] [Zip CoCci ("Property Address"); ALMU TOGETHER WITH all The improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or i~ereaf~er a part of thc propert). All replacements and additions sha[l also be covered by this Security Instrument. Ail of the foregoing is re'Tarred to in this Security Instrument as the "ProperS.." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that ~he Property is unencumbered, except for encumbrances of record. Borrower warrants and wi[[ defend generally the title to the Property against all claims ' and demands, subject to any encumbraneesof record. THIS SECURITY INSTRUMENI combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS~ Borrower and Lender coven,.ut 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~te and an:,' prepayment and late charges due under the Note. 2. Funds for Taxe~ and Insurance. Subject to applicable 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 Nolo 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 the Property; (b) yearly leasehuld payments or ground rents on the Property, if any; (c) yearly hazard or proper~y insurance premiums; (d) yearly reed insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (O any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 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 '~n an amouut not to exceed the maximum amount a lender for a federally related mortgage loan may requir.~ for Borrower's escrow account under the federal }teal Estate Settlemenl erocedures Act of 1974 as amende~, i¥om time to tirae, 12 U.S.C. Section 260i et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amoum. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount Lender may estimate the amount of Funds due on the basis of current date and reasonable e.sthnate:* of expenditures of fulurc Esorow items or otherwise in aocordanee with applicable ]aw. The Funds shall be held in an instilution whose deposits are insured by a federal agency, instrumentality, or entity (includthg Lender, if Lender is such an institution) or in any Federal Home Lean Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not cimrge Borrower for holding and applying the Funds, annually analyzing lbe escrow account, o:' verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower ~o pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any intcrcsl or earnings on the Funds. Borrower and l ,under may agree in writing, however, that interest shall he paid on the Funds. Uender shall give to Borrower, without charge, an annual a:counting of the l%nds, showing credits and debits to ~he Funds and the purpose for which each debit to the Fund* was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitterl to be held by applicable law, Lender shall account to Borrower for the excess Fuuds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is riel sufficienl to pay the Escrow Items when due, Lender may so noti~ Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessa~ to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. _LOAN 'rD: 0800878969 Upon payment in full of all sums secured by thls Security Instrument, Lender shall promptly refnnd to Borrower any Funds held by Leader, If, under paragraph 21, Lender shall acquire or sell thc Property, Lender, prior to the acquisition or sclc of the Property, shall apply any Funds held by Lender at thc time of ucquisition or sclc as a credit against the sums secured by this Security Instrument. 3, Application of Payments, Unless applicable law pro',ides otherwise, all payments received by Leader under paragraphs I and 2 shall be applied: first, to any prepayment charges due uoder the Note; second, to amounts payable under paragraph 2; third, to interest due; fou:'th, to principal due; and last, to any late charges due under the Note. 4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may atlain priority over this Se,:urity Instrument, and leasehold payments or ground reals, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall prmnptly furnish to Lender all notices ot' amounts to be paid under this paragraph. I f Borrower makes these payments directly, Borrower shall promptly ~urnish to Lender rccclpts evidencing the payments. Borrower shall promptly discharge any lien whlch has prio;ity over this Security instrument unless Borrower: (a) agrees in writing to the payment of the obligation .~ecured by the lien in a manner acceptable to Lender; (b) contesm in good faith the lien by, or defends against enferoement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enfomement of Ihe Ilea; or (c) secures from thc holder of the lien un agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any par~ of the Prnperty is subject to a Ilea which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take uno or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazarcLs included within the term "extended coverage" and any other hazards, including floods nr 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 the insurance shall be chosen by Borrower subject to Lender's approval which shall not he unreasooably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragri~ph 7. All insurance policies and renewals shall be acceptableto Lender and shall include a standard mortgage 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 carrier and Lender. Lender me.y make proof of loss if not made promptly by Borrower. Unless Lender and Borrower othem'ise agree in writing, insurance proceeds shall be applied to restoration or repair of the Properly damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. I f the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied lo the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower aban(ons the PropeH), or does not answer within :30 days a notice from Lender that the insurance carrier has offered re settle a claim, rhea Lender may collect tee insurance proceeds. Lender may use the proceeds to repair or restore the Properly or to pay sums secured by this Security Instrument, whether or not then 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 I and 2 or change the amouut of thc payments. If under paragraph 21 the Property is a,:quired by Lender, Borrower's right to any insurance policies and procaeds resulting from damage to the Properly prior tn the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. LOAN ID: 0800878969 352 6. Occupancy', Freservntlon, Maintenance and Proteclion of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and .~se the Property as Borrower's principal residence within sixt3' days after the execution of this Security lm,.trument and shall continue to occupy the Property as Borrower's principal residence for at least one year a&er the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's ChoU'el. Borrow,,~r shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower ,hall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwi*e materiall) impair the lien created by this Securily Inslrumenl or Lender's security intere*t. Borrower may cure soeh a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's ~nterost in thu Proper'o' or other material impairment of the Ilex created by this Security Instrument or Lender's security interest. Borrower *hall also he in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connectinn with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the ?rope~y as a principal residence. If this Security Instrument is on a leasehold, Bo~ower shall comply with all the provisions of the lease. [f Borrower acquires fee title to the Properly, the leasehokt and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of l.~uder's Rights trot the Prnperty. If B¢,rrower fails to perform the covenants and agreements conlained in this Sec[~riBr instrument, or there is a Icgal proceeding that may significantly affect Lender'* rights in the Property (such as a proceeding in bankrupts:y, probate, for condemnation or for£eitore or to euforce laws or regulations), then Lender may do and pay for whatever is necessary tn protect the value of the Properly and Lender's rights in the Property. Lender's aetinns may include paying any sums secured by a lien which has priority over this Securily lnsu'ument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does Bet have to do so. Any amotm/s disbursed by Lender under this paragraph 7 shall beceme additional debt of Borrower secured by this Security instrument. Unless Borrower and Lend.:r agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interes% upon notice from Lender to Borrower requesting payment. 8. Mortgage ln*urance. If Lender required mortgage inmrance as a condition of making the loan secured by this Security Instrument, Borrower shall pa3,' thc premiums required to maintain the mortgage insurance in 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 coverage substantially equivalent to the mortgage in*urance previously in effect, at a cost subslantiaily equivalent to the cost to Borrower of the mortgage insurance previously in effact, from an alternate n'tortgaga insurer approved by Lender. If substantially equivalent mortgage insurance coverage [, not availab.e, Borrower shall pay to Lender each month a sum equal to one-twelfth of Ihe yearly mortgage insurance p~cmium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve paymants may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for ti:.e perkxl that Lender requires) provided by an insurer approved by' Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provid.~ a Io*s re*erYc, until the requirement for mortgage insurance ends in accordance with. any written agreement between Borrower and Lender or applicable law. 9. laspectlon. Lender or its agent may make reasonable entries upon and inspection* of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying rca*enable cause for the inspection. LOAN ID: 0800878969 e0 1462PAG£ k3,5,3 10. Condemnation. The proceeds of any award or claim for damage% direct or consequential, in eonnecth)n with any condemnation or other taking of an)' part of the Property, ot for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the eve nt of a total taking of the Proper~y, the proceeds .~hall be applied to the sums secured by this Security Instrument, whether or not then due, with any excesspaid to Borrower. In the event ora partial taking of the Property in which the fair market value o[ the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before thc taking, unless Borrower and Lender otherwise agree in writing, the sums secured 3y this Security instrument shall be reduced by the amount of the proceeds multiplied by thc following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately bel'ore the taking. Any bal.ance shall be paid Io Borrower. In the event ora partial taking of the Property in which the fair market value of thc Property immediately bet'ore the taking is les:~ than thc amount of the sums secured im- mediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums sec,:red by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, aftc: notice by Lender to Borrower that the condemner offers 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 given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by ~his Security Instrnment, whether or not then due. Unless Lender and Borrower otherwise agree in writing, a~y application of proceeds to principal shall not extend or postpone thc due date of the monthly payments refe :red to in paragraphs I and 2 or change the amount of such payments. 11. Borrower Not Released; Yorbearanee By Lender Not a Waiver. Extensi~m of the time for payment or modification of amortization of the sums secured by ~:his Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to rele~tsc the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required ~o c~)mmence proceedings against any successor in interest or refuse to extend time for payment or otherwise modlt'y amortization of the sums secured by this Security lnstroment by reason of any demand made by the original Borrower nr Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liabilit},; Co-stgners. The covenants and agreements of this Security Instrument shall bind and benefit Ihe successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall he joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument onfy to mortgage, gram and convey that Borrower's interest in th* Property nnder the terms of this Security lnstrumem; (b) is not personally obligate~ to pay the sums secured by this Security Instrument; and (e) agrees that Lende~ and any other Borrower m~y agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security lnst:'ument or the Note without that Borrower's 13. Loan Charges. if the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed thc permittc~ limits, then: (a) any such loan charge shall he reduced by the an~ount necessary to reduce the charge to the per mined limit; and (b) any sums already collected from Borrower which exceeded pcrmitled limits will be retBnded to Botlowcr. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepaymenl charge under the Note. LOAN ID: 0800878969 o x1462 ,£ ,354 14, Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of anether method. The notice shall be directed to the Property Address or any other address Borrower dasidnatas by oolite to I,ender. Any notice to Lender shall he given by first class mail to Lender's address stated her=ia or any other address I,ender designates by notice to Borrower. Any' notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provMed in this paragraph. 15. governing Law; Severabllity. Tltis Security Instrumer*t shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Inslrumenl cr the Note conflicts with applicable law, such conflict shah not afl'ecl other provisions of this Security Instrument or the Note which can be given effect wilhont the conflicting provision. To this end the provisions of this Security Instrument and zhe Notu are declared to be severable, 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Trnnsfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interes~ in it is sold or transferred (or if a beneficial interest iu Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior wriXten {:onsant, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall nor be exercised by Lender if exercise is prohibited by federal law as of [he date of this Security ]nstrurnent If Lender exercises this option, Lender shall give Borro'~er notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is J. elivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without fiirther notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the · right to have enforcement of this Security Instrumem discontinued nt any rime prior to thc earlier of: la) 5 days (or such other period as applicable law may specify for reinstatem,,~nt) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or lb) entry of a judgment enforcing this Security Instrument Those conditions are lhot Borrower: la) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; lb) cures any defauk of any other covenants or agreement~; lc) pays all expenses incurred in enforcing this Security instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require rd assur~ that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation Io pay the sums secured by this Security Instrument shall conlinue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remldn fully effecti'*¢ as if no acceleration had occurred. However, this right to reinslate shall not apply in the cg$c of aceelerathm under paragraph 17, 19. Sale of Note; Change of Loan Servicer, The Note or a ~rtial interest in the 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 instrument. There also may be one or more changes of the Loan Servicer unrelated '~o a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with pa.ragraph 14 above and applicable law. The nutted 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, 7-0. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Snbstances on or in the Proparty. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation cf any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small qum~tities of Hazardous Substances that are generally recognized to be appropriate to norm al residential uses and to maintenance of the Property. LOAN ID: 0800878969 00 1462 £ Borrower shall promptly give Lender wrin. en notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private pray involving the Property and any Hazardous Substance or Environmental Law of which Borrower hus actual knowledge. If Borrower loams, or is notified by any governmental or regulatory authority, that ;ny removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in Ibis paragraph 20, "Hazardous Substances" arc those substances defined as toxic or hazardous substances by Environmental Law and the following sub!,tances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmenlal l.aw" meansTederal lav~s and laws of the jurisdiction where the Property is located that relate to health, safety or environmental pmtectlon. NON-UNIFORM COVENANTS. Borrower and Lender ~'urther covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but nat prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) 1he default; (b) the action required to cure the default; (e) when the default must be cured; and (d) thut failure to cure the default as speeitled may result in acceleration of the sums secured by this Security Inslrnment~ foreloaure by judicial proceeding and sale of the Property. Lender shall further Inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to accelerntion and foreclosure. If the default is not cured ns specified, Lender at its option may require immediate payment in full of all sums secured by this Security lnstrmnent without further demand and may foreclose this Security Instrument by Judicial proceeding. Lender shall he entitled to collect all expenses incurred in pursuing the remedies provided In this paragraph 21, including, but not limited to, altorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security lnstrumem and the estate conveyed shall terminate and become void, After s,~ch occurrence, Lender shall discharge and satisfy this Security Instrument Without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permlUed by applicable law, waives and releases any error or defects ia proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future law~ providing for stay of execution, extension of time, exemption from a~achment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's tithe to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuanI to this Security Instrument. 25. Purchase Money blortgage. If any of the debl secared by this Security Instrument is lent to Borrower to acquire title to the Property, this Security lnstrumenl shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is eittered on the Note or in an action of mortgage foreclosure shall be the rate payeble from time to time under the Note. 2'/. Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreem onto., of this Security Instrument as if the rider(s) were a part of this Seouri~ Instrument. LOAN 1D:0800878969 [Check applicable box(es)] [] Adjuslable Rate Rider [] Graduated Payment Rider [] Balloon Rider [] Condominium Rider [] [] Planned Unit Development Rider [] ~ Rate Improvement Rider [] [] Other(s) [specify] ADDENDUM(S) 1-,~. Family Rider Biweekly Payment Rider Second Home Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants comained in this Security Inslrumem and in any rider(s) executed by Borrower and recorded with it. Witnesses: (SCM) MARIBETH CHUDYK {~ Bornlw~z ($¢al) Borrower (Seal) (Seal) Certificate of Residence clZrre? addresa of'the w,th,a-named Mortgagee m ~J_oti rt~..~,, ~ ~0~ / Agen,t of Moagagee LOAN ID:0800878969 eo d462 PA £ COMMONWEALTH OF PENNSYLVANIA, ~BERI~M~O . County ss: On this, thc ,rT'),(,, day of .7-t.)Ad ~' /~/~t~ , before me, ~ ~ ,/fi, /-~.e..~_~/~ ~ th,: undersigned officer, personally appcarcd known to me (or satisfactorily proven) to be'the person(s) whose name(s) dA subscribed to the withln instrument and acknowledged that ~'/,..~.. executed the same for the purposes herein contah]ed. IN WITNESS WHEREOF, I hereunto set my hand and cfficial seal. My Commission expires: ~m~=~ TWp~Ou~d Cou~ I %. Gommt~slon expires ~amh 13, t 9991 Title of' Olllceff AFTER RECORDING RETURN TO: SUPERIOR BANK FSB 135 CHESTNUT RIDCE ROAD MONTVALE NJ 07645 ATTN: RECORDED DOCUblENTS DEPT. LOAN ID:0800878969 ALL TE~%T ~ piece, or .p~..,el of land with i~$~x~ve~mnts thereon erected, situated ~n the Township of Hm%tlesex, County o~ Cu~berla~A, Pe~nsylvanla, bounded and described as foll~ws: BESlI~NING at a pin on the Sonthern side of Nc~&: Middlesex Drive (~-499) at the dividing line between Lots Nos. 1 ar~ 2, as sbx~m on the h~relnafter mentioned Plan of IDts; thence along said dividJl~g line betwee~ ~m{d Lots Nos. ASL T~AT CERTAIN piece or Darcel of la~d with ~,%~a~nts thereou erected, situated in the T0wnsbip of Middlesex, County o::' Cumberland, Pennsylvania, h~u~_ed and dascr/bed as follow~: ~EGIA~ENG at a pin on the Southern side of Nor~% Middlesex Drive (T-499) at the dividing line between Lots Nos. 1 and 2, as shown on the hereinafter mentioned Plan of Lots; thence along said divi~hng line between s~ Lots 1 an~ 2, South 17 degrees West, a distance of 175 feet to a pin at the line of lands o~ ~/th A. Cl~son; thence along sai(~ li~.~ of lands of }b/th A. Cle~son, South 82 degrees 42 minutes 20 secouds East a c~[stance of 100 feet to a pin at line of lands of Baymoad S~gser; thence along s.~/d line of lands of ~aymond S~%~ser, North 17 degrees East, a dlstanoe of 17.5 feet to a pin on the Southern side of North M/~alesex Drive (T-499} first men~.kioned ~txm~e; thence alon~ said Southern side of North Middlesex Drive (T-499), North 82 de,zees 42 minutes 20 eecc~ds West, a distance of 100 feet to a pin om the'sams at the dividing line between Lots Nos. 1 and 2 as shown on the hereinafter mentlc~ed Plan of Lots, the point and place of BEGINNI!~G. BEING Lot No. 1 as shown on the Subdivision Plan of Property for Ruth Clemson as prepared by Ernest J. Walker, Professional E~g/neer, on 4/24/1972 and recorH~4_ in the office of =he Record~ of D~- in and for Cumberland County, Pennsylvan/a, in Plan Book 23 Page 109. BEING improved %rlth a dwelling house knc~n as 154 West Middlesex Drive, Carlisle, Pennsylvar~. pArrOT. NL~-,:~: 21-06-0017-020A. BEING the sa~e premises wh/ch James F. Gooc~nan and Barbera A. C<z~mun, husband and wife by Indenture dated Januaz7 31, 1996 and recozded in the Office of the Recor~-~ of Deeds in and for the County of Cumberland in Deed Book 134 Page 753, granted and conveyed unto Maribeth Chudyk. ACCOUNT~:0800878969 ADDENDUM TO MORTGAGE/DEED~ OF TRUST/ DEED TO SECURE DEBT/SECURI I~Y DEED This ADDENDUM TO MORTGAGE/DEED OF '['RUSTKDEED TO SECURE DEBT/SECURITY DEED (also known as "Security Instrument") is made this 'LOth day of JUNE , 'L998 , and is incorporated into and amends the Security instrument of the same date given by the undersigned (the "Borrower") to secure Borrower's Note (the "Note") to Alliance Funding Company, Division of Superior Bank FSB (the "Lender") of the same date and covering the Properod described in the Security Instrument and located at: 154 WEST MIDDLESEX DRIVE, CARLISLE, PA 17013 (l~:~rty Addrc~.s) [n addition to the covenants and agreements made in the Secur~D Instrument, Borrower and Lender further agree as follows: The paragraph of the Security [nstrume~t entitled, "Application of Borrower's PaymentS" or alternately 'Al?plieation of Payments," is deleted in its entirety and the application of payments is governed by the Note. Unless prohibited by applicable ]aw, the paragraph of the Security Instrument emitled, "Acceleration; Remedies" or alt{:rnately "Lender~s Rights if Borrower Fails to Keep Promises and Agreements," is supplemented by adding the following provisions: "Additionally, Lender may require immediat.= payment in full of the entire amount remaining unpaid under the Note and this Security instrument, if: (I) On application of Lender, two or more insurance companies licensed to do business in the State in which the Property is located, refuse to issue policies insuring the buildings and improvements on the Properly; or (2) Borrower fails to make any l:ayment required by a senior mortgage, deed of trust, deed to secure debt or other security instrument encumbering or affecting the Property or fails to keep any other promise or agreement in any senior mortgage, deed of trust, deed to secure debt or other security {nstrnment encumbering or affecting, the Property; or (3) Any representation made or inl~rmation given to Lender by Borrower in connection with Borrower's application for the loan evidenced by the Note is t~lse or misleading in any m~.terial respect; or (4) Borrower allows the Property to be used in connectinn with an}' illegal activity," AMCN MIJLTISTAI'~ ADDENDUM TO IST/2ND lub.q~IA/FH [ .MC NEC URITY INSTRUMENT SUPERIOR (3/27/~). SHORT FORM ?AGE 1 OF 5 AMG014B,USM 3. For a loan seca,ed by Iowa real property.: The t~ollowing sentence is added to the end of the paragraph of thc Security Instrument entitled, ~'Release" or alternately "Redemptian Period:" "Bah'ewer shall pay any recordalion and/or official costs in connection with this mortgage." b. I..anguage is added to the Security Instrument as follows: "NOTICE TO BORROWER I UNDERSTAND THA¥ HOMESTEAD PROPERTY IS ]N MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXkMPT FROM JUDICIAL SALE; AND THAT BY SIGNING 'IHIS MORTGAGE, 1 VOLUNTARILY GIVE LIp MY RIGHT TO THIn.. PROTECTION FOR. THIS MORTGAGED PROPERTY WITH RESPECT TO CI.AIMS BASED UPON THIS MORTGAGE." The paragraph of the Security Instrumcnl entitled, "Transfer of the Property or a Beneficial Interest In Borrower,~ is amended by changing the notice of default or acceleration to be at least 60 days if the loan is secured by a secondary lien on real property in the State of Connecticut and at least 35 days if the loan is secured by a lieu on real property in the State of Oklahoma. For a loan secured by Kansas real property, if the Security Instrument is Form 3017, the last sentence in the paragraph entitled, "Acceleration; Remedles," is deleted and replaced with the following: "Lender shall be entitled to collect alt reasonable expenses incurred la pursuing thc remedies provided in this paragraph, including but not limited to, reasonable attorneys' fees, to th¢~ extent allowed by applicable In addition, the paragraph entitled, "Attorneys' Fees," is deleted in ils entirety. For a loan secured by Ohio real properg,, the following language is added after the legal description scctlon of thc Security Instrument: "This mortgage is given upon the statutory ccnditiom "Statutory Conditiou" is dcfincd in Section 5302.14 o[' thc Revised Code and provides generally that if Borrower pays the indebtedness and performs thc other obligations secured by Ibis mortgage, pays all taxes and assessments, maintains iast~rance against fire and other hazards and does not commit or permit waste, then this mortgage will become null and void." LOAN IDt/:0800878969 OF ~ ~A~[ C 0 AMG0t4B~USM For a loan secured by South Carolina leal !~,ropcrty: If the Security Instrument is Form 30~t], the second sentence ut' the paragraph entitled, "Waivers," is deleted. If Ihe Security Instrument is Fornt 3841 the paragraph entitled, "Waiw!r of Right of Appraisal," is deleted. The paragraph of the Security lnstrnment entitled, "Law That Governn This Security Instrumen{/Mortgoge" or alternately "Governing Law; Severahility," is amended by deleting the fir!a sentence and replacing it with the following [anguage: "This Security Instrument shall be governed by federal law and, to the extent not inconsistent with or more restrictive taan federal law or regulation govern{ns Lender, the laws of the jurisd;clion in which the Property is located." If the Security Instrument is a second or junior priority Security Instrument, then a paragraph is added to the Security Instrument as follows: "WAIVER OF RIGHT TO INCREAS~ PR1 OR MORT GAGE/DEEI} OF TRUST. Bnrrower hereby waives Borrower's rights if any, to increase any senior deed of trust, mortgage or other securiW instrument on file Property under any provision contained therein gover:ling optional future advances, and, to the extent pertni~ted by ]aw, waives B~rrower's rights under any }aw which provides for an increase of said prior d :ed of trust, mortgage, deed to secure debt or other security {nstrument to pay for reps}rs, improvements, replacements, taxes, municipal liens, assessments or other charges on the Property. iL notwithstanding the foregoing w.iivar, such funds are advanced to' or on behalf of Borrower, whether volnntatily or involuntarily, Borrower agrees that Lender, at its option, ma), accel¢ rate the indebtedness secured hereby." 10. 11. A provision is added to the Security iastrumcnt as follows: "Borrower hereby acknowledges receipt, without charge, of a true copy of the Securily Instrument." l~serow Waiver [] If the box above has been checked, Lender waives the requirement for Borrower to make payment to Lender for the escrow items referred to in the paragl'aph of lhe Security Instrument entitled, "Funds for Tones and Insarance." Borrower shall pay these oblig-~.tions on time direc~.y to the person owed payment. Borrower shall promptly' furnish to Lender all not,cas of amounls to he paid under ibis paragraph, .lnd receipts evidencing suc[~ paymenl. LOAN ~D~',~: 08008789fi9 PAGE 3 OF 5 ~k~l~P AM~01~B.L'SM ,,o, 1462 ,362 Unless otherwise prohibited by applicable lax,,, Lender reserves the right to require Borrower to make payment to Lender for the escrov, items ret'erred to in the paragraph of tbe Secnrlty instrument entitled, "Funds for Taxes and Insurance," if Burrower defaults in the payment of such escrow items and such default is not cured within the lima 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 condilion ':o closing lhu loaD. If Lender requires Borrower to make payments to Lender as provided herein, the provisions of tile pacagraph of the Securi~ Instrument entitled, "Funds for Taxes and Insurance" will be in full force and effect. 12. A paragraph is added to the Security Instrument aa follows: "FORCE PLACED INSIJRANCE. Unless otherwise prohibited by applicable law, if Borrower does not provide Lender with evidence of insurance coverage (for any type of insurance that is required by Lender), 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 coveragethat Lender purchases may not pay any claim that Borrower makes or any claim that is made against Burrower in connection with the Property. Borrower may later cancel any insurance purchased by Lender, but only after providing Lender wilh evidence lhat Borrower has obtained the required insurance. If Lender purchases insurance for the Property, Borrower will be responsible ~,br the costs of that insurance, including the insurance premium, interest at the rate provided by the terms of the Note and any other charges that the Lender or the insurer may impose in connection with the placement of Ihe insurance (for example, a fee from the carrier for processing the force placed insurance), until thc: el't~ctive date of the cancellation or expiration of the insurance. The costs of the insurance may be added to Borrower's total outstandJr~g balance and secured by this Security Instrument. The costs may be more than thc cost of insurance that Borrower may be able ~o ubtain directly because Lender will be purchasing insurance under a general policy thal does not consider Borrov, er's individual insurance situation." 13. MULYISTATP- ADDENDUM TO IST/2ND FNMA/FHLMC SECURITY INSTRI.~I[LN'f SUPERIOR (3t2?/ga) -SHOWr FURM A paragraph is added to the Seeuri~ Instromen! as follows; "Verification or ~reverificatinn uf the Prop,~fly's valuation or any other information normally contained in an appraisal may be required as part of Lenders's ongoing quality control procedures. Borrower agrees to cooperate tully with L~nder and/or its agents, successors or assigns in obtaining and completing a full appraisal in the future at I.ender's sole option and expense." LOAN ID~: 0800878969 PA¢IE 4 OF 5 ~'~GQ AMG0I~R.USM 14. If an Adjustable Rate Rider is executed in conjunction with the Security Instrument, such rider is amended by deleting tar Section entitled, "Transfer of the Property or a Beneficial Interest in Borrower." 15. If the Security Instrument is assigned or tran.~ferred, ali or a portion or 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 by the original terms of the Security Instram~mt. MARIBETH CHUDYK LOAN ID,//: 0800878969 State of PennsyIvan1$ ~. CounW of Cumberlandi 86 Recorded in the office fa'the reotJrdtng o{ Dele ecl. I~andIIl.~l~umberlantnd County, ~ wi~y hahd~[~ of of~e~ . ~n M~ Carli~ PA thi~day~9 '~ o : L462, r 364 EXHIBIT B DESCRIPTION ALL THAT CERTAIN piece or parcel of land with improvements thereon erected situated in the Township of Middlesex, County of Cumberland, Pennsylvania bounded and described as follows: BEGINNING at a pin on the Southern side of North Middlesex Drive (T-499) at the dividing line between Lots Nos. 1 and 2, as shown on the hereinafter mentioned Plan of Lots; thence along said dividing line between said Lots Nos. 1 and 2 South 17 degrees, West a distance of One hundred Seventy-five (175) feet to a pin at the line of lands of Ruth A. Clemson; thence along said line of lands of Ruth A, Clemson, South 82 degrees, 42 minutes, 20 seconds East a distance of One hundred (100) feet to a pin at line of lands of Raymond Smyser; thence along said line of lands of Raymond Smyser North 17 degrees East a distance of One hundred Seventy-five (175) feet to a pin on the Southern side of North Middlesex Drive (T-499) first mentioned above; thence along said Southern side of North Middlesex Drive (T-499) North 82 degrees, 42 minutes, 20 seconds West a distance of One hundred (100) feet to a pin on the same at the dividing line between Lots Nos. 1 and 2 as shown on the hereinafter mentioned plan of Lots, the point and place of beginning. BEING Lot No. 1 as shown on the subdivision plan of property for Ruth Clemson as prepared by Ernest J. Walker, Professional Engineer, on April 24, 1972 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 23 page 109. BEING improved with a dwelling house known as 154 West Middlesex Drive, Carlisle, Pennsylvania. EXHIBIT C ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE October 20, 2000 TO: MARIBETH CHUDYK 154 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 MARIBETH CHUDYK 26 LONGSTREET DRIVE CARLISLE, PA 17013 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 PUP.POSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS 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 mortRaee on your home is in default and the lender intends to foreclose. Svecific information about the nature of the default is vrovided in the attached va~oes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to helv to save your home. This Notice explains how the proeram works. To see if HEMAP can help, 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 the Counseline A~encv. The name, address and phone number of Consumer Credit Counselin~ Aeencies servine your County are listed at the end of this Notice. If you have any ouestions, you may call the Pennsylvania Housin,~ Finance A~encv toll free at 1-800- 342-2397. (Persons with impaired hearine 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 f'md a lawyer. LA NOTIFICION EN AD JUNTO 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 SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER CURRENT LENDER/SERVICER: MARIBETH CHUDYK 154 WEST MIDDLESEX DRIVE, CARLISLE, PA 17013 0800878969 ALLIANCE FUNDING COMPANY, DIVISION OF SUPERIOR BANK FSB LA SALLE NATIONAL BANK C/O SUPERIOR BANK, FSB HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF I983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF' YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE, THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -If you meet with one of the consumer credit counselin~ aeencies listed at the end of this notice the lender may NOT take action aeainst you for thirty (30) days after the date of this meetinff. The names, addresses and telel~hone numbers of desienated consumer credit counseline a~,encies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPI.ICAT1ON FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's 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 desi~ated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set fowth above. You will be notified directly by the Pennsylvania 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'THIS NOTICE IS FOR INFORMATION PURPOSE 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 (Brin~ it up to date) NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your properly located at: 154 WEST MIDDLESEX DRIVE, CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 7/15/00 thru 10/15/00 at $393.79 per month. Monthly Payments Plus Late Charges Accrued: Attorney fees: Inspections: Other: NSF: (Suspense) TOTAL AMOUNT TO CURE DEFAULT $1,929.58 $50.00 $169.00 $0.00 $30.00 ($0.00) $2,178.58 YOU HAVE FAILED TO TAKE THE FOLLOWiNG ACTIONS (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYiNG THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,178.58 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment must be made either by cashier's check, certified check or money order made payable and sent to: SUPERIOR BANK, FSB, ONE RAMLAND ROAD, ORANGEBURG, NY 10962, ATTN: VALERIE BARNES. 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 apl>licable) 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 riehts 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 fulI payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriffto 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, if legal 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, l__f you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the rieht to cure the default and l~revent the sale at any time up to one hour before the Sheriff's Sale. You ma'/do so by pa¥inv the total amount then past due, plus any late or other char~es then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performin~ any other retluirements under the mort~aee. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's Sale of the 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 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- SUPERIOR BANK, FSB ONE RAMLAND ROAD ORANGEBURG, NY 10962 (800) 451-1093 CONTACT PERSON: VALERIE BARNES EXT. 2476 EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may or. 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. YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT [iq ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTIIXJTED 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY 1S ATTACHED. NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT This is an attempt to collect a debt and any information obtained will be used for the propose. 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. 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. 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 of the original creditor, if different from the current creditor. PENNo [LVANIA HOUSING FINANCE At__ .CY 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 o Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services ofFranklin 31West3rdStreet 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, PA 17325 (717) 334-1518 FAX (717) 334-8326 PENNYLSVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 BENNETT & DOHERTY, P.C. PA Bar I.D. No. 63352 By: Jeffrey A. Bennett The Bamess Office Plaza 975 Easton Road, Suite 102 Warrington, PA 18976 Tel. (215) 343-4100 LASALLE NATIONAL BANK, as Trustee under the pooling and servicing agreement dated 6/1/98, series 1998-2, Plaintiff, VS. MAR/BETH CHUDYK 26 Longstreet Drive Carlisle, PA 17013, Defendant(s). Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PRAECIPE FOR APPEARANCE To the Prothonotary: Please enter my appearance for the Plaintiff, Lasalle National Bank in the above case. Dated: PA Bar I.D. No. 63352 975 Easton Road, Suite 102 Warrington, PA 18976 (215) 343-4100 SHERIFF'S RETURN - REGULAR CASE NO: 2001-02397 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE NATIONAL BANK VS CHUDYKMARIBETH CPL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon CHUDYK MARIBETH DEFENDANT , at 1629:00 HOURS, on the 1st day of May at 26 LONGSTREET DRIVE CARLISLE, PA 17013 by handing to MARIBETH CHUDYK a true the , 2001 and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 3 Affidavit Surcharge 10 31 O0 10 O0 O0 O0 10 Sworn and Subscribed to before me this ~ day of A.D. So Answers: R. Thomas Kline 05/02/2001 BENNETT & DOHERTY Deputy~Tferi f f BENNETT & DOHERTY, P.C. PA Bar I.D. No. 63352 By: Jeffrey A. Bennett 975 Easton Road, Suite 102 Warrington, PA 18976 Tel. (215) 343-4100 LASALLE NATIONAL BANK, as Trustee under the pooling and servicing agreement dated 6/1/98, series 1998-2, Plaintiff, VS. MARIBETH CHUDYK 26 Longstreet Drive Carlisle, PA 17013, Defendant(s). Attorneys for Plaintiffs CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW No. 2001-02397 P PROOF OF RETURN OF SERVICE Plaintiff, Lasalle National Bank, by and through its counsel, Bennett & Doherty, P.C., hereby files this Proof of Return of Service, and states that a true and correct copy of the Complaint of Plaintiff, Lasalle National Bank, was served on the Defendant as set forth in the accompanying Proof Of Service (Exhibit A). Dated: ~' ' BENNETT & DOHERTY, P.C. ~eY:ffrl y~A.~uire Attorney for Plaintiff 975 Easton Road, Suite 102 Warrington, PA 18976 Tel. (215) 343-4100 SHERIFF'S RETURN - CASE NO: 2001-02397 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE NATIONAL BANK VS CHUDYK MARIBETH REGULAR CPL MICHAEL BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE CHUDYK MARIBETH DEFENDANT , at 1629:00 HOURS, at 26 LONGSTREET DRIVE CARLISLE, PA 17013 MARIBETH CHUDYK a true Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 1st day of May by handing to the , 2o01 and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: Thomas Kline 05/02/2001 BENNETT & DOHERTY BENNETT & DOHERTY, P.C. PA Bar I.D. No. 63352 By: Jeffrey A. Bennett 975 Easton Road, Suite 102 Warrington, PA 18976 Tel. (215) 343-4100 LASALLE NATIONAL BANK, as Trustee under the pooling and servicing agreement dated 6/1/98, series 1998-2, Plaintiff, VS. MARIBETH CHUDYK 26 Longstreet Drive Carlisle, PA 17013, Defendant(s). Attorneys for Plaintiffs CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW No. 2001-02397 P PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned Civil Action for an additional thirty days. Dated: BENNETT & DOHERTY, P.C. ~eY~fre~q uire Attorney for Plaintiff 975 Easton Road, Suite 102 Warrington, PA 18976 Tel. (215) 343-4100 BENNETT & DOHERTY, P.C. PA Bar I.D. No. 63352 By: Jeffrey A. Bennett 975 Easton Road, Suite 102 Warrington, PA ! 8976 Tel. (215) 343-4100 LASALLE NATIONAL BANK, as Trustee under the pooling and servicing agreement dated 6/1/98, series 1998-2, Plaintiff, VS. MARIBETH CHUDYK 26 Longstreet Drive Carlisle, PA 17013, Defendant(s), Attorneys for Plaintiffs CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW No. 2001-02397 P PROOF OF RETURN OF SERVICE Plaintiff, Lasalle National Bank, by and through its counsel, Bennett & Doherty, l; hereby flies this Proof of Return of Service, and states that a tree and correct copy of tN Complaint of Plaintiff, Lasalle National Bank, was served on the occupant of the prem~s set forth in the accompanying Proof Of Service (Exhibit A), Dated: BENNETT & DOHERTY, P.C. Jeffrey A. Bennett, Esquire Attorney for Plaintiff 975 Easton Road, Suite 102 Warrington, PA 18976 Tel, (215) 343~4100 CASE NO: 2001-02397 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE NATIONAL BANK VS CHUDyK MARIBETH Amended DEP RICHARD SMITH Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE CHUDYK MARIBETH DEFENDAi~T at 1900:00 HOURS, at 154 W MIDDLESEX DRIVE CARLISLE, PA 17013 JAMES GOODMAN (FATHER) a true Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 4th day of June by handing to the _, 200__~1 and attested copy of COMPLAINT & NOTICE together with MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Amended Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this day of Thomas Kline 06/13/2001 BENNETT & By: Deputy Sheriff Prothonotary SHERIFF'S RETURN - CASE NO: 2001-02397 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE NATIONAL BANK VS CHUDYK MARIBETH REGULAR RICHARD E. SMITH , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 4th day of June , 2001 by handing to together with says, the within COMPLAINT & NOTICE CHUDYK MARIBETH DEFENDANT , at 1900:00 HOURS, on the __ at 26 LONGSTREET DRIVE CARLISLE, PA 17013 JAMES GOODMMAN, FATHER a true and attested copy of COMPLAINT & NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 3 Affidavit Surcharge 10 31 00 10 00 00 00 10 Sworn and Subscribed to before me this p;~- day of A.D. onotary ~ Answers: R. Thomas Kline o /o7/2oo1 BENNETTBy: & D~ f Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-02397 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE NATIONAL BANK VS CHUDYK MARIBETH Amended DEP RICHARD SMITH , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE CHUDYK MARIBETH DEFENDANT at 1900:00 HOURS, on at 154 W MIDDLESEX DRIVE CARLISLE, PA 17013 JAMES GOODMAN (FATHER) a true and attested copy of COMPLAINT & NOTICE MORTGAGE FORECLOSURE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the the 4th day of June , 2001 by handing to together with and at the same time directing His attention to the contents thereof. Amended Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this 2/~c day of 4/ A.D. So Answers Thomas Kline 06/13/2001 BENNETT & By: Deputy Sheriff BENNETT & DOHERTY, P.C. BY: Jeffrey A. Bennett, Esq. Attorney I.D. 63352 975 Easton Road, Suite 102 Warrington, PA 18976 (215) 343-4100 Attorneys for Plaintiff LASALLE NATIONAL BANK, as Trustee under the pooling and servicing agreement dated 6/1/98, series 1998-2, Plaintiff, VS. MARIBETH CHUDYK 26 Longstreet Drive Carlisle, PA 17013, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW No. 2001-02397 P PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter default judgment in favor of Plaintiff and against Defendant by default for Defendant's failure to file an answer to the PlaintifFs Complaint against the Defendant. Assess damages as set forth below: As set forth in Complaint Interest from 2/20/01 to 7/9/01 TOTAL $39,854.OO $ 1,405.60 $41,259.60 * Interest continues to accrue at the rate of $10.04 per diem from July 10, 2001 through the date of execution. I hereby certify that written notice of the intention to take a default judgment was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the Notice of Intention to Enter Judgment by Default is attached hereto as Exhibit A. By: Jeffre4~e Attorney for Plaintiff 975 Easton Road, Suite 102 Warrington, PA 18976 215-343 -4100 Attorney I.D. # 63352 ASSESSMENT OF D~AGES AND NOW ,~ 1_,.I II ,2001, Judgment is entered in favor of the Plaintiff and against the Defendant by default for want of filing an Answer to Plaintiff7 s Complaint and damages assessed at the sum of Forty One Thousand Two Hundred Fifty Nine Dollars and Sixty Cents ($41,259.60), as per the above statement. BENNETT & DOHERTY, P.C. PA Bar I.D. No. 63352 By: Jeffrey A. Bennett 975 Easton Road, Suite 102 Warrington, PA 18976 Tel. (215) 343-4100 LASALLE NATIONAL BANK, as Trustee under the pooling and servicing agreement dated 6/1/98, series 1998-2, Plaintiff, VS. MARIBETH CHUDYK 26 Longstreet Drive Carlisle, PA 17013, Defendant(s). Attorneys for Plaintiffs CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW No. 2001-02397 P TO: NOTICE OF INTENTION TO TAKE DEFAULT MARIBETH CHUDYK 26 Longstreet Drive Carlisle, PA 17013 VIA CERTIFICATED MAIL 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 SET 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: COURT ADMINISTRATOR 4TM FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 Attorney for Plaintiff 975 Easton Road, Suite 102 Wardngton, PA 18976 (215) 343 -4100 Attorney I.D. # 63352 U S POSTAL SERV CE CERTIFICATE OF MAILIN~'~ ,; I ~'A: .~x ee he ~ p { ~75 ~o~ R~ Suite 102 . ~ ~ .. PS Form 38'17, Janua~ 2001 BENNETT & DOHERTY, P.C. BY: Jeffrey A. Bennett, Esq. Attorney I.D. 63352 975 Easton Road, Suite 102 Warrington, PA 18976 (215) 343-4100 Attorneys for Plaintiff LASALLE NATIONAL BANK, as Trustee under the pooling and servicing agreement dated 6/1/98, series 1998-2, Plaintiff, VS. MARIBETH CHUDYK 26 Longstreet Drive Carlisle, PA 17013, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW No. 2001-02397 P AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF BUCKS SS Jeffrey A. Bennett, Esquire, being duly sworn according to law, deposes and says that he is an officer of Plaintiff; that he is authorized to make this affidavit on behalf of Plaintiff; that the above named Defendant resides at 26 Longstreet Drive, Carlisle, PA 17013 and that the Defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Sworn to~a~d Subsch~e~.before m~_. , 2001 I NOTARIAL SEAL [ .. O_oy~esto,'~n Boro, Bucks Counly ~Ss~on Exp. ires Ju-n~ 23, 2003 Jeffrey~A'~ Bennett, Esquire Attorney for Plaintiff Page -2- BENNETT & DOHERTY, P.C. BY: Jeffrey A. Bennett, Esq. Attorney I.D. 63352 975 Easton Road, Suite 102 Warrington, PA 18976 (215) 343-4100 Attorneys for Plaintiff LASALLE NATIONAL BANK, as Trustee under the pooling and servicing agreement dated 6/1/98, series 1998-2, Plaintiff, VS. MARIBETH CHUDYK 26 Longstreet Drive Carlisle, PA 17013, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW No. 2001-02397 P CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: The address of the Plaintiff, judgment creditor, is One Ramland Road, Orangeburg, New York 10962, and the last known address of the Defendant, judgment debtor, is 26 Longstreet Drive, Carlisle, PA 17013. Dated: Jeffre~ Bennett, Esquire Attorney for Plaintiff 975 Easton Road, Suite 102 Wardngton, PA 18976 215-343 -4100 Attorney I.D. # 63352 BENNETT & DOHERTY, P.C. BY: Jeffrey A. Bennett, Esq. Attorney I.D. 63352 975 Easton Road, Suite 102 WarrJngton, PA 18976 (215) 343-4100 Attorneys for Plaintiff LASALLE NATIONAL BANK, as : CUMBERLAND COUNTY Trustee under the pooling and COURT OF COMMON PLEAS servicing agreement dated 6/1/98, : series 1998-2, Plaintiff, : vs. No. 2001-02397 P : MAR/BETH CHUDYK 26 Longstreet Drive : Carlisle, PA 17013, Defendant(s). CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. PROTHONOTARY ~ If you have any questions concerning the above, please contact: Jeffrey A. Be~mett, Esquire Attorney for Plaintiff 975 Easton Road, Suite 102 Warrington, Pennsylvania 18976 (215) 343-4100 BENNETT & DOHERTY, P.C. BY: Jeffrey A. Bennett, Esq. Attorney I.D. 63352 975 Easton Road, Suite 102 Warrington, PA 18976 (215) 343-4100 LASALLE NATIONAL BANK, as Trustee under the pooling and servicing agreement dated 6/1/98, series 1998-2, Plaintiff, VS. MAR/BETH CHUDYK 26 Longstreet Drive Carlisle, PA 17013, Defendant(s). Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW No. 2001-02397 P PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue a Writ of Execution in the above matter: Amount Due $41,259.60 Dated: Interest from 7/10/01 Per diem $10.04 (Costs to be added) $ $ By: ~ Jeffre A~. Be ~n~ett, Esquire Attorney for Plaintiff 975 Easton Road, Suite 102 Warrington, PA 18976 215-343-4100 Attorney I.D. # 63352 LASALLE NATIONAL BANK, as Trustee under the pooling and servicing agreement dated 6/1/98, series 1998-2, Plaintiff, VS. MARIBETH CHUDYK 26 Longstreet Drive Carlisle, PA 17013, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW No. 2001-02397 P AFFIDAVIT PURSUANT TO RULE 3129.1 LASALLE NATIONAL BANK, Plaintiff in the above action, by its attorney, JEFFREY A, BENNETT, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 154 West Middlesex Drive, Carlisle, PA 17103. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS Maribeth Chudyk 26 Longstreet Drive Carlisle, PA 17013 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS Maribeth Chudyk 26 Longstreet Drive Carlisle, PA 17013 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS GMAC Mortgage Corp of PA 8360 Old York Road Elkins Park, PA 19027 Name and address of last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS Lasalle National Bank One Ramland Road Orangeburg, NY 10962 GMAC Mortgage Corp. of PA 8360 Old York Road Elkins Park, PA 19027 None Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS None 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 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: Cumberland County Tax Claim Bureau 1 Court House Square Carlisle, PA 17013 Domestic Relations of Cumberland County 1 Court House Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are tree mad correct to the best of my personal knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 renting to unswom falsification to authorities. T--(o -ol FF E Date JE TT, ESQUIRE Attorney for Plaintiff LASALLE NATIONAL BANK, as : Trustee under the pooling and servicing agreement dated 6/1/98, : series 1998-2, Plaintiff, VS. MARIBETH CHUDYK 26 Longstreet Drive Carlisle, PA 17013, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW No. 2001-02397 P TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY MARIBETH CHUDYK 26 Longstreet Drive Carlisle, PA 17013 PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 154 West Middlesex Drive, Carlisle, PA 17103 is scheduled to be sold at the Sheriff's Sale on December 5, 2001 at .M. at the Cumberland County Court House, 1 Court House S{luare, Carlisle, PA 17103, to enforce the court judgment of $41~259.60 obtained by Lasalle National Bank (the mortgagee) against you. If the sale is continued, the new date will be announced at the time of sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THE SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. 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) 343- 4100. 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. If the Sherifffs sale is not stopped, your property will be sold to this highest bidder. You may find out the price bid by calling (215~ 343-4100. You may be able petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 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 (215~ 343-4100. 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. 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. You may be entitled toa 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 within 30 days of the sale. 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 Sheriffwithin ten (10) days after the filing of the schedule of distribution. 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, GOT TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Court House Carlisle, PA 17103 (7171) 240-6200 DESCRII~ION ALL THAT CERTAIN piece or parcel of land with improvements thereon erected situated in the Township of Middlesex, County of Cumberland, Pennsylvania bounded and described as follows: BEGINNING at a pin on the Southern side of North Middlesex Drive (T-499) at the dividing line between Lots Nos. 1 and 2, as shown on the hereinafter mentioned Plan of Lots; thence along said dividing line between said Lots Nos. 1 and 2 South 17 degrees, West a distance of One hundred Seventy-five (175) feet to a pin at the line of lands of Ruth A. Clemson; thence along said line of lands of Ruth A, Clemson, South 82 degrees, 42 minutes, 20 seconds East a distance of One hundred (100) feet to a pin at line of lands of Raymond Smyser; thence along said line of lands of Raymond Smyser North 17 degrees East a distance of One hundred Seventy-five (175) feet to a pin on the Southern side of North Middlesex Drive (T-499) first mentioned above; thence along said Southern side of North Middlesex Drive (T-499) North 82 degrees, 42 minutes, 20 seconds West a distance of One hundred (100) feet to a pin on the same at the dividing line between Lots Nos. 1 and 2 as shown on the hereinafter mentioned plan of Lots, the point and place of beginning. BEING Lot No. 1 as shown on the subdivision plan of property for Ruth Clemson as prepared by Ernest J. Walker, Professional Engineer, on April 24, 1972 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 23 page 109. BEING improved with a dwelling house known as 154 West Middlesex Drive, Carlisle, Pennsylvania. LaSalle National Bank, as Trustee Under the Pooling and Service Agreement date 6/1/98 Series 1998-2 VS Maribeth Chudyk In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-2397 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Jeffrey Bennett. Sheriff's Costs: Docketing 30.00 Surcharge 20.00 Posting Handbills Law Library .50 Prothonotary 1.00 Share of Bills Mileage 3.25 Levy 15.00 Advertising Certified Mail Poundage 1,40 Postpone Sale Law Journal Patriot News $71.15 paid by attorney 09-21-01 Sworn and subscribed to before me So An_swe,r~: This ~d.~_ day of ~ ~~~ ~~ R. Thomas Kline, Sheriff 2oo , Pro~onot~ Re~ Estate Deputy LASALLE NATIONAL BANK, as Trustee under the pooling and servicing agreement dated 6/1/98, series 1998-2, Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW vs. No. 2001-02397 P MARIBETH CHUDYK 26 Longstreet Drive Carlisle, PA 17013, Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 LASALLE NATIONAL BANK, Plaintiff in the above action, by its attorney, JEFFREY A. BENNETT, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 154 West Middlesex Drive, Carlisle, PA 17103. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS Maribeth Chudyk 26 Longstreet Drive Carlisle, PA 17013 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS Maribeth Chudyk 26 Longstreet Drive Carlisle, PA 17013 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS GMAC Mortgage Corp of PA 8360 Old York Road Elkins Park, PA 19027 Name and address of last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS Lasalle National Bank One Ramland Road Orangeburg, NY 10962 GMAC Mortgage Corp. of PA 8360 Old York Road EIkins Park, PA 19027 None Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS None 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 Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau 1 Court House Square Carlisle, PA 17013 Domestic Relations of Cumberland County 1 Court House Square Carlisle, PA 17013 Date I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. JEFF~ETT, ESQUIRE Attorney for Plaintiff LASALLE NATIONAL BANK, as : Trustee under the pooling and servicing agreement dated 6/1/98, : series 1998-2, Plaintiff, VS. MARIBETH CHUDYK 26 Longstreet Drive Carlisle, PA 17013, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW No, 2001-02397 P 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. 1. If the Sheriff's sale is not stopped, your property will be sold to this highest bidder. You may find out the price bid by calling {215~ 343-4100. 2. You may be able petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. DESCRIPTION ALL THAT CERTAIN piece or parcel of land with improvements thereon erected situated in the Township of Middlesex, County of Cumberland, Pennsylvania bounded and described as follows: BEGINNING at a pin on the Southern side of North Middlesex Drive (T-499) at the dividing line between Lots Nos. 1 and 2, as shown on the hereinafter mentioned Plan of Lots; thence along said dividing line between said Lots Nos. 1 and 2 South 17 degrees, West a distance of One hundred Seventy-five (175) feet to a pin at the line of lands of Ruth A. Clemson; thence along said line of lands of Ruth A, Clemson, South 82 degrees, 42 minutes, 20 seconds East a distance of One hundred (100) feet to a pin at line of lands of Raymond Smyser; thence along said line of lands of Raymond Smyser North 17 degrees East a distance of One hundred Seventy-five (175) feet to a pin on the Southern side of North Middlesex Drive (T499) first mentioned above; thence along said Southern side of North Middlesex Drive (T-499) North 82 degrees, 42 minutes, 20 seconds West a distance of One hundred (100) feet to a pin on the same at the dividing line between Lots Nos. 1 and 2 as shown on the hereinafter mentioned plan of Lots, the point and place of beginning. BEING Lot No. 1 as shown on the subdivision plan of property for Ruth Clemson as prepared by Ernest J. Walker, Professional Engineer, on April 24, 1972 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 23 page 109. BEING improved with a dwelling house known as 154 West Middlesex Drive, Carlisle, Pennsylvania. WRIT OF EXECUTION and/or A'I-I'ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 0 1-2397 CIVIL ~( TER~ CIVIL ACTION - LAW TO THE SHERIFF OF .~ ~rl_a~r~ .... COUNTY: To satisfy the debt, interest and costs due __~alle National ]~p_k, as Trustee under the pooling and _ service ~en39__nt dated 6/1/98, series 1998-2 PLAINTIFF(S) from Maribeth Chudyk, 26 Lon§street Drive, Carlisle, PA 17013 DEFENDANT(S) (1) You are directed to levy upon the properly of the defendant(s) and to sell_ See Leqal Description (2) You are also directed to attach the properly of the defendant(s) not levied upon in the possession of GARNISHEE(S) as foltows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any propedy of the defendant(s) or otherwise disposing thereof; (3) If property ol the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/he r that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $41,259.60 Interest frcm 7/10/01 per diem $10.04 Atty's Corem % Arty Paid S165.30 Plaintiff Paid L.L._ $.50 Due Prothy $1.00 Other Costs Date: .J~u.~y__~!, 2001 REQUESTING PARTY: Name Jeffrey A. Bennett, Esq. Address: 975 Easton Road, Suite 102 Warrington, PA 18976 Attorney for: Plaintiff Telephone: 215-343-4100 Supreme Coud ID No. 63352 Curtis R. Lon9 Prothonotary, Civil Division Deputy Cumberland Count:,: (~(bL(.z' ~ ~ anct moI~ , :,l ~xhibit "A" filed w this writ and by this reference inco~ porated herein, hate: .(~/.3 f. (5 / 280 /