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Home My WebLink About01-2978LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 44 SECOND STREET PIKE SUITE 101 SOUTHAMPTON, PA 1~966 (215) 942-9690 Attorney for Plaintiff LASAI .! .F~ NATIONAL BANK AS COURT OF COMMON PLEAS TRUSTEE UNDER POOLING AND SERVICING AOREEMENT DATED CUMBERLAND COUNTY 2/1/99 SERIES 1999-1 C CAOO, 60603 NO. PLAINTIFF COMPLAINT IN VS. MORTGAGE FORECLOSURE ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH 125 S. 16TH STREET CAMP I-BLL, PA 17011 DEFENDANTS COMPLAINT - CIVIL ACTION NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TH/S NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TFJ .VPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 44 SECOND STREET PIKE SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff LASALLE NATIONAL BANK AS COURT OF COMMON PLEAS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED CUMBERLAND COUNTY 2/1/99 SERIES 1999-1 135 SOUTH LASAI.I.E STREET, SUITE 200 CHICAGO, IL 60603 NO. O/- PLAINTIFF COMPLAINT IN VS. MORTGAGE FORECLOSURE ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 17011 DEFENDANTS CIVIL ACTION MORTGAGE FORECLOSURE 1. LaSalle National Bank as Trustee under Pooling and Servicing Agreement Dated 2/1/99 Series 1999-1, (hereinafter referred to as "Plaintiff') is an Institution, conducting business under the Laws of the Commonwealth of Pennsylvania and brings this action to foreclosure the mortgage between Eric R. Dieffenbach and Vicki Ann Dieffenbach, Mortgagors (hereinafter referred to as "Defendant") and itself as Mortgagee by Assignment. Said Mortgage was dated December 7, 1998 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County in Mortgage Book 1506, page 675. A copy of the Mortgage is attached and made a part hereof as Exhibit 'A'. 2. The Mortgage is secured by Defendants Note dated December 7, 1998 in the amount of $94,350.00 payable to Plaintiff in monthly installments with an interest rate of 11.625%. 3. The land subject to the mortgage is: 125 S. 16th Street, Camp Hill, PA 17011. 4. The Defendants, Eric R. Dieffenbach and Vicki Ann Dieffenbach are the real owners of the land subject to the mortgage and the Defendants' address is: 125 S. 16th Street Camp Hill, PA 17011. 5. The Mortgage is now in default due to the failure of the Defendants to make payments as they become due and owing. The following amounts are due: Principal Balance $94,261.14 Interest to 4/1 Il01 22,645.97 Accumulated Late Charges 1,240.76 Hazard Insurance 1,281.85 Inspection/CMA 112.00 Interest on Advances 65.32 Attorney Fees/Costs 3,700.00 TOTAL $123,307.04 plus interest from 4/19,2/01 at $34.90 per day, costs of suit and attorney fees. 6. In accordance with the provisions of the Act of January 30, 1974, P.L. 13 No. 6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose is required and the Notice of Homeowners' Emergency Mortgage Assistance was sent to Defendants April 4, 2001. The Defendants have not cured the default. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendants, in the sum of $123,307.04 together with the interest from 4/1~01 at $34.90 per day, costs of suit and attorney fees. Law Offices of Gregory Javardian BY: AI~-USTABLE RATE NOTE (LIBOR 6 Mi lth lnde2~ (As Published in The Wall Street JOUFOnl) -Bate Caps) THIS NOTE COI%rFAINS P tO¥1SIONS ALLOWING FOR CHANGES I1~ MY INT~ RATE AND IVP/ MONTHLY PAYMENT. '[ ffSNOTE LIMITS THE AMOZffqT h'P/INr t~KEb~F RATE CAI%I CH~qGE AT ANY ONE 'lIME, ANI) TI E MA~IVJ1M[ RATE 1 MUST PAY. I~IECHAN'~ CSBURCl, I~KNN$¥T'VANTA DIgCI~I~IB~IR '7, 3.998 , 3.25 S. 'I~;TH .c:l'l'K~JgT, :CAMP HIT.T., pE_NNSyT.VANIA 3.'703.3. 1. BORROWER'S PROMISI; TO PAY e m:eived, I promise to pay U.S. $ 94,350.00 (this amouot is in ~mm f_o.~r I loan fil~ I hi called"prin~ipal ). plus inte~st, t file order of file Leuder. The Lender is I~0UITY ONlg, 'rNCORPORAT~.Dt A I~I~ [S¥T'VAN~'A CORPOP~T~ON I understand that the Lender ma minster fills Nme. Thc Lg~der or anyone who takes tills NoLc by Iraflsfe~ and who is entitled ~o ~cejve psym~ats undt this No~ is called thc 'No~e Holder. · Interest will be cberp, ed on ~ npaid principal unLil the FMI amount of principal bas bean paid. I will pay inte,~st at a ycerly ra~ of 3.1..625 H. The iog~st rate I will PaYmay chnnSe th ncc°~'"'* wifil SectIon 4 °f this N°te' The inLerest ra~e tequi~d by his Sec~on 2 and SeclJon 4 of this No~ is tl~ rate I will pay both before sad ~ any default desc~ihod in S~,~ion 7(B) [ this Note. 3. pAYMENTS (A) Time and Place of Pal Mats I will pay principal mKI lute st by maldn~ paytt~flts every month. lwillmshomymonthJyps~ 3£msonthe 3.st; day of cech month hoginfling on F!~.BRUA~-¥ 3.~ 3.999 . I will make the~ paymcets cve~ month until I have paid Jill of the principal 0ad intefl~ sad any ~ chard, cs described below tha~ I may owe und~ this I lore. My monthly payments will be ~Jplied to iflte~c~ hofo~ p~im~pal. If. on ,.TANUARY 3., 2029 ,IstilloweamonmsuederfillsN°te'1willpayfil°cearnmmtsinf'ull°nthaldate' which is called the 'M~urily Da~ :~n lwillmskemymon~inypay tsa~ 4909 LOIJ'[$1~ DR~V~-t ~UTTB 3.06t MIgCHANTCSBURG, p~IIqN~¥~.VAN~[A 3.'7055 ora~adigYercntpincejfrequiredbytheNolel'lold~r. (B) ~Lmouo[ of My Initial ] ~outbly FaynJ~ts . This smonnt Es~:h of my initialmonfilly ~q, ymcms will be in the amonnt o[ U.S. $ 943.35 (C} Monthly Paymem Chn~q~es . . 4. I~ITEREST RATE AND MON'FIIL¥ PAYMENT CItANGE8 iA) Chnuge Iht~s (B) The Index ~e Dale, my interest rate will be based on an lintel. T~ 'Index' is file average of inter- Besinnlns with the first Ch S. dollar-denominated dep~its in the London ('Lihor"),.ss pub!Jsbed in ~ Wall ~ Journal. The most J~cent la~ ~utc ~vnlisine ~ of thc first hush,ss day of the Inonlh ~m~dis~ly pl~efilo[l the mun (C) Calcuhtion or Chtmse pe~ent~e poth~(s) ( 8.000 %) to the Currem index. The Note Holder will then tram thc r~sull of this addition to the nn~t onc-eisinh of one pe~-,~f~o.,e point (0.12~). (D) Limits on InteFest Bat,: Changes ~ ) No~l~ or Chm~Sm · · )f pny change. The notice will includ~ tnfom~on n~o, utrm oy ~. Bo~O~R'S ~G~ T ) ~PAY ....... t of ~ p~ o~y is ~wn will ~ no chmgm ~ t~ due ~ of my m~n~ly pt~ u~ ~e Note Hol~ ~ ~ wfiti~ m ~ ~- My p~iM p~y~t ~y ~ ~ ~ ~ of my ~n~ly pay~nts a~er ~e flint ~ D~ foll~ my 6. ~ C~RG~ · ' ' If a law, which s~lim m ~ 7. BO~O~R'S F~ ~ PAY AS REQ~ED (A) ~te Cha~m for O~ h,. ~y~ts a~er ~ed~it ~du~. I w~Hpay .laze~geto~oze Hol~.~e~nzof~e~ wHl~ ~.00 ~) ~ault .... . (C) N~ of ~ult If I ~ in fidault. ~ Note tolder ~y ~ ~ a wr~t~ ~ti~ t~lin~ ~ ~ if I do n~ pay the ov~uv ~unt ~) No Waiv~ By Note ~ ~ Even if, at a ti~ whca'l ~ ~ derail, the No~ Hold='dm not ~ui~ ~ to pay ~i~ly (E) ~t of N~c Hold Js ~ and ~ ' . - If ~ Note Hol~ ~ ~u ~ ~ m pay i~i~eiy in ~ll ~ d~cd~ a~ve, ~ No~ Ho~ wtil ~. G~NG OF N~C~S ~ No= Hold= a noti~ of my ( ~nt Mdse. will ~ givm by ~lin; it by fin ~ ~l ;o ~= Note Hold=r at ~e ~d~s ~ m ~ 3(A) a~ve or ~ a d~f~t 9. OBLIGATIONS OF ~R; 3NS ~ ~S N~ 10. W~ I ~ =y ~= ~n w~ bm ~ig~ ~ ~is No~ waive ~ d~ of p~ ~ ~ of di~. TE ........ MULTWrATI~ AI~UgI'fiI~ R~T{ 10:I~i-2OII 6 MONTB ~ID~X (A~ PUBLiSlllll ~1 '11~ WAIJ" ITBr~T JOUBN AXion 3~0 ~M T~r~ or tho ~op~ or a Bm~efidal lute'est in Borrows'. If opii~ if: (n) ~r ~s? m ~ nb~t~ m ~t mf~mon ~ux~ ~ ~ m ~dute ~ mn~ Ir~f~ n if a n~ I~ w~ ~nq ~ to t~ i~fe~, ~ (b) ~r ~ty ~11 not ~ imam by ~e ~n m~on ~ ~ ~ fist of n WffN~S THE HAND(~ AND SEA~S) OF THE UNDE~IGN~. MULTiSTAT~ AiDUSTABL~ RATI qOTE*LIBOR 6 MONTII INDS3f tAS IqlBLISla~ Eq ~ WALL ST~KET JOURNALI~n 3~,0~ ADDENDUM TO FNMA NOTE This ADDENDUM TO NOTE b m~e this 7th day of DECEMBER 7, 1998 and is Incorporated into and amends ~ ad supplements the Note, Adjustable Rate No~ or Balloon Note of the same date, and any IHCORPORATED, A extensions and renewals of thai Note, ~iven by the uflderalgnad ('Borrower") Io EQUITY ONE, ("Lncdcr"X'Note'). pENN.qyLVAN I A CORPORAT~qoN In addition to thc agrecments madc in the Note, Borrower and Lender further ag[ec as follows: I. Balloon Payment Lorn3 [] BALANCE OF THE LOAN A ) UNPAID INTEREST THEN DUE. TIlE l.~l~ur..~ sa TO REFINANCE THE LO/ ' AT THAT TIME. YOU WILL, TIIERF. FORE, BE REQUIRED TO MAKE A LENDER, pAYMENT OUT OF OTi:Oli A~J~'l~ Tn&T YOU MAY OWN~ OR YOU WILL HAVE TO ~ MONEY. WHICH MAY BE THE LEN] )ER YOU HAVE TnIS LOAN WITH, WILLL, NG TO 1END YOU IF YOU REFINANCE Tills LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALI, OF THE CLOSING COb'TS NORMAL ~¥ ASSOCIATED WITH l NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SA_ME LENDF.~. B. The 'Payments" section of the ~ote is amended by deleting Ihs first sentence and repidcms tt with the follovflng language it by msl~ing payments every month. Each of my regular monddy payments, except for "I will pay principal and tilters ~, t of U S $ H/A Ass.ming all scheduled payments o.f the final payment, will he in ti ~. amonn ' ' ' ' A on their due dales, the final payment will he U.S. $ lq/ - principal aiid interesl are made N/A which will be [Now York only: 'The above ~paclfted final payment consists of U.S, $ principal and the balance wil L~ iotexeat."] 2, The section of the Note e~titi~', ,,Borrower's promise $o Pay," is ameaded by adding tho foBowiog language afon thc first sentence: "Any amounts (}wed under the SecunCy Instrument that is egecuted m onujuncrion with this Nolo am and shall be pan of the debt obllga~ion under dtis Note.' ' · ' the section of the Note entidad, "Interest," the language, if any, which states :3, If the Note is a. second mo?g.a.g~ .No.~, in ........ :o ...,~ .,,a coution os' $ deleted and replaced with 'on unpaid that interns~ will he charged I~glnntng on rue on~c ~ u,,. ,..,,- -- principal.'' Panher,, new sez~,.~e,, is. add.: :The ~.t..._~,.t,_ra_te_.~F~l..~;~u~t~ ,b,Y~Su~.S~,,u°° 2 is the rate, will pay both before and after any default de~rihed tn the sec-on ot oils nuu; e,.t~-,,,.,'~ ~ · · ,, . ' ~ b add' the following 5. If thc Note is an adjustsble rate 4nte: a) the section of the Note entidnd, "Paymenth" (A) "Time and Place of Payments," nco which reads, 'My monthly paymemts will be eppliad to interest before pridcipid." and is amended by deledng the sen . · angongu: ".E~ch of my regular monthly payments wtil he applied first to amounts due for replacing it with Iho following , · any merows for texns and Insu ancc under the SecuriLy Ip. stmmeot, ~ to accrued and uppidd m~rast as if the payment Ilnss of wigm the payment is actually received and the i, emainder, if any, to tile unpaid is made on its don date, regur ~FgeS, collection costs and expenses, dishonored check charges and payments made by the Note Hoidar to enforce this [, ,ts and/or to protect the Note Holder's m, te~ats under the accotlnt." and b) file secfioo f the No~ entitled, "Interest Rate and Mmlthly payment Cko-of'f" (D) -liudts on Interest Rate Changes," is ai tended by adding the followidg language, 'My inte~st rate will never he 10.625 %.' 6, If the Note is a fLxed rate ~ :)ac, the section of the Note entitled, "Tune dod Place of Paymmts" or ahenlately , ,, · Isling (if applicable) the sentence which Feeds, 'My monddy payments will be applied to payments, ~s amended by dI ~Y adding the following language before the sentence which .co .rains th~..matority., uda~er interest hef°re Principal ' ncd tvmeer5 will he applied first to amonnte due for any eserows m~ taxns ..aaa manrunce ._ 'Each of my regular monthly p ~ecrund and unpaid iotereat to the date of paymeut and ~he rep,,,,t~ler, if any, to the unpaid principal balance. Any late ch a'gus, collection costs and expensns, dishonored chock ~ and payme~Is made by the No~ Holder to enforce this } ore and/or to pFO~Ct the Note Holder's interests under the Security InsU'umont will bc assessed separately. This does ~t edot into account any payments for optional mo~.nge products that ate charged to mt ided .Borrower's Riilht to Prepay" or alte~'antely "Borrower's Payments B~ore Tl~ 7, A, 'I~e section of the Note e~ ,) adding to the end of the first sentence thc following J .a~,onge, ', but the Note_Hnld.~e Are Du~,' b amondnd by Instmmeer."; b) deleting, I : sentence widoh states, 'The Note Holder will u~ all of my prepayments to reduce th, amount of principai that Il ~eonder this Note.-; and c) addiag after the final sentence the foilowitoz Inngunge, "Excep as provided In the "Loan ~lmrgns" section (if any) or otherwise provided by applicable law, the Note Holder exn~ any prepaid finance char at the time the loan is mad~ and un part of it will he zefonded if I pay in full ahead e scheduin. ' B. If ~,l~repuym~ot chargu is co'ted in conneatinn with this loan. the section of tim Note anti, lad, "Loan Chor~s" (if any) is arannded by adding to rite lend of tbe final mltenan the following language. 'without any prepaymant charge." 8. In the State of Arizona, a provia,'o~, is added to the Note as follows: ..~ tContractnd for Rate OF interut i apan to pay an ulyecdve con ra~ed fur rate of thterest equal to the interest rate as ProVtOen in ibis Note ~ the add tinnal parer~t ~Sul,ing ~ any Additional Sums. The Additiottel ~ .s~? .no~is~.of all f.~S.. chargus, goods, things in aotionbr other sums or thmgs of value (other than totereat su provided m this Note) pato or pa~ante by me, whether pursuant to this Note. the Security Instrument sucuring this Note or any other document or instmmant in any way pertsining to this loan. that my be deemed to be interest for the purpose of any law of the State of Arizona .l~at ma..y. !imi~ the maxjmura amoum of interesl to be charged with respect to Ibis loan. Thc Additional Suum abdl be deemed ro ce a~oloolmi interest for tbe proposes of any Juch law only.' 9. The section of thc Note entitled 'Late Chargu for Overdue Payments," is amended by replacing die word "ovcrdno' in the second snoa21ce with the woni ' th~ulad" eancpt in the Steres of Colorado. Deinwa~, Idaho. Ivlassuchus~ts, North CLmllrm, Rhode island (if secured by a sc )minry lien). Utah md Wisnornin in which the word "ovcl'dno' shall be replaced with 'unpaid amount of the.' If the Note is a Fixed rate Note. ef~er thc final sentence add the following language, 'Any late charge will be in addition to interest on Ibc thc~ ontstsading principal for cinch day the payment is lie.' 10. The scot one of the Note ernitiedt #Notice Of Deranit" mid "Uniform Note*" are anamdad by changing the notice of. defanlt or ?~-!,~ratinu to be at lesst 60 dal~ if die Inon is sucumi by a s~condeP7 lien on md propm~ in ~ State of Counectatot and at 1~ ~g d~l~ if ti~ loan is ~'.~d by alian o~ n'~l pml~ty m the Stete ni' Oklaboma.. 11. If thi~ is an adjmtul~,l~ r~¢ Nol ~, than ~ ml~raSraph antitlad, 'T~anf~ o1' tbe l~Ol~'~}' or ~ B~lelni lnt~t fo Borrowor," is an~endcd by dele lng the provisions relating to assumption of the loan. 12. ~ccpr for thaS~teofIlanotcky thcsectinnoftheNoteantided."PaymemofNotello]dor's Cogs and Expensus,' isdaleled in its entirely and is replaced by he i'olinwing language: *If I default, whether or not thc ~Iote Holder has required mc to pay hnmedhanly in full as ~csc£ibed above, thc Note Hulder will have the fight to be paid ha ~ by me for all of its costs and expenses i.n, enforcing this Note to thc extent not prohibited by applicable law. Those expanses rielude, for example, reasonable attorneys fees, nollectionnosts and expenses, servicing and dishonored cheek charges ti ~ the fullest extent not prohibited by applicchlc law.' 13. In the State of K.entanky, the sec ion of ~ Note entitled, *Payment or Note Holder's Costs and grpeusee** is deleted in its entir~ and replaced by the fullt wing innguagc: 'Il' I default, whether or not tbe Note Holder has required me to pay inunediataly in full as described above, the Note Holder will have the right to be paid be( £ by me for all of its coats and expanses in enfureing [his Note to the earant not prohibited by applicable law. Those expanses ianlude, for example, reasonable attorneys' fees not in excesu of fiP.~fl percent (15%) of the unpaid balance of the loan paid ~ ) an attm~ey not a seisricd employee or' thc Note Holder. I will also pay a reasonable charge for each dishonored cheek, drul~ r other instmrneot issued by me in payment on this loan.' 14. Thc section of the Note entide'l. 'Obligutions/Respunsibtiity of Pe-'~o~s Under This Note** is amended by adding the following language to the end ol the first sentenee: 'plus the chaagcs as dcscrthed in he seclinllS entitled. #Late Charges for Overdue Payments# and #Payment of Note Holder e CosteandExltenosu.' Inldel~ Maryland. South Dakota. Texas and Uteh. in addition to chargu~ apeelfiad eltewhare in this Note. in the Seculity InSllVmant liven lo secu~ this Note, or in any other agreemcot in connoctino with this Note, I agree to connection with the preparatinnI closing, and disbursement of thc loan; any expand, mx or cberge paid tea guvcmmcotal agency; exsmination of title, apl relsal or costs necessary or appropriate to the security of thc loan; premiums for credit ti[e, credit accident and health, c~db disability, involuntery unemployment benefit and similar insorance coverages but only if fha refinancing cha~gsu; points; flo(x certificatinn fore; and an}' od~r charges, but not including any fees or charges for any services for which I ma}' not be nlmagad ~ tar tho Troth in Landing Acl, the Rcul Eatate Satticment PmcedutTs Aot or any other stemte or regulation.' 15. In the State of Virginia, the first tentencc in the scetinn of thc Note (Form 3200. 3260 or 3520) antidad. 'Waive3,' is deleted and ameuded to read as fdilows: the ~eed exemption.* 16. FU thc Ohio (Form 3936) and Mi machusons (Form 3922) Second Moflgagu Notas, ina final two seotl'aces of thc seclinn antidcd. BOlTOWer's Payments Bofore ' 'hey Are Due," are deleted. ,ina lnon is a Balloon Paymant Loan tluma new section is !fl~,.,I to thc Note as follows: I?.A. In thc State of New York. if "NOTICE OF MA I will receive a uode~ of mattadty not less dmn ninety (90) days nor more than one hund~d twenty (120) days prior to thc llloturity of thb loan. TH~Tt~p, MOF-I-ilm;LOANIS *:tO yEAR~.ASA~T, YOU WILL BE REQUIRED TO REPAY TI:(E EN'I-] It~ PRINCIPAL BALANCE AND ANY ACCRUED l~a'~a I~-qT 't'ltm;N OV!~N G 3 0 YEARS I~ OM THE, DATE ON Vt~ICH THE LOAN PROCEF, I~ ARE DISBURSED. THE LENDER. HAS Nt ~ OBLIGATION TO REfiNANCE THIS LOAN AT Tll~ END OF ITS TERM. THEREFORE, YOU M &¥ BE REQUiI~D TO REPAY TIlE LOAN OUT OF ASSETS YOU OWN OR ~' YOU MAY HAVE TO FIND ANOTHER LENDER WILLING TO HEFINANCE THE LOAN. ASSUMING THIS LEI ~)ER OR ANOFHER LENDER REFINANCES THIS LOAN AT MATURITY, 'YOU WILL PROBABI ~ BE CHARGED INYEREST AT ~t' HATES PREVAILING AT THAT TIME AND SUCH PA' SS MAY BE HIGBER THAN THE IN-rEa~'r PATE pAID ON Tills LOAN. YOU MAY ALSO K VE TO PAY 8OME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH ~V MORTGAGE LOAN." B. In the ~ate of New ¥or f the Security instmrucnt which ~curas th~ Note is a second or junior priority In~trome~t the~ the folio ~ing notice applies and a new provision is eddnd m follows: "DEFAULT IN THE Pr .YMENT OF THIS LOAN AGREEMENT MAY REb~[JLT IN THE LO~S OF PROPERTY SECUP~ ~ THE LOAN. UNDER FEDERAL LAW, YOU MAY HAVE T~ RIG_I~_ T~ CANCEL TIllS AGR~ a. MENT. IF 'YOU HA'YE THIS R~GIIT, '1'1t~ CREDITOR IS REQOll~U PROVIDE YOU V/ITl] A SEPARATE WRITTEN No'rICE SPECIFYING THE CIRCOMSTANCES AND TllVI~ ONDER WltlC [t YOU CAN F_..~RCISE THIS RIG~IT.~' lg. A provision is added to d2 1 inte as follows: OADDITIONAL SER,YlC] qG FEES: In eddi~ino to charges specified c]s~where in ~ Note, in the Security instmmem 8iYen to secure ~ ~is Note, or in any ofl~r agreement in conucc~ion w~,b. this Nom, [ sar~ m pay, to the inllest extent ~ot prohibited ~ applicable law, ~e f°tl°wingif chsrged in cnonccfi°° with ~his I°an: any fees impoasd by the Lender's discherg¢ c telisth~linn of lien(s) (whaher upon paymen£ in fidl. ~celerarion or matority); payoff quotes/chergas; delivery cJ~ ~s; inspection fees and/or payment history charges." tg. A provision is added m the 1 Iote as t'oliows: A. *'APPLICABLE LAW. Th s Nolo shall he sovemed by federal law and, to the extent not inconsistent with or restrictive than federal law o~ relanlatJon govemi~ the Lender, the Iltws of the judedictlon in winch the property dofmed in the Security Imtrumem as the "property' is located. In the evcnt of a conflict betw~m any provision of this Note and any such law or regulati m io effect as of the date of this Note, asch law or regulation shall consol ~ the e~t. ~is of such conflict and Ihe cno~ tctin8 provision contained in Otis Note shell be wiflmut effect. All other provmtons ox mt Note w~ill remain fully effect ye and enforceable.' anaryasno: toe ....... initle 10 the Lender elec4s to make ~nod mortgage Iom~q under Md. Com. Law Code Ann. ttt~e t2, mt . Minnasota~ If one of the b ~es below is checked, the Lender is exteddin,~.,eredit .and the ioter~t rate on ~,.~is Note is cherB._e~pum~ant tothespe~ ~tndprovisionof~e~inoesoteStatute~: II Se~inos4?.20n~14?.204 ti Chapter 56 il Other: Se~tlno Specify Sectmn Ohio: If this is a first rm t~age loan, such loan is made pursuant to se~tinn 1343 of the Ohio Rb-visnd Code as preempted by the usury pro~ ~sinm of Publin Law ~6-221, and the terms of this loan are not subject to any provisions of the Ohio Mort~ge Loan ~,c~. 20. If the Note is secm~d by it ~cond or junior lien on teal proparty lc.c_~*,"d in the State of fuwa, then the following provision applias: ..... Unless other/las preened by applicable federal or other law, the attorneys fees provtstmt m the suctton entitled, · Payment of Note Holt ~*s ~ and E~Mmsas** is detatnd in its enfu~cty. 2t. If the Note is resigned or o mSfert~d, all or a pro,ion of this Addendnm to Note may he ¥ob~d at the option of the assignee or tra~feruc. Any terms and provisions of the Addendum to Note which nr~ voided will be ~ovcmed by the original totals and provisior of the Note. BY SXONING BELOW, Bo ower accepts and agrees to the tea-ms and provisions contethed in this Addendum to Note. ~R'rC R. DTI~'ENIB~.CX~ .(Scad .(Seal) ($e~) (Seal) wb~.hhastheaddr~sef 125 S. 16TH STREET, CAMP I~ ~v~a 17011 (~' ~"); ~s ~n~ ~. All of tb ~ is ~f~ ~ h ~ ~U ~ w~m ~ wBI ~ ~ly ~e fide M ~e ~ ~s of ~. UNARM CO~A~. ~ ~ :~ ~t ~ 2. ~ ~~ OF dds Secoril,). %sram·mt and droll commue m orcu/tS' die Properly m 8(]ROWCT'~ pdAvilxd ri:Mdc]me btr at Iorm oM )'e~ ~K thc d~e o[ o(:cupmcy, unieas I m~ler ~ aSx~s bt WdUAA, W'Alt~, eome~ shall not he um~,mm~bly mdd~eM. o~ unlem extllmmlj~ ~ eAi~ wbid] lac bg~o-a OofTow~'n co~l. 9orrow~ lindl la0& delm~, dlllll~: or impair the ptolemy, re]low du; PmgorLy to dmrk,r~e, or ormmtt wame r,n tie Pfllmty. Boflowef dMI I~ bt d~rmlt if any f~ accioa ~ prucaMbt& whethe~ civil or cfimbtai, Is bepto that ir. 1.~ Food Iai", ~P-_,,~,.* cmJM worult in J'or '~c~&~ of tho Pxepmy e~ odmwim mmflaib' lmpW die U,m c-:*,,-~ by ,HA ~,,~,~ty btgtmmem or Lmdeg'n seanity to lto dimlilised with · ruJins th·X, bt s .M,..,s ~x]d faith dk'tCmths~i~t, D~'clndu fflffaitlire OF thc GorzOWeE"S I[]Wzut in the Pz(tSwZT}' or 0thkT ~ hl]pairmeto or tho UeG ¢~ted by 1his Sitcurily btlt~ or f..ea~'s scruff·), ~orsov4~ ihaU clio b~ In default if Horfowec, du~n~ The loin ippl~ p~oorss, ,p.&~ aufctblly ~ or Inl:cm~ze Int~sn~Mi0G or etammm~ta 1o LAndeT (or hJk'd to l~uvld~ LLmdcF with any rnme~M info:~ in (:onneL'fl4m v, dth UE Juan l p~nc,~,plT reaidencc. [f 1Ids Sorufi~ XflP. mmtem le on a Jcaschold. T~(X2T)wer Ih·il wmpl.y with 'm the pv~vleJom& or tho leme. If 3~o3'zovlor KqUtf~ tee Title to the Prup~y, dK: J,~l-,ld and r~, lie rifle d~111 not merge unlel& Lend·' ll~ to the co~abtnd In thie .'4ecufi~, Iort~WAe~, or them is · lepJ pr*_-_._,~,__l~ th·l ~ d~Jt'~b' ~ ~ad~"l d~t! ha the pmpen). (such ms · L~..ooredlo~ h h~, p[obau:, Gx coedunm:btn or forfMtum or TO noto~ce IBv4 or regldatb'n&), L~opett~. ~ ,qvq,~-'l ic~ RIq, bICInde pB3~ll8 aly GiwJ MGornd by a 1i~1 wbb~z bag ]h'lor~ uvI,T ·kb ~y ~. app~ bt ~x~ml, pl~bts :unnadde attorney·' Fcu and etoe~ m~ the Pmpctt)' to makc n:indrl. Ahhno~h I,eedm' la·Ge miou undK Ihb pu'dimph ?, ~--"~_ dots nto b~ m do no. A~ nm· didxuml ~ I.mdcr u~d~ thb por~JTsph 7 ~1 be~mn~ edcU~ond debi OF IJ~ scold by thle ~oriL'j, InftmmtHt. IJnlMa Bor fow~ and. J. JMer apee to ~ lento Qt' peyn~ut, ·ham annA·ts dlail born intc~JI f. tan da~e OF dJsMIL-uta~ az Ihe Noth me ired d~dl be puyd~, with ~m. upoo nodc~ rmm r '"'a-' to 9or[owor re~umdns O. Mortp~ lmoram~.. If f,end~ required mortp~e msm'aoce M i cQndidou Of mai~ t~ Jou m~ons:l by this Secm'ity Imtmmmq Bowowu' siE~ Fay d~ Ihlnimm mlubt:d to ~,E,..G. the mO.'Tpf~ b2mlln~ ia ,.IT~,.t. Jr, for ant' r~eu, b ~ imunm~ ~ required by LaMer Iq~cs or co·cs to IE m efliEt, Borrow~ 1nEll pay the FCIIdTL'm ~lub~d to ob·ah coverage lUbltamhlt.T c~aiv.aicnt to tIE me~lpne bt·mince prevkx]8~ in effect, at · rust mthmatole]ly equtvale~ to the elm TO I~Ym~.F ~ the mm~Bane mSunn~ p~q~ou~v i~ e~ec~ ]Trm~ m di;~ud~ mu~t~e btm·' apl~ov~d by l.endm'. If sub~mtJaiJ~ cqthvaimt moflpl~ I,~ ~o,,'q~l~ b Mt svaibblc, Bm~ower shaft pay [o I,m~' ·th mordh · sum equai to e~-twdf~ of the )~fly mo~,qoF Insuran~ pzunium ~ paid by Bom~wer when d~ immrmc~ Govc~aSg bp-'a or cealnd to bc in c~l:c~. LAMc~ wUl acorpl, ule I~,d [efai1~ fl~e D&ymem~ m & Iml ~aetvc ~ ik~l of nl~g~a~c LmurlJag~. ~ ~ pa~ll~n m~ flo Infirm he requited, a~ th~ opt~m OF l~,,l~r. ~ ~ i~umnce emefap 0n tfac mloml~ awn th~ the per, nd tha~ L~mder l~'quhu) pl~,id~l by m bm~ ~d ~ T ~ ~n bec(2~es aviall·bin nd is obtained. Bofl~veF bbail Imy th~ pn:udmms n:qui~d to zmbndn mortGa~ In~rauac~ bt u'~ct, or to p~vide · Toss ntmve, unGI the red~rement hr tnn~pp insurance ends bt acnordmcl vid] an}, writlen bertram Rmrower and Lenber or qIplicaMe btw. 9. Ior~ Lender ol. in ism· imy malw z~uonaMe mdu uptm and iz~1](~Juas oL' th" ~'. L,cnde~ ihaU ~Jve lion:rower nntlec a~ thc ti:n~ or or proof Io In inspcclJoG Ipcclfyl.18 reamnld~Je n for fie ths[~. tO. CC~ The proceeds or Iny Iv;m'd fir claim for da~, direct ~t mw&'qU~lfid, in co·leGit· w~ any condemnKhm m- ncMr takbtB of any paff. tit' Ih,~ P~y, t~ Git wnvL-pm.'e bt Ih OF oondmmadoa, me hc:cby · .wiShed aM ai]ldl I~ p.,Id m Lcadtr. tn [hu I.'YcalL of · 1olsi ia]d~ d [he Properly, tIE p _r~__~-_ [hnll be applied lo the rdnu am:ored by thin SeCllr~' Inalrum0nt. whether or not lien due. with an.y exnou paid Ln Bml~wer. bt tie evord OF · pmlbtl ndcbtS OF the WopeftyIn which the fair mark~ vabte OF the Pr(~S)~ JmmMletoly berg. re th~ thldn8 Ii equal to or nth:mw than tho mumm; OF thc ·me secorcd by this Sctlrity JlMAmlmt Imp~'"t/Mpiy bclc~c thc ttk;]l~, unlela Hor.,'ow~r 8Jnd I ~ othP.~llle ~ ia wilting, the sums soruKd by this Security ]n~ ah·Il be reduced T~ Iht: amount of the pu,,,,-d, ri·id]died by the h·ctJnn: (a) IIw mLIJ amount nF the h'lmn secured inmledi~dy I1~ the ··king, divided by (b) the thJT mlrk~ Yaitm of the iqt2Twz~,' ~y befo~ thr~ rdth]J, An.y balance skal] be pdd lo Donowcr. bt thu cvcnt or · panini rd·hit un' thc l~MpL.~y jn which thc fair nml~ct vaduc of tIE P~JlXX1), btnndhtd~, bcforc thc ud~np Jo leto thn thc uuou~ of the mt· mF, ured iumudthtely hel~e the uLk~, umJem Borrower and Leflber miEf~M antwo in M'ltlt~ oF unless appiicd~le law otis'wise l?mVMeS, the procends SlUdI be q2plled m the sinus aecurnd by thia Seciflty b2smuornr whether or mt the roms ma~e an awm'd or aettk i dabn h' ds·aGes, Honow~ faihs to reR~ond to l.et~der width 30 dn~ aY~ef the date the ptoice is 8ive~ Tender j~ .,.,~,.rizM to COlkEt and ~ly the pr·zeds, i iLS option, dth~ TO remorndon or fepah' of the or to the m secu~d by th~ SKmdLy ImL,,]---~r. Id.,!h.? or MI Ilu~ dut Un]cra L,md~ nd BOnOM~ otiErwiac ~ h writinG, a~y q~llemb~ of p~s Io pflacipal ah·il ~ol ~ ~ono ~he duc dire of tie mo·obey pq, mmts ~ to In pm'apap~ 1 md 2 or c~nse me umK OF sot" pq~.ents. 11. Ik~formr NTO Rdeamd; Pmbemutm By LL. ndfr N~ t Wdver. Rzuemiou OF TIE time thr p~ymeto oc OF Bouowfr shsU oot opemle to reh~e the U~ULty OF the odsinM Bo~to~ or Bormwor'l auccnt~oL1 bt imefe~t. Lmder · nEll nat be mplmd to nom~ ~htp apinst aA)' succmaor iA inlemst or ]~'rum mo emend time for ~ or othervwe mndUy amorILlado~ofthe mm~ a~-gA'4 by thJa Secor~. hst~t,.v'.r by Inoton o~ ~y dman,~ mad~ by the orlghai MAW or L?OrTOW'U"! SUCeC~Ofll h bllC~. ~ lt2ZbCa[WIC~ by I md,f h clcrclein~ ItDy ~ or rc~3cdy ~ Mt be z waiver or or p'eclude the exercise or Iny tiS1:· m' re·My. Securlt~ ·:mm·em eh·il bind and beorfit the ~ am] a~ls~ t)£ L,u]d~ and BmTowcr, subJeCL lo th. p~vbloas parniri~ I'/. t~xfow,f'i COWlUm and agTemne~n iiEJl be joht and aeverd. An), BormweT V,W CO-ai~QI dale S~Jrlty fnstnmatm b~t W not eT. Kute tho Note: (I) ¥ co-slJnbtB this SKurby hsuannm o[G.v to :noflnq·. pant and convq; 13. Lml ChmBeL If Thc lorn1 K4~Z~J by Ibis Security JnsU'ument is subject to a law v4~.h scm muimJm loan ch3tse~, and tirol law is fludty immlMeled ~o that the In~eres~ (w odam' toizt cbarpm m~:tltsl tw ~ ~ ~ In ~i~ wjds the loan ,~,,~ the permitted limit~, tbmn: (a) my eu~t loon ctm~ shall be t~educed ~ ~ ~ ~ m ~2~ be it~illld~d W So~. ~ may CllOOie to rent's fhil ze~ttlid b~ flKJllChl~ Ihe Jlcim.'ipal tared ,,~t'* thc Note ~ ~ mal~ a diz-m,.t iraymm~ to Boflower. If a re~mld ~aducM lst~cipaJ, Itw n:dlp~ieG will be tzea~t m & p~ttat pL'q~ayment maitinit it by rzm clam mall tmlcss applicable law l~qUtl~l the o~ aao~ mcdl(xl. The nodc(: shill bl~ d~ed IO the pmpesty Addrcla oF amy otbm' addrem Bflwwwer dmTsnat~ by nor. k~ to Lcndm'. AGy not~ m r ~ ~11 ~ ~i~ ~ tim clam mill to I.ead~'l ~ Itatmd bm~t ur a~y udam' addz~s Lcaidc~ deal~UlteS i~ ootIce to ~,.,G..er. l~Oyided ~ol' tit I~ Sec0FJty bl~nnut~t shadl be dt'~ to hay8 been ~iven to 1~ m' r.~ ~ ~v~ E ~ 1~. Ge~k~_ l.sw~ Sr4nMl~. ~Tds ,~L, tt~ ImG-um~ droll Ix: ~wmuml by J'c(h~d taw ud the taw o~ the ~rjsdj~ in Mttch tim Pro~,fly is located. In the evemt that amy pmvimon o~ claum ~ lhb ~i~ I~ ~ ~ Ho~ conflim with applicable law, mM,it ~ shadl not affcct ~ pfovbion~ of this .qecurity lnstmn~nt o~ tl~ Note which can be ~ cff~, wii]m~t the eonflk~nl p~vi,~m, 1'o dais end the ptovisionx ol' this Secu~Ly lnstrmmmt ~ the d~:lar, xl Io bc scv~abic. 16. ~mvowms'a Oapy. Bormwm' ~ be 8tvr. n on~ cm~fonncd ~ o£ the Note a~l or ~his Sc~u~), Jnamlmem. I?. ~ ~' dae ]~op~ gc a ~JT,-ba lnlmmt h Bmmwer. I~' all or any pan of tim Pt~ m' an)' intelut fit it ia gold or ua~d (or it'a l~cla] infef~f In ~..~er is Imld ol' tr0~sfeffed a~t ]~ b ~ot a nat~ ~ w]lkom J.e~t~'a prior wdttm con~nt, l~nder nmy, et its opdoa, Kquite Immedime paymml tn full o~ ~ mints eec~ed as K dl~ daw or dais q-,'udty ]~ 1 ..,u4,v* exeKi~ this olxJozl. Lender d2all give Dorfower no~Ju~ ol~ -._',_?l_~-*iuu. 'Tlac-_ ,_~,_? dudl p~)vid~ · pc~bxi m' not Jess thru 30 diys from the dale die nolice b G3tGivm~d o~ muilat widlb wblcb ~ ~ ~ ~t ~ ~ by Ibis ~ty ]mmunem. If Bo~mvm, fall~ t~ pay d~ ~m-- prior m fhe esplrat~n of ~ pe~od, LendlT ~ invoke Sc~rity I~t~muem; or (b) e.~T ~ ·/mdlme.t en fc,~.i;~ ~hi, S~t~ Insmm~n~. Tbos~ ,;ondid~s m~ ~ Bm~ov~-: tl~S I.mMer .11 mm. wbi~ ~ wo~d bm d~ tmd~ Ibis Stc.zlq,. Imminent amt tl~ Not~ m it'no m:~tmatiem had the stm~ seemed hy Ibis ~,',,Hff Ir, atnmmat shall ~mtinue tm,'~'~Bcd. Tlptm t~Ud~'*'"~nt by Bon~0wer, t~s smm3mt and ibc ~di~ ~.,~,,,M land)y shall ~aaln ~gy effective u if po .,',',4,',.~on bad oecu~Te~, flowevm', d~ie ~ht to z~inms~ sb&ll not ~p~y Jn dae c~e of soce~mation ,,,,~ p,'*ta~q~. 17. 19. Sale M' Not~ Clm~e o~ L~ ~nicer. ~ll~e .%tote or a pat'da~ In~-~t in the Note (top~dwr wi~ ~ ~ty Insu~m~nt) nuy he m.,Id role o~ nmre dines widwl~ prior no,cc to BMTOV~r. & MIc ma~* l~t ht a ~c in I~ ~ty (known M the *Loan Sef~ccr') th-* t:oliccis mualMy p&yzn:uts dac ,,.,L~ the NQ(e and *hie SCCIKIty Ins~,!,~-*. 'lltC~ Idao miry b~ un~ ~ ino~ dmz~ or' the Loan $crvlccr un~clatcd to I s&l¢ of thc No(e. If ~ b a ~e ~ ~ ~m ~w~, Hossowe~ will be Wen wfiff(m notice of I~e cfam~ in a~cotdance wii'h parall-'~ 14 abtwe and a~plicahle law, The nMice ~il1 atale ~e natal: and addaua of ~h,' n~w LGm Se~lcer and tlic add~m to which pa~mmm abouk be mmic. 'llw notic~ will abo ~m,s~. ~,. OIhLT hi ftJ~13gLIG41 rcqGIz~d by llpplicablc law. any. Hmmrdoms Subttance~ oo o~ in tb~ Prop~. Ro~ower ~hall not do, nor allow anyone elne m dl~, an~hin~ lffectiq[ the I~ that ia in violation of m~v ffnvim~wntal Law. 'l'nc protein8 two a~ntcncea sludl not al~]y Io the print'ucc, nonml resLde~ia] lmm aad m mabxtmance of the Pmpe~y by alzy ~ovet~ Or iT:~J]tlpJry a&mlL? (it' prlva~ ~rty invulvln~ th~ Pru~.~y Ind rely HllmlnJoul b'ubbtlm:c or l~nvL--'--~-.~:d Latw o£ wh~,'h/~ baa Klu:d knowlcd~. If I~ lcama, OT bs ool~uaJ by au~ ~OVCa'D:I~tBI Or re~lato~ nuthm~ty, ~ ~ny Yemoval or olher remedialJon o~ any H&qT(Inw ,tul'Atml~ att'em~n~ [M Properly in nfeeq.~, by Env~mamm~d Law ~d d~ :ro].lowlnf, mt,--*,,-~: Jtsmoli~e, kemslm, other fla~ or !,,-i,- ?t'~mtemm pmdum, Toxic p~,'M~ and ~des, volaflle solvem. ,,,w.~ co~ a.~ or h2mmid~ and md~ve nUlL ~ ~ In Thb pm~h 20, "Env~l L&w' means fcdm-d Im and I~ of rl,~ Jurbd~'Gon M tlw F'~ b JocaWd 2t. A~mlm; n,...*,~ r ,.--L,.- dudt Ili,m micc to Bummm- i~r Io itm:dw~ folk~ B~-'s bnmt law LMU~ olla~tse), s -,~ ~ad] n~ Bm3umm. o~, --,,~_ other ib~: (s) dm d~as~ ~) lira aedma seqglsml m ~ tbr 'a'&'d': (C) ldae~ lh~ ~dl ~mSt bi cwId; IIId (d) shM *~d1,*~ IO CUSe 1he da~ult M .mv,d.i~0d W mt h ~ of tim sins m:umd, by dab ~,-,~ Imu*.~r: ~me by ju~ pM,,d~ amd mira M dao pmk. l,mdm, dmJl n0odS06' ,b*M PROPgR?Y DBSCR~PTTO~ being in t:he Boxovg~ o£ ~m~ W. 11, in I~w Cmmty of cumber2and, ,md 1-4 IrAMILY BIDB~ inwz~o~al~ into ~ ~ ~ d~ m ~ ~d ~t ~ M~, ~ orT~ ~ ~ ~ (t~ '~ (~'T~') U~ ~ ~ ~ ~ ~ ~ ~ln ~ ~ ~ ~1~: ~ ~ ~ t~ ~ Tm~t. ~1 nf ~ f~h8 ~ ~ ~ ~y d~ h ~ ~r~ g. U~ ~ R~; ~IkN~ Wliil LAW, ~ K m tqm ~ or ~.h ~ ~ (~cal) b. Laquage Is uid~l Io 11~ =q'~-'"4lY Imumm m follows: ~UDIC~ ~1~ AND ~AT BY ~O ~$ M~AG~ 1 ~LY ~VK ~ MY ~O~ ~ ~[S ~OT~ION FOR ~ MOR~ P~ ~ R~P~ ~ ~ ~ U~N THIS MOR~A~,' ~ ~ ~c ~ ~ ~ ~ n I~ ~m ~ ~y in ~ ~ ~O~a. ~ ~ ~ ~fl~ I~1: S~.I4 of ~ ~ ~ ~ ~ [~ly ~ if ~r ~ys ~ ~ ~ ~ b ~ ~s ~ ~ ~ ~, ~s dl m ~ ~,~ ~maim If ~ ~y b~ b ~ 3~1. ~c ~ ~ of ~ pm~ ~. ~'d~u A~,· Js ~. OS, · msiSOG~t ,G65 0E. (LIBOR 6 MeMh Index (As Publbhed In TIm Wdl Str~ Jeurmd) - ~Jtte C~p8) TH']SADJUSTABLERATI~RtD~Risnude~Is ?Lb d~yof D3~I~'~ER, 1998 ,ndis incmpumted ia*,, and sh~l be 6:cm~ to s~n~.nd n~d mpplaum~ II~ b~c. ~ o£Tmd or Security Dee(3 (~c 'Security X2ut,,,~.,-f ' ) of I~ same d~e S~vm by the underfeed (the "Bo~tow~") to secom Bormv, T~s Adjustable Rate Note (the 'No~")to EOL~TY ON~, TNCORPORATED, A PI~"~SYL3.rANxA CORr, ORAT:ON 0he 't,'~4-.'") of thc fotoc ~ate sod covering ~: Wqst~ described in The Security Instmm~at and 1~ ~: 12S S. 16TH STREET, CA~P RILL, PENNSYLVANIA 17011 T~E ~ ~:~'rAIN8 ~O%~.~(-JNS A~OW[NO FOR CNANGES ~N -l'~ F~FEREgT RATE AND T~E MONthLY PAYMENT. T~ NOTE ~ THE AMOL~T THE BOI~OWE~'S RATE CAN CHANGE AT A~( O~E TLME AND THE .%t)~J~JM IL%TE THE ~ORROWEIt MUST PAY. ATJDTI~ONAI. COVENA~Y'I~ In a~til]m ;o tho covemn(s nnd ~T~Wn~tl n~do in ;he S~tlfity l~rMnt, l~n~WeT A. TNF]~EST RATE AND MCXqTm,Y PAV15~ C~A.YG~S '1~ N(~ provMM f~ an InMal In~J~t m~ of 11.62S 1L 'l'n~ Noto lm~des fo~ d~m~B in the ie~tst tnt~ nnd thc nu~ly Ixty~nte, as ftdlows: 4. INTKRRST RATE A~qD MONTHLY P&Y.MENT (A} Clun~ DaMs Thelntetestrmeiwi]lpaymaychnn~onU~ 18C dr/of JANUARY, 2001 .toulon that ds~ e~O, 6~.h mo~th ~hte~al~r. f'~aeh dote tm which n~' inte~to~ t'lM ~ouM chen~ is called a 'O~m~ D~.' lB) The Xndt, x Beginnin8 with the tint C:hnn~ Dat~. n~ interes~ ram will be bused tm afl lndl~. Tim 'lnde.~' is thc avonll= of inter- b~mk off, ted m~s f~ 6 monlh U.S. dollar, dmnn-,kL'm~d dcposJU in tho Lordon nmicct ('tJher'). as pubUdu~d In The Wall ~ Journal. The most mcmt bldex f'~.ure available to of dm F~vt buihess day of ~he momh Inunedlatdy precoflnp the oF, nth Jn whlc~ the OAan~ O~o nc~m is eulbd the 'Carten~ R' the Ind~ la Do Ionfrn~ available, th- N~ Holdw will chome O n~,.v tnA'x thet IS based R~n mmperable information. 7"nc ~ Holder wm ~lvc mc nmJcc of this cheisc. Before Mch Chan~e l:hee, the NUl~ Huld~r will calculm n~ new {nten~t rote by ofdJn~ RIGHT ..... pet~ntqc polnt{s) ( 8.000 Tbe Note Nulder will ~-n mood the moult of this addition to the nforest o~te~lJ of one petcmte~e SubJect to tlw Ilmhs sL~.d ia Secdou 4(I}) bel~v.., this ~2ed Stn0LV~ will he rn~ n~w Intercs ri~ until 'fhe Nme Holder will then d~onnlne the amount of the monthly payment T~t vould he sun'tulefo fo prlncJpul that I sm ~ fo owe st ~be Ounp Date in foil De tho Maturity Date at t~' ~ ~ntn'est ILte Jfl sulmantially a:lml Faymetos. Tbe result of thio cdcnlstlon will he the ~ smount of n~ mcnthly luymL, m'. {D) LlmlU on InWut Rate Chnnps The intem~ me I mu raluired fo p~ ac the tim Chtm~ Dele will uo~ bo ~nter ~m 13.62 10.62S %.~=.my Js~nral= q~iilnc~Thejst=~dordec~--.~nan~fln~cOten~cl~cbynm~ th.~n ONE ..... petcente~poin~(s}( 1.00(} ' S)fmmth=ra~ of inf&Tut I here been luyin~ for the precedlnil il mnnths. My inr~rete mm will hayer he ~re&'er ~ben 17.625 S. Ny :LnC~:c'esfl: ~&~.e wtll never I:e less ~ {It) F, fl'eetlve hte or Chan~ My new iteermt tote will beeome ~fthelive (m u~ ~hs.~.u Dote. l wHI pay th~ nmount of my m.-,v monthly payn~ml beglnnMg on the fl~ mm~hly pa~nt dare after t~e Chan~ Date un~J the mnonrd of my mom'bly pqmstnt chonps apin. ADJUSTABLE l~kTlg R.IDI~R {LIBOR ~ Mc ~lh Izz4ex CAs Pnbllshed In Tim Wall Street Journal) - Rate CnI~) TI{IS ADJUSTABLE RATI i RIDI~R is mndc this 7~'h day ot DECEMBER, 1998 , incorpor.'oed into nnd shall be dee ned to amend and supplement the Mortgage, Deed of TnJst or Security D,~-d (the 'Security . Instrument') of the same tittle gl' ~:n by the undersigned (Lite "Borrower') to secttre Borrower's Adjustable Rnte Note (the "Note") to ROUTTY ONE zNCORPORATED, .A PENNCeyT'VANZA CORPORATZOI',I ,'~l covering the property described in the Security Immtment nnd Iocnted at: (the date 2.25 S. 2.6TI-I STREET, I' CAMP MIT'L, PENNSYLVANIA 2.702.]. THE NOTE CONTAINS F [~O¥1SIONS ALLOWING FOR CI{ANGES IN THE INTEREgI' RATE AND TI'IR MONTIILY PAYME '4T. THE NOTE LIMITS THE AMOUNT TI{TI BORROWER'S INTEREST RATE CAN CIIANGE A'I ANY ONE TIME AND TIIE MAXIMUM RATE TIIE BORROWER MUST PAY. ADDITIONAL COVENAN IS. In eddition to the eovennnls nnd agreements medn in the Senurily fast.meat, Borrower A. INTEREST RATE AND N 0NTIiLY PAYMRNT CRANG~q nnd the monthly payments, ,-a roi ows: 4. INTERV. ST RATE AND ! )NTI.ILY PAYMENT CIIANGF. S (A) Cb,nRc Dales hank ofi~rc.(I rnles for 6 mon0t U, . dofiar-d~nomJnntedd~posJts Jn th= London market ("Libor'). ns published in The Wnfi The Not,: Holder will gnu me no~ ce of this nholne. percentage point(s) ( 8.000 ~) to the Currant Inde~. [h~m ONE ..... pementage point(s) ( 1.000 ' %) from the rate 17.625 %. My iai erest' rage will never be less t. hao 10.625 (1"} Notice of Changes .... 'rile. Note Holder will dellvc~ or n*.ail to me a notice of any chnnges m roy interest rate and thc amount ot .my mop. tory paymcot before the ct'fee(ire datetof any change. The notice will incfude inr.ormation .r~q. ulrad by !~ to be g~ven me nod 'also thc tCJel)hOnc number of n .[x~son wlto will answer nny question I may hove regarding the nolte. B. TRANSFER OF THE PRI' I"ERTY OR A BF. NI~FICIAL INTItRIr..ST IN BORROWI~R Unir.onn Covenant 17 or' Ihl Security Instrument is amended ro rend as rolfuws: Trnnsfer of thc Properi f or n Bencfleln[ Intere~ In Borrower. If all or any part or' th, c Properly or any interest in it is sold or trnnsl ..reed (or ir'a benctlclal inte~st in Sorro%ver is sold or transfcrre~J and Borrower is not il nnmrnl person) without _ender's prior written consent. Lender may. at its option, require immediale payment in fell of ;ill stuns SL'cured bl this Secorlty Instmmera. However. this option shall not be ~xerelsed by Lender ir' exercise is prohibited by fed~ rnl Iow as of the dote or' this Security Instflm~nt. Lender also shall not exercise this iransl~ree ns if a new Joan w ~re being made ~o the transferee: and (b) Lender reasonably detem~nes Gat Lender s sccurity will not be impni~'~ by the loan a.~umption and that the risk of a breach of ~ny covenant or agreement co~lsent to thc loan asso~lpt an. Lender also may requira the transferee to sign an ~sumptfun agreement thai is acceptable IO Lender and th; I obligates the transferee lo keep all (be promises and agreements made in the Note nnd in this Seeurily (nstrume :. Bon'ower will continue to be obligated under the Note and this Security Instrument mailed within which Bon'm =r must pay all anms secored by this.Seeu~ty ~nst~tment. If Rorrower fads to pay -ation of this period. Lender may invoke any remedies penni(ted by this Security Instn~roent without r'urther ~ tJce or demand on Borrower. BY SIGNING BELOW, Borrow rr ~copts and agrees to the terms and covenants contained in pages ! and 2 of this Adjust,~ble Rate Rider. Boomer VfCKf ~N DTEFFEN~ eorm~er WHEN RECORDED MAIL TO EQUITY ONE, INCORPORATED . 4909 LOUISE DE'YE, SUIT! 106 [~;pa~ Above Tiffs Lim~ For R~ordintl Dalai 1-4 FAMILY RIDER (Assignment of Reut~) Tills I-4 FAMILY RID~.R is made fhis 7ch day of DECEMBER, 1998 , and is {ncorporaicd into nnd s{ta{I bo d cq.q n~.'d to amend nnd supplement the Morlga~e, Deed of Tins! or Security Deed (thc "Security {nslmnv..lt") of tbo Sn~ date ~{v~ by the und~ign~ (the "~er') m s~u~ ~wer's Note to EQUITY ONE, ZNCORPO~TED, ~ ~E~SY~V~IA (Ihe "~nder') of thc sn~ date n~ cov~ing ~e Pm~.y d~cri~ in the S~urity Instmmnt ~ {~at~ st: 125 S. ~6TH STREET C~P HILL, P~S~ NIA 17011 S~urily if the Rents of the Proper ~' are not anffi¢ient m cover the costs of taking cnotm! of and mno~ging the Proper~y and of collcct~l~ the Reals ~ny funds ~ ipendnd b~ Lender for ~uch peq]oses shall become fudefuedness of Borrower to Lender secur~l by thc Scnority lestromen IPorsuant to Uniform Covenant 7. Borrower represents and JYnrrants thai Borrower has not e:tecotnd any prior assignment of the Rents and hu not ~md will not perform nay act that' ~nold prevent Lender from exercising its rights under this psragraph. Lender, or Lender's agets or a indicinily appointed receiver, shall not be requital to enter upon, take control of or mnimain the proper~y before e after giving no~i~e of default to Bon~wer. However. Lender. or Lender's agents or n judlcinlly appointed rancivcr, tony o so ntnny time when it defnul! occur. Any application of Rents shall not cu~ or waive ,'my default or invalidate rely other [ight or remedy of Lender. This assignment of Rents of the Property shall tennJnote when all the smt~ secured by the Securil ~ Instrument are paid in full. !. CRO$S-D.E, FAULT PI iOVISION. Borrower's default or breach under any note or agreement in which Lender hits an interest shall he n breach u Idcr thc Security Instrument and Lender may invoke any o1' the remedies permitted by Security InstaLment. Borrower accepts and agrees to the terms rovisions nonndnod in this 1-4 Family fSes __ :FFENBA'L~ Borrower ERIC R. DS Borrower VICKI ANN DIE {Sesl) BolTower Borrower fSesl] ¢Sesl) BOT"fow~r fl°fl°war ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE April 4, 2001 TO: ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH 125 S. 16TM STREET 125 S. 16TM STREET CAMP HILL, PA 17011 CAMP HILL, PA 17011 THIS FIRM IS A DEBT COLLECTOR ATTEMFrING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ~i-i'~MPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEI~EIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 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 mort~e on vonr home is in default and the len~ter intends to foreclose. Soecific int'ormafion about the nature of the default is nrovided in the attached oanes. Thc HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEM. APl may be able to help to save vonr home. This Notice exolains how the orom'am works. To see if HEMAP can hel~. yon 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 Connselian A~encv. The name. address and ohone number of Consumer Credit Counsel/ne, A~,oncins servino your Count~ are listed at the end of this Notice. If you have any uuestions, you may call the Penasvlvania Honsinu Finance A~,oncv toll ii'ce at 1-800- 342-2397. (Pevzons with imoaked hearhm can call (7171 780-1869). This notice contains important legal infixmafion. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICION EN AD/UNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VMENDO 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): ERIC R. DIEFFENBACH & VICKI ANN DIEFFENBACH PROPERTY ADDRESS: 125 S. 16TM STREET, CAMP HILL, PA 17011 LOAN ACCT. NO.: 0801231200 ORIGINAL LENDER EQUI1Y ONE, INCORPORATED, A PENNSYLVANIA CORPORATION CURRENT LENDER/SERVICER: LA SALLE NATIONAL BANK DIVISION OF 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 PAY~ENT~ IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a ter~urary stay of foreclosure on you mortgage for thirty (30) days from thc date of this Notice. During that time you must urrnage nad attend a face-m-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" EX]PLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -If you meet with one oftbe consumer credit counseling, agencies listed at the end of fais notice the lender may NOT take action ag'ainxt you fur thirty (30~ days after the date of this meeting. The names, addresses and teleohune numbers of desinnated consumer credit cotmsel/n~ aoencins for the county in which the ~renertv 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 irr~nndiatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later/n this Notice (see following pages fur specific infonmt/on about the nature of your default). If yon have tried and are unable to resolve this problem with the lender, you have the fight to apply for Bnnncisl assistance from the Homeowner's Emergency Mortgage Assistance Progntm. To do so, you must fill out sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of tlfis Notice. Only consumer credit counseling agencies have applications for thc program and they will assist you in submit~ng a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked w/thin th/ny (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 LE'I-t l~P,, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY A~.-IION- 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 Penusylvania Housing Finance Agency has sixty (60) days to make a decision af~er it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Agency of its decision on you application. NOTE; IF YOU ARK CURRENTLY PROTECTED BY 't'H~. FILING OF A PETITXON IN BANI(RUPTCY, TH~ FOLLOWING PART OF THIS NOTXCE XS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT (If yon have flied bankrupt~:y you ean still apply for Emergency MortRaRe HOW TO CURE YOUR MORTGAGE DEFAULT fBrina it tm to date) NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 125 S. 16TM STREET, CAMP HILL, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS t'or the following months and the following amounts are now past due: 5/1/99 tlu'u 1/!/01 at $943.35 pe~ month and 2/i/01 thru 4/1/01 at $1,086.79 per month. Monthly Payments Plus Late Charges Accrued: $24,311.48 Attorney fee: $50.00 Appraisal Fee: $112.00 Interest on advances: $69.40 Insurance: $1,281.85 Other: $0.00 (Suspense) ($169.95) TOTAL AMOUNT TO CURE DEFAULT $25,654.78 B. YOU HAVE FAILED TO TAKB THE FOLLOWING ACTIONS (Do not use if not mrolicabl~): 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 TH]~ LENDF:~ WHICH IS $25,654.78 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WI-HCH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavmeot must be made either by ~a~him"S check, ce~i-d t~h~et- or money order made navable and sent to: SUPERIOR BANK. FSB. ONE RAMLAND ROAD, ORANGEBURG. NY 10962. ATTN: JOE DI~!.IgtERTO. You cnn cure any other default by taking the following action within THIRTY (30) DAYS o£the date of this letter. (Do not use if not annlicable'~ 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 riahts m accelerate the morteaae debt. This mceus that the entire outstanding balance of this debt will be considered due immediately nnd you may lose the chance to pay the mo~gage in monthly installments. If full payurent 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 UDOn VOur ITtOFtana~ DI'OD~. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property w/Il be sold by the Sheriffto pay offfae mortgage debt. Ifthe lender refers your case to its attorney, but you cure the delinquency before the lender be_oln~ legal proceedings against yon, you will still be required to pay the reasonable attorney's fees that were actonlly incurred, up to $50.00. However, if legal proceedings are started againq you, you will have to pay all reasoueble attorneys' fees actually incurred by the lender even if they exceed $50.00. Any atterney's fees will be added to the amount to the lender, which may also include other reasonable costs. I_f you cure the default within the THIRTY (30] DAY her/od, you will not be renuired to cay attorney's 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, u still hay the ri ht to cure the default and nrevent the sale at any time un to one hour before the Sheriff's Sale. You may do so by nav/n~ the total amount then hast due. nlm any late or other chartes then due. ree.~nnhl,~ and costs connected with the foreclosure sale and any other costs con,~-ted with the Sheriff's Sale soecified in wrifinn bv the lender and bv nm'fnrmino any other reouirements unrra- the mortono? Curing your defauit in the manner set forth in tiffs 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 approx/mately SIX (6) MONTHS from the date of this Notice. A notice ofthe 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: JOE DILIBERTO EXT 4063 EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property uites the Sheriff's Sale, a lawsuit to remove you and your fltruishings and other belongings couid be started by the lender at any time. ASSUMPTION OF MORTGAGE- You __ may or.~ may not (check one) sell or Iransfer your home to a buyer or ~'ansferee 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 IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COLrNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgmcot against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. If you notify our offices in writing within thirty 00) 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. PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 Urban League of Metropolitan Hanisburg YMCA of Carlisle N. 6'h Street 301 (3 Stree~ Harrisburg, PA 17101 Carlisle, PA 17013 (717) 234-5925 (717) 243-3818 FAX (717) 234-9459 FAX (717) 73 !-9589 Community Action Corem of the Capital Adams County Housing Authority Region 139-143 Carlisle Stroet 1514 Derry Street Gettysburg, PA 17325 Harrisburg, PA 17104 (717) 334-1518 (717) 232-9757 FAX (717) 334-8326 FAX (717) 234-2227 PENNYLSVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 Law Offices of Gregory Javardian VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are tree and correct to the best of his/her information, 'knowledge and belief and understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Christine A.Jo~!~x.!~.~ce ~' t SHERIFF'S RETURN - REGULAR CASE NO: 2001-02978 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLA/~D LASALLE NATIONAL BANK VS DIEFFENBACH ERIC R ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DIEFFENBACH ERIC R the DEFENDANT , at 0009:15 HOURS, on the 31st day of May , 2001 at CUMB. CO. SHERIFF'S OFFICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to STEVEN HOWELL, ATTY FOR DEFENDANT'S a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers. Service 9.30 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.30 05/31/2001 GREGORY JAVARDIAN Sworn and Subscribed to before me this R~~ day of A.D. ~r6thonotary SHERIFF'S RETURN - REGULAR CASE NO: 2001-02978 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE NATIONAL BANK VS DIEFFENBACH ERIC R ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DIEFFENBACH VICKI ANN the DEFENDANT , at 0009:15 HOURS, on the 31st day of May , 2001 at CUMB. CO. SHERIFF'S OFFICE 1 COURTHOUSE SQUARE C~.RLISLE, PA 17013 by handing to STEVEN HOWEL, ATTORNEY FOR DEFENDANT'S a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answ.,er~ o/f Docketing 6.00 ~~~ Service .00 c Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 05/31/2001 GREGORY JAVARDIAN Sworn and Subscribed to before By: ~ .~ '~. ~) me this ~' day of ~ Depu~ ~eriff ~ ~ Vrothonotary LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN. ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD IST FLOOR, SUITE 101 SOUTHAMPTON. PA 18966 1215) 942-969O LASALLE NATIONAL BANK AS COURT OF COMMON PLEAS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED CUMBERLAND COUNTY 2/I/99 SERIES 1999-1 135 SOUTH LASALLE STREET No.: 01-;ff~7~ CIVIL TERM SUITE 200 CHICAGO, IL 60603 VS. ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH 125 S. 16TH STREET CAMP HILL. PA 17011 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGi~.g TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiffand against ERIC R. DIEFFENBACH and VICKi ANN DIEFFENBACH, Defendants, for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint $123,307.04 Interest 4/I 2/01 to 8/29/03 30,328.10 TOTAL $153,635.14 I hereby certify that (I) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 2373, copy attached. ttoEGqY J/4~/~RDIAN, ESQUIRE mey fo~intiff Damages are hereby assessed as indicated. PRO PROTHY ' ~/ LAS~,I I.~ NATIONAL BANK AS TRUS-rBB In The Court of Co. men Pleas UNDER POOLING AND St~RVICING AO~ DATED 2/1/~9 SI~J~S 19~-1 Cumberland Coumy Plaln~ No. 2001-2978 CV ERIC R. DI~-,~-~'I:fi'~ACH VICIG ANN DI~I~IiNBACH TO: ERIC R. D]]c~I~I~NBACH VICKI ANN DIF.~I-'hNB ACH 12~S. 16m STREET CAMP I4]I I.. pA 17011 ,DATE OF NOTICE: AUGUST 13, 2003 NOTICE, RULE 237.1 IMPORTANT NOTICE You are ia default because you have failed to enter a written appearance permouully or by aUomey and file in writing with the court your defenses or objections to the claims se forth against you. Uulnss you act within ten (10) days from the date of ~his notice, a judgam, nt may be entered against you without a hearing and you may lose your property or other important fights. You should take this notice to a lawyer at once. If you do not have a inwyer or cannot afford one~ ~o to or telephone the following office to find out where you can get legal help. Cumberland County Bar Association Lawyer Reference Service ~~2 Liberty Avenue Oregury .lavardian, Esquire 1310 industrial Boulevard 1" F{oor, Suite I01 Somhampton, PA 18966 (215) 942-9690 Attorney for Plaintiff Usted se encuent~a en nslado de rebe{dia per no haber tornado la aeciun requiida de su parte en este case. Al no tomar [a accion debida demro de un ~.,;no de diez (10) dias de esta notificacion, el tribuna{ podra, sin necesidad de compararecer usted en eerie o escuchar prueha alguna, dictar sentencia ec su conira, usted .puede perder bienes y otros derechos imporiantns. Debe i/ever esta nogficacion a un ahogado ~mmediatemente si usted no gene ahogado, o si no gene dinero suficiente para iai servicio, vaya en persona o Hame per lelpfono a la oficina, cuya direccion se encuentra escriia abajo para averiguar donde se puede conseguir assistencis legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANy INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" cc: STEVEN HOWELL, ESQUIRE UNITED STATES BANKRUPTCY COURT MIDDLE D~TRICT OF PENNSYLVANIA INRE: ERIC lt. DIEFFENBACH VICKI A. DIEFFF. NBA~ Debtor(s) ?.'~ .. '~' · ,-.~. ORDER DISP,~.qlNG CA~q~ " Ax, Hm'fisbur~ in said district, on this c~day of~une, 2003, Upon Certificate ofl~hult by Trust~ ami it having been clot~m~ned that tho cas~ should be dismissed, it is ORDERED thax th~ case of the above-nmned (lcbt~s) be and it hereby is cUanismi and it ~s further it is fuflher ORDEBI~.n that all pending adversary proceedings in this case be md they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediacy due ami payable to the U.S. Bankruptcy Court. BY THE COURT: FILED HARRISBUR(~ PA 039375 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN. ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD IST FLOOR. SUITE 101 SOUTHAMPTON, PA 18966 ¢215') 942-9690 LASALLE NATIONAL BANK AS COURT OF COMMON PLEAS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED CUMBERLAND COUNTY 2/I/99 SERIES 1999-1 No.: 01-298W'CIVIL TERM VS. ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH VERIFICATION OF NON-MILITARY SERVICIr. GREGORY JAVARDIAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) Defendants, ERIC R. DIEFFENBACH and VICKI ANN DIEFFENBACH, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) Defendant, ERIC R. DIEFFENBACH, is over 18 years of age, and resides at 125 S. 16TH STREET, CAMP HILL, PA 1701 I. (c) Defendant, VICKI ANN DIEFFENBACH, is over 18 years of age, and resides at 125 S. 16TH STREET, CAMP HILL, PA 1701 I. (d) Plaintiff, LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 SERIES 1999-1, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 135 SOUTH LASALLE STREET, SUITE 200, CHICAGO, IL 60603. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. G/~I~GO~~UIRE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE NATIONAL BANK AS COURT OF COMMON PLEAS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED CUMBERLAND COUNTY 2/I/99 SERIES 1999-1 135 SOUTH LASALLE STREET No.: 01-2978 CIVIL TERM SUITE 200 CHICAGO, IL 60603 VS. ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH 125 S. 16TH STREET CAMP HILL. PA 17011 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due $153,635.14 Interest from 8/29/03 to Date of Sale ~ $25.25 per diem $. Subtotal $. (Costs to be added) ESOU RE ttomey f4r~l laintiff 1310 industrial Boulevard Ist Floor, Suite 101 Southampton, PA Ig966 (215) 942-9690 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point 240 feet South of the southeastern comer of 3rd and 16~h Streets; thence easterly along the southern line of Lot 51.1 $0 feet to a point ina 20 foot wide alley; thence southerly along said alley, 40 feet to a point: thence westerly along the northern line of Lot 53. 150 feet to a point on 16th Street; and thence northerly along the eastern side of said 16th Street. 40 feet to the place of BEGINNING. BEING Lot No. 52 on Plan of Lots known as Greater Harrisburg Estate of Jackson Free, recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 1, Page :20. BEING known and numbered as 125 S. 16th Street, Camp Hill, Pennsylvania. BEING THE SAME PREMISES which Michael Adam Woren and Cheryl K. Woren, his wife, by Deed dated November 18, 1998 and recorded December 17. 1998 in the Office of the Recorder of Deeds in and ibr Cumberland County in Deed Book i 9 I, Page 183, granted and conveyed unto Eric R. Dieflbnbach and Vicki Ann Dieffenbach, his wife. PARCEL No. 0 !-22-0526-027. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-2978 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 SERIES 1999-1, Plaintiff (s) From ERIC R. DIEFENBACH AND VICKI ANN DIEFENBACH (I) You are directed to levy upon the properly of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachmem has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any properly of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possessinn of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmomttDue $153,635.14 L.L. $.$0 Interest FROM 8/29/03 TO DATE OF SALE ~': $25.25 PER DIEM Atly's Corem % Due Prothy $1.00 At~y Paid $125.:50 Other Costs Plaintiff Paid Date: NOVEMBER 20, 2003 CURTIS IL LONG Prothonot~ (Seal) B: Depmy REQUESTING PARTY: Name GREGORY ,IAVARDIAN, ESQUIRE Address: 1310 INDUSTRIAL BOULEVARD 1~r FLOOR, SUITE Igl SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 LASALLE NATIONAL BANK AS COURT OF COMMON PLEAS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 CUMBERLAND COUNTY SERIES 1999-1 No.: 01-2978 CIVIL TERM VS. ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH AFFll)AVIT PURSUANT TO RULE 3129.1 Plaintiffin the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 125 S. 16TH STREET, CAMP HILL, PA 1701 I: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ERIC R. DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 17011 VICKI ANN DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: ERIC R. DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 17011 VICKI ANN DIEFFENBACH 125 S. 16TH STREET CAMP HILL. PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Pennsylvania Power & Light Co. 1801 Brookwood Street Harrisburg, PA 17104 Camp Hill Borough 2145 Walnut Street Camp Hill. PA 17011 4. Name and address of last recorded holder of every mortgage of record: Nan~e Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 PA Department of Public Welfare Health and Welfare Building - Room 432 Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105-2675 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the properly which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 125 S. 16TH STREET CAMP HILL, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. mey~for ~ntiff November 14. 2003 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN. ESQUIRE IDENTIFICATION NO..'i5669 1310 INDUSTRIAL BOULEVARD IST FLOOR, SUITE 101 SOUTHAMPTON, PA 189B6 (215) 942-9690 LASALLE NATIONAL BANK AS COURT OF COMMON PLEAS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 CUMBERLAND COUNTY SERIES 1999-1 No.: 01-2978 CIVIL TERM VS. ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ERIC R. DIEFFENBACH VICK! ANN DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 17011 Your house (real estate) at 125 S. 16TH STREET. CAMP HILL, PA 1701 I, is scheduled to be sold at Sheriffs Sale on MARCH 3 2004 at 10:00 A.M., in the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $153,635.14, obtained by LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 SERIES 1999-1, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALI2 To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHEiK RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriff's Sale is not stopped, your property will bc sold to the highest bidder. You may find out the price bid by calling ~. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadccluate compared to the value of your property. 3. Thc sale will go through only if the buyer pays the Sheriffthe tull amount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If thc amount due from the Buyer is not paid to the Sheriff; you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the thll amount due is paid to the Sheriff and thc Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of thc money bid for your house will be filed by thc Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (I 0) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately at~er the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point 240 feet South of the soutbeastem comer of 3rd and 16~h Streets; thence easterly along the southern line of Lot 5 I. 150 l'i~et to a point ina 20 tbot wide alley; thence southerly along said alley, 40 feet to a point: thence westerly along the northern line of Lot 53. 150 feet to a point on 16~h Street: and thence northerly alon~ the eagtern ~:icl~ n~-' ea;,.I l tgIh Rts-~,o.~ 0 feet to the place ot BEGINNING. BEING Lot No. 52 on Plan of Lots known as Greater Harrisburg Estate of Jackson Free. recorded in the Office oftbe Recorder of Deeds in and for Cumberland County in Plan Book I, Page 20. BEING known and numbered as 125 S. 16th Street, Camp Hill, Pennsylvania. BEING THE SAME PREMISES which Michael Adam Woren and Cheryl K. Woren, his with, by Deed dated November 18. 1998 and recorded December 17, 1998 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 191, Page 183. granted and cons,eyed unto Eric R. Dieffanbach and Vicki Ann Dieffanbach, his wife. PARCEL No. 01-22-0826-027. LAW OFFICES OF GREGORY JAVARDIAN I~: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 ¢215'1942-9690 LASALLE NATIONAL BANK AS COURT OF COMMON PLEAS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED CUMBERLAND COUNTY 2/I/99 SERIES 1999-1 No.: 01-2978 CIVIL TERM VS. ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 I hereby certify that I have sent copies of the Notice of Sheriff Sale to the Defendants' certified and regular United States mail and all lien holders or judgment creditors of record as required by Pa.R.C.P. by first class United States mail, postage prepaid, on the date set forth below. (See attached Exhibit "A"). Cumberland County Domestic Relations ERIC R. DIEFFENBACH 13 N. Hanover Street 125 S. 16TH STREET Carlisle, PA 17013 CAMP HILL, PA 17011 Cumberland County Tax Claim Bureau VICKI ANN DIEFFENBACH I Courthouse Square 125 S. 16TH STREET Carlisle. PA 17013-3387 CAMP HILL, PA 17011 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 Tenants/Occupants 125 S. 16TH STREET CAMP HILL. PA 17011 I~A Department of Public Welfare Bureau of Child Support EMbrcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 Pennsylvania Power & Light Co. 1801 Brookwood Street Harrisburg, PA 17104 Camp Hill Borough 2145 Walnut Street Camp Hill. PA 17011 Steven Howell. Esquire 619 Bridge Street New Cumberland. PA 17070 GREGORY,,~VAI~!AN, ESQUIRE Dated: //~-'/,-~-/0//~.~ Attorney for Plaintiff/ ,ICIAL '~-~'~-~ ~T'~' ~ FFICIAL USE ~ [~-~=~ ~. ~9 ~?~ ...................... rio r~n November 14, 2003 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): ERIC R. DIEFFENBACH and VICKI ANN DIEFFENBACH PLAINTIFF/SELLER: LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 SERIES 1999-1 DEFENDANT(S): ERIC R. DIEFFENBACH and VICKI ANN DIEFFENBACH PROPERTY: 125 S. 16TH STREET CAMP HILL, PA 17011 CUMBERLAND C.C.P. NO. 01-2978 CIVIL TERM The above captioned property is scheduled to be sold at Sheriffs Sale on MARCH 3. 2004 at 10:00 A.M.. in the Cumberland County Courthouse~ I Courthouse Square, Carlisle, PA 17013. You may hold a judgment on the property~ which may be extinguished by the sale. You may wish to attend the Sheriffs Sale to protect your interest. A schedule of distribution will be filed by the Sheriffon a date specified by the Sheriffnot later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within l0 days after the filing ofthe schedule. Law Offices of Gregory Javardian i 310 Industrial Boulevard Ist Floor, Suite 101 Southampton, PA 18966 {215) 942-9690 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Central Penn Property Serv Inc is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 20th day of Nov, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 2978, at the suit of LaSalle Natl Bk Tr against Eric R Dieffenbach & Vicki Ann is duly recorded in Sheriff's Deed Book No. 264, Page ! 587. IN TESTIMONY WHEREOF, I have hereunto set my hand d I an~r~ea of said office this ~ day of / T order of Deeds LaSalle national Bank, as Trustee Under In The Court of Common Pleas of Pooling and Servicing Agreement Cumberland County, Pennsylvania Dated 2/1/99, Series 1999-1 Writ No. 2001-2978 Civil Term VS Erie R. Dieffenbach and Vieki Ann Dieffenbach Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on December 01, 2003 at 6:50 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Eric R. Dieffenbach and Vicki Ann Dieffenbach, by making known unto Vicki Dieffenbach, personally and adult in charge for Eric R. Dieffenbach, at 125 South 16th Street, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2004 at 5:39 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Eric R. Dieffenbach and Vicki Ann Dieffenbach located at 125 South 16th Street, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendants, to wit: Eric R. Dieffenbach and Vicki Ann Dieffenbach, by regular mail to their last known address of 125 South 16th Street, Camp Hill, PA 17011. These letters were mailed under the date of ~'anuary 12, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that aider due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $106,201.00 to Ann Gatchell for Central Penn Property Services Lqc. It being the highest bid and best price received for the same, Central Penn Property Services, Inc. of 100 South 7th Street, Akron, PA 17501, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum orS111,151.50. Sheriffs Costs: Docketing $30.00 Poundage 2,124.02 Posting Bills 15.00 Advertising 1 $.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 20.70 Levy 1 S .00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 2S6.10 Patriot News 309.43 Share of Bills 29.32 Distribution of Proceeds 25.00 SheriiTs Deed 40.50 $ 2,971.57 ThisSW°m and subscribed to before me3.~C, day ~Q~.~a~/' ~~r~ f..~ of.~__.~_ R. Thomas Kline, Sheriff Pr6thonotary Real Esta//Deputy L,~SALLE NATIONAL BANK AS COURT OF COMMON PLEAS TRUSTEE UNDER POOLING AND SERVICING AOREEMENT DATED 2/1/99 CUMBERLAND COUNTY SERIES 1999-1 No.: 01-2978 CIVIL TERM VS. ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiffin the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 125 S. 16TH STREET, CAMP HILL, PA 1701 i: I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ERIC R. DIEFFENBACH 125 S. 16TH STREET CAMP HILL. PA 17011 V ICKI ANN DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: ERIC R. DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 17011 VICKI ANN DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Pennsylvania Power & Light Co. 1801 Brookwood Street Harrisburg, PA 17104 Camp Hill Borough 2145 Walnut Street Camp Hill, PA 17011 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 N. Hanover Street Carlisle. PA 17013 Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 PA Department of Public Welfare Health and Welthre Building - Room 432 Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105-2675 7.' Name and address of every other pei,son of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 125 S. 16TH STREET CAMP HILL, PA 1701 i I verify that the statements made in this affidavit are true and correct to the best of my knowledge, inibrmation and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. ESQUIRE ./Attomey'for ~ntiff November 14, 2003 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN. ESQUIRE IDENTIFICATION NO. $S669 1310 INDUSTRIAL BOULEVARD IST FLOOR, SUITE 101 $OUTHAMPTON~ PA 18966 LASALLE NATIONAL BANK AS COURT OF COMMON PLEAS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/I/99 CUMBERLAND COUNTY SERIES 1999-1 No.: 01-2978 CIVIL TERM vs. ERIC R. DIEFFENBACH VICKI ANN DIEFFENBACH NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ERIC R. DIEFFENBACH VICK! ANN DIEFFENBACH 125 S. 16TH STREET CAMP HILL, PA 17011 Your house (real estate) at 125 S. 16TH STREET, CAMP HILL~ PA 17011, is sehcduled to bc sold at Sheriffs Sale on MARCH 3 2004 at 10:00 A.M., in the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $153,635.14, obtained by LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1199 SERIES 1999-1, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALF. To prevent this Shcrift"s Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's thcs due. To find out how much you must pay, you may call: (215) 94'~-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone thc 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 STII,I. BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHEH RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE_ I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling ~. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sherifftbe lhll amount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If the amount due t¥om the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time. the buyer may bring legal proceedings to evict you. ' 6. You may be entitled to a share oftbe money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (I 0) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point 240 feet South of the southeastern corner of 3ra and 16~h Streets; thence easterly along the southern line of Lot 51,150 tbet to a point ina 20 foot wide alley; thence southerly along said alley, 40 feet to a point: thence westerly along the northern line of Lot 53, 150 feet to a point on 16th Street; and thence northerly along the eastern side of said 16~a Street, 40 feet to the place of BEGINNING. BEING Lot No. 52 on Plan of Lots known as Greater Harrisburg Estate of Jackson Free, recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 1, Page 20. BEING known and numbered as 125 S. 16th Street, Camp Hill, Pennsylvania. BEING THE SAME PREMISES which Michael Adam Woren and Cheryl K. Woren, his wife, by Deed dated November 18. 1998 and recorded December 17, 1998 in the Office of the Recorder of Deeds in atxd lbr Cumberlat~d County in Deed Book 191, Page 183, granted and conveyed unto Eric R. Dieftbnbach and Vicki Ann Dieffenbach, his wife. PARCEL No. 01-22-0826-027. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIa) NO 01-2978 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE NATIONAL BANK AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED 2/1/99 SERIES 1999-1, Plaintiff From ERIC R. DIEFENBACH AND VICKI ANN DIEFENBACH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the proper~y of~he defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and? notify the garnishee(s) that: (a) an a~achment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $153,635.14 L.L. $.50 Interest FROM 8/29/93 TO DATE OF SALE ~ $25.25 PER DIEM ARy's Comn~ % Due Pmthy $1.00 Atty Paid $125.30 Other Costs Plaintiff Paid Date: NOVEMBER 20, 2003 CURTIS R. LONG Prothono~,,~ ~ ~ (Seal) B: " Deputy REQUESTING PARTY: Narr~ GREGORY JAVARDIAN, ESQUIRE Address: 1310 INDUSTRIAL BOULEVARD Isr FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 Real Estate Sale # 42 On December 01, 2003 the sherifflevied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA Known and numbered as 125 S. 16th Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. LJ I,7 -.1~ Date: December 01, 2003 By:,d~ Real Esfftte Deputy SCHEDULE OF DISTRIBUTION SALE NO. 42 Date Filed: July 9, 2004 Writ No. 2001-2978 Civil Term LaSalle National Bank, as Trustee under Pooling and Servicing Agreement Dated 2/1/99 VS Eric R. Dieffenbach and Vicki Ann Dieffenbach Sale Date: June 9, 2004 Buyer: Central Penn Property Services, Inc. Bid Price: $106,201.00 Real Debt: $153,635.14 Interest: 4,721.75 Attorney Costs: 125.30 Total: $158,482.19 DISTRIBUTION: Receipts: Cash on account (03/01/04): $ 1,500.00 Cash on account (06/09/04): 10,620.00 Cash on account (06/25/04): 100,531.50 Total Reeeipts: $112,651.50 Disbursements: Sheriffs Costs $ 2,971.57 Legal Search 200.00 State Transfer Tax ! ,313.24 Local Transfer Tax 1,313.24 Janet Miller, Tax Collector 1,563.97 Camp Hill Borough 748.41 Attorney Gregory Savardian 1,500.00 LaSalle National Bank 103,041.07 Total Disbursements: ($112,651.$0) Balance for distribution: 0.00 So Answers: R. Thom~ Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 42 Held Wednesday, June 9, 2004 Date: June 9, 2004 TAXES: Receipts for all taxes for the years 2001 to 2003 inclusive. Taxes for the current year 2004. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2004, and recorded · 2004, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Michael Adam Woren and Cheryl K. Woren, his wife, by deed dated November 18, 1998 and recorded December 17, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania. in Deed Book 191, Page 183, granted and conveyed to Eric R. Dieffenbach and Vicki Ann Dieffenbach, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines· shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. $. Public and private rights in the roadbed of South, 16~' Slreet and 20 foot wide unnamed alley. 6. Mortgage in the amount of $94,350.00 given by Eric R. Dieffenbach and Vicki Ann Dieffenbach to Equity One, Inc., dated December 7, 1998 and recorded December 17, 1998 in Mortgage Book 1506 Page 675 7. Mortgage given by Michael A. Werle and Pamela E. Werle, his wife, to PNC Bank, N.A. dated April 7, 1998 recorded April 22, 1998 in Mortgage Book 1447, Page 851 in the amount of $30,304.80. Complaint in mortgage foreclosure filed by LaSalle National Bank, Trustee as Plaintiff against Eric R. Dieffenbach and Vicki Ann Dieffenbach, as Defendants in the Office of the Prothonotary of Cumberland County to File No. 2001-2978. Judgment in the amount of $153,635.14 entered September 4, 2003. 8. Judgment in the amount of $1,473.84 entered by Pennsylvania Power and Light Company as Plaintiff against Vicki Dieffenbach and Eric Dieffenbach as Defendants in the Office of the Prothonotary of Cumberland County on January 7, 1999 to File No. 1999-104. 9. Municipal lien filed by the Borough of Camp Hill as Plaintiff against Eric R. Dieffenbach as Defendant in the Office of the Prothonotary of Cumberland County on April 23, 2001 to File No. 2001-2362. 10. Under and subject to the building and use restrictions contained in deed of Naomi Fickes dated August 20, 1943, recorded August 25, 1943 in deed book "S," Volume 12, Page 147. 1 I. Subject to building conditions, restrictions, setbacks and easements as shown on or set forth on the Plan of Greater Harrisburg Estates recorded in Plan Book 1, Page 20. 12. Satisfactory evidence to be produced that advertisement was sufficient despite the lack of any reference to improvements on the subject premises. 13. Satisfactory evidence to be produced that proper notice was given to holders of all liens and encumbrances intended to be divested by subject Sheriff sale. 14. Real estate taxes accruing on and after July 1, 2004 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. REAL F-~rATE ~ NO. 42 Writ No. 2001-2978 Civil LaSalle Nallonal Bank. as Trustee under Pooling and Servicing Agreement Dated 2/I/99. Series 1999-I Eric R. Dieffenbach ~nd Vlekl A~n Dleffenbach Atty.: Gregory Javardisn ALL THAT CERTAIN tract or par. eel of land and premises, situate. lying and being in Ole Borough of Camp Hill In the County of Cumber- land and Commonwealth of Penn- sylvania, more particularly de- scribed as follows: BEGINNING at a point 240 feet South of the southeastern eor~er of 3rd and 16th S[~'eets; thence east- erly along the southern line of Lot 51, 150 feet to a point In a 20 Wide alley; thence southerly along said alley. 40 feet to a point; thence westerly along the northern line of Lot 53. 150 feet to a point on 16th Street: and thence northerly along the eastern side of said 16th Street, 40 feet to the place of BEGINNING. BEING Lot No. 52 on Plan of Lois known as Greater Harrisburg Es- tate of Jackson Free. recorded In the Office of the Recorder of Deeds In and /'or Cumberland County in Plan Book 1, Page 20. BEING known and numbered as 125 S. 16th St~e£. Camp Hill, Penn- sylvania. BEING THE SAME PREMISES which Michael Adam Woren and Cheryl K. Woren, his Wife, by Deed dated November 18, 1898 ~nd re- corded December 17. 1998 in the Office Gl~ the Recorder of Deeds in and for Cumberland County In Deed Book 191, Page 183. granted and conveyed unto Eric R. Dleffenbach and VIckl Ann Dieffenbach. his wife. PARCEL No. 01-22-0828-027. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. $87, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND: Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on thc following dates, viz: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all ailegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2001-2978 Civil LaSalle National Sank. as Trustee under Poollzlg and Servicing // ~isa Marie Coyne~ Editor Agreement Dated 2/I/99. Series 1999-1 SWORN TO AND SUBSCRIBED before me this Eric I~. Oleffenbach and 30 day of JANUARY 2004 Vickt Ann Dleffenbaeh Atty.: Gregory Javardlan ALL THAT CERTAIN tract or par eel of land and premises, situate. lying and being in tile Borough of Camp Hill In the Cotmty of Cumber- land and Commonwealth of Perm- zylvanla, more parlleularly zeribed az follow~: BEGINNING at a pOlnl 240 feet 3rd and 19th Streets: thence east- erly along the southern line of Lat 51. 150 feet lo a point in a 20 foot wide alley: thence southerly along smd alley. 40 f~et to a point: thence THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 MaAet Street, In the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of :TJ3.e._P_QJ~ and The ~ newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were astabllehed March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto Is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is Interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of D~ Book 'M", Volume 14, Page 317. PUBLICATION ............................................................................... coPY sworn acd subsc ; ary A.D. My~m~issio~Ex~lm~J~e~,~O06 ~ I~TARY PUBLI(~ Mam~,l~A=,,.,.~.~-OI~,"j~' My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFRCE CUMBERLAND COUNTY COURTH(XJSE CARLISLE, PA. 17013 Statement of Advertlaing Coats To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 309.43 Publlaher'a Receipt for Advartlelng Cost The Patriot News Co., publisher of ~and t- , newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Five Way Panners L P is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 3rd day of Dec, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 502, at the suit of Mtg Electronic Reg Systems Inc against Susan K McClintoek is duly recorded in SheriWs Deed Book No. 264, Page i 583. IN TESTIMONY WHEREOF, I have hereunto set my hand an~seal of said office this cQ~27 dayof Mortgage Electronic Regisltation In The Court of Common Pleas of Systems Inc. as Nominee for its Cumberland County, Pennsylvania Successors and assigns Writ No. 2003-502 Civil Term VS Susan K. McClintock David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on December 18, 2003 at 5:00 o'clock PM, he served a U'ue copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Susan K. McClintock, by making known unto Susan McClintock, personally, at 193 Holiday Ave., Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said tree and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2004 at 1:38 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Susan K. McClintock located at 144 South Locust Point Rd., Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Susan K. McClintock, by regular mail to her last known address of 193 Holiday Ave., Mcchanicsburg, PA 17055. This letter was mailed under the date of January 12, 2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $109,301.00 to Attorney Philip Spare for Five Way Partners, L.P. It being the highest bid and best price received for the same, Five Way Partners, L.P. of Suite 130, One Fawcett Place, Greenwich, CT 06830, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of$113,797.74. Sheriff's Costs: Docketing $30.00 Poundage 2,186.02 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 12.42 Levy 15.00 Surcharge 20.00 Postpone Sale 20.00 Law Journal 386.30 Patriot News 309.43 Share of Bills 29.32 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 3,144.49 Sworn and subscribed to before me So Answera~ 2004, A.D.~. ~BY'.J~~5~R' Thomas Kline, Sheriff Real Estate ~eputy SPEAR & HOFFMAN, P.A. · ' BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY. SUITE 210 CHERRY HILL. NEW JERSEY 08034 , ' (856l 755-1560 C OPY ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION COURT OF COMMON PLEAS SYSTEMS INC. AS NOMINEE FOR ITS CUMBERLAND COUNTY SUCCESSORS AND ASSIGNS PLAINTIFF, DOCKET NO. 03-502 CIVIL TERM VS. SUSAN K. MCCLINTOCK DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS. Plaintiff in the above action, by its attorney. BONNIE DAHL, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 144 SOUTH LOCUST POINT ROAD. MECHANICSBURG, PA 17055: 1. Name and address of Owneris) or Reputed Owner(s): SUSAN K. MCCLINTOCK 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: SUSAN K. MCCLINTOCK 1-44 SOUTH LOCUST POINT ROAD. MECHANICSBURG. PA 17055 3. Na~ne and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:NONE 4. Name and address of the last recorded holder of every mortgage of record: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS 9451 CORBIN AVENUE NORTHRIDGE, CA. 91324 NORTH AMERICAN MORTGAGE COMPANY MORTGAGE ELECTRONIC REGISTRATION SYSTEM 3883 AIRWAY DRIVE SANTA ROSA, PA 95403 5. Name and address of every other person .who has any record lien on the property:NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE. PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 CUMBERLAND COUNTY TAX CLAIM BUREAU I COURTHOUSE SQUARE CARLISLE. PA 17013 CAROLYN MCQUILLEN TAX COLLECTOR 1044 PINE ROAD CARLISLE. PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT(S}/OCCU PA NT(S) 144 SOUTH LOCUST POINT ROAD. MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal kuowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. SPEAR & HOFFMAN, P.A. "ONNIE DAHL, ESQUIRE Attorney for Plaimiff SPEAR & HOFFMAN, P.A. · · B'Y: BONNIE DAHL. ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 21'0 (856'!CHERRY755- IHILL'560 NEW JERSEY 08034 COpy ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION COURT OF COMMON PLEAS SYSTEMS INC. AS NOMINEE FOR ITS CUMBERLAND COUNTY SUCCESSORS AND ASSIGNS PLAINTIFF, DOCKET NO.03-502 CIVIL TERM VS. SUSAN K. MCCLINTOCK DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SUSAN K. MCCLINTOCK 144 SOUTH LOCUST POINT ROAD. MECHANICSBURG, PA 17055 Your house {real estate) at: 1-:14 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055 is scheduled to be sold at Sheriff's Sale on MARCH 3, 2004 at: CUMBERLAND COUNTY COURTHOUSE 2sD FLOOR. COMMISSIONERS HEARING ROOM I COURTHOUSE SQUARE CARLISLE. PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $98,062.63 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS against yon. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take inunediate action: 1. The sale will be canceled if you pay to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856~ 755-1560. 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 be able to stop the sale through other legal proceedings. You ,nay need all attorney to assert your rights. The sooner you contact one, file more chance yot~ 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 TA/~E PLACE, 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717~240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later thanAPRIL 3. 2004 This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten { 10) days after tile date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, ii" you act immediately after tile sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE I COURTHOUSE SQUARE CARLISLE. PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFOR.MATION OBTAINED WILL BE USED FOR THAT PURPOSE. ALL THAT CERTAIN LOT OR PARCEL OF I~AND, TOGETHER WITH THE IMPROVEMENTS · . THEREON ERECTED, SITUATE IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTER LINE OF SOUTH LOCUST POINT ROAD, (L.R.21012), WHICH SAID POINT IS IN THE DIVISION LINE BETWEEN LOTS NUMBERS 1 AND 2 ON THE HEREINAFTER MENTIONED PLAN OF LOTS: THENCE ALONG THE DIVISION LINE BETWEEN LOTS NUMBERS I AND 2 SAID PLAN: SOUTH 62 DEGREES 43 MINUTES 55 SECONDS WEST. 136.27 FEET TO A POINT: THENCE CONTINUING ALONG THE DIVISION LINE BETWEEN LOTS NUMBERS I AND 2 ON THE HEREINAFTER MENTIONED PLAN OF LOTS. SOUTH 71 DEGREES 59 MINUTES 35 SECONDS WEST, 35.12 FEET TO A POINT AT CORNER OF LAND NOW OR FORMERLY OF JOSEPH S. FEARNBAUGH AND VIOLET R. FEARNBAUGH, HIS WIFE: THENCE ALONG THE LINE OF SAID LAND NOW OR FORMERLY OF JOSEPH S. FEARNBAUGH AND VIOLET R. FEARNBAUGH, HIS WIFE, NORTH 25 DEGREES WEST 66.15 FEET TO A POINT IN THE LINE OF LAND NOW OR FORMERLY OF WARREN S. RADABAUGH~ THENCE ALONG THE LINE OF SAID LAND NOW OR FORMERLY OF WARREN S. RADABAUGH, SOUTH 59 DEGREES WEST, 33.11 FEET TO A POINT IN THE LINE OF LAND KNOW OR FORMERLY OF MONROE CORPORATION: THENCE ALONG THE LINE OF SAID LAND NOW OR FORMERLY OF MONROE CORPORATION, NORTH 59 DEGREES EAST, 173.58 FEET TO A POINT: THENCE ALONG THE LINE OF LAND OF THE SAME. NORTH 59 DEGREES EAST, 504.9 FEET TO A POINT IN THE CENTER LINE OF SOUTH LOCUST POINT ROAD(L.R 21012). AFORESAID: THENCE ALONG AND THROUGH SAID SOUTH LOCUST POINT ROAD, ( L.R. 21012). NORTH 25 DEGREES WEST, 104.4-3 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS NUMBERS I AND 2 ON THE HEREINAFTER MENTIONED PLAN OF LOTS FIRST MENTIONED ABOVE, THE POINT AND PLACE OF BEGINNING. BEING LOT NO.1 ON THE FINAL PLAN OF MINOR SUBDIVISION FOR GEORGE R. HUFF. WHICH SAID PLAN IS RECORDED IN PLAN BOOK 50. PAGE 69. UNDER AND SUBJECT. NEVERTHELESS, TO EASEMENTS, CONDITIONS AND RESTRICTIONS OF PRIOR RECORDED PERTAINING TO SAID PREMISES. BEING THE SAME PREMISES WHICH OLETHA ME. GARNER, WIDOW BY DEED DATED MARCH 10, 2003 AND RECORDED MARCH 15. 2000 IN THE RECORDER'S OFFICE IN AND FOR MONTGOMERY COUNTY, PENNSYLVANIA IN DEED BOOK VOLUME 217, PAGE 678, GRANTED AND CONVEYED UNTO SUSAN K. MC CLINTOCK, THE MORTGAGOR HEREIN. PARCEL# 22-10-0642-0121A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) ' NO 03-502 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC, AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS, Plaintiff (s) From SUSAN K. MCCLINTOCK (1) You are directed to levy upon the propeny of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) lfproperVj of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $98,062.63 L.L. $.$0 Interest $1,547.51 Atty's Corem % Due Prothy $1,00 Atty Paid $115.52 Other Costs Plaintiff Paid Date: DECEMBER 3, 2003 CURTIS R. LONG Prothono~,~ ff,~ ~ (Seal) By: -. / ! Deputy REQUESTING PARTY: Name BONNIE DAHL, ESQUIRE Address: 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, N.J. 08034 Attorney for: PLAINTIFF Telephone: 856-755-1560 Supreme Cour~ ID No. 79294 Real Estate Sale # 56 On December 05, 2003 the sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 144 South Locust Point Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 05, 2003 Real Estate~Deputy SCHEDULE OF DISTRIBUTION SALE NO. 56 Date Filed: July 9, 2004 Writ No. 2003-502 Civil Term Mortgage Electronic Registration Systems, Inc. as Nominee for its successors and assigns VS Susan K. McClintock Sale Date: June 9, 2004 Buyer: Five Way Partners, L.P. Bid Price: $109,301.00 Real Debt: $98,062.63 Interest: 1,547.51 Attorney Costs: 115.52 Total: $99,725.66 DISTRIBUTION: Receipts: Cash on account (12/03/03): $ 1,500.00 Cash on account (06/09/04): 10,930.00 Cash on account (06/21/04): 102,867.74 Total Receipts: $115,297.74 Disbursements: Sheriffs Costs $ 3,144.49 Legal Search 200.00 State Transfer Tax 1,055.36 Local Transfer Tax 1,055.36 Mary Murray, Tax Collector 1,004.89 Attorney Frank Fcdcrman 1,500.00 Mortgage Electronic Registration 99,725.66 Systems, Inc. Susan K. McClintock 7,611.98 Total Disbursements: ($115,297.74) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED, SHERIFF SALE NO. $6 Held Wednesday, June 9, 7J)04 Date: June 9, 2004 TAXES: Receipts for all taxes for the years 2001 to 2003 inclusive. Taxes for the current year 2004. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2004, and recorded ,2004, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Oletha M. Garner, widow, by deed dated March 10, 2000 and recorded March 15, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania. in Deed Book 217, Page 678, granted and conveyed to Susan K. McClintock. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. I $. Public and private rights in the roadbed of L.R. 21012, known as South Locust Point Road. 6. Building and use conditions, restrictions, and easements and setbacks as shown on or set forth on the Plan of George R. Huff, recorded in Plan Book 50, Page 69. 7. Rights granted to Metropolitan Edison Company by instrument recorded December 29, 1944 in Miscellaneous Record Book 81, Page 145. 8. Mortgage in the amount of $98,200.00 given by Susan A. McClintock to Mortgage Electronic Registration System, Inc., dated January 24, 2001 and recorded January 30, 2001 in Mortgage Book 1666 Page 710. Complaint in mortgage foreclosure filed by Mortgage Electronic Registration System, Inc., as Plaintiff against Susan K. McClintock as Defendant in the Office of the Prothonotary of Cumberland County to File No. 2003-502. Judgment in the amount of $98,062.63 entered December 3, 2003. 9. Satisfactory evidence to be produced that proper notice was given to holders of all liens and encumbrances intended to be divested by subject Sheriff sale. 10. Real estate taxes accruing on and after July 1, 2004 not yet due and payable. It is to be noted that no search of Domestie Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 199/, nor has any search been made for environmental liens in Federal District Court. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. $87, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : Lisa Marie Co)ne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hc~o is exactly the same as was printed in the regnlar editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statcmants as to time, place and character of publication are true. RBAL BSTATB 8A.L~ .0 se )/I ' //~ Writ No. 2003-502 Civil ~U Mortgage Electronic Registration Systents. Inc. as Nominee for Its ~ arie Coyn itor successors and assigns VS. Susan K. McC]intock SWORN TO AND SUBSCRIBED before me this Atty.: Sonme oahl 30 day of JANUARY 2004 ALL THAT CERTAIN lot or parcel or Land. together with the improve- l~ents thereon erected, situate tn the Township of Monroe. County or Cum- berland. Pennsylvania. bounded and deocrlhed as follows, to wit: BEGINNING at a point in the cen- · ter line of South Locust Point Road. [ {L.R. 21012}. which said point is In [ the division line between lots hum- ~ hers I and 2 on the hereinafter ~ nlgntloned Plan o1' Lots; thence along ~ the division line between lots man- bets 1 and 2 said plan; South 62 ' degrees 43 minutes 55 seconds ti~st. 136.2'/lc-et to a point; thence continuing along the division line between lots numbers I and 2 on THE P.ATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1~29 Commonwealth of Pennsylvania, County of Dauphin) ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of ~ and The ~ newspapers of general cimulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto Is exactly as printed and published In their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company Is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and Is duly authorized and empowered to verity this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Rook 'M', PUBLICATION ....................................................... COPY ;~ ;~' ~ ~'s 23rd day~ Feb/~~ 2004 A.D. Member, Pawm,/~,w~ ~..~.---~,,O~Notadas My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBIEtI.~ND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached , hereto on the above stated dates Total $ 309.43 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and T ' - w , newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .............. . ..................................................... Writ N~ :_,~ CMl Tim DE~IP110N ~ ~m ~ ~ 21012~ ~ ~m 217,~ 6~ ~ ~