HomeMy WebLinkAbout02-0388LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN
ID# 55669
1310 INDUSTRIAL BOULEVARD
isT FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
LASAI J.E BANK NATIONAL
ASSOCIATION AS INDENTURE
TRUSTEE UNDER THE INDENTURE
DATED AS OF 6/1/2000 SERIES 2000-2
ONE RAMLAND ROAD
ORANGEBURG, NY 10962
PLAINTIFF
VS.
MARY A. PASS
432 BOSLER AVENUE
I.EMOYNE, PA 17043
DEFENDANT
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
COMPLAINT IN
MORTGAGE FORECLOSURE
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 SHOUI.D TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TFJ.EPHONE
THE OFFICE SET FORTH BF.I OW 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
1310 INDUSTRIAL BOULEVARD
1sT FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
LASAI.I .E BANK NATIONAL
ASSOCIATION AS INDENTURE
TRUSTEE UNDER THE INDENTURE
DATED AS OF 6/1/2000 SERIES 2000-2
ONE RAMLAND ROAD
ORANGEBURG, NY 10962
PLAINTIFF
VS.
MARY A. PASS
432 BOSLER AVENUE
IF. MOYNE, PA 17043
DEFENDANT
COURT OF COMMON PI JEAS
CUMBERLAND COUNTY
NO.
COMPLAINT IN
MORTGAGE FORECLOSURE
CIVIL ACTION MORTGAGE FORECLOSURE
1. LaSalle Bank National Association as Indenture Trustee under the Indenture dated
as of 6/1/2000 Series 2000-2, (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 Mary A.
Pass, Mortgagor (hereinafter referred to as "Defendant") and itself as Mortgagee
by Assignment. Said Mortgage was dated June 6, 2000 and was recorded in the
Office of the Recorder of Deeds and Mortgages in Cumberland County in
Mortgage Book 1617, page 505. A copy of the Mortgage is attached and made a
part hereof as Exhibit 'A'.
2. The Mortgage is secured by Defendants Note dated June 6, 2000 in the amount of
$55,000.00 payable to Plaintiff in monthly installments with an interest rate of
11.75%.
3. The land subject to the mortgage is:
432 Bosler Avenue, Lemoyne, PA 17043.
4. The Defendant, Mary A. Pass is the real owner of the land subject to the mortgage
and the Defendants' address is:
432 Bosler Avenue Lemoyne, PA 17043
5. The Mortgage is now in default due to the failure of the Defendant to make
payments as they become due and owing. The following amounts are due:
Principal Balance
Interest to 12/14/2001
Accumulated Late Charges
Pre-payment penalty
NSF
Hazard Insurance
Interest on Advances
CMA
Attorney Fees/Costs
TOTAL
$54,807.75
3,446.09
166.56
2,740.39
45.00
836.49
46.05
100.00
3,700.00
$65,888.33
plus interest from 12/15/2001 at $17.61 per day, costs of suit and attorney
fees.
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 the
Defendant on September 18, 2001. The Defendant has 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 Defendant, in the
sum of $65,888.33 together with the interest from 12/15/2001 at $17.61 per day, costs of
suit and attorney fees.
Law Offices of Gregory Javardian
ttorn~/ID No. 55669
ACCOUNT#: 0803567031
ADJUSTABLE RATE NOTE
(LIBOR 6 Month index (As Published in The Wall Street 3ournal)-Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST
RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY
INTEREST RATE CAN CHANGE AT ANY ONE TIME, AND THE MAXIMUM RATE !
MUST PAY.
JUNE 06, 2000 JE~KINTOWN PENNSYLVANIA
[o~e] IC'iWl IStawl
432 BOSLER AVENUE, LEMOYNE, PA 17043
[property Address[
!. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, 1 promise to pay U.S. $ 55,000.OO (this amount is called
"p~tcipa{"), plus interest, to thc order of the Lender. The Lender is Alliance Funding, a
Division of Superior Bank FSB
I understand that the Lender may transfer this Note, The Lender or anyone who takes this Note by transfer and who
is entitled to receive payments under this Note is called the "Note Holder."
2. IN'IT. REST
Interest will he charged on unpaid principal until the full amount of principal has been paid. I will pay interest
at a yearly rate of 11_. 750 %. Thc interest rat~ I will pay may change in accordance with Section 4 of this Note.
The interest rate r~uired by this Section 2 and Section 4 of this Note is thc rate I will pay both before and
after any default described in Section 7(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
[ will pay principal and interest by making payments every month.
I will make my monthly payments on the lac day of each month beginning on AUGUST 01 ,
2000 . I will make these payments every month until I have paid all of the principal and interest and any other
charges described below that I may owe under this Note. My monthly payments will be applied to interest before
principal, if, on JULY 01, 2030 , l still owe amounts under this Note, 1 will pay those amounts in full on
that date, which is called tile "Maturity Date."
I will make my monthly payments at ONE RAI, tLAND ROAD'
0RANGEBURG, NY 10962 or at a different place if required by the Note Holder.
(B) Amount of My initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. $ 555.18 . This amount
may change.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in thc interest rate
that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment
in nccordance with Section 4 of this Note,
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate 1 will pay may change on the first day of JULY , 2002 , and on that day
every 6 month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average
of interbank offered rates for 6 month U.S. dollar-denominated deposits in thc London market ("LIBOR"), as published
in The Wall Street .loumaL The most recent Index figure available as of the ftrst business day of the month
immediately preceding the month in which the Change Date occurs is called the "Current Index."
if the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, thc Note Holder will calculate my new interest rate by
adding SlX AND 25/100 percenlagepoint(s)( 6.250 %)~otheCun'enthldex. TheNote
Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject
to the limits stated in Section ~,(D) below, this rounded amount will he my new interest rate until the next Change Date.
The Note Holder will then de,ermine the amount of the monthly payment that would be sufficient to repay the
unpaid principal that I am expected to owe at ~he Change Date in full on the Maturity Data at my new interest rate in
sub~tamially equal payments. The result of this calculation will be the new amount of my monthly payment.
ALKZ
(D) Limits on ]nteres! Rate Changes
The interest mtn I am required to pay at the first Change Date will not be greater than 1/~. ? 50 % or
less than 10.7 §0 %. Thereafter, my interest rate will never be increased or dncreased on any single Change
Date by more than ONE AND NO/100 percentage point(s) ( 1. 000 %) from the rate of
interest I have been paying for the preceding 6 months. My interest rate will never be greater than 17.750 %.
(El Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly
payment beginning on the first monthly payment date after the Change Date until thc amount of my monthly payment
changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my
monthly payment before the effective date of any chan~e. The notice will include information required by law to be
given me and also the telephone number of a person who will answer any question I may have regarding the notice.
S, BORROWER'S RIGHT TO PREPAY
I have the fight to make payments of principal at any time before they are due. A payment of principal only
is known as a "prepayment." When 1 make a prepayment, I will tell the Note Holder in writing that i am doing so.
I may make a full prepayment or pat~ial prepayments without paying any prepayment charge. The Note Holder
will use ali of my p~/,ayments to reduce the amount of principal that I owe under this Note. If ! make a part/al
prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing
to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Changa Date
following my partial prepayment. However, any reduction due to my partial prepayment may be off, et by an interest
rate increase.
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that thc
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then:
(il any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii)
any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may
choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If
a refund reduces principal, the reduction will be treated as a partial prepayment.
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(Al Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will
be 5. 000 % of my overdue payment of principal and interest, I will pay this late charge promptly but only
once on each late payment.
(B) Default
]f I do not pay the full amount of each monthly payment on the date it is due, I w/il be in default.
(C) Notice of Dehult
If i am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal that has not
been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the
notice is delivered or mailed to me.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if I am in default at a later time.
(El Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have
the right to be paid bock by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by
applicable law. Those expenses include, for example, reasonable attorneys' fees.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will
be given by delivering it or by mailing it by first class mall to me at the Property Address above or at a different
address if I give the Note Holder a notice of my different address.
Unless the Note Holder requires a different method, any noti~ that must be given to the Note Holder under
this Note will be given by mailing it by ftrat class mail to the Note Holder at the address slated in Section 3(Al above
or at a different address if I am given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER TInS NOTE
if more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, inclnding the promise to pay the full amount owed. Any person who is a guarantor, surety
or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including
the obligations of a guarantor, surety or endoraer of this Note, is also obligated to keep all of the promises made in this
Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us
together. This means that any one of us may be required to pay all of the amounts owed under this Note.
10. WAIVERS
I and any other person who has obligations under this Note waive the rights of presenmlent and notice of
dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of
dishonor" means the right to require the Note Holder to give notice to other persons that amounLs due have not been
paid.
11. UNIFORM SECURED NOTE
This Note is a uniforu! instrument with limited variations in some jurisdictions. In addition to the protections
given to the Note Holder under this Note, a Moflgage, Deed of Trnsl or Security Deed (the "Security Instrument"),
dated the same date as this Note, protects Ihe Note Holder from possible losses which might result if I do not keep the
promises that 1 make in this Note. That S~curity Instrument describes how and under what conditions I may be required
to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as
follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the
Propet~ or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or
transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may,
at its option, require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not he exercised by Lender if exercise is prohibited by federal law as of
the date of this Security InstrumenL Lender also shall not exercise this option if: (a) Borrower causes
to he submitted to Lender information required by Lender to evaluate the intended transferee as if a
new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's
security will not be in,paired by thc loan assumption and that the risk of a breach of any covenant or
agneemant in this Security Instmmant is securable to Lender.
To this extent permitted by applicable law, Lender may charge a reasonable fee as a conditinn
to Lender's consent to the loan assumpUon. Lender may also require the transferee to sign an
assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the
promisns and agreements made in thc Note and in this Security Instrument unlnss Lender releases
Borrowcr in writing.
If Lender exercises the option to require immediate payment in full, Lender shall give
Borrower notice of acceleration. Thc noticc shall provide a period of not less than 30 days from thc
date thc notice is delivcrcd or mailed within which Borrower must pay all sums secured by this
Security Instrument. If Borrower fails to pay thcse sums prior to thc cxpiration of this period, Lender
may invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
[~ 'A P~ Bon~ver ~ormwer
.(Seal)
.(Seal)
[Sign Original OnlyJ
ACCOUNT #:0803567031
ADDENDUM TO FNMA NOTE
This ADDENDUM TO. NOTE is made this 6(th day of JUNE , 2000 ,
and is incorporated into and amends and supplements the Note, Adjuslable Rate Note or Balloon Note of the
same date, and any extensions and renewals of that Note, given by the undersigned ("Borrower") to
Alliance Funding, a Division of` Superior Bank FSB ("Lender"X"Notc').
In addition to the a~reemcnts made in the Note, Borrower and Lender further agree as fogows:
I. Balloon Payment Loan []
If thc box above bas been checked, the following provisions are added to the Note:
A. "THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE
PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE
LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU
WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS
THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE
THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY.
IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR
ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN
IF YOU OBTAIN REFINANCING FROM THE SAME LENDER."
B. The "Payments" section of the Note is amended by deleting the first sentence and replacing it with
the following language:
"I will pay prix~cipa] and interest by' making payments every month. Each of' my regular monthly
payments, except for the f'mal payment, will be in the amount of U.S. $ N/A
Assuming ali scheduled payments of principal and interest are mar~e on their due dates, the finai
payment will be U.S. $ N/A ."
2. The section of the Note entitled, "Borrower's Promise to Pay," is amended by adding the following
lan~ttage after the first sentence: "Any amounts owed under the Security Instrument that is executed
in conjunction with this Note are and shall be part of the debt obits, ainu under this Note."
3. If the Note is an adjustable rate Note, the section of the Note entitled, "Interest," is amended by
adding the following language at thc end of tho second sentence: "which, except for odd days' interest,
if any, will be applied to a 360 day year concisting of 12 'months with 30 days each. Interest will be
charged until the principal has been paid in full.'*
4. If the Note is an adjustable rate Note: a) the section of thc Note entitled, "Payments" (Al "Time and
Plane of Payments," is amended by deleting the sentence which reads, 'My monthly payments will
be applied to interest before principal." and replacing it with the following language: "Each of my
regular monthly payments will be applied first to amounts doe for any escrows for taxes and insurance
under the Security Instrument, then to accrued and unpaid interest ns if the payment is made on its due
date, regardless of when the payment is actually received and the remainder, if any, to the unpaid
principal balance. Any late char~es, collection coals and expanses, dishonored check charges,
prepayment charges and payments made by the Note Holder to cnforae this Note and/or to protect thc
Note Holder's interests under the Security Insirnment will be assessed separately. This does not take
into account any payments for optional mortgage products that are charged to my account." and b) thc
section of the Note entitled, "Interest Rate and Monthly Payment Changes" (D) "L. imits on
Interest Rate Changes," is amended by adding the following language, "My interest rate will never
be less than 10. 750 %."
5. I f the Note is a fixed rate Note, the section of the Note entitled, "Time and Place of Payments" or
alternately "Payments,'* is amended by deleting (if applicable) the sentence which rends, "My monthly
payments will be applied to interest before principal," and by adding the following language before
tho sentence which contains the maturity date:
"Each of my regular monthly paymen~ will be applied first to amounts duc for any escrows for taxes
and insurance under the Security Instrument, then to accrued and unpaid interest to the date of
payment and the remainder, if any, to the unpaid principal balance. Any late charges, collection costs
and expenses, dishonored check charges, prepayment charges and payments made by the Note Holder
to enforce this Note and/or to protect the Note Holder's interests under the Security Instrun~cnt will
be assessed separately. This does not take into account any payments for optional mortgage products
that are charged to my account.'
MULTtSTATE ADDI~aMJM TO IST/2NU ~ PAOE i OF 3 ANT030A.USM
FNMA/fHLMC NOTE
SUPERIOR
The section of the Note entitled* "Borrower's Right to Prepay" or alternately "Borrower's
Payments Before They Are Due," is amended by: a) adding to the and of the first sentence thc
following language, ", but the Note Holder may apply any tendered paymants first to any amounts then
due and owing under this Note or under the Sccurity Instrument and tben to principal not yet due.";
b) deleting the sentence which states, "The Note Holder will use all of my prepayments to reduce the
amount of principal that I owe under this Note."; and c) adding after the final sentence the following
language, "Except ns provided in the "Loan Charges" section (if any), the Note tlolder earns any
prepaid finance charge at the time the loan is made and no part of it will be refunded iii pay in full
ahead of schedule."
If a prepayment charge is contracted in connection with this loan, the section of the Note entitled,
"Loan Charges" (if any) is amended by adding to the end of the final sentence the following
language, "without any prepayment charge."
7. In the Stale of Arizona, a provision is added to the Note as follows:
"Contracted for Rate of Interest. I agree to pay an effective contracted for rate of interest equal to
the interest rate as provided in this Note and the additional interest resulting from any Additional
Sums. The Additional Sums shall consist of all fees, charges, goods, things in action or other sums
or things of value (other than interest as provided in this Note) paid or payable by me, whether
purauant to this Note, the Security Instrument securing this Note or any other document or instrument
in any way pertaining to this loan, that may be deemed to be interest for the pu,'pose of any law of
thc State of Arizona that may limit the maximum amount of interest to be charged with respect to this
loan. The Additional Sums shall be deemed to be additional interest for the puqx~es of any such law
only.#
The section of the Note entitlcd, "Late Charge for Overdue Payments," is amended by replacing
the word "ovcrduc" iu thc second sentence with thc word "scbedulcd." If thc Note is a fixed rate Note.
after the final sentence add the following language, "Any late charge will be in addition to interest on
the then outstanding principal for each day the payment is late."
The sections of the Note entitled, "Notke of Default" a~d "Uniform Note," are amended by
changing thc notice of default or acceleration to hc at least 60 days it' the loan is secured by a
secondary lien on real property in the State of Connecticut and at least 35 days if fha loan is secured
by a lien on real property in the State of Oklahoma.
10.
If this is an adjustable rate Note, then the subparagraph entitled, "Transfer of the Property or a
Beneficial Interest in Borrower," is amended by deleting thc provisions relating to assumptinn of
thc loan.
I 1. The section of the Note entitled, '*Payment of Note Holder's Costs and Expenses,'* is deleted in its
entirety and is replaced by the following language:
"If I default, whether or not thc Note Holder has requital me to pay immediately in full as described
above, the Note Holder will have the right to he paid hack by me for all of its costs and expenses in
enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for
example, reasonable attorneys' fees, collection costs and expenses, servicing fees, and dishonored
check charges to the fullest extent not prohibited by applicable law.'*
12. The section of the Note entitled, "Obllgatioos/Resp~nsFoility of Persons Under Thh Note,'* is
amended by adding the following language to thc cnd of the first scntencc:
"plus the charges as described in thc sections entitled, "La, to Charges for Overdue Payments" and
"Payment of Note Holder's Costs and Expenses," and to pay any other charges required in order
to close the loan."
13. In the State of Virginia, the first sentence in the section of the Note (Form 3200, 3260 or 3520)
entitled* "Waivers," is deleted and amended to rend as follows:
"I and any other person who has obligations nnder this Note waive the rights of preseotment and
notice of dishonor and waive the homestead exemption,"
14. A provision is added to the Note as fellows:
"ADDITIONAL SERVICING FEF_~: In addition to charges specified elsewhere in this Note, in thc
Security instrument given to secure this Note, or in any other agreement in connection with this Note,
I agree to pay, to the fullest extent not prohibited by applicable law, the following if charged in
LOAN ID~:080356703l
connection with this loan: any fees imposed by thc Lender's discharge or satisfaction of lien(s)
(whether upon payment in full, acceleration or maturity); payoff quotes/chargas; del/very charges;
inspection fees; payment history charges and/or any other servicing fees listed in the schedule of fees
in effect at the time Ihe charge is incurred."
15.
A.
A provision is added tu the Note as fullows:
"APPLICABLE LAW. This Note shall be governed by federal law and, to the extent not inconsistent
with or more restrictive than federal law or regulation governing the Lender, the laws of the
jurisdiction in which the property defined in the Security Instrument as the "Property" is located. In
the event of a conflict between any provision of this Note and any such law or regulation in effect as
of the date of this Note, such law or regulation shall control to the extent of such conflict and the
conflicting provision contained in this Note shall be without effect. All other provisions of this Note
will remain fully effective and enforceable."
B. In the State of Minnesota, a provision is added to the Note es follows:
"The interest rate on a second mortgage loan is governed by Minnesota Statutes Section 47.20, 47.21
and 12 C.F.R. Section 560.1
16. A.
If the box below has been checked, the section of the Note entitled, "Borrower's Right to Prepay"
or alternately "Borrower's Payments ~efore They Are Due," is deleted in its entirety and replaced
with the following language:
[] "BORROWER'S RIGHT TO PREPAY; PRKPAYMENTCHARGE. I have the right to make
payments of principal at any time before they are due, but the Note Holder may apply any tendered
payments first to any amounts then due and owing under this Note or under the Security Instrument
and then to principal not yet due. A payment of principal only is known as a "prepayment." A
prepayment of all of the unpaid principal is known ss a "full prepayment." A prepayment of only part
of thc unpaid principal is known as a "partial prepayment."
If I make a partial prepayment and this Note is a fixed rate Note, tbure will be no changes in the due
dates or amounts of my monthly payments unless the Note Holder agrees in writing to those changes.
if I make a partial prepnyn~nt and this Note is an adjustable rate Note, there will be no changes in
the due dates or amounts of my subsequent scheduled monthly payments until the first payment due
after the first Change Date following my partial prepayment unless the Note Holder agrees in writing
to thosa changes. [f this Note is an adjustable rate Note, my partial prepayment may reduce the
amount of my monthly payments after the first Change Date following my partial prepayment, but uny
such reduction may be offset by an interest rate increase. If the aggregate amount of prineipal prepaid
in any twelve (12) month parind exceeds twenty percent (20%) of the original principal arnounl o f this
Note during the first 2 years commencing from thc date of Ihis Note, then as consideration
for the acceptance of such prepayment, and in addition to any other sum payable hereunder, 1 agree
to pay to the Note Holder a prepayment charge equal to 5 % of the total amount prepaid. I
will pay this prepayment charge whether prepayment is voluntary or the result of acceleration due to
my default under this Note or the Security Instrument. Except as provided in the section entitled,
"l.~an Charges," thc Note Holder earns any prepaid f'manee charge at the time the loan is made and
no part of it will be refunded if I pay in full ahead of schedule."
Check box if applicable:
[] This prepayment charge does not apply if the prepayment is the result of my refinancing of this
loan with thc Lender or an affiliate of thc Lender.
17.
If the Note is assigned or transferred, all or a portion of this Addendum to Note may be voided at the
option of the assignee or transferee. Any terms and provisions of the Addendum to Note which are
voided will be governed by the original terms and provisions of the Note.
BY $IGNfiqO BELOW, Borrower accepts and agrees to the terms and provisions contained in this
Addendum to Note.
CSeal) (seal)
Borrower Borm,a~'
(Seal) .(Seal)
MULTISTATE ADDENDUM TO $ST/2ND
FNMA/FIll*MC NOTE (7,/~99)
SUPERIOR
(Seal)
lOAN IDi1:0803567031.
ORIGINAL'
Prepared by: CR~'STAL RADEE
MORTGAGE
THIS MORTGAGE ("Sectary Instrument") is given on JU~E
NARY A PASS
ACCOUNT#: 0803567031
06, 2000 . The mortgagor
('Borrower").
, and whose address is
This Security Instrument is given to
Alliance Funding, a Divlsion o£ Supertor Bank FSB
wh~chisorsenizedandexistitt~.underthe lawsof '~ne United Scat:es
O~e Ram1.and Road, Ofa~ebu.:l~, New Yol:k 1.0962
.('Lender"). Borrower owes Lender the principal sum of
FIFTY-FIVE THOUSAND AF~ NO/L00 Dollars
(U.S. $ 55,000.00 ). This debt is evidenced by Borrower's note dated the same date as this Security
lnstnunent (~ote"), which provides for monthly payments, with the ~ul] debt, if not paid earlier, duc and payable
o~ JULY 01, 2030 . This Security Instrument secures to Lender. (a) the repayment of thc debt
evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment
of all other sums, with interest, advanced under parag~_ph 7 to protect thc security of this Security Instrument; and
(c) the performance of Borrower's covenants and agreements under this Security [nstntment and the Note. For this
Purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located.
in CUMBERLAND County, Permsytv~ia:
[] If this box is checked see Schedule A annexed hereto end made a part hereof.
which I~s the address of 432 BOSLER AVENUE
IS~eq
LEHOYNE , Pennsylvania 17043 ("Propen'y Address");
ICily] [Zip Code]
505
TOGETHER WITH all ~c i, mprovcments now or hereat%r erected ot~ the propat~y, ~l all ensements,
appurtenances, and fi.xtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security [rts~ment. Al! of the fore$oing is referred to m this Security Instrument as tbe
"Property."
BORROWER COVENANTS that Borrower i~ b.w fully seised of the estate hereby conveyed and tuts the
right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrance~
of recorcL Borrower warrants and wOl defend generally the title to the Property a~ir~t all claims and demands,
subject to any encumbrances of record.
THIS SECURITY ]N:~rt RUMENT combines un~forM covenants for national use and non-unifom~
covenants with lhr~ited variations by jurisdiction to constitute a uniform security insmunent covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal und Interest; Prepuyment and Late Charges. Borrower shah promptly pay
when due the principal of and inter~t on the debt evidenced by the Note and any prepayment and late chazges due
under the Note.
2, Funds for Taxe~ and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower
shall pay to Lender on the day monthly payments a.re due under the Note, until the Note is paid in full, a sum
("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien
on the Property; (b) yearly leasehold payments or ground rents on the Pro~rty, if any; (c) yearly hazard or
propet'ty inSUrance premiums: (d) yearly flood insorunce premiums, if any; (e) yearly mortgage insurance
premiums, if any; and ( t3 any sums payable by Borrower to Lender, in accordance with the provisions ofpa~graph
g, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may,
at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a fedentlly
t~lated mortgage loan may requi~ for Borrowet's escrow account under the federal Real Esmt~ Settlement
Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another
law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an
amount not to exceed the les.v:r amount. Lender may estimate the amount of Funds due on thc basis of current data
.and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an institutinn wh~e deposits are insured by a fedeca[ a~ency, instrumentality,
or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply
the Funds to pay the Escrow Items. Lender may not ctu~c Borrower for holding and applying the Funds, annually
analy-zing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds
and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a
one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan,
unles.~ applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be
paid, Lender shall not be required to pay Bon'ower any interest or earnings on the Funds. Borrower and Lender
may a~ee in writing, however, that interest shall be paid on the Funds. Lender shall glvc to Borrower, without
chas~, an ~munl accounting of the Funds, showing c1~fits and debits to the Funds anc~ the putpo~ for which each
debit to the Funds was made. The Funds usc pledged as additional security for all sums secured by this Security
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall
account to Borrower for the exce~ Funds in accordance with thc requirements of applicable law. If ~.e amount
of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify
Borrower in writing, and, in such case Borrower shall p~y to Lender thc amount nec~ to make up the
deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lend~s sole
LOAN' ~D: 080356703].
Upon payment in full of all sums secured by this Security lnslrtunent, Lender shall promptly refund to
Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Pml~"rty. Lender,
prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or
sale as a c~lit against the sums secured by this Security InsU'ument.
3. Application of Pa}'mems. Unless applicable law provides otherwise, all payments received by Lender
under paragraphs I and 2 shall be applied: first, to an), prep~)m'sent charges due under the Note; second, to amounts
payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under
th-e Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable
to the propen'y which may aUaln priority over this Security lnslrument, and leasehold payments or ~ound rents,
if any. Borrower shall pa), these obligations in the manner provided in paragraph 2. or if not paid in that manner,
Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender
all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall
promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over Chis Security instalment unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, 00) cuntests in good faith the lien by, or defends against enforcement of the lien in. legal proceedings
which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the
lien an agreement satisfactoq, to Lender subordinating the lien to this Security Instrument. Il'Lender determines
that any part of the Property is subject to a lien which may attain priority over this Security lnstrumem, Lender
may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more o f the actions
set forth above within 10 days of One giving of notice.
S. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Propeay insured against loss by f~, baz2rds included within the term "extended coverage" arid any
other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be
maimained in ~ amounts and for the pe~inds that Lender requh'es. The insurance carrier providing the insurance
shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld, If Borrower
.fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's
rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage
clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly
give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt
notice to the insurance career and Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise ague in writing, insurance proc eeds shall be applied t o restoration
or repair of th~ Propen~t damaged, if the restoration or repair is economically feasible and Lender's security is not
lessened. It' the restoration or repair is not economically feasible or Lender's security would be lessened, the
insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from
Lender that the insurance career has offered to settle a claim, then Lender may collect the insurance proceeds.
Lender may use the proceeds m repair or restore the Property or to pay sums secured by ~his Security Insma'nent,
whether or not then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall
not extend or postpone ~he due date of the momhly payments referred to in paragraphs I and 2 or change the
araouat of the pa~nncots. If under para~'eph 21 the Pmpe~y is acquired by Lender. Borrower's ri?,ht m ant
insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender
to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
LOAN ID: 0803567031
6. Occupancy, Preservation, Maintenance and Protection of tile Property; Borrower*! Loan
Application; Leaseholds. Bormwershall occupy,establish,and use the Pmpa~ as Borrowers principal residence
with~ sLxty days after the execution of this Security ~su'ument and shaU continue to occupy the Property as
Borrower~s principal residence for at least one yeaz at'er the date of occupancy, unJess Lender otherwise agz~es
in writing, which consent shall not be untensonably withheld, or unless extenuating ci~:umsV~'xces exist which ate
beyoe, d Borrowers control. Borrower shall not destroy, damage or L,~pait the P'mpacty. allow the Prope~y to
deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,
whether civil or criminal, is begun that in Lend~s good faith judgment could n:sult in forfeitme of the Property
or otherwise materially impair the lien created by this Security Instzument or Lender's security interest. Borrower
may cure such a default and reinstate, as provided in pazagrapb 18, by causing the action or proceeding to be
d~smissed with a ruling that, in Lender's good faith determL-.ation, precludes forfeiture of the Bon'owe~s interest
in the Property or other material impairment of ibc lien created by this Security Instrument or Lender's secm'ity
interest. Borrower shall also be m default if Borrower. clunng the loan application process, gave materiaUy false
or inaccurate information or statements to Lender (or failed to p~ov~de Lender with any material infonoation) in
cormectiou with the loan evidenced by the Note, including, but not limited to, representatious concerning
Bormwe~s occupancy of the Property as a princzpal residence, if this Security Insma'nent is on a leasehold,
Borrower shall comply with ail the provisions of the lease. If Borrower acquires fee title to 0an Property, the
leasehold and the fee tit~e shall not merge unless Lender agrees to the merger in w~ting.
7. Protection of Lender's Rights in the Property. If Borrower faiL~ to peffon~ the covenants and
agreements cuntamed in th~s Security Insmuuent, or there is a legal proceeding that may significantly affect
Lender's rights in the Property (such as a proceed~g in benksuptcy, probate, foe condemnation or foal'citron or to
entree laws or regulations), then Lender may do and pay for whatever is necessaz7 m protect the value oftbe
Property and Lender's rights in rite Property. Lender's actions may include paying any sums secured by a lien
w~ich bas priorit7 over this Security lnstvamenZ, ap~:~-.aring in com'~, payln~ reasonable attorneys' fees and entering
on the property to make repairs. Although Lender may take action unde~ this paragraph 7, Lender does not have
to do so.
Any amounts disbursed by Lender under l~s paragraph 7 shall become additional debt of Borrower
· secured by this Security Instrument. Un,ass Borrower and Lender ague to other terms of payment, these amounts
shall bern' interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice
from Lender to Borrower requesting payment.
8. Mortgage Insurance. If Lender required mortgage insm'ance as a condition of making the loan secured
by this Security ~ns~'umenL Borrower shall pay the premiums requtred to maintain the mortgaga insurance in
effect. If, foe any z~.~no, the mortgage insurance covet'age requked b~ Le~tder lapses or ceases to be in effect,
Bon'ower shall pay t~ premiums required to obtain coverage substantially equivalent to the mortgage insurance
previously in effect, at a cost substanti, ally equivate.~t to the cost to Bono wer o f thc mortgage insur, mce previously
in effect, fzom an alternate mortgage insurer approved by Lender. If substantially eqtfivalent mortgage insuzance
coverage is not available, Borrower shall pay to Leader each month a sum equal to one-twelfth of the yearly
mortgage insurance pt~n~um being paid by Borrower when the insurance coverage L~psed or ceased to be in effect.
Lender will accept, usc and retahx these payments as a lo~s reserve in lieu of mortgage ~surance. Loss reserve
payments may no longer be requJz~l, at the option of Lender, if mortgage insurance coverage (in the amount and
for the period that LemUr requhos) provided by an insurer approved by Lender again becomes available and is
obtainecL Bo~ower shaU pay the premiums requh~d ~o maintaL, x mortgage hxanranc¢ ~x effect, or to provkk: a loss
t~-oerve, until the requirement for mortgage insurance ands in accordance with any written agreement between
Bonowe~ and Leader or ~pplJcub~e law.
9. Inspeetinn. Lender or its agent may ma~e reasonable envies upon and inspections of the Px-open'y.
Lender shall kdve Borrower notice at the time of or prior to an inspection spe¢ifyin$ reasonable cause for the
inspeefiot~
1O. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condcmnatinn or other te~cing of any pa~t of the ~ropen'y, or for conveyance in lleu of
condemnation, axe hereby assigned and shall be paid to Lender.
LOAN ID: 080356703].
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this
Security Instrument, whether or not then due, with any excess paid to Bon'ower. In ~he event ora panini taking
of the Property in which the fab' market value of the Property immediately before the taking is equal to or greater
than the amount of the sums secured by this Security Ins~'ument immediately before the taking, unless Borrower
and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the
amount o£the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately
before the takin$, div/ded by (b} the fait market value of the PropeW/immediately before the taking. Any balance
shall be paid to Borrower. In the event of a partial taking of the Pwperty in which the fak market value of the
Property/mmediately before thc taking is less than the amo~t of the sums secured immediately before the taking.
unless Borrower and Lender otherwise agree in va-iting or unless applicablc law otherwise provides, the proceeds
shall be applied to the sums secured by this Security instrument whether or not thc sums arc then due.
If the Property is abandoned by Borrower, or if, aider notice by Lender to Borrower thai the copxierunor
offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days alec
the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to
restoration or repair of the Propen'y or to the sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall
not extund or postpone the due date of the monthly pa~ents referred to in paragrapha 1 and 2 or c~qga the
amount of soch payments.
! 1. Borrower Not Released; Forbearance By Lender Not a Waiver. Extensinn of the t~e [or payment
or modification of amortization of the sums secured by this Security Instrument granted by Lender to any
successor in interest of Bmrower shall not operate m release the liability of the original Borrower or Borrowers
successors in interest. Lender s~all not be required to conunence proceedings against any successor in interest or
refuse m extend time for payment or otherwise modify amortization of the sums secured by this Security
lflstmmunt by reason of any demand made by the original Borrower or Borrowers soccessors in interest. Any
forbearance by Lender in exeroising any tight or remedy shall not be a waiver of or preclude the exercise of any
right or remedy.
12. Successors and Assigns Bound; ,Joint and Several LiabtU~7; Co-signers. The covera~ts and
.agreemunts oft~s Security ~tsm~ment shall bind and benel~t the successors und assigns of Loader and Borrower,
subject to ~e provisions of pazagraph 17. Borrower's covenants and agreements shall be joint and several. Any
Bofl'ower who co-signs this Security lflstmm~m bm does not execute the Note: (a) is co-signing this Seeorhy
Instrument only to mortgage, grant and convey that Borrowers interest in the Property under the terms of this
Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; arid (c)
ag~es that Lender and any other Bonower may agree to extend, mo~fy, forbear or make any accommodations
with regard to the terms of this Security Instrument or the Note without that Borrower's consent.
13. Loan Charges. If the loan secured by thLs Security Instrument is subject to a law which sets maximum
loan charges, and that law is £mally interpreted so that the interest or other loan cha~ges collected or to be collected
in connection with the loan exceed tbe permitted limits, then: (a) any such loan charge shall bc reduced by the
amount necessary to reduce the charge to the per mined limit; and Co) any sums already collected fi.om Bonower
which exceeded pem~tted ~ will be refunded to Borrower. Lender may choose to make this refund by
reducing the principal owed under the Note or by making a direct payment to Borrower. If a retired reduces
principal, the reductinn will be Uuated as a penqal prepayment without any prepayment charge under thc Note.
LOAN ID: 0803567031
Al. MY
!4. Notices. Any uotice to Bo:vower provided for in this Securi~ Ins~'ument shall be given by delivering
it or by mailing it by fu, st class mail unless applicable law requi~es use of another method. The notice shall be
directed to thc Property Address or any other address Borrower designates by notice to Lender. Any notice to
Lcnder shall be given by t'~t class mail to Lender's address stated bercin or any o~her address Lender designates
by notice to Borrower. Any notice provided fur in this Security Instrument shall be deemed to have been given
to Borrower or Lender when given as provided in this paragraph.
15. Governing Law; Severabilit~.This Security lnstnm~.ent shall be governed by federal [aw and the law
of the jurisdiction in which thc Property is located. In the event that any provision or clause of this Security
L, tstrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security
lnslrument or thc Note which can be given effect without the conflicting provision. To this end the prosdsions of
this Security histrument and the Note are declared to be severable.
16. B~rrower's Copy. Borrower shatl be given one conformed copy of the Note ~ of this Security
Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property
or any interest in it is sold or wansferred (or ifa beneficial interest in Borrower is sold or transferred and Borrower
is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate
payment in full of all sums secured by this Security htslmment. However, this option shall not be exercised by
Lender if exercise is prohibited by federal law as of the date of this Security lnamunent.
ffLender exercises this option, Lender shall give Borrowernoticeofacceleration. The notice shall I~ovide
a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay
all sums secured by this Security Instrument. ff Borrower fails to pay these sums prior to the expiration of this
period, Lender may invoke any remedies permitled by this Security Inslrument without further notice or demand
on Borrower.
l& Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have ~ right
to have enfo~=ement of this Security lnsmonent discontinued at any time prior to the earlier of: (a) 5 days (or such
other period as applicable law may speci~ for reinstatement) before sale of the Propen'y pursuant to any power
of.sale contained in tiffs Security instrument; or fo) entry of a judgment enforcing this Security fustrument. Those
.conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument
and the Note as if no acceleration had occurred; (b) cu~s any default of any other covenants or agreements; (c)
pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys'
fees; and (d) takes such action as Lender may reasonably require to assure that the lien ofthis Security Inslrument,
Lenders rights in the Properly and Borrower's obligation to pay the sums secured by this Security Insmu'aent shall
continue unchanged. Upon reinstatement by Borrower, this Security Instrument arid the obligations secured hereby
shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in
the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a pax~ial interest in the Note (together utith this
Security Inslrument) may be sold one or mom times without prior notice to Borrower. A sale may result in a
change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and lt0.s
Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note.
If thera is a change ofth~ Loan Servicer, Borrower will be given wr/tten notice of the change in accordance with
paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and
the address to which payments sl~ould be made. The notice will also contain any other information required by
applicable law.
20. Hazardous Subet~nees. Borrower shall not cause or permit the presence, use, disposal, storage, or
rcltr~,5~ of any ~"~n?nt"~Ous S~ecS on or in the Propet~y. Borrower shall not do, nor allow anyone else to do,
anytl~ng affecting the Propex~ ~ is in violation of any Environmental Law. The preceding two sentences shall
not apply to the presence, use, or storage an the Property of small quantities of Hazardous Substances that are
generally reco~dzed to be appropriate to normal residential uses and to maintenance of the Property.
LOAN ID: 0803567031
e0 !61? t
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other
actio~ by any governmental or regulatory agency or private pan'y involving the Property and any H~7~rdous
Substance or Environmental Law of which Borrower has actual knowledge. If Bon'ower learns, or is notified by
any governmental or regulatory authority, that any removal or other rernediafion of any Hazardous Substance
affecting the Propen~ is necessary, Boo'ewer shall promptly take ail necessary remedial actions in accordance with
Environmental Law.
As used in this paragraph 20, "H~rdous Substances" are thnse subslances de~ned as toxic or hazardous
substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
pe~'oleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestus or
formaldehyde, and radioactive materials. As used in lhis paragraph 20, "Environmental Law# means federal laws
and laws of ibc jurisdiction where the Property is located that re[ate to health, safely or environmental protection.
NON-UNiFORM COVENANTS. Bon'ower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration
under paragraph 1'7 unless applicable law provide~ otherwise), Lender shall notify Borrower of, among
other thJnls: (a) the default; (b) the action required to cure the defaults; (c) when the default must be cured;
and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this
Security Instrument, forclosure by]udicial praceedtng and sale of the Properly. Lender shall further inform
Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding
the non-existence of a default or any other defense of Sorrower to acceleration and foreclosure. If the
default is not cured os specified, Lender at its option may require immediate payment in full of all sums
secured by this SeeuFity Instrument without furtbor demand and mey foreclose this Security Instrument
by judicial proceeding. Lender shall be entitled to collect all expenses ineurTed in paFening the remedies
prnvMed in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the
extent permitted by applicable hw.
22. geieue. Upon payment ofail sums secured by this Secu~ty lustnuncot, ~is Security Instrument and
cbc estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy
.this Security instrdmcut without charge to Borrower. Burrower shall pa)' any recordation
23. Waivers. Bo~owcr, to the extent pertained by applicable law, waives and releases any error ordefects
in proceedings to enforce this Security Ins~ument, and hereby waives the benefit of any present or future laws
providing for stay of execution, extension of time, exemption from a~tacluneut, levy and sale, and horflestead
24. Reinstatement Period. Borrower's time to reinstate prov~clect in paragraph ! 8 shah extend to one hour
prior to thc commcnnement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
2S. Purchase Money Mortgage. ~fany of the debt secured by this Security Instrument is lent to Borrower
to acclu~ title to the Property, this Security Instrument shall be a purohasc money mortgage.
26. Interest Rate After Judgment. Borrower agrees that thc interest rate payable after a judgment is
entered on t~c Note or in an action of mortgage foreclosure shall be the cate payable from ti~e to time uz~der the
Note.
27. RMera to this Security Instrument. If one or more ri~ers arc executed by Sen'ewer and recorcled
together widz this Security ln~mm~ent, the covenants and agreements of each such rider shall be incoqx)rated into
and shall amend and supplement the covenants and agreements of this Security instrom, ent as if thc rider(s) were
a part of this Security Instnunent.
LOAN ID:0803§67031
ALNA FOIC%l ~0.~ ~Jo C~,~
[Check applicable box(es)]
Adjustable R~te Rider
[] Oradualed Payment Rider
[] Balloon Rider
[] Condominium Rider l-] I-4 Family Rider
[] Planned Unit Development Rider [] Biweekly Payment Rider
[] Rate Improvement Rider [] Second Home Rider
I-~ Others) [si~ci~/] ADDENDUN($)
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants conn..ned ~ this
Security Instruracnt and in any rider(s) executed by Bo~ower and recorded with it
(Seal)
(se~,l)
,(Seal)
LOAN ID:0803~67031
Al-NB
COMMONWEALTH OF PENNSYLVANIA, County ~: CO-~,~-e r {/i' ~. ~
On ~, ~e ~ ~y of ~ , befo~ me,
~e~d~ ~ ~ ~ (~ ~ ~ ~e ~i~ed a~cer, ~o~ly ~d
ha ~ ~ ~ ~ ~ ~O~ ~ me (or ~factofily pwv~)
s~ to ~ ~ ~ ~ ac~wl~
~t .~ ex~uted ~ ~e for ~e p~ ~m c~mi~d.
~ W~ESS WHE~OP, [ he~umo ~t my h~d ~d o~c~ ~E.
My Comm/ssion expires:
Title ot'Oflic~r
AFTER RECORDING RETURN TO:
SUPERIOR BANK FSB
O//i PAI/IAND ROAD
OP, A~GEBURG, NY 10962
ATT~: RECORDED DOCUHENTS DEPT.
IJ)/tN ID:0803§67031
EXHIBIT A
ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF LEYHONE IN THE COUNTY OF
CUHBERLAND ANO COHHONNEALTH OF PENNSYLVANIA, BEING OESCRIBEO AS FOLLONS: BEING THE
NESTERN HALF OF LOT NO. 92, SECTION C, PLAN NO. I OF RIVERTON, RECORDED IN DEEO BOOK
'~', VOLUHE 4, PAGE 40. BEING HORE FULLY DESCRIBEO IN A FEE SIHPLE OEEO DATED
01/07/Z997 ANO RECOROEO 01/21/1997, AHONG THE LAND RECOROS OF THE COUNTY ANO STATE
SET FORTH ABOVE, IN VOLUHE 157 PAGE 1066.
TAX PARCEL ID: 12-21-0265-2G0
ADDRESS: 432 BOSLER ST.
LEHOYNE, PA 17043
tour.;:, of Cum~¢:~andj.
R.~r.',rd:d it, the o'~re for the recording,
Catlike, PA th~s ' ""~a~ m off~of
~r~ "
ACCOUblT~:O803567031
ADDENDUM TO MORTGAGE/DEED OF TRUST/
TO E BT/ E TY DEED
This ADDENDUM TO MORTGAGE/DEED OF TRUST/DEED TO
SECURE DEBT/SECURITY DEED (also known as "Security Instrument") is made
this 6th day of JUNE , 2000 , and is incorporated into a~d
amends the Security Inslzument of the same date given by the undersigned (the
"Borrower") to secure Borrower's Note (the "Note") to
Allt&nce Funding, a Division o£ Superior Bank FSB
(the "Lender") of the same dare and covering the Proper~ described in the Security
Instzument and located at:
432 BOSLER AVENUE, LE~OYNE, PA 120~.3
( ?,ul~.,ly Address)
Irt addition to the covenants and agreements made in the Security Instrument.
Borrower and Lender further agree as follows:
The paragraph of the Security Insmunent entitled, "Application of
Borrower's Payments" or alternately "Application of Payments," is
deleted in its entirety and ~he application of payments is governed by the
Note.
Unless prohibited by applicable law, the paragraph of the Security Instrumem
entitled, "Acceleration; Remedies" or alternately "Lender's Rights if
Borrower Faib to Keep PromiSeS and Agreements," is supplemented by
adding the following provisions:
"Additionally. Lender may require immediate payment in full of the entire
amount remaining unpaid under the Note and this Security Instrument, if:
(1) On application of Lender. two or more insurance companies
licensed to do business in the State in which the Property is located, refuse
to issue policies insuring the buildings and improvements on the Property;
or
(2) Borrower fails to make any payment required by a senior
mortgage, deed of mist. deed to secure debt or other security instrument
encumbering or affecting the Property or fails m keep any other promise or
a~reement in arty senior mon~aga, deed of trust, deed to secure debt or other
security insmtment encumbering or affecting the ProperS; or
(3) Any representation made or infonnatinn given to Lender by
Borrower in connection with Bon'ower's application for the loan evidenced
by tbe Note is false or misleadiz~ in any material respect; or
(4) Borrower allows the Property to be used in connection with any
illegal activity."
~lCl~
MULTISTATE ADDENDUM TO IST/2ND ~a~)
3. For a loan secured by Iowa real property:
a. The following sentence is added to the end of the paragraph of the Security
Insu'ument entitled, 'Release' or alternately 'Redemption Period:'
"Borrower shall pay any recordation and/or o~cial costs in connection wi~
this mortgage."
b. Language is added to the Security lnsu'ument as follows:
"NOTICE TO BORROWER
I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES
PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM
JUDICIAL SALE; AND THAT BY SIGNFI~IG THIS MORTGAGE, 1
VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS
'MORTGAGED PROPERTY WITH RESPECT TO CLAIMS EASED UPON THIS
MORTGAGE."
4. The paragraph of ihe 5~curii,y [nslmment entitled, '"l'rausfer of the
Properly or a B~neflclal Interest in Borrower,' is amended by changing
the notice of default or acceleration to be at least 60 days if the loan is
secu~d by a secondary lien on real property in the State of Connecticut and
at least 35 days if the loan is secured by a lien on real propen'y in the State
of Oklahoma.
5. For a loan secured by Kansas real property, if the Securily Instrument is
Form 3017, the last sentence in the paragraph entitled, "Acceleration;
Remedies," is deleted and replaced with the following:
"Lender shall b~ entitled to collect all reasouable exponses inenrred ia
pur~ning the remedies prnvided in this parallraph, ineinding but not
limited to, reasanable attorneys' fees, to the extent allowed by applicable
law."
In addition, the paragraph entitled, "Attorneys' Fees," is deleted in its
entirety.
6. For a loan secured by Ohio real property, the following language is added
after the legal description sect/on of the Security Instrument:
"This mortgage is given upon the statutory condition. "Statutory Condition"
is defir~d in Section 5302.14 of the Revised Code and provides generally
that if Bon'ower pays the indebtedness and performs the other obligations
secured by this mortgage, pays all {axes and assessmenls, maintains insurance
against fire mod other I,-~,ds and does pot commit or permit waste, then this
mortgage will become null arid void."
LOAN IDii1:0803567031
PAGE 2 OF ~ A=i~(~ 0 AMGOI4B.USM
For a loan secured by South Carolina r~al property:
If the Security Instrument is Form 3041, fha second sentence of the
paragraph entitled, "Waivers," is deleted. If the Security Instrument is
Form 3841 the paragraph entitled, "Waiver of Right of AppraisaL" is
deleted.
The paragraph of thc Security Instrument entitled, 'Law That Governs Thb
Security Instrument/Mortgage" or alternately "Governing Law;
Severabllity," is amended by deleting the f'u'st sentence and ~placing it with
the following language:
'This Security Instrument shall be governed by federal law and, to the extem
not inconsistent with or more restrictive than federal law or regulation
guveming Lender, the laws of thc jurisdiction in which the Propen'y is
located."
If the Security Instrument is a second or junior priority Security Insmunent,
then a p~ungraph is ~dded to the Security Instrument as follows:
"WAIVER OF RiGHT TO INCREASE PRIOR MORTGAGE/DEED OF
TRUST. Borrower hereby vntives Bon'ower's rights if any, to increase any
senior deed of trnsx, mortgage or other security insm.unent on the Property
unde~ toy pmv~sion cont~:l therein guven~g op~onal futu~ adv=~ces,
and, to the exist pero~ted by law, waives Borrower's rights under any law
which provides For an incre~.se of said prior deed of trust, mortgage, deed to
secure debt or other security instrumenl to pay t'or repairs, improvements,
replacements, taxes, municipal liens, assessments or other charges on the
Property. If, notwitlmandmg the foregoing waiver, such ~unds are advanced
to or on behalf of Borrower, whether voluntarily or involuntarily, Borrower
agrees that Lender, at its option, may accelerate the indebtedness secured
hereby."
lO.
A provision is added to the Security InsWument as follows:
"Borrower hereby acknowledges receipt, without charge, of a true copy of
the Sectuity Instrument."
Escrow Waiver []
If thc box ~oovc has been checked, Lender waives thc rcquirement for
Borrower to make payment to Lender for the escrow items referz~d to in the
paragraph of the Security Insmmzent entitled, "Funds/Monthly Payments
for Taxes and Insurance." Borrower shall pay these obligations on time
d~rectly to the person owed payment. Bom)wet shall promptly furnish to
Lender al! notices of amounts to ~e paid under this paragraph, and receipts
evidencing such payment.
LOAN I1~:0803§67031
Unless otherwise prohibited by applicable law, Lender reserves the right to
require Borrower to make payment to Lender for the escrow items referred
to in the paragraph of the Security Inslrurnent entitled, "Funds/Monthly
Payments for 'Fixes and Insurance," if Borrower defaults in the payment
of such escrow items and such default is not cured within the time set forth
in any notice sent to Borrower by Lender. Lender reserves such right even
though Lender did not establish such escrow account as a condition to
closing the loan. If Lender requires Borrower to make payments to Lender
as provided herein, the provisions of the paragraph of the Security
lmlrument entitled, "Funds/Monthly Payments for Tiles anti Insurance"
will bc in full forcz and effect.
12.
A para~'aph is added to the Security Insert/men! as follows:
"FORCE PLACED INSURANCE. Unless otherwise proh~ited by
applicable law, if Borrower docs not provide Lender with evidence of
insurance coverage (for any type of insurance that is required by Lender),
Lender amy purchase insurance itt Borrower's expense to protect Lender's
interests in Borrower's Property. This insurance may, but need not, protect
Borrower's interests. The coverage flint Lender purchases may not pay any
claim that BorTower makes oF any claim that is made against Borrower in
connection with the Property. Borrower may later cancel any irLsurancc
purchased by Lender, but only after providing Lender with evidence that
Borrower has obtained the required insurance. If Lender purchases insurance
for the Property, Borrower will be responsible for thc costs of that insurance,
including the insurance premium, interest at the rate provided by the terms
of ~e Note and any othcF charges dmt thc Lender or the insurer may impose
in cormection with thc placement of thc insurance (for example, a fee from
the carrier for processing the force placed insurance), until the effective date
of the cancellation or expiration of the insurance. The costs of the insurencc
may be added to Borrower's total outstanding balance and secured by ~his
Security Instrument. The costs may be more than thc cost of insurance that
Borrower may be able to obtain directly because Lender will be purchasing
insurance under a general policy that does not consider Borrower's individual
insurance situation.'*
13.
MUL'HSTAT~ ADDENDUM TO I~I't2ND ~
A paragraph is ~clded to the Security Ir, smunem u follows:
"Verification or rever/ficstion of thc Property's valuation or any other
information normally containgd in an a~l~a~l may be required as pa~ of
Lenders's ongoing quality cmflrol procedures. Borrower agrees to cooperate
fully with Lender and/or its agents, successors or assigns in obtaining and
compictinff a full appraisalin gtc future at Lender's sole op~on and expense.*
LOAN ll~: 0803567031
PAGF. 4 OF ~ A~CQ AMGOI48, USM
14.
[f an Adjustable Ratc Rider is cxccuted in conjunction wi~ thc Security
[nsU-umem, such rider is amended by: a) deleting the section entitled,
"Transfer of the Property or a Beneficial Interest in Borrower" and b)
adding to the section entitled, "Interest Rate and Monthly Payment
Changes" (D) "Limits on [nteresl Rate Changes," the following language:
"My interest rate will never be less than 10. 750 %."
15. If the Security Insmnnent is assigned or transferred, all or a potion of this
Addendum may be voided at the option of the assignee or Uansfetee. Any
terms and provisions of this Addendum which are voided will be governed
by the origi~l ternu of the Security Instrument.
MULTISTATE ADDENDUM TO IST/2ND
FNMA/FHLMC SECURITY INSTRUM~tr
SUPERIOR (a/30~) - SHORT FORM
LOAN 1[0#: 0803567031_
PAGE 5 OF 5 A~CR AMDOI4B.USM
ACCOUNT#: 0803567031
ADJUSTABLE RATE RIDER
(LIBOR 6 Month Index (As Published in Tke Wall Street Journal) - Rate Caps)
THIS ADJUSTABLE RATE RIDER is made this 6 ch day of JUNE ,
2000 , and is incorporated into and sha[l be deemed to amend and supplement the Mortgage,
Deed of Trust or Security Deed (the 'Security Instrument") of the same date given by the
undersigned (the "Borrower") ~ secure Borrower's Adjustable Rate Note (the "Note") to
Alliance Funding, a Division of Superior Bank FSB
(the "Lender") of the same date and covering the property deic~bed in the Secmity Inslrurnent
and located at:
632 BOSLER AVENUE, LEIiOYN'E, PA 17043
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES
IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE
NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE
C,s~N CHANGE AT &NY ONE ~ AND THE MAXIMIIM RATE
TIH!i BORROWER MUST PAY.
ADDITIONAL COV~NANT~. In addition to the covenants and agreements made in the
Security Instrument, Borrower and Lender further covenant and agree as follows:
INTEREST RATE AND MONTHLY PAYMENT CHANGES
The Note provides fur an initial int~rest rate of 11.750 %. The Note provides
for changes in the interest rate and the monthly payments as follows:
4. INFER.EST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The int~west rate I will pay may change on the first day of J'ULY , 2002
and on that day every 6 month thereafter. Each date on which my interest rate could
change is called a "Change Date." (B) The l~dex
Beginning with the ~ Change Date, my inter,st rate will be based on an Index. The
"Index" is the average of interbank offered rates for 6 month U.S. dollar-denominated deposits
in the London market ("LIBOR'), as poblisl~ed in The P/all Street Journal. The most recent
Index figure available as of the first business day of the month immediately preceding the month
in which the Clum~e Date occurs is called ~he 'Cun'ent Index".
If the Index is no longer available, the Note Holder will choose a new index that is based
upon comparable infonnatiot~ The Note Holder will give me notice of this choice.
520
(C) Clleulntfon of Changes
Before each Change Date, thc Note Holder wil~ calculate my new imcrest rate by
adding SIX AND 25/100 pereenragepoints( 6.250 %) to the Current
Index. Thc Note Holder will then round the result of this addition to the nearest o~e-eighth ofone
p~rcentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded
amount will be my new i~at rate until the next Change Date.
The Note Holder w/il then determine the amount of the monthly payment that would be
sufficient to repay the unpaid principal ~ I am expected to owe at the Change Date in full on
the Maturity Date at my new interest rate in subs~ntially equal payments. The result of this
calculation w/Il be the v. ew amount of m~' money payt,,at.
(D) Llmi~ on Interest irate Chang~
The interest rate I am requi~d to pay at the first Change Date will not be greater than
1/*. 750 % or less than 10. 750 %. Thereafter. my interest rate will nev~ be
increased or decreased on any ,~inglg Change Date by more than O~IE AND blO/l.00
percentage point(s) ( 1. 000 %) from the rate of interest [ have been paying for the
preceding 6 months. My interest rate will never be greater th~m 17. 750 %.
(E) Effmive Dnte of Cheng~s
My new interest rate will become efl'~tive on each Change Date. I will pay the amount
of my r~w monthly payment beginning on the fu~t monthly payment date at, er the Change Date
until the amount of my monthly payment changes again. (lq Notiea o! Chs~g~s
The Note Holder will deliver or mail to me a not/ce of uny changes in my interest rate
and the amount of my monthly payment befor~ the effective date of any change. The notice will
include information required by law to be ~iven me and also the telephone number of a parson
who will answer any question I may have regarding the notice.
[CONTINUED ON PAGE 3]
BY SIGNING BELOW, Bon'ower accepts and ag~es to the t~ms and covenants contained in thi~
Adjustable Rate R~der.
(Se, al)
(S~I)
fkm, owcr
($etJ) .
PLEASE RECORD AII'D RETURN TO:
SUPERIOR BANII FSB
ONE RAMLAND ROAD
ORAIIGEBUR. G, NY '1.096~.
ATTN: RECORDED DOG'UHElqTS DEPT.
LOAI~ ID:0803567031
Yot~r failure to comply with these procedures will be considered a violation of our written instructions under
this loan closing agreement.
Note: Refer to page 3 of these instructions for "Special Conditions" of loan closing.
I hereby acknowledge receipt of these special instructions and agree to be bound by the terms herein.
Authorization of changes:
Verbal authorization of the following changes were made by
office.
of the above stated
LOAN ID:0803567031
CLOSING INSTRUCTIONS (2~2~/99) PAGE 4 OF ~ RKDT CD216MA.USM
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
September 18, 2001
MARY A. PASS
432 BOSLER AVENUE
LEMOYNE, PA 17043
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN
AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF
YOU 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 mortgage on your home is in default and the lender intends to foreclose.
Sueeific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save
your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the
Counseling A~enev.
The name. address and rhone number of Consumer Credit Couuselin~ Aecncics serving your County are
listed at the end of this Notice. If you have any questions, you may call the Penns¥1vani~ Housing Finance,
Aeencv toll free at 1-800- 342-2397. (Persons with 'h~i~aired hearin~g can call {?17) 780-1869).
This notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADA ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDA SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER
CURRENT LENDER/SERVICER:
STATEMENTS OF POLICY MARY A. PASS
432 BOSLER AVENUE, LEMOYNE, PA 17043
0803567031
ALLIANCE FUNDING, A DMSION OF SUPERIOR
BANK FSB
LA SALLE BANK NATIONAL ASSOC., C/O SUPERIOR
BANK FSB
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSIFRE AND HELP YOU MAKE FUTURE MORTGAGE
PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 CrHE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY
MORTGAGE ASSISTANCE.
· IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS AND
· IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARy STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of
foreclosure on you mortgage for thlr~y (30) days from the date of this Notice. During that time you must
arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the
end of this Notice. 'THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO
NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR
MORTGAGE UP TO DATE, THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSRI JNG AGENCIES -If you meet with one of the consumer credit
counselin~ ~oencies listed at the end of this notice the lendcr may NOT take action a~inst you for thinw
(30) days after the date of this meeting. The names, addresses and telenhonc numbers of desienated
qOnp~¥~me~' credit co~m~lino a~encies for the county in which the orooertv is located are set forth at the end
of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately
of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth
later in thi.~ Notice (see following pages for specific information about the nature of your default). If you
have tried and are unable to resolve this problem with the lender, you have the right to apply for financial
assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out
sign and file a completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of thi.~ Notice. Only consumer credit
counseling agencies have applications for the program and they will assist you in submitting a co,~,lete
application to the Penn-~ylvania Housing Finance Agency. Your application MUST be filed or poslmarked
within thilOf (30) days of your face=to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO
NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME nV[MEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision aider it receives your apphcation. During that time,
no foreclosure proceedings will be pursued agaiust 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 ARE CURRENTLY PROTECTED BY Tm FILING
OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT
TO COLLECT THE DEBT
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~ it un to date)
NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located
at: 432 BOSLER AVENUE, LEMOYNE, PA 17043 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: 7/1/01 thru 9/1/01 at $$$5.18 per month.
Monthly Payments Plus Late Charges Accrued:
Attomey fee:
Taxes:
NSF:
Property Inspection:
Insurance:
Other:
(Suspense)
TOTAL AMOUNT TO CURE DEFAULT
$1,776.58
$50.0O
$0.00
$45.00
$0.00
$836.49
$22.85
($0.00)
$2,730.92
Bo
YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not aonlicable]:
N/A
HOW TO CURE THE DEFAULT- You may cure the default within TI{IRTY (30) DAYS of the date of
this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,730.92
PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING
THE THIRTY (30) DAY PERIOD. Payment must be made either by cashier's check, certified check or
money order made payable and sent to: SUPERIOR BANK, FSB, ONE RAMLAND ROAD,
ORANGEBURG, NY 10962, ATTN: GEORGE CHABLIS.
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of
this letter. (Do not use if not applicable) N/A.
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its rights to accelerate the murt~a~,e debt. This means
that the entire outstanding balance of thi~ debt will be considered due immediately and you may lose the
chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not
made within TI"I]RTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to
foreclosure upon your mortoa~,e orooertv.
IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay
off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the
lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees
that were actually incurred, up to $$0.00. However, if legal proceeAings are started agsin.~t you, you will
have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any
attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. I_f
you cure the d~f~llt within the THIRTY (30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default
within the THI:~TY (30) DAY period and foreclosure proceetlln~os have begun, you still have the rii,.ht to
cure the a_ef'Ault and prevent the sale at any time up_ to one hour before the Sheriff's Sale. You may do so by
l~avin~ the total amount then oast due. olus any late or other charies then due, reasonable attorney's fees
~nd costs cnnneeted with the foreclosure sale and any other costs connected with the Sheriff's Sale as
specified in wrlgn(, by the !~.n,t~.r and bv _De~ormin~y any other requirements under the mortgage. Curing
your default in the manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
EARl.IF. ST POSSIBLE SHERIFF'S SALE DATE- It is estimated that thc earliest date that such a Sheriff's
Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of
this Notice. A notice of thc 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 ~e 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) 4S1-1093
CONTACT PERSON: GEORGE CHABLIS EXT. 4128
EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGE- You __ may or _ XX may not (check one) sell or transfer your
home to a buyer or t~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 thc 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 INsTrrUTION 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 ASSBRT 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 BANKR~T~ LAW.
CONSUMER CKEDrr COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED.
Very frei_ y yours,
A~SFORNEY FOR LENDER
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
This is an attempt to collect a debt and any infoxrrtation obtained will be used for
the purpose.
Unless you dispute the validity of this debt, or any portion thereof, within thirty
(30) days after receipt of this notice, the debt will be assumed to be valid by our
offices.
If you notify our offices in writing within thirty (30) days of receipt of this notice
that the debt, or any portion thereof, is disputed, our offices will provide you with
verification of the debt or copy of the judgraent against you, and a copy of such
verification or judgment will be mailed to you by our offices.
If you notify our offices in writing within thirty (30) days of receipt of this notice,
our offices will provide you with the name and address of the original creditor, if
different from the current creditor.
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
CUMBERLAND COUNTY
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
N. 6~ Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
Community Action Corem of the Capital
Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FAX (717) 234-2227
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
YMCA of Carlisle
301 G Street
Carlisle, PA .17013
(717) 243-3818
FAX (717) 731-9589
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
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 true and correct to the best of his/her information, knowledge and belief and
understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A.
Section 4904, relating to unswom falsification to authorities.
LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN
ID# 55669
1310 INDUSTRIAL BOULEVARD
1sT FLOOR SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
LASALLE BANK NATIONAL
ASSOCIATION AS INDENTURE
TRUSTEE UNDER THE INDENTURE
DATED AS OF 6/1/00, SERIES 2000-2
PLAINTIFF
VS.
MARY A. PASS
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-388
COMPLAINT IN
MORTGAGE FORECLOSURE
PRAECIPE TO REINSTATE COMPLAINT
TO THE COURT:
Kindly Reinstate the Complaint in Mortgage Foreclosure for an
Additional thirty (30) days.
Dated: March 19, 2002
BY:
~l~e~/ Jajq~dian, Esquire
10.azhduj~rial Boulevard
Floor, ~ite 101
SouthamI~on, PA 18966
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-00388 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LASALLE BANK NATIONAL ASSOCIAT
VS
PASS MARY A
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
PASS MARY A
but was unable to locate Her
deputized the sheriff of DAUPHIN
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On April 19th , 2002 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Dauphin Co
18.00
9.00
10.00
29.25
.00
66.25
04/19/2002
GREGORY JAVARDIAN
So answers--~-'~ /~_ j/--'~"~
R. Thomas K~ine /
Sheriff of Cumberland County
Sworn and subscribed to before me
this 2~~ day of~
A.D.
-P'rothonoffa~y
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
AND NOW:April 1, 2002
COMPLAINT
PASS M~_RY A
to HER
of the original
: LASALLE BANK
: PASS MARY A
Sheriff's Return
No. 0742-T - -2002
OTHER COUNTY NO. 02-388
at
3:40PM served the within
upon
by personally handing
1 true attested copy(les)
COMPLAINT and making known
to him/her the contents thereof at DAUPHIN COUNTY SHERIFF'S OFFICE, RM. 104
FRONT & MARKET STREETS
HARRISBURG, PA 17101-0000
Sworn and subscribed to
before me this llTH day f~APRIL, 2002
PROTHONOTARY
So Answers,
Sheriff's Costs:S29.25 PD 0~/28/2002
RCPT NO 162175
REDMOND
o InsThe Court of Common Pleas of Cumberland County, Pennsylvania
Lasalle Bank
VS.
Mary A. Pass
SERVE: sa~e NO. 02 388 civil
NOW, MarCh ~26, 2002 , , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriffof Curaberland Couaty, PA
Affidavit of Service
Now, ,20__, at o'clock __ M. served the
within
upon
by handing to
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this __ day of ., 20
Sheriff of County, PA
COSTS
SERVICE
MIl .EAGE
AFFIDAVIT
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDL~N, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
IST FLOOR, SUITE 101
S~ON, PA 18966
(215) 942-9690
LASALLE BANK NATIONAL
ASSOCIATION AS INDENTURE
TRUSTEE UNDER THE INDENTURE
DATED AS OF 6/1/2000 SERIES 2000-2
ONE RAMLAND ROAD
ORANGEBURG, NY 10962
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-358 CIVIL TERM
VS.
MARY A. PASS
14 S. UNION STREET, APT. 2
MIDDLETOWN, PA 17057-1456
PRAgCIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiffand against MARY A. PASS, Defendant, for
failure to file an Answer to Plaintiffs Co~o]aint within 20 days from service thereof and for
foreclosure and sale of tho mortgaged premises, and assess Plaintiffs damages as follows:
As Set forth in Complaint
Interest
12/15/01 to 5/17/02
TOTAL
$65,888.33
2.694.33
$68,582.66
I hereby certify that (1) the aad,~-~ses of the plaintiff and Defendant(s) are as shown
above, and (2) that notice has been given in accordance with Rule 237.1, copy attached.
Attorney for~aintiff
LASAI J.~ BANK NATIONAL
In The Court of Common Pleas
ASSOCIATION AS INDENTURE TRUSTEE
UNDER TI-~ INDENTURE DATED AS OF
6/1/00 SERIES 2000-2
Plaintiff
MARY A. PASS
Defendants
Cumberland County
No. 02-388 CIVIL TERM
TO:
MARY A. PASS
432 BOSLER AVENUE
LEMOYNE, PA 17043
DATE OF NOTICE: 5/3/02
MARY A. PASS
14 S. UNION STREET, APT. 2
MIDDLETOWN, PA 17057
NOTICE, RULE 237.1
IMPORTANT NOTICE
You are in default because you have failed to enter a written appearance personally or by
attorney and file in writing with the court your defenses or objections to the claims se forth
against you. Unless you act within ten (10) days from the date of this notice, a judgment may be
entered against you without a hearing and you may lose your property or other important rights.
You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford
one, go to or telephone the following office to find out where you can get legal help.
Cumberland County Bar Association
Lawyer Reference Service
2 Liberty Avenue
Carlisle, PA 17013/~
(800) 990-9108~J~_~ -__ ~
(717) 249-3166 ~/7-f~
Gregory Javardian, Esquire
1310 Industrial Boulevard
ist Floor, Suite 101
Southampton, PA 18966
(215) 942-9690
Attorney for Plaintiff
Usted se encuentra en estado de rebeldia por no haber tornado la accion requlida de su pane en
este caso. Al no romar la accion debida dentro de un termino de diez (10) dias de esta
notificacion, el tribunal podra, sin necesidad de compararecer usted en corte o escuchar prueba
alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes.
Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, o si no
tiene dinero suficiente para tal servicio, vaya en persona o llame por telpfono a la oficina, cuya
direccion se encuentra escrita aba jo para averiguar donde se puede conseguir assistencia legal.
"NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
THIS IS AN ATTEMP7'' TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE"
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
LASALLE BANK NATIONAL
ASSOCIATION AS INDENTURE
TRUSTEE UNDER THE IND~
DATED AS OF 6/1/2000 SERIES 2000-2
VS.
MARY A. PASS
COURT OF COMMON PLEAS
CUMBE~ COUNTY
No.: 02-388 CIVIL TERM
~'~cn, z ~OR wRrr O~ ~.X~CaJTION
MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly issue Writ of Execution in thc above matter.
Amount Duc
Interest ~om 5/17/02 to Date of Sale ~ $11.27 p~r diem
Subtotal
(Costs to be added)
$68,582.66
1310 Industrial Boulevard
1st Floor, Suite 101
Southampton, PA 18966
(215) 942-9690
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyae, Cumberland
County, Pennsylvania, bounded and described in accordance with a survey and plan made by
Gerrit J. Betz, Registered Surveyor, da~ed May 3, 1974 as follows:
BEGINNING at a hub on the southern side of Bosler Avenue (80 feet wide) at the comer of
lands now or late of Austin M. Hoff~an; being Lot No. 91 and House No. 436, said point being
measured along the said side of Bosler Avenue 109.5 feet east oftbe southeast comer of Bosler
Avenue and Fifth Street; thence exter, dlng ~om said poim of beginning and along lands now or
late ofAustin M. Hoffinan, South 30 degrees 30 minutes East the distance of 150 feet to a hub
on the north side ofApple AHey (15 feet wide), thence along the said side of Apple Alley, north
59 degrees 30 minutes cast the distance of 17.50 feet to a p.k. nail at the corner of lands nor or
late ofLeRoy W. Dunkelberger, being the remainder of Lot No. 92 and House No. 430; thence
through the comer line of a partition wall between House Nos. 432 and 430, north 30 degrees 30
minutes west the distance of 150 feet to a drill hole on the south side of Bosler Avenue; thence
along the south side of Bosler Avenue, south 59 degrees 30 minutes west, the distance of 17.50
feet to a point, the place of BEGINNING.
BEING the western half of Lot No. 92, Section C, Plan No. 1 of Riverton, recorded in Deed
Book "J", Volun~ 4, Page 40.
BEING known as No. 432 Bosler Avenue, Lemoyne, Pennsylvania.
PARCEL No. 12-21-0265-260.
BEING the same premiss which Cassandra J. Daneau, Jacquelynn S. Madigan, formerly
Jacquelynn S. Nilles, Carol L. Seidelman and Nenette M. Lock, Partners trading and doing
business as JANANCA Associates, by Deed dated January 7, 1997 and recorded May 21, 1997
in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed
Book 157, Page 1066 granted and conveyed unto Mary A. Pass, single woman.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO02-388 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF Cumberland COUNTY:
To satisfy the debt, interest and costs due LASALLE BANK NATIONAL ASSOCIATION AS
INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 6/1/2000 SERIES 2000-2
PLANTIFF(S)
From MARY A PASS 432 BOSLER AVENUE, LEMOYNE, PA 17043
(1) You are directed to levy upon the property of the defendant(s) and to sell REAL PROPERTY OF
DEFENDANT - 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/are enjoined
from paying any debt to or for the account of the defendant (s) and from delivering any property of the
defendant (s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Dues 68,582.66 L.L.$0.50
Interest 5/17/02 TO DATE OF SALE ~$11.27 PER DIEM Due Prothy $1.00
Atty's Comm % Other Costs
Atty Paid $182.29
Plaintiff Paid
Date: MAY 22, 2002
CURTIS R. LONG
Prothonotary, Civil Division
/ !
REQUESTING PARTY:
Name: GREGORY JAVARDIAN ESQUIRE
Address: 1310 INDUSTRIAL BOULEVARD 1FL STE 101
SOUTHAMPTON PA 18966
· Attorney for: PLFF
Telephone: 215942-9690
Supreme Court ID No. 55669
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTII,{CATION NO. 5566~
t310 INDUSTRIAL BOULEVARD
I9T FLOOR, SUITE 101
SOUTHAIVlPTON, PA 18~66
(21~) 9~2-969~
LASALLE BANK NATIONAL
ASSOCIATION AS INDENTURE
TRUSTEE UNDER THE INDENTURE
DATED AS OF 6/1/2000 SERIES 2000-2
MARY A. PASS
COURT OF COMMON PLEAS
CUIVlBERLAND COUNTY
No.: 02-388 CIVIL TERM
V-ZmtnCA ON NON-MtUTAI ¥ SEaVlC -
GREGORY JAVARDIAN, ESQUIRE, hereby verifies that he is attorney for the
Plainti'~in the above-captioned matter, and that on information and heliet~ he has knowledge of the
following facts, to wit:
(a) Defendant, MARY A. PASS, is not in the Military or Naval Service ofthe 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) Def~4~nto MARY A. PASS, is over 18 years of age, and resides at 14 S. UNION
STREET, APT. 2, MIDDLETOWN, PA 17057-1456.
(c) Plaintiff, LASALLE BANK NATIONAL ASSOCIATION AS INDENTURE
TRUSTEE UNDER THE INDENTURE DATED AS OF 6/1/2000 SERIES 2000-2, is an institution
conducing business under the Laws of the Co~m~onwealth of Pen~lvanin with an address of ONE
RAMLAND ROAD, ORANGEBURG, NY 10962.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 rehting to
unswom fnls/fication to authorities.
LASALLE BANK NATIONAL
ASSOCIATION AS INDENTURE TRUSTEE
UNDER THE INDENTURE DATED AS OF
6/1/2000 SERIES 20002
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-388 CIVIL TERM
MARY A. PASS
AFFIDAVIT PURSUANT TO RULE 3129.1
Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution
was filed the lbllowing information concerning the real property located at 432 BOSLER AVENUE,
LEMOYNE. PA 17043:
1. Name and address of Owner(s) or t~utcd Owner(s):
Last Known Address (if address e, an~t be
reasonably ascertained, please indicate)
MARY A. PASS
14 S. UNION STREET, APT. 2
MIDDLETOWN, PA 1705% 1456
2. Name and address of Defendant(s) in the.judgment:
MARY A. PASS 14 S. UNION STREET, APT. 2
MIDDLETOWN, PA 17057-1456
3. Name and last known address ofevery juchgnmnt 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)
Nolle.
4. Name and address of last recorded holder of~very mortgage of record:
Name Last Known Addrr~s (ffaddress catmot be
reasonably ascertained, please indicate)
Plainti~.
5. Name and address of every other person who has any record lien on the property:
Name Ia)st Known Address (if address cannot be
reasonably asce~jn~, please indicate)
None.
6. Name and address of every other person who has any record imerest in the property and whose
inte~ost may be affected by the sale.
Name
Cumberland County Domestic Relations
C~mh~rland County Tax Claim Bureau
Dept. of Public Assistance
Last Known Address (if address cannot he
reasonably ascertah~ plebe ~dicate)
13 N. Hanover Street
Carlisle, PA 17013
1 Court,use Square
Carlisle, PA 17013-3387
33 We~infinster Drive, P.O. Box 599
Carlisle, PA 17013-0599
7. Name and address of every other person of whom the plaintiffhas knowledge who bas 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 432 BOSLER AVENUE
LEMOYNE, PA 17043
I verify that the statcmems made in this affidavit are true and correct to the best of my
knowledge, information and belief. I understand that talk staten~nts herein are subject to the
penalties of 18 Pa. C.S.A. 4904 relating to unswom fshiiication to authorities.
May 17, 2002 ,~tomey fo~i.ff~
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
XDL:rNTIFiCATION NO. 55669
1310 INDUSTRIAL BOULEVARD
IST FLOOR, SUIT~ 101
SOUTHAMPTON, PA 18966
(2!~) 942-~69o
LASALLE BANK NATIONAL
ASSOCIATION AS INDENTURE
TRUSTEE UNDER THE INDENTURE
DATED AS OF 6/1/2000 SERIES 2000-2
MARY A. PASS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-388 CIVIL TERM
Act 91 complied with
CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY
As TO ~Z S~L~. Ot~ m~6~ ZS~A~
I ~ ~ ~ I ~ ~ ~o~ for ~ P~h ~ Mo~e Fo~ A~n
( ) F~
( ) T~ ~up~
( ) V~
( ) ~c~
() ~ a~of~ ~~
/,Attorney for~intiff
LAW OffICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQLqRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
IST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
LASALLE BANK NATIONAL
ASSOCIATION AS INDENTURE TRUSTEE
UNDER THE INDENTURE DATED AS OF
6/1/2000 SERIES 2000-2
VS*
COURT OF COMMON PLEAS
CUbiBERLAND COUNTY
No.: 02-388 CIVIL TERM
MARY A. PASS
N,OTICE, OF,SItERIFF',S SALE OF REAL PROPERTY
TO:
MARY A. PASS
14S. UNION STREET, APT. 2
MIDDLETOWN, PA 1705%1456
Your house (real estate) at 432 BOSLER AVENUE. LEMOYNE. PA 17043, is scheduled to
be sold at Sheriffs Sale on SEffI~MBER 4, 2002 at 10:00 A.M., in the Cumberland County
Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $6~,582.66,
obtained by LASAI.LE BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE
UNDER THE INDENTURE DATED AS OF 6/1/2000 SERIES 2000-2, against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFFS SALF.
To prevent this Sheriffs Sale, you must take immediate action:
L The sale will be cancelled if you payto the mortgagee the bock payments, late el~rges,
costs and reasonable attorn~s fees due. To find out how much you must pay, you may call: (215)
2. You may be able to stop the sale by filing a petition asking the Court to str~e or open the
judgment, ifthe judgment was improperly entered. You rmy 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 STtLI~ BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN ~F THE SHERI~S SALE,DOES ,TAKE p]~ACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to th~ highest bidder. You
may find out the price bid by calling (215) 942-9690.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value ofyour property.
3. The sate will go through only if thc buyer pays thc She~hTthe full amount due in the sale.
To find out ifthia has happened, you may call Gregory Javardlan: Esqttire at (215) 942-9690,
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
5. You have the right to remain in the property umil the full amount due ia pakl to the Sher~
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proeeed~gs to
evict you.
6. You may be ~n~titled to a share ofthe money which was paid for your honse. Aschedule
of disUflmfion of the money bid for your house will be filed by the SheritE This schedule will state
units exceptions (reasons why the proposed distn'bution ia wrong) are filed with the Sheriff within
ten (10) days.
7. You may also have other rights and defenses, or ways of getting your home back, if you
act immediately at, er the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFgORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
(~}0) 990..9108
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyue, Cumberland
County, Pennsylvania, bounded and described in accordance with a survey and plan made by
Gerrit J. Betz, Registered Surveyor, dated May 3, 1974 as follows:
BEGINNING at a hub on the southern side of Bosler Avenue (80 feet wide) at the corner of
lands now or late of Austin M. Hol~,,an~ being Lot No. 91 ~ House No. 436, said point being
measured along the said skle of Bosler Avenue 109.5 feet east of the southeast corner of Bosler
Avenue and Fifl. h Street; thence exter~llng from said point of beginning and along lands now or
late of Austin M. Hoffman~ South 30 degrees 30 minutes East the distance of 150 feet to a hub
on the north side of Apple Alley (15 feet wide), thence along the said side of Apple Alley, north
59 degrees 30 minutes cast the distance of 17.50 feet to a p.k. nail at the corner oflanfls nor or
late of LeRoy W. Dunkelberger, being the remainder of LOt No. 92 and House No. 430; thence
through the comer line ofa partitfon wall between House Nos. 432 and 430, north 30 degrees 30
minutes west the distance of 150 feet to a drill hole on the south side of Bosler Avenue; thence
along the south side of Bosler Avenue, south 59 degrees 30 minutes west, the distance of 17.50
feet to a point, the place of BEGINNING.
BEING the western half of LOt No. 92, Section C, Plan No. 1 of Riverton, recorded in Deed
Book "J", Volume 4, Page 40.
BEING known as No. 432 Bosier Avenue, Lemoyno, Pennsylvania.
PARCEL No. 12-21-0265-260.
BEING the same premises which Cassandra J. Daneau, Jacquelynn S. Madigan, formerly
Jacquelynn S. Nilles, Carol L. Seidelman and Nanette M. Lock, Partners trading and doing
business as JANANCA Associates, by Deed dated January 7, 1997 and recorded May 21, 1997
in the Office of the Recorder of Deeds, in and for C~rmherland County, Pennsylvania in Deed
Book 157, Page 1066 granted and conveyed unto Mary A. Pass, single woman.
LAW OFFICES OF GREGORY
JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTBFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1sT FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
LASALLE BANK NATIONAL
ASSOCIATION AS INDENTURE
TRUSTEE UNDER THE INDENTURE
DATED AS OF 6/1/2000 SERIES 2000-2
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-388 CIVIL TERM
MARY A. PASS
MOTION FOR ALTERNATIVE SERVICE PURSUANT
TO PENNSYLVANIA R.C.P. 430
TO THE HONORABLE JUDGES OF SAID COURT:
AND NOW, comes Plaintiff, by its attorney, Gregory Javardian, Esquire and moves this
Honorable Court to permit Plaintiff to obtain Alternative Service and seek an Order permitting
service to be effectuated upon the Defendant, MARY A. PASS, by posting a copy of the Notice
of Sheriff's Sale and all subsequent pleadings upon the property located at 432 BOSLER
AVENUE, LEMOYNE, PA 17043, and by regular and certified mail pursuant to Pennsylvania
Rule of Civil Procedure 430 and avers support thereof:
1. Plaintiff filed a Civil Action Complaint against Defendants on January 23, 2002.
2. The Defendants are the owners and mortgagors of the property 432 BOSLER AVENUE,
LEMOYNE, PA 17043.
3. Plaintiff, LASALLE BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE
UNDER THE INDENTURE DATED AS OF 6/1/2000 SERIES 2000-2, is the Mortgagee
on said property.
4. Plaintiff has attempted to effectuate service of the Notice of Sheriff's Sale pursuant to
Pennsylvania Rule of Civil Procedure 430 upon the Defendant, MARY A. PASS at the
Defendant's last known addresses.
5. Copies of the Certified Mail returned signed by someone other than the Defendant is
attached and made apart hereof.
6. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith
effort to locate the Defendant including the following:
A. A process server contacted Directory Assistance and found a listing at
their last known address of 14 S. Union Street, Apt. 2, Middletown,
PA 17057.
B. See Postmaster Letters returns.
C. All addresses given have been attempted for service for the Notice of
Sheriff's Sale upon the Defendants.
7. Pennsylvania Rule of Civil Procedures 430 permits service of process in Mortgage
Foreclosure Actions by regular and certified mail to Defendants' last known address.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order
permitting service upon said Defendants, MARY A. PASS, by posting a copy of the Notice of
Sheriff's Sale and all subsequent pleadings on the property known as 432 BOSLER AVENUE,
LEMOYNE, PA 17043, and by regular and certified mail, return receipt requested.
Law Offices of Gregory Javardian
ID# 55669
LARRY DEL VECCHIO
PROCESS SERVER FOR
GREGORY JAVARDIAN, ESQUIRE
P.O. BOX 3221
WAKMINISTER, PA 19874
(215) 442-5668
(215) 442-9727 FAX
LaSalle Bank National Association as Indenture :
Trustee et al :
VS. :
MARY A. PASS :
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-388-CIVIL
LAST KNOWN ADDRESS: 14 S. Union Street, Apt. 2, Middletown, PA 17057
AFFIDAVIT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT (S}
I hereby certify that on July 31, 2002, a good faith effort was made to discover the correct address of
said defendant (s), by:
Inquiry of Postal authority;
Postal authority states defendant has not filed a change of address from last known, 14 S.
Union St., Apt. 2.
2. Examination of local telephone directories and 411 assistance;
Mary A. Pass, 14 S. Union St., (717) 944-1163, Iefl messages with no response.
3, Neighbor Contacts:
Joyce Sipe, 14 S. Union St., (717) 944-2699, no answer, several attempts.
4. Tax Information:
Tax office has mailing address same as property, 432 Bosler Ave.
5. Death Records:
Social Security has no death record for the defendant under her name.
Voter Registration:
The defendant lsn t registered m Cumber and County, but ~s registered at forwarding address
in Dauphin Co, 14 S. Union St., Apt. 2.
I certify that this information is true and correct to the best of my knowledg~,?nformation and beliefi
BY:
Larry Del Vecchio, Process Server
NOTARY PUBLIC:
Sworn to and describedm ~
before me this ~.j~]~.~ day
NOTARIAL SEAL
MARYANN LEVENTHAL, Notary Pubtic I
Upper Southampton Twp.. Bucks Count|
LaSalle Bank National Association as
Indenture Trustee Under the Indenture
Dated as of 6/1/2000 series 2000-2
VS
Mary A. Pass
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2002-388 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendant, to wit: Mary A. Pass,
but was unable to locate her in his bailiwick. He therefore deputized the Sheriffof
Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice and
Description in the above entitled action, according to law.
DAUPHIN COUNTY RETURN; I, Jack Lotwick, Sheriff of the County of
Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search
and inquiry for Mary A. Pass the defendant named in the within Real Estate Writ, Notice
& Description and that I am unable to find her in the County of Dauphin, and therefore
return same NOT FOUND, July 23, 2002. Defendant never responded to cards at her
door. So answers, J.R. Lotwick, Sheriff of Dauphin County, PA.
Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states
that on July 8, 2002 at 3:35 o'clock P.M., he posted a tree copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Mary A. Pass located at 432 Bosler Ave., Lemoyne, Pennsylvania, according to law.
Sworn and subscribed to before me
This day of
2002, A.D.
Prothontoary
So Answers:
R. Thomas Kline, Sheriff
Real Estate Deputy
· Complete items 1, 2, and 3. Also COmplete
item 4 if Restricted Delivery is desired,
· Print your name and addres~ on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
D. Is delivery address diffem~t frorn em1? r~yes
If YES, enter delivery address below: [] No
MARy A. PASS
14 S. UNION STREET
APT. 2
MIDDLETOWN, PA 17057-1456
7002 0460 0002 7089 8142 _
PS Form 3811, August 2001 Domestic Return Receipt
3. Service Type
~] Certified Mail ~] Express Mail
[] Registered ~] Return Receipt for Merchandise
[2] insured Mail r-i C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yes
LARRY DEL VECCItlO
PROCESS SERVER FOR
LAW OFFICES OF GREGORY JAVARDIAN
P.O. BOX 3221. WARMINSTER, PA 18974. (215) 442-5668. FAX (215) 442-9727
July 31, 2002
Postmaster
Lemoyne, PA 17043
REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER
INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS
Please furnish the new address or the name and street address (ifa boxholder) for the following:
Name: Mary A. Pass
Address: 432 Bosler Ave.
Lemoyne, PA 17043
The following information is provided in accordance with 39 CFR 265.6(d) (4) (ii). There is no fee for providing
boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6
(d) (1) and (2) and corresponding Administrative Support Manual 352.44 a and b.
1. Capacity of requester: Process Server
2. Statute or regulation that empowers me to serve process (not required when requester is an
attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute:
Process Server for Law Offices of Gregory Javardian
3. The names of all known parties to this litigation:
LaSalle Bank National Assoc. et al v. Mary A. Pass
4. The court in which the case has been or will be heard:
Cumberland County, PA, Court of Common Pleas
5. The docket or other identifying number if one has been assigned:
02-388 CIVIL
6. The capacity in which this individual is to be served:
Defendant(s)
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR
BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION
WITH ACTUAL OR PROSEPCTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP
TO $10,000.00 OR INPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS
INFORMRATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE I8 U.S.C. SECTION 1001).
I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND
WILL BE USED SOul. ELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE
LITIGATION
~ P.O. Box 3221
LARRY DEL VECCHIO Warminster, PA 18974
For Law Offices of Gregory Javardian
FOR THE POST OFFICE USE ONLY
NO CHANGE OF ADDRESS ORDER ON FILE. ~r~ ~ ~ h
NEW ADDRESS OR BOXHOLDER'S NAME AND PHYSICAL STREET ADDRESS'
POSTMARK
LARRY DEL VECCHIO
PROCESS SERVER FOR
LAW OFFICES OF GREGORY JAVARDIAN
P.O. BOX 3221. WARMINSTER, PA 18974. (215) 442-5668. FAX (215) 442-9727
July 31, 2002
Postmaster
Middletown, PA 17057
REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER
INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS
Please furnish the new address or the name and street address (ifa boxholder) for the following:
Address:
Mary A. Pass
14 S. Union St., Apt. 2
Middletown, PA 17057
The following information is provided in accordance with 39 CFR 265.6(d) (4) (ii). There is no fee for providing
boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6
(d) (1) and (2) and corresponding Administrative Support Manual 352.44 a and b.
1. Capacity of requester: Process Server
2. Statute or regulation that empowers me to serve process (not required when requester is an
attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute:
Process Server for Law Offices of Gregory Javardian
3. The names of all known parties to this litigation:
LaSalle Bank National Assoc. et al v. Mary A. Pass
4. The court in which the case has been or will be heard:
Cumberland County, PA, Court of Common Pleas
5. The docket or other identifying number if one has been assigned:
02-388 CIVIL
6. The capacity in which this individual is to be served:
Defendant(s)
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR
BOXNOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION
WITH ACTUAL OR PROSEPCTIVE LITIGATION COULD RESULT IN CRIMIIAL PENALTIES IICLUDIIG A FIlE OF UP
TO $10,000.00 OR INPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS
INFORMRATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S,C SECTION 1001).
! CERTIFY THAT THE ABOVE INFORMATION IS TRUE .^24D THAT THE ADDRESS INFORMATION IS NEEDED AND
WILL BE USED S~OLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE
LITIGATI~,,~CN.J P.O. BOX 3221
LARRY DEL VECCHIO Warminster, PA 18974
For Law Offices of Gregory Javardian
FOR THE POST OFFICE USE ONLY
~ NO CHANGE OF ADDRESS ORDER ON FILE.
NEW ADDRESS OR BOXHOLDER'S NAME AND PHYSICAL STREET ADDRESS:
POSTMARK
LAW OFFICES OF GREGORY
JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1s? FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
LASALLE BANK NATIONAL
ASSOCIATION AS INDENTURE
TRUSTEE UNDER THE INDENTURE
DATED AS OF 6/1/2000 SERIES 2000-2
VS.
MARY A. PASS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-388 CIVIL TERM
VERI~CATION
I, Gregory Javardian, Esquire, being duly sworn according to law, hereby depose and say
that the facts set forth in the foregoing Motion for Alternative Service are tree and correct to the
best of my knowledge, information 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.
Gj~/go ~ x~di an, E s quire
~5566V
LAW OFFICES OF GREGORY
JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
lSq'FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
LASALLE BANK NATIONAL
ASSOCIATION AS INDENTURE
TRUSTEE UNDER THE INDENTURE
DATED AS OF 6/1/2000 SERIES 2000-2
VS.
MARY A. PASS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-388 CIVIL TERM
CERTIFICATE OF SERVICE
I, Gregory Javardian, Esquire, counsel for the Plaintiff, hereby certify that a copy of the
foregoing Motion for Alternative Service was served on the following persons by first class mail,
postage prepaid, on AUGUST 21, 2002.
MARY A. PASS
432 BOSLER AVENUE
LEMOYNE, PA 17043
MARY A. PASS
14 S. UNION STREET
APT. 2
MIDDLETOWN, PA 17057
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
IST FLOOR, SUITE 101
Sa3UTHAMPTON, PA 18966
LASALI.E BANK NATIONAL
ASSOCIATION AS INDENTURE
TRUSTEE UNDER THE INDENTURE
DATED AS OF 6/1/2000 SERI~.S 2000-2
vs.
MARY A. PASS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-388 CIVIL TERM
,.A~I~DAVIT 0F SERVICE PURSUANT TO RULe.
I hereby certify that I have sent copies of the Notice of SheriffSale to the Defendants'
certified and regular Un/ted States mail and all lien holders or judgment creditors ofrecord as
required by P~R~C.P, by first class United States mail, postage prepaid, on the a~te set forth below.
(See attached Exhibit "A").
13 N. Hanover Street
Carlisle, PA 17013
Cumberhnd County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013-3387
MARY A. PASS
14 S. UNION STREET, APT. 2
MIDDLETOWN, PA 17057-1456
Dept. of Public Assistance
33 Westmir~ter Drive, P.O. Box 599
Carlisle, PA 17013-0599
tenaaid s
432 BOSLER AVENUE
LEMOYNE, PA 17043
Dated:
OFFICIA
~ r Potage
Return Pl, e~lpt Fee
$
$ 4.17
L USE
~' I 8ent To
c:3L MARY A. PASS
..-.-~ mr~'S. UNION STREET
OFFICIAL
1::3
May 17,2002
NOTICe. Or S^L .
.O,F REAL PROPERTY
TO:
OWNER(S):
PLAINTIFF/SELLER:
DEFENDANT(S):
PROPERTY:
CUMBERLAND C.C.P. NO.
ALL PARTIES IN INTEREST AND CLAIMANTS
MARY A. PASS
LASALLE BANK NATIONAL ASSOCIATION AS
INDENTURE TRUSTEE UNDER THE INDENIXIRE
DATED AS OF 6/1/2000 SERIES 2000-2
MARY A. PASS
432 BOSLER AVENUE
LEMOYNE, PA 17043
02-388 CIVIL TERM
The above captioned property is scheduled to be sold at Sheriffs Sale on ~
2002 at ~ in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA
17013. You may hold a judgment on the property, which may be extingui.~d by the_. sale. You may
wish to attend the Sheriff's Sale to protect your interest.
A schedule of distribution will be filed by the Sheriff on a date speclfu~cl by the Sheriff not
later than 30 days alter sale. Dism~,tion will be made in accordance with the schedule unless
exceptions are filed thereto within 10 days at, er the filing of the schedule.
Law Offices of Gregory Javardian
1310 Industrial Boulevard
1st Floor, Suite 101
Southampton, PA 18966
(215) 942-9690
AUG 2,6 2002c
LAW OFFICES OF GREGORY
JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1sT FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
LASA~ .!-E BANK NATIONAL
ASSOCIATION AS INDENTUR~
TRUSTEE UNDER THE INDENTURE
DATED AS OF 6/1/2000 SERIES 2000-2
ONE RAMLAND ROAD
ORANGEBURG, NY 10962
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-388 CIVIL TERM
VS.
MARY A. PASS
432 BOSLER AVENUE
!.EMOYNE, PA 17043
ORDER GRANTING ALTERNATIVE SERVICE pURSUANT
TO PENNSYLVANIA R.C.P. 430
This matter being opened to the court by Gregory Javardian, Esquire, attorney for
Plaintiff, upon Motion for Order Granting Alternative Service, pursuant to Pennsylvania R.C.P.
430, and the Court having reviewed and considered the pleadings submitted in connection with
this matter, and for good cause shown:
IT IS on this ~ '/t ~day of tgt~J*~ ~ ,2002, ORDERED that the Motion for
Alternative Service of the Notice of Sheriff's Sale and all subsequent pleadings by posting the
premises and by regular and certified mail to the Defendant's, MARY A. PASS, last known
address, is hereby GRANTED.
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
· IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
LASALLE BANK NATIONAL
ASSOCIATION AS INDENTURE
TRUSTEE UNDER THE INDENTURE
DATED AS OF 6/1/2000 SERIES 2000-2
VS.
MARY A. PASS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-388 CIVIL TERM
CERTIFICATE OF SERVICE
GREGORY JAVARDIAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that
service of the Notice of Sheriff's Sale was made by sending a true and correct copy by certified and
regular mail to Defendant at 14 S. Union Street, Apt. 2, Middletown, PA 17057-1456 on
September 12, 2002 (see copies of proof of mailing attached) in accordance with the Order of Court
dated August 27, 2002.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: September "12, 2002
G~RY ? V~IAN, ESQUIRE
~ey for PYaintiff
Mary A. Pass
U.S. POSTAL SERVICE CEKTiFiCATE OF MAILING
DOMESTIC
AND
DOES
MAY BE USED FOR
PROVIDE FOR IN~U RANCE-PO-~TMA~ I e:l~ r'
GREGORY JAVAROIAN /D[
iST FLOOR, SUil~ lO1L' \mi
Mary R. Pass
Iq ~. Union Street, Apt. 2
PS Form 3817, January 2001
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 Lasalle Bank fka Lasalle Natl Bk tr is the grantee the same having been sold
to said grantee on the 4th day of Dec A.D., 2002, under and by virtue of a writ Execution issued on the
22nd day of May, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002
Number 388, at the suit of Lasalle Bank N A fka Lasalle Natl Bk tr against Mary A Pass is duly
recorded in Sheriff's Deed Book No. 255, Page 349.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this
o~,~t~ , A.D. 2002
~3 dayof
~~t~ecorder of Deeds
Recorder of Deeds, Cumbedand County, Cadlsie, PA
My Commission Expires the First Monday of Jan. 2006
LaSalle Bank National Association as
Indenture Trustee Under the Indenture
Dated as of 6/1/2000 series 2000-2
VS
Mary A. Pass
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2002-388 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendant, to wit: Mary A. Pass,
but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of
Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice and
Description in the above entitled action, according to law.
DAUPHiN COUNTY RETURN; I, Jack Lotwick, Sheriff of the County of
Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search
and inquiry for Mary A. Pass the defendant named in the within Real Estate Writ, Notice
& Description and that I am unable to find her in the County of Dauphin, and therefore
return same NOT FOUND, July 23, 2002. Defendant never responded to cards at her
door. So answers, J.R. Lotwick, Sheriff of Dauphin County, PA.
Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states
that on July 8, 2002 at 3:35 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
Mary A. Pass located at 432 Bosler Ave., Lemoyne, Pennsylvania, according to law.
Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that
on September 25, 2002 at 12:42 o'clock P.M., he served a true copy of the within Real
Estate Writ, Notice and Description upon one of the within named defendants, to wit:
Mary A. Pass, by posting the premises located at 432 Bosler Avenue, Lemoyne, PA
17043, pursuant to a court order.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, exposed the within described
premises at public venue or outcry at the Court House, Carlisle, Cumberland County,
Pennsylvania, on December 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum
of $1.00 to Attorney Gregory Javardian for Lasalle Bank, N.A., f/k/a Lasalle National
Bank, as trustee under the pooling and servicing agreement dated 06/01/2000, Series
2000-2. It being the highest bid and best price received for the same, Lasalle Bank, N.A.,
f/k/a Lasalle national Bank, as trustee under the pooling and servicing agreement dated
06/01/2000, Series 2000-2 of 909 Hidden Ridge Drive, Suite 200, Irving, TX 75038,
being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $1,017.22, it
being costs.
Sheriffs Costs:
Docketing 30.00
Poundage 19.95
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 11.04
Certified Mail 4.93
Levy 15.00
Surcharge 20.00
Postpone Sale 20.00
Out of County 9.00
Dauphin County 29.25
Law Journal 367.70
Patriot News 328.15
Share of Bills 25.20
Distribution of
Proceeds 25.00
Sheriffs Deed 40.50
$1,017.22
Swom and Subscribed to Before Me
This t, ~ Day of ~.~
200~, A.D. (~2~j~_~,~ .. d/t~' R. Thomas Kline, Sheriff
Prdth/onotary
Real Estate JO~-put~, - '
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Frank J. Epier 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 The Patriot-News and The
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th
day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
S A L E #47
REAL ESTATE SALE No. 47
ClvllTerm
LaSalle ~B,,nk Natlon-,I
Indenture Trustee Under
Sarlee 2000-2
Mary A. Pass
Arty: Gregory Javardlan
~ THAT CEET,~ p~c or parc! of land
situate L~ the Bomu~ of L~moyne, CumbedaM
CountT, Pconsylva~a, Ix~unded and de~z~]cd in
C,c~it J, ~ Reg~st~tnd Sur,~or, dated ~y 3;
1974 ~ follows:
B~tNNING at a hub on tl~ southern side of
Bosler Avenue (80 feet wide) at the comer of
lands now or late of Austin M, Hoffman, being
Lot No. 91 and Honsc No, 436, said point being
measu~d along the said side of Bosler Avenue
109.5 feet east of the sondw, est comer of Busier
Avenue ~d Fifth Stt~t~ thonce extending ft~om
said ~point of beginning and along laada now or
late of Austin M. Hoffman, South 30 daFnes 30
miontes East the distance of 150 feet to a hub on
thence along the said side of Apple Alley, north
.59 degrees 30 ~dontes east the distance of 17.50
fnet to a p.k. nail at the comer of lands nor or late
of LeRoy W. Donkclb~rger, being the remaind~
of Lot No. 92 and Hon~ No. 430;, theuco through
th~ centor line of a pat'titio~ wall between House
Nos: 432 and 430, nozth 30 degrees 30 minum
west tha distance of 150 feet to a drill hole on the
south sid~ of BesJer AvenUe; thence along the
south side of Busier Avenue, south 59 degtnes 30'
minutes west, the distanco of 17.50 fne! to a
point, the place of BEGII~'~IING.
BEING the western half of Lot No. 92, Section
C, Plan No. I of Rives~n, recorded in Deed Bonk
"F; ~lame 4, Page 40,~
Sworn to al~t~bed before ~e t,t,t,t,~s 14th day o,f.,A~gu:~'02 A.D.
Terry L. Russell, Notary Public
~ ~ Ha~sbu~, Dau~in C~
Ex,res June 6.
Mem~r, Penns~an~ Ass~afion ~ No~s N O~A RY P U B El C
My commission expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND 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
Probating same Notary Fee(s)
Total
$ 326.40
$ 1.75
$ 328.1 5
Publisher's Receipt for Advertising Cost
, publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
e receipt of the aforesaid notice and publication costs and certifies that the same have
of LeRov W. Dunkeibergr~i. heine thc remainder
of Lot N~o. 92 and Hnuse No. 430'~ thence throogh
the center line of a partition wall between Honse
Nos. 432 and 430, north 30 degrees 30 minutes
west the distance of 150 feet to a drill hole on the
sooth side of Bosler Avenue; thence along the
south side of Boslcr Avenue, south 59 degrees 30
minutes west. the distance of 17.50 feet to a
point, the p ace of BEGINNING.
BEING the western half of Lo No. 92 Sec on
C, Plan No. 1 of Rivertnn. recorded in Deed Book
"l", Volume 4. Page 4G..
BEING known as Nc 432 Bosler Arcane,
Lemovne, Pennsylvama.
PARCEL No. 12-2/-0265-260.
BEING the same premises which Cassandra
Daneau, lacquelynn S. Madigan; formerly
I uelynn S. Nilles, Carol L. Seideiman
business as JANANCA AssoctateS, by
Office of the Recorder m ,
Cumberland County, Pennsylvania in Deed Book
157 Page 1066 granted and conveyed unto
A. Pass, sin¢le woman.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
JULY 26, AUGUST 2, 9, 2002
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are tree.
RF, AL F~TAT~ 8ALE NO. 47
Writ No. 2002-388 Civil
LaSalle Bank National Association
as Indenture Trustee Under the
Indenture Dated as of 6/1/2000
Series 2000-2
VS.
Mary _& Pass
Atty.: Gregory Javardian
ALL THAT CERTAIN piece or par-
eel of land situate in the Borough of
Lernoyne, Cumberland County, Penn-
sylvania, bounded and described in
accordance with a survey and plan
made by Gerrit J. Betz, Registered
Surveyor, dated May 3. 1974 as fol-
lows:
BEGINNING at a hub on the
southern side of Bosler Avenue (80
feet wide} at the comer of lands now
or late of Austin M. Hoffman, being
~ Editor -'
SWORN TO AND SUBSCRIBED before me this
9 day of AUGUST, 2002
side of Bosler Avenue 109.5 feet east
of the southeast corner of Bosler
Avenue and Fifth Street; thence ex-
tending from said point of beginning
and along lands now or late of Aus-
tin M. Hoffman, South 30 degrees
30 minutes East the distance of 150
feet to a hub on the north side of
Apple Alley {15 feet wide), thence
along the said side of Apple Alley,
north 59 degrees 30 minutes cast
the distance of 17.50 feet to a p.k.
nail at the corner of lands nor or
late of LeRoy W. Dunkelberger, be-
ing the remainder of Lot No. 92 and
House No. 430; thence through the
center line of a partition wall be-
tween House Nos. 432 and 430,
north 30 degrees 30 minutes west
the distance of 150 feet to a drill
hole on the south side of Bosler
Avenue; thence along the south side
of Bosler Avenue, south 59 degrees
30 minutes west, the distance of
17.50 feet to a point, the place of
BEGINNING.
BEING the western half of Lot
No. 92, Section C, Plan No. 1 of
Riverton, recorded in Deed Book "J",
Volume 4, Page 40.
BEING known as No. 432 Bosler
Avenue, Lemoyne, Pennsylvania.
PARCEL No. 12-21-0265-260.
BEING the same premises which
Cassandra J. Daneau, Jacquelynn
S. Madigan, formerly Jacquelynn S.
Nilles, Carol L. Seidelman and
Nanette M. Lock, Partners trading
and doing business as JANANCA
Associates, by Deed dated January
7. 1997 and recorded May 21, 1997
in the Office of the Recorder of
Deeds, in and for Cumberland
County, Pennsylvania in Deed Book
157, Page 1066 granted and con-
veyed unto Mary A. Pass, single
LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN, ESQUIRE
Identification No. 55669
1310 Industrial Boulevard
1st Floor, Suite 101
Southampton, PA 18966
(215) 942-9690
Attorney for Plaintiff
LASALLE BANK NATIONAL
ASSOCIATION, AS INDENTURE
TRUSTEE UNDER THE iNDENTURE
DATED AS OF 6/1/00 SERIES 2000-3
Plaintiff
VS.
MARY A. PASS
Defendant
COURT OF COMMON PLEAS
TRIAL DIVISION
CUMBERLAND COUNTY
No. 02-388
PRAECIPE TO MARK JUDGMENT SATISFIED
TO THE PROTHONOTARY:
Kindly mark the judgment entered in the above-captioned case as SATISFIED.
Date: August 22, 2003
omG(Y/J]~VARDIAN
ey folJlalntiff