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HomeMy WebLinkAbout02-0481LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOLa F. VARD 1sT 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 10/1/2000 SERIES 2000-3 ONE RAMLAND ROAD ORANGEBURG, NY 10962 PLAINTIFF VS. CAROLYN M. SHEAFFER 3471 SPRING ROAD CARLISI.E, PA 17013 DEFENDANT NO. 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 fall to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TFJ FPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET I.EGAL HEIJP. 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 BOUI.EVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff LASA! J.g. BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 10/1/2000 SERIES 2000-3 ONE RAMLAND ROAD ORANGEBURG, NY 10962 PLAINTIFF VS. CAROLYN M. SHEAFFER 3471 SPRING ROAD CARLISIF., PA 17013 DEFENDANT NO. COURT OF COMMON PI.EAS CUMBERLAND COUNTY COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. LaSalle Bank National Association as Indenture Trustee under the Indenture dated as of 10/1/2000 Series 2000-3, (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 Carolyn M. Sheaffer, Mortgagor (hereinafter referred to as "Defendant") and itself as Mortgagee by Assignment. Said Mortgage was dated August 29, 2000 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County in Mortgage Book 1635, page 785. A copy of the Mortgage is attached and made a part hereof as Exhibit 'A'. 2. The Mortgage is secured by Defendants Note dated August 29, 2000 in the amount of $64,800.00 payable to Plaintiff in monthly installments with an interest rate of 10.875%. 3. The land subject to the mortgage is: 3471 Spring Road, Carlisle, PA 17013. 4. The Defendant, Carolyn M. Sheaffer is the real owner of the land subject to the mortgage and the Defendants' address is: 3471 Spring Road, Carlisle, PA 17013. 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 12/20/01 Accumulated Late Charges Pre-payment penalty NSF Charges Advances for appraisal/inspection fees Attorney Fees/Costs TOTAL $64,629.16 5 ,O43.76 305.50 3,231.46 15.00 165.50 3,700.00 $77,090.38 plus interest from 12/21/2001 at $19.19 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 August 14, 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 $77,090.38 together with the interest from 12/21/2001 at $19.19 per day, costs of suit and attorney fees. Law Offices of Gregory Javardian  R~'G~)Rf/iAVARDIAN tto'¥ff'ey~ No. 55669 i 0RIGINAL ADJUSTABLE RATE NOTE · (LIBOR 6 Mouth indtx (As Published in The Wall Stre~ Jou~Aal) -[~ute CaN) Tills NOTE CONTAINS FROVISIONS ALLOWING FOR CHANGE~ IN MY INTEREST R ATE ANDMY MONTHLY PAYMENT. Til[~ NOTE LIMITS THE AMOONT MY INTEREST RATE CAN CIIANGE AT ANY ONE TIME, AND THE MAXIMUM RATE I MUST PAY. AUGUST 29, 2000 BENSALEM, PENNSYLVANIA 3471 SPRING ROkO, CARLISLE, PENNSYLVANIA 17013 I. BORROWER'S PROMk~E TO PAY In return {'or a loan that [ have received. [ promise to ~ay U.S. $ 64,800.00 (this amount is called 'principal"), p[us interest, to the order of the Lender. The Lender is ARLINGTON CAPITAL MORTGAGE CORPORATION I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note hy transfer and who is entitled to reccWe ~mymcnts under this Note is called the 'Note Holder. 2. INTEEEST Interest will he charsed on unpaid principal umi! thc lull amount of prim:tpal has been paid. twitl yearly rate of 10.875 %. The interes! rate ! will pay ma), change in accordance with Section 4 of this Note. The i,terest rate required b)' this Section 2 ami Section 4 of this Note is ~e rate ! will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place ur Payroeats I wilt pay principal and interest b)' making payments ~very month. I will make my monthly payments on the let day of each month bcginning on OCTOBER 2., 2000 . I will make these paymonts every momh until I have paid all of the prinni0al and interest and any other charges d¢~ribed below that I may owe under this Note. My monthly payments will be npplisd to interest before principal, if, on SEPTEMBER 3., 2030 , I still owe amounts under this Note, I wilt pay those amounts in full on thru dmc, which is called the "Maturity Date." I will make my monthly payments st 2 GREENWOOD SQUARE, SUITE :200, BENSALEM. PENNSYLVANIA 2.9020 or ~ a diffe~nt placo if required by the Note Hnkter. (Bi Amount of My lnMal Monthly Payments ~'~ch of my initial monthly payments will be in the amount of U.S. $ 611,00 . This amount ma)' change. (C) Monthly Psi'meat Changes in my monthly payment will rcltect changes in the unpaid principal of my loan and in the interesl rate that must pay. The Note Holder will dctetmine my new interest rate and the changed amount of my monthl)' psi,meat in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONI'ttLY PAYMENT CHANOES (A) Change Dates The interest 'cate that day every 6 th month thereafter. Each date on which my interest rate could change is called a 'Change Date. (Bi The Index Beginning with the first CheeSe Date, my interest t~te will be, besnd on en Index. The "Index" is the average of inter- bank offered rates for 6 month U.S. doltar-denominstnd delX~its in the London ("Lihor'), as published in The Waft Sires! Jure'ual. The most t~ent Index figure available as of the first business day of Ge month immediately preceding tile momh in which Otc Change Date occurs is called the "Cut'mat Index.' If the Indo. is no longer available, the Note Holder will choose a new index that is based upan comparable information. TheNote Holder will give me oo~ico of this choice. (~ Calculation of Changes Before each Change Date. the Note Holder will calculate my new interne ret~ by adding SI X AND 65/100 ..... percentage point(s) ( 6. 650 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one pereantn~e point (0. i25%). Subject to the limits stated io Section 40)) below, this rounded amount will be my new interest tale until the hex! Change Dste. The Note Holder will then determine Ibc amount of the monthly payment that would be sul'ftcient to repay thc unpaid principal that I am expected lo owe al the Change Date in full on the Mantrily Date et my new interest rate in substantisll), equal paytnems. The result of this calculttlon ~lli he the new ~nount of my monthl), pa)meat. (D) Umlta on Interest Rate Clmnges The interest rate I am required to pay at the first Change Date will not he greeter than 13.875 % or Ices than 9.875 %. ~fter, my ketches[ r~-e will never be i~.mesed or dcomasnd on any single Change Date by more than ONE ..... percentage paint(s) ( 2.. 000 %) From the rate of interest I have been paying for the preceding 6 months. My interest ratc will uever be greater than 16.875 %. My iuterest rate will never be less than 9.875 %. (E) Effnctlve Date oF Ch~mges My new Interest rate will become effective on each Change Dste. I will pay the amounl of my new monthly payment beginning on the first monthly paymmlt date after the Change Date until the amount of my monthly payn~nt changes again. (~') Notice of Clmnges *~ · The Note Holder will deliver or mall to me a notice of any changes ~n my toterest rate and the arcoum of m)' monthly payment before the effective date of any change. The notice will Include information required by law to be given me and also thc tclephonc number of a parson who will answer any quest[ou I may beve regarding thc notice, $. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they ute due, A payment of principal only is known ns a 'prepayment.' When l make a prepayment. ! will tell the Note Holder in writing that I am doing so. I may make a full p'epayment or partial prepayments without paying any prepayment charge. The Note llohler will use all of my prepaymems to induce the amount of principal that I owe under this Note. If I nutke a pa~ial prcpaymem, 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 Chang. e Date following my parlial prepayment. However, any reduction due to my pmial prepayment may he offset by an interest rate increase. PREPAYNENT RTD~--R ATTACHI~D HERETO AND NADE A PART HEREOF 6. LOAN CIIARGES if a law. which applies to this loan and which sets maximum loan charges, ia finally interpteted so that the inlerest or other loan charges cotlacted or to be co]leclcd in cotmection with this loan exceed the permitted limits, then: (1) any such Inert charge sh~dl be reduced by thc amount nccesse~' to reduce, tee charge to the permitted limit; and (ii) any sums Mre. edy collected from mc that exceoded permitted limits will be refunded tn me. The Note Holder may choose to make this refund by reducing thc principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, thc rnductiou will be treated as u partial prepayment, 7. BORROWER'S FAILURE TO PAY AS RF..QUIRI~-D (Al Late Char~es for Overdue l~yments If the Note Holder has not ~ueived the full amount of any monthly payment by the end of 1 0 calender days after the date it is doe, I wtil pay a late charge to the Note Holder. The amount of the charge will be 5.00 of my overdue payment of principal ~d interest. ! will pay this late cheqe promptly but unly once un cnch late payment. (11) Defuuft Ir [ do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note tlolder may send me a written notice telling me that if I do not pay the overdue amomlt by a certain date, thc Note Holder may require mc to pay immediately thc full amount of principal that has not bccn pakl and all thc tanrest that I owe ou that amount. That date most be at least 30 days after thc date on which the notice is delivered or mailed to mc. (D) No Waiver By Note Holder Even if, at a ttme when I am in default, thc 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 Costa nod Expenses If thc Note Holder has required mc to pay immediately in full es described 4d)ove, the Note Holder will have thc right to be paid back by me for ell of its costs and cxpensce in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, re,unable 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 bc given by delivering it or by mailing it by first class mail to me at the Psoparty Address above or at a different address if I give the Note Holder a notice of my different mMres$. Unless thc Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to thc Note Holder at thc address stated in Section 3(^) above or at a different address if t am given a notice of that different address. 9. OBLIGATIONS OF P~RSON$ UNDER THIS NOTE If mote than uae ~ signs this Note, e~h parson is fully and personally obligated to kuep all of the promises mede In this Note, Including the promise to pay the full amount owed. Any person who Is u guarantor, surety or endorser of this Note is also obligated to do these things. Any parson who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note ltolder may enforce its rights under this Note against each person individually or a~atnst all of ua togethcr. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVI~RS I and any other parson who has obligations under this Note waive the rights of presentment and notice of dishonor. 'Presentment' means thc 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 notlue to other persona that amounts due have not been paid. I I. UNIFORM SECURED NOTE This Note ta a uniform inatrnment with limited variations in some juriadictions. In ~hion lo thc protections given to the Note Holder under this Note, a Mort~e, Deed of Trust or Security Deed (the 'Security Instrument"), dated the same date as this Note, protects the Note Holder from poasible losses which might reauft if [ do not keep the premises that I make in this N~n. That Security Instrument Aescribes how and under what condilious I may be required to make immediate payment in full of all amounts I owe under this Note. ~ome of those conditions are described as follows: ' Transfer of the Propert~"~r a Beneficial Interest in Borrower. If all or any part of thc Property or any · interest in it is sold or transferred (or if a benaficlal interest in Borrower is sold or tnmsfcrrcd 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 aunts secured by this Secor~ty Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shalt not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evMuate the intended transferee as if a new loan were being nmde to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To this extent permitted by applicable law, Lender may charge ares. sonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lcodcr and that obligates thc transferee to keep all the promises and n~reements m,'~de in the Note and in this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of nccelerntion. Thc notice aball provide a per,od of not less than 30 days from the date thc notice is dellvcred or mailed within which Borrower must pay all sums seeored by this Security Instrument. If 8orru',ver fails to pay thee sums p~ior to the expiration of th~ per, nd, L~ndet may invoke any remedies permitted by this Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OI3 THE UNDERSIGNED. CArOlYN ~'1~1. S H b;AF F,,¥.Yi~ Borrower {.Scat) Bet[ewer (~eal) (Se. il) BY: .'%-'_ .{,'u~4.cL/~- v£~-~ &SSIST.4HT 8F.~ETANY '. .(Seal) ($¢a1) I$isn Original O:dyl MULTISTATB AIMUSTABLE RATK/~OT~-UBOR ~ MONT~ [NI)~C (A~/NJBLISItT~ IN ~ WALL. STRF. gr JOURNAL) - {inste FamJly. I~'al~de Mae Uldraem tlldrelneM Form 3S20 ADDENDUM TO FNMA NOTE This ADDENDUM TO NOTE is made this 29th day of AUGUST 29, 2000 , and is incoq~orated into and amends nad supplements the Note, Adjustable Rate Note or Balloon Note of the same date, and any cz. tensious and renewals of than Note, given by thc undersigned ("Bonower") to ARLINGTON CAPITAL MORTGAGE CORPORATION ("Lender")('Note*). In addition to the agreements made in the Note, Boo'ewer and Lender further agree as follows: I. Balloon Payment Loan [] If the boz. above bas been checked, the following pruvisious are added to the Note: A. "TINS LOAN IS PAYABLE IN FULL AT MATURITY. YOU M~ST REPAY THE ENTIRE PRINCIPAl. BALANCE OF THE LOAN AND UNPAID INTERE, ST THEN DUE. TIlE LF. NDER IS UNDER NO OBLIGATION TO REFINANCETNE LOAN AT THAT TIME. YOU WILL, TIH,ZKEFORE, BE REQUIRED TO MAKE PAYM F~'VT OUT OF OTN~R A~ET8 THAT YOU MAY OWN, OR YOU WILl, HAVE TO FIND A LENDER, WIRCll MAY BE T~E L{k'NDF..R YOU HAVE TINS LOAN WITH, WILLING TO LEND YOU 'FILE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY NAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITN A NEW LOAN EVEN IFYOU OBTASN REFINANCING FROM TNE SAME LENDER." B. The "Payments" scctlon of the Note is amended by delcting the first senlence and replacing it wilh thc following language: '1 will pay principal and interest by making payments every month. Each of my regular monthly payments, except for lite final payment, will bo in the amount of U.S. $ N/A , Assuming all scheduled paymants of principal and interusl are made on their due dates, the final payment will be U.S. $ N/A .' ~New York only: 'The above specified final payment consists of U.S. $ N/A which will k principal and the balance will be intent."] 2. The section of the Note entitled, "Bo~'ower's ~tomlse to Pay." is amended by adding the following hutguage after the first seutence: 'Any amounts owed under the Security l~trument that is ez.ecuted in conjunction whh this Note are and shall be parl of the dein obligation under this Note.' 3. {f the Note ia a second mo.gage Note, in the ~x:tinn of the Note entitled, 'Interest,' the language, {f any, which states than interest will be cha~ed 'beginning on the date of this Note and continuing" is deleted and replaced with 'on unpaid principal.' Furlher, a new sentence is added: 'The interest rate required by this Sectlno 2 is thc utc I will pay both before ned after any defan{t dasc~bed in the snclinn of this Note regard{ag "Default." 4. {f the Note is an adjustable rate Note, thc mecl{on of the Note entitled, "lnter~," is amended by adding Ihe fo{lowing language at the end of the ~d lenience: 'wh{ch, except for odd days' inietean, if any, will be applied to a 360 day year cons}st{n{ of 12 months with 30 days each. interest wilt be charged until the princlpal has been p~id in full' If the Note is an adjustable rate Note: a) Ihe section of the Note entitled, "Payments" (A) "Time nnd Place of Payment," is amended by tickling the ~ntence which ~s, 'My monthly payments will he applied to lotu~t before principal.' and replacing it with the following language: "Each of my regular monthly payments will he applied first to amounts due for any escrows for taxes ami inanranct under the Security hmmment, then to accrued and unpaid inlerCSt as ir the payment la made on its due dale, regardless of when the payment is scl.ally received and Iht retoalnder, if any, to iht unpaid principal balance. Any {ate charges, colketinn costs and expenses, dishonored chech charges and payments made by the Note Holder Io enforce this Note and/or to protect Iht Nolo Holder's interests under the Securily lnslmmant will he messed separandy. This does not take into accoont any payments for optional mo. gage prnduca thai are char~ed lo my account.* and b) the section of thc Note oath{ed, 'lnleres! Rate mrd Monthly Payusent Clmnges" (D) "Umlis on Interes~ Rate CIm~es,' Is amended by adding the following language, 'My interest fane will never be less than 9.875 'l' If the Note is a fixed rate Note, the section of the Note entitled, "Time and Place of PaymenLm" or alternately "Payments," is amended by deleting (if applicable) the sentence which reads, 'My monthly payments will be applied m interest before principal.' and by adding the following language before the sentence which contains the maturity date: 'F.,~h of my regular monthly payments will be applied first to amounts due for any escrows for taz.es and insurance under thc Security Instrument, then to accrued and unpaid Inter~t to the date of payment and the remainder, if any, to the unpaid principal balance. Any late char{es, collection costs and exgeuseL dishonored check charges and payments made by the Note Holder to enforce this Note and/or to protect the Note l-lolder's interests under the Security Instrument will he assessed sepacately. This don not take into account amy payments for optional morigagc products than are charged to my account.' The aectioo of the Note entitled, "Borrower's Right to I~pay" or alternately "Borrower's Paym,*ts Before They Are Due,' ia amended by: a) adding to the end of the fist seotence the following 'language, but the Note I{older nm'my apply any tendered payments first to any amounts then due and owing under this Note or under the Security katrurrent.'; b) deleting time sentence which status, 'The Note Holder will use all of my prupayments to reduce the amount of principal that ! owe under this Note.'; and ¢) addlu8 after the final sentence: the following language. 'Except as provided In the "Loan Charges' section (if any) or otherwise provided by applicable law, the Note I Iolder earns any p~pald finance charge at the time the loan ia made and no part of it will he refunded if I pay in full ahead of schedule. · B. If a prepayment charge 1~ ~nltl~led In ~ ~th ~is Iota, ~e ~i~ of ~e Note mfifl~, '~n C~' (if any) is ~d~ by ~din~ to ~e e~ of ~e ~mM ~ t~ followln~ I~l~e, '~o~ ~y pr~ay~nt c~rge.* In thc State of Ari~na, a p~vision is ~ to the Note ~ follows: ~Cont~ t~ ~te of I~, I ~z~ Io ~y m ~f~flve ~ for ~tc of inserat ~ual to thc intent ~te ~ provided in this Note a~ thc ~ditio~l imc~t ~ulfing from ~y Ad.tidal Su~. ~ ~ditio~l Su~ shall ~nsist of ~1 f~, ~arg~, $~, things in ~tion or ~cr su~ or Ihinga of val~ (~er ~ Intent. pmvid~ in this Note) paid or payable by t~, whirr puget to this N~, ~ ~rity ~t ~g ~[s Note or ~ ~r d~ment or inslml~nt in any way ~ini~ to this Io~, th~ may ~ ~ to ~ intent for ~ pu~ of ~y law of I~ State of Ari~on that ~y Hmit t~e m~lmum amount of ~nterest to ~ charg~ w~h t~t to this Iota. ~e Add~fion~ ~ms shah ~ de.ed ~o he add~t~na~ i~ter~t for the pu~os~ of ~y such law only.' 9. ~e ~tion of the Note ~titl~. "~te Cba~e for ~ue ~en~," is ~ded by ~pl~ing the word 'overdue' in thc s~ond ~nte~ with ~e wo~ '~ul~' exit in t~ Slat~ of ~1o~o, Delnwa~. Id~o, M~achu~tts, No~h Rhode {sl~d (if ~ by a ~nda~ fi~), UI~ ~d Wl~nsin in whi~ the word 'ove~' shatl ~ ~placcd ~{th 'unpaid a~unt of thc.' If the Note is a fix~ rate Note, a~er i~ finM sente~e ~d the followinl }ansuate, 'Any late charge will be in ~difion to interest on the th~ outsianding pfinc{pal for ~h ~y t~ payment is late.' 10. ~e ~tio~ of Ihe Nme cmitl~, "N~ of ~fa~t" ~ "Un{fo~ N~e," a~ ~d~ by ~anging thc nofi~ of default of ~leration to ~ at 1~ ~ dnys if t~ ~n Is ~ by a ~a~ I~n on ~ p~ in the State of Cuu~icut a~ I~t 3{ da~ if the I~n is ~u~ by a Hen on ~a{ p~.y {n ~e State of O~oma. I i. If this is ~ adjum~ble .re Note, th~ ~ mub~8~h ~tifi~, ~er of ~e ~y or a Ben.cia{ interest ~wer," im ame~ ~ ~l~ing ~ p~visi~m ~i~in{ to ~mmption of the {o~. I2. Ex.pt for ihe Slate of K~tu~, the ~lon of ~ N~e entitle, "~t of N~e Ho{d~'s C~ts and Expense," is ~{et~ in i~m ~ti~y ~d tm ~i~ by ~e {olluw}ng ~{uage: 'If { default, whe~c~ or ~t the Note Hold~ h~ ~uir~ mo to pay i~te{y ~ full ~ d~ a~ve, the Note ~{{{ hav~ the ~ight to b~ ~id bauk by ~ fo~ ~{ of i~ c~ts ~ ux~ {n ~f~c{n8 Ihlm Note to th~ exist not p~hib{t~ by app{{~lo {aw. ~o~ ~x~n~ i~{ude, fo~ ~ample. ~on~le attorneys' f~, ~{~tl~ ~slm a~ ex~ns~, se~vic{ng and dimhono~d ~k charg~ to Ihe fuHeml extenl not p~hibit~ by appIi~b{~ {aw.' 13. {n the State of Kentucky, I~ m~ion of~ Nolo ~titlud, "~ym~t of Note Hol~'m C~m and Exhume," is deleted in ils ent}~y ~d ~l~d by t~ followln8 'If I ~faulh whethmr o~ ~t the Note Holder h~ ~qu{~ me to pay im~iat~ly in full ~ d~cib~ a~ve, the Not~ wilt have Ihe r}~i to ~ paid ba~ by me f~ all of its ~s~ ~d ~x~mes in enfo~lng this Note to the extent not p~ohibilcd by ~t}~ble hw. T~ ex~ i~l~e, fo~ e~h, r~[e ~to~ym' f~s not in e~ of fift~u per~nt (15%] of thc unpaid bnla~e of the loan ~id to an atto~ ~t a sala~ed ~ploy~ of the Note Hold.. I will also pay n reasonable charge for each dishonored ch~k, d~ft or other }~tmm~t issu~ by me tn p~mem on this {oan,' i4. ~m s~tion of O;~ Note entitle. "Obllgntto~lbllHy of Pe~o~m Uoder This Note," is arcaded by ~ding following l~a~ to t~ end of the fi~ sentence: 'plus the ch~ges ~ ~crl~ in ~e s~lonm ent{ll~. "~te C~ for ~e~ue ~ymen~" ~d "~ymenl of Note Holder's Co~ and Ezp~." In Id~, ~lmd, Sough D~ota, Tex~ md U~, in ~d}fi~ {o chatg~ s~ifi~ el~here in ih}s N~e, in I~ ~rity l~t~ment liven to ~ ~is N~e. or ~ ~y mher a~ment in ~n~tion with this Not~. l ague ~y ~e following if ~g~ In con.ion with ~is 1o~: I~ ~er's atto~s'/~ing agenls' fe~ for se~i~s rcnde~ ~nn~tton with t~ p~a~on, cl~{, ~d d~bu~t of t~ I~; ~y ex~, ~ or charge paid to a govem~nial ~; exnm}nati~ of title, ~praisM or ~M ~ or nppmpri~e to Ihe s~rity of Ihe {~; premiums for c~dit [ifc, c~d~i ~{dc~ ~ ~{Ih, ~i~ disability, }nvolu~a~ u~{~t ~fit md s}mHnr in~ce coverages hu~ ~{y }f I~ura~e is ~tlonal with me; p~ium~ for pm~ny }nsur~ ~d title Insu~ce from ~ insult of my choir; defer~l f~; ~fin~cinz cha~es; ~{nts; ~ ~.lfi~tton f~; ~d my o~er chugs, but ~t including ~y f~ or charg~ for any se~ices for ~hi~ I may ~ ~ ch~g~ under the Troth In ~ing Act, Ihe ReM ~tate ~tlement ~edures Act or any ether or ~gulation." 15. In t~ State of Virginia, the fi.t ~ntence in t~ ~tion of the Note (Fo~ 3~, 32~ or 3520) entitled, "Waivers," is d~leted ~d amend~ to re~ ~ "1 and ~y othec ~n who h~ obligations u~er th{s Note wMve ~e tigh~ of p~nt~nl a~ notice of dishonor and t~ ho~t~d e~e~tlon." 16. In t~ Ohio (Fo~ 3936) ~ Ma~hus~ (Fo~ 3922) ~nd Mo.gage Notes, the final two senten~ of the s~tion entitled ~row~'s ~ B~o~ ~ Are Du~" are del~ed. In t~ StYe of New Yo~, If I~ I~ is a B~I~ ~y~t ~ then a new ~fion is ~d~ to the Note ~ I will ~ive a ~tlce of ~turily nm I.s thru ninety (~) days ~r ~ th~ one hundr~ twenty (120) days pr,or to t~ ~urlty of ~ ~ET~OFT~i8 30 Y~. ~A~T, YOU~LLBEREQUIRED~ REPAY ~ ~E ~N~IPAL BA~ ~ ~ ACCR~D ~ER~ ~ O~NG 3 0 YE~ ~OM ~ DATE ON WICH T~ ~ ~OCEED5 ~E D1SB~SgD. PREPAYMENT RIDER TO NOTE '{31is PREPAYMENT RIDER TO NOTE is made this 29th dayof AUGUST, 2000 and is inCOrporated into and amends, modifi~ and supplements Ihe Note of thc same date given by the under~iBned (the "Bot~ower') to ARLINGTON CAPITAL MORTGAGE CORPORAT I ON (the 'Lender") .nd any riders or modifieations thereto ("Note"). In addition to tl~ agnxmunts madu in the Note, Bo~ower and Lender fu.har ~ree as follows: I. The. seciion of the No{e enlit[ed "BorrowePa Right to Prepay" oraltevaatnly"Borrower'a Payments Before They Are Due," 1~ hereby deleted in it~ entirey and rep{aced with the following language: "BORROWER'S RIGHT TO PREPAYt PREPAYMENT CHARGE I lave the right to make payments of principal at any time hefore thay are due, but the Note Holder may apply any tendered payrnents fizst io any amounts then due and owing under this Note or under thc Security Inst~m~nt and th~n to principal not yet due. A payment of principal on{y is known aa a "prepayment." A pl~'payment of ail of the unpa}d pHn~ipa{ ia known am a 'ful{ prepayment." A prepaymexmt of only pa. of the unpaid principal }a known as a "paxliai prepaynsent." {f I make a partial prepayment and thla Note ta a fixed tale Note, there will be no changes in thc due dates or amounts of my gubgquent scheduled month{y payments unleas the Note Holder a~reas }n w~iting to tho~ changas. {f ! ne{kc a p~lial prepayment and th{a Note ls an adjustable rate Note, there w}l{ be no clumg~ in the du~ datea or amounts of my sube~queut ~:heduled monthly payments um{I the payn~'nt duo after Ihe firat Change Date fo{towing roy p~rtia{ prepayment unica the Note Molder agrees in writing to those changes. If this Note is mm ndjuMab]e ~'ate Note, my pa~,lal prepayment may reduc~ the amount of my monthly payments after the first Change Date fo{iow}ag my patmia{ prepayment, but any such reduction may be off, et by an intem~t rato increase. If the aggregate amount of pr{ncipal prepaid in any twelve 112) month period ezoe~ds twenty percent (20W) of the Grig'mai principal amouut of this Note during time firml THREE ( 3 ) years commencing from thc date of this Nme, then as consideration for the accepmance of such prepayment, and in addition to any other mum payable hereunder, I agree to pay to the Note Holder a prepayment charge equal to F'fVE percent ( 5. O0 %) of the total amount prepaid. I will pay this prepayment charge whether pre- payment is voluntary or tile: zeault of acceleration due to roy default under thi~ Note or the Security Instrumont. Except as provided in Ihe section entitled 'loan Charges" (if any), the Note Ilolder carom any prepaid finance charge at the time the loan is made and no part of it will be refunded if ! pay in full ahead of gh~ule.' 2. The section of the Note regasding epplication nf payments I~ hereby amended by adding prepayment charges to the list of charges which will be assessed separately. CAROLYN M. ~HEAFFER (Seal) (Seal) 027USM THE LENDER HA~ NO'~LIGATION TO PJ~INANC'E Tlt~q LOAN AT THE END OF IT~ TERM. · THEREFORE, YOU MAY BE RF~UIRED TO REPAY THE LOAN OUT OF ASSET~ YOU OWN OR YOU MAY HAVE TO FIND ANOTHER LENDER WILLING TO REFINANCE TIlE LOAN. ASSUMING Tills LENDER OR ANOTHER LENDER REFINANCE8 Tills IX}AN AT MATURITY, YOU WILL PROBABLY BE CHARGED INTEREST AT MARKET RATES PREVAILING AT THAT TIME AND SUCH RATI~ MAY BE HIGIIER THAN THE I~ITERF.,ST RATE PAID ON THIS LOAN. YOU MAY ALSO HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED Wt'tH A NEW MORTGAGE LOAN." In the State of New York, if the Security Instromeot which secures the Note ts a second or junior priority Security Instrument then the following notice applies and e new provision is edded ss follows: "DEFAULT IN THE PAYMENT OF THIS LOAN AGREEMENT MAY RESULT IN TIlE LOSS OF TIlE PROPERTY SECURING THE LOAN. UNDER FEDERAL LAW, YOU MAY llAVE TIlE RIGllT TO CANCEl, TIHS AGREEMENT. IF YOU IIAVE Tills RIGHT, THE CREDITOR IS REQUIRED TO PROVIDE YOU WITH A SEPARATE WRFFFEN NOTICE SPECIFYfNG THE CIRCUMSTANCES ANll TIMES UNDER WIIlCI! YOU CAN EXERCISE TIHS RIGHT." 18, A provision is added to the Note as follows: "ADDITIONAL SERVICING FEES: In edditlon to charges specified elsewhere in this Note. in the Security Instromeot given to senure this Note, or in my other ag~me~t tn cor~eotton with this Note, I agree to pay, to thc fullest extent not prohibited by applicable inw. the following if charged In connection with this loan: any fees imposed by the Lender's discharge or salJsfactlon of lien(s) (whether upon payment in full, acceleration or maturity); payoff quotes/charges: delivery charges; inspection fees and/or payment history charges." 19. A provision is added to the Note as follows: A. "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 Ibc jurisdictionin which the property defined in the Security Instroment as the 'Properly' is located. In the event of e conflict between ~ny provision of this Note and any such law or regulation In effect ss of the date of this Note, such law or regulation shall control to the extent of such conflict nod the confliotiog provision cotualned in this Note shall he without effect. All other provisions of this Note will remain fully effective and enforceable," In the States of Maryland, Minnesota and Ohio a provision is edded to the Note ss follows: Mnrylnnd: The Lender elects to make first mortgage loans under Md. Com. Law Code Ann. title 12, subtitle I nnd the Lender elects to make second mortgage loans uodcr Md. Com. Law Code Ann. title 12, subtitle 10. Minnesota: If one of the boxes below is checked, the Lender is extending credit and thc interest rate on this Note is charles.d, pursuant to the specified provision of the Minnesota Statutes: [] Sections47.20 and 47.204 [] Chapter 56 [_] Other: Section . Spe(:~ ~mion Ohio: If this is s first mortgage loan. such loan is made putzuaot to section 1343 of the Ohio Revised Code as preempted by the usury provisions of Public Law 96-221, and the terms of this loan ere not subject to any provisions of the Ohio Mortgage Loan AcL 20. If the No~e is secured by a second or junior lien on teal property located in the Slate of Iowa, then the followlug provision applies: Unless otherwise preempted by spplicnble federal or other law, the attorneys' fees provision in the scotion entitled, 'Payment of Note Holder's Costs nad Expenses" is deleted in I~s entirety. 21. If the Note is assigned or transferred, all or a portion of this Addendum to Note may he voided at the option of the assignee or transferee. Any terms and provisions of the Addendum to Note which are voided will he governed by the original terms and provisions of the Note. BY SIGNING BBLOW. Borrower accepts and agrees to the terms and provisiom contained in this Addendum to Note. ~r_~/-/-.-~. ~ (Seal) CAROLYNVM ~ SHF~FFER~ Borrower (Seal) ~orrower ($e~l) (Seal) (Seal) .(Seal) {{ottowet Borrower _~m~WHEN RECORDED MAIL TO: (~ BENSALEM, PlilINSX'LXrANIA 19020 MORTGAGE THIS MORTGAGR ('S~u~ty ~tmm. eat') i~ ~v~a o~ The mortgagor is CAROLYI~ M. SlmAPFER 5' oov OoH ("Borrower"). This Security I~strument is given to ARLINGTON CAPITAL MORT(IAGE CORPORATION whl~ is or~ and ~xist~ uad~ 6ae laws of D~IAWAIUt , ~who~e~u~dn~sis 2 61REI~NWOOD S(~JAI~, ~UUA'~ 200, BRN!q},T.I~M, PENNSYLVANIA 19020 ('LenderT). Borrower owes I.ender thc principal sum of SIXTY-FOUR THOUSAND gI(;aT HUNDRED AND NO/100 Dolisn (U.S. $ ~, a00. o0 ). This debt is evldenord by Borrow~'I ~ ~ ll~ ~ date as this Security Instn~ment ("Note'), whie~ provides for monthlypaym~ts, wl~thefulldebt, if not paid earlier, due and p~abl¢ on SEPTm4aER 1, 2030 . This Security Insmmaent seeur~ to lender:. (a) the repayment of tl~ debt evidenced 'ay the Note, with tnler~t, and all renewals, extemlons and nmdtfieaflon~ of th~ Note; (b) ~e tatyment of ~1 other sums, with Interest, advanced under par~ 7 to pRRect tl~ ~curlty of this Seenfity Inmmnent; md (c) the performance of mortgage, grant and convey to Lender the following de~dbed pnapen'y located in CuNB~ County, Penn~lvanla: LEGAL DESCRIPTION ATTACHED HERETO AND M~DI~ A PART RifF which has the address of 2.471 SPRINg ROAD, CARLISLE Pennsylvania 1'7012 ('PTogen7 Address"); PENNSYLVANIA - Shale Fendly - I~'MA/I~ELMC UNIFORM INSTR~ ,0o :t635" .?85 th~ S~urity lnstmmmt. All of ~mbr~, of ~. 2. ~ for Tax~ ~d lmn~, Subj~ ~ ~p~b~ law ~ to a w~ w~r ~ ~, ~wer sh~t pay W ~r on ~c day ~n~y p~U ~ d~ ~ ~ No~, ~ ~ N~ h ~d ~ ~. a sum ("F~ds*) for: (a) F~s ~ ~e ~se for whi~ 3. A~fl~ of ~= U~ ~pl~ hw F~rm 303~ 9~0 4. Clm~es; J2ens. Bon~v~ ~dl pay all ~tr. er. ~se~m~.~,; cherges, fin_~ ~ti imposition~ et~butablc to,thc Property which mey attain priority over this Security Instnune~, end leeschold pv. lm~_ !_~ or ~J'unnd re~s, if eny. Borwwer shell pay these obligations in the ~ provided in pe~,r~h 2, or if not paid iii that rn~n~r. Borrower shall pay~bem on ;in~ directly to ti~ pc~on owed paym~t. Borrower sh~l promptly fu_,~.h to Lend~ all notices of amounu m be paid under this peragr~h. If Borrower untkes these peyments direct, Borrower sind] promptly fu~ish to Lender receipts Bonnier ~' promptly dL_~c'~_~%,e eny lien which ~ priority over this Security ~..~ unless Borrowe~. (a) agrens in wfltl~ to the payment of the obligation secored by ti~ lien in a ~er acce~ble to Lender; Co) contnsts in good faith the lien by. or da/rods ~!n~ eufo~ of the lien in. legal proccedin~ which in the Lender's opinion operate to prevent the en/oreemen~ of ~e lien; or (c) secore~ from the hold~ of the liea an agreement uthfa~tor~ to Lender subor- d~ati~ the l/eh to tl~ Senufi~y instrume~. If Lender d~n~ th~ ~ny pa~ of the Propen'y is subject to a lien which may =t~ priority over ~is ,~cudty inrmm~. ~__.~__~ .~, ~ive Bon'ow~ e notice tdem/fyin~ ~e lien, Borrow~ ~a~l the lien or tak~ eno or more of the actions m fo~h above within 10 d~s of the F, ivi~ of notice. 5, Nm.~rd or Property Imurauce. Borrow~ an!! keep tl~ ~mv~Is now exis~/n~ or he~fler erected on ~e Probity insured ~ainst loss by fl~e, s='-~.ds included within th~ ~ '~xtem/ed coverage" ~l ,ny o~er bazar, including floods or flooding, for which Lemier require~ lnmmmce. This imutance ~ be .r,~,~(~d in the mnounts and for the. pofiods that L,~d~ roquires. 'i'he imurence cm'ier providi~ ~e insurance shall be clmsen by Borrower subject ~o Lemter's approv~l which =h,~t~ not be unre~annably withh~d. If Borrower fails ~o m~tnt·~ ~'~c d~ib~d above, Le~de.~' may, at Le~ler's option, ob~n coverage to pmea Lend~'s ~ in ~e P~m'y in ~ccordan~ ~ pac~raph 7. All insurance polld~ ~ renewals ~all be ~table to Lender end shall hclude e ~ud mo~'.~e danse. Leto/er shall have the right to hold the polici~ end re~v41s. If Lmd~ n~quires, Borrower shall promptly ~lve to Lo.or ail receipts of paid premiums .nd ~enewei notices, in the ev~t of loss, Borrower shall ~ivo prompt notice to the insurance can'~ md I~.,~. h~_er may m~ proof of 1o. if not ~ promptly by Borrower. Unlm Logier ~ Borrower othen~ise ~ in wr~i.8, Imu.mce proceeds d~ail be ~plied to ~tomlon or repair of t~ l~ope~ly damaged, if ~he re.or, ion or u~lr is economic~y feeble end i _.'~er's security is not lmmed. It' ~e . rertomion or repair is no~ economically feeble or Lender's security wo~ld be lessened, t~e insurence proceeds sh~] be applied W the sums ,ecored by tiffs ,~rky h~m~*, wbetl~' or not t~n due, with eny excess paid to Boreov.~r. If Borrower ~/ons the Properv/, or does no~ answer wl~i~ ~0 days s no,ice from Lend~ ~t thc insu~mce carrier has offmed W se~e ~ chim, ~ce Len/er may collect the ~ proceeds. Le~inr may nsc tbe p _~____. to repair or re~0m the Propen'y or to pay sram sccored by tiffs Secuflty Instrument. whather or not then due. The ~0..~ay period will be~in when the no,ice is ~iven. Unle~ ~'__._.n,ter end Borrow~ othmvise agree in wrl~ng, ~my application of pr~__~_!s to principal shall not exland or postpone the du~ da~e of the monthly payrolls referred to in p~ragr~ph~ I and 2 or change the mnount of ~he payment. If under paragraph 21 ~he Pwpe~y is acquired by Lender, Borrow~s fi,?,ht to eny insumnc~ policies and pwcends resultin~ from ,~,-,,~.$e to the Proper~y prior to thc acquisition shall p~ to Lender to the ex,em of t~e sums secured by this ,~urity hsmune~ lmmedi~eiy prior to the ~/uisitien. 6. Occmp.~cy, Pr~ervation, Mahite~muce und Prote~on of the Propertyl Borrow~r*s Loan ApIfllca/ion~ Lensuholds. Bon~ower shall occupy, eatablish. ~d ~e tho Prope~'y u Borwwer's principal r~ider~ within sixty days after the execution of this Seeufliy hs~t and ~11 conthme to occupy tho Pwpe~ as Borrower's prlndl~l residence for le~t one ye~' after the da~e of noc~uncy, m~e~ Leml~ otberwl~ ~ in writing, which con~n~ =hnll not be uoreasonably wllbbeld, or unless extenu~lng ~ ~ wklch m b,~md Bon'ow~ s control, Borrower ,hall no~ d~'oy, damco or imp~r the Pto~ly, ~low ~o l~openy to/atoriora~e, or commit waste on the Pmi~Y. Borrower be in default if eny fodeitore act/on or p _wo~___ing, wlz/ber civil or orimind, is be~,un ~ in Lm~r's ~ood f~/th judgrae~ could result in forfeiture of t~ Prope~ or otlm-wise ~ly impair the li~ created by this Seedily in~trum~ or' Lender's seeudty i~erest. Borrow~ n~y c~e ~ch · dofault ,nd rel~, as provided h parr~h 18, by _,:_~_~in~ the action or proceed/n8 to be d~ml,~t wi~h · ndin~ th~, in Len/~'s good faith dem'm~sttea, p~.~_~ fodcitore of Borrower's interest in ~e Prope~ or otis' mate~hl i~_ r of the tim c~ed by ~his Security hstmme~ or Lender's security in'/ere~. Borrower sh~l ~o be ~n de/mit if Borrower, ~ ~be inan ~pllcmion linde., ~ ~,-.4ally faiee or inacenr~te tnfon~lun or smemm~ ~o ~ (or felled to provide Lender wi~h m~' m~_,~iai ioform~flun) in com~ection' with the loan evide~i by the bloke, including, bu~ no~ limiusl to, repr. anmions concerning Bon'ower's occupancy of the Propen'y as a pdneipa~ residence. If this ,~'~ity Instrument is on & lesschold, Borrower shell comply with ail Ihe provisions of ~he lease, If Borrower acquires ~e title to the Propen~y, ~he leasehold a~d the fee title shall not mer~e unle~ Lender agrees to the mer~er in writing. P'E~qSYI,¥ANIA - Shsle Pamliy - ~C I./NII~ORM ~ .?8? · ' 7. P~oteetion of Lender's Rights In ~e P~m~y. If i~mo~t' ~ to perform the coventuU and contained in ~is ~lty !~, or ~ b a ~ p~ ~ ~ s~F~Oy ~ ~'s ~ ~ (~ ~ n p~ in ~, p~, for ~ion or ~ or m ~ la~ or ~ul~i~), ~ ~ ~ do ~ p~ for w~r ~ ~ ~ p~ ~ v~ of ~ P~y ~ ~'s ~ ~pe~y. ~'s ~i~ ~ i~u~ ~g ~y ~ ~ ~ a Ii~ w~ ~ p~o~ o~ ~ 8~rl~ ~t, ~y ~oun~ ~ ~ ~ ~ ~ ~h 7 ~1 ~ ~i~ ~bt of ~w~ ~ by ~y~t. ~ ~t, ~ ~ p~ ~ p~ ~ ~ ~ ~ ~g~e ~ ~ eff~. If, for ~on, ~ ~e ~ ~ ~ by ~ I~ ~ ~ to ~ ~ ~, ~ ~ · e I~ ~v~e I~ or ~ ~ ~ in e~. ~ will ~t, ~e ~ ~ ~ p~ts ~ a loss ~e l~r~ ~e (~ ~e ~ ~ ~r ~ ~ ~t ~ ~l~) ~ by ~ ~ ~pm~ ~ ~ ~ ~ ~le ~ ~ ob~. ~ sb~l~ ~ ~ ~ ~ ~ m~ ~g~e ~ ~ e~, or to pm~de s 1o~ ~, ~ ~ ~ for ~e ~ ~ ~ ~ wl~ ~y ~en 9. ~. ~ ~ ~ ~ ~n~e ~le ~ ~ ~ of ~ ~. ~ ~1 lO. ~~ ~ ~ of ~y a~ ~ ~ for d~sg~, d~ ~ ~, In ~ion ~ ~1~ or ~ ~ of ~y ~ of ~ P~, or ~or ~v~ In I~ of ~on, ~ h~y ~~to~. ~t, ~ or n~ a~ ~, wi~ ~ ~ ~ m ~w~. ~ ~ ~ of a ~M ~ of ~ ~ · e ~ ~ by ~is ~ I~ ~1 ~ ~ by ~e ~ of ~ p~ ~l~ ~ ~c foHow~g f~ion: (a) ~e ~ ~t of ~e ~ ~ ~m~y ~o~ ~ ~, d~vl~ ~ ~) ~ ~ ~t v~ of ~e ~ ~a~ly ~fo~ ~ t~. ~ ~ ~n~ ~ p~d ~ ~. ~ ~e ~ent of a p~ ~ of ~c ~ ~ ~ or ~e a cl~m ~r ~, ~ f~ to ~ ~ ~ ~ ~ d~ ~ ~ ~ or~s~~~w~or~t~. U~ ~ ~ ~ o~ ~ ~ ~, ~ ~ of p~ ~ p~ ~1 not ~d or ~st~ne ~ due ~ of ~ ~ly p~ ~ ~ ~ ~s 1 ~ 2 or ~e ~e ~ of ~ 11. ~ N~ ~[ F~ By ~ N~ n WMv~. ~lon of ~e tt~ f~ ~y~ or ~1 not ~ ~u~ to ~ ~ s~l~,~ ~ ~r ~ ~t or ~ ~ ~ ~ ~r p~t or o~ modl~ ~onof ~ ~ ~ ~ ~ls S~d~ ~ ~ ~ of ~ ~ ~ by of para~'aph 17. Borrower's COV~nnntqt S~ ~ ~thn~ b~ jolt ~ ~. ~ ~W~ Wb~ ~]~ ~S ~ s~u~ ~ this ~ l~t; ~ (c) ~ ~ ~ ~ ~Y o~ B~ ~ ~ m ~t~, 13. ~n C~. ~ ~e l~ ~ by ~ ~ I~t ~ mbj~ to a ~w w~ ~s ~um ~ a dl~ ~nt to ~r. If a ~ ~ ~, ~ ~on ~H be ~ ~ a p~ prat wi~out ~y p~ay~ ~e ~ ~e No~. 14. N~c~; ~y notl~ ~ Bo~w~ p~ ~r ~ ~ S~ud~ I~t ~1 ~ ~v~ by delive~g it or ~11~ it ~ tim cl~s ~1 ~l~ ~li~le hw ~ ~ of ~ ~. ~ ~i~ ~ ~ ~ to ~e P~ Add~ or ~y o~ ~ ~ ~ by no~ lo ~. ~y ~l~ W ~ ~1 ~ givm by clm ~1 to ~'s ~ ~ ~ or ~ o~ M~ ~ ~te~ ~ ~ W Bo~w~. ~y noti~ pw~ for ~ ~h ~ l~m~t ~l ~ ~ ~ ~ b~ ~ ~ Bo~ or ~r wh~ ~v~ ~ pw~d~ ~ ~ ~mph. 1~, ~v~ng ~w; ~bffi~. ~h ~ I~ shn!l ~ ~ ~ f~ hw ~ ~ law of judMi~ ~ whi~ ~ ~ Is 1~. ~ ~ ~ ~ ~y pmv~ or ~ of ~ ~ I~t or ~ N~ ~fli~ wi~ ~li~le ~, ~ ~ s~sll ~ ~ ~ p~ of ~ ~ ~ ~ ~e N~ ~i~ ~ bo glv~ ~ ~out ~e w~ p~vts~. To ~s ~ ~e ~m of ~ ~tl~ ~m~ ~ ~ Note ~ ~ ~ ~le. 16. ~s ~py, ~ ~s~ ~ ~ o~ ~ ~ of ~ No~ ~ of ~ ~ ~. 17. ~ ~ ~e ~ or a Bm~l ~ ~ B~, H ~ ~ ~y p~ of ~e Pm~ or lnt~ h it h sold or ~ (or ff a b~ in~ h ~ h wM or U~f~ ~d ~r ts ~t a pe~n) wi~out ~'s p~or ~R~ ~ ~ ~, ~ I~ o~, ~ t~ ~t ~ ~l of ~ ~ by ~ ~ ~. Howev~, ~h ~ ,~11 ~ ~ ~ ~ ~d~ if ex~ ~ pm~i~ ~ I~ ~ of ~e d~ of ~is ~ ~t. of not l~s ~ 30 days ~m ~ d~e ~ ~fi~ is ~lv~ ~ ~I~ ~n ~ Bo~wer m~ p~ ~I su~ ~ ~B S~ ~t. If ~ f~ w ~ ~ ~ ~or w ~ ~on of ~is ~od, ~d~ ~ invo~ 18. Bo~w~'~ ~t W ~ If ~ ~ ~ ~, ~w~ ~ ~ve ~e fl~t ~o~mt of ~ ~ ~t ~ ~ ~ ~!~ prior ~ ~ ~H~ of: (~ 5 ~s (or m~ ~ p~i~ ~lt~le 1~ ~ ~i~ f~ ~t) ~ ~ ~ ~ ~ ~ ~ ~ ~ of a~c ~ in this ~ I~; or ~) ~ of a j~ ~ ~s ~ ~. ~ ~iti~ ~ ~ Bo~: ~ui~ to ~ that ~ 1~ of this ~ ~, ~'s ~ ~ ~ ~ ~ ~w~'s ~lt~agon to pay s~t ~ ~ ob~ ~ ~ ~I ~ ~y e~ ~ if no ~Qon ~ ~. Howe,, this d~t to ~ s~l ~ ~ly ~ ~ ~ of ~ ~ ~ 17, I9. ~e of No~ C~e of ~ ~. ~ N~ or a ~ ~ ~ ~ Note (~ wi~ ~ ~o~ ~ ~ "~ S~I~') ~ ~ ~y p~m d~ ~ ~ N~ ~ ~ ~ ~t. ~ Bo~wer ~1 ~ ~v~ wfi~ no~ of ~ ~h~pie ~ ~ ~ ~h 14 ~vc ~d appli~le law. ~c will ~ ~n~tn ~Y o~ ~on ~u~ ~ ~pll~le ~w. ' 20. Hazardous Substances. Borrower shall not cau~ or permit ~ prem~ce, u.~, disposal, atordge, or ~lctwi of any Hazerdo~ Substanc~ on or in the Property. Borrower d~ll not do, nor allow anyo~c cise to do, m~hin! affcetlng thc Propow/that is ~ violation of any Havtronmeaml Law. 'rbe p __~_Ang two sentences shall not apply to the presence; usc, or storage on dsc Propen'y of mudl quantities of Hazardous Subatanccs that arc generally reco~Ized to bc appmpriatc to normal residcntial uses and to malntenan~ Of the Prol~'ty. Bonower shall promptly give Ltmder written nctic~ of any investigation, claim, demand, lawsuit or other action by erO' govcn~nw~?*! or regulatory ~ or private pan'y involving thc Property and any Hazardous Substance or Havironmcatal Law of which Boranver has actual knowlcd~. If Bonmver Icmm, or is notified by any govcnunea~ or rngulatoU authority, that any rcmoval or other remediatlon of any Hazardous Sabstancc aff~cting thc Prol,cay is necessary, Borrower shall promptly take all ncceasery remedial Itctious in accordance with ~lvironmcatal Law. As used in this paragraph 20, 'Haza~lous Submncc~* ato those substances defined as toxic or hazardous substances by Bnvironmental Law and the following substances: gasoline, hetoscoe, other flammable or toxic petrolcum prnducls, toxic pesticides and herbicides, volatile solvents, materials contalnh~ asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, *Ba, tiromneand LaW* means federal taws and taws of thc jurisdic~on wbe~ thc Property is located that rclate to health, safcty or environmental protection. NON-UNIFORM COVENANTS. Borrower and !-ader further covenant and ag~ce as follows: 21. Accel~ratton; Kem~t~s. Lender shall ~lvt n~lce to Borrower prior to aceslmdion following Borrower's breach of any covenant or ngresmeat in this Sec~ Instrument (but not prior to acceleration under paragraph 17 unless applicable law providas otherwise). Lender shall notify.Borrower of, amon~ othm' thin~s: (a) the default; Co) the astion required to cure the d,,e~,,,tt; (c} when the de, mit must be cured; and (d) that failure to cure the defautt as sper~led may result In acceleration of the ~ seem'ed by tlds Seenrity lastrummt, fordosare by Judicial proccedln~ and sale of the Property. Leader slmll fmther fnform Borrower of the right to rehmtato aft~ aceeteration and the right to assert in the forerlo~uce procesdin~ the non-exL~_o~ of a default or any other defcose of Borrower to acceleration and foreclosure. If thc default is not em*ed as spedfied, Lender at its option may require hnmedlate payment in full of all pwn, secured by this Sermtty Ingtnlment withont further demand and may foreclose this Security Instrument by judicinl procee~n*,. Leader sholl be entitled to collect all expsasas Incurred in purenin~ the remedies prmdded In thts paragraph 21, including, but not limited to, aflorneys' fees and casts of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secu~xl by this Sccurlty lustntmeat, this Sccutlty Instntment.and thc estate conveyed shall terminate and become void. After such occurrance, Leader shall dischargc and saris'fy this Sccurity lushn.~ment without chargc to Borrower. Borrower ~ltl pay any x~erordation costs. 23. Waivers. Bon'ower, to the extent pertained by applicable law, waives and ~elesses any error or defcets in pro- _ _,>,j~_ ~ia~s to enforce this Scenrity Insu~_-,~.~A, and hereby waives the benefit of any prescnt or fotorc laws providing for stay of execution, extension of time, exen~ion from stm:hment, levy and sale, and homestead exemption. 24. Rdustatement l~-tod. Borrowers time to reinstete provided in paragraph 18 shall extend to one hour prior to the commeacemeat of bidding at a she~ifTs sale or othe~'sale pursuant to this Securlt~ Instrument. 2~. l'urchese Money Mort~nge. If any of the debt ascm*ed by this Socuflty Imtramcat is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mottsag¢. 26. Interest Rate After Judgmcot. Borrower ngrem that the interest rate pa)able after a judgmcnt is entcred on thc Note or in an action of mert~age foreclosure shall be the rate pa}'shle from time to time under the Note. 27. Rfders to tlds Secerity lastmmmt. If one or more ridm ate executed by Borrower and recorded together with this Security Instr, m,~t. the covenam and a~rcemsots of each such rid~ shall be incotporat~ into and shall amend and supp!-_,~.t the covcoents and a~.eenmus of this Security Insm~ ~,,~'~t as if the rider(s) were a pan of this Security Instrument. [Cbeck applicable bex(es)] [] Adjustable Rate Rkier [] CondomtnhunRtd~r [] l-4PamilyP, i~ler [] Graduated Payment Ri~er [] Planed Unit Dev~opmsat Rider [] Biweekly Payment Rider [] BalloonRlder .r=] Rate lmprownent P, Mer [] Sceond Home Rider [] oth~s) [specify] LEGAL ATTACHED ADDENDUM TO SECURITY INSTRUMENT Borrower Borrower PE~4SYLVANXA - $1n~l~ ~unily - ~qdM&fJl~.,/~C T2~TITq~RM e0odG35.~ .79t' ,,ILL that certain lot or ground with the improvements thereon erected situate in Middlesex Township, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point (a stake) in line of land now or formerly of Peter Schuchman and Annie E. Schuchman, his wife, which point is also a comer of other lands now or formerly of Peter Schuchrnan and Annie E. Schnchman, his wife; thence eastwardly along said lands of Peter Sehuehman and Annie E. Schncb. man, his wife, a distance of 10 feet to a point (a stake); thence Southwardly along said lands, a distance of 19 feet to a point (a stake); thence still along the said lands eastwardly, a distance of 172 ½ feet to a point in line of tands now or formerly of H. R. Gutshall; thence southwardly along lands of the said H. R. Gutshall, a distance of 33 feet 3 inches to a point (a stake) in line of lands now 'or formerly of Melvin Long and lands now or formerly of John Eber~ole; thence westwardly along lands of the said Melvin Long and lands of the said John Ebersole, a distance of 174 feet to a point (a stake) in line of lands of the said Marshall E. Hurley and Crrace V. Hurley, his wife; thence northwardly along said lands, a distance of 53 feet 4 inches to a point (a stake), the Place of BEGINNING. BEING the same property which Peter Schuchman and Annie E. Schuchman, his wife, granted and conveyed to Marshall E. Hurley and Grace V. Hurley, his wife, by deed dated November 1't, 1948 and recorded in the Office of the Recorder of Dexxls for Cumberland County in Deed Book "F", Volume 17, Page 122. TRACT NO. 2: AIL that certain lot of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point (a stake) ~n line of other lands of Marshall E. Hurley and Grace V. Hurley, his wife; thence northwardly along said other lands, a di.qance of 20 feet 8 inches to a point; thence eastwardly along lands now or formerly of Peter Schuchman, widower, a distance of 60 feet; thence ~outhwardly by the same, 30 feet to other lands now or formerly of Marshall E. Hurley and Grace V. Hurley, his wife; th,nee w~twardly by said lands 54 feet to a point; thence by the same, northwardly 19 feet to a point; thence by the same, 10 feet to a point, the Place of BEGINNING. BOOK1635P ,?92 ADDENDUM TO MORTGAGF~D~ED OF TRUST/ DEED TO SECURE DEBT/SECURITY DEED This ADDENDUM TO MORTOAGE/DI~n OP TRUST/DEED TO SECUR~ DEBT/S~CURITY D~ED(alanknownas'Seem4tylmtr~-~-~")hm~ethis 29~h dayof AUGUST, 2000 , 'Borrower*) to secu~ Borrower's Note (tbe 'Note') to ARLINGTON CAPITAL MORTC4~E CORPOP~T ION (the 'Lender") of the same date and covering the Property described in the Sec~ity fastrument and located at: 3471. SPRIH~ ROAD~ CARI~ISI~, PEI~SYI.~VANZA 1.701.3 (ln~ Adding) In ~ditton to th~ cov·nants and agrsemants made in the Security Instrument, Borrower and Lender If thc Security inmumant is · Second Mo~S~c FNMA~PHLM¢ Uniform Instnt~t~ ~hen ~e paragraph entitled. "Payment of Prindpal and Interest" is amended to include p~i,a,/mcnt chargcs as provided in any Prepayment Rider executed in connection with the Note. The ~ of thc Security inmmnent e~titisd, 'Application of Borrower's Paymmts" or aite~t~_!y "Applic~tinn of Payments,* is deleted tn its ~ and the application oF payments ts 8ovemed by the Note. Unless prohibited by eppliceMe Jaw, the paragraph of the Sccm*lty instr~! eotitisd, 'Acceleration; Remedies' or altematoly 'Leader's Riahtw tf Borrower Falb to Keep Promises a~,d A~reements,' is supplemented by adding ~ following provisions: 'Additionally, Lender may require !m,nndiate payment in ~ of the entire amount remaining unpaid (1) On application of Lendm', two or mot~ insurance companies licensed to do business in the Stato in which t!~ Pmpc~ is located, rehse to Issue Imiici~ insuring the buildings end Improvements on ~e Prope~; or (2) Borrower fails to m*k-- any paymeut zequh-ed by · senior mofl~ge, ~___,y~_ of trost, dccd to sccore debt or other security instt~.~m~__t encumbering or affccth~ the Pmpcfly or fails to keep any other promise or agreement in aw/senior mortgage, deed of trust, deed to secure debt or other (3) Any rcpres~_t~lon made or information siren to L_~dcr by Borrower in connection with Borrower's application for the lorn evidenced by the Note is raise or mialfld~,,$ in any material sespcct; or (4) Borrowor allows the Property to be used in connection with any illegal activity.' For · loan secured by Iow· real prolmtY: a. The followin~ sentence ~ _~.~__~_ to the end of the paragraph of the Security insmmaent entitled, 'Release' or aiternataly 'Redemption Pm'ind:' 'Borrower shall pay any recordation and/or offic'tal costs in connection with this mortsage.' AMOOISR,US~ ,793 Langaago is s~led to the ,%c~ity lnstmmmt as follows: "NOTICE TO BORROWER. I UNI)I~R~TAND THAT HOME~TBAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CI..AIM~ OF CREDITORS AND EXEMPT FROM JUDICIAL ,~,I..B; AND THAT BY S1GNINO THIS MORTOAGE, I VOLUNTARILY OlVE UP MY RIOHT TO THIS PROTECTION FOR THIS MORTOAGED PROPERTY WITH RILqPECT TO CLA~IvtS BASBD UPON THIS MORTOAOB." If the Sec~i~j IGsimment is a se~ld or jmtor pflofl~J ,~i~ Irish'un.hr, ~ the following applies: Unless otherwise preemt~i by ~plicable fedead or other law, the prepayment penalty and attorneys' fi~es ptovisiom from para..phs 1, 3, 7, 18 and 21 are deleted in their ealh'ety. Thc pazagraph of the Socurity Instrument eatitlcd, 'Transf~ of the Propet'ty or a Benellcial lnt.~m*~t in Borrower,' is amcacled by changing thc ~otic~ of default or acceleration to be at least 60 days if the loan ts secu~ by a secondary lien on zcal prope~y in {t~ Stato of Connecticut and at least 35 days if the loan is secu~d by a lie~ on t~al pml~rty In Ihe ,~ate of Oldahoma. For a loan secured by Kansas real propen'y, if {he Security Instrument Lq Form 3017, tl~ last sentence In the parasraph entitled, "Aceelerationl Remedies," is delcted nnd repL_*ced__ with the following: "Lender shall be entitled to collect all reasonable emtl~nSes Inevrred In pm'suln~ the remedies provided in this pnrag, raph, fndudin{, but not limited to, reasonable attorneys* fees, to the extmt glowed by applicable law." addition, the par~,/,l,~, ew~ed, "Attorneys* Fees," is deleied tu ~ e~tirety. For a loan seaned by Ohio teal !xopcn'y, the followiu~ laniumge is _,~_d_,,d after the legal descr{,ption section of the Security InsWrment: 'This mortgage Is given upon ~he statutory _~__~_ition. "~,~(~_*_oty Condition" is defined in Section 5302.14 of the Revised Code and provides senerally that if Boxmwer pays ~e indebtedness and perfonm tl~ oth~ obli~a~om secured by ~ mortgaSe, pays all taxes and as~**-,~nts, ,~i~tains Lusuran~c a~alnst fire and other h*~r& and does not commit or pexmit waste, thru ~his mongage will become null and voidS' The ~ of ~he Security Insu'ume~ entitled, 'Law That Governs This S~curlty lnstmment/Mort~e* or altemstely "Gov~'-tn*.'Law~ Severabllity,~ is amended by detetiug thc flrs~ senIeoce sad replacing it with lhe foBowing lan~c: "Pals S~ tnsmunmU droll 'oo {ovemud by federal law m~l, to ~ cxtc~ not iacomi~u~t wi~h or mot~ zcstdctlve than fe~ law or t*es, ulaflon govemin{ l.~lder, the laws of ~he jurisdiction in which, tl~ Prop,my i~ loc~.' ~dA/FltLMC s~cum'iY {NSTRUM{~rr 10. If fi~ Security ~ is a second or junior priority Security lnstrummt, then a paragraph Is added tO the Security Iustnmlmat as ~llows: 'WAIVI~ OF RIGHT TO INCRY...~ I~IOR MOR'I'GAGE~DI~I) OF TRUST. Bon'owcr hereby waives Bormwe;'~ ttsl~tt ii' any, to increase ~y senior deed of trust, mm~agc or other security instrument on the Property u=ler my provision mn*.i-ed the~tn governing optional futura ~]vances, and, to the extent permitted by law, waives Bon~ver's fights under shy law which providcs for an ~ of said prior deed o~ tm~ 'mortgage, deed !.o se~m~ debt or other security instrument to pay for repairs, improvements, ~'cplacements, taxes, nmaicipal liras, usessm~ts or o~er charses on the Property. If, notwithstandins ~be foregol~ waiver, such funds are advanced to or on behalf of Bon'owc~, whether voluntarily or invo!.'~arMy, Box'rower agt~s that Lender, at its 1 I. A provision is added to the Security Imtmment as follows: 'Borrower hereby acknowledges receipt, without charge, of a true copy of thc Security Instrument.' 12. Escrow Waiver [] If the box above h~s bi~n dtcc]~l, Leader ,,valves ~h~, requirement for Borrower m make payment to Lender for thc escrow Items refen~ to in the paragraph of ~he Security Instrument emltlcd, · FundsLMonthly Payments for Tsxzs and l~aranee,' Borrower shall pay ~ obllgatlonson ~ direcdy to the person owed paymmt, Borrower shall promptly furnish to l.c~der all notices of cntttled. 'Tonds~Momthly Paymes~s for Taxes end Insurance," if Bormwe~ defaults tn the paymetxt of such e~crow i~ems and such de~t is not cu~d whtdn the time set forth in any noticc ~ to accouat as a ~ondition to cloa~ the Iota. If L_,o~_ _~ z'equire$ Bon'ow~r to m,.t~ laqnn~ to I.,¢ndcr as px~,idcd he:~, ~he provisions of tl~ lmragraph of *he ~-°~2e'-~wi~ Insmmmit catitled, · IMa~Mouthly Payments for Tax~ aud Insurance" will be la full force and effect. 13. A para~,'aph is added lo ~h~ Securi07 Insm~mmt aa ~H~s: "~R~ ~AC~ ~S~CE. U~so~pm~bi~by ~ll~lelaw, lf~ not pmvi~ ~ wi~ ~d~ of ~ ~ (~r ~ ~ of ~u~ ~ ~ ~u~ ~'s ~. ~is ~ ~, ~ ~'~, p~t~ ~w~'s i~, ~ ~v~ ~t ~~ my ~p~ ~y ~~ ~ or ~y ~ ~ ~ ~t ~. ff ~ ~ ~ for ~ ~, ~ ~l be ~o~blc ~r ~ ~ts p~ of ~ ~ (~r ~*~le, a ~ ~ ~ ~ ~r p~ ~ ~ ~), ~l~e~l~of~~~ ~. ~ ~ m~ ~ ~ ~ ~s ~ o~~ ~ ~ by ~ ~ty ~y ~ ~ ~ll ~ ~ ~ ~ a ~ ~1~ ~ ~ ~ ~d~ ~w~'s ~vl~ i~ si~ot' 14. 15. 16. CAROLYN ~. SHEAFFER l~,raph ~ ~d__~4_ ~o ~ ~ L, mxum~t as follov~: ~or ~of ~ ~'s v~ ~y ~ ~p~ly ~ ~mplefi~ a ~1 ~ ~ ~e ~ ~ ~'* sole ~o ~ ~.' ~ ~: s) d~e~ ~ ~n ~, '~ ~ ~e ~p~ or a Bm~ l~e~ in ~w~." ~ b) ~ m ~e ~n ~, "~ ~e ~d M~ ~mt C~g~" ~ ~ lm~ ~ ~mJ ~ ~llo~ I~: ~y in~ ~ will n~ ~ I~ 9. 875 ~.' ~ ~t Is ~ or ~f~, gl ~ a ~ffion of ~ ~d~ ~ be voi~ option of ~ ~ or ~. ~y ~ ~ ~ of ~ Ad~ w~ ~ voi~ will ~ ~ ~ ~c ~ ~ ~ ~ S~ ~, .UqOKIG~5.mE (LIBOR 6 Month Index (As Published In 'l'ne Wall Sired ~ou'nl) - Rate Caps) TLII~ AD~USTABL~RATItRIDERismMed~is ~t:h da~of ~U~UST~ ~000 and is ineotpot'ated into and shall be deemed to amid a~i supp~ the Mottpge, Deed of Trust or Security Decal (the 'Secuflly Inm,-,w~__t') of the same dat~ sive~ by Ib~,~ (the 'Borrower') to ~u~ Bon~w~r's A~umbl~ Pu~ No~e (~ 'No~")~o ARLIN~TON CAPITAL MORTC4~E CORPORATION (th~ 'L~d~r') of the sam~ d~ snd ~o~fn~ ~h~ ~ dcs~tb~d in fll~ S~u14~/Instrument and located 3471 SPRING ROAD, CARLISLE, P~NNSYL3rANIA 17013 't~t~ NOTE CONTAINS P~O%"~qlONS ALLOWING FOR(~qGF~ RATE AND 't't'l~ MO~rH1.y PAYME~. THE NOTE Z3M1TS THE AMOUNT 'rlJ~ BORROWER'S lh't~,KK. ST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATI~ TH~ BORROWER MT.J~T PAY. ADDITIONAL COYENA~S. In addition ~o th~ covea~ and ~ ~ in the Secufl~, Instalment, Bon'ower and lender fmlher covea~t and a~me ~s follows: A. 1NIT. RF.~ RATE ~2,~D MOI',ITIILY PAYMENT CHANGES ~Not~providesf~rminitialinte~slrmof 10.875 ~.'l~No~provid~sfor~-$esin the int~t ra~ m~d che mo_.fl,!y ~ __ !~, is follows: 4. INTEREST RATE AND MONTHLY PAYMI~NT CHANGES (A) Clm~e htes Theinterestratelwlllpe/nl~,f'~,*,_~onthe let; dayof SEPTEMBER, 200~andon 'that day every 6th month thereafter. Each date on whleh my tnlm~l i'nte could cl~nge is called ~ 'Change Date.' B~ginntng with the first Ch~tn~e Date, m~ tutelar rate will be based on an Indeot. Th~ "Index" is the average of interbank offered rates for 6 month II.S. ~iollar~lmominated deposits in tl~ London market ('Libor"), as published in The Wall Street Jou~mL The mo~t recent Inde~ figu~ available as of lhe first business day of the month itmnediattel¥ pt~eding the month in which the Clumge Date occurs is called the · C~n'cll. t llldcx." If th~ Index Is no to~ger available, the Note Holder will choo~ a new index that is based upon comparable information. The Note Holder will ~ive me notice of this choice. (C) Calculation of Before eaoh c~s,~,e Date, the Note Holder will calculate mY new tnt .,~,~t rate by sddin~ SIX AND 65/100 ..... pen~atqepoim($)( 6.650 fG) toth¢ Curreat Index. The Note Holder will then round the resul~ of this addition to ~ nean~t one-eighth of one percentage point (0.12~'&). Subject to ~ ltmtts sme~ in Section 40)) below, ~hls rounded ~n~nt will be my new interest rote ~mtl! th~ next Change Date.. The Note Holder will Ihea determine lbo amount of the monthly payment fl~at would be mff~Jent to repay the unpaid principal that I'am expected to owe at the c, hs,~ Date in full on the Maturit3, Date at m~ n=w inte~,t rate in substantially equal palflneats. The 'zesult of this calculation will be the new amount of my monthly payn~nt. (AS pIJ~l.~l~rl Ilq ~ WALL STR~ILT jO~,=MAL). ~m~bt L~. lhu.~ Mae Uulf~mt Instt, ument Form 3138 ~4 orleuthan 9.875 ~.~,my h~me will never be increased or d~'eesed on any sin~l~ ~*-!e D~ ~e~s)( 1.000$)~of~l~p~fortep~ 6 ~.My~ll~~ 16.875~. My~t~e~l~s~ 9.875 ~ ~ve ~ly ~t b~ ~ ~ ~ ~ p~ d~o a~ ~ ~c D~ ~ ~c ~t of my ~ly ~ N~ Hol~ ~11 ~iv~ or ~ ~ ~ a nog~ of ~ ~sn~ ~ my ~ ~ ~ ~ ~o~t ~ ~ ~ ~ bc ~v~ ~ ~ ~ ~o ~ m~ of a ~ w~ wHl ~ ~y qu~tion I ~ ~vo ~ ~e nofi~. B. ~'~ OF U~fom ~v~ 17 of ~ ~ ~ h ~ ~ ~ ~ ~U~: ~ or ~ ~ ~ R ~ ~M or ~f~ (~ ~a~ ~ ~ ~ ~ ~ld or ~ ~d ~t. Ho~, ~ ~ ~ of ~ ~ of ~ ~ ~m~L ~ ~ ~1 ~ ~ ~op~. if: (~ ~ ~ ~ ~ ~ ~ L~ ~o~ ~ ~ ~ ~ ~u~ ~t ~ g~ of a b~ of ~ ~ ~ ~t ~ ~ ~ ~t · ~le ~ ~d~. ~ p~ ~ ~ ~ ~ ~ Note ~ In ~s ~ l~t. ~ will ~n~ to ~ o5~ ~d~ t~ No~ ~d ~ S~ ~t ~ ~ ~1~ If ~ ~ ~e ~fl~ ~ ~ i~ ~ ~ ~I, ~er ~1 ~ve ~ ~of ~. ~ ~et~ ~ a ~ of ~ 1~ ~ 30 ~ ~s ~ty MT.rLTIb~FA'I~ AG/TJSTABLE PATE RIDER-I.~OR 6 MONTH INDEX Form 3138 694 BY SIGNING BP. LOW, Borrower accepts and agrees to the terms ami covennnts contained In pages 1 and 2 of this A~ju~ble l~te Rider. SHEAFFBR ~ ~%owr (Seal) COMMONWEALTH OF PBNNSYLVAN~A COUNTY OF CUMBERLAND On this, the 29th day of August, 2000, before me, the undersigned officer, personally appeared Carolyn M. Sheaffer, known to me (or satlsfaetoHly p~ove~) to be the person who~e name is subscribed to the within instrument, and acknowledged that she executed the same for the pu~oses therein contained. IN WITNESS ~WHER]~FORF~ I hereto set my hand and :6~ficial seal. (Sea].) I~LTI~TAT~ ADJU~T~IU R RAT~ R~R ~ MO~ ~ F~ 3138 · ..~': :~4~':,~./.~., S~e ~ Pen~anb 1 C~n~ ~ Cum~rland I R~r~'[~ ~i~ for the I. ~-~ '~ ' ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE August 14, 2001 CAROLYN M. SHEAFFER 3471 SPRING ROAD CARLISLE, PA 17013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. ll~ 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. Specific 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 wrI'H A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counselin~ A~encv. The name~ address and phone number of Consumer Credit Counseling Agencies Serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800- 342-2397. (Persons with impaired hearing can call (717) 780-1869). This notice contains firtportant 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 CONTINUAl{ VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HouSrNG 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 HI~OTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER CURRENT LENDER/SERVICER: CAROLYN M. SHEAFFER 3471 SPRING ROAD, CARLISLE, PA 17013 803980564 ARLINGTON CAPITAL MORTGAGE CORPORATION LA SALLE BANK NATIONAL ASSOC., CIO SUPERIOR BANK FSB HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE LIP TO DATE, THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for 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 this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed,or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set 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 THE FILING OF A PETITION IN BANKRUPTCY, ~ 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 (Bring it up to date) NATURE OF THE DEFAULT- The MORTGAGE debt held bythe above lender on your property located at: 3471 SPRING ROAD, CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MO~Y MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 5/1/01 thru 8/1/01 at $677.34 per month. Monthly Payments Plus Late Charges Accrued: Attorney fee: NSF: Property Inspection: Insurance: Other: (Suspense) TOTAL AMOUNT TO CURE DEFAULT $2,892.66 $50.00 $15.00 $0.00 $0.00 $19.45 ($o.oo) $2,977.11 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT- You may cure the default wimln THIRTY 00) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,977.11 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: NICOLE ULTIMO. 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 mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your mortgage orooertv. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay offthe mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. I__f you cure the default within the THIRTY (30) DAY period, you will not be required to pa'/attorney's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER- SUPERIOR BANK, FSB ONE RAMLAND ROAD ORANGEBURG, NY 10962 (800) 451-1093 CONTACT PERSON: NICOLE ULTIMO EXT. 4034 EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may or XX may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITIJrED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. AY'rORNEY FOR LENDER NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ************************************************************************ o This is an attempt to collect a debt and any information 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 judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. If you notify our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY C¢CS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YMCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, 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. SHERIFF'S RETURN - REGULAR CASE NO: 2002-00481 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOCIAT VS SHEAFFER CAROLYN M KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHEAFFER CAROLYN M the DEFENDANT , at 2110:00 HOURS, on the 20th day of February , 2002 at 3471 SPRING ROAD CARLISLE, PA 17013 by handing to CAROLYN M SHEAFFER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this ~7~ day of ~~, ~,~ ~ /.r.~_ A.D. Pr~t~onot ar~ So Answers: o2/21/2oo2 GREGORY JAVARDIAN BY>~D~~ ~t~~' ~ 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 10/1/2000 SERIES 2000-3 ONE RAMLAND ROAD ORANGEBURG, NY 10962 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 02-481 CIVIL TERM VS. CAROLYN M. SHEAFFER 3471 SPRING ROAD CARLISLE, PA 17013 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiffand against CAROLYN M. SHEAFFER, Defend_ant, for failure to file an Answer to Plaintiffs Complaint within 20 days fi.om service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint Interest 12/21/01 to 3/29/02 TOTAL $77,090.38 1,880.62 $78,971.00 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Damages are hereby assessed as indicated. DATE: ~on't( ~ ,D~'x~2. PRO PROTHY LA SALLE BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 10/1/2000 SERIES 2000-3 Plaintiff V. CAROLYN M. SHEAFFER Defendants In The Court of Common Pleas Cumberland County No. 02481 CV TO: CAROLYN M. SHEAFFER 3471 SPRING ROAD CARLISLE, PA 17013 DATE OF NOTICE: 3/15/02 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 170,J~ (800) 990-91~ Gregory Javardian, Esquire 1310 Industrial Boulevard 1Rt Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no haber tomado la accion requiida de su parte en este caso. A1 no tomar la accion debida dentro de un termino de diez (10) dias de esta notificacion, el tribunal podra, sin necesidad de compararecer usted en corte o escuchar 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 tat servicio, vaya en persona o llame por telpfono a la oficina, cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" LAW OFFICES OF GREGORY JAVARDIAN By:. GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE LrNDER THE INDENTURE DATED AS OF 10/1/2000 SERIES 2000-3 VS. CAROLYN M. SHEAFFER COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 02-481 CIVIL TERM VI~RIFICATION OF NON-MILITARY SERVICE GREGORY JAVARDIAN, ESQUIRE, hereby verifies that he is attorney for the plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) Defendant, CAROLYN M. SHEAFFER, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) Defendant, CAROLYN M. SHEAFFER, is over 18 years of age, and resides at 3471 SPRING ROAD, CARLISLE, PA 17013. (c) Plaintiff, LASALLE BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 10/1/2000 SERIES 2000-3, is an in~itution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of ONE RAMLAND ROAD, ORANGEBURG, NY 10962. This statemem is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 10/1/2000 SERIES 2000-3 ONE RAMLAND ROAD ORANGEBURG, NY 10962 VS. CAROLYN M. SHEAFFER 3471 SPRING ROAD CARLISLE, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 02481 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due $78,971.00 Interest from 3/29/02 to Date of Sale ~ $12.98 per diem Subtotal (Costs to be added) A~tomey for Pl~iff I.D. #55669 ~/ 1310 Industrial Boulevard 1st Floor, Suite 101 Southampton, PA ! 8966 (215) 942-9690 T~RACT ~0. 1 ALL that certain lot or ground with the improvements thereon erected situate in Middlesex Township, County of Cumberland, and State of pennsylvania, bounded and described as follows, to wit: BE(~INIVING at a point (a stake) in line of tand now or formerly of Peter Schuchman and Ann/e E. Schuchman, his wife, which point is also a comer of other lands now or formerly of Peter Schuchman and Annie E. Schuchman, his wife; then.ce eastwardly along said lands of Peter Schuchman and Annie B. Schuchman, his wife, a distance of 10 feet to a point (a stake); thence southwardly along said lands, a distance of 19 feet to a point (a stake); thence still along the said lands eastwardly, a dist-_rice of 172 ½ feet to a point in lkie of lands now or formerly of H. R. Outshall; thence southwardly along lands of the said H. R. Outshail, a distance of 33 feet 3 inches to a point (a stake) in line of lands now'or formerly of Melvin Long and lands now or formerly of $ohn Eborsole; thence westwardly aio. ng lands of the said Melvin Long and lands of the said John Ebersole, a distance of 174 feet to a point (a stake) in line of lands of the said Marshall E. Hurley. and Grace V. Hurley, his wife; thence northwardly along said lands, a distance of $3 feet 4 inches to a point (a stake), the Place of BBOHqlqlNO. TRACT NO. 2: ALL that certain lot of ground situate, in MiddleSex Township, Cumberland Count, Pennsylvania, bounded and described as follows: B/~G/NN/~ at a point (a stake) in line of other lands of Marshall B. Hurley and Grace V. Hurley, his wife; thence northwardly along said other lands, a distm~ce of 20 feet 8 inches to a point; thence eastwardly along lands noW or formerly of Peter Schuchman, widower, a distance of 60 feet; thence southwardly by the same, 30 feet to other lands now or formerly of Marshall B. Hurley and Crrace V. Hurley, his wife; thence westwardly by said lands $4 feet to a point; thence by the same, northwardly 19 feet toa point; thence by the aame, 10 feet to a point, the Place of BEGINNING. The aforesaid properties are improved with a dwelling house known as 3471 Spring Road, Carlisle, PA. BEING the same premises which Grace V. Hurley, acting through her Attomey-lu-Faet, Carol A. Chroni~er, by Deed dated August 29, 2000 and recorded in the Office ofthe Recorder of Deeds for Cumberland County in Deed Book 228, Page 138, granted and conveyed unto Carolyn M. Sheaffer. Parcel Nos. 21-12-2958-015 and 21-12-2958-015A. LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARD1AN, ESQUIRE 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 10/1/2000 SERIES 2000-3 VS. CAROLYN M. SHEAFFER COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 02-451 CIVIL TERM CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plainfffi'in this Mortgage Foreclosure Action and further certify this Property is: () FHA ( ) Tenant Occupied ( ) Vacant ( ) Commercial ( ) As a result of Complaint in Assumpsit (X) Act 91 complied with GA~R~RYC~AV/~IAN, E S QUIRE orney for Pl~t'zff LASALLE BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE 'UNDER THE INDENTURE DATED AS OF 10/1/2000 SERIES 2000-3 VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 02-481 CIVIL TERM CAROLYN M. SHEAFFER AFFIDAVIT PURSUANT TO RULE 3129.1 plaintiff:in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following infotaiation concerning the real property located at 3471 SPRING ROAD~ CARLISLE, PA 17013: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CAROLYN M. SHEAFFER 3471 SPRING ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: CAROLYN M. SHEAFFER 3471 SPRING ROAD CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) None. · 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Cumberland County Domestic Relations Last Known Address (if address cannot be reasonably ascertained, please indicate) 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Ass'me 33 Westmi~qter Drive, P.O. Box 599 Carlisle, PA 17013-0599 7. Name and address of every other person of whom the pla~'ffi'has knowledge who has any interest in the property which may be affected by the sale: Nallle Tenants/Occupants Last Known Address (if address cannot be reasonably ascertained, please indicate) 3471 SPRING ROAD CARLISLE, PA 17013 I verify that the statements made in thi.q affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unswom falsification to authorities. April 5, 2002 GR~R~AVfl~ifiaN, ESQUIRE CI~ Q O LA~ OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD IST FLOOR, SUITE 101 SOUTHAMPTON, PA ! 8966 (215) 942-9690 LASALLE BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 10/1/2000 SERIES 2000-3 VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 02-481 CIVIL TERM CAROLYN M. SHEAFFER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CAROLYN M. SHEAFFER 3471 SPRING ROAD CARLISLE, PA 17013 Your house (real estate) at 3471 SPRING ROAD, CARLISLE, PA 17013, is scheduled to be sold at Sheriff's Sale on SEPTEMBER 4, 2002 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Sqnare, Carlisle, PA 17013, to enforce the court judgment of $78,971.00, obtained by LASALLE BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 1011/2000 SERIES 20003, aga'm~ you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215) 942-969O. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good muse. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will he sold to the highest bidder. You may find out the price hid by calling (215) 942-9690. 2. You may he able to petition thc Court to set askle the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If the amount duc from the Buyer is not paid to the Sheriff~ you wffi remain the owner of the property as if the sale never happenexl. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may he entitled to a share of the money which was paid for your house. A schedule of distn"oution ofthe money bid for your house will he filed by the Sheri~ This schedule will state who will he receiving that money. The money ~ he ~ out in acc, ordalw~ with thLq schedule unless exceptions (reasons why the proposed di~bution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 TRACT NO. 1 ~ILL that certain lot or ground with the improvements thereon erected situate in Middlesex Township, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNllVG at a point (a stake) in line of land now or formerly of Peter Schuchman and Ann/e E. Schuchman, iris wife, which po/ut is also a comer of other lands now or formerly of Peter $chuchmsn and Annie E. Schuchman, his wife; then.ce eastwardly along said lands of Peter $chuchman and Annie B. $chuchrnan, his wife, a distance of 10 feet to a point (a stake); thence southwardly along said lands, a distance of 19 feet to a point (a stake); thence still along the said lands eastwardly, a distance of 172 ½ feet to a point in lirie of lands now or formerly of H. R. Outshall; thence southwardly along lands of the said H. R. Outshall, a d/stance of 33 feet 3 inches to a point (a stake) in line of lands now'or formerly of Melvin Long and lands now or formerly of.rolm Eborsole; thence westwardly ale. ng lands of the said Melvin Long and lands of the said John Ebersole, a distance of 174 feet to a point (a stake) in line of lands of the said Marshall E. Hurley. and Grace V. Hurley, his wife; thence northwardly along said lands, a distance of $3 feet 4 inches to a point (a stake), the Place of BEOi]qN'/NO. ~L that certain lot of ground situate in Middlesex Township, Cumberland County, Pennsylvanie, bounded and described as follows: B/~/Y/N/V/NG at a point (a stake) in line of other lands of Marshall E. Hurley and Grace V. Hurley, his wife; thence northwardly along said other lands, a distance of 20 feet 8 inches to a point; thence eastwardly along lauds now or formerly of Peter Schuchman, widower, a distance of 60 feet; thence southwardly by the same, 30 feet to other lands now or formerly of Marshall E. Hurley and Grace V. Hurley, his wife; thence westwardly by said lands 54 feet to a point; thence by the same, northwardly 19 feet to a point; thence by the same, 10 feet to a point, the Place of BEGINNING. The aforesaid properties are improved with a dwelling house known as 3471 Spring Road, Carlisle, PA. BEING the same premiss which Grace V. Hurley, acting through her Attorney-In-Fact, Carol A. Chronister, by Deed dated August 29, 2000 and recorded in the Office ofthe Recorder of Dc~ds for Cumberland County in Deed Book 228, Page 138, granted and conveyed unto Carolyn M. Sheaffer. Parcel Nos. 21-12-2958-015 and 21-12-2958-015A. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-481 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 10/1/2000 SERIES 2000-3 Plaintiff (s) From CAROLYN M. SHEAFFER, 3471 SPRING ROAD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) 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 Due $78,971.00 L.L. $.50 Interest FROM 3/29/02 TO DATE OF SALE ~ $12.98 PER DIEM Atty's Corem % Atty Paid $108.28 Plaintiff Paid Date: APRIL 10, 2002 REQUESTING PARTY: Name GREGORY JAVARDIAN, ESQUIRE Address: 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division L~SAL'LE BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 10/1/2000 SERIES 2000-3 VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 02-481 CIVIL TERM CAROLYN M. SHEAFFER SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 3471 SPRING ROAD, CARLISLE, PA 17013: 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Grace V. Hurley 211 W. Middlesex Road Carlisle, PA 17013 Grace V. Hurley 211 N. Middlesex Road Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unswom falsification to authorities. GR~'Z~IAN, ESQUIRE April 18, 2002 Atfoffiey fob,Plaintiff LA~,V 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 10/1/2000 SERIES 2000-3 VS. CAROLYN M. SHEAFFER COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 02-481 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 I hereby certify that I have sent copies of the Notice of Sheriff Sale to the Defendants' certified and regular United States mail and all lien holders or judgment creditors of record as required by Pa.R.C.P. by first class United States mail, postage prepaid, on the date set forth below. (See attached Exhibit "A"). Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 CAROLYN M. SHEAFFER 3471 SPRING ROAD CARLISIJE, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 Grace V. Hurley 211 W. Middlesex Road Carlisle, PA 17013 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 Grace V. Hurley 211 N. Middlesex Road Carlisle, PA 17013 Tenants/Occupants 3471 SPRING ROAD CARLISI.F., PA 17013 Dated: GREG9] SQUIRE Atton~r¥or P1 ain~Mf/ ,OFFICIAL,.. USE Postage ,,,~u,~ -I i~r~ '~'~'~) ) I ],,~.,~.,~ '~o~ ............................ I Ci L USE $ $ 4.17 April 5, 2002 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: OWNER(S): PLAINTIFF/SELLER: DEFENDANT(S): PROPERTY: CUMBERLAND C.C.P. NO. ALL PARTIES IN INTEREST AND CLAIMANTS CAROLYN M. SHEAFFER LASALLE BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 10/1/2000 SERIES 2000-3 CAROLYN M. SHEAFFER 3471 SPRING ROAD CARLISLE, PA 17013 02-481 CIVIL TERM The above captioned property is scheduled to be sold at Sheriffs Sale on SEPTEMBER 4, 2002 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. You may hold a judgment on the property, which may be extinguished by the sale. You may wish to attend the Sheriff's Sale to protect your interest. A schedule of disu~ution will be fried by the Sheriffon a date specified by the Sheriffnot later than 30 days after sale. Distn~oution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Sincerely, Gregory Javardian, Esquire Law Offices of Gregory Javardian 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 10/01/2000 Series 2000-3 VS Carolyn M. Sheaffer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-481 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Gregory Javardian Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Advertising 30.00 Posting Bills 30.00 Law Library .50 Prothonotary 1.00 Mileage 31.05 Certified Mail 2.67 Levy 30.00 Postpone Sale 20.00 Poundage 126.16 Law Journal 428.15 Patriot News 347.35 Share of Bills 25.20 $1132.08 paid by attorney 01/08/03 Sworn and subscribed to before me This /o~ da~of~__ 2003, A.D.t.~]~.~,~_, , Q -)~t~,)~.. , ~ Prothonotary R. Thomas Kline, Sheriff Real Es(gl~e Deputy 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. Epler being duly sworn according to law, deposes and says: PUBLICATION COPY SALE#15 REAL F~TATE 8ALE No. Writ No. 2002.481 CMl Term LaSalle Bank National A~oc. se Indenture Trua4~e Under the Indenture D~ted Series 2000-3 Ve 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. Sworn to and subscribed before me. his 14th day/efAug~t 2002 A.D. City Of Harrisburg, DauphinCoun~j- '-~ . ~/'.~;~ ~. ~..~. I My Commission Expires June 6, 2006 I mU I/..~t~Y I"'U~LI[.. Member, Pennsylvania Assodat~on Of Nota~ 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 $ 345.60 $ 1.75 $ 347.35 Publisher's Receipt for Advertising Cost mutl/~ alo~ a~t lands, a distance of 19 fe~t . to a ~(a ~); ~ ~1 ~ ~, pubhsher of The Patriot-News and The Sundav Patriot-News, newspapers of general l~:~,a~t~ la.ma ~ receipt of the aforesaid notice and publication costs and ce~ifies that the same have ~t~ ~ ~ !~ ~ ~ f~Y ~ H; R. ' ~~y~g~of ~d H. · ~1; ~ ~33 f~ 3 ~ ~ a~ (i~)~line~s ~ or f~dy of McI~ ~ ~ 1~ e~ or oY .................................................................... f~y ~ Jo~ E~e; ~e~ wc~y ~ ~d J~ ~le, a ~s~ of 174 f~t ~ a ~t (a s~) in l~ o~1~ of ~e said E. H~ey ~d ~ EHurley, ~ wife; n~ly ~ong ~ 1~, a dis~ ~53 f~ 4 inc~ ~ a ~t (a s~e), ~e pl~e of B~G. ~ NO.2: ~ ~t ~n lot of ~uM sim~ ~ Mi~x Towns~p, Cure.rind Co~, ~syl~i~ ~ ~d ~fi~ foll~s: point (a stake) in linc of iands of'the said Marshall E. Hurley and Grace V, Hurle3, his wil~; thence northwardly ahmg said lands, a distance of 53 feet 4 inches to a point (a stakel, the place of BEGINNING. TRACT NO.2: ALL that cemlin lot of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as thllows: BEGB!NING at a point (a stake) in line of other lands of Marshall E. Hurley and Gmee V. Hurley, his wife; thence northwardly along said other lands, a distance of 20 feet 8 inches to a point: thence eastwardly along lands now or formerly of Peter Schuchman, widower, a distance of 60 feet; thence southwardly by the same, 30 feet to other lands now or formerly of Marshall E. Hurley and Grace V. Hurley, his wilZ: thence westwardly by said lands 54 feet to a point; thence by the same, northwardly 19 l~et to a point; thence by the same, I0 feet to a point, the Place of BEGINNING. The aforesaid properties am improved with a dwelling house known as 3471 Spring Road, Carlisle, PA. BEING the same premises which Grace V, Hurley, acting through her Attorney-ln-fact, Carol A. Chronister, by Deed dated August 29, 2000 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 228, Page 138, granted and conveyed unto Carolyn M. Sheaffen Parcel Nos. 21-12-2958-015 and 21-12-2958- 015A. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1754 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 true. ~ E~TATE SALE NO. 15 Writ No. 2002-481 Civil LaSalle Bank National Association as Indenture Trustee Under the Indenture Dated as of 10/01/2000, Series 2000-3 VS. Carolyn M. Sheaffer Atty.: Gregory davardian TRACT NO. 1 ALL that certain lot or ground with the improvements thereon erected situate in Middlesex Township. County of Cumberland, and State of Pennsylvarda. bounded and de- scr/bed as follows, to wit: BEGINNING at a point (a stake) in line of land now or formerly of Peter Schuchman and Annie E. $chuchman, his wife, which point is also a comer of other lands now SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST, 2002_ I I I LOiS E. ~8~. ~ Publio I mneritiS-~ Date~' as of 10/01/2000, Series 2000-3 VS. Carolyn M. Sheaffer Atty.: Gregory Javardian TRACT NO. 1 ALL that certain lot or ground with the improvements thereon erected situate in Middlesex Township, County of Cumberland, and State of Pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at a point (a stake} in line of land now or formerly of Peter Schuchman and Annie E. Schuchman, his wife, which point is also a corner of other lands now or formerly of Peter Schuchman and Annie E. Schuchman, his wife; thence eastwardly along said lands of Peter Schuchman and Annie E. Schuchman, bis wife, a distance of l0 feet to a point (a stake); thence southwardly along said lands, a dis- tance of 19 feet to a point la stake); thence still along the said lands east- wardly, a distance of 172 1/2 feet to a point in line of lands now or formerly of H. R. Gutshall; thence southwardly along lands of the said H. R. Gutshall, a distance of 33 feet 3 inches to a point (a stake) in line of lands now or formerly of Melvin Long and lands now or formerly of John Ebersole; thence westwardly along lands of the said Melvin Long and lands of the said John Ebersole, a distance of 174 feet to a point [a stake) in line of lands of the said Marshall E. Hurley and Grace V. Hurley, his wife: thence north- wardly along said lands, a distance of 53 feet 4 inches to a point Ia stake), the Place of BEGINNING. TRACT NO. 2: ALL that certain lot of ground situate in Middlesex Township, bCoUmberland County, Pennsylvania, unded and described as follows: BEGINNING at a point (a stake) in line of other lands of Marshall E. Hurley and Grace V. Hurley, his Wife: thence northwardly along said other lands, a distance of 20 feet 8 inches to a along point: thence eastwardly lands now or formerly of Pe- ter Schuchman, widower, a distance of 60 feet; thence southwardly by the same, 30 feet to other lands now or formerly of Marshall E. Hurley and Grace V. Hurley, his wife; thence westwardly by said lands 54 feet to a point: thence by the Same, northwardly 19 feet to a point; thence by the same, 10 feet to a point, the Place of BEGINNING. The aforesaid properties are im- proved with a dwelling house known as 3471 Spring Road, Carlisle, PA. BEING the Same premises which Grace V. Hurley, acting through her Attorney-In-Fact, Carol A. Chronis- ter, by Deed dated August 29, 2000 mud recolxt, ed in the Office of the Recorder of Deeds for Cumberland County in Deed Book 228, Page 138, granted and conveyed unto Carolyn M. Sheaffer. Parcel Nos. 21-12-2958-015 and 21-12-2958-01SA. to a point in line of lands now or formerly of H. R, Gutshall; thence southwardly along lands of the said H. 1~ Gutshall, a distance of 33 feet 3 inches to a point (a stakel in line of lands now or formerly of Melvin Long and lands now or formerly of John Ebersole: thence westwardly along lands of the said Melvin Long and lands of the said dohn Ebersole, a distance of 174 feet to a point (a stakel in line of lands of the said Marshall E. Hurley and Grace V. Hurley, his wife; thence north- wardly along said lands, a distance of 53 feet 4 inches to a point (a stake), the Place of BEGINNING. TRACT NO. 2: ALL that certain lot of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point Ia stake) in line of other lands of Marshall E. Hurley and Grace V. Hurley, his wife: thence northwardly along said other lands, a distance of 20 feet 8 inches to a point; thence eaatwa~ly along lands now or formerly of Pe- ter Schuchman, widower, a distance of 60 feet; thence southwardly by the same, 30 feet to other lands now or formerly of Marshall E. Hurley and Grace V. Hurley, his wife: thence westwardly by said lands 54 feet to a point: thence by the same, northwardly 19 feet to a point: thence by the same. 10 feet to a point, the Place of BEGINNING. The aforesaid properties are im- proved with a dwelling house known as 3471 Spring Road, Carlisle, PA. BEING the same premises which Grace V. Hurley, acting through her Attorney-In-Fact Carol A. Chronis- ter, by Deed dated August 29, 2000 ~e.d reeo~ded in the office of the Recorder of Deeds for Cumberland County in Deed Book 228, Page 138, granted and conveyed unto Carolyn M. Sheaffer. Parcel Nos. 21-12-2958-015 and 21-12-2958-015A. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN, ESQUIRE Identification No. 55669 1310 Industrial Boulevard 1st Floor, Suite 101 Southampton, PA 18966 (216) 942-9690 LASALLE BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 10/1/00, SERIES 2000-3 Plaintiff VS. CAROLYN M. SHEAFFER Defendant Attorney for Plaintiff COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No. 02-481 Civil Term PRAECIPE TO VACATE JUDGMENT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly VACATE the Judgment entered against defendant without Prejudice in the above captioned case. Date: July 11, 2003 ~ttomey forll~laintiff 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 10/1/00, SERIES 2000-3 Plaintiff VS. CAROLYN M. SHEAFFER Defendant COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No. 02-481 Civil Term PRAECIPE TO DISMISS COMPLAINT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly DISMISS the Complaint entered against defendant without Prejudice in the above captioned case. Date: July 11, 2003 omGO]YJ_~)/¢/.A?IAN ey ¥or ~lf~ntiff