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Home My WebLink About05-0088 LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, P A 18966 (215) 942-9690 Attorney for Plaintiff LASALLE BANK, N.A. F/KJA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/112000, SERIES 2000-4 909 HIDDEN RIDGE DRNE, SUITE 200 IRVING, TEXAS 75038 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. NO. C>S - pf C ,'..., ~ L ~l COMPLAINT IN MORTGAGE FORECLOSURE THERESA L. HART 31 EAST FACTORY STREET MECHANICSBURG, P A 17055 DEFENDANT NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 52 S. Bedford Street Carlisle, P A 17013 717-249-3166 " IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C 9 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE, THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOu. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. .. LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff LASALLE BANK, N.A, F/KIA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/1/2000, SERIES 2000-4 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TEXAS 75038 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS, NO. DS" - OuL ~8L1 COMPLAINT IN MORTGAGE FORECLOSURE THERESA L. HART 31 EAST FACTORY STREET MECHANICSBURG, PA 17055 DEFENDANT CNIL ACTION MORTGAGE FORECLOSURE 1. LaSalle Bank, N.A. flk/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement dated 12/1/2000, Series 2000-4, (hereinafter referred to as "Plaintiff') is an Institution, conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2, Theresa L. Hart, (hereinafter referred to as "Defendant") is an adult individual residing at the address indicated in the caption hereof, 3. Plaintiff brings this action to foreclose on the mortgage between defendant and itself as Mortgagee by Assignment. The Mortgage, dated November 21, 2000, was recorded on November 22, 2000 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1653, page 742, Plaintiff is the Mortgagee by Assignment by virtue of an Assignment of Mortgage recorded on August 28, 2002 in the Office of Recorder of Deeds in Cumberland County in Book 689, Page 3840. A copy ofthe Mortgage is attached and made a part hereof as Exhibit 'A', ~ 4, The Mortgage secures the indebtedness of a Note executed by Defendant on November 21, 2000 in the original principal amount of $55,250,00 payable to Plaintiff in monthly installments with an interest rate of 11.250%, A copy of the Note is attached and made a part hereof as Exhibit 'B', 5. The land subject to the mortgage is 31 East Factory Street, Mechanicsburg, P A 17055. A copy of the Legal Description is attached as part of the Mortgage as Exhibit' A' and incorporated herein, 6. The Defendant is the record owner of the mortgaged property located at 31 East Factory Street, Mechanicsburg, P A 17055, 7, The Mortgage is now in default due to the failure of Defendant to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance Interest to 12/16/2004 Accumulated Late Charges Escrow Advance Recoverable Balance Total-Fees Cost of Suit and Title Search Attorney's Fees TOTAL $54,631.59 4,195.96 171.06 1,200.83 4,094.60 32,00 550,00 1,000.00 $65,876,04 plus interest 12/17/2004 at $16.91 per day, costs of suit and attorney fees. 8, The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff s sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S, Section 1680A03c. ~ 10, The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendant by regular and certified mail on May 28,2003, A copy of the Notice is attached and made a part hereof as Exhibit 'c', WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiffs favor and against the Defendant, in the sum of $65,876,04 together with the interest from 12/17/2004 at $16,91 per day, costs of suit and attorney fees. Law offices of Gregory Javardian ~X. -::~3-~ A ........J ___ -. -. ........ . ......... -~ .,:, . ~,.. 3~3~~ Cent} '00 NOU 22 APlll 50 Lt1.S rj[,:~~: :'. Z::::~L:'::R RECOL)i.':;\ OF DEEDS CUMBERLAND. COUNTY - PA [Space Above This Line For Recording Data} MORTGAGE ACCOUNT #: 0804456291 aYj Prepa..ed by: TAMMY WILT THIS MORTGAGE ("Security Instrument") is given on NOVEMBER 21, 2000 . The mortgagor is THERESA L HART ("Borrower"). This Security Instrument is given to Alliance Funding, a Division of Superior Bank FSB which is organized and existing under the laws of The United States One Ramland Road, Orangeburg, New York 10962 ("Lender"). Borrower owes Lender the principal sum of FIFTY-FIVE THOUSAND TWO HUNDRED FIFTY AND NO/lOa Dollars (V,S. $ 55,250.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on NOVEMBER 21, 2015 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument: and (c) the perfonnance of Borrower's covenants and agreements under this Security Instrument and the Note. For this Pwpose, BOJTower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: > , and whose address is ID If this box is checked see Schedule A annexed hereto and made a part hereof. which has the address of n EAST FACTORY STREET MECHANICSBURG [City) [Street} , Pennsylvania 17055 [Zip Code] ("Property Address"); ALMU I'ENNSYL V ANJA-Single Family-FanDle MaelF'redle Mae UNIFORM INSTRUMENT MG303~A.I'AM (IJR 7n.7M) FORM 30399190 (page 1 019 pages) Boo.'1653,AGE .142 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. " BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines unifonn covenants for national use and non-unifonn covenants with limited variations by jurisdiction to constitute a unifonn security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrovver shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any~ (c) yearly hazard or property insurance premiums~ (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, ifany; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are caned "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 D.S.C. Section 2601 et seq. ("RESP A"), unless another law that applies to the Funds sets a lesser amount. If 50, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lendermay estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law pennits Lender to make such a charge. However, Lender may require Borrower to pay'a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable Jaw requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. I'ENNSYL VANIA-Single Family-Fannie MaeIFredie Mat UNIFORM INSTRUMENT MG3039A.PAM (Va 7117(99) LOAN ID: 0804456291 ALMV FORM 3039 9190 (pDge 2 of9 pages) .80Q-1653 PAGE .743 Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, uany. Borrower shall pay these obligations in the manner provided in paragraph 2, or ifnot paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in. legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give BOlTower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice, 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term" extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance camer providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. . All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event ofloss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, msuranceproceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier. has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to r~air or testore' the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. PENNSYLV ANIA.Sin&k Family-Fannie Mae/Fredle Mae UNIFORM INSTRUMENT MG3OJ9A.l'AM (J/R 7127/99) LOAN ID: 0804456291 ALMW FORM 3039 9190 (page 3 of9 pages) 800<<1653 riG[ ~ 744 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrowershall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result m forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a mling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impainnent of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations conceming Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with aU the provisions olthe lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perfonn the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragrapb 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable. with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect; Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect. from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, ifmortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. . 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. PENl'ISYL VANIA-Single Family-Fannie MaeIFredle Mac UNIFORM INSTRVMENT MG3039A.PAM(lJJl7117/9,> LOAN ID: 0804456291 ALMX FORM 3039 9/90 (page" of9 pages) Boo<<1653,AGI .745 In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the swns secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property inunediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shaH not extend Of postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. . 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any . forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and BOlTower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subjectto a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the per mined limit; and (b) any sums already collect!,d from Borrower which exceeded pennitted limits will be refunded to BOrrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under tl1e Note. PENNSYL VANIA-Single Family-Fannie Mae/Fredle Mae UNIFORM INSTRUMENT MG3G39A.l'AM (IIR 711.719') LOAN ID: 0804456291 ALMY FORM 3G3!l !l/llO (page S of9 PQges) }oo.1653'~G[ .746 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by fIrst class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instnlment shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one confonned copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If aU or any part of the Property or any interest in it is sold or transferred (or if a benefIcial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this SecUrity Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federa11aw as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrowernotice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to bave enforcement oftrus Security Instrument discontinued at any time prior to tbe earlier of: (a) 5 days (OT such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instnunent. Those conditions are that Borrower: (a) pays Lender all swns which then would be due under this Security Instnunent and the Note as ifno acceleration had occulTed; (b) cures any default ofany other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had ()CCurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change ofLoao Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more change$ of the Loan Servicer umelated to a sale oftbe Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice wiU also contain any other infonnation required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence. use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to nonna! residential uses and to maintenance of the 'Property. PENNSYL VANIA-Single Family-Fannie MaelFredlt Mac UNU'ORM INSTRUMENT MG3039A_PAM (I/R 7/1.7199) LOAN ID: 0804456291 ALMZ FORM 3039 9190 (page 60/9 pages) ~oo.t653 ,..:"/47 Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances II are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection, NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides othenvise). Lender shall botify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, forclosure by judicial proceeding and sale of the Property .Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding . the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to coDect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by appUcable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument withoufcharge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws . providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrowers time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. Ifany of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shan be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider( s) were a part of this Security Instrument. l'ENNSYLVANlA-5inglc Family-Fanale MaeIFredle Mac UNIFORM INSTRUMENT MG3039A.PAM (JJR 7ml'}9) LOAN 1D:0804456291 ALNA FORM 3039 9190 (page 7 of9 poges) BOOK1653 nor ..149 [Check applicable box(es)] o Adjustable Rate Rider o o ex Graduated Payment Rider o Condominium Rider o o o 1-4 Family Rider Planned Unit Development Rider 0 Biweekly Payment Rider Balloon Rider Rate Improvement Rider o Second Home Rider Other(s) (specify] ADDENDUM(S) BY SIGNING BELOW, Borrower accepts and agrees to the teons and covenants contained in this nstrument and in any ride ecuted by Borrower and recorded with it. ~1f1~Wd- (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) 'BolTOweT (Seal) Borrower (Seal) BOlTOwer P:tNNSYLV AN{A.Single Pamily-Fanllie Ma~relIle Mac UNIFORM INSTRUMENT MG3039A.PAM (IJR 7127m) LOAN ID:0804456291 ALNB FORM 3039!J19O /,ptIge 8 0/9 pages) .R~Qlt653._..149 COMMONWEALTH OF PENNSYLVANIA, Cumberland County 55: On this, the 21st day of November 2000 , before me, _ Suzanne L. Cramer the undersigned officer, personally appeared known to me (or satisfactorily proven) '.L'neresa L. Hart to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WIlNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Suzanne L. Cramer, Notary Public Hampden Twp., Cumberland County My Commission Expires May 20. 2002 Member, Pennsylvania Association 01 Notaries Notary Public Title of Officer My Commission expires: OS/20/02 AFTER RECORDING RETURN TO: SUPERIOR BANK FSB ONE RAMLAND ROAD ORANGEBURG, NY 10962 ATTN: RECORDED DOCUMENTS DEPT. PENNSVLV ANIA-Single Family-Fannlc Mae/Fredlc Mae UNIFORM INSTRUMENT MG3039A.PAM (JJR 712719'1) LOAN ID:0804456291 ALNC FORM 3039 9/llO (PQge 9 of9 ptlgu) .Bou.1653,AGr.150 "LEGAL DESCRIPTION" ALL THAT CERTAIN house and lot of ground situate in Mechanicsburg, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of East Factory Street, which point is fifty and forty hundredths (50.40) feet from the western line of North Arch Streeti thence by the northern line of East Factory Street, South 80 degrees 00 minutes 00 seconds West, twenty-nine and twenty-five hundredths (29.25) feet to a pipe at corner of land now or late of Gelwicksi thence by lands of Gelwicks North 13 degrees 56 minutes 30 seconds West, one hundred twenty and forty-two hundredths (120.42) feet to a point in the southern line of Creamery Alley: thence by the southern line of said alley North 79 degrees 43 minutes 00 seconds East, thirty-five and eighty-seven hundredths (35.87) feet to a pin; thence by lands now or late of Russell Murray South 10 degrees 47 minutes 30 seconds East, one hundred twenty and thirty-three hundredths (120.33) feet to the place of BEGINNING. HAVING erected thereon a dwelling house being known and numbered as 31 East Factory Street, Mechanicsburg, Pennsylvania, said description being in accordance with a survey dated July 8, 1977 by D. P. Raffensperger Associates. UNDER AND SUBJECT to restrictions, easements and conditions of prior record pertaining to said premises. BEING THE SAME PREMISES which David A. Stoner by deed dated November 21, 2000 and recored in the Office of the Recorder of Deeds in and for Cumberland County granted and conveyed unto Theresa L. Hart, single individual. ~~o~1653,AG[ ',.;";~1 ACCOUNT#:0804456291 ADDENDUM TO MORTGAGE/DEED OF TRUST/ DEED TO SECURE DEBT/SECURITY DEED This ADDENDUM TO MORTGAGElDEED OF TRUSTtDEED TO SECURE DEBT/SECURITY DEED (also known as "Security Instrument") is made this 21st day of NOVEMBER , 2000 , and is incorporated into and amends the Security Instrument of the same date given by the Wldersigned (the "Borrower") to secure Borrower's Note (the "Note") to Alliance Funding, a Division of Superior Bank FSB (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 31 EAST FACTORY STREET, MECHANICSBURG, FA 17055 (Property Address) In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further agree as follows; 1. The paragraph of the Security Instrument entitled, "Application of Borrower's Payments" or alternately "Application of Payments," is deleted in its entirety and the application of payments is governed by the Note. 2. Unless prohibited by applicable law, the paragraph of the Security Instrument entitled, "Acceleration; Remedies" or alternately "Lender's Rights if Borrower Fails to Keep Promises and Agreements," is supplemented by adding the following provisions: " Additionally, Lender may require immediate payment in full of the entire amount remaining unpaid under the Note and this Security Instrument, if: (1) On application of Lender, two or more insurance companies licensed to do business in the State in which the Property is located, refuse to issue policies insuring the buildings and improvements on the Property; or (2) Borrower fails to make any payment required by a senior mortgage, deed of trust, deed to secure debt or other security instrument encumbering or affecting the Property or fails to keep any other promise or agreement in any ~nior mortgage, deed of trust, deed to secure debt or other security instnunent encumbering or affecting the Property; or (3) Any representation made or information given to Lender by Borrower in connection with Borrower's application for the loan evidenced by the Note is false or misleading in any material respect; or (4) Borrower allows the Property to be used in connection with any illegal activity." AMCN MULTISTATE ADDENDUM TO 1ST/2ND FNMAlFHLMC SECURlTY INSTRUMENT SUPERIOR (4130198) - SHORT FORM PAGB 1 OF 5 AMG014B.USM 8Qo<<t653 rAG( .752 3. For a loan secured by Iowa real property: a. The following sentence is added to the end of the paragraph of the Security Instrument entitled, "Release" or alternately "Redemption Period:" "Borrower shall pay any recordation and/or official costs in connection with this mortgage." b, Language is added to the Security Instrument as follows: "NOTICE TO BORROWER I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE, I VOLUNTARILY GIVE UP MY RIGHT TO nns PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE." 4. The paragraph of the Security Instrument entitled, "Transfer of the Property or a Beneficial Interest in Borrower," is amended by changing the notice of default or acceleration to be at least 60 days if the loan is secured by a secondary lien on real property in the State of Connecticut and at least 35 days if the loan is secured by a lien on real property in the State of Oklahoma, 5. For a loan secured by Kansas real property, if the Security Instrument is Form 3017, the last sentence in the paragraph entitled, "Acceleration; Remedies," is deleted and replaced with the following: "Lender shall be entitled to collect all reasonable expenses incurred in pursuing the remedies provided in this paragraph, including but not limited to, reasonable attorneys' fees, to the extent allowed by applicable law." In addition, the paragraph entitled, "Attorneys' Fees," is deleted in its entirety. 6. For a loan secured by Ohio real property, the following language is added after the legal description section of the Security Instrument: "This mortgage is given upon the statutory condition. "Statutory Condition" is defined in Section 5302;14 of .the Revised Code and' provides generally that if Borrower pays the indebtedness and perfonns the other obligations secured by this mortgage, pays all taxes and assessments, maintains insurance against fire and other hazards and does not commit or permit waste, then this mortgage will become null and void." MULTISTATE ADDENDUM TO ISTaND FNMAlFHLMC SECURITY INSTRUMENT SUPERIOR (4/30198) . SHORT FORM LOAN ID#:0804456291 PAGE 2 OF 5 AMCO AMG014B.USM 130Q~1653'.GE ,..'53 7. For a loan secured by South Carolina real property: If the Security Instrument is Form 3041, the second sentence of the paragraph entitled, "Waivers," is deleted. If the Security Instrument is Form 3841 the paragraph entitled, "Waiver of Right of Appraisal," is deleted. 8. The paragraph of the Security Instrument entitled, "Law That Governs This Security InstrumentIMortgage" or alternately "Governing Law; Severability," is amended by deleting the first sentence and replacing it with the following language: "This Security Instrument shall be governed by federal law and, to the extent not inconsistent with or more restrictive than federal law or regulation governing Lender, the laws of the jurisdiction in which the Property is located. " 9. If the Security Instrument is a second or junior priority Security Instrument, then a paragraph is added to the Security Instrument as follows: . "W AIVEROFRIGHTTO INCREASE PRIOR MORTGAGElDEEDOF TRUST. Borrower hereby waives Borrower's rights if any, to increase any senior deed of trust, mortgage or other security instrument on the Property under any provision contained therein governing optional future advances, and, to the extent permitted by la:w, waives Borrower's rights under any law which provides for an increase of said prior deed of trust, mortgage, deed to secure debt or other security instrument to pay for repairs, improvements, replacements, taxes, municipal liens, assessments or other charges on the Property. If, notwithstanding the foregoing waiver, such funds are advanced to or on behalf of Borrower, whether voluntarily or involuntarily, Borrower agrees that Lender, at its option, may accelerate the indebtedness secured hereby." 10. A provision is added to the Security Instrument as follows: "Borrower hereby acknowledges receipt, without charge, of a true copy of the Security Instrument" 0 Escrow Waiver If the box above has been checked, Lender waives the requirement" for Borrower to make payment to Lender for the escrow items referred to in the paragraph of the Security Instrument entitled, "FundslMonthly Payments for Taxes and Insurance." Borrower shall pay these obligations on time directly to the person owed payment Borrower shall promptly furnish to Lender aU notices of amounts to be paid under this paragraph, and receipts evidencing such payment. 11. MULTISTATE ADDENDUM TO lSTI2ND FNMAJI'HLMC SBCURlTY INSTRUMENT SUPERIOR (4130198) - SHORT I'ORM LOAN ID#:0804456291 PAGE 3 01' S AMCP AMG014B,USM 8001(1653 'AGE .754 Unless otherwise prohibited by applicable law, Lender reserves the right to require Borrower to make payment to Lender for the escrow items referred to in the paragraph of the Security Instrument entitled, "Funds/Monthly Payments for Taxes and Insurance," if Borrower defaults in the payment of such escrow items and such default is not cured within the time set forth in any notice sent to Borrower by Lender. Lender reserves such right even though Lender did not establish such escrow account as a condition to closing the loan. If Lender requires Borrower to make payments to Lender as provided herein, the provisions of the paragraph of the Security Instrument entitled, "Funds/Monthly Payments for Taxes and Insurance" will be in full force and effect. 12. A paragraph is added to the Security Instrument as follows: "FORCE PLACED INSURANCE. Unless otherwise prohibited by applicable law, if Borrower does not provide Lender with evidence of insurance coverage (for any type of insurance that is required by Lender), Lender may purchase insurance at Borrower's expense to protect Lender's interests in Borrower's Property. This insurance may, but need not, protect Borrower's interests. The coverage that Lender purchases may not pay any claim that Borrower makes or any claim that is made against Borrower in connection with the Property. Borrower may later cancel any insurance purchased by Lender, but only after providing Lender with evidence that Borrower has obtained the required insurance. If Lender purchases insurance for the Property, Borrower will be responsible for the costs of that insurance, including the insurance premium, interest at the rate provided by the tenns of the Note and any other charges that the Lender or the insurer may impose in connection with the placement of the insurance (for example, a fee from the carrier for processing the force placed insurance), until the effective date of the cancellation or expiration of the insurance. The costs of the insurance may be added to Borrower's total outstanding balance and secured by this Security Instrument. The costs may be more than the cost of insurance that Borrower may be able to obtain directly because Lender will be purchasing insurance under a general policy that does not consider Borrower's individual insurance situation." 13. A paragraph is added to the Security Instrument as follows: "Verification or reverification of the Property's valuation or any other information nonnally contained in an appraisal may be required as part of Lenders' s ongoing quality control procedures. Borrower agrees to cooperate fully with Lender andlor its agents, successors or assigns in obtaining and completing a full appraisal in the future at Lender's sole option and expense." LOAN ID#:0804456291 PAGE 4 OF :; AMCQ AMG014B.USM MULTISTATE ADDENDUM TO lSTI2ND FNMA/FHLMC SECURITY INSTRUMENT SUPERIOR (4J30J98) . SHORT FORM .1 I , I BGult1653,. .755 / . , " 14. If an Adjustable Rate Rider is executed in conjunction with the Security Instrument, such rider is amended by: a) deleting the section entitled, "Transfer of the Property or a Beneficial Interest in Borrower" and b) adding to the sectiop entitled, "Interest Rate and Monthly Payment Changes" (D) "Limits on Interest Rate Changes," the following language: "My interest rate will never be less than N/ A %." 15. If the Security Instrument is assigned or transferred, all or a portion of this Addendum may be voided at the option of the assignee or transferee. Any terms and provisions of this Addendum which are voided will be governed ~{};i r;;J-the Security Jnstnun..l THERESA L ~ I V( BoTTQwer Borrower Borrower Borrower Borrower Borrower MULTlSTATE ADDENDUM TO lSTI2ND FNMAlFHLMC SBCURlTY INSTRUMENT SUPERIOR (4/30198) - SHORT FORM LOAN 1D#:0804456291 PAGE 5 OF 5 AMCR AMG014B,USM State of Pennsylvania 1 . County of Cumberland . f 0 ad fhcordad ill th~ office for the recording 0 e : ~~t~' nd ->l&.UJlbcrland count~ " , in B~- ~ _Pagel. ~ wit CS~Yha. ~. IOf~ffiC V ~ Carli e, PA 1'-. '" day :tL~ c.-' ~r . ecor l' BOOl1653PAGE .?56 . ".. , ~XL-~3-"""'" 3' .--.J r__ _ _ ACCOUNT #: 0804456291 BALLOON NOTE (Fixed Rate) THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE, THE LENDER IS UNDER NO OBLlGA nON TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAYBE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY, IF YOU REFINANCE Tms LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. NOVEMBER 21, 2000 [Datej Camp Hill [Cityl pennsylvania [SlOt<] 31 EAST FACTORY STREET, MECHANICSBURG, PA 17055 (ProperlY Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ .55.2.50.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is Alliance Funding, a Division of Superior Bank FSB I understand that the Lender may transfer this Note, The Lender or anyone who takes this Note by transfer and who is entitled to receiye payments under this Note is called the "Note Holder." 2, INTEREST Interest will be charged on unpaid principal until the full amounl of principal has been paid. I will pay interest at a yearly rate of 11.250 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3, PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the 21st day of each month beginning on DECEMBER 21 , 2000 . I will make these payments every month until I have paid all of the principal and inlerest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on NOVEMBER 21, 2015 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at ONE RAMLAND ROAD ORANGEBURG, NY 10962 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 536.62 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any lime before Ihey are due, A payment of principal only is known as a "prepayment". When I make a prepayment, J will tell the Note Holder in wnling Ihatl am doing so. I may make a full prepayment or partial prepaymenls without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there wiII be no changes in the due date or in the amounl of my monthly payment unless the Note Holder agrees in writing to those changes. 5, LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the pennitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitted limit; and (ii) any sums already collected from me which exceeded pennitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal. the reduction will be treated as a partial prepayment. 6, BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. TIle amount of the charge will be 5.000 n.1o of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. ALOJ MULTISTATE BALLOON FIXED RATE NOTE. S'n~lc Fam,!y. FN\IAlFIILMC UNIFORM lNSTR\:MENT NTJ160B.USB 111ft ~1iI981 FOR~1 3260 J/R7 rprrg,I' I 0/ 2 pa~t".\-! (B) Default If I do nol 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 Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not beeh paid and all the interesl that I owe on Ihat amount. That date must at least 30 days after the date on which the notice is delivered 01' mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay inunediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to Ille extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any nOlice Ihat must be given to me under this Note will be given by delivering it or by ll1lliling it by first class mail to me at the Property Address aboye or at a different addres~ if I give the Note Holder a notice of my different address. Any notice that must be given to the NOle Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note. each person is fully and personally obligated 10 keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guaranlor, surety or endorser of this Note is also obligated 10 do these things. Any person 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 Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Nole waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to giyc notice to other persons Ihat amounts duc have not been paid. 10. UNIFORM SECURED NOTE This Note is a unifonn instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (lhe "Security Instrument"), dOlled the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Securily Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest In Borrower, If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consenl, Lender may, at its option, require immediate payment in full of all sums secured by this Security 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. If Lender exercises this option, Lender shall give Borrower notice of acceleralion. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. I f Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Securily Inslrument without further notice or demand on Borrower. ,/: ~1) WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIG~:.::-.j*i~'\. ~I' ,,~/\/ , V!J . . /J ~ u. fltJl/,}.o VUKt1{( if,k'ttf (Seal) , . (S~:) THERESA L Borrower Bllrrower (S..I) (Seal) BOfTOy.-c:r Borrower (5.,1) Borrower (Seal) Borrower {Sign Original Only} LOAN ID: 0804456291 MULTlSTATE BALLOON FIXED RATE NOTE. Single F.mily - fN~IAIf1II.M(, (l:O;IFORM INSTRIIMENT NTJ260J\.USB IIIR 216J9111 FORM 3260 3187 (png~ ) of 2 paf("J) ALOl< ACCOUNT #:0804456291 ADDENDUM TO FNMA NOTE This ADDENDUM TO NOTE is made this 21st day of NOVEMBER, 2000 and is incorporated into and amends and supplements the Note, Adjustable Rate Note or Balloon Note of the same date, and any extensions and renewals of thai Note, given by the undersigned ("Borrower") to Alliance Funding, a Division of Superior Bank FSB ("Lender")("Note"). In addition to the agreements made in the Note, Borrower and Lender further agree as follows: I. Balloon Payment Loan all If the box above has been checked, the following provisions are ndded to the Note: A. "THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE, THE LENDER IS UNDER NO OBLlGATlON TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER." B. The "Payments" section of the Note is amended by deleting the first sentence and replacing it with the following language: "I will pay principal and interest by making payments every month. Each of my regular monthly payments, except for the final payment, will be in the amount of V,S. $ 536.62 Assuming all scheduled paymenls of principal and interest are made on their due dales, the final payment will be U.S. $ 47,105.28 " 2, The section of !he Note entitled, "Borrower's Promise to Pay," is amended by adding the following language after the first sentence: "Any amounts owed under the Security Instrument that is executed in conjunction with this Note are and shnll be part of the debt obligation under this Note." 3. If the Nole is an adjustable rate Note, the section of Ihe Note entitled. "Interest." is amended by adding the following language at the end of the second sentence: "which, except for odd days' interest, if any, will be applied to a 360 day year consisting of 12 months with 30 days each. Interest will be charged until the principal has been paid in full." 4. If the Note is an adjustable rale Note: a) the section of the Note enlitled, "Payments" (A) "Time and Place of Payments," is amended by deleting the sentence which reads, "My monthly payments will be applied to interest before principal." and replacing it wilh the following language: "Each of my regular monthly payments will be applied first to amounts due for any escrows for taxes and insurance under the Security Instrument. then to accrued and unpaid interest as if the payment is made on its due date, regardless of when the payment is actually receiyed and the remainder, if any, to the unpaid principal balance. Any late charges, collection costs and expenses, dishonored check charges, prepayment charges and payments madc by the Note Holder to enforce this Note andlor to protect the Note Holder's interests under Ihe Security Instrument will be assessed separately. This does not take into account any payments for optional mortgage products that are charged to my account." and b) the section of the Note entitled, "Interest Rate and Monthly Payment Changes" (D) "Limits on Interest Rate Changes," is amended by adding the following language, "My interesl rate will never be less than N/A %." 5. If the Note is a fixed rate Note, the section of the Note entitled, "Time and Place of Payments" or alternately "Payments," is amended by deleting (if applicable) the senlence which reads, "My monthly payments will be applied to interest before principal." and by adding the following language before the sentence which contains the maturity date: "Each of my regular monthly payments will be applied first to amounts due for any escrows for taxes and insurance under the Security Instrument, then to accrued and unpaid interest to the date of payment and the remainder, if any, to the unpaid principal balance. Any late charges, collection costs and expenses, dishonored check charges, prepayment charges and payments made by the Note Holder to enforce this Note andlor to protect the Note Holder's interests under the Security Instrument will be assessed separately. This does not take into account any payments for optional mortgage products that are charged to my account" AMCS MVLTlSTA1'E ADDENDUM TO lSTI2ND FNMAlFHLMC NOTE (218199) SVPERlOR PAGE I OF J ANTIIJOA.VSM 6. A, The section of the Note entitled, "Borrower's Right to Prepay" or alternately "Borrower's Payments Before They Are Due," is amended by: a) adding to the end of the first sentence the following language, ", but the Note Holder may apply any tendered payments first to any amounts then due and owing under this Note or under Ihe Security Instrument and Ihen to principal not yet due."; b) deleting the sentence which states, "The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note."; and c) adding after the final sentence the following language, "Except as provided in Ihe "Loan Charges" section (if any), Ihe Note Holder earns any prepaid finance charge at the time the loan is made and no part of it will be refunded if I pay in full ahead of schedule." B. If a prepayment charge is contracted in connection with this loan, the section of the Note entitled, "Loan Charges" (if any) is amended by adding to the end of the final sentence the following language, "wilhout any prepayment charge." 7, In the State of Arizona, a provision is added to the Note as follows: "Contracted for Rate of lnterest, I agree to pay an effective contracted for rate of interest equal 10 the interest rate as provided in this Note and the additional interest resulling from any Additional Sums. The Additional Sums shall consist of all fees, charges, goods, things in action or otller sums or things of value (other than interest as provided in this Note) paid or payable by me, whether pursuant to this Note, the Security Instrument securing this Note or any other document or instrument in any way pertaining to this loan, that may be deemed to be interest for the purpose of any law of the State of Arizona that may limit the maximum amount of interest to be charged with respect to this loan. The Additional Sums shall be deemed to be additional interest for the purposes of any such law only." 8. The section of the Note entitled, "Late Charge for Overdue Payments," is amended by replacing the word "overdue" in the second sentence with the word "scheduled." If the Note is a fixed rate Note, after the final sentence add the following language, "Any late charge will be in addition to interest on the then outstanding principal for each day the payment is late." 9. The sections of the Note entitled, "Notice of Default" and "Uniform Note," are amended by changing the notice of default or acceleration to be at least 60 days if the loan is secured by a secondary lien on real property in the State of Connecticut and at least 3S days if the loan is secured by a lien on real property in the State of Oklahoma. 10. If this is an adjustable rate Note, then the subparagraph entitled, "Transfer of the Property or a Beneficiallnterest in Borrower," is amended by deleting Ihe provisions relating to assumption of the loan. 11. The section of the Note entitled, "Payment of Note Holder's Costs and Expenses," is deleted in ils entirety and is replaced by the following language: "If I default, whether or not the Note Holder has required me to pay immediately in ful1 as described above, the Note Holder will have the right 10 be paid back by me for all of its costs and expenses in enforcing this NOle to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees, collection costs and expenses, servicing fees, and dishonored check charges to the ful1est extent not prohibited by applicable law." 12. The section of the Note entitled, "ObligationslResponslbility of Persons Under This Note," is amended by adding the fol1owing language to the end of the first sentence: "plus the charges as described in the sections entitled, "Late Charges for Overdue Payments" and "Payment of Note Holder's Costs and Expenses," and 10 pay any other charges required in order to close the loan." 13. In the State of Virginia, the first sentence in the section of the Note (Form 3200, 3260 or 3520) entitled. "Waivers," is deleted and amended to read as follows: " I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor and waive the homestead exemption." 14. A provision is added to the Note as follows: "ADDITIONAL SERVICING FEES: In addition to charges specified elsewhere in this Note, in the Security Instrument given to secure this Note, or in any other agreement in connection with this Note, I agree to pay, to the fullest exlent not prohibited by applicable law, the following if charged in LOAN 1D#:0804456291 AMCT MULTlSTATE ADDENDUM 10 ISTl2ND FNMAlFHlMC NOTE (218199) SUPERIOR f'AGE 2 OF 3 Ato.'T030A USM connection with this loan: any fees imposed by the Lender's discharge or satisfaction of lien(s) (whether upon payment in full, acceleration or maturity); payoff quotesfcharges; delivery charges; inspection fees; payment history charges andlor any other servicing fees listed in the schedule of fees in effect at the time the charge is incurred." 15. 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 Ihe jurisdiction in which the property defined in the Security Instrument as the "Property" is located. In the event of a conflict between any provision of this Note and any such law or regulation in effect as of the date of this Note, such law or regulation shall control to the extenl of such confliCI and the conflicting provision contained in this Note shall be without effect. All other provisions of this Note will remain fully effective and enforceable." B. In the State of Minnesota, a provision is added to the Note as follows: "The interest rate on a second mortgage loan is governed by Minnesota Statutes Section 47.20,47.21 and 12 C.F. R. Section 560.11O(b)." 16, A, If the box below has been checked. the section of the Note entitled, "Borrower's Right to Prepay" or alternately "Borrower's Payments Before They Are Due," is deleted in its entirety and replaced with the following language: fXJ "BORROWER'S RIGHT TO PREPAY; PREPAYMENT CHARGE. I have the right to make payments of principal at any time before they are due. but the Note Holder may apply any tendered payments first to any amounts then due and owing under this Note or under the Security Instrumenl and then to principal not yet due. A payment of principal only is known as a "prepayment." A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment" If 1 make a partial prepayment and this Note is a fixed rale Note, there will be no changes in the due dates or amounts or my monthly payments unless the Note Holder agrees in writing to those changes, ]f] make a partial prepayment and this Note is an adjustable rate Note, there will be no changes in the due dates or amounts of my subsequent scheduled monthly payments until the first payment due after the first Change Date following my partial prepayment unless the Note Holder agrees in writing to those changes, If this Note is an adjustable rate Note, my partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment, but any such reduction may be offset by an interest rate increase. I f the aggregate amount of principal prepaid in any twelve (12) month period exceeds twenty percent (20%) of the original principal amount of this Note during the first 3 years ~ommencing from the date of this Note, then as consideration for the acceptance of such prepayment, and in addition to any other sum payable hereunder, 1 agree to pay to the Note Holder a prepayment charge equal to 5 % of the total amount prepaid. J will pay this prepayment charge whether prepayment is voluntary or the result of acceleralion due to my default under this Note or the Security Instrument. Except as provided in the section entitled, "Loan Charges," the Note Holder earns any prepaid finance charge at the time the loan is made and no part of it will be refunded if I pay in full ahead of schedule." B, Check boll. if applicable: o This prepayment charge does not apply if the prepayment is the result of my refinancing of this loan with the Lender or an affiliate of the Lender. 17. If the Note is assigned or transferred. all or a portion of this Addendum to Note may be voided at Ihe option of the assignee or transferee. Any ternlS and provisions of the Addendum to Note which are voided will be governed by the original terms and provisions of the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Addendum to Note. I,:, )I))kiAL{ rtri\ICttf T~ERESA L fiJT (S.al) (Seal) Borrower Borrower (5.01) Uorrower (S.al) Darrower (5..1) Borrower (S.al) MULTISrATf ADDENDUM TO ISTI2ND FNMI\IFHtMC NOTE (2/8/99) SUPERIOR P^Gf. J Of J Borrower LOAN 10#:0804456291 AMeU Ar>TOJOA liS.\! .. ~X-~-3-"""-' C .........I ......... ___ __ ~ ~ .. EMC Mortgage Corporation 71045400210007757905 May 28, 2003 *0002252099* Theresa L. Hart 31 E Factory St Mechanicsburg, P A 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose, Specific infonnation about the nature of the default is provided in the attached pages. IMPORT ANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE, Take this Notice with you when you meet with the counseling agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end ofthis 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 important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente lIamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por eI programa lIamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca, HOMEOWNER'S NAME(S) : Theresa L. Hart PROPERTY ADDRESS: 31e Factory St Mechanicsbu, PA 17055 LOAN ACCOUNT 7595267 CURRENT SERVICER EMC Mortgage Corporation 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 provision ofthe Homeowners' 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, 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 the foreclosure on your mortgage for thirty (30) days from the date of this Notice, During that time you must arrange and attend a "face-to- face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, Page two 7595267 CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date ofthis meeting, The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting, You should advise this lender immediately of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your 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 Homeowners' Emergency Mortgage Assistance Fund, In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they wiII assist you in submitting a completed application to the Pennsylvania Housing Finance Agency, Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY, 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 1M MEDIA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited, They wiII be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application, During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by the Agency of its decision on your application, NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR IN FORMA TlON PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance HOW TO CURE YOUR MORTGAGE DEFAULHBring it up to date). NA TURE OF THE DEF AUL T - The MORTGAGE debt held by the above lender on your property located at 31e Factory St Mechanicsbu, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 03/21/2003: (b) Late charge( s) : (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of OS/27/2003: $1,916,04 $63.74 $,00 $27.58 $1,952.20 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable) : HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $1,952.20, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Payments must be made either by cash, cashier's check, certified check, or money order made payable toEMC Mortgage Corporation at PO BOX 660530, DALLAS, TX 75266-0530, Page three 7595267 IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortga~e 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 amount of default is not made within THIRTY (30) days ofthe letter date, EMC Mortgage Corporation also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property, IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50,00, However, iflegal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50,00, Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs, If you cure the default within the THIRTY (30)DA Y period, you will not be required to pay attorneys' fees, OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEF AUL T 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 Sheriffs Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs 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 DA TE- It is estimated that the earliest date that such sheriffs sale could be held is would be approximately five (5) months from the date of this Notice, A notice of the actual date of the Sheriffs 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, Name of Lender: Address: Telephone Number: HOW TO CONTACT THE LENDER EMC Mortgage Corporation PO BOX 660530, DALLAS, TX 75266-0530 1-888-609-2379 EFFECT OF SHERIFF'S SALE- Vou should realize that a sheriffs 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 sheriffs sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time, ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HA VE THE RIGHT To sell the property to obtain money to pay off the mortgage debt, or borrower 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 ifno default had occurred, (However, you are not entitled to this right more than three times in a calendar year), To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents, To assert any other defense you believe you may have to such action by the lender, To seek protection under the federal bankruptcy law. Page four 7595267 EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us in writin2 at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that 30 day period, we will assume that it is valid. Sincerely, EMC Mortgage Corporation Mac Arthur Ridge II, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 MAILING ADDRESS: P.O. Box 141358, Irving, Texas 75014-1358 VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa,C.S, Section 4904, relating to unsworn falsification to authorities. N R ~ ~ ~ Vi .Crt t;:; ~ ~ ~ Ii' ~ F! ~ ~~ '-, c r '....~. - "- .....:- p .~ ..:: , . ~:, .,: _~.J ..< r---~."" -:..:) o ..,., .~ -r r-i~ :!l /--- -,.-,rTl :;-)0 ~:',b ;~~ ~Zi ~iri --< ':,1'1 ~-- ~ ,-~-I - .. ~..... I (.n -0 3; - .. C') 0", ... Q . LAW OFFICES OF GREGORY JA V ARDIAN ]3> GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE BANK, N.A. F/K1A LASALLE COURT OF COMMON PLEAS NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CUMBERLAND COUNTY SERVICING AGREEMENT DATED 12/1/2000, SERIES 2000-4 No.: 05-88 CIVIL TERM 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TEXAS 75038 vs. THERESA L. HART 31 EAST FACTORY STREET MECHANICSBURG, PA 17055 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against THERESA L. HART, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint Interest 12/17/04 to 2/17/05 $65,876.04 1,048.42 TOTAL $66,924.46 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: }9~~ d.-{ ;;{~iS I (LIJ+dJ ) !2 . ~~ PRO PROTHY U . LASALLE BANK, N.A., F/K1A In The Court of Common Pleas LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND Cumberland County SERVICING AGREEMENT DATED 12/1/2000, SERIES 2000-4 No. 05-88 CNIL TERM Plaintiff v. THERESA L. HART Defendants TO: THERESA L. HART 31 EAST FACTORY STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: January 27,2005 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 t1nd out where you can get legal help. Cumberland County Bar Association Lawyer Reference Servicc 32 S. Bedford Street Carlisle, PA. ]7013 (800) 990-9108 (7] 7) 249-31 regory Javardian, squire 1310 Industrial Boulevard 1" Floor, Suite !O1 Southampton, P A 18966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no haber tomado ]a accion reqlliida de Sll parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de esta notit1cacion, el tribunal podra, sin necesidad de compararecer usted en corte 0 escuchar prueba a]guna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. Debe llevar esta nohficacion a un abogado immediatemente si usted no hene abogado, 0 si no hene dinero suficiente para tal servicio, vaya en persona 0 Ilame por telpfono a ]a 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 JA V ARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEV ARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE BANK, N.A. F/K1 A LASALLE COURT OF COMMON PLEAS NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CUMBERLAND COUNTY SERVICING AGREEMENT DATED 12/1/2000, SERIES 2000-4 No.: 05-88 CIVIL TERM vs. THERESA L. HART VERIFICATION OF NON-MILITARY SERVICE GREGORY JA V ARDIAN, 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(s), THERESA L. HART, is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) Defendant, THERESA L. HART, is over 18 years of age, and resides at 31 EAST FACTORY STREET, MECHANICSBURG, PA 17055. (c) Plaintiff, LASALLE BANK, N.A. F/K1A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED I2/I/2000, SERIES 2000-4, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 909 HIDDEN RIDGE DRIVE, SUITE 200, IR VING, TEXAS 75038. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. fki- GREGO~A V A IAN, ESQUIRE ..(q.. (j ~ C~~'6 \- __ ~ -=U ~ t> ~ ?- ..0 <0 b ~ -t:: -.0 +- ~ r J:- ~ P---- " <...., SHERIFF'S RETURN ~ REGULAR CASE NO: 2005~00088 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NA VS HART THERESA L ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly Sworn according to law, says, the within COMPLAINT ~ MORT FORE was served upon HART THERESA L the DEFENDANT , at 1105:00 HOURS, on the 6th day of January 2005 at 31 EAST FACTORY STREET MECHANICSBURG, PA 17055 by handing to TIMOTHY TRUMP, BOYFRIEND a true and attested copy of COMPLAINT ~ MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.40 .00 10.00 .00 35.40 ,~~-ft ,..;'~--.-;::;'~~ R. Thomas Kline 01/07/2005 GREGORY JAVARDIAN Sworn and Subscribed to before me this ;2 'f IE: day of //c.'\ J . / tilt<., c~'~l ;2. OV ~ A. D. (J"Et:' () 'ffiz<c~,. ~A C;7J I othonotary I . B~4l-i3uj"u( Deputy Sheriff ~ . COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND LASALLE BANK, N.A. F/K1A LASALLE COURT OF COMMON PLEAS NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CUMBERLAND COUNTY SERVICING AGREEMENT DATED 12/1/2000, SERIES 2000-4 No.: 05-88 CIVIL TERM 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TEXAS 75038 vs. THERESA L. HART 31 EAST FACTORY STREET MECHANICSBURG, PA 17055 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due $66,924.46 Interest from 2/17/05 to Date of Sale @ $11.00 per diem $ $ Subtotal (Costs to be added) /! L/- GREGOR JA ARDlAN, ESQUIRE AttotnpJ for intiff I.D:#55669 1310 Industrial Boulevard I st Floor, Suite 10 1 Southampton, PAl 8966 (215) 942-9690 r:J ~ \ ~ ~ ~ P :t- ~ ~ P--- () ~'#- - \lJ ~ .c: - r 1--J -l ~~ ;<<>. ~ V) () () () "It? ( ---- -- ....:J 1: () I ~ w ~ ~ .D VI VI Crt V)\>V("c\> ceDOD' I I I~ ~~ '~ : ~ ~ f t-=' c> '2.5 ~1\ <.f' ._~_\ :.; -c. -n ~ rl1f"::;' :;:0 -of~ , c:si'l: - \..::\C) -:',: :\\ ~ ;~~}~ rt-, -- '~;?~ (.1'1 ':':~'~, N < . ALL THA T CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern line of East Factory Street, which point is fifty and forty hundredths (50.40) feet from the western line of North Arch Street; thence by the northern line of East Factory Street, south 80 degrees 00 minutes 00 seconds west, twenty-nine and twenty-five hundredths (29.25) feet to a pipe at the comer of land now or late of Gelwicks; thence by lands now or formerly of Gelwicks, north 13 degrees 56 minutes 30 seconds west, one hundred twenty and forty-two hundredths (120.42) feet to a point in the southern line of Creamery Alley; thence by the southern line of said alley, north 79 degrees 43 minutes 00 seconds east, thirty-five and eighty-seven hundredths (35.87) feet to a pin; thence by lands now or late of Russell Murray, south 10 degrees 47 minutes 30 seconds east, one hundred twenty and thirty-three hundredths (120.33) feet to the place of beginning. HAVING erected thereon a dwelling house being known and numbered as 31 East Factory Street, Mechanicsburg, Pennsylvania, said description being in accordance with a survey dated July 8, 1977 by D.P. Raffensperger Associates. UNDER AND SUBJECT to restrictions, easements, and conditions of prior record pertaining to said premises. BEING THE SAME PREMISES which David A. Stoner by Deed dated November 21,2000 and recorded November 22, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 234, Page 656, granted and conveyed unto Theresa 1. Hart, single individual. TAX PARCEL No. 18-23-0565-005. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK, N.A. F/K1A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 1211/2000, SERIES 2000-4, Plaintiff (5) From THERESA L. HART NO 05-88 Civil CIVIL ACTION - LAW (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 gamishee(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 (5) and from delivering any property ofthe defendant (5) 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $66,924.46 L.L. $,50 Interest FROM 2/17/05 TO DATE OF SALE@$11.00PERDIEM Ally's Comm % Due Prothy $1.00 Atty Paid $117.40 Other Costs Plaintiff Paid Date: MARCH 1,2005 CURTIS R. LONG (Seal) protllonoz p ~ ~ 0-1 . '/2/U 1 Co/ Deputy REQUESTING PARTY: Name GREGORY JA V ARDIAN ESQUIRE Address: 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 LA~ALLE BANK, N.A. F/K1 A LASALLE COURT OF COMMON PLEAS NA TIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING CUMBERLAND COUNTY AGREEMENT DATED 12/I/2000, SERIES 2000-4 No.: 05-88 CIVIL TERM vs. THERESA L. HART 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 31 EAST FACTORY STREET, MECHANICSBURG, PA 17055: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THERESA L. HART 31 EAST FACTORY STREET MECHANICS BURG, PAl 7055 2. Name and address of Defendant(s) in the judgment: THERESA L. HART 31 EAST FACTORY STREET MECHANICS BURG, P A 17055 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) Plaintiff. Pennsylvania Housing Finance Agency 211 N. Front Street Harrisburg, P A 17 I 0 1-1406 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, P A 17013-0599 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. ~ame 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 31 EAST FACTORY STREET MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. February 25, 2005 t"~) 'JX; cO' -" %% \ -- C') ";l'l .-\ _.,~~ 4"") Inp:- <'1""\ "'"'.9 . ~n .:c..\ _ 1...<\1, ) ~:'~::::~ \ ()~::: :':,,:,y..\ U .,.\ j':''''' ',.:1 -<l :,C:: -- (.Ii 1') - - .- () FHA () Tenant Occupied () Vacant () Commercial () As a result of Complaint in Assumpsit (X) Act 91 complied with ~- LA W OFFICES OF GREGORY JA V A RDI AN By: GREGORY JA V ARDlAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (21 S) 942-9690 LASALLE BANK, N.A. F/KIA LASALLE COURT OF COMMON PLEAS NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CUMBERLAND COUNTY SERVICING AGREEMENT DATED 12/I/2000, SERIES 2000-4 No.: 05-88 CIVIL TERM vs. THERESA L. HART CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certifY that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: r-> C.J c:;:J ",,.. % :P'" :;:0 /'} ~'h -- .-1 :-c-u l"n-:::.- en :r2t:-) ....' ] ()( ) n"..\ ;;~" 1"":j <::~;2~ ~:~,>rt1 ....1.) ::;;:: - ,",-, cn -.-:.< 1';;' LA W OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 rNDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE BANK, N.A. F/KIA LASALLE COURT OF COMMON PLEAS NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING CUMBERLAND COUNTY AGREEMENT DATED 12/1/2000, SERIES 2000-4 No.: 05-88 CIVIL TERM vs. THERESA 1. HART NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THERESA L. HART 31 EAST FACTORY STREET MECHANICSBURG, PA 17055 Your house (real estate) at 31 EAST FACTORY STREET, MECHANICS BURG, PA 17055, is scheduled to be sold at Sheriff's Sale on JUNE 8, 2005 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $66,924.46, obtained by LASALLE BANK, N.A. F/KIA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/1/2000, SERIES 2000-4, against you. NOTICE OF OWNER'S RIGHTS YOU MA Y BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3, You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-9690. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value 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 due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the 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 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 HAVING erected thereon a dwelling house being known and numbered as 31 East Factory Street, Mechanicsburg, Pennsylvania, said description being in accordance with a survey dated July 8, 1977 by D.P. Ratfensperger Associates. ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern line of East Factory Street, which point is fifty and forty hundredths (50.40) feet from the western line of North Arch Street; thence by the northern line of East Factory Street, south 80 degrees 00 minutes 00 seconds west, twenty-nine and twenty-five hundredths (29.25) feet to a pipe at the corner ofland now or late of Gelwicks; thence by lands now or formerly of Gelwicks, north 13 degrees 56 minutes 30 seconds west, one hundred twenty and forty-two hundredths (120.42) feet to a point in the southern line of Creamery Alley; thence by the southern line of said alley, north 79 degrees 43 minutes 00 seconds east, thirty-five and eighty-seven hundredths (35.87) feet to a pin; thence by lands now or late of Russell Murray, south 10 degrees 47 minutes 30 seconds east, one hundred twenty and thirty-three hundredths (120.33) feet to the place of beginning. UNDER AND SUBJECT to restrictions, easements, and conditions of prior record pertaining to said premises. BEING THE SAME PREMISES which David A. Stoner by Deed dated November 21,2000 and recorded November 22, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 234, Page 656, granted and conveyed unto Theresa 1. Hart, single individual. TAX PARCEL No. 18-23-0565-005. '" ':-~.:.;) ,;;:7.1 (:..J' ::JlC ;p.. = I () -q ::;:5 rri:D r--- IT! CJ .1 ",I \~-;~ :V:~ -., :i U1 '-0 ~;j .< , LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 LASALLE BANK, N.A. F/KIA LASALLE COURT OF COMMON PLEAS NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND CUMBERLAND COUNTY SERVICING AGREEMENT DATED 12/1/2000, SERIES 2000-4 No.: 05-88 CIVIL TERM vs. THERESA 1. HART 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, PAl 70 13 Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 Tenants/Occupants 31 EAST FACTORY STREET MECHANICS BURG, PA 17055 THERESA L. HART 31 EAST FACTORY STREET MECHANICSBURG, PA 17055 ~ P A Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, P A 17105-2675 Pennsylvania Housing Finance Agency 211 N. Front Street Harrisburg, PA 17101-1406 Dated: oliff 0 5 , t! 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'0 c-- tIl (Il '"' . \ \% ~~~~ \ \ ~,~~ ~~.~ 1"\ \. \ I, \~ \ , \ l 1i ,'". ('." , ," \\, .~ \ \ ~ ~ ~~ '{: ~ \ .~\% t Ii II 1'1 \ I~ '0 1,'" "1 ~ ~ U '0 'f?, g ....;..,[L<, \ \ I \I~ .", '-' :zc \ <1l ~I ~ ><".. \ ';>{ , i ' "il"'~~\ p,OOlOtll';Zi' \ ,"'. \ \dI1\ ~,~!j,6f ~\~ . . . " II , ~ 'it \ I \ \' 1 ~~,\ \ \ \ I \ ~.....@.....U)"i.<t~\" \ \,' \ 1\l04~5Z 1\- \ \ \ :g"'~;::',"'O ~ I I \ .:( t) -, V> cib: \.. W~,\~l,i IN \. \. -z."4*,.--r-::::>0' \~ ' _~(f) ~ "\ i l~---- \ \" . ~~. ,'" \.0 \,% ~ \"~ \z1; I-'ll \%~ ,.... \iD itO \ I~ \00 --------'. N "c ~ " 0> .. eo N o o N \------------ (:' .. ~ u. 'A \~ I.'!:. ,,,, . "(it '" c \i~ b.'S I::il h ....-' r- ';;; '" ~ u. </J " February 25, 2005 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): THERESA L. HART PLAINTIFF/SELLER: LASALLE BANK, N.A. F/KIA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/1/2000, SERIES 2000-4 DEFENDANT(S): THERESA L. HART PROPERTY: 31 EAST FACTORY STREET MECHANICSBURG, P A 17055 CUMBERLAND C.C.P. NO. 05-88 CIVIL TERM The above captioned property is scheduled to be sold at Sheriff's Sale on JUNE 8. 2005 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 distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. ?n~~ Gregory Javardian, Esquire Law Offices of Gregory Javardian 1310 Industrial Boulevard 1st Floor, Suite 101 Southampton, P A 18966 (215) 942-9690 C) ~_::o C) . <"~. ) ., <;,..r" ._4 -7' 61 1 .....() -.". r" ....'1 .....') COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Lasalle Bank N A Tr is the grantee the same having been sold to said grantee on the 8th day of June AD., 2005, under and by virtue of a writ Execution issued on the 1 st day of March, AD., 2005, out ofthe Court of Common Pleas of said County as of Civil Term, 2005 Number 88, at the suit of Lasalle Bank N A Tr against Theresa L Hart is duly recorded in Sheriffs Deed Book No. 269, Page 3911. IN TESTIMONY WHEREOF, I ha,&-ereunto set my hand an eal of said office this I' day of ,AD. Recorder of Deeds LaSalle Bank, NA f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 12/01/2000, Series 2000-4 VS Theresa L. Hart In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-88 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on March 31, 2005 at 8:50 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Theresa L. Hart, by making known unto Theresa Hart, personally, at 3 I East Factory Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2005 at 9:41 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Theresa L. Hart located at 31 East Factory Street, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sherif[ mailed a notice of the pendency of the action to the within named defendant, to wit: Theresa L. Hart, by regular mail to her last known address of 31 East Factory Street, Mechanicsburg, PA 17055. This letter was mailed under the date of April 18, 2005 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 8,2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Gregory Javardian for LaSalle Bank National Association (assignee), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee under that Certain Sale and Servicing Agreement Dated December 1, 2000 among AFC Trust Series 2000-4, as issuer, Superior Bank FSB as seller and servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 2004-4, and any Amendments thereto. It being the highest bid and best price received for the same, LaSalle Bank National Association (assignee), formerly known as LaSalle National Bank, in its Capacity as Indenture Trustee under that Certain Sale and Servicing Agreement Dated December 1,2000 among AFC Trust Series 2000-4, as issuer, Superior Bank FSB as seller and servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 2004.4, and any Amendments thereto of909 Hidden Ridge Drive, Suite 200, Irving TX 75038 being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $903.23. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed $ $30.00 17.71 15.00 15.00 30.00 10.00 .50 1.00 14.80 4.70 15.00 20.00 .37 321.20 326.98 16.47 25.00 39.50 903.23 Sworn and subscribed to before me So Answers: ThiS~day04A ~~r-."<#~ /1 '/) , . R. Thorn. as Kline, Sheriff 2005, A.D. ~~~ U. ~ ~ i ro onotary 'BY \!fJ:/rfwu:ftJ Real Estat eputy cvPr !> D 0-0 SIJ \, Gk.. 5D2 W ~. ILl / <f'f ,LASALLE BANK, NA F/KIA LASALLE COURT OF COMMON PLEAS NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING CUMBERLAND COUNTY AGREEMENT DATED 12/1/2000, SERIES 2000-4 No.: 05-88 CIVIL TERM vs. THERESAL. HART 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 31 EAST FACTORY STREET, MECHANICSBURG, PA 17055: 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THERESA L. HART 31 EAST FACTORY STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: THERESA L. HART 31 EAST FACTORY STREET MECHANICS BURG, P A 17055 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) Plaintiff. Pennsylvania Housing Finance Agency 211 N. Front Street Harrisburg, PA 17101-1406 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 . 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 31 EAST FACTORY STREET MECHANICSBURG, P A 17055 I verilY that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. February 25,2005 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE lDENTIFICA TION NO. 55669 1310 INDUSTRlAL BOULEVARD 1ST FLOOR, SUITE ]01 SOUTHAMPTON, P A 18966 (215) 942-9690 LASALLE BANK, N.A. F/KIA LASALLE COURT OF COMMON PLEAS NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING CUMBERLAND COUNTY AGREEMENT DATED 12/112000, SERIES 2000-4 No.: 05-88 CIVIL TERM vs. THERESA 1. HART NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THERESA L. HART 31 EAST FACTORY STREET MECHANICSBURG, PA 17055 Your house (real estate) at 31 EAST FACTORY STREET. MECHANICS BURG, PA 17055, is scheduled to be sold at Sheriffs Sale on JUNE 8. 2005 at 10:00 A.M., in the Cumberland County Courthouse, I Courthouse Square, Carlisle, PAl 70 13, to enforce the court judgment of $66,924.46, obtained by LASALLE BANK, N.A. F/KIA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 12/112000, SERIES 2000-4, against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE 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) 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-9690. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value 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 ifthis has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the 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 32 S. BEDFORD STREET CARL1SLE, PA 17013 TELEPHONE: (717) 249.3166 (800) 990-9108 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern line of East Factory Street, which point is fifty and forty hundredths (50.40) feet from the western line of North Arch Street; thence by the northern line of East Factory Street, south 80 degrees 00 minutes 00 seconds west, twenty-nine and twenty-five hundredths (29.25) feet to a pipe at the corner of land now or late of Gelwicks; thence by lands now or formerly of Gelwicks, north 13 degrees 56 minutes 30 seconds west, one hundred twenty and forty-two hundredths (120.42) feet to a point in the southern line of Creamery Alley; thence by the southern line of said alley, north 79 degrees 43 minutes 00 seconds east, thirty-five and eighty-seven hundredths (35.87) feet to a pin; thence by lands now or late of Russell Murray, south 10 degrees 47 minutes 30 seconds east, one hundred twenty and thirty-three hundredths (120.33) feet to the place of beginning. HAVING erected thereon a dwelling house being known and numbered as 31 East Factory Street, Mechanicsburg, Pennsylvania, said description being in accordance with a survey dated July 8,1977 by D.P. Raffensperger Associates. UNDER AND SUBJECT to restrictions, easements, and conditions of prior record pertaining to said premises. BEING THE SAME PREMISES which David A. Stoner by Deed dated November 21,2000 and recorded November 22, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 234, Page 656, granted and conveyed unto Theresa 1. Hart, single individual. TAX PARCEL No. 18-23-0565-005. WRIT OF EXEC(JTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-88 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK, N.A. FIKlA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 121112000, SERIES 2000-4, Plaintiff (s) From THERESA L. HART (I) 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 gamishee(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 $66,924.46 L.L. $.50 Interest FROM 2/17/05 TO DATE OF SALE @ $11.00 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $117.40 Other Costs Plaintiff Paid Date: MARCH 1,2005 CURTIS R. LONG (Seal) Prothonotary ~ \1t': ~"-t,,)2. Y?/UL/ Deputy REQUESTING PARTY: Name GREGORY JA V ARDIAN ESQUIRE Address: 1310 INDUSTRIAL BOULEV ARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Te]ephone: 215-942-9690 Supreme Court lD No. 55669 ~ L1- C-. ~..," 0:::;': w_> ::r:::._ _r-,_.. V_roo LL...1( . f-. lL C) LL Real Estate Sale #49 On March 10,2005 the Sherifflevied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 31 East Factory Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 10, 2005 o If) M By:JD(Lc; jrvuJf, Real Estate 'beputy (l CP I cr; ..0: :0:: ,-) ..,-, = = ~ k,r. LL...:' c,-:" l ~ ~, ,%v ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, ofthe 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: April 15,22,29,2005 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 - -'" 'nd ch2ra~t~r of publication are true. SWORN TO AND SUBSCRIBED before me this 29 day of April IAL SEAL LOIS E. SNYDER. Notary Public Carlisle Bora, CumbetIand County My Commission Elcpires March 5. 2009 ." pla.Ct;......._ "__ '"~,,''.\''.''' REAL ESTATE SALE NO. 49 Writ No. 2005-88 Civil LaSalle Bank. N.A.. f/k/a LaSalle National Bank, as Trustee Under the Pool1ng and SeIVicing Agreement Dated 12/01/2000. Series 2000-4 vs. Theresa L, Hart Atty.: Gregory Javardian ALL TIIAT CERTAIN tract or par- cel of land and premises, situate. lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a point on the northern line of East Factory Street, which point is fifty and forty hun- dredths (50.40) feet from the west- ern l1ne of North Arch Street; thence by the northern line of East Factory Street, south 80 degrees 00 minutes 00 seconds west. twenty-nine and twenty-five hundredths (29.25) feet to a pipe at the comer of land now or late of Gelwicks; thence by lands now or formerly of Gelwicks, north 13 degrees 56 minutes 30 seconds west. one hundred twenty and forty- two hundredths (120.42) feet to a point in the southern line of Cream- ery Alley; thence by the southern line of said alley, north 79 degrees 43 minutes 00 seconds east, thirty. five and eighty-seven hundredths (35.87) feet to a pin; thence by lands now or late of Russell Murray. south 10 degrees 47 minutes 30 seconds east. one hundred twenty and thirty-three hundredths (120- .33) feet to the place of beginning. HAVING erected thereon a dwell- ing house being known and num- bered as 31 East Factory Street, Mechanicsburg, Pennsylvania, said description being in accordance with a survey dated July 8. 1977 by D.P. Raffensperger Associates. UNDER AND SUBJECT to restric- tions, easements, and conditions of prior record pertaining to said prem- ises. BEING THE SAME PREMISES which David A. Stoner by Deed dated November 21, 2000 and re- corded November 22. 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 234, Page 656. granted and conveyed unto Theresa L. Hart. single individual. TAX PARCEL No. 18-23-0565- THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Connnonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Connnonwealth 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 26th day(s) of April and the 3rd and 10th day(s) of May 2005. 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 duIy 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. COpy S ALE #49 Sworn to and su NOT Y PUBLIC My commission expires June 6, 2006 PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 326.98 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... REAL I!81lUE ~ No.4I ...No._ ClvllT_ 1.liII!dIa.... N.A. f/kfIIl..tISIIIIIl.......... II-*. .. 1l1ioIIIe...........~ .... SeMc:kog ~ IlMid 12/ ----- v. ~L.1Wt . AlIy:""'" .--..... OII8CIllPnON AIL 1llAT (ERTAIN "'" cr JlIlI'Ol ofbDd aodpremiJes,-'lyiDglllllbeiDgindle ~--. ~~;J li>rty.........~..._dle........... Ilf _ A1dJ Stn:a; 1hiUI!;e. bl' die acrdJem" of EDt i'odl>:y s-,. 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