Loading...
HomeMy WebLinkAbout05-4571 LA W OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD ]sTFLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION (ASSIGNEE) F/KJA LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED DECEMBER 1, 1999 AMONG AFC TRUST SERIES 1999-4, AND ANY AMENDMENTS THERETO 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TEXAS 75038 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. OS - 4S7/ c;u;{/~- VS. COMPLAINT IN MORTGAGE FORECLOSURE JOEY V. SULLENBERGER DENISE C. SULLENBERGER 481 SAMPLE BRIDGE ROAD ENOLA, P A 17025 DEFENDANTS 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 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 S 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 MA Y 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 OTHER WISE) 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 I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION (ASSIGNEE) F/KIA LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED DECEMBER 1,1999 AMONG AFC TRUST SERIES 1999-4, AND ANY AMENDMENTS THERETO 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TEXAS 75038 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. O-j-. ,/S"7/ C;.J ~ VS. COMPLAINT IN MORTGAGE FORECLOSURE JOEY V. SULLENBERGER DENISE C. SULLENBERGER 481 SAMPLE BRIDGE ROAD ENOLA, PA 17025 DEFENDANTS CIVIL ACTION MORTGAGE FORECLOSURE 1. EMC Mortgage Corporation, Attorney-in-Fact for LaSalle Bank National Association (Assignee) f/k/a LaSalle National Bank, in its capacity as Indenture Trustee under that certain Sale and Servicing Agreement dated December I, 1999 among AFC Trust Series 1999-4 and any amendments thereto, (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. Joey V. Sullenberger and Denise C. Sullenberger, (hereinafter referred to as "Defendants") are adult individuals residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between the Defendants and itself as Mortgagee by Assignment. The Mortgage, dated November 29, 1999, was recorded on December 10, 1999 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1586, page 739. 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 3792. A copy of the Mortgage is attached and made a part hereof as Exhibit 'A'. 4. The Mortgage secures the indebtedness of a Note executed by Defendants on November 29, 1999 in the original principal amount of $34,600.00 payable to Plaintiff in monthly installments with an interest rate of 11%. A copy of the Note is attached and made a part hereof as Exhibit 'B'. 5. The land subject to the mortgage is 481 Sample Bridge Road, Enola, P A 17025. A copy of the Legal Description is attached as part of the Mortgage as Exhibit 'A' and incorporated herein. 6. The Defendants are the record owners of the mortgaged property located at 481 Sample Bridge Road, EnoIa, P A 17025. 7. The Mortgage is now in default due to the failure of Defendants to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $21,110.46 Interest to 8/19/2005 1,342.39 Accumulated Late Charges 810.24 Total-Fees 32.00 Recoverable Balance 154.90 Cost of Suit and Title Search 550.00 Attorney's Fees 1,000.00 TOTAL $24,999.99 plus interest from 8/20/2005 at 6.36 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 purchase at Sheriff s sale. Ifthe 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 Intention to Foreclosure ("Act 6 Notice") 41 P.S. Section 403 and Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. 10. The Notice ofIntention to Foreclose and Notice of Homeowners' Emergency Mortgage Assistance were required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendants by regular and certified mail on May 4,2005. 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 Plaintiff s favor and against the Defendants, in the sum of $24,999.99 together with the interest from 8/20/2005 at $6.36 per day, costs of suit and attorney fees. Law offices of Gregory Javardian EXHIBIT 'A' _.~._->-- -----~------ , o 8E A TRUE CER~l\f\EO 1 TeO?'( AND , , ~- -- ---~/ SECONDARY MORTGA.GR LOA.N This Agrecmcot Ig Subject To The Provisions Of The Secondary Mortgage !..Dan Act. MORTGAGE THIS MORTGAGE is made this between the Mortgagor, JOEY V_ 29th day of NOVEtl.BER, 1999 SULLENBERGER AND DENISE C. SUL~ENBERGER and the Mortgagee, EQUI'I'Y ONE, INCORPORATED, A (herein "Borrower"), PENNSYLVANIA CORPORATION , a corporation organized and existing under the taws of PENNSYLVANIA whose address is 4909 LOUISE DRIVE, SUITE 106, MECHANICSBURG, PENNSYLVA.~lA 17055 (herein"Lender"). . . h' '. I fUS$ 34600.00 WHEREAS Borrower is mdebted to Lender In t c pnnclpa sum 0 " , . ' , d d NOVEMBER 29 19 9 9 and extensions which indebtedness is evidenced by Borrower s note ate ..' . . and enewals tliercof (herein "Note") providing for monthly installments of pnnclpal and Interest, wlth the balance of the r . ' DECEMBER 3, 2009 ; indebledm'ss, jf nor sooner paid, oue and payable On 'fa SECURE to lender the repayment of the indebtedness evidenced by the Note, with ~nterest :hereon; the paymeo.t of all other sums. witt!. imerest lhercon, advanced in accordance herewith to protect the secunty of thIS Mortgage; and the pcrfonnancc of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and Coovey to Lender the following described properly locz\ed in tbe County of CUMBERLAND , State of Pennsylvania: THEREOF LEGAL DESCRIPTION ATTACHED HERETO AND ~ADE A PAR which has the address of Pennsylvania 17025 481 SAMPLE BRIDGE ROAD, ENOLA IS",.I! (herein "Property Address"); laJ~) il,pC"",: TOGETHER with all lile improvements now or hereafter erected on the property, and all easements, rights, ap- purtenances and rents, all of which shall be deemed to be aJ)d remain a part of the property covered by this Mortgage; and all of the foregoing, together with said properly (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred 10 as Ihe "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 Covenants that Borrower warralUs and will defend generally the title to the Property against all claims and demands, subject 10 encumbrances of reconl. UNIFORM COVENANTS. Borrower and Lender covcnalll and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges a.~ provided in the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full. a sum (herein "Funds") equal to one~twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, jf any, plus one-twelfth of yearly premium installments for hazard insurance, plus one~twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonabk estimales thereof. Borrower shall not be obligated [0 make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institulionallender 3:} a 93 _ 11651 PENNSYLVANIA -Sl'COND MORTGAG[;" - 1/80. r:NMAlFHLMC UNIFORM INSfItUMENT f'orm 3839 !CC.f1r.::)14~_71% r.~< I of. . 0 Common~!,~~~ COW.JO....'\YT..UTH L.wp 'I'm.E INSIJRANf:f: COMPANY File No. P120,645 ~===~=============~======~===~====================~=~=========-== LEGAL DESCRIPTION ALL THAT CE:RTAIN houu and erace or land IIlt:u8t:e ln tne townllhip of SHYer Spring, County of Cumbuolan4 anlt State ot pennllylvania. bounlted ~nd de8cribed a. tOllow., to wit. . BEGINNING Ilt a point on the northern dedicated rignt-ot.way line of Sample Brid~e Road, .aia point baing referenced and locaeed a.947 -/- feet from the incarnation of 1>11111" allp Roae! and SlImplo Bridge Roadl thence trom .aid point of b8in~ along land now or late o! W. H. llhoall Nortll 4 degnell Kest, . 41stanoe ot ~,037 +/.. :e.t to & point I thence along land nOW or lat. of aell and Albright North 79 dl9'."s Jut, & dietance of 184 +/- tlet: to a polnt: thance along land now or late of Frank Sheriff SOllth 4 aewrelllj E..t, a dilltanc. of J,CJ! _I. fesC tc a point. thenee alonf ~hl nonhern d'8aic:ated I.'iqllt-ot-way Una of S.mp~1 Bri.d~. Roa<l itl . westerly d1rlot10n .long an areot a e~rv., curVing to thl r~9ht, h.ving .. ncHl.ls o! leQO -/- het an~ .n uc Llngth of 15:1 _/.. lalt co a poine. eha placa o! BEGINNING. SAID lot contain! 7.1 .crea, more or lQs.. BEING THE SAME PREMISES which George F. SUllenberger, Jr. and Ellen Marie Sullenberg~r. h/w. by cheir deed dated March 19, 1999. and recorded March 19. 1999. 1n the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 196, Page 3D, granted and Conveyed to Joey V. Sullenberger and Denise C. Sullengerger, h/w, Mortgagors herein. . PA3 FO'm4100 If Borrower pays Funds to Lender, the Funds shall be hel? in an ins~itutionthe.de~osi~ or accounts of wh!ch are insured or guaranteed by a Federal or state agency (including Lender If Lender IS such an IOstltutlOn). Lender shall. apply the Fu~ds to pay said taxes, assessments, insurance premiums and ground rems. Lender may not ~harge for so holdmg and i!.pplymg the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays .Borr~v:er intereslon the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree In wntmg at the time of execution of tbis Mortgage that interest on the Funds shall be paid to Borrower, and unless such ~greement is made or applicable law requires such interest to be paid, Lender shall not be required. to pay Borrower any .lOtercst ?r carnings on the Funds. Lender shall give to Borrower, wilhout charge, an annual accountlOg of the Funds showmg ~r~dlts and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additIOnal sccurilY for the sums secured by this Mortgage. . If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prIor to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If Uie amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amoUnt necessary to make up the deficiency in om: or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph j 7 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no taler than immediately prior to the sale of the Property or its acquisitIon by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by Ib.is Mortgage. 3. ApplicalionofPayments, UnLess applicable law provides otherwise, all payments received by Lender under the Notc and paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then 10 interest payable on the Note, and chen to the principal of the Note. 4. Prior Mortgages and Deeds of Trost; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage. deed of trust or other security agreement with a lien which has. priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall payor cause to be paid a11 taxes, assessments and other charges, fines and impositions atlributablClIO the Property which may attain a priority over this Mortgage, and leasehold payments or ground renls, jf any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, haznrds included within the term "exlended coverage", and such other ha:z.ards as Lender may require and in such amounts and for such periods a.s Lender may require. The: insurance carricr providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall nO! be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any man gage, deed of truSt or other security agreement with a lien which has priority over this Mortgage. In Ihe event of loss, Borrower shall give prompt notice to the insurance carrier liJ.1d Ll:nder. Lender may make proof of Joss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond 10 Lender within 30 days from the date notke is mai.led by Lender to Borrower that the insurance carrier offers 10 sellle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or 10 the sums sl.'Curcd by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall no! commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or CQvenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in tJlis Mortgage, Of if any action or proceeding is commenced whJch materially affects Lender's interest in tile Propeny, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonablc attorneys' fees, and take such. action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making tile loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect UllljJ such time as the requirement iOf such insurance terminates in liccordancc with Borrower's and Lender's wrilten agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note ralc, shall become additional indebtedness uf Borrower secured by this Mongage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall requm: Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of tlle Property, provided that Lender shan give Borrower notice prior 10 any such Inspection specifying reasonable cause therefor related la Lender's interest in the Property. 9. Co.ndemrution. Th~ proceeds of any award or claim for damages, direct or consequential, in connection with any cO~demna(lon or other taking of the Propeny, or pan thereof, or for conveyance in lieu of condemnation, are hereby aSSIgned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority OVer thIS Mongage. lo. .Bor:ower Nol Released; Forbearance By Lender Not a Waiver. Extension of the time for payment Or modification. of amonJzatlon of the sums secured by this Mortgage granted by Lender to any SUCCl::lsor ill interest of Borrower sllall not operate to release, in any manner, the liability of the original Borrower and Borrower's Successors in interest. Lender shall not be re~uired to COnUOence proccedi~gs against such successor or refuse to extend time for payment or otherwise modify amofllzatwn of the sums sl.."cured by thIS Mortgage by reason of any demand made by the original Borrower and Borrower's succ~ssors III interest. Any forbe.\rance by Lender in exercising any right or remedy hereunder, or otherwise afforded by ilPpllcablc law, shall nOl be a w;llver of or preclude the exercisc of any such right or remedy. Pl!HNSYLV^NM. SECOND MOfffG^GE. IIBO . I'NMMflll..MC UNIH1RM INSl'RUMENT JCC-IIl'llI14).7t<)(i P'I< ~ of oj rvrm]8J9 11. Successors and Assigns Bound; Joint and Several Liability; C<rsigners. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of ~~nder and Borrower, subjett to the provisions of paragraph 16 hereof. All covenants and agre~ments. or.Borr~wer shall be JOint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (3) IS co-slgmng thIS Mortgage only to mortgage, ~rant and convey that Borrower's interest in the Properly to Lender under the terms of IIlis Mortgage, (b) is nOI personally liable on the Nole or under this Mortgage, and (c) agrees Ihat Lender and any other Borr~wer hereunder may agree ~o extend, modify, forbear, or make any other accommodations with rcgar~ t? the .terms of thIS Mortgage or the ~Ol~ wltho~t 1I1at Borrower's consent and without releasing that Borrower or modlfymg 11m Mortgage as to that Borrower s Interest In the Property. . 12. Notice. Except for any notice required under applicable Jaw to be given ill anOlher manne~, (a) :u:y notlce to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certlfied mall addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice 10 Lender as provided herein, and (b) any notice to Lender shall be given by certified maBto Lender's address stated herein or to such Olher address as Lender may designate by notice 10 Borrower as provided herein. Any notice provided for in Ihis Mortgage shall be deemro to have been given to Borrower or Lender when given in the manner designated herein. . 13. Governing Law; Severability, The state and local laws applicable to this Mortgage shall be the laws at the jurisdiction in which the Property is localoo. The foregoing sentence shall no\ limit the applicability of Federal law to t~is Mortgage. In Ihe event that any provision or claUse of this Mortgage or the Note conflicls with applicable law, such conflict shall not affect other provisions of this Morlgage or the Nole which can be given effect without the conflicting provision, Mld to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs". "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a confom1ed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligationsunder any home rehabilitation, improvemcllt, repair, or other loan agreemenl which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower 10 execule and deliver to Lender, in a form acceptable 10 Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transrer of the Property or a Beneficial Interest in norrower, IfalJ or any part of the Property or any interest in it is sold or transferred (or if a bencticial interest in Borrower is sold or transferred and Borrower is not a natural person) wilhout Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Mongage. However, this option shall not be exercised hy Lender if exercise is prohibited by federal law as of the date of this Mongage, If Lender exercises this option, Lender shall give Borrower notice 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 Mortgage. If Borrower fails to pay these sums prior to the expiration of Ihis period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON~UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement oCBorrower In this Mortgage, including the covenants to pay when due aoy sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower :IS provided by applicable law specifying, umona: other things: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days Crom the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that Cailure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial prOCeeding, and sale of the Property, The notice sha1l further infonn BOlTower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower 10 acceleration and foreclosure, If the breaeh is noC cured Oll or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding, Lender shall be entitled to collect in such pl'occeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, and costs of documentary evidence, abstracts nod title reports, 18. Borrower's Right to Reinstate, Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to at least one hour before the conunencement of bidding at a sheriff's sale or other sale pursuant 10 this Mortgage if: (a) Borrower pays Lender all swns Wllich would be then due under this Mortgage and the Note had no atteleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incllrred by Lender in enforcing the covenants and agreements of Borro.w~r Contamed in this Mortgage and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not lImIted to, reasonable allomeys' fees: and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mongage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue llnimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had uccurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession, As additional security hereunder, Borrower hereby assigns [0 Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragrilph 17 hereof or abandonment of Ihe Property, have the right to collect and retain such rents as they become due and payable. . . ~pon acc~Jeralion ~ndcr paragraph 17 hereof or abandonment of the Property, Lender, in person, by agenl or by JudICially appOinted receIver shall be entitled to enter upon, take possession of and managc the Property and to collect the rents of tile Property includin~ those pas! due. All rents collected by Lender or the receiver shall be applied first to payment of the ~osts, of management 01 the Property ~d collection of rems, including. but nOllirnited to, receiver's fees, premiums all recelv~r s bonds and reasonable attorneys fees, and then 10 the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all SUms secured by this Mortgage, Lender shall discharge this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Interest. Rate After Judgment. Borrower agrees that Ihe interest rale payable after a judgment is entered 011 lhe Note or In an action of mortgage foreclosure shaH be the rate stated in tile Note. I'F..NNSYLvANIA . SECOND MORTGAGE - 1/80. ~'NMAlFHlJ\tC UNIFORM INSTRUMF.NT ICC'Hr.2tl~_719G r'~.)of4 FOl'luJllJ9 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance w,ith a lien which has priority over thUi Mortgage to give Notice 10 Lender, at Lender's address set f?rth on page one of Illls Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure actIon. JO I.. v. s Seal Borrower .., Borrower orrower has executed this Mortgage. (Selin Borrow(':f ISeall Borrower (Seal) Borrower (Seal) Borrower (Sign Original Only) Certificate of Residence I, (A,I,.J,,, r-\ ,n'v.<.JE. address of the wilhin-named Lender is l/'juCI (QV,,. ,).'1, Witness my hand this , do hereby certify that the correct EQUITY ONE, INCORPORATED, A PENNSYLVANIA CORPORATION j ..fI.I>~ JO," ,,"i('&-\ p,">. \ '=toJ~r dayar IWV, r"'('1'f '~#tt' " g at of lender Jq COMMONWEALm OF PENNSYLVANIA, (' Vf\v"e.-I LWO County ss: On this, the 29th day of NOVEMBER, 1999 ,beforeme, the undersigned officer, personally appeared JOEY V. SULLENBERGER AND DENISE C. SULLENBERGER known to me (or satisfactorily proven) to be the person whose name .f to the within instrument and acknowledged that ",-~ for the purposes herein COntained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. "M subscribed executed the same My Cornmiss NOTARIA~ SEA~ DAVID H. STONE. NoiaIY Publ~ New Cumliel1lnllll<<o. CumbeIIMd Co. . r.t; Commlulon Expl... Nov. 9, 2002 ~~1kL~ n ~<'l-b'1( fC,I,.' Title of Officer (Splice Below TIlls Line Reserved For Lender and Rl.'(order) PENNSYLVANIA. SECOND MORTGAGE. 118(l_ FNI\-WFULMC UNIFORM INSTRIJMENT ICCHN2114S-7/% f'>!Io4of4 FonnJa39 --------~._-_._---- DE ADDENDUM TO MORTGAGE/DEED OF TRUST/ DEED TO SECURE DEBT/SECURITY DEED Thl, ADDENDUM TO MORTGAGE/DEED OF TRUST/DEED TO SECURE DEBT/SECURITY DEED (also known as "Security Instrument") is made this 29th day of NOVEMBER, 1999 , and is incorporated imo and amends the Security Instrument of the same date given by the undersigned (the "Borrower") to secure Borrower's Note (the "Note") 10 EQUI TY ONE, INCORPORATED, A PENNSYLVANIA CORPORATION (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 481 SAMPLE BRIDGE ROAD, ENOLA, PENNSYLVA.~IA 17025 (Property Address) In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further agree as follows: 1. If the Security Instrument is a Second Mortgage FNMA/FHLMC Uniform lnstrument, then the paragraph emitled, "Payment of Principal and Interest" is amended to include prepayment charges as provided in any Prepayment Rider executed in connection with the Note. 2. The paragraph of the Security Instrument entitled, "Application of Borrower's Payments" or alternately "Application or Payments," is deleted in its entirety and the application of payments is governed by the Note. 3. 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: n Additionally, Lender may require immediate payment in full of the entire amount remaining unpaid unuer the NOle and this Security Instrument, if; (I) On application of Lender, two or more insurance companies licensed to do business in the State in which the Property is located, refuse to issue policies insuring the buildings and improvements on the Property; or (2) Borrower fails to make any payment required by a senior mortgage, deed of trust, deed to secure debt or other security instrumem encumbering or affecting the Property or fails to keep any other promise or agreement in any senior mortgage, deed of truSt, deed to secure debt or other security instrument 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 aClivity." 4. 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, "ReIeasen or alternately "Redemption Period:" "Borrower shall pay any recordation and/or official costs in connection with this mortgage." MULTISTATE ADDENDUM TO 1ST/2ND FNMAlAfLMC SECURITY INSTRUMENT GENERIC (4/JO/9~) - SHORT FORM HI'<<(l344_1198 AM(j()ISD,USM P'll,lol' OE b. Language is added to the Security Instrument as follow~: "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 THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. rr c. If the Security Instrument is a second or junior priority Security Instrument, [hen the following applies: Unless otherwise preempted by applicable federal or other law. the prepayment penalty and attorneys' fees provisions from paragraphs 1, 3, 7, 18 and 21 are deleted in their entirety. 5. The paragraph of the Security Instrument entitled, "Transfer of the Property or a Beneficial Interest in Borrower I" is amended by changing the notice of defaull 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 dllYS if the loan is secured by a lien on real property in the State of Oklahoma. 6. For a loan secured by Kansas real property, ifche Security Instrument is Form 3017, the last sentence in the paragraph entitled, "Acceleration; Remedics,lt is deleted and replaced with the following: "Lender shall be entitled to collect 011 reasonable expenses incurred in pursuing the remedies provided in this paragraph, including, but not limited to, reasonablc attorncys' fees, to thc extent ll]lowC'd hy applicuble Jaw." fn addition, the paragraph entitled, "Attorneys' j"ces," is deleted in its entirety. 7. For a loan secured by Ohio real propeny, the following language is added after the legal description section of the Security Instrument: "This mongage is given upon the statutory condition. "Statutory Condition" is defined in Section 5302.14 of the Revised Code and provides generally that jf Borrower pays the indebtedness and performs the other obligations secured by this mortgage, pays all taxes and assessments, maintains insurance against fire and other hazards and does not conunit or permit waste, then this mortgage will become null and void." 8. For a loan secured by South Carolina real property: If the Security Instrument is Form 3041, the second sentence of the paragraph entitled, "Waivers,u is deleted. If the Security Instmment is Fonn 384J the paragraph entitled, "Waiver of Right or Appraisal," is deleted. 9. The paragraph of the Security Instrument entitled, "Law That Governs This Security InstrumenttM:ortgage" or alternately "Governing Law; Severability," is amended by deleting the firs! sentence and replacing it with the following language: "This Security Instrumem 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." MULTtSTA1"E ADDENDUM TO 1ST/2ND FNMMFHLMC SECURITY INSTRUMENT GENERIC (4/J0/98) . SHORT FORM IlP440l-lS_lIIlJ& AMG013D.USM P,&o,gf4 DE 10. If the Security In'trumtm is a secono or )\\U1Cf 'Priority Sec\ui.\)' Instrument, then a paragraph ~$ added to the Security Instrument as follows; "WAIVER OF RIGHT TO INCREASE PRIOR MORTGAGE/DEED OF TRUsr. Borrower hereby waives Borrower's rights if any. 10 increase any senior deed of trust, mortgage or other security instrument on the Property under any provision comained therein governing optional future advances, and, (0 the extent pennitted by law. 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, (axes, municipal liens. assessments or other charges on the Property. If, nOlwithstandingthe 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." 11. A provision is added to the Security Instrument as follows; "Borrower hereby acknowledges receipt, without charge, of a true copy of the Security Instrument." 12. Escrow Waiver IX] If the box above has been checked, Lender waives the requirement fOT Borrower to make payment to Lender for the escrow items referred to in the paragraph of the Security Instrument entitled, "FundsiMonthly Payments for Taxes and Insurnnce." Borrower shall pay these obligations on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts 10 be paid under this paragraph, and receipts evidencing such payment. 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 thc paragraph of the Security Instrument emitled, uJ<unds\Monthly Payments for Taxes and Insurance," if Borrower defaultsif1 the payment of such. escrow items and such default is not cured wi.t.bin th.e time set farth. in any notice sent to Borrower by Lender. Lender reserves such right even though Lender did not establish such escrow account as a conditiof1 to closing the loan. If Lender requires Borrower to make payments to Lender as p,ovided herein, the provbion~ of me p<uagnph of tile Security instrument entitied, "Funds\Monthly Payments for Taxes and If1surance'1 will be in full force and effect. 13. A paragraph is added to the Security lnslrumenl as follows: "FORCE PLACED INSURANCE. Unless otherwise prohibited by applicable law, if Borrower does not provide Lender wit.h evidence of insurance coverage (for Jlly type of insurance that is required by Lender), Lender may purchase insurance al Borrower's expense 10 protect Lender's interests in Borrower's Property. This insurance may, but need not, protect Borrower's interesls. The cowrage 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 witl1 evidence that Borrower has obtained the required insurance. If Lender purchases insurance for th~ Property, Borrower will be responsib\e for the costs of that insurance, including the lnsurwce premium, interest at the rate provided by the tenus of the Note and any otller charges that the Lender or the insurer may impose in connection with the placement of the insurance (for example, a fee from lile carrier for processing the forcc 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 he purchasing insurance uf1der a general policy thai does not consider Borrower's individual insurance situation." MUl,.TISTATc ADDENDUM TO lSTf2ND f'-'NMMFHLMC SECURJT'{ INSTRUMENT GENERIC (M30f98) _ SHORT FORM H"'@l6--~1'l8 AMG{JI.1D,USM r'l,lor4 , DE 14. A paragraph is added to the Security Instrument as follows: "Verification or reveriticalionof the Property's valuation or any other information nonnally contained in an appraisal may be required as parI of Lender's ongoing quality control procedures. Borrower agrees to cooperate fully with Lender and/or its agents, successors or assigns in obtaining and completing a full appraisal in the future at Lender's sole option and expense." 15. If an Adjustable Rate Rider is executed in conjunction with the Security Instrument, such rider is amended by: a) deleting the section entitled, IITransfer of the Property or a Beneficial Interest in Borrower." and b) adding to the section entitled, "Interest Rate and Monthly Payment Changes" (D) "Umits on Interest Rate Changes," the following language: "My interest rate will never be less than %." 16. If the Security Instrument is assigned or transferred, all or a ponion of this Addendum may be voided at the option of the assignee: or transferee. Any terms and provisions of this Addendum which ate v ided will be governed by the original tenns of the Security Insrru ent. \.(~ D C. Borr wer Borrower Borrower Borrower Borrower MULT/STATE AllDENDUM TO ISTI'2ND FNMAlFHLMC SECURITY INSTRUMENT GENERIC (4/30/98) . SHORT FORM li~ln-8l9ll AMGOI~II.USM P''!:<401"f .KNOW ,\LL MEN BY THESE PRESENTS that EQUITY ONE INCORPORATED for considcrntion pnid, docs hereby ~ssign, ll';Jnsfcr nnd set over unto ALLIANCE FUNDING a:t1PANY, A DIVISICN OF SUPERIOR BANK, FSB That certain m'Jrtgage deed dated November 29, 1999 From: Joey V. Sullenberger And Denise C. Sullenberger 481 Sample Bridge Road Enola, PA 17025 To EQUITY ONE INCORPORATED ILoan Alrount $34,600.00) Township of Silver Spring . Fih:d for record in (he office oCtile County Ckrk of CUmbe.rland County. PA . on tfie dnyof ,at o'clock m,. nnd recorded in Book: of Mortgages at pnge of the records of s~id cOllnty, together with the 110lC or nOles therein mentioned :lnd [III indebtedness secured thereby. em: Rl\MLNlD ROAD ORANGEBURG, NY 10962 DATED this 6 day of December , 1999 ~tt"l: / - --- ACKNOWLEDGEMENT (For Individuals) STATE OF County of )55. Onlhis day of ,19 , before me, the undersigned, a Notary Public for said state, personally appenred personnlly known to me (or proved to me on the basis of satisfactory subscribed to the foregoing instrument ilnd evidencc) (0 be the persons(s) whose nal1le(s) acknowledged lhnl_.____ executedthcs~me. (Reserved forOfftciul Senl) S;g"otu,,~~ Michael Devine Name (typed or printed) \VITl\,IESS my h:md ill1d offici:ll seal. My Commission expires: ACKNOWLEDGEMENT (For Corporation) STATE OF PENNSYLVANIA COllcty oflJUCKS )55. On this 6 day of December , 19 99 before me, the undersigned, n Notary Public for said Slate, personilJly ilppeared APRIL r. BIRNEY c.>:ectltcd the within instn:mcllt:ls ASSISTANT SECRETARY EOUITY ONE INCORPORATED alld Michae 1 Devi ne who executed the within instrument as Manaaer pcrsonnHy knOIVn to me (or p~oved to me on the basis of satisfactory evidence :0 be the persons who executed the within instrument on behalf of the corpot"atian therein IHlmcd, and acknowlcdged to mc that !;lIch cOI'poration executed the wiU,in instrument pursuant to its by-laws or:\ resolutiorJ of its board ofdireclors. (Reserved for Officinl SCili) S;g'~e 0{)ULI{i1 i n'11..rr'(cj i )({trl (Xl ( MOr ,(/) Nnme (typed or printed) WITNESS my hand and official seal. My Ccm',nission expires: NolWlSHl Deanna l. Me:rkI. Nollry Public ......._Top.. Buok. ""- My CornrnINIon ExpIru Jan. 27, ~~ ' Mem:lsr,f'&.~..jMlnIaAatoclatlonOlIWJI'" WE CERTIFY THE CCMPLETE MAILING ADDRESS IS: em; !WIIJ\ND = ----'---_.-_._--..--~-_._~------ EXHIBIT 'B' SECONDARY MORTGAGE LOAN This Agreement Is Subject To The Provisions or The Seeondary Mortgage Loan Act. NOTE NOVEMBER 29. 1999 MECHANICSBURG, PENNSYLVANIA D3te City ROAD, ENOLA, PENNSYLVANIA 17025 Stale 481 SAMPLE BRIDGE [Properly A(jllre.~~J 1. nORROWER'S PROMISE TO PAY In return for a loan that I have received, r promise to pay U.S. $ 3 <1 , 600 . 00 (this amount will be called "principal"), plus interest, (0 the order of the Lender. The Lender is EQUITY ONE, INCORPORATED I A PENNSYLVANIA CORPORATION I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by trrmsfer and who is entitled to receive payments under this Note will be called (he "Note Holder," 2. INTEREST I will pay interest at a yearly rate of 11 . 000 %. Interes! \viII he charged on unpaid principal until the full mnount of principal has been paid. 3. PA Y!\1ENTS I will pny principnl nnd interest by making payments each month of U.S. $ ':1 76.62 J will make my payments on the 3 rd day of each month beginning on JANUARY 3, 2000 I will make these payments every month until I have paid all of the principal and interest and any other charges, described below, that I may owe under this Note. If, on DECEMBER 3, 2009 , I still owe amounts under this Note, r will pay all those amounts, in full, on that date. I will make my monthly payments llt 4909 LOUISE DRIVE, SUITE 106, MEeHANI CSBURG, PENNSYLVANIA 17055 or at a different place if required hy the Note Holder, 4. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Lale Char~e For Overdue Payments If the Note Holder has not received the full "mount of any of my monthly paymenlS by the end of days after the dale it is due, J will pay a late charge to the Note Holder. The amount of the charge will be of my overdue p"yment, hut not less than U.S. $ 5, 00 and not more than U.S. S 47.66 pay this late charge only once on any late payment. (B) Default If 1 do not pay the full amount of each monthly payment by the date staled in Section 3 above, I will be in default. Even if, at a time when I am in default, the Note Holder does not require me to pay irrunediately in full as described below, the Note Holder will still have the right to do .<;0 if I am in default at a later time. (C ) Notice From Note Holder 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 certnin date the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all tllC interest that 1 owe on that amount. Thai date must be at least 30 days after the dale on which the notice is mailed to me or, if it is not mailed, 30 days afLer the date on which it is delivered to me. (D) Payment of Note Holder.s Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have tlle right to be paid back for all of its costs and expenses to the extent not prohibited by applicable law. Those ellpenses include, for example, reasonable attorneys' fees. 15 calendar 10.00 % . Twill S. TillS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under this Note, a Mongage, dated NOVEMBER 29, 1999 protects the Note Holder from pOSSible losses which might result if I do not keep the promises which I make in this Note. 111<11 Mortgage describes how and under what conditions I may be required to make immediate payment 111 full of all amounts that J owe under thi~ Note. 6. BORROWER'S PA YJ\1ENTS BEFORE THEY ARE DUE I have the right to make payments of principal .at any time before they are due, A payment of principal only is known as a "prepayment." When I make a prepRyment, I will tell the Note Holder in a letter that J am doing so. 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" I may make a ful\ prepayment or a partial prepayment without paying MY penalty. The Note Holder will use all of my prepayments to reduce the amount of principal that r owe under this Note. If J make a partial prepayment, there will be no delays in the due dmes or changes in the amounts of my monthly payments unless the Note Holder agrees in writing to those delays or changes. I may make II full prepayment at any time. If I choose to make a partial prepayment, the Note Holder may require me to make the prepayment on the same day that one of my monthly payments is due. The Note Holder may also require that the amounl of my partial prepayment be equal to the amount of principal that would have been part of my next one or more monthly payments. PENNSYLVANIA. SECOND MORTGAGE - 1180. FNMAIFIILMC UNIFORM INSTRUMENT HNllr.R1_4f'l7 33893 .11651 r.~<IQf1 Form3\l39 7. BORROWER'S WAIVERS I waive my rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amounts due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of nonpayment (known as a "protest"). Anyone else who agrees to keep the promises made in (his Note, or who agrees to make payments to the Note Holder jf I fail to keep my promises under this Note, or who signs this Note to transfer it to someone else also waives these rights. The.~c persons are known as nguarantors, sureties and endorsers." 8. GIVING OF NOTICES Any notice Ihal must be given to me under this NOlt: wiJI be given by delivering it or by mailing it by certified mail addressed to me at the Property Address above. A nOllee will be delivered or mailed to me al a different address if J give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by certified mail 10 the Note Holder at the address stated in Section 3 above. A notice will be mailed to the Note Holder al a different address if I am given a notice of that different address. 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us individually or against all of us togelher. This means [hat anyone of us may be required 10 pay all of the amounts owed under this Note. Any person who takes over my rights or obligations under this Note will have at! of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Nole (as dcs\.:ribed in Section 7 above) is also obligated to keep all of the promises made in [his Note. NOTICE TO BORROWER Do not sign this Note if it contains blank spaces. All spaces should be completed before you sign. ~__ ~ v(. ~!LENBERGER (Seal) Borrower (" (50,1) Borrower (Seal) Borrower (S,lll) Borrower (S"I) Aorrower (S,al) Borrower (Sign Original Only) PF.NNSYLVANIA - .~ECONO MORTOAGE . I/~O - FNMAIFHLMC UNIFORM INSTRUMENT IINIlAAll.41<)1 33893 .11651 ~~nfl FOnllJ'39 ADDENDUM TO FNMA NOTE This ADDENDUM TO NOTE is made this 29th day of NOVEMBER 29, 1999 , and is incorporated into and amends and supplements the Note. Adjustable Rate Note or Balloon Note of lite same date, and any extensions and renewals of thaI Note, given by the undersigned ("Borrower") to EQUI TY ONE, INCOR"PORA:E~ I ~ PENNSYLVANIA CORPORATION ( Lender ){ Note ). In addition to the agreements made in the Note, Borrower and Lender further agree as follows: I. Balloon Payment Loan 0 If the box above has been checked. the following provisions are added to the Note: A. "THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE TIlE LOAN AT THAT TIME. YOU WILL. THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN. OR YOU WILL HAVE TOFlND A LENDER. WHICH MAY BE TIlE 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 TIlE CLOSING COSTS NORMALLY ASSOCIATED WrrH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER." R The "Pavments" section of the Note is amended by deleting the first sentence and replacing it with the following language: "J 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 amOUllt of U,S. $ N/A Assuming all scheduled paymenls of principal and interest are made on their due dates, rhe final payment will be U.S. $ N/A [New York only: "The above spedfied final payment consists of U.S. $ N/ A which will he principal and the balance will be interest. "1 2. The section of the Note entitled, "Borrower's Promise to Pay, II is amended by adding lhe folJowing language after the first sentence: "Any amounts owed under the Security Instrument that is executed in conjunction with this Note are and shall be part of the debt obligation under this Nore. " 3. If the Note is a second mortgage Note. in the section of the Note entitled, "Interest," the language, jf any, which states that interest will be charged "beginning on the date of this Note and continuing" is deleted and replaced with "on unpaid principal." Further, a new sentence is added: "The interest rate required by Ihis Section 2 is the rare I will pay both before and after any default described in the section of this Note regarding "Default," 4. If the Note is an adjustable rate Note, thc section of the Nore entitled, "Interest, I! is amended by adding rhe 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 consi!'.ting of 12 months with 30 days each. Interest will be charged until the principal has been paid in full." 5. If the Note is an adjustable rate Nore; a) the section of the Notc entitled, "Payments II (A) "Time and Place of Payments, II is amended by delering the sentence which reads, "My monthly payments will be applied to interest before principal." and replacing it with the following language: "Each of my regular monthly payments will be applied first to amounts due for any escrows for taxes and insurance under the Security Jnstrument, then 10 accrued and unpaid interest as if the payment is made on its due date, regardless of when the payment is acrually received and the remainder. if any. to the unpaid principal balance. Any late charges. collection costs and expenses, dishonored check charges and payments made by the Note Holder to enforce this Note and/or to protect the Note Holder's interests under thc Security Instrument will be assessed separately. This does nor take into aCCOunt any payments for optional mortgage products that arc charged to my account." and b) rhe section of the Note entitled, "Interest Rate and Monthly Payment Changes" (0) rlLimits on Interest Rate Changes," is amended by adding the following language, "My interest rate will never be less than N/A %." 6. If the Note is a fixed rate Note, the section of the Note entitled, "Time and Place of Payments" or alternately "Payments, II is amended by deleting (if apPlicable) the sentence which reads, "My monthly payments win be applied co interest before principal." and by adding the following language before the sentence whkh 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, [hen to accrued and unpaid interest to the date of payment and rhe remainder. if any, to the unpaid principal balance. Any late charges, collection costs and expenses, dishonored check charges and payments made by the Note Holder [0 enforce rhis Note and/or to protect rhe Note Holder's interests under the Security Instrument will he assessed separately. This does not take inro account any payments for optional mortgage products that are charged to my account. H 7. A. The section of the Note entitled, "Borrower's Right fo Prepay" or alternately "Borrower's Payments Before They Are Due," is amended by: a) adding to the end of the first sentence the fol1owing language, ", but the Note Holder may apply any tendered payments fiT${ to any amounts then due and owing under this Note or under the Security Instrument. "; 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 the "Loan Charges" section (if any) or otherwise provided by applicable law, the Note Holder earns any prepaid finance charge at the time the loan is made and no pare of it will be refunded if I pay in full ahead of schedule. " MULTl.q^TE^DDENDUMTO)STtl~'[) FNMArfHLMCNOTfW819l1l (;PvERIC nN.l(n.1H.ftj';~ P',':"'l o'\NTIIJlo'\.U.\M B. If a prepayment charge is contracted in connection with this Joan, the section of the Nole entitled, "Loan Charges" (if any) is amended by adding to the end of the final sentence the following language, "without any prepayment charge." 8. In the State of Arizona, a provision is added to the Note as follows: ., "Contracted for Rate of Interest. I agree to pay an effective contracted for rate of interest equal to the mterest rate as provided in this Note and the additional interest resulting from any Additional Sums, The Additional Sums shall consist of all fees, charges, goods, things in action or other sums or things of value (other than interest as provided in this Not~) paid or p~yable by me, whether pUrsuant to Ihis Note, the Security Instrument securing this Note or any other document o.r mstrument m .an~ way pertaining to this Joan, that may be deemed to be interest for the purpose of any law of the State of Anzona that ma~ .1!t111t the maximum amount of interest to be charged with respect to this loan. The Additional Sums shall be deemed to be addltlonal interest for the purposes of any sUI.:h law only." 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" except in the States of Colorado, Delaware, Idaho, Massachusetts, North Carolina, Rhode Island (if secured by a secondary lien), Utah and Wisconsin in which the word "overdue" shall be replaced with "unpaid amount of the." If the Note is a fixed rate Note, after the final senlence add the following language, "Any late charge will be in addition to interest on the then outstanding principal for each day the payment is lale." 9. 10. The sections of the Note entitled, "Notice of Default" and "{;niform Note,'1 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 35 days if the loan is secured by a lien on real property in the State of Oklahoma. II. If this is an adjustable rate Note, tht."n the subparagraph enW]ed, "Transfer of the Property or a Beneficial Interest in Borrower, II is amended by deleting the provisions relating to assumption of the loan. 12. Except for the State of Kentucky, the section of the Note entitled, "Payment of Note Holder's Costs and Expenses, 'I is deleted in its entirety and is replaced by the following language: "If I default, whether or not the Note Holder has required me to pay immediately 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 the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees, collection costs and expenses, servicing fees, and dishonored cht.'Ck charges to the fullest extent not prohibited by applicable law." 13. In the State of Kentucky, the section of the Note entitled, "Payment of Note Holder's Costs and Expenses," is deleted in its entirety and replaced by the following language: "If I default, whetht:r or not the Note Holder has required me 10 pay immediately in full as described above, the Note Holder will have the right to bc paid back by me for all of its costs and expenses in enforcing this Note to the e~tent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees not in excess of fifteen percent (15%) of the unpaid balance of the loan paid to an attorney not a salaried employee of the NOle Holder. I will also pay a reasonable charge for each dishonored check, draft or other instrument issued by me in payment on this loan, " 14. The section of the Note entitled, "Obligations/Responsibility of Persons Vnder This Nole," is amended by adding the following language to the end of the first sentence: "p]us the charges as described in the sections entitled, "Late Charges for Overdue Payments" and "Payment of Note Holder's Costs and Expenses." In Idaho, Maryland, South Dakota, Texas and Utah, 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 the following if charged in connection with this loan: the Lender's altomeys'/closing agents' fees for services rendered in connection with the preparation, closing, and disbursement of the loan: any expense, tax or charge paid 10 a governmental agency; examination of title, appraisal or costs necessary or appropriate to the security of the loan; premiums for credit life, credit accident and health, credit disability, involuntary unemployment benefit and similar insurance coverages but only if the insurance is optional with me; premiums for property insurance and title insurance from an insurer of my choice; deferral fees; refinancing charges; points; flood certification fees; and any other charges, but not including any fees or charges for any services for which I may not be charged under the Truth in Lendlng Act, the Real Estate Settlement Procedures Act or any other statute or regulation." 1 5. In the State of Virginia, the first sentence in the section of the Note (Form 3200, 3260 or 3520) entitled, "Wnivf.'rs," is deleted and amended to read as follows: "I and any other person who has obligations under this Note waive the rights of presentmem and notice of dishonor and waive the homestead exemption." 16. In the Ohio (Form 3936) and Massachuseus (Form 3922) Second Mortgage Notes, the final two sentences of the section entitled, narrower's Payments BeCore They Are Due, II are deleted. 17.A. In the State of New York, if the loan is a Balloon Payment Loan then a new section is added to the Note as follows: "I""OTICE OF MATIJRITY I will receive a notice of maturity not less than ninety (90) days nor more than one hundred twenty (120) days prior to the maturity of the loan. THE TERM OF THE LOAN IS 10 YEARS. AS ARESULTJ YOU WILL BE REQUIRED TO REPAY TIlE ENTIRE PRINCIPAL BALANCE AND ANY ACCRUED INTEREST THEN OWING 10 YEARS FROM TIIE DATE ON WInCH TIIE LOAN PROCEEDS ARE DISBURSED. MULflSTATfAtltlENOUM rOISTI1"lD r-NMAtFI1LMr:NOTE(.lllll~) GENERIC" HP4401)9-(,I'I1I A""-OJIAUSM r,~, l~'.1 THE LENDER HAS NO OBLIGATION TO REFINANCE TInS LOAN AT THE END OF ITS TERM. THEREFORE, YOU MAYBE REQUIRED TO REPAY THE LOAN OUT OF ASSETS YOU OWN OR YOU MAY HAVE TO FIND ANOTHER LENDER WILLING TO REnNANCE TIlE LOAN. ASSUMlSG TInS LENDER OR ANOTHER LENDER REFINANCES TInS LOAN AT MATURITY, YOU WILL PROBABLY BE CHARGED INTEREST AT MARKET RATES PREVAILING AT THAT TIME AND SUCH RATES MAYBE lUGIlER THAN TIlE INTEREST RATE PAID ON TInS LOAN. YOU MAY ALSO HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NOR1\IALL V ASSOCIATED WITH A NEW MORTGAGE LOAN." It In the State of New York, if the Security Instrument which secures tbe Note is a second or junior priority Security Instrument then (he following notice applies and a new provision is added as follows: "DEFAULT IN THE PAVMENT OF TlUS LOAN AGREEMENT MAY RESULT IN THE LOSS OF THE PROPERTY SECURING THE LOAN. UNDER FEDERAL LAW. YOU MAY HAVE THE RIGHT TO CANCEL TlUS AGREEMENT. IF YOU HAVE TlUS RIGHT, THE CREDITOR IS REQUIRED TO PROVIDE YOU WrrH A SEPARATE WRITTEN NOTICE SPECIFYING THE CIRCUMSTANCES AND TIMES UNDER WInCH YOU CAN EXERCISE TmS RIGHT." 18. A provision is added to the Note as follows: "ADDITIONAL SERVICING FEES: In addition fo charges specified elsewhere in this Note, in the Security Instrument given to seCUre this Note, or in any other agreement in connection with this NOle, I agree to pay, to the fullest extent not prohibited by applicable law. the following if chargerl in 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 quotes/charges; delivery charges; inspection fees and/or payment history charges." 19. A provision is added 10 the Note as follows: A. "APPLICABLE LAW. This Note shall be governed by federal law and, to Ihe extent not inconsistent with or more restrictive than federal law or regulalion governing the Lender, the laws oflhe jurisdiction in which the property defined in the Security Instrument as the "Property" is located. In the event of a contlict between any provision of this Note and any such law or regulation in effect as of the date of this Note, such law or regulation shall control to the extent of such conflict and the conflicting provision contained in this Note shaJl be without effect. All other provisions of Lhis Note will remain fully effective and enforceable." B. In the States of Maryland, Minnesota and Ohio a provision is added to the Note as follows: Maryland: The Lender elects to make first mortgage loans under Md. Com. Law Code Ann. title 12, subtitle I and the Lender elects 10 make second mortgage loans under Md. Com. Law Code Ann. ritle 12, subtitle 10. !\Unncsota: If one of the b~xes belo~ .is checked, l.he Lender is extendinLcredit and the interest rate on this Note is char~ pursuant to the speCified proVISIOn of the Mmnesota Statutes: U Secrions47.20 and 47.204 D Chapter 56 U Other: Section . SpedfySection Ohio: If this is a first mortgage loan, such loan is made pursuant to section 1343 of the Ohio Revised Code as preempted by the usury provisions of Public Law 96-22J, and the terms of this loan are not subject to any provisions of the Ohio Mongage Loan Act. 20. If the Note is secured by a second or junior lien on real property located in the State of Iowa, then the following provision applies: ~nless otherwise preempted by applicable federal or other law" the attorneys' fees provision in the section entitled, Payment of Note Holder's Costs and Expenses" is deleted In its entirelY. 21. If t.he Note is assigned or transferred, all or a portion of this Addendum to Note may be voided at the option of the assignee or lransferee. Any terms and provisions of the Addendum to Note which are voided will be governed by the original terms and provisions of the Note. BY SlGNING BELOW. Borrower accepls and agrees to the terms and provisions contained in this Addendum to Note. (Seal) Borrower 1-&-" ~'~R) (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower MULTISTATEADOEN/lUMTU1STI2ND FNMMPIlLMC 1<000F {.I/&IW} Ge~'ERlr H?<<a'l40l1tCJli P.w:JofJ ANTIlJlol,USM NAME Joey V. Sullenberger And Denise C. Sullenberger ADDRESS 481 Sample Bridge Road Enola, PA 17025 LOAN AMOUNT $34,600.00 DATE CLOSED November 29, 1999 EQUITY ONE INCORPORATED HEREBY ASSIGNS THIS NOTE 'TO ALLIANCE FUNDING COMPA~Y, A DIVISION OF SUPERIOR BANK, FSB WITHOUT RECOURSE. ilSSISTANT' SECREl'ARY' TITLE ALLONGE ALLONGE DATED DECEMBER 9th. 1999 ATTACHED TO AND MADE A PART OF THE NOTE MADE BY JOEY B. SULLENBERGER AND DENISE C. SULLENBERGER IN FAVOR OF AND DATED AMOUNT OF $ EQUITY ONE, INCORPORATED NOVEMBER 29th , 1999 IN THE ORIGINAL PRINCIPAL 34,600.00 PAY TO THE ORDER OF WITHOUT RECOURSE Alliance Funding, a Division of Superior Bank FSB BY: J. A. SORICELLI VICE PRESIDENT ALWNGE [ASSIGNMENT OF NOTE] . 1/30/97 LOAN NUMBER:0802793877 AJTM ASG021A.USM EXHIBIT 'c' EMC' Mortgage Corporation May 04, 2005 '0002901492' Denise C. Sullenberger 481 Sample Bridge Rd Enola, P A 17025-0000 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 information about the nature of the default is provided in the attached pages, IMPORTANT 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 vou meet with the counselinl2: a2encv. The name. address. and phone number of Consumer Credit Counseline Aeencies servin!! your county are listed at the end of this Notice. If YOU have any auestions YOU may call the Pennsylvania Housing: Finance Aeency toll free at }.800-342-2397 (oersons with imoaired hearine: can call 717-780-1869), This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you 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 llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S PROPERTY Denise C. Sullenberger 481 Sample Bridge Rd Enola, P A 17025 0007426919 EMC Mortgage Corporation LOAN ACCOUNT CURRENT You may be eli,.dble for [mandai assistance which can save vour home from foreclosure and help you make future morteaee pavments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Ac!"). 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. , , Page two 0007426919 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days tram 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 thi 30 da s. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you 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 of this meeting. The names. addresses and teleohone numbers of desil!J1ated consumer counselin!! a!!encies for the county in which vour orooertv 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 immediatelv 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 tram 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 will 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 IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives 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 INFORMATION 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 DEFAULT (Bring it uo to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at Sample Bridge Rd Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: 481 YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments tram 03/03/2005: (b) Late chargee s) : (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 05/03/2005: $1,429.86 $619.60 $118.30 $.00 $2,167.76 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days tram the date of this letter BY PA YING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $2,167.76, 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 to EMC Mortgage Corporation at PO BOX 660530, DALLAS, TX 75266-0530. Page three 0007426919 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 mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, EMC Mortgage Corporation also intends to instruct their attorneys to start a legal action to foreclose uoon vour mortgaged orooertv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off 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, if legal 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. Ifvou cure the default within the THIRTY (30) DAY oeriod. YOU will not be reouired to oav attornevs' fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late 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 DATE - It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) months tram the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Address: HOW TO CONTACT THE LENDER EMC Mortgage Corporation Mac Arthur Ridge II, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 Telephone Number: 1-888-609-2379 EFFECT OF SHERIFF'S SALE - You should realize that a sheriff's sale would end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriff's sale, a lawsuit to remove you and your 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 HAVE THE RIGHT . To sell the property to obtain money to payoff the mortgage debt, or borrower money trom another lending institution to payoff this debt. . To have this default cured by any third party acting on your behalf. . To have the mortgage restored to the same position as if no default had occurred. (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 0007426919 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 dispnte the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid. If you notify ns in writing at the address above within the thirty day period that the debt, or any portion thereof, is disputed, we will: a) Provide to you verification of the debt or a copy of any judgment entered against you. b) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. 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 , E,MC' Mortgage Corporation May 04, 2005 '0002901491' Joey V. Sullenberger 481 Sample Bridge Rd Enola, PA 17025-0000 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 information about the nature of the default is provided in the attached pages. IMPORTANT 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 IfHEMAP can he In vou vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the counseling: ae:encv. The name. address. and ohone number of Consumer Credit Counselinll Al!encies servine vour countv are listed at the end of this Notice. Ifvou have anv auestions. vou Olav call the Pennsvlvania Housine Finance Allencv toll free at }.800-342-2397 (oersons with imoaired hearinf;! 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 llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo par el programa Hamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S PROPERTY Joey V. Sullenberger 481 Sample Bridge Rd Enola, PA 17025 0007426919 EMC Mortgage Corporation LOAN ACCOUNT CURRENT You may be eli!!ible for financial assistance which can save your home from foreclosure and helD YOU make future morteaee pavments if you comply with the provision of the 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. LAW OFFICES OF GREGORY JAVARDIAN BY: JAMES P. KENNEDY ATTORNEY LD. # 86614 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff EMC Mortgage Corporation, Attorney-in- Fact for LaSalle Bank National Association (Assignee), fi'kla LaSalle National Bank, in its capacity as Indenture Trustee under that certain Sale and Servicing Agreement dated December I, 1999 among AFC Trust Series 1999-4, and any amendments thereto Plaintiff Court of Common Pleas Civil Division Cumberland County No. 05-4571 Civil Term vs, Joey V. Sullenberger Denise C. Sullenberger Defendants PLAINTIFF'S PETITION TO AMEND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff, by its attorney, James P. Kennedy, Esquire, hereby respectfully petitions this Honorable Court to amend the Order dated March 29, 2006 granting Plaintiff's Motion for Summary Judgment, and hereby aver5 as follows: 1. On February 14, 2006, Plaintiff filed a Motion for Summary Judgment. 2. A hearing on Plaintiffs Motion for Summary Judgment took place on March 29, 2006. 3. On March 29, 2006, the Honorable Edgar B. Bayley granted Plaintiffs Motion for Summary Judgment. 4. The Order entered March 29, 2006 contained a typographical error in that it stated "plus interest, at the per diem rate of $8/20/2005". (emphasis added). (A true and correct copy of the Order is attached hereto and marked as Exhibit "A"), 5. Plaintiff hereby petitions the Court to amend the Order to provide the proper per diem rate for determining the interest as $6.36. 6. Plaintiff requests that the Order be amended to reflect the averments in the pleadings regarding determining the interest. 7. Defendants will not be prejudiced by the requested relief as Plaintiff is merely requesting the Order to reflect the averments in the pleadings. WHEREFORE, Plaintiff respectfully requests that the Order dated March 29, 2006 be amended to state that the per diem rate for determining interest to be $6.36. Dated: AprilS, 2006 i" " r es P. Kennedy, Esquire tty ID # 86614 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff Exhibit" A" THE LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff EMC Mortgage Corporation, Attorney-in- Fact for LaSalle Bank National Association (Assignee), fi'kJa LaSalle National Bank, in its capacity as Indenture Trustee under that certain Sale and Servicing Agreement dated December I, 1999 among APC Trust Series 1999-4, and any amendments thereto Plaintiff Court of Common Pleas Civil Division Cumberland County No. 05-4571 Civil Term vs. Joey V. Sullenberger Denise C. Sullenberger Defendants /! AND NOW, this 20 day of "\),,,~~t~., 2006 upon consideration of Plaintiff's Motion for Summary Judgment and any response thereto, it is hereby ORDER ORDERED and DECREED that Plaintiff's Motion for Summary Judgment is GRANTED. AND Judgment is hereby entered in favor of Plaintiff, and against, Defendant, Denise C. Sullenberger, in the amount of $24,999.99, plus interest., atE1~pe.r d~~~ ~ . .' ~ / /...--" ,../. V $8/20/2005 from August 20, 200S until the date of judgment .)lpq'!egal ..i~t,ere~' st, 're er. . . . , ..- 'TRUE COPY FROM RECORD In TIl&IlrooIIY IliOOr~'\f, I ht:l~ !ijlto l;.-it Ili~ I~rld ., iN , ", ill saki er-'J at Ca~e. r-a. THE LAW OFFICES OF GREGORY JA V ARDIAN BY: JAMESP.KENNEDY ATTORNEY LD. # 86614 131 0 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff EMC Mortgage Corporation, Attorney-in- Fact for LaSalle Bank National Association (Assignee), f/k/a LaSalle National Bank, in its capacity as Indenture Trustee under that certain Sale and Servicing Agreement dated December I, 1999 among AFC Trust Series 1999-4, and any amendments thereto Plaintiff Court of Common Pleas Civil Division Cumberland County No. 05-4571 Civil Term vs. Joey V. Sullenberger Denise C. Sullenberger Defendants CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Plaintiffs Petition to Amend Order was mailed to the following individuals by regular mail, first class United States mail, postage prepaid on the date set forth below. Diane Q, Radcliff, Esquire 3448 Trindle Road Camp Hill, P A 17011 Attorney for Defendant, Denise C. Sullenberger Joey V. Sullenberger 481 Sample Bridge Road Enola, P A 17025 Defendant Pro Se Dated: '1!- j", to ?rC- es P. Kennedy, Esquire ~'-- c' :--: c.' <",) u. . Page two 0007426919 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days tram 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 thirtv (30) davs. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you 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 of this meeting. The names. addresses and teleohone numbers of desi!!nated consumer counselin!! a!!encies for the county in which vour propertv 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 immediatelv 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 tram 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 will 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 IMMEDIA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives 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 INFORMATION 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 DEFAULT (Bring it UP to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at Sample Bridge Rd Enola, PA 17025 IS SERIOUSLY IN DEFAULT because: 481 YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments tram 03/03/2005: (b) Late chargers) : (c) Other chargers): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 05/03/2005: $1,429.86 $619.60 $118.30 $.00 $2,167.76 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days trom the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $2,167.76, 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 to EMC Mortgage Corporation at PO BOX 660530, DALLAS, TX 75266-0530. Page three 00074269]9 IF YOU DO NOT CURE THE DEF AUL T - 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 mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, EMC Mortgage Corporation also intends to instruct their attorneys to start a legal action to foreclose UDon your mortl!al!ed orooertv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off 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, if legal 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. Ifvou cure the default within the THIRTY (0) DAY oeriod. YOU will not be reouired to oav 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 DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late 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 DATE - It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) months trom the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Address: HOW TO CONTACT THE LENDER EMC Mortgage Corporation Mac Arthur Ridge II, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 Telephone Number: 1-888-609-2379 EFFECT OF SHERIFF'S SALE - You should realize that a sheriffs sale would 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 HAVE THE RIGHT . To sell the property to obtain money to payoff the mortgage debt, or borrower money tram another lending institution to payoff this debt. . To have this default cured by any third party acting on your behalf. . To have the mortgage restored to the same position as if no default had occurred. (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 0007426919 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 tbis letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid. If you notify us in writing at the address above within the tbirty day period that the debt, or any portion tbereof, is disputed, we will: a) Provide to you verification of tbe debt or a copy of any judgmeut entered against you. b) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. 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 hislher 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 falsifi EMC . 0 GA CORPORATION, ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION (ASSIGNEE) FIKIA LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED DECEMBER 1,1999 AMONG AFC TRUST SERIES 1999-4 r 7CJ t -Ig, :\t- V( <, T"..' '':::J 0 .~ C"' C:__, c..,n -n - l> - (/) .--1 6"- II( to', -r -'0 fi1 ~ .....:c C> (,1 .- I {;) r- p} .' G. ~ ~ f'.. ::r;r.. ~- - _. .. ~ --, r...' .-~" -J ~ Prepared by: Diane G. Radcliff, Esquire Supreme Court ID # 32112 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Attorney for Defendant Denise C. Sullenberger IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EMC MORTGAGE CORPORATION ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION (ASSIGNEE) F /K/ A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED DECEMBER 1,1999 AMONG AFC TRUST SERIES 1999-4 AND ANY AMENDMENTS THERETO 909 HIDDEN RIDGE DRIVE, SUITE 200 .. IRVING, TEXAS 75038 05"1.61\ NO. 05-4376-1- CIVIL TERM Plaintiff v. COMPLAINT IN MORTGAGE FORECLOSURE JOEY V. SULLENBERGER DENISE C. SULLENBERGER 481 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Defendants NOTICE TO PLEAD TO: Plaintiff, EMC Mortgage Corporation, Attorney-in-Fact for Lasalle Bank, Na(assignee) c/o Gregory Javardian, Esquire 1310 Industrial Blvd., 1st Floor, Suite 101 Southampton, PA 18966 You are hereby notified to file a written response to the endorsed New Matter within 20 days from service hereof or a judgment may be entered against you. \ DCLlFF, ESQlJIRE Defendant, Denise C. Sullenberger IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EMC MORTGAGE CORPORATION ATTORNEY-iN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION (ASSIGNEE) F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED DECEMBER 1, 1999 AMONG AFC TRUST SERCIES 1999-4 AND ANY AMENDMENTS THERETO 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TEXAS 75038 0.;" liS11 NO. 05-457i1 CIVIL TERM Plaintiff v. COMPLAINT IN MORTGAGE FORECLOSURE JOEY V. SULLENBERGER DENISE C. SULLENBERGER 481 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Defendants ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT IN MORTGAGE FORECLOSURE Defendant, Denise C. Sullenberger, by her attorney, Diane G. Radcliff, Esquire, files this Answer with New Matter to Plaintiff's Complaint in Mortgage Foreclosure as follows: ANSWER 1. Admitted. Defendant Denise C. Sullenberger admits the information set forth in Paragraph 1 of Plaintiff's Complaint pertaining to the identity and address of Plaintiff. 1 2. Admitted in part and denied in part. It is admitted that Defendant Joey V. Sullenberger resides at 481 Sample Bridge Road, Enola, PA 17025. It is denied that Denise C. Sullenberger resides at 481 Sample Bridge Road, Enola, PA 17025. On the contrary, it is averred that Defendant Denise C. Sullenberger resides at 1127 Sandpiper Court, Mechanicsburg, PA 17050. 3. Admitted. Defendant Denise C. Sullenberger admits the information set forth in Paragraph 3 of Plaintiff's Complaint pertaining to the purpose of this action, the date and place of record of the Mortgage, and the date and place of record of the assignment of the Mortgage. 4. Admitted. Defendant Denise C. Sullenberger admits the information set forth in Paragraph 4 of Plaintiff's Complaint pertaining to the Note. 5. Admitted. Defendant Denise C. Sullenberger admits the information set forth in Paragraph 5 of Plaintiff's Complaint pertaining to the description of the land subject to the Mortgage. 6. Admitted. Defendant Denise C. Sullenberger admits the information set forth in Paragraph 6 of Plaintiff's Complaint pertaining to the Defendant's being the record owners of the mortgaged property. 7. Denied. Defendant Denise C. Sullenberger is without knowledge or information as to the truth or falsity of the averments set forth in Paragraph 7 of Plaintiff's Complaint pertaining to the default and the balance due under the mortgage, and said averments are, therefore, denied. Defendant demands proof thereof at the trial. 8. Denied. Defendant Denise C. Sullenberger is without knowledge or information as to the truth or falsity of the averment set forth in Paragraph 8 of Plaintiff's Complaint pertaining to attorneys fees, and said averment is, therefore, denied. Defendant demands proof thereof at the trial. 2 9. Admitted. Defendant Denise C. Sullenberger admits the information set forth in Paragraph 9 of Plaintiff's Complaint pertaining to the requirements of Act 6 and Act 91 Notices. 10. Denied. Defendant Denise C. Sullenberger is without knowledge or information as to the truth or falsity of the averment set forth in Paragraph 10 of Plaintiff's Complaint, and said averment is, therefore, denied. Defendant demands proof thereof at the trial. By way of further Answer it is averred that Plaintiff did not mail the required Act 6 and Act 91 Notices to Defendant Denise C. Sullenberger at her forgoing address, and she never received such Notices. NEW MATTER 11. Defendant Denise C. Sullenberger incorporates by reference the Answers set forth in Paragraphs 1 though 10 herein the same as if fully set forth at length. 12. Pennsylvania law requires that a mortgagee provide the defaulting mortgagor with the following two notices as a prerequisite the filing of a mortgage foreclosure action: a. Notice of Intention to Foreclose ("Act 6 Notice") pursuant to the requirements of 41 P.S. Section 403; b. Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") pursuant to the requirements of 35 P.S. Section 1680.403c. 13. Plaintiff did not provide Defendant Denise C. Sullenberger with either the Act 6 Notice or the Act 91 Notice. 14. Defendant Denise C. Sullenberger and Defendant Joey V. Sullenberger are husband and wife. 15. The Note and Mortgage referenced in Plaintiff's Complaint arose out of a loan taken out as a business loan for a business owned solely by the Defendant Joey V. Sullenberger, 3 although the parties' prior marital home located at 481 Sample Bridge Road, Enola, PA 17025 was used as collateral for said loan, it being the mortgaged premises. 16. Defendant Denise C. Sullenberger and Defendant Joey V. Sullenberger separated on or about November 15,2003. 17. Until receipt of the Complaint filed in this mortgage foreclosure action, Defendant Denise C. Sullenberger believed Defendant Joey V. Sullenberger had been paying this aforesaid loan. 18. Defendant Denise C. Sullenberger is the Plaintiff and Defendant Joey V. Sullenberger is the Defendant in a pending Cumberland County Divorce Action docketed as follows: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE C. SULLENBERGER, Plaintiff NO. 03-6180 CIVIL v. CIVIL ACTION - LAW JOEY VINCENT SULLENBERGER, Defendant DIVORCE 19. In the Divorce Complaint filed in that action, Defendant Denise C. Sullenberger filed a claim for equitable distribution of marital property. 20. Defendant Denise C. Sullenberger has not been able to secure a determination of her equitable distribution claim since Defendant Joey V. Sullenberger has refused to consent to the divorce and the parties will not have been been separated for a period of two years until November 15, 2005 at which time she will be entitled to have the Court determine her equitable distribution claim. 21. The mortgaged property located at 481 Sample Bridge Road, Enola, PA 17025 is marital property subject to the following equitable distribution claim. 4 22. Plaintiff had actual or constructive notice of the pendency of the aforesaid divorce action at the time of the filing of the this action. 23. Defendant Denise C. Sullenberger's equitable distribution rights to the mortgaged property would be substantially impaired if Plaintiff is allowed to proceed with this action. 24. Pennsylvania law permits the stay of this foreclosure action during the pendency of the equitable distribution claim. 25. A stay of these proceedings is necessary to protect Defendant Denise C. Sullenberger's equitable distribution rights in the mortgaged premises. 26. Concurrently herewith Defendant Denise C. Sullenberger is filing a Petition for Special Relief in the aforesaid divorce action seeking to compel the sale of the mortgaged property which sale is required as a result of Defendant Joey V, Sullenberger's default of the payments required under the Mortgage. A true and correct copy of said Petition is attached hereto, marked Defendant's Exhibit "A" and made a part hereof. Wherefore, Defendant Denise C. Sullenberger requests this Honorable Court to deny Plaintiff's request for judgment in mortgage foreclosure for the sale of the mortgaged property as requested in Plaintiff's Complaint and to grant a stay of these proceedings pending determination of her equitable distribution claim. Respectfully submitted, I L1FF, ESQUIRE 448 Trindle ad Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Defendant, Denise C. Sullenberger 5 VERIFICATION I verify that the statements made in the foregoing Answer with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. c:~ Date: 6 CERTIFICATE OF SERVICE I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on , I served a true and correct copy of the foregoing Answer with New Matter to Plaintiff's Complaint upon Plaintiff's Attorney, by mailing same by first class mail, postage prepaid, addressed as follows: Gregory Javardian, Esquire 1310 Industrial Blvd. 151 Floor, Suite 101 Southampton, PA 18966 \ OLIFF, ESQUIRE 3448 Tr' oad Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court 10 # 32112 DEFENDANT'S EXHIBIT "A' DIVORCE SPECIAL RELIEF PETITION - 8 - Prepared by: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff, Denise C. Sullenberger IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE C. SULLENBERGER, Plaintiff NO. 03-6180 CIVIL CIVIL ACTION - LAW v. DIVORCE JOEY VINCENT SULLENBERGER, Defendant Emergency /Special Relief Petition RULE AND NOW, this day of , 2005, upon consideration of the within Petition, IT IS HEREBY ORDERED that a Rule is issued upon the Respondent, Joey Vincent Sullenberger, to show cause why the relief requested in the within Petition should not be granted. The Rule is returnable at a hearing to be held in this Petition scheduled on the _ day of , 20_ at o'clock .m. in Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. The parties shall appear at that date and time and give testimony and argument on the issues raised in the within Petition. BY THE COURT: JUDGE Distribution to: Attorney for Plaintiff: Diane G. Radcliff, Esq., 3448 Trindle Road, Camp Hill, PA 17011 Attorney for Defendant: Jeanne B. Costopoulos, Esq., Box 779, Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE C. SULLENBERGER, Plaintiff NO. 03-6180 CIVIL CIVIL ACTION - LAW v. DIVORCE JOEY VINCENT SULLENBERGER, Defendant Emergency /Special Relief Petition PETITION FOR EMERGENCY/SPECIAL RELIEF AND NOW, comes the Petitioner, Denise C. Sullenberger, by her attorney, Diane G. Radcliff, Esquire, and files the above referenced Petition for Emergency/Special Relief and represents that: 1. Your Petitioner is Denise C. Sullenberger, (hereafter referred to as "Wife") an adult individual residing at 1127 Sandpiper Court, Mechanicsburg, PA 17050 and is the Plaintiff in the above captioned divorce action. 2. Your Respondent is Joey Vincent Sullenberger (hereafter referred to as "Husband") an adult individual who resides at 481 Sample Bridge Road, Enola, PA 17025, and is the Defendant in the above referenced divorce action. 3. The parties were married on July 10, 1993. 4. The parties separated on or about November 15, 2003. 5. The parties are the joint owners of a certain tract of improved real estate known and numbered as 481 Sample Bridge Road, Enola, PA 17025, which real estate was heretofore utilized as their marital residence, (the "Marital Residence"). 6. Since the parties separation, the Marital Residence has been solely occupied by Husband and used as his residence. 7. The Marital Residence has an approximately value of between $250,00 and $275,000. 8. The Marital Residence is subject to the following three mortgages: A. 1st mortgage with Washington Mutual having an approximately balance owing of - 1 - $91,188, (the Washington Mutual 1" Mortgage"); B. 2nd mortgage with Commerce Bank having an approximately balance owing of $96,179, (the "Commerce Bank 2nd Mortgage"); C. 3'd mortgage with Equity One, Incorporated (now by assignment LaSalle Bank, NA), having an approximate balance of $25,000, (the "LaSalle Bank 3'd Mortgage"). 9. Based on the foregoing the marital home has an net equity position in the range of approximately $20,000 to $43,000 calculated as follows: Gross Value $250,000.00 $275,000.00 Washington Mutual 1" Mortgage ($91,188.00) ($91,188.00) Commerce Bank 2nd Mortgage ($96,179.00) ($96,179.00) LaSalle Bank 3'd Mortgage ($25,000.00) ($25,000.00) Costs of Sale @ 7% ($17,500.00) ($19,250.00) Estimated Net Equity $20,133.00 $43,383.00 10. When the parties separated, Husband did not pay the November and December 2003 mortgage payments for the Washington Mutual1,t Mortgage payments @ $933 each. 11. Wife paid the November and December 2003 Washington Mutual 1 ,t Mortgage payments @$1,866. 12. In January 2004 Wife continued to make the monthly payments for the Washington Mutual 1st Mortgage since Husband failed to make said payments. 13. Based upon discussions of the parties Husband was supposed to start making the monthly mortgage payments for the Washington Mutual 1st Mortgage starting in July 2004, but failed to do so, as the result of which Wife was forced to continued to make the payments in order to protect her credit and prevent the foreclosure on the Marital Residence. 14. Since July 2004, and basically since November 2003 as aforesaid, a period of 24 months Wife has made all of the Washington Mutual 1 ,t Mortgage payments for a total payment - 2- made in excess of $22,392. 15. Wife [aid the Washington Mutual 1" Mortgage payments between November 2003 and October 2005 using her child support for the parties' minor child Kayla Sullenberger. 16. When the parties separated, the Commerce Bank 2nd Mortgage had a balance of approximately $76,000.00. 17. Subsequent to separation, without Wife's consent, Husband charged additional sums on the Commerce Bank 2nd Mortgage so that as of October 12, 2005 the balance due and owing is $96,179, an increase of about $20,000.00. 18. The LaSalle Bank 3rd Mortgage arose out of a loan taken out as a business loan for Millennium Recovery, Inc., a business owned solely by the Defendant Joey V. Sullenberger, although the marital residence was mortgaged for that loan and used as collateral for that loan. 19. Husband has had sole control over the operation of Millennium Recovery, Inc. during the parties' marriage and since their marital separation. 20. Husband has not made, and continues not to make, the required payments on the LaSalle Bank 3'd Mortgage and as a result the LaSalle Bank 3rd Mortgage has been, and currently is, in default. 21. As a result of Husband's failure to make the LaSalle Bank 3rd Mortgage payments, the bank has initiated a mortgage foreclosure action against the parties seeking the mortgage foreclosure sale of the Martial Residence in the action filed in Cumberland County, PA and docketed to No. 05-4571 Civil Term. A true and correct copy of the mortgage foreclosure complaint filed in that action is attached hereto, marked Petitioner's Exhibit "A" and made a part hereof. 22. Wife cannot afford to pay the LaSalle Bank 3rd Mortgage and make the required payments to cure Husband's default. 23. If the Martial Residence is foreclosed upon and sold in a foreclosure sale wife's interest in the Marital Residence equity will be lost and negated, and her equitable distribution claim will be substantially and adversely and negatively impacted and she will be irreparably harmed thereby. - 3 - 24. Subsequent to the parties separation Husband changed the locks and security code for the marital Residence and did not provide a new key or security code to wife. As the result wife has been wqrongfully6 denied access to the marital residence. 25. Wife requires access to the marital residence in order to have it valued for equitable distribution purposes. 26. Wife is entitled to access to the marital residence by virtue of her being a joint owner. 27. Wife has and will incur attorneys fees in bringing this Petition and claim is made therefor. 28. Husband's attorney, Jeanne B. Costopoulos, Esquire, has been provided with a copy of this Petition prior to its filing and has not advised Petitioner that Husband consents to the relief requested herein. WHEREFORE, Wife, Denise C. Sullenberger, respectfully requests this Honorable Court to enter an Order requiring Husband: 1. To cure his default of the LaSalle Bank 3rd Mortgage so that the marital home will not be exposed to a foreclosure sale. 2. List the Marital Residence for sale with a real estate broker selected by Wife; 3. To agree to a listing price and in absence of said agreement to list it at the price suggested by the realtor; 4. To market and sell the marital Residence in accordance with all reasonable advice given by their realtor as to listing price, marketing, and sales price and terms, absent mutual agreement of the parties; 5. To accept any reasonable offer to purchase the Marital Residence as hereafter suggested by the Realtor, absent mutual agreement of the parties; 6. To provide a key and the security code to the Marital Residence to Wife so that she may have full access thereto; a. To cooperate with any apprisal or other valuation of the marital residence that wife may desire to obtain; - 4 . b. To pay the attorney's fees and costs incurred by Wife in bringing this Petition and attending the hearing to be held thereon. Respectfully submitted, c--- f;) ~I CLIFF, ESQUtRE (' 3448 Trindle ad -Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Petitioner - 5 - VERIFICATION I, DENISE C. SULLENBERGER, verify that the statements made in this Petition are true and correct. I understands that false statements herein are made subject to the penalties of 18 Pa.c.S. Section 4904, relating to unsworn falsification to authorities. (--.. \ \... " DE]\:t~:.. _ c. _ ULLENBERGER ) I ,- ---- - - -- --~- ---- //: / / Date:\~ //,] / d ')- / (j I I -- ~ ~ / -~- AND NOW, this CERTIFICATE OF SERVICE \?)+- day of October, 2005, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the foregoing document upon Defendant's Attorney, by mailing same by first class mail, postage prepaid, addressed as follows: Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Box 779 Mechanicsburg, PA 17055 \ IFF, ESQUIRE ID 32112 :7 - PETITIONER'S EXHIBIT "A" MORTGAGE FORECLOSURE COMPLAINT - 8- b a~\(,\~tl\. r_.:J r:>.',) , , <,., .....'^ n -'11 -. ~~T: -r'l ,~l ;:::,~, ,,~ j I... ~-:, , " :..~. ) \-,"\ J, cj .< c.., .-------- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EMC MORTGAGE CORPORATION ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION (ASSIGNEE) F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED DECEMBER 1, 1999 AMONG AFC TRUST SERIES 1999-4 AND ANY AMENDMENTS THERETO 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TEXAS 75038 QY' L/ n I NO. OS 45761 CIVIL TERM Plaintiff v. COMPLAINT IN MORTGAGE FORECLOSURE JOEY V. SULLENBERGER DENISE C. SULLENBERGER 481 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Defendants PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Enter my appearance on behalf of the Defendant, Denise C. Sullenberger. Papers may be served at the address set forth below: Date: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 A ! ~ Phone: 37-0100 ~D t.3 () ') I I , ...., r-,~") r.-::',} c...,-l c-> (-.:) -1'1 ..~\ ---;'::: ~n <-J. -, '.9 C1 . THE LAW OFFICES OF GREGORY J A V ARDIAN BY: GREGORY JA V ARDIAN ATTORNEY J.D. # 55669 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION (ASSIGNEE) FIKlA LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED DECEMBER I, 1999 AMONG AFC TRUST SERIES 1999-4, AND ANY AMENDMENTS THERETO Plaintiff vs. JOEY V. SULLENBERGER DENISE C. SULLENBERGER Defendants COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No, 05-4571 Civil Term PLAINTIFF'S ANSWER TO DEFENDANT, DENISE C. SULLENBERGER'S. NEW MATTER 11. Plaintiff incorporates paragraphs one (I) through (10) ten of the Complaint as if more fully set forth at length herein. 12. Admitted. 13. Denied. The combined Notice of Intention to Foreclose and Notice of Homeowner's Mortgage Assistance was sent by the Plaintiff by regular and certified maul on May 4, 2005 to the mortgaged property which was the last known address for Defendants at the time said notice was mailed, 14, Admitted. 15. Admitted in part and denied in part. It is admitted that the mortgage held by Plaintiff is a lien against the property at 481 Sample Bridge Road, Enola, P A 17025 owned by the Defendants. Answer Plaintiff, as mortgagee by assignment, is without knowledge or information sufficient to form a belief as to the truth of the averments regarding whether the mortgage was a business loan for Defendant Joey V, Sullenberger, By way of further response, Defendant Denise C. Sullenberger executed the mortgage. 16, Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph sixteen (16). The same are therefore denied. 17. Denied, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph seventeen (17). The same are therefore denied. 18. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph eighteen (18). The same are therefore denied. 19. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph nineteen (19). The same are therefore denied. 20. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph twenty (20). The same are therefore denied. 21. Denied. The allegations contained in paragraph twenty-one (21) are conclusions of law and no response is required, The same are therefore denied, 22. Denied. Plaintiff was not aware of the pendency of the divorce action at the time of the filing of this action. By way of further response, the pendency of a divorce action does not act as a stay to a mortgage foreclosure proceeding. 23. Denied. The allegations contained in paragraph twenty-three (23) of Defendant's New Matter are conclusions of law and no response is required. The same are therefore denied. 24, Denied. The allegations contained in paragraph twenty-four (24) of Defendant's New Matter are conclusions of law and no response is required, The same are therefore denied, 25. Denied. The allegations contained in paragraph twenty-five (25) of Defendant's New Matter are conclusions of law and no response is required. The same are therefore denied. 26, Denied. The allegations contained in paragraph twenty-six (26) of Defendant's New Matter are conclusions of law and no response is required, The same are therefore denied. WHEREFORE, Plaintiff prays for judgment in its favor and against Defendant. Dated: October 28, 2005 THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JA V ARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR. SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff EMC MORTGAGE CORPORATION, ATTORNEY -IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION (ASSIGNEE) F/K1A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED DECEMBER I, 1999 AMONG AFC TRUST SERIES 1999-4, AND ANY AMENDMENTS THERETO Plaintiff COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No, 05-4571 Civil Term vs. JOEY V. SULLENBERGER DENISE C. SULLENBERGER Defendants CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Plaintiffs Answer to Defendant's New Matter was mailed to the following individuals by regular mail, first class United States mail, postage prepaid on the date set forth below. Diane G. Radcliff, Esquire 3448 Trindle Road Carnp Hill, PA 17011 Attorney for Denise Sullenberger Joey V, Sullenberger 481 Sample Bridge Road Enola, PA 17025 Defendant Pro Se G~ff - JAMES P ICENNEOY Notaly P\Itlllc lJPlIEll SOUTHAMPfON TOOt...... IUCICI CO\IN1'Y Dated: October 28, 2005 SWORN TO AND SUBSCRIBED BEFORE ME THIS Z ?'L DAYOF ol,<,j- ,2005, J. /,IL-- ~T AR Y PUBLIC 11/, UlIfII8t\' 'rilp Ct"" ... '-~"-'.- .! o c ;;' -or).: rnn' -/'J ~f:- (/1 ' \::: L. ~L:_ ';pc 7': :.1 'J- .,:. :.,. " ~- -' 'Nt"",....,. 'I"lall" .... "(.:~~, .t-\ ..1C.(fi\.....,~ H~J . .uo::."\UAH'HJ', '\ r ' '''_d.')~), ,. q~' ".,{,:1 n ,":" ''1 I' ,...'., .;, ,J~ i ,-.- ~~':Ml \ ~... ,....> = c:' <J' - p- c:> -:: I ,::.. ~ o ." ~:n ':",~ -6y z-.... ....., ,:1(1:', '1...;, \~O ...-rn S -;s: ?l '-P. c:> -l ------ ,LAW OFFICES OF GREGORY JA V ARDIAN , By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, COURT OF COMMON PLEAS ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION (ASSIGNEE) F/KlA CUMBERLAND COUNTY LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER No.: 05-4571 CIVIL TERM THAT CERTAIN SALE AND SERVICING AGREEMENT DATED DECEMBER 1, 1999 AMONG AFC TRUST SERIES 1999-4, AND ANY AMENDMENTS THERETO 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TX 75038 VS. JOEY V. SULLENBERGER 433 N. 21ST STREET CAMP HILL, PA 1701 I DENISE C. SULLENBERGER 1127 SANDPIPER COURT MECHANICSBURG, PA 17050 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOEY V. SULLENBERGER, Defendant, 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 8/20105 to 11/9105 TOTAL $24,999.99 515.16 $25,515.15 I hereby certify that ([) the addresses of the Plaintiff and Defendants are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. '1 ~- Damages are hereby assessed as indicated. ~~P7 DATE: Mu, /1.../ JDsD" I EMC MORTGAGE CORPORA TION, 1;, The Court of Commaa Pleas ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION (ASSIGNEE) FIK/A Cumberland COllnty LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER No. 05-4571 THAT CERTAIN SALE AND SERVICING AGREEMENT DATED DECEMBER J, 1999 AMONG AFC TRUST SERIES 1999-4. AND ANY AMENDMENTS THERETO PIaiatitf , v. JOEY V. SULLENBERGER DENISE C. SULLENBERGER Defendants TO: JOEY V. SULLENBERGER 433 N. 2 I ST STREET CAMP HILL, PA 1701 I DATE OF NOTICE: 10126/2005 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personaIly or by attorney and file in writing \vith 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 lav.ryer at once. lfyou do not have a lawyer or cannot afford one, go to or telephone the following office to find out \""here you can get legal help. Cumberland County Bar Association Lawyer Reference Service 32 S. Bedford Sb'eet Carlisle,PA 170'~J;v').' (800) 990-910(.,./- 'J (717) 249-3166' n Gregory Javardian, Esquire 1310 Industrial Boulevard J" FlOaT, Suite 10] Southampton, P A ] 8966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rcbeldia pOl' no haber tornado 1a accion requiida de su parte en este caso. Al no tomar hl accion debida dentro de Ull tennino de diez (10) dias de esta notificacion, el tribunal podra, sin necesidad de compararecer usted en corte 0 escuchar pmeba alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. Oebe llevar esta llotit1cacion a UIl abogado immediatemente S1 lIsted no ticne abogado\ 0 si no ticne dinero suficiente para tal servicio, vaya en persona o llame por telpfono a 13 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 PURlPOSE" LAW OFFICES OF GREGORY JA V ARDlAN By: GREGORY JAVARDlAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEV ARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, P A 18966 (215) 942-9690 EMC MORTGAGE CORPORATION, COURT OF COMMON PLEAS ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION (ASSIGNEE) F/K1A CUMBERLAND COUNTY LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER No.: 05-4571 CIVIL TERM THAT CERTAIN SALE AND SERVICING AGREEMENT DATED DECEMBER I, 1999 AMONG AFC TRUST SERIES 1999-4, AND ANY AMENDMENTS THERETO vs. JOEY V. SULLENBERGER DENISE C. SULLENBERGER VERIFICATION OF NON.MILlTARY 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, JOEY V. SULLENBERGER, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) Defendant, JOEY V. SULLENBERGER, is over 18 years of age, and resides at 433 N, 21ST STREET, CAMP HILL, PA 17011. (c) Plaintiff, EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION (ASSIGNEE) F/K/A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED DECEMBER 1, 1999 AMONG AFC TRUST SERIES 1999- 4, AND ANY AMENDMENTS THERETO, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 909 HIDDEN RIDGE DRIVE, SUITE 200, IRVING, TX 75038. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. -r- 0-!g. l), \t~ ~ +- tt () o - ~ C> r" ~ ~ ::0 j "\:, \Y F .....:) ~ ~~ ~ R: '.--1:- C) '1"--) :-~~,~ ~~~~ ~ :?': (.:..) ~: ,J:;" ~, f:-} -- _I LAW OFFICES OF GRE<tORY JA V ARDIAN BY: GREGORY JA V AIRDIAN ATTORNEY LD, # 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff EMC Mortgage Corporation, Attorney-in- Fact for LaSalle Bank National Association (Assignee), flkla LaSalle National Bank, in its capacity as Indenture Trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among APC Trust Series 1999-4, and any amendments thereto Plaintiff Court of Common Pleas Civil Division Cumberland County No. 05-4571 Civil Term vs. Joey V. Sullenberger Denise C. Sullenberger Defendants PLAINTIFf'S MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANT. DENISE C. SULLENBERGER Plaintiff, by its att<l>rney, Gregory Javardian, Esquire, hereby respectfully moves this Court for Summary Judgment in its favor and against Defendant, Denise C, Sullenberger. In support ,of this Motion, Plaintiff submits the accompanying Proposed Order, Affidavit and Exhibits, and hereby avers as follows: 1. On November 29, 1999, the Defendants Joey V. Sullenberger and Denise C, Sullenbe*ger, entered into a Mortgage in favor of Equity One. , 2. The Mortga e was recorded December 10,1999 in Book 1586 page 739. 3, The Mortg~ge is secured by a Note executed by the Defendants, Joey V. Sullenberger and Denise C. Sullenberger, on November 29, 1999 in the principal amount of $34,600.00, 4. The Mortgage and Note were assigned to Plaintiff by virtue of an Assignmenl of Mortgage recorded August 28, 2002 in Book 689 Page 3792. 5. The property subject to the mortgage is 481 Sample Bridge Road, Enola, PA 17025. 6. The Defendants, Joey V. Sullenberger and Denise C. Sullenberger, are the record owners of the property subj ect to the mortgage. 7. The Defendants, Joey V, Sullenberger and Denise C. Sullenberger, are in default of the Mortgage and Note by failing to make payments when due and owing, Plaintiffs Affidavit, attached hereto and marked as Exhibit "A", demomstrates that the Defendant is in default and the amounts set forth in the Complaint are correct. 8. The Notice of Intention to Foreclosure and Notice of Homeowners' Emergency Mortgage Assistance was sent to the Defendants, Joey V. Sullenberger and Denise C. Sullenberger, at the mortgaged property on May 4, 200l , 9. As a result jof the default on the mortgage, Plaintiff filed the underlying I Complaint 'n Mortgage Foreclosure on September 6, 2005. (A true and correct cop of the Complaint is attached hereto and marked as Exhibit "A"). 10. On October 14, 2005, the Defendant, Denise C. Sullenberger, filed an Answer and New Matter to the Complaint. (A true and correct copy of the Answer and New Matter is attached hereto and marked as Exhibit "D"), II. Plaintiff filed an Answer to the New Matter on November 1, 2005. (A true and correct copy of the Answer to New Matter is attached hereto and marked as Exhibit "E"). 12. The Defendant Joey V. Sullenberger, did not file a response to the Complaint and a default judgment was entered against him on November 14, 2005, (A true and correct copy of the Default Judgment is attached hereto and marked as Exhibit "F"), 13. In the Answer, Defendant, Denise C, Sullenberger, admits executing the Mortgage ahd Note, and admits being the record owner of the property, (See Exhibit "D"), 14. With respe~t to the issue of default, Defendant, Denise C. Sullenberger's, Answer conitains a general denial. (See Exhibit "D"). 15. General denials by mortgagors concerning the principal and interest owing are consideted admissions of those facts. NY. Guardian Mortgage Corp. v. Dietzel, 524 A.2d 951,952 (Pa.Super. 1987); First Wisconsin Trust Co. v. Strausserj653 A.2d 688, 692 (Pa.Super. 1995). 16. The Defend~ts are contractually due for the March 3, 2005 payment. (A true and cotrect copy of the payment history is attached hereto and marked as Exhibit" "). 17. The last paYment tendered by the Defendants was credited on January 20, 2005 and applied to the payment due for February 2005. (See Exhibit "B"). 18. The payment history verifies that the Mortgage is in default as the Defendants' failed to make payments under the terms of the mortgage and note, (See I}xhibit "B"). 19. Furthermore, the payment history and affidavit corroborate the amounts due and owing, which Plaintiff is entitled to recover under the terms of the Mortgage and Note executed by the Defendants. (See Exhibits "A" and "B"). 20. The Defendant Denise C. Sullenberger has not come forth with any evidence to refute the averments in Plaintiffs pleadings as to the issues of default and ~ounts due and owing. 21. With respeqt to the issue of attorneys' fees and costs, Plaintiff also seeks recovery of~ttorney's fees of$I,OOO.OO and costs of$550.00, I 22. In PennsYlvania, a mortgagee is permitted in a foreclosure action to recover rea~onable attorney's fees. 41 P,S, S 406; Citicorp Mortgage, Inc. v, Morrisvijle Hampton Village Realtv Ltd, Partnership, 662 A.2d 1120 (Pa.Super. Ij995). 23. Additionallt, claims for attorney's fees is not limited to actual fees, but may be aw ded to cover additional costs of proceeding to foreclosure. Influential &L Assoc. v, Valentine, 25 D & C 3d 760 (1982). 24. Plaintiff is seeking costs of $550.00, which covers the title search, tax certification, filing of the complaint and service of the complaint. 25. Furthermor~, courts have concluded that claims for attorney's fees in the amount of five-percent (5%) of the principal balance is reasonable, See Foulke v, Hatfield Fair Grounds Bazaar. Inc., 173 A.2d 703 (Pa.Super. 1961). 26. Consequenlly, Plaintiffs claim for attorney's fees and costs is fair and reasonable tmder Pennsylvania law. 27. In the Answer and New Matter, Defendant, Denise C. Sullenberger, argues that Plaintiff did not comply with the pre-foreclosure notice requirements in that she 1/.0 longer resides at the mortgaged premises and did not receive the required notices. 28. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Intention to Foreclosure ("Act 6 Notice") ar(d Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 N4tice") See 41 P.S, Section 403 and 35 P.S. Section 1680.403c. 29, The combibed Act 6 and Act 91 Notice as promulgated by the Pennsylvanla Housing Finance Agency was mailed to the mortgaged property ad ress on May 4,2005. 30. The notice must be sent to the mortgaged property address or the last known addr ss of the mortgagor, if different. See 41 P.S. Section 403 and 35 P,S. Secfon 1680.403c. 31. As of the <late the notice was mailed, Plaintiff had no knowledge that the Defendant, Denise C. Sullenberger, had moved out of the mortgage premises arid was residing at a different address. (See Exhibit "A"), 32, Therefore, Plaintiff complied with the notice requirements by sending the notice to the mortgage property which was the last known address Plaintiff had for Deffendant, Denise C. Sullenberger. 33, The fact th~t Defendant, Denise C. Sullenberger, did not receive the notice as alleged lS not a defense in that receipt of the notice is not an essential element to 'fulfill the notice requirement. Second Federal S&L Assoc. v. Brennart, 5'll8 A.2d 997 (Pa,Super. 1991). 34. Lastly, the Defendant, Denise C. Sullenberger, claims that the foreclosure action should be stayed as the Defendants are have a pending divorce action and tlhe property is subject to equitable distribution claim. 35. Defendant, Denise C. Sullenberger, has not sought a court order within the foreclosure, proceeding to stay the foreclosure action and until receipt of such an order Plaintiff is permitted to proceed with the foreclosure action. 36. Plaintiff Ms made out a prima facie case for summary judgment: Defendant is the owner of the property at issue, Defendant executed the Note and ortgage at issue, Plaintiff is the holder of the Mortgage and Note; Defe dant is in default of the mortgage and has failed to cure said default, and Plaintiff complied with the notice requirements, Dated: February 13, 2006 ian, Esquire tty ill 5 69 1310 Industrial Boulevard 1st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff I 37. Thus, purs~ant to Rule 1031.5 et seq. of the Pennsylvania Rules of Civil Procedure, there is no genuine issue as to any material fact and Plaintiff is entitled to Judgment in Foreclosure as a matter oflaw. WHEREFORE, Plaintiff respectfully requests that its Motion for Summary Judgment be granted and that Judgment in Mortgage Foreclosure be entered in Plaintiffs favor and against DefendaIilt, Denise C. Sullenberger. Exhibit "A" , ~ THE LAW OFFICES OF }REGORY JA V ARDIAN BY: GREGORY JAVARDIAN ATTORNEY LD. # 5566\ 1310 INDUSTRIAL BOL LEV ARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18 66 Attorney for Plaintiff (215) 942-9690 EMC Mortgage Corporati n, Attorney-in- Fact for LaSalle Bank Nat ona1 Association (Assignee), f/k/a LaSalle l' ational Bank, in its capacity as Indenture T ustee under that certain Sale and Servicing Agreement dated December 1, 1999 among ",FC Trust Series 1999-4, and any amendme ts thereto Plaintiff Court of Common Pleas Civil Division Cumberland County No. 05-4571 Civil Term vs. Joey V. Sullenberger Denise C. Sullenberger Defendants AFFIDAVIT IN SUPPORT OF PLAINTIFF'S SUMMARY JUDGMENT MOTION AGAINST )EFENDANT DENISE C. SULLENBERGER 1, Mary Jacque Thcmpson, of full age being duly sworn according to law, depose and say that: 1. I am an Assistant V'ce-President at EMC Mortgage Corporation, Attorney-in-Fact for LaSalle Bank Nationa Association (Assignee), f/k/a LaSalle National Bank, in its capacity as Indenture Tru tee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, and any amendments thereto, and have personal knowledge 0 the facts set forth in this Affidavit. 2, The attached paym nt history is a true and correct copy of Defendants' payment history. 3. On November 2 , 1999, Defendants Joey V. Sullenberger and Denise C. Sullenberger entered into Mortgage in favor of Equity One, Incorporated. 4. On the same date the Defendants executed a Note in the principal amount of $34,600.00, the indebtedn ss of which is secured by the Mortgage. 5, Plaintiff is the hol er of the Mortgage by virtue of an Assignment of Mortgage recorded with the Recorde of Deeds of Cumberland County on August 28, 2002 in Book 689, Page 3792. 6. Said Mortgage IS now III default as a result of Defendants' failure to make payments pursuant to the terms of the Mortgage and Note and to thereafter cure said default. 7. The Notice ofInte tion to Foreclose and the Notice of Homeowners' Emergency Mortgage Assistance were sent to the Defendants on May 4, 2005. 8. As of January 5, 006, in accordance with the filed complaint, the following amounts are owed on said ortgage: Principal B lance Interest to 1 5/2006 Accumulate Late Charges Recoverabl Balance TOTAL $ 21,110.46 $ 2,226.72 $ 857.90 $ 1,626.40 $ 25,821.48 9, The per diem rate i $6.36 for each day after January 5, 2006 that the debt remains unpaid until the date of jud ment plus costs of suit and attorney's fees, 10. The Defendants ha e been credited with every payment made and received by Plaintiff and/or its assigno s, Proper amortization of the principal and interest amounts have been calculated. , II. All interest calcu ations have been correctly calculated from the date of the default and all accumulate late charges and fees have been properly assessed, 12. Despite demand, t e Defendants have failed to cure the debt as it is presently due and owing. Sworn to and Subscribed Before me this 5 day Of ::r Q.IY'\ v..c.. r'f , 20~ a~;";;':;.\ DI),NE KEENE l ''j{,.} Notary Public, Stale of em ..~...;"-'}> My Conmi..ion Elpire. 0 -28-07 .....UIl_Il'~. '#JL. Exhibit "B" iZ"; , :-:- '" .1 ~. ,'. REQ BY MAO " \"';: " p..-r'T ~: J, f\'\o EMC MO TGAGE CORPORATION P.O. B X l4135B IRVING rx 75014-1358: , ~~ , ..... t..Joq. ~ ~ JOEY V SULLENBERGER DENISE C SlJI,LENBERGER 481 SAMPLE BRIDGE RD ENCLA PA 11025 CUS MER ACCOUNT ACTIVITY STATEMENT DATE 11 iO 05 I PA 1 LOAN NUMBER: 0007426919 ********.*************~*************.~*************~********************** --~-----------~----------- DATE PAYMENT DUE 03-03-05 TOTAL PAYMENT AMOUNT 476.62 *****.W~******.***.******* PROCESS DATE DUE DATE CURRENT ACCOUNT INFORMATION ------------------- ,--.- RINCIPAL LOAN CURRENT : INTEREST INTEREST PRINCIPAL PAYMENT ~TE BALANCE 476.62 11.00000 21,110.46 , , '. **~.***************.***********._************-* ~ * 05/01/02 - 11/01/05 TRANSACTION DESCRIPTION EFFECTIVE b OF TRANSA 11: E ACTIVITY OR PERIOD TRANSACTI N CODE -------------------------- ~---------------~----~-----------------------~- - TRANSACTION AMOUNT PUN. PAID/ BALANCE ESCROW PAID/ ------------OTHER-------- - INTEREST BALANCE AMOUNT CODE/DESCRIPTION [- , I -------------------------- ----------------------------------------------~-~ -~ 09-27-05 00-00 8,15 09-20-05 00-00 260.00 09-20-05 00-00 150.00 09-20-05 00-00 100.00 09-20-05 00-00 70.20 09-20-05 00-00 B75.00 09-19-05 03-05 0.00 08-18-05 03-05 0.00 06-17-05 00-00 9.15 07-20-05 00-00 9.15 07-18-05 03-05 0.00 06-21-05 00-00 9.15 631 PROP 0.00 532 STA 0.00 632 STA 0.00 632 STJI; 0,00 532 S'I'A 0.00 630 A'l'TO 0.00 152 LATE 0.00 152 LATE 0.00 63l PROP 0.00 63l Pll.OPE 0.00 l52 LATlil 0.00 631 PROP!!: 0.00 RTY PRESERVATION 0.00 0,00 ORY EXPENSES 0.00 0.00 ORY EXPENSES 0.00 0.00 RY EXPENSES 0.00 0.00 ORY EXPENSES 0.00 0.00 Y ADVANCES 0.00 0.00 CHARGE ASSESSMENT 0.00 0.00 CHARGE ASSESSMENT 0.00 0.00 pRESERVATION 0.00 0.00 PRESERVATION 0.00 0.00 GE ASSESSMENT 0.00 0.00 PRESERVATION 0.00 0.00 47.66-1 LATE CHARGE 47.66-1 LATE CHARGE 47.66-1 LATE CHARGE :., . . ,',~~' : '~ . :~ ,. , . REQ BY MAO ,,[ I I : EMC MO~TGAGE CORPORATION P.O. BqX 141358 ; IRVING,! TX 75014-1356', i CUS~MER ACCOUNT ACTIVITY I JOEY V SULLENBERGER LOAN NUMBER: 0007426919 PROCESS DATE DUE DATE , -------------------------- -----------------------------.---------~-------- TRANSACTION AMOUNT STATEMENT \ , .. '. " , , I i , i I I , , , , DATE 11 P OS PA E 2 ACTIVITY OR PERIOD TRANSAC'1'I N CODE 05/01/02 - 11/01/05 TRANSACTION DESCRIPTION 0.00 0.00 EFFECTIV OF TRANS , , ~r-- , PRIN. PAID/ BALANCE ESCROW PAID/ ------------OTHER--------' INTEREST BALANCE AMOUNT CODE/DESCRIPTION 0.00 0.00 -------------------------- ------.---------------------------------------- - 152 LATE, CHARGE ASSESSM~ 0.00 0.00 0.00 631 PROP RTY PRESERVATIO~ 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0,00 0_00 633 MISC F/C AND B/R EXPENSES 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMEN1 0.00 0.00 0.00 631 PROP RTY PRESERVATION, 0.00 0.00 0.00 631 PROP RTY PRESERVATION 0.00 0.00 0.00 631 PROP T'f PRESERVATION 0.00 0.00 0.00 172 PAYM 476.62 21,110.46 01-20-05 01-05 172 PAYM 0.00 476.62 21,567.06 01-20-05 12-04 172 PAYM 0.00 312.60 22,063.70 01-20-05 11-04 172 PAYM 1,954,12 0.00 01-18-05 11-04 152 LATE 0.00 0,00 01-11-05 00-00 633 MISC. 25.00 0.00 12-20-04 11-04 152 LATE 0.00 0.00 11-18-04 11-04 152 LATE 0.00 0.00 06-20-05 03-05 0.00 06-07-05 00-00 9.15 05-18-05 03-05 0.00 05-12-05 00-00 20.50 04-18-05 03-05 0.00 03-18-05 03-05 0.00 02-16-05 00-00 9.15 01-31-05 00-00 100.00 01-26-05 00-00 9.15 01-20-05 02-05 0.00 0.0,0 T 476,62 0.00 HARGE ASSESSMENT 0,00 0.00 F/C AND B/R EXPENSES 0.00 0.00 GE ASS:e:SSMENT 0.00 0.00 HARGE ASS:e:SSMENT 0.00 0.00 47.66-1 LATE CHARGE 47.66-1 LATE CHARGE 47.66-1 LATE CHARGE 47.66-1 LATE CHARGE I NEW PRINCIPAL/ESCROW BALANC ~ ! i , NEW PRINCIPAL/ESCROW BALANC ~ , , NEW PRINCIPAL/ESCROW BALANC ~ 47.64 1 LATE CHARGE 47.66-1 LATE CHARGE 47.66-1 LATE CHARGE 47,66-1 LATE CHARGE EMC MO~'l'GAGE CORPORATION P.O. B<\>X 141358 IRVING) TX 75014-1358 r. ~. .~: ,:.,. l> f.'1 ',7. .'. i:': \'1 \ n' ",: I I I I I I I I DATE 11 b OS I PA ~ 3 REQ BY MAO CUST()JIIll3:R ACCOUNT ACTIVITY STATEMENT i I ACTIVITY I~OR PERIOD OS/01{02 - 11/01/05 j PROCESS DUE TRANSACTIpN TRANSACTION EFFECTIVE: DATE DATE CODE I DESCRIPTION OF TRANSA --------------------------~--_.------------------------------------------- , , I TAANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHERh------ ,- AMOUNT BAIJ\NCE INTEREST BA~CE AMOUNT CODE/DESCRIPTION i --------------------------~----------------------------------------------- [- I 10- 17 JOEY V SULLENBERGER LOAN NUMBER: 0007426919 10-18-04 10-04 172 PAYM~ 476.62 4.48 472.14 22,376.30 08-09-04 09-04 172 PAYM~ 476.62 285.36 191.26 22,380.78 07-12-04 08-04 172 PAYM$NT 476.62 194.15 282.47 22,666.14 05-31-04 07-04 172 PAYM$NT 476.62 260.61' 216.01 22,860.29 I 04-30-04 06-04 172 PA~T 476.62 307.17 I 169.45 23,120.90 04-06-04 05-04 172 PAYMENT 476.62 369.04 107,58 23,428.07 04-02-04 00-00 745 COR~. 4.25- 0.00 04-02-04 00-00 745 CORP. 0.75- 0.00 03-22-04 04-04 171 PAYM~ 524.28 374.64 101.98 23,797.11 03-08-04 03-04 171 PAYM 524.28 365.70 24,171.75 03-03-04 00-00 633 MISC. 4.25 0.00 03-02-04 00-00 633 MISC. 0.75 0.00 02-23-04 02-04 171 PAYM 524.26 119.93 24,537.45 02-16-04 02-04 152 LATE 0.00 0.00 E I N 4 0.00 NEW PRINCIPAL/ESCROW BALAN b 013- 'a 4 0.00 4 NEW PRINCIPAL/ESCROW 0..00 NEW o.po I i BALANCi ! i , I NEW PRINCIPAL/ESCROW BALANC S III NEW PRINCIPAL/ESCROW BALANC ~ I : I : I I NEW PRINCIPAL/ESCROW 0.00 0.00 ADVANCE ADJUSTMENT 0.00 0.00 ADVANCE ADJUSTMENT 0.00 0.00 47.66 1 LATE CHARGE NEW PRINCIPAL/ESCROW BALANCE F/C AND a/R ~XPENSES 0.00 0.00 F/e AND B/R EXPENSES 0.00 0.00 no _ 92 0.00 , 47.66 1 LATE CHARGE \ NEW PRINCI~AL/ESCROW BALANC $ 0.00 0.00 I I I 02-22 iO 47.66 1 LATE CHARGE ! NEW PRINCIPAL/ESCROW BALANCE ! i I GE ASSESSMENT 0.00 0.00 47.66-1 LATE CH~Rr.~ 1,.'.; . ,~~, :.,> ,~ ~ . I q '::., ", \l: b' . EMC MO~TGAGE CORPORATION P.O. BQX 141358 IRVING,i TIC 75014-1358 1 i I I ! I OATS 11 ~ 05 PA f 4 I I , j , REQ BY MAO CUST<jMER ACCOUNT ACT1VITY STATEMENT ! ACTIVITY COR FERIOD 05/01/02 - 11/01/05 PROCESS DUE TRANSACTI~N TRANSACTION - ~~~~~;~~~~ - ;;~;:~ ;~~~/r - - -- - - - - - ;;~;~;~~~~;;~~ :::::::::: :~;~~;::: = =:: = :: AMOUNT BALANCE I INTSREST B~CE AMOUNT CODE/DESCRIPTION ~~=~~:~~--~~=;:--~;;--;~~~--------------------------------------------- ,- 476.62 221.69: 254.93 0,00 24/657.38 i 12-03-03 12-03 172 PAYM~ 476.62 249.43 r'-227.19 24,879.07 I 11-03-03 11-03 172 PAYM~ 476.62 277.55, 199.07 25/128.50 i 10-0B-03 10-03 172 PAYM~ 476_62 244.n, 231.91 25,406.05 ' 09-08-03 09-03 172 PAYM~T 476.62 173.10. 303.52 25,650.76 I 07-30-03 08-03 172 PA~ 476.62 350.41 126.21 25/823.86 , 07-15-03 07-03 172 PAYMf 476.62 269.42 207.20 26,174.27+ 06-18-03 06-03 172 PA 476.62 61.25 I 415.37 26,443.69 . 04-28-03 05-03 172 PAYM T 476.62 234.86 241.76 26,504.94 03-28-03 04-03 172 PA 476.62 168.47 26,739.80 02-18-03 03-03 172 PAYM 476.62 320.71 26,908,27 01-31-03 02-03 172 PAYM 476.62 302.38 27,226.98 JOEY V SULLENBERGER LOAN NUMBER, 0007426919 308.15 174.24 E N NEW PRINCIPAL/ESCROW BALAN 12- i ~ ~ 3 I 0.00 NEW PRINCIPAL/ESCROW BALAN 11- E 2 3 , ! I 1\: t (, 'ib' 0.'00 NEW PRINCIPAL/ESCROW BALAN 10- O.po 0.00 NEW PRINCIPAL/ESCROW BALANC 09-0 i , NEW PRINCIPAL/ESCROW BALANC S 0.00 o.do NEW PRINCIPAL/ESCROW BALANC ~ 07-1 ~ I ; NEW PRINCIPAL/ESCROW BALANC S I ! 0.0'0 , I ~ ~ 3 NEW PRINCIPAL/ESCROW BALANC 04-2 0.00 NEW PRINCIPAL/ESCROW BALANCE 0.00 NEW PRINCIPAL/ESCROW BALANCE \ 0.00 NEW PRINCIPAL/ESCROW BALANCE! 01-30 P 0.00 NEW PRINCIPAL/ESCROW BALANCE I Exhibit "e" LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JAVARDIAN ID# 55669 I3 I 0 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (2 I 5) 942-9690 Attorney for Plaintiff .' ( EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION (ASSIGNEE) /KJA LASALLE NATIONAL BAN ,IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SA E AND SERVICING AGREEMENT ATED DECEMBER 1,1999 AMON AFC TRUST SERIES 1999-4, AND ANY AMENDMENTS THERETO 909 HIDDEN RIDGE DRIVE" SUITE 200 IRVING, TEXAS 75038 PLAINTIFF COURT OF COMMON PLEAs.; .-<. CIVIL DIVISION CUMBERLAND COUNTY () S;;; ,..., o c:::.;. ,.n C0 r-q -0 o " -< :J:-'-j rrlp:::: ," c:; I c-, Z':_'; r'--J OJ NO. 65 - 1fS'1/ C/'ul'LLy-fLt VS. COMPLAINT IN MORTGAGE FORECLOSURE JOEY V. SULLENBERGER DENISE C. SULLENBERGEJil,. 481 SAMPLE BRIDGE ROAD ENOLA, PA 17025 DEFENDANTS NOTICE , You have been sued In Court. If you wish to defend against the claims set forth in the foIlowing pages, you must tak~ action within twenty (20) days after this Complaint and notice are served, by entering a written aIjpearance personally or by attorney and filing in writing with the court your defense or objections to tj1e clairns set forth against you. You are warned that if you fail to do so the case rnay proceed wit~out you and a judgment may be entered against you by the Court without further notice for ani money claimed in the complaint or for any other claim or relief requested by the Plaintiff. Y 011 may lose rnoney or property or other rights irnportant to you, I YOU SHOULD T THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, G TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YO WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT A FORD TO HlRE ALA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INF RMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE P RSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 IF THIS IS THE FIRST N011ICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED TH1 T: ! PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IS U.S,C 9 1692 et seq. (1977), DEFENIDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION tHEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DA lfS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOi' OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF RE UESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, CO SEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRE . S OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REElRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLO ING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS EBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS. COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) D YS, YOU MA Y OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, 0 REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE XPlRA TION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS OMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAM AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (3~DA Y PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, TELA W REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGA TIO OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED FORMATION 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 A~IAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff EMC MORTGAGE CORPORATION, COURT OF COMMON PLEAS ATIORNEY-IN-FACT FOR LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION (ASSIGNEp) F/K/A LASALLE NATIONAL BANK, IN ITS CUMBERLAND COUNTY CAPACITY AS INDENTUI(rn TRUSTEE UNDER THAT CERTAIN $ALE AND SERVICING AGREEMENT DATED DECEMBER 1, 1999 AMONG AFC NO. TRUST SERIES 1999-4, AWD ANY AMENDMENTSTHERET~ 909 HIDDEN RIDGE DImtE, SUITE 200 IRVING, TEXAS 75038 : PLAINtIFF VS, COMPLAINT IN MORTGAGE FORECLOSURE JOEY V. SULLENBERGER DENISE C. SULLENBERGER 481 SAMPLE BRIDGE ROAD ENOLA, P A 17025 DEFEl~DANTS I , CIVIL j\CTION MORTGAGE FORECLOSURE 1. EMC Mort~ge Corporation, Attorney-in-Fact for LaSalle Bank National Association (Assignee) f/k/a LaSalle National Bank, in its capacity as Indenture T stee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4 and any amendments thereto, (he einafter referred to as "Plaintiff') is an Institution, conducting business er the Laws of the Commonwealth of Pennsylvania with a principal pI ce of business at the address indicated in the caption hereof. 2. Joey V. Su lenberger and Denise C. Sullenberger, (hereinafter referred to as "Defend ts") are adult individuals residing at the address indicated in the caption ereof. 3. Plaintiff bring~ this action to foreclose on the mortgage between the 4. Defendants aqd itself as Mortgagee by Assignment. The Mortgage, dated November 29, 1999, was recorded on December 10, 1999 in the Office of the I{.ecorder of Deeds in Cumberland County in Mortgage Book 1586, page 739. 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 3792. A copy of the Mortgage is attached and made a part hereof as Exhibit' A' . The Mortgage secures the indebtedness of a Note executed by Defendants on Novembe~ 29, 1999 in the original principal amount of $34,600.00 I payable to P*intiff in monthly installments with an interest rate of 11%. A copy ofthdNote is attached and made a part hereof as Exhibit 'B'. The land subjiect to the mortgage is 481 SampleiBridge Road, Enola, PA 17025. A copy of the Legal Description fs attached as part of the Mortgage as Exhibit 'A' and incorporated ~erein. The Defend+ts are the record owners of the mortgaged property located at 481 Sample Bridge Road, Enola, PA 17025. The MortgaJe is now in default due to the failure of Defendants to make payments asl they become due and owing. As a result of the default, the following ~ounts are due: Prin~ipal Balance 5. 6. 7, Interest to 8/19/2005 $21,110.46 1,342.39 810.24 32.00 154.90 550,00 1,000.00 $24,999.99 Acc mulated Late Charges Tot -Fees Rec verable Balance Cos of Suit and Title Search Att rney's Fees TO AL plus interes from 8/20/2005 at 6.36 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 purQ:hase at Sheriffs sale. lfthe 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 I I a defaulting mbrtgagor with a Notice ofIntention to Foreclosure ("Act 6 Notice") 41 P.S. Section 403 and Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S, Section 1680.403c. 10. The Notice of Intention to Foreclose and Notice of Homeowners' Emergency Mbrtgage Assistance were required and Plaintiff sent the uniform notic~ as promulgated by the Pennsylvania Housing Finance Agency to the! Defendants by regular and certified mail on May 4,2005. 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 pr</lperty in Plaintiff s favor and against the Defendants, in the sum of $24,999.99 together With the interest from 8/20/2005 at $6.36 per day, costs of suit and attorney fees. Law offices of Gregory Javardian ..--------- b)(lllBl't ' p..' ----- BE A 1RUE ~~ 101.. COP'I, "NO , -'~ - .,"'../ SECONDARY MORTGAGE LOAN This Agm:mcal Is Subject. To The Provisions or The SccoDdary Mortgage Loan Act. MORlIGAGE THIS MORTGAGE is made this between the Mortgator, JOEY V. 29th d.yof NOVEMBER, 1999 SULLENBERGER AND DENISE C. SULLENBERGER and the Mortgagee, I ex.isting under the taws: of PENNSYLVANIA I whose address is 4909 LOUISE DRIVE, SUITE 1~6, MECHAN!CSBURG. EQUr TY ONE. INCORPORA~ED. A (herein "Borrower"), PENNSYLVANIA CORPORATION , a corporation organh.ed and PENNSYLVANI~ 17055 (hcrein"Lender"). WHEREAS Borrower is indebted 10 Lender in the prircipal sum of U.S. S 34,600.00 . . . . . '.I .. i NOVEMBER 29 1999 and extensIOns whkh indebtedness LS eVidenced by Borrower s note t'.:dcu ..' . . and renewals thereof (herein "Notc"), providing for month y installments of (lnnclpal and mterest, wlch che balance of Ib: . ..... d bJe 0' DECEMBER 3, 200.9 , indebtedness, If nol sooner palu, ulJC an paya D j' TO SECURE to Lender the repayment of the indebl ness evidenced by the Note. with imerest thereon; the payment of aU other sums, with interest thereon, advanced in accor ance herewith 10 prolee! the security of this Mortgage; ane! the perfonnance of the COvenants and agreemenlS of Borrowe. herein contained, Borrower does hereby mortgage, grant and convey to Lcnocr the ronowing described plOj)crty IQcal~ In the CounlY of CUMBERLAND , State of Pennsylvania: ERE F LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART H 0 Pennsylv.mill 17025 481 SAMPLE BR DGE ROAD, ENOLA IS,.... I (herein ~Pr eny Address~); IO'T! which has the address of Il'pCn<l<l TOGETHER with all clte improvements nOw or ereaner erected on the property, and all easements, rights, ap- purtenances and rents, all of which shaH be deemed to e aJld remain a part of the property covered by this Morrgage; and all of the foregoing, together with said property (ot I.h leasehold estate i.f this Mortgage is on a leasehold) are hereinafter referred 10 liS the "Property. ~ Borrower covenants tbat Borrower is lawfully seisc of lhe estate hereby conveyed and has ll:Je right to mortgage, grant and convey the Propeny, and that the Properly is unen umbered, except for encumbrances of record, Borrower covenants that Borrower warrants Md will dl:(end generally lh fiLle 10 Ihe Property against aU claims and demands, subject to encumbrances of retord. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower s all promptly pay when due the principal and interest indebteDness evidenced by the NOlC and late charges as provided in the Note. 2. Funds for Taxes and lnsurance. Subject to ap licable law or a written wai'ver by Lender. Borrower shall pay 10 Lender on the day monthly payments of principal and imerest are payable under the Note. until the Nole is paid in full, II sum (herein nFunds") equal 10 one~!welfih of lhe yea ly [a:<es and assessments (including condominium and plaJmed unit develupment assessmems. jf any) which may attain pr ority over Ihis Mongage and ground rents on the Property, if any, r1m one-lwclfrh of yearly premium instaUments for h rd insurance, plus one-twelfth of yearly prentium insCallmen(s for mortgage insurance, if Olny, aU as. reasonably e$timateo initi~ny and flom time to time by Lender on me basis of assessments and bills and reasonable estimares thereof. Borrower Shall not be oblisaled co make such payments of Funds to Lender to the eluent lhllt Borrower makes such payments 10 the holder of a prior mOrtgage or deed of truSt if such holder is an institutionallender33'd93.11651 PENNSYLVANIA -SEcmm MOR-rGAGt: - 1/80. /l(MMAHMC UNIl'Ol<M INSnU)MI;HT J:.:,nn JBJ~ ._-,. r.;.lol. o Commonwealt~ ,L\,,, \,""" """"'.~' COMMO.,,^YT..Uni LvmTrnE INSlIRANn: COMPA~ File No. P120,645 LEGAL DESCRIPTION ~=======~==:=====~==~==================~==~==~================~== ALL THAT C2RTArN hou~e and e Silver spring, councy ot CU bound.d and d~~crihad at tol ace of land situate erland end Stac. of Oli., eo wit, in tha townllhip of P,nnllylvania, BEGINNING 4C A paine on che orehern ~.dicated right-ot-way ~in. ot Sampl~ Srid9~ Road, .aid poi c geing referenoed and loeaead a.947 _1- teet !rom the ineer~eoei n of Miller. Gap Road and samplO Bridge Roadl chence from .ai poine of ~eing 110ng lan4 now Dr late a! If. 1/. llhodu Noreh 4 dlgr ell West, I distance of ~,OJ7 -/.. fe,1; to a point I thence along lan now or hl;t ot Ball and Albright Norch 1~ d.~re.s BA~e, A di. snce of 184 ./- f..e to a point: thenc~ &lonS hnd now or lilt: of Frank Sheriff South 4. aeIJrellll !_Bt, a di.tanc. of ~,C25 _/ feet 1;0 a point, thence .lon~ the nor~h8rn dedicated ~ight-Of- ay line of Simp!' B~idg. Road Ul I wtsterly d1rllot10n along an rc .of a c~rve, curving to I;hl r~eht, h,-vins .. ndi\ls of .8QO -/- .1It .m1 an .J:C Llngth at 1.5:l _/.. t..t to a point. the placa of SEG NNINO, SAID lot contairte 1.1 acree, more or l~i.. BEING THE SAME PREMISES which orge F. Sullenberger, Jr. and Ellen M~rie Sullenberger, h/w, by their deed dated March 19, 1999. and recorded March 19, 1999, in the Office of the ecorder of Deeds in and for Cumberland County, Pennsylvania, in Deed B ok 196, Page 3D, granted and conveyed to Joey V. Sullenberger and Denise! C. SullenQerger, h/w, Mortgagors herein. PA3 ~f"'m<\H){) If Borrower pays Funds to Lender, the Funds shall be h~ld in an institution the deposits or accounts of Wh~ch are insured or guaranteed by a Federal or Slafe agency (includitl_i: Lend~' if Lender is such an institution). Lender shall. apply the Fu~ds 10 pay said taxes, assessments, insurance premiums and gee nd ~~[S. Lender may not ~harge for so holding and applymg Ihe Funds, analyzing said account or verifying and campi ins said assessments and blUS. un(ess Lender pays ~orr~~er interest on the Funds and applicable law pl:rnlilS Lender to ,ake such a charge. Borrower and Lender may a.gree JI1 wTlung a( the time of execution of this Mortgage that interest on lhF Funds shall be paid to Borrower. and unless such agreement is made or applicable law requires such interest to be paid; Lender shall not be required to pay Borrower any .interest ~r c.1n1ings on the Funds. Lender shall give to Borrower, Wi140U( charge, an anllu.a1 accounting of the Funds showmg :~d\ts and debits to tbe Funds and the purpose for which each de~i{ !o the Funds was made. The Funds. are pledged as addulOnal security for the sums secured by this Mongage. ' If the amount of the Fuods held by Lender, logemer w~th the future monthly installments of Funds payable prior to che due dates ofta.xes, assessmell!s, insurance premiums and g~'ound rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as th y fall due, such excess sball be, at Borrower's oprion, either promptly repaid to Borrower or credited to Borrower on ~ nt1l\y instatln:ents of Funds. If the amoUnt of the Funds held by Leader shall nol be sufflcienl to pay taxes., assessmems, Isurance pretlUums and ground rems as !hey faB dUe, Borrower sh.all pay to Lender any amount necessary to make up th~efiCienCY in one Qf more payments as Lender may require. Upon payment in full of all sums secured by this Mar gage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereot' the Property is ld or the Property is otherwise acquired by Lender, Lender shall apply, 110 [Oller than immedialely prior to !he sale of (he P ope:rty or its acquisition by Lender, any Funds beld by Lender at the time of application as a credi: against the sums secu by lhis Mortgage. 3. Appltcat.ionofPaymcnts. Unless applicable law pr vides otherwise, aU payments received by Lender under lhe NOle and paragraphs 1 ;md 2 hereof shall be applied by Lender Irst ill payment of amounts payable to Lender by Borrower undcr p'Jragraph 1 hereof, then to interest payable On the Note, d then (Q the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; . llS. Borrower shall perform all of Borrower's obligations under any mongage. deed of truSt or other security agreemen with a lien which has priority over this Mortgage; including Borrower's covenants to make payments when dUe. Borro er shall payor C<luse to be paid aU taxes, assessments and other charses. fines and impositions auriburable (0 the Propen which may attain a priority over this Mortgage, and leasehold payment.s or ground rents, if any. S. Hazard Iusutancc. Borrower shall keep the impro emenls now existing or hereafter erected on the Property insured against loss by tire, ha2'Jlrds included within the term "ex ended coverage-, and suc.h other bazards as Lender may require and in such amoUntS and for suct\ periCJds as Lender may require. The insurance carrier providing tile insurance shall e chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All irnurance policies and renewals thereof shall be in a form :J.cceptable to Lender and shall include a slandard mortga e clause in favor of and in a form acceptable to Lender, Lender shall have the right to hold the policies and renewals: the eaf, subject to the tenns of an)' mortgage, deed of trust or other security agreement with a Hen which has priorilY over lh.s Mortgage. In (he evenl of Joss, Borrower shall give prompt no ice to the insurance carrier and lender. Lender may make proof of loss If nol made promptly by Borrower. If the Property is abandoned by Borrower, or ifBor wer fails to respond (0 Lender within 30 days from rherlatenotke is mailed by Lender to Dorrower that the insurance carrie offers to settle a claim for insurance benefils, Lender is authotiz.e.d to cottcc:~ and apply tI\e il\surance proceeds at Lender's 0 tion. either to re.Sloration or refhlir of the Property or to the sums Sl."turcd by this Mortg<lse. 6. Preservation and MainlaW!ceaf Property; Lease aIds; Condominiums; Planned Unit Developments. Borrower shaU keep (he Property in good repair and shall nor commit w te or permit impairment or deterioration of the Property and shall comply Wilh the proYisions of any lease if this Mortgag is on a leasehold. if this Mortgage is on a unil in a condominium or a plarmed unit develo.pment, Borrower sh:ill perfor all of Borrower's obtil!.ations under the declara[[on or CQvenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower ails 10 per(ortrl tbe covenants and agreemenls contained in this Mortgage, or if any action Or proceeding is commenc which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, m m<lke suc)) appearanc.es, disburse such sums, including reasonable attorneys' fees, and take: such action as is necessary to roleet Lender's imerest. If Lender required mortgage insurance as a condition of making the Joan seclJred by this Mortg ge, Borrower shall pay the premiums required to maintain such insurance in effect unli] such time as the requirement or such insurance ttrminales in accordance with Borrower's and Lender's wriHen agrc~mcnt or applicable law. . An)' amOUnts disbursed by Lender pursuant to thi paragraph j, with interest thereon, at Ihe Note rate, shall become addiliona.l. in<1ebledness of Bonower secured by this Mo gage. Unless BotfQwer and Lender agree wother terms of payment, such amounts shall be payable upon notice (rom Lender to Borrower requesting paymt'J'lt thereof. Nothing contained in this paragraph 7 shall require Lender (0 incur any expense r take:my action hereunder. B. Inspection. Lenclt:r may make or cause to be ma e reasonable entries upon and inspections of the Property, provided that Lender shaJJ give Bon-ower notice prior to any suc inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. CondClIlll3tion. The proceeds of any award or condernnalion or olher taking of the Property, Of pol assigned and shaH he paid LO lender, subject to the ler :I lien which has priorily OVer this Mortgage. 10. .Bo~wer Not Released; Forbc.a.rancc By Len Not a WaiVCf. Extension of the time for payment Or modificatiOi\ of amortlz:Jllon of thc SU1mi secured by this-Mortgage ranled by under to any successOr in interest of Borrower shall not operate to r~lease, in any manner, the liability of the 0 iginal Borrower and Borrower's Successors in interest. Lender shall not b~ re~U1rcd to commence procecdi~gs against such uccessor or refuse to exlend time for paymenr or olherwise mOdify amonlzat\o~o.f lite sums sec~red by lhlS Mongngeby r Olson of any demand made by me original Borrower and Borrower's succ~ssors In mteres.t. Any torbe.arance. by Lender in exercising any right or remedy hereunder, or olherwise afforded by appfLcable law. sh~1I nOI be: a waIver of or preclude {he exercise of any such right or remedy. laim for damages, direct or consequential. in conncetion with any thereof, or for conveyance in lieu of condemnation, arc hereby of any mortgage, deed of troSt or olner secunly agreement with rDiss'tLvMll^. SECOND MOKTG,v:JE. l/~O. FNMMFlIlMC UNIIURM lNSTRI1MtI'IT lcc.llr_llj,l.J/96 P'l" 2 of ~ C'(>f1lI)B39 11. Successors and Assigns Bound; Joint and Severa: LiabiJHYi Co-signers. The co~tnants and agreements herein contained shall bind, and the rights hereunder shall inure to. he respective successors and assigns of ~e.nder and Borrower, subjetl to the provisions of paragraph 16 hereof. All coven IS and agre~menls. or.Borr~wer shall be JOHU and severaL Any Borrower who co-signs this Mortgage, but does not ex,eCllle t e Note. (a) \5 co-s)gmn~ thIS Mortgage ~nly to mortgage, ~ranl and convey that Borrower's interest in the Property to Lend r under the terms of thIS Mortgage, (b) IS not personally liable on the Nale or under this Mortgage. and (c) agrees that Lepder and any other Borr~wer hereunder may agree ~o extend. modify. forbear, or m:1ke any olher acconunodations wirl1 fesar~, I~ me .terms of tins Mortgage or the N,ot: wltho~t (hat Borrowc('s c.onsent and without releasing that Borrower Of'ITIodltymg thIS Mortgage as to that Borrowcr s mter~t In the Property. t; . 12. Notice. Exeept for any notice required under ap lieable law to be given in anorher manne~, (a) ar:y nOUee to Borrower provided for in this Mortgage shall be siven by d liverlng it or by mailing sw;h nolice by eertlfied mall addressed to Borrower al the Property Address or at such other addrl1ss as Borrower may designate by notice to ~nder as provided herein, and (b) any notice to Lender shall be given by cq-tifi:d nuB t~ Lender's ~ddress ~tated he,rem .or to such other address as Lender may designate by notice co Borrower llSffirOVlded hercln. Any nOllce prOVided for m thiS Morcgage Sll<.lll be deem~ lo have been given tQ Borrower OT Lender wh given in the manner designated herein. 13. Governing L.aw; Severability. The state and I cal}aws applicable to this Mortgage shall be the laws of the jurisdiction ill which the Propeny is localcd. The foregoin sentence shaH not limit ~e applitabilj~y of Federal law tQ t~is Mortgage. In the event that any provision or clause of tbis ongage or the Note confllcls with apphcable law, such confhct shall not affect other provisions of this Morlgage or the Ie which can be given effect wilhout the conflicting provision, and to this end the provisions of this Mortgage and !h~ Note are d:el.ared to be .severable:. As. u~ed berc:~n, .cosc~.~. "cxpenscs~ and. ~attomeys' fees" include all sums to the e tent not prohibited by applicable law or hml[ed herem. . 14. Borrower's Copy. Borrower shall be fumishcd confomlcd copy of the Note and of this Mortgage al the time of execution or afler rccord:ttion hereof. 15. Rehabilitation Loan Agreement. Borrower shallifulfill aU of Borrower's obJigationsunder any home rehabilitation, imprOVelT\CIlI, repair. or olher loan agreement which Bo;ower emea into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver (0 Lender, in a r. 1m acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may ha....e ag~jnsl parties who.!Ou ply labor, materials or services in connection Wial improvemenls made to the Property. i 16. Transfer of the Property or a Beneficial InttrFst in narrower. I( all or any p:ut of the Property or any interest if! it is sold or Iransl.cned (Ot if a benet"tcial inter~5t in Bolrower is sold or transferred mld Borrowet is not a natural person) without Lender's prior written consent, Lender may, at {s option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall nO! be execised hy Lender if ~xercise is pronibited by federal law as of the dale of this Mortgage. Jf Lender exercises Ihis. option, Lender shall give orrower notice of acceleration. TIle notice shaJJ provide a period of not less lhan 30 days from the date the notice is deli ered or mailed within whicll Borrower must pay all sums secured by Ihis Mortgage. If Borrower fails lO pay lhese sums pri r to the expiration of Ihis period, Lender may invoke any remedies permitted by this Mortgage without further notice or d d on Borrower. NON.UNIFORM COVENANTS. Borrower anD der further covenant and agree as follows: 17. Acceleratic)O; Remedies. Upon Borrower's br ch or any covenant or agreement ornorrower in this Mortgage, including the CQvcmmls to pay when due any sums se red by this Mortgage, Lender prior' to acceleration shall give notke to BorrowC1' as provided by applicable law s ec.iryingl a.mong other things: {1) the breach; (2) the action required to cure;: such breach; (3) a date, not less tb n 30 days (rom the date the notice is mailed to Borrower, by 'vhkh such breach must be cured; a.nd (4) that failure:: to cure such brtaeh on Qr berort. the date speci.fied in the notice may result in aCCeleration of the Stutts secured by Ibi Mortgage, foreclosure by judicial proceeding, and sale of the Property. The. notice shall further inform Borrower r the right to reinstate after acceleration and the right to assert in the forcdosure proceeding the nonexistence of a default or any other defense at Borrower to :u::celcration and foreclosure. lr the breach is not cured 011 or before t e date specified in the notice. Lender, :It Lender's option, may declare all of the sums secured by this Mortgage to l:J immediately due and payable without further demand and may foredose this Mortgage by judiciar proceeding. LefI er shall be entitled to collect in such proceeding all expenses of foredosure, including, but not limited lQ, rcasonabJ attorneys' fees, and costs of documentary evidence, abstracts ::Jnd title reports. I 18. Borrower's Rigbllo Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Motlgage oue to Borrower'S breach, Borrower shall have the. right to ave any proceedings begun by Lenoer 10 enforce this Motlgage discontinued at any time prior to at least one hour be ore the commenCement of bidding at a sheriffs sale or other sale pursuant to this Mortgage if; (a) Bonower pays Lender all sums Wl1ich woulo be then due under this Mortgage and the Note had no acceleration Qccurred.; (0) Borrower cures all beaches of any other covenants or agreements of Borrower contained in lhis Mortgage; (c) Borrower pays all reasonable exp ses incurred by Lender in enforcing the covenants and agreements of 8QITower conlaincd in this Mortgage and in enford g Lender's remedies as provided in paragraph 17 her~f, induding. but not limited to, reasonable attorneys' fees; and (d) B rrower takes such action as Lender may re.1sonably require to assure that the lien of this Mortgage, Lender's interesl in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall COntinue unimpaired. Upon such pay nl and cure by Borrower, this Mongage and the obligations secured hereby shaH remain in full force and effect as if no a eleration had occurred. 19. Assignment Qf Rents; Appointment of eiver; Lender in Possession. As additional securicy hereunder, Borrower hereby assigns 10 Lender the rents of the roperty, provided that Borrower shall, prior to acceleration under paragraph 11 hereof or ab:mdonment of the Property, ave Ihe tiSht to collecl and rewin such rents as they become due and payable. , . ~pon acc~leralion ~nder paragraph, 17 hereof abandonmenl of the Property. Lender, in person. by agent or by JudiCially appomted n...<:elVer shall be cnfllJed to enter upon, lake possession of and manage the Property and to collect (he rents of tile Properly includin~ those past due. AU ren s collected by Lender or the receiver shall be applied first to payment of the costs of management QI Lhl: Property and colle tion of rents, including, but no! limited 10. rcceiver's fees. premiums on receivcr's bonds and reasonable altorneys' fees, d then 10 the sums secured by this Mortgase. Lender and the receiver shall be liable to account only for those renls acltlall received. 20. Release. Upon paymem of all sums secured y this Mortgage, Lender shall discharge thlli Mortgage without charge 10 BorroWer. Borrower shall pay all costs of recorda ion. if any. 21. .Interest. Rate After Judgment. Borrower grees that the interest rate payable afeer a judsmem i$ entered OJ) the Note or In an aCllon of morlgage foreclosure shall b the rale stated in clle No/e. 1'F.NNSYl.VAN1A, SF.CONl:l MDRT\JAGr:: - 1180 - FNMAlntl.MC \ilN1FORM INSTRUMF.NT I<:C-H"'111~4.lJ\lCi r". l ~r ~ Fonn3H9 REQUEST FOR N AND FORECLOS MORTGAGES 0 ICE OF I>EFAVLT UNDER SUPERIOR I>EEDS OF TRUST Borrower and Lender request the holder of any mortg ge, deed of trust or other encumbrance w~th a lien which has priority over this Mortgage to give Notice to lender, al der's address set f?M on page one of 11m Mortgage, of any default umJer the superior encumbrance and of any sale or ther foreclosure action. JO \" V. S Seal Borrower Seal Borrower . OHawer has executed thi Mor!gage. (Sea\) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Sign Origioal Only) Certificate of Residence I, ~\J"0 r-\ .1W.0(, j ,doherebycertifytha(thecorrect address of [he within-named Lender is EQUITY ONE INCORPORATED, A PENNSYLVANIA CORMRATION l/qU<=\ LOV.J~ I),e..} .tV, I;-'l I(jIJ I~('th P,.... \ ~J-J" . Wi\nmmy hand this .;2'\ doynf 'IV' i~"l, . /' . / if' Qy /f-/Jnt of lender COMMONWEALTH OF PENNSYLVANIA, (Vf"\v:'.eAu>>o County ss: On this, Ute 29th day of NQVEMBE I 1999 ,beforeme,lheundersignec1officer. personally appeared JOEY V. SULLENBERGER AND D NISE C. SULLENBERGER known to me (or satisfactorily proven) to be the person to the within instrument and acknowledged that for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand hose name .r '-\J..y "K subscribed ex.ecuted the same d official seal. CQ:iWid ,~ My Commlss. NOTARIAL SEAL DAVID tl. STONE, NoialY PutlIl: NOW CumDel1atld Boro. Cumber1and Co, COl1ItIIIssWn E1p1ns Nov. 9, 2002 n /1t'l-b>-'1' {l<c,\... Title of Officer (Spa.ce D~l(11f This ~ R rrnd For undtr :and R~orderJ PENNSYl.VANIA . SECOND MORTGAGE. \180 _ FNMAlFHl.MC UNIFQ>RM rNSTRUMENT ICCIfN2H45-71% ]V.. oH F~,..", 3839 This ADDENDUM TO MORTGAGE/DEEI:> OF TRUST/DEED TO SECURE DEBT/SECURITY DEED (also known as .Security Instrumenl~) is rtmde thi$ 29th day of NOVEMBER, 1999. and is incorporated into and amends the Security Instrument of the same date given by the undersigned (the "Borrower") to secure Borrower's Note (the "Noren) 10 EQUI TY ONE, INCORPORATED, A PENNSYLVANIA CORPORATION (the "Lender") of the same dale and covering the ~roperty described in the Security lnurument and located at: 481 SAMPLE BRIDGE ROAD, ENO~, PENNSYLVANIA 17025 (ProPF"Y Address) In addition to the covenants and agreementsj'made in the Security Instrument, Borrower and Lender funher agree as follows: I. If the Security Instrument is a Second M~rtgage FNMA/FHLMC Uniform Instro1?ent, then the paragraph eacitled, "Payment of PrincjpaJ iuld Interest!! is amended to include prepayment charges as provided in any Prepayment Rider executed in connection with the Note. 2. The paragraph of the Security Instrument! entitled. -Application of Borrower's Payments" or atternalely "Application or Payments," is i1eleted in its enlirety and the application of payments is governed by the Note. 3. Unless prohibited by applicable law. the part graph of the Security Instrument entitled, "Acceleration; Remedies- or alternately MLender's Rights fBorrower Fails to Keep Promises and Agreements. ~ is supplemented by adding the following pr visions: "Additionally. Lender may require imrnedi,*t: payment in fuJl of the entire amount remaining unpaid under the NOIe and this SecurilY JnsU1Jmen~, jf; (I) On application of Lender. two or rttore insurance companies licensed to do business in the Stale in which the Property is located, refusd to issue policies insuring the buildings and improvements on the Property; or (2) Borrower fails to make any payrnc4( required by a sdlior mortgage. deed of fl1l5l, deed (Q secure debt or other security instrument enFumbering or affecting the Property or fails to keep any ower pronUse or agreement in any seniorl mortgage, deed of tlUst, deed to secure debt or other set:urily instrument encumbering or affectiqg the Property; or (3) Any representation made or infor~ation given to Lender by Borrower in connection wilh 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 b4 used in conneCTion with any illegal activily_. 4. For a loan secured by Iowa real property: a. The following sentence is added to the lend of the paragraph of the Security instrument entitled, "Release" or afternately "Redemption IPeriod:" "Borrower shall pay any recordation a~d/()r official costs in connection with this mortgage.. MULTISTATE ^DDENDUM TO ISTI2ND FNMAlFHLMC SECURITY INSTRUMENT GENERIC (4fJOl'J8j . SNORT FORM 1II'<<(I.J.I4.&/98 ^MGOl3D.USM Po:.. J <~4 b. Language is added to the Security InstrU nt as follows: "NOTICE TO BORROWER. I UN RSTAND THAT HOMESTEAD PROPERTY !S IN M ANY CASES PROTEcrED FROM T E CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE: AND THAT BY SI N!NG THIS MORTGAGE,! VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTEC ON FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPO THIS MORTGAGE." I c. If the Security Instrument is a second orl junior priority Security Instrumem, then the following applies: : Unless otherwise preempted by applic~jc federal or other law. the prepayment penalty ana attorneys' fees provisions from paragrap~s 1. 3. 7,18 and 21 are deleted in their enurety. The paragraph of the Security Iosuumentttilled. ~Transrer of the Property or a Beneficial Interest in Borrower," is amended by chan ins: Ihe notice of default or acceleration to be at least GO days if the loan is secured by a secondary li n on real property in the State of Conneclicul and at least 35 dllYS if the loan is secured by a lien on i I property in the State of Oklahoma. For a loan s.ecured by Kansas real property, f the Security Instrument is Ponn 3017, the last sentence in the paragraph entided, IIAcce1eratjon; R medks," is deleted anrl repJaced wHh the following: "Lender shall be entitled to collect all r onable expenses incurred in pursuing the remedies provided it! this paragraph, including, ut not limited to, reasonable attorneys' rees, to the extent allowed by applicable law,n 5. 6. 7. In addition, the paragraph entitled, "Attorn ys' Fees," is deleted in its entirety. For a Joan secured by Ohio real property, r e following language is added after the legal description section of the Security Instrument: ~This mortgage is given upon the slatuto 5302.14 of the Revised Code and provid performs the other obligations secured by insurance against fire and other hazards and become null and void." I For:l loan secured by Soulh Carolina real jroperty; If the Security Instrument is Form 3041, th second sentence of the paragraph entitled, "Waivers,1I is deleted. If the Security Instrument is F nn 384] the paragraph entitled, "Waiver of Right of Appr-aisal,1l is deleted. 8. 9. condition. "Statutory Condition" is defined in Section generally thaI if Borrower pays the indebtedness and is mortgage, pays all taxes and assessments, mailltains oes not conunit or permit waste, then this mortgage will The paragraph of the Security IoS1CU m entitled, MLaw Tbat Governs This Sc<:urity InstrumentfMortgage" or alternately "Go erning Law; Sevcrability,n is amended by deleting the firs! sentence and replacing it wirh Ihe roll jog language; "This. Security Instrument shall be goveme by federal law and, 10 the extent nOl inconsistent with or more r~trictive than federal law or reg lation governing Lender. the laws of the jurisdiction in which the Property is located.' MULTISTATE ADDENDUM TO ISTf2ND FNMAlFHLMC SECUIUTY INSTRUMENT GENERIC (~I)OJ1laJ . SHORT FORM 1l1'44O}.1J-&/95 AMGOfJll,lfSM r,~o 2 af~ 10. If !he Securil:i \ns\nunen\)1> a second Of junior p ioril)' Stt-url,ty \nstt\l.l,\\ent, then a \lat<l.~ra.ph is idded to the Security Instrument as follows: .WAIVER OF IUGHT TO INCREASE PRl R MORTGAGEIDEED OF TRUST, Borrower hereby waiveoS' Borrower's rithts if any. to in rease any sQ1'lor deed of trust, mortgage or other security iIloS'U1lmem on the Property under any rovision conta(n~d Ulcrein govcrning optional future advances, and, to lhe extent pennitted by la , waives Borrower's rights under :my law which provides for an increase of said prior deed of t SI, mortgage, deed !O seCUre debt or other se<:urity instrument to pay for repairs, improvements, cplacemenls, laxes, munieipalliens, assessments or other charges on the Property. If, notwWlSlan ing the foregoing waiver, such funds are advanced to or on behalf of Borrower, whether volumarily or involuntarily, Borrower agrees that Lender, at its option, may 3ccelerale the inDebtedness secure hereby." 11. A prov.i3ion is added to the Security Instrumen as follows: "Borrower hereby acknowledges receipt, with t charge, of a true copy of me Securiry Instrument." 12. Escrow Waiver 00 If the box above has been cbecked, Lender VI ives the requirement for Borrower to make payment to Lender for the escrow jtelTlS reierred to i the paragraph of the Security Instrument entitled, "Funds\MonthJy Payments for Taxes and 1 Uf;:lnCe, M Borrower shaH pay these obligations on time directly to the person owed paymen!. Borr wer shall promptly furnish to Lender all notices 0[ amounts to be paid under this paragraph, and eceipts evidencing such payment. Unless olherwise prohibited by applicable law, Lender reserves the right to require Borrower to make payment to Lender for me C$crow items refi rred to in the paragraph of the Security Instntment entitled, "FundslMonthJy Payments for Tax and Insurance," if Borrower defaults in the paymem of such escrow items and such default is. Mt cured withi.n the li~ set Carth. in any notice sent to Borrower by Lender. lender reserves such r ght even wough under did not establish such escrow account as a conditioI1lo closing the loan. If ender requires Borrower (0 make paymems 10 Lender as pfQ....ided hete'ln, the pI\:)....i.~i.()ns ()f e pan.graph of the Securi1y Insuument entitled, "Funds\Monthly Payments for Taxes and 1 surance" wl1J be in full force and effect. 13. A paragraph is added to Ihe Security lnstrum nt as follows: "FORCE PLACED INSURANCE. Unless therwise prohibited by applicable law, if Borrower d~ not pfovide Lender with evidence of insuran e coveraSe (for a.,ny type of insurance that is required by Lender), Lender JJlay purchase insurance at Borrower's expense to proeect Lender's intere,$(S in Borrower's Property. This insurance may, b t need nOf, protect Borrower's interests. The coverage that Lender purchases may not pay any claim char BOflower makes Dr any claim that is made against Borrower in connection with the Property. orrower may bter cancel any insurance purchased by Lender, but only after providing UDder w,)1 evidence that Borrower has obtained the req1Jired insurance. If Lender purchases \ns.ur~ {or e. Pt<)pett)', Bo.UQwet win \)e tespons\b\e f()t the costs of that insurance, incl1.lding the insurance pr mium, interest at the rate provided by lhe terms of the Note and any other charg.es that the Lend r or the jnsurer may impose in connection with the ?\ac.emen\ or t~e in~urance (for exampk, fee from the carrier for processing the force placed Insurance), unul the effective date of the can Hatton or expiration of che insurance. The costs of the insurance may be added to Borrower's to al outstanding balance and secured by wis Security Instrument. The costs may be more than th cost of insurance Ihat Borrower may be able to obtain directly because lender will be purchasing nS!1rancc urJder a general policy that does not consider BOlTOwer'$ individual insurance si/uarlon." MI}LTISTATc ADDI:NDUM TO IST/2ND FNMMFHl.MC SECURlT'i lNSTRUMI:NT GENSRlC (4f31J(IIIfJ . SHORT FORM HP401l1l'1lO.l/9I AMGOISlI.USM _,.,],,(4 '.\ 14. A paragraph is added to the Security Instrumen as follows: ~Verificationar revcrificationof the Property's aluationor any other information normally contained in an appraisal may be required as pan of Len er's ongoing quality can/Tol procedures. Borrower agrees to cooperate fully with Lender and/or its agenLS, successors or assigns in obtaining and completing a full appraisal in the fuwre.at Len er's sole oplion and expense. ~ , 15. If aD Adjustable Rate Rider is executed in ~~.unction with the Security Instrument, such rider is amended by: a) deleting the section entitled, II ansfer of the Properly or a Beneficial Interest in Borrower." and b) adding to the section entitl d, "Interest Rate and Monthly Payment Chan1:esll (D) "Limits 011 Interest Rate Changes," the ~ Howing language: ~My imerestIale will never be less than %." 16. If the Secunty lnstrument is assigned or transrc/red. allot a parnon of this Addendum may be voided at [he option of the assignee or transferee. A 'j terms and prOVisions of this Addendum whIch arc ~ided W:l;e ~: flhe secunty~: e.1. , : ~ I I I Borrow~r I BOrroW<:f Borrower Borrower MULTlSTATE ADDENDUM TO lSTI1ND FNMAlFHLMC SECURITY INSTRUMENT GENERIC {-(I301,)8) . SHORT FORM Hfol.4OJ41..&19l1 AMG015D.lJSM .~"{4 .> KNOW ,\LL MEN BY THESE PRESENTS OlD! EQUIT\' ONE INCORPORATED For cOl1sideratiDn paid, docs herehy :lssign, lransfer ;md selover un 0 ALLIANCE fllNllING a:MPANY, A DIVISIOO OF OR BANK, FSB Thl1tcertainmongatedeeddaled Novem\;:;er 29, 1999 From: Joey V. Sullenberger And Denise C. 481 Sample Bridge Road Enola, OOE Rl\I1LAND ROAD OR1\NGEBURG, NY 10962 To EQUITY ONE INCORPORATED (Loan l\nount $34, Township of Filed for record in the office oflh~ County Clerk of Cum1:erl County, PA. ,at o'clock m.,llnd recorded in Book: of Mortgages at pilge said county, logether with the note or nOles therein mentioned <lnd (III indebledness secured lhereby. Silver SPring , ,on tlie doyof of the records of DA lED lhis 6 day of t:ecember , 1999 M''''/ ~ ~/;ij) i ACKNOWLEDGE~ENT (For (ndividuals) STATE OF C01.l!\ty of )55. On/his d.ayof ,19 . before IlIe the undersigned. a Notary Public for said state, personally ilppcared perso ally known to me (or proved '0 me on lhe basis of satisfactory subscribed 10 Ihe foreg.oing instrument ilnd Sig",,",,~~ Michael Devine Name (typed or printed) evidence) co be the persons(s) whose name(s) :lcknowlcd~ed tlt:!l c:.;ccuted thc snme. wrTNESS my hand ;lIld offici<ll SC',ll. (Reserved for Official Seal) My Commission expires: ACKNOWLEDG~MENT (For Corpolotio"l STATE OF PENNSYLVANIA COlin C)' of BUCKS )55. On fhis 6 dayof December , [9 99 before me, the undersigned, a Notary Public for said state, persol1(1lly ;IPPc;lfcd APRJL fl. BIRNEY execuled the within instrument, ASSISTANT SECRETARY, EOUITY ONE fNCORPORA TGD ml/J Michael Devin~ whocxecutedlhewithinin rumenlas ManaO'er pcrsoll.l1!ykllol'llltome (OT p~oved \0 me on the b~sis of satisfactory evidencc :0 b the persons who executed the within instrument on behalf of Ihe corporation therein ntun~d, and acknowledged to n'C ch<'lc sllch orporation execU!cd the within instrumen.t pursuanc to its by. laws or i\ resolution of its bO:Jrd of directors. (Reservcd for Officin! Scal) ign~e ("uCLtUW "nU.flcj ) )(-(U7nLi. { Mar /..-:J Name (typed or printed) wrmESS my hand and official seal. My Ccn\il:ission expires: Notarial SNJ Ctl!llllla L Madel, NolaI)' PubliC Mlddl._ T~,.""",, Counlv My c:.omm:.lon ~. Jan. 2'1, ~OO;! . Mtin1Jer.~~alHI)J,,':" WE CERTIFY THE: a:x1PLETE: MAILING ADDRESS !\LLIANCE flJNDINC CO. em: RAMLAND FDA/) o RC NY 10962 . s: EXHIBIT 'B' i____ SECONDARY MORTGAGE LOAN This Agreemmt Is Subjttt To The Provisions or The Secondary Mortgage Loan Act. I NOTE NOVEMBER 29, 1999 MECHANICSBURG, PENNSYLVANIA Dale City 481 SAMPLE BRIDGE ROAD, ENOLA, PENNSYLVANIA 17025 IPrq,l1erly Atldfe~~l SUIte 1. nORROWER'S PROMISE TO PAY In return for a loan thal [ nave received, l promise to pay U.S, S 34, 600 . 00 (this amount will be called nprincipaln), plus interest. to the order of the Lender. ~e Lender is EQUITY ONE I INCORPORATED. A PENNSYLVANIA CORPORATION j . I understand that the Lender may tr~fer thi~ Note. *e Lennder or anyonen who takes this Note by trt\flsJer and whQ is entitleD 10 receive payments under thiS Note Will be callFd the Note Holder. 2, INTEREst I will pay interest at a yearly rate of 11.OOq %. IntereSI \viII be charged on unpaid principal untillbe full amount of principal has been paid. 3. PAYMENTS I wjjJ p,'y principal and interest by making paYmeit~ each month of U.S. $ 476.62 I witL make my payments on the 3rd d:\yof llch month beginning on JANUARY 3, 2000 . I will make these payments every month until t have p id all of the principal and interest and any other charges, described below. thllt I mllY owe under this NOle. If. on I DECEMBER 3. 2009 . I still owe amounts under Ihis NOle. I will pay all those amounts. in full, ~n that date. r wit! make my monthly payments at 4909 L UISE DRIVEl SUITE 106. MECHANICSBURG, PENNSYLVANIA 170 5 or at a different place if required hy the Note Holder. 4. BORROWER'S FAILURE TO PAY AS REQtED (A) Late Cha~e For Overdue Payments If the Note Holder has not received the fullllrnOU {of any of my montl11y payments by the end of 15 calendar dllYS after the date it is due, I will pay a 13te ch:lrge toithe Note Holder. The amount of the charge will be 10.00 % of my overdue payment, bur nolless Ihan U.S. $ 5 ~ 00 and not more than U.S. S 47.66 . I will pay this late charge only once on llny Illte payment. (8) Default If 1 do not pay the full amount of each monthly ~3yment by the date stated in Section 3 above. I will be in defaul!. Even if, at a time when J am in default. the Note "Holdtr does not require me to pay immediately in full as described below, the Note Holder will still have the right to do .~o if r 3frt in default at a later time. (C ) Notice From Note Holder : If r am in default, the Note Holder may send mq 11 wriUen notice telling me that if I do not pay the overdue amount by 3 certain date the Note Holder may require me 10 RllY immediately the full amount of principal which has not been paid and all !he inferes! lhat J owe on thllt lUllount. Thill datF must be at least 30 days after the date on which the nolice is mailed 10 me or, if it is not mailed, 30 days afler the date on~Whieh it is delivered to me. (D) Pnymcnt of Note Holder's Costs .and Exp nses If the blote Holder has required me to pay imme iately in full as described above. me, Note Holder will have the right to be paid back for all of its costs and expenses to the eXlent not prohibited by applicable law. Those expenses include, for example. reasonable attorneys' fees. ' , 5. TffiS NOTE SECURE)) BY A MORTGAGE! In addition to the protections given to the Note older under this Note, a Mortgage. dated NOVEMBER 29, 1999 protects the Note Holder rom possible losses which might result if I 00 not keep the promises which I make in Ihis Note. That Mortgage describes ow and under what conditions I may be required to make immediale p3yment in full of all amounts that I owe under thi~ otc. 6. BORROWER'S PAYMENTS BEFORE THE ARE DUE I have the right to make payments of principal II any time before they are due. A payment of principal only is known as a "prepaymenl." When I make a prepayment, I wi 1 tell the Note Holder in a letter that I am doing so. A prepaymenc of all of the unpaid principal is known as a "full prepay nt." A prepayment of only part of the unpaid principal is known as a "partial prepayment." 1 may make a ful1 prepayment Or a panial prepa ment without paying nny penalty. The Note Holder will use all of my prepayments to reduce the amount of princlpallhat 1 we under this Nole. If I make a panial prepayment. there will be no delays in the duc d:lles or changes in the amounts of y monthly payments unless the Note Holder agrees in writing to those delllYs or changes. I may make a full prepayment at tiny time. If I choose to make a partial prep~yment. the Note Holder may require me 10 make the prepayment on Ihe sam day that one of my monthly payments is dUe. The Note Holder may aim require Ihat the amount of my partial prepayme t be equal to the amount of principal that would have been part of my next one or more monthly payments. PENNSYL'IANJ.4 ..~ECOND MDRTG^GE - 11M. F7'IMA/FHLMC IFOIlM INSTRUMENT Ilrll1($1-~1'Jl 33893.1.1651 I'ol.lofl FQrmJ939 7, BORROWER'S WAIVERS I waive my rights to require the Note Holder to do ce in things. Those things are: (A) to demand payment of amounts due (known as "presentmenn: (B) to give notice that unts due have not been paid (known as "notice of dishonor"); (e) to obtain an official certification of nonpayment (known a a .protesn. Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments 10 the Note older if I fail 10 keep my promises under this Note, or who signs this Note to transfer it to someone else also waives {he e rights. These persons are known as "guarantors, sureties and endcrsers." 8. GIVING OF NOTtCES Any 1lDlke that must be given to me under this Noll: will he given by delivering. it or by mailing it by certified mail addressed to me at the Property Address above. A noticlt will he delivered or mailed to me at a different address jf J give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder 4I1der rlJrs Nore will be given by mailing il by certified mail to the Note Holder at the address stated in Section. 3 above. A: [)Otlce will be mailed to the Note Holder at a differenl address if I am given a notice of [hat differenl address. 9. RESPONSIBILITY OF PERSONS tINDER Tm~ NOTE If more than one person signs this Note, each of US! is fully and personally obligated to pay the full amount owed and to keep al\ of lht: promises made in this Note. Any guatantor, surety. or endorser of this Note (34 described in Section 7 above) is also obligated to do these things. The Note <<older may enforce its rights under mis Note against each of uS individually or against all Df us tDgelher. Thjs means [h~( any Dne Df us may be required 10 pay all of the amounts owed under this Note. Any person who (akes over my rights pt obligations under this Note will have all of my rights and must keep all of my promises made in this Note. Any person!Who takes over the rights or obligations of a guarantor, surety. or endorser of this N(ll~ (as described in Seclion 7 abovt:)5 also obligated 10 keep all of (he promises made in {his Note. NOTICEI TO BORROWER Do not sign this No~ if it contains blank spaces. All spaces should ~e completed heron: you sign. ~ ((1 V. SULLENBERGER (Sean Borrower (Seal) Borrower (Soap Borrower (Seal) Borrower (Soan BOfTOW~( (Seal) Borrower (Sign Original Only) PENNSYLVANIA . .~ECOND MO/l.TGAGt. I/RO - FNMAIFHLMC tlNlFORM INSTRUMENT IIl'mMR.41'l1 33893 .11651 P.~~~o Fo..... )~)~ ADDEND TO FNMA NOTE This ADDENDUM TO NOTE is made this 29 h day of NOVEMBER 29, 1999 , and is incorporated into and amends and supplements the N e, Adjustable Rale Note or Balloon Note of the same date. and any extensions and renew.ls of that Note given by the undersign d (~Borrower") to EQUITY ONE I INCORPORATED, A PENNSYLVANIA CORPORATION ("Lender")("Nole"). 2. In addition to the agreements made in the Note, Borrow r and Lender funher agree as follows: Balloon Payment Loan 0 If lhe box. above has been checked, !.he following pro isions are added to the Note: A. "THIS LOAN IS PAYABLE IN FIlLL AT MA IJRITY. YOU MUst REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTE ST THEN DUE. THE LENDER IS UNDER NO OBUG.\. nON TO REFINANCE THE LOAN AT THAT TI . YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT our OF OTHER ASSETS THAT YO MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WIIICH MAYBE THE LENDER YOU HAVE T IS LOAN WITII, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE TIllS LOAN AT MAT TY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED lTH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER." B. The "Payments" section of the Note is amended by djefing 'he first sentence and replacing it with the following language: "J will pay principal and interest by making payment every month. Each of my regular monthly payments, excepT for the final payment. will be in the amount of U.S. $ 'N/A . Assuming all scheduled payments of principal and intercst are made on their due dates, rh final payment will be U.S. $ N/A ..' [New York only: "The above specified final payme t consists of U.S. $ N/ A which will be principal and the balance will be interest. ") I , The section of the Nate eneitled, "Borrower's prorn~t to Pay," is amended by adding the following Janguage after me firsl sentence: "Any amounts owed under the Securi Instrument that is executed in conjunction with this Note are and shall be part of che debl obligation under this Note. ~ I. 3, If Ihe Note is a second mortgage Note, in the sectio of the Note entitled, "Interest." the language. if any, which states that interest will be charged "beginning on the date 0 this Note and continuing" is deleted and replaced with "on unpaid principal. ~ Further, a new senlence is added: "Th interest rate required by this Section 2 is the rate I will pay both before ancl after any defaull described in the .'iection f {hi.'i Note regarding "DefauJt. Il 4. If rhe Norc is an adjustable rate Note, the section 0 rhe Note entitled, "Interest," is amended by adding the following language at the end of the second sentence: "which, e cept for odd days' interesl, if any, will be applied to a 360 day year consisting' of 12 months with 30 days each. lnterest will be charged until the principal has been paid in fulL ~ 5. If the Note is an adjustable:: rate Note: a) the section 0 the Note entitled, "Payments" (A) "Time and Place of Payments,lI is amended by deleting the sentence which reads, "M monthly payments will be applied to interest before principal. " and replacing it with the following language: "Each of m regular monthly payments will be applied first to amounts due for any escrows for taxes and insurance under [hc Securi Insfrument, [hen to accrued and unpaid interest as if the paymenl is made on its due date. regardless of when the pa mem is acrua11y received and the remainder, if any, to the unpaid principal balance. Any lale charges, collection costs and expenses, dishonored check charges and payments made by the Note Holder to enforce this Note and/or to protect the Note Holder's interests under the Security Instrument will be assessed separatdy. This does not take into account ny payments for optional mortgage products that are charged fa my account." and b) the section of the Note entitled, Interest Rare and Monthly Payment Changes" (D) "Limits on Interest Rate Changes." is amended by adding the allowing language, "My interest rale will never be less than N/A %" . , 6. ff [he Note is a fixed rare Note. the s~tion of t Note entitled, "Time aod Place of Payments" or alternately "Payments, II is amended by deleting (if applicable) e sentence which reads, ~My monthly payments will be applied to interest before principal. .. and by adding the followi language before the sentence which contains the maturi~y date: "Each of my regular monthly payments will be appli first to amounts due for any escrows for taxes and insurance under th7 S:curity Instrument, [hen to accrued and unpaid i terest to the d:ue of payment and the remainder, if any, to the unpaid prmtlpal balance. Any late cbarges, collection costs and expenses, dishonored check charges and payments made by the Note Holder to enforce mis Note and/or to protect [he Note Holder's interests under the Security Instrument will be assessed ~epara(ely. This does not fake inco accounr ny payments for oprional mortgage produces that are charged to my account. ~ 7. A. The section of the Note entitled. "Borrower's gbt to Prepay" or alterrunely "Borrower's Payments lJerore They Are Due," is amended by: a) adding to [he end f the first sentence the following language, ". but the Note Holder may apply any tendered payments first to any a ounts then due and owing under this Note or under the Security Instrument. ": b~ deleling the sentence Which stat s, ~The Note Holder win use all of my prepayments to reduce the amount .ofpflnclpal that r owe under this Note. OJ; nd c) adding after the final sentence the following language. "Except as pro"ld~d In the "Loan Charges~ section (if a y) or otherwise provided by applicable law, the Note Holder earns any prepaId finance charge at the lime the loall s made and no part of it will be refunded if I pay in full .mead of ~chedule. " MUlTlH~T~ AODENDUM TO 1~..TtlND FNM"'FI1L.\KNl1f~(5'~I'I") (;F.NF.R!C Ilr"'(>ll'.""'1ll r'1<lofl ...7IITOJI....tJIM B. If a prepayment charge is contracted in connection wi h this loan, the section of the Note entitled, "Loan Charges" (if any) is amended by adding ID the end of the final sentence the following language, "without any prepayment charge." 8. In the State of Arizona, a provision is added to the Noteias follows: .. "Contracted for Rate of Interest, 1 agree (0 pay an effe/:tive contracted for rate of interesl equal to the mterest rate as provided in this Note and the additional interest resulling from ~y Additional Sums. The Additional Sums shall consist of all fees, charges, goods, things in action or olher sums or things bf value (other than interest as provided in this No<<:) paid or p~yable by me, whether pursuant to Ihis Note, the Security Inslf'/lrnent securing this Note or any other document ~r instrument In :m~ way pertaining to this loan, that may be deen,ed to be in~rest for the purpose of ~! law of the State of Anzona that ma~ ~I[1lIt the maximum amount of interest to be charged with n:spqctlO this loan. The Additional Sums shaft be deemed to be addlllonal inltresl for the purpose!; of any such law only." The section of the Note entitled, "Late Charge for OV~due Payments," is amended by replacing the word .overdue" in the second sentence with the word .scheduled" except in the States of Colorado. Delaware, Idaho. Massachusetts. North Carolina. Rhode Island (if secured by a secondary lien), Utah and isconsin in which the word "overdueft shall be replaced with "unpaid amount of the. ft If Ihe Note is a fixed rate. Note: a~ter t e tinal sentence add the ~oJ\owi~g language, ft Any lale charge will be in addition to interest on the then olllstandmg prmctpal r each day the payment IS late. I 10. The sections of the Note entitled, "Notice of DetaU/("~d "Uniform Note,tI are amended by changing the notice of default or acceleration to be at least 60 days if the loan is secured y a secondary lien On real property in the Slate of Connecticut and at least 35 days if the loan is secured by a lien on real p erty in the State of Oklahoma. 11. If this is an adjustable rate Note. then the sUbparagraJh entitled, "Transfer of the Property or a Beneficial Interest in Borrower," is amended by deleting lhe provisions rela;~ng {O a~sumption oflhe loan. 12. Excep( for 'he State of Kentucky, the sectionaf the NOlel'enrilJed. "Payment of Note Holder's Costs and Expenses," is deleted in its entirety and is replaced by Ihe following language "If I defaull, whether or not the Note Holder has requ~. ed me to pay irrunedialely in full as described above, the Note Holder will have the right to be paid back by me for all of its Sts and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example. r asonable attorneys' fees, collection costs and expenses, servicing fees, and dishonored check charges to the fullest extent not p ohibited by applicable Jaw. ~ 13. En fhe Slate of Kellwcky, (he SetljOIl of the Note entitle. "Payment of Note Holder's Costs and Expenses," is deleted in its entirety and replaced by the following language: "If I default, whether or not the Note Holder has requi ed me to pay immediately in fun as described above, the Note Holder will have the right 10 be paid back by me for all of its c Sls and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, asonable attorneys' fees not in excess of fifteen percent (15%) of the unpaid balance of the loan paid to an attorney not a sal ried employee af the Note Holder. J will also ptJy tJ reasomble charge for each dishonored ,heck, draft or other instrument is ued by me in payment on this -loan." 9. 14. The section of the NOle entitled, "ObligalionslRes sibility of Persons Under This Note,'! is amended by adding the following language 10 the end of the first sentence: "plus the charges as described in the sections entitled, tlL Ie Charges for Overdue PaymentsU and "Payment of Note Holder's Costs and Expenses." In Idaho, Maryland, South D Ota. Texas and Utah, in addition to charges specified elsewhere in this Note, in the Securiry lnsuumenr given fO secure this N re, or in any other agreement in connection with this Note, I agree to pay the following if charged in connection with this 10 n: the Lender's attomeys'/c1osing agents' fees for services rendered in connection with the preparation, closing, and disburs ent of the loan; any expense. tax or charge paid to a governmental agency; e~amination of tide, appraisal or costs necess ry or appropriate to the security of the loan; premiums for credit life, credit accident and health, credit disability, lnvoluma unemploymen! benefit and similar insurance coverages but only if the insurance is optional with me; premiums for propeny i surance and title insurance from an insurer of my Choice; deferral fees: refinancing charges; points; flood certification fees; and any other charges, but not including any fees or charges for any services for which I may not be charged under {he Truth in Le ing Act, rhe Real Estate Settlement Procedures Act or any other stalute or regulation. " 15. In the Stale of Virginia, lhe first sentence in the section of the Note (Form 3200, 3260 or 3520) entitled, "Waivers," is deleted and amended to read as follows: "r and any other person who has obfigations under this Note waive the rights of presentment and norice of dishonor and waive the homestead exemption. ft 16. In the Ohio (Form 3936) and Massachusetts (Form 392 ) Second Mortgage Notes. the tinal two sentences of the section entitled, Borrower's Payments Before They Are Due." are deted. 17.A. 1n the State of New York. if the loan is a Balloon ayment Loan then a new section is added to the Note as follows: "NOnCE OF MATIJRITY I will receive a notice of maturity nolless I an ninety (90) days nor more than one hundred twenty (120) days prior 10 che maturity of the loan. THE TERM OF THE LOAN IS 10 REPAY THE ENTIRE PRJNCJPAL BA 10 VEARS FROM THE DATE 0 YEARS, AS A RESULT, YOU WILL BE REQUIRED TO ANCE AND ANY ACCRUED INTEREST THEN OWING WInCH THE LOAN PROCEEDS ARE DISBURSED. MlJLTln,HEAOOENDUMTO ISTI1ND f'N/>fAn:HLMC NOTE 1.1/11M<) GENERic IrN..Oll9.6"," ANTOJIAUSM r",.l"'l THE LENDER HAS NO OBLIGATION TO THEREFORE, YOU MAYBE REQUIRED T YOU MAY HAVE TO FIND ANOTIIER LE I1NANCE THIS LOAN AT TIlE END OF ITS TERM. REPAY TIll! LOAN OUT OF ASSETS YOU OWN OR ER WILLING TO REFINANCE THE LOAN. ASSUMING TIllS LENDER OR ANOTHER ENDER REIi1NANCES THIS LOAN AT MATURITY, YOU WILL PROBABLY BE CHARGED INT REST AT MARKET RATES PREVAILING AT THAT TIME AND SUCH RATES MAY BE illGHER THAN THE INTEREST RATE PAID ON TInS LOAN. YOU MAY ALSO HAVE TO PAY SOME lOR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW MORTGAGE ~OAN." B. In the State of New York, if (he Security lnslrumtnt which secures Ihe Note is a second or junior priority Security Instrument then the following notice applies and li new provision is added as follows: "DEFAULT IN THE PAYMENT OF THIS LOAN AGREEMENT MAY RESULT IN THE LOSS OF THE PROPERTY SECURING THE LOAN'i!R FEDERAL LAW, YOU MAY HAVE THE RIGHT TO CANCEL TillS AGREEMENT. IF YOU H VE TillS RIGHT, THE CREDITOR IS REQUIRED TO PROVIDE VOU WITH A SEPARATE NOTICE SPECIFYING THE CIRCUMSTANCES AND TIMES UNDER WInCH YOU CAN EXERCISE TillS RIGHT." 18. A provision is added to the NOle as follows: "ADDITIONAL SERVICING FEES: In addiriO~. 10 charges specified elsewhere in this Note, in the Security Instrument given La secure this Note. or in any oth r agreement in connection with this Note. 1 agn~eto pay, to the fullest extent not prohibiled by applicable law, the fo lowing if charged in connection with this loan: any fees imposed by the Lender's discharge or satisfaction of lien(s) ~whether upon paymenl in fun. acceleration or marurily); payoff quotes/charges; delivery charges; inspection fees and/or payment hiStory charges." 19. A provision is added to the Note as follows: ; A. "APPLlCABLE LA W. This Note shaH be governt by feaera1law and, to the ex.tent not inconsistent with or more restrictive than feaerallaw or regulation governing th Lender, the laws of the jurisdiction in which the property defined in the Securi[y Instrument as the "Propeny" is local a. In the event of a connict between any provision of this Note and any such law or regulation in effect as of the a .Ie of this NOle, such law or regulation shall control 10 the extent of such contlict and the conflicling provision containtd in this Note shall be without effect. All other provisions of this NOle will remain fully effective and enforceable. ~ B. In the States of Maryland, Minneso/.a and Ohio.a prpvision is added to the Note as follows: Maryland: The Lender elects to make first mortgage loans under Md. Com. Law Code Ann. title 12. subtitle I and the Lender eJecls to make second mortgage loans u~er Md. Com. Law Code Ann. title 12, subtitle 10. Minnesota: If one of the ~xes belo~ .is checked, ~~e Lender is eXlendinJ...credit and the interest rate on this Note is char~ pursuant to the specified provISIon of the /v1innesota Statutes: U Sections47.2Dand47.204 0 Cha.pler 56 U Other: Section i . SpcfjfySmil:;>n , Ohio: If lhis is a first mortgage loan, such loan lis made pursuant to section 1343 of the Ohio Revised Code as preempted by the usury provisions of Public Law 9~-221. and the terms of this loan are not subject to any provisions of the Ohio Mortgage Loan Act. 20. If the Note is secured by II second or junior lien tjln real property located in lhe State of Jowa. !hen the foHowing provision applies: ; Unless othenvise preempled by .appH~ble feder~l or other law, the attorneys' fees provision in the section entitled ~Payment of Nole Holder's Costs Rnd Expen$;es" is deleted in its entirety. ' 21. If t.he Note is assigned or transferred. all or a porrkn of lhis Addendum to Note may be voided at the option of me assignee or transferee. Any terms and provisiom of the Addendum to Note which are voided will be governed by the original terms and provisions of the Note. BY SfGNlNG BELOW. Borrower accepts and agrerS 10 the If.''nnsand provisions contained in this Addendum to Note. I (Seal Borrowe ~~ ) (Seal) Borrower (Seal Borrowe (8<.1) Borrower (Seal Borrowe (Seal) Borrower MUlTln...TE ADDENDUM TU lST!lM> FNMj,lF>>lMC NDTE !5iIm) OENERI(': 1\r~O}.l~.I.I9B i p",dolJ ...NT031....USM 'NAME Jcey V. SuIle ger And Denise C. sullenberger Enolo, PA 17025 LOAN AMOUNT 481 Sample Bri!1ge Road $34,600.00 November 29, ,1999 ADDRESS DATE CLOSED EQUITY ONE INCORPORATED HEREBYtASSIGNS THIS . NOTE"TO ALLIANCE COMPANY, A DIVISION OF SUPERIO BANK, FSB WITHOUT RECOURSE. ~. , . U r . A p~f. li {fzEe'SIGNATURE J 'APR!L..P. BIRNEY . 'l\SSISTANr' SECRErARY .. TITLE FUNDING ALLONGE ALLONGE DATED DECEMBER 9th, 1999 ATTACHED TO AND MADE A PART OF THE NOTE MADE BY JOEY B. SULLENBERGER AND DENISE C, SULLENBERGER IN FAVOR OF EQUITY O~E, INCORPORATED AND DATED NOVEMBER !29th , 1999 I IN THE ORIGINAL PRINCIPAL AMOUNT OF $ 34,600;00 PAY TO THE ORDER OF WITHOUT RECOURSE Alliance Funding, a Division of Superior Ban~ FSB BY: J, A. SORICELLI VICE PRESIDENT ALLONGE (ASSIGNMENT OF NOTE} - 1/3097 LOAN NUMBER;0802793877 AJTM ASG021A.USM B)(1:l1B 1'1' 'C' :MC lortgage :orporation May 04, 2005 '000290149i' Denise C. Sullenberger 48 I Sample Elridge Rd Enola, PA I7b25-0000 I I i ! ACT 91 NOTICE T F KE ACTION TO SAVE YOUR HOME OM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided i the attached pages. IMPORTANT INFORMATION CONCE ING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assist nce Program (HEMAP) may be able to help to save your home. This notice explains how the program works. , I To see ifHEMAP can hel ou ou must MEE WITH A CONSUMER CRE IT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with au hen au meet with the counselin a enc . The name address and hone number of C ns mer Credit Counselin A encies servin our coun are listed at the end of this Notice. If au have an uestions au ma call the Peons Iv ia Housin Finance A eoe toll free at J-800- 42-2397 ersons with im aired hearin can call 717-780-1869). This Notice contains important legal informati n. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to co tact an attorney in your area. The local bar association may be able to help you find a Ja\ol0'er. La Notificaion en adjunto es de suma importan ia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende eI contenido de esta notificion obtenga una traducdon immediata ente lIamando esta agenda (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para u prestamo por el programa lIamado "Homeowners' Emergency Mortgage Assistance Program" aJ cual puede salvar su casa de la perdida del dere ho a redimir su hipoteca. HOMEOWNER'S PROPERTY Denise C. Sullenberger 481 Sample Bridge Rd Enola, PAl 7025 0007426919 EMC Mortgage Corporation LOAN ACCOUNT CURRENT You ma be eli ibIe for financial assist ce which can save our home tram foreclosure and hel au make future mort a e pavments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may he eligible for emergency mortgage assista ce: If your default has been caused by circunjlstances 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. Page two 0007426919 TEMPORARY STAY OF FORECLOSUR - Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days trom the date f this Notice. Dudng that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counse ing agencies listed at the end of this Notice. This meeting must occur within the next thirtv 130\ davs. IF YOU DO NOT APPl Y FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PAR1 OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORfrGAGE UP TO DATE. CONSUMER CREDIT COUNSELING A ENCIES - If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this otice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names addresses and tele hone numbers of desi nated consumer counselin a encies for the coun in which our ro e is located are set forth t the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediatelv of you intentions. APPLICATION FOR MORTGAGE ASSIS ANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information ab ut 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 tram the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign nd file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling age cies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will sist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed r postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLlCATIO PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH N THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICAT ON FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for mergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. uring that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth ab ve. 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 NOT CE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO OLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DE AUL T Brin it u to date: , NATURE OF THE DEF AUL T - The MtTGAGE debt held by the above lender on your property located at Sample Bridge Rd Enola, PA 17025 IS SE OUSL Y IN DEF AUL T because: YOU HAVE NOT MADE MONTHLY M RTGAGE PAYMENTS for the following months and the folJowing amounts are now past due: 481 (a) Monthly payments tro 03/0312005: (b) Late chargee s) : (c) Other chargers): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 05/03/2005: $1,429.86 $619.60 $118.30 $.00 $2,167.76 YOU HA VE FAILED TO TAKE THE FO LOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You m y cure this default within THIRTY (30) days tram the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO ENDER, WHICH IS $2,167.76, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH B COME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified ch ck, or money order made payable to EMC Mortgage Corporation at PO BOX 660530, DALLAS, TX 75266-0530. Page three 0007426919 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 ri ht to accelerate t e mort a 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 THIR Y (30) days of the letter date, EMC Mortgage Corporation also intends to instruct their attorneys to start a legal action to foreclose on our mort a ed ro e IF THE MORTGAGE IS FORECLOSED PON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. Ifthe lender refers your case to its attomeys but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees a tually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's ~ es 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 Iso include their reasonable costs. Ifvou cure the default within the THIRTY (30) DAY eriod au will not be re uired to a atta e s' fees. ; OTHER LENDER REMEDIES - The lendtr may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. i RIGHT TO CURE THE DEFAULT PRIO TO SHERIFF'S SALE -If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have be un, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may 0 so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs conne ted with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by p forming any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mo gage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SAL DATE - It is estimated that the earliest date that such sheriffs sale could be held is would be approximately five (5) months tr m 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 amoun needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or ction will be by contacting the lender. Name of Lender: Address: L HOW TO CONTACT THE LENDER Er,C Mortgage Corporation rac Arthur Ridge II, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 d888-609-2379 I Telephone Number: EFFECT OF SHERIFF'S SALE - You shduld realize that a sheriff's sale would end your ownership of the mortgaged property and your right to occupy it. If you continue to ive in the property after the sheriff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the Ie der at any time. ASSUMPTION OF MORTGAGE - You ay not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding pa ments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are sati fied. YOU MA Y ALSO HAVE THE RIGHT . To sell the property to obtain mo ey to payoff the mortgage debt, or borrower money tram another lending institution to payoff this debt. . To have this default cured by any hird party acting on your behalf. . To have the mortgage restored t the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a c Iendar year). . To assert the nonexistence of a efault in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. . To assert any other defense you b lieve you may have to such action by the lender. . To seek protection under the fede aI bankruptcy law, Page four 0007426919 EMC Mortgage Corporation is attempting to ollecl a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you re eive this letter to dispute the validity of this debt or any part of it. Unless you dispute the deht within that 30 day period, e will assume that it is valid. If you notify us in writing at the address above within the thirty day period that the debt, or a y portion thereof, is disputed, we will: a) Provide to you verification of the debt or a opy of any judgment entered against you. b) Provide to you the name and address of yo r original creditor, if the original creditor is different from the current creditor. Sincerely, EMC Mortgage Corporation Mac Arthur Ridge II, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 MAlLIN ADDRESS: P.O. Box 141358, Irving, Texas 75014-1358 EMC Mortgage Corporation May 04, 2005 I '00029014~1' i Joey V. SUlenberger 48 I Sampl Bridge Rd Enola, P A 7025-0000 ACT 91 NOTICE F AKE ACTION TO SA VE YOUR HOME OM FORECLOSURE This is an official notice that the mortgag about the nature of the default is provided i on your home is in default, and the lender intends to foreclose. Specific information the attached pages. IMPORTANT INFORMATION CONCE NING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assis ance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can he! ou au must MEE WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with au hen au meet with the counselin a enc . The name address and hone number of Con umer Credit Counselin A encies servin our count are listed at the end of this Notice. If ou have an uestions ou ma call the Penns Iv ia Housin Finance A enc toll free at 1-800-342-2397 ersons with im aired hearin can call 717-780-1869). This Notice contains important legal informati n. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to co tact 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 importan ia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediata ente Ilamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para u prestamo por eI programa lIamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del dere ho a redimir su hipoteca. HOMEOWNER'S PROPERTY Joey V. Sullenberger 481 Sample Bridge Rd Enola, PAl 7025 0007426919 EMC Mortgage Corporation LOAN ACCOUNT CURRENT You ma be eli ible for financial assista ce which can save our home tram foreclosure and hel au make future mort a e pavments if you comply with the provision fthe Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"), You may be eligible for emergency mortgage assista ce: If your default has been caused by circum~tances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments and if you meet other e igibility requirements established by the Pennsylvania Housing Finance Agency. Page two 0007426919 TEMPORARY STAY OF FORECLOSU - Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days tram the dat of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer coun eling agencies listed at the end of this Notice. This meeting must occur within the next thi 30 da s. IF YOU DO NOT AP LY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PA T OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR M RTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING GENCIES - If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end ofthi Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names address s and tele hone numbers of desi n3ted consumer counselin a encies for the coun in which our ro e is located are set fort at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediatelv ofy ur 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 a out the nature of your default), If you have tried and are unable to resolve this problem with the lender, you have the right to app1 for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sig and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling ag ncies listed at the end of this Notice, Only consumer credit counseling agencies have applications for the program and they wi! 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 APPLICATI N 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 IMMEDIA TEL Y AND YOUR APPLICA ION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established b the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. uring that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth ab ve. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTL FOLLOWING PART OF THIS NO CONSIDERED AS AN ATTEMPT TO Emergency Mortgage Assistance) PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE OLLECT THE DEBT. (If you have filed bankruptcy you can still apply for HOW TO CURE YOUR MORTGAGE D (a) Monthly payments tr m 03/0312005: (b) Late chargee s) : (c) Other chargers): NS & Advances (d) Less: Credit Balance (e) Total amount require NATURE OF THE DEFAULT The M RTGAGE debt held by the above lender on your property located at Sample Bridge Rd Enola, PA 17025 IS SE OUSL Y IN DEFAULT because: 481 YOU HAVE NOT MADE MONTHLY ORTGAGE PAYMENTS for the following months and the following amounts are now past due: $1,429.86 $619.60 $118.30 $.00 $2,167.76 YOU HAVE FAILED TO TAKE THE FO LOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You m y cure this default within THIRTY (30) days tram the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO ENDER, WHICH IS $2,167.76, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH B COME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified ch ck, or money order made payable to EMC Mortgage Corporation at PO BOX 660530, DALLAS, TX 75266-0530. Page three 0007426919 IF YOU DO NOT CURE THE DEFAU T - If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its ri ht to accelerate the mort a e debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you m y lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THI TY (30) days of the letter date, EMC Mortgage Corporation also intends to instruct their attorneys to start a legal action to foreclos u on our mort a ed ro e IF THE MORTGAGE IS FORECLOSE UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorne s, 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, if legal 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 ma also include their reasonable costs. Ifvou cure the default within the THIRTY (0) DAY eriod au will not be re uired to a att rne s' fees. OTHER LENDER REMEDIES - The len er may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRI R TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have egun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs co cted with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by erforming any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your m rtgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SA E DATE - It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) months m 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 amou t needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or ction will be by contacting the lender. Name of Lender: Address: HOW TO CONTACT THE LENDER MC Mortgage Corporation ac Arthur Ridge II, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 Telephone Number: I 888-609-2379 EFFECT OF SHERIFF'S SALE - You sh uld realize that a sheriffs sale would end your ownership of the mortgaged property and your right to occupy it. If you continue to ive in the property after the sheriffs sale, a lawsuit to remove you and your furniture and other belongings could be started by the Ie der at any time. ASSUMPTION OF MORTGAGE - You ay not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding pa ents, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are sati fied. YOU MAY ALSO HAVE THE RIGHT . To sell the property to obtain mo ey to payoff the mortgage debt, or borrower money tram another lending institution to payoff this debt. . To have this default cured by any hird party acting on your behalf. . To have the mortgage restored to the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a ca endar year). . To assert the nonexistence of a d fault in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. . To assert any other defense you be ieve you may have to such action by the lender. . To seek protection under the feder I bankruptcy law. Page four 0007426919 EMC Mortgage Corporation is attempting to collect a debt, and any information ohtained 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. Unless you dispute the debt within that 30 day period we will assume that it is valid. If you notify us in writing at the address above within the thirty day period that the debt, 0 any portion thereof, is disputed, we will: a) Provide to you verification of the debt 0 a copy of any judgment entered against you. h) Provide to you the name and address of our original creditor, if the original creditor is different from the current creditor. Sincerely, EMC Mortgage Corporation Mac Arthur idge II, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 MAlLIN ADDRESS: P,O. Box 141358, Irving, Texas 75014-1358 VERIFICATION The und rsigned hereby states that the statements made in the foregoing pleading are true and co ect to the best of hislher knowledge, information and belief. The undersigned understan that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, re ating to unsworn falsifi EMC 0 ~ GA FOR LASALLE ANK NATIONAL ASSOCIATION (ASSIGNEE) F/KJA LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED DECEMBER 1, 1999 AMONG AFC TRUST SERIES 1999-4 Exhibit "D" Prepared by: Diane G. Radcliff, Esquire Supreme Court 10 # 32112 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737 -0100 Attorney for Defendant Denise C. Sullenberger en h';j ..;;..'" pi Y (;, Ii. (I \..; - LJ l! t~ I.J f ~')V IN THE COURT F COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EMC MORTGAGE CORPORATI N ATTORNEY-IN-FACT FOR LAS LLE BANK NATIONAL ASSOCIATION (ASS GNEE) F / K/ A LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTU E TRUSTEE UNDER THAT CERT IN SALE AND SERVICING AGREEMENT ATED DECEMBER 1, 1999 AMONG A C TRUST SERIES 1999-4 AND ANY AME DMENTS THERETO 909 HIDDEN RIDGE D_RIVE, SUITE 200 IRVING, TEXAS 75038 ~) !"'~' o -n =-..::! I:~-::~ NO. 05-45761 CIVIL TERM '" !_-=:l ;~) .,--' ~::j .J.-) ,n 1..;~.' '- __.J -< Plaintiff v. COMPLAINT IN MORTGAGE FORECLOSURE JOEY V. SULLENBERGER DENISE C. SULLENBERGER 481 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Defendants NOTICE TO PLEAD TO: Plaintiff, EMC Mortgag Corporation, Attorney-in-Fact for Lasalle Bank, Na(assignee) c/o Gregory Javardian Esquire 1310 Industrial Blvd., 1't Floor, Suite 101 Southampton, PA 1896 You are hereby notified to fil a written response to the endorsed New Matter within 20 days from service hereof or a judgment may be entered against you. r.' ....------..... _ _.i \C;C-~~ -'\/ ( '-------- '---" - --. - l ~ RADCLIFF, ESQLJIRE\ //~Attorney 19J Defendant, Denise C. Sullenberger - --..._-~--~-~- IN THE COURT F COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EMC MORTGAGE CORPOR TION ATTORNEY-IN-FACT FOR SALLE BANK NATIONAL ASSOCIATION ( SSIGNEE) F/K/A LASALLE NATIONA BANK, IN ITS CAPACITY AS INDE TURE TRUSTEE UNDER THAT CE TAIN SALE AND SERVICING AGREEME T DATED DECEMBER 1, 1999 AMON AFC TRUST SERCIES 1999-4 AND ANY ENDMENTS THERETO 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TEXAS 75038 NO. 05-45761 CIVIL TERM Plain iff v. COMPLAINT IN MORTGAGE FORECLOSURE JOEY V. SULLENBERGER DENISE C. SULLENBERGER 481 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Defendants ANSWER ITH NEW MATTER TO PLAINTIFF'S COMPLAINT IN MORTGAGE FORECLOSURE Defendant, Denise C. Sul enberger, by her attorney, Diane G. Radcliff, Esquire, files this Answer with New Matter 0 Plaintiff's Complaint in Mortgage Foreclosure as follows: ANSWER 1. Admitted. Defen ant Denise C. Sullenberger admits the information set forth in Paragraph 1 of Plai tiff's Complaint pertaining to the identity and address of Plaintiff. 2. Admitted in part a d denied in part. It is admitted that Defendant Joey V. Sullenberger resides at 481 Sa pie Bridge Road, Enola, PA 17025. It is denied that Denise C. Sullenberger resid sat 481 Sample Bridge Road, Enola, PA 17025. On the contrary, it is averred that De endant Denise C. Sullenberger resides at 1127 Sandpiper Court, Mechanicsburg, PA 17050. 3. Admitted. Defen ant Denise C. Sullenberger admits the information set forth in Paragraph 3 of Plai tiff's Complaint pertaining to the purpose of this action, the date and place of rec rd of the Mortgage, and the date and place of record of the assignment of the ortgage. 4. Admitted. Defen ant Denise C. Sullenberger admits the information set forth in Paragraph 4 of Plai tiff's Complaint pertaining to the Note. 5. Admitted. Defen ant Denise C. Sullenberger admits the information set forth in Paragraph 5 of Plai tiff's Complaint pertaining to the description of the land subject to the Mortgage. 6. Admitted. Defen ant Denise C. Sullenberger admits the information set forth in Paragraph 6 of Plaintiff's Complaint pertaining to the Defendant's being the record owners of the mor gaged property. 7. Denied. Defendan Denise C. Sullenberger is without knowledge or information as to the truth or falsity of the averments set forth in Paragraph 7 of Plaintiff's Complaint pertaining to the d fault and the balance due under the mortgage, and said averments are, therefore, de ied. Defendant demands proof thereof at the trial. 8. Denied. Defendan Denise C. Sullenberger is without knowledge or information as to the truth or falsity of the averment set forth in Paragraph 8 of Plaintiff's Complaint pertaining to attorneys fees, and said averment is, therefore, denied. Defendant demands proof the eof at the trial. 9. Admitted. Defen ant Denise C. Sullenberger admits the information set forth in Paragraph 9 of Pia ntiff's Complaint pertaining to the requirements of Act 6 and Act 91 Notices. 10. Denied. Defendan Denise C. Sullenberger is without knowledge or information as to the truth or falsity of the averment set forth in Paragraph 10 of Plaintiff's Complaint, and said averment s, therefore, denied. Defendant demands proof thereof at the trial. By way of further A swer it is averred that Plaintiff did not mail the required Act 6 and Act 91 Notices to efendant Denise C. Sullenberger at her forgoing address, and she never received suc Notices. NEW MATTER 11. Defendant Denise . Sullenberger incorporates by reference the Answers set forth in Paragraphs 1 thou h 10 herein the same as if fully set forth at length. 12. Pennsylvania law r quires that a mortgagee provide the defaulting mortgagor with the following two noti es as a prerequisite the filing of a mortgage foreclosure action: a. Notice of In ention to Foreclose ("Act 6 Notice") pursuant to the requirements of 41 P.5. 5 ction 403; b. Notice of omeowners' Emergency Mortgage Assistance ("Act 91 Notice") pursuant to he requirements of 35 P.S. Section 1680.403c. 13. Plaintiff did not pr vide Defendant Denise C. Sullenberger with either the Act 6 Notice or the Act 91 Notic . 14. Defendant Denise . Sullenberger and Defendant Joey V. Sullenberger are husband and wife. 15. The Note and Mortgage referenced in Plaintiff's Complaint arose out of a loan taken out as a business loan or a business owned solely by the Defendant Joey V. Sullenberger, .~ although the parti s' prior marital home located at 481 Sample Bridge Road, Enola, PA 17025 was used as ollateral for said loan, it being the mortgaged premises. 16. Defendant Denise . Sullenberger and Defendant Joey V. Sullenberger separated on or about November 1 ,2003. 17. Until receipt of th Complaint filed in this mortgage foreclosure action, Defendant Denise C. Sullenbe ger believed Defendant Joey V. Sullenberger had been paying this aforesaid loan. 18. Defendant Denise . Sullenberger is the Plaintiff and Defendant Joey V. Sullenberger is the Defendant in a pending Cumberland County Divorce Action docketed as follows: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE C. SULLENB RGER, Plaintiff NO. 03-6180 CIVIL v. CIVIL ACTION - LAW JOEY VINCENT SUL ENBERGER, Defendant DIVORCE 19. In the Divorce Complaint filed in that action, Defendant Denise C. Sullenberger filed a claim for equitable distribution of marital property. 20. Defendant Denise . Sullenberger has not been able to secure a determination of her equitable distribu ion claim since Defendant Joey V. Sullenberger has refused to consent to the divorce and the parties will not have been been separated for a period of two years until ovember 15, 2005 at which time she will be entitled to have the Court determine h r equitable distribution claim. 21. The mortgaged pro erty located at 481 Sample Bridge Road, Enola, PA 17025 is marital property subject t the following equitable distribution claim. .1 22. 23. 24. 25. 26. Plaintiff had actua or constructive notice of the pendency of the aforesaid divorce action at the time f the filing of the this action. Defendant Denise ~. Sullenberger's equitable distribution rights to the mortgaged property would be Isubstantially impaired if Plaintiff is allowed to proceed with this , I actIOn. I Pennsylvania law p rmits the stay of this foreclosure action during the pendency of the equitable distribut on claim. A stay of these pro eedings is necessary to protect Defendant Denise C. Sullenberger's equitable distribut on rights in the mortgaged premises. Concurrently here ith Defendant Denise C. Sullenberger is filing a Petition for Special Relief in the afore aid divorce action seeking to compel the sale of the mortgaged property which sal is required as a result of Defendant Joey V. Sullenberger's default of the payments re uired under the Mortgage. A true and correct copy of said Petition is attached hereto,1 marked Defendant's Exhibit "A" and made a part hereof. Wherefore, Defendant De ise C. Sullenberger requests this Honorable Court to deny Plaintiff's request for judgment in mortgage foreclosure for the sale of the mortgaged property as requested in Plaintiff's Complaint and to grant a stay of these proceedings pending determination of her equjtable distribution claim. Respectfully submitted, '------... " , I i \ '------- ", on 'A , . RA'tfCLlFF, ESQUIRE\ " 3'i48.Irjf1_c!!~~ad Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Defendant, Denise C. Sullenberger i r ! t; VERIFICATION I verify that the sta ements made in the foregoing Answer with New Matter are true and correct. I understand th t false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, rel ting to unsworn falsification to authorities. , , ! , \ I /f;"".l y.\, / Lci~ 0ENISE t. SlJtLENBERGER "-. ; I '\ , _..~--~/ / / cJ //3'/ /J(-- ~,-,_.~.., /J / L, ! j // 'U' . . ./ Date: h CERTIFICATE OF SERVICE I, DIANE G. RADC IFF, ESQUIRE, hereby certify that on , I served a true and corre t copy of the foregoing Answer with New Matter to Plaintiff's Complaint upon Plaintiff s Attorney, by mailing same by first class mail, postage prepaid, addressed as follows: Gregory Javardian, Esquire 1310 Industrial Blvd. 1 st Floor, Suite 101 Southampton, PA 18966 ~-~ ~ ~ ;d'0~/! ( ./-f)jANE-6:-RAD~L1FF, ESQUIRE \"..J.148 Trjndle-Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 PE ITIONER'S EXHIBIT" A" MORTGA E FORECLOSURE COMPLAINT - 8 - Prepared by: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff, Denise . Sullenberger IN THE COURT OF OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE C. SULLENBERGER, F laintiff NO. 03-6180 CIVIL CIVIL ACTION - LAW v. DIVORCE JOEY VINCENT SULLENBERGER, [ efendant Emergency /Special Relief Petition RULE AND NOW, this day of , 2005, upon consideration of the within Petition, IT IS HEREBY ORDERED that a Rule is issued upon the Respondent, Joey Vincent Sullenberger, to shcw cause why the relief requested in the within Petition should not be granted. The Rule is returnab e at a hearing to be held in this Petition scheduled on the _ day of , 20_ at o'clock .m. in Courtroom of the Cumberland County Courth use, Carlisle, Pennsylvania. The parties shall app ar at that date and time and give testimony and argument on the issues raised in the within Fetition. BY THE COURT: JUDGE Distribution to: Attorney for Plaintiff: Diane G. R dcliff, Esq., 3448 Trindle Road, Camp Hill, PA 17011 Attorney for Defendant: Jeanne . Costopoulos, Esq., Box 779, Mechanicsburg, PA 17055 , IN THE COURT OF C MMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE C. SULLENBERGER, v. NO. 03-6180 CIVIL CIVIL ACTION - LAW DIVORCE JOEY VINCENT SULLENBERGER, efendant Emergency /Special Relief Petition PETI ION FOR EMERGENCY/SPECIAL RELIEF AND NOW, comes the Petiti ner, Denise C. Sullenberger, by her attorney, Diane G. Radcliff, Esquire, and files the above referenced Petition for Emergency/Special Relief and represents that: 1. Your Petitioner is Denise C. Sullenberger, (hereafter referred to as "Wife") an adult individual residing t 1127 Sandpiper Court, Mechanicsburg, PA 17050 and is the Plaintiff in the abov captioned divorce action. 2. Your Respondent is J ey Vincent Sullenberger (hereafter referred to as "Husband") an adult individual who resides at 481 Sample Bridge Road, Enola, PA 17025, and is the Defendant in the ab ve referenced divorce action. 3. The parties were ma ried on July 10, 1993. 4. The parties separate on or about November 15, 2003. 5. The parties are the j int owners of a certain tract of improved real estate known and numbered as 481 5 mple Bridge Road, Enola, PA 17025, which real estate was heretofore utilized a their marital residence, (the "Marital Residence"). 6. Since the parties separation, the Marital Residence has been solely occupied by Husband and used as his residence. 7. The Marital Residenc has an approximately value of between $250,00 and $275,000. 8. The Marital Residenc is subject to the following three mortgages: A. 1st mortgage w'th Washington Mutual having an approximately balance owing of 9. $91,188, (the ashington Mutual 1 st Mortgage"); B. 2nd mortgage with Commerce Bank having an approximately balance owing of $96 179 h "C B k 2nd M ") 10. , , (t e ommerce an ortgage , C. 3cd mortgage ith Equity One, Incorporated (now by assignment LaSalle Bank, NA), having n approximate balance of $25,000, (the "LaSalle Bank 3cd Mortgage"). Based on the forego ng the marital home has an net equity position in the range of approximately $20,( 00 to $43,000 calculated as follows: Gross Value $250,000.00 $275,000.00 Washington Mutual 1 st Mortgage ($91,188.00) ($91,188.00) Commerce Bank 2nd Mortgage ($96,179.00) ($96,179.00) LaSalle Bank 3cd Mo tgage ($25,000.00) ($25,000.00) Costs of Sale @ 7% ($17,500.00) ($19,250.00) Estimated Net Equi y $20,133.00 $43,383.00 When the parties se arated, Husband did not pay the November and December 2003 mortgage payments or the Washington Mutual 1st Mortgage payments @ $933 each. Wife paid the Novem er and December 2003 Washington Mutual 1st Mortgage payments @ $1,866. In January 2004 Wif continued to make the monthly payments for the Washington Mutual 1 st Mortgage i[lce Husband failed to make said payments. Based upon discussi ns of the parties Husband was supposed to start making the monthly mortgage p yments for the Washington Mutual 1st Mortgage starting in July 2004, but failed to d so, as the result of which Wife was forced to continued to make the payments in ordE r to protect her credit and prevent the foreclosure on the Marital Residence. Since July 2004, and asically since November 2003 as aforesaid, a period of 24 months Wife has made all of he Washington Mutual 1 st Mortgage payments for a total payment 11. 12. 13. 14. _ 1 _ made in excess of $ 2,392. 15. Wife [aid the Washin ton Mutual1't Mortgage payments between November 2003 and October 2005 using er child support for the parties' minor child Kayla Sullenberger. 16. When the parties s parated, the Commerce Bank 2nd Mortgage had a balance of approximately $76,0 0.00. 17. Subsequent to separ tion, without Wife's consent, Husband charged additional sums on the Commerce Ba k 2nd Mortgage so that as of October 12, 2005 the balance due and owing is $96,179, an increase of about $20,000.00. 18. The LaSalle Bank 3rd Mortgage arose out of a loan taken out as a business loan for Millennium Recovery, Inc., a business owned solely by the Defendant Joey V. Sullenberger, althou h the marital residence was mortgaged for that loan and used as collateral for that 10 n. 19. Husband has had sol control over the operation of Millennium Recovery, Inc. during the parties' marriag and since their marital separation. 20. Husband has not m de, and continues not to make, the required payments on the LaSalle Bank 3rd Mor gage and as a result the LaSalle Bank 3rd Mortgage has been, and currently is, in defa It. 21. As a result of Husba d's failure to make the LaSalle Bank 3rd Mortgage payments, the bank has initiated mortgage foreclosure action against the parties seeking the mortgage forec[osur sale of the Martial Residence in the action filed in Cumberland County, PA and doc eted to No. 05-4571 Civil Term. A true and correct copy of the mortgage foreclosu e complaint filed in that action is attached hereto, marked Petitioner's Exhibit 'A" and made a part hereof. 22. Wife cannot afford to pay the LaSalle Bank 3rd Mortgage and make the required payments to cure H sband's default. 23. If the Martial Reside ce is foreclosed upon and sold in a foreclosure sale wife's interest in the Marital Reside ce equity will be lost and negated, and her equitable distribution claim will be subst ntially and adversely and negatively impacted and she will be irreparably harmed hereby. ~ - 24. Subsequent to the parties separation Husband changed the locks and security code for the marital Residenc and did not provide a new key or security code to wife. As the result wife has been qrongfully6 denied access to the marital residence. 25. Wife requires access to the marital residence in order to have it valued for equitable distribution purpose. 26. Wife is entitled to ac ess to the marital residence by virtue of her being a joint owner. 27. Wife has and will in ur attorneys fees in bringing this Petition and claim is made therefor. 28. Husband's attorney, eanne B. Costopoulos, Esquire, has been provided with a copy of this Petition prior to its filing and has not advised Petitioner that Husband consents to the relief requested herein. WHEREFORE, Wife, enise C. Sullenberger, respectfully requests this Honorable Court to enter an Order requiring Husband: 1. To cure his de au It of the LaSalle Bank 3rd Mortgage so that the marital home will not be expose to a foreclosure sale. 2. List the Marit I Residence for sale with a real estate broker selected by Wife; 3. To agree to a isting price and in absence of said agreement to list it at the price suggested by he realtor; 4. To market an sell the marital Residence in accordance with all reasonable advice given y their realtor as to listing price, marketing, and sales price and terms, absent mutual agreement of the parties; 5. To accept an reasonable offer to purchase the Marital Residence as hereafter suggested by he Realtor, absent mutual agreement of the parties; 6. To provide a ey and the security code to the Marital Residence to Wife so that she may have full access thereto; a. To cooperate ith any apprisal or other valuation of the marital residence that wife may desire to obtain; _ A _ b. To pay the att rney's fees and costs incurred by Wife in bringing this Petition and attending the hearing to be held thereon. \ Respectfully submitted, ~I CLIFF, ESQUtRE ( 3448 Trindle ad Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Petitioner - " - VERIFICATION I, DENISE C. SULLEN ERGER, verify that the statements made in this Petition are true and correct. I understands hat false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, re ating to unsworn falsification to authorities. / -G- AND NOW, this CERTIFICATE OF SERVICE day of October, 2005, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this d y served a copy of the foregoing document upon Defendant's Attorney, by mailing same by first class mail, postage prepaid, addressed as follows: Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Box 779 Mechanicsburg, PA 17055 ~-;,:d ! ~preme C ID 32112 - 7 - Exhibit "E" THE LAW OFFICES OFiGREGORY JA V ARDIAN BY: GREGORY JAV,f,RoIAN ATTORNEY LD. # 5566P 1310 INDUSTRIAL BOTjJLEV ARD 1ST FLOOR, SUITE 1011 , SOUTHAMPTON, PA I 966 (215) 942-9690 EMC MORTGAGE CO ORATION, ATTORNEY-IN-FACT OR LASALLE BANK NAT ONAL ASSOCIATION (ASSI NEE) F/I:.!A LASALLE NATIONAL BANK., IN ITS CAPACITY AS INDE URE TRUSTEE UNDER THAT CERT IN SALE AND SERVICING AGREEM NT DATED DECEMBER 1,1999 ONG APC TRUST SERIES 1999- , AND ANY AMENDMENTS THE TO P aintiff vs. JOEY V. SULLENBE GER DENISE C. SULLENB RGER efendants Attorney for Plaintiff COURT OF COMMON PLEAS TRIAL DNISION CUMBERLAND COUNTY No. 05-4571 Civil Term () c: .<A -rJ("D rn{ji. ~~i; 20 ~(-) >e: 7 ~ r-.' g; ~ c.n % -l o :1:." rl1F -:: -om 1 :b9 (.:)0 -I..,. :C-n -;~5 Om ~ '-< PLAINTIFF'S ANSWER TO DEFEND T DENISE C. SULLENBERGER'S NEW MATTER II. Plaintif incorporates paragraphs one (1) through (10) ten of the Complaint as if mo e fully set forth at length herein. 12. Admitt 13. The combined Notice of Intention to Foreclose and Notice of er's Mortgage Assistance was sent by the Plaintiff by regular and ce ified maul on May 4, 2005 to the mortgaged property which was the last known address for Defendants at the time said notice was mailed. 14. Admitt d. ;po z 'F.' o -.l 15. Admitted ip part and denied in part. It is admitted that the mortgage held by Plaintiff is a lien against the property at 481 Sample Bridge Road, , Eno]a, P ~ 17025 owned by the Defendants. Answer Plaintiff, as mortgageel by assignment, is without knowledge or information sufficient to form a belief as to the truth of the averments regarding whether the mortgage was a business loan for Defendant Joey V. Sullenberger. By way of her response, Defendant Denise C. Sullenberger executed the mortgage. 16. Denied. laintiff is without knowledge or information sufficient to form a belief as 0 the truth of the averments in paragraph sixteen (16). The same are there re denied. 17. Denied. laintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph seventeen (17). The same are therefore denied. 18. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph eighteen (18). The same ar therefore denied. 19. Denied. Plaintiff is without knowledge or information sufficient to form a belief a to the truth of the averments in paragraph nineteen (19). The same ar therefore denied. 20. Denied. Plaintiff is without knowledge or information sufficient to form a belief a to the truth of the averments in paragraph twenty (20). The same are ther fore denied. 21. Denied. The allegations contained in paragraph twenty-one (21) are conclusioI)s of law and no response is required. The same are therefore denied. 22. Denied. laintiff was not aware of the pendency of the divorce action at the time f the filing of this action. By way of further response, the pendency of a divorce action does not act as a stay to a mortgage foreclosu proceeding. 23. Denied. he allegations contained in paragraph twenty-three (23) of Defendan 's New Matter are conclusions of law and no response is required. The same are therefore denied. 24. Denied. he allegations contained in paragraph twenty-four (24) of Defendan's New Matter are conclusions of law and no response is required. The same are therefore denied. 25. Denied. he allegations contained in paragraph twenty-five (25) of Defend's New Matter are conclusions of law and no response is required. The same are therefore denied. 26. Denied. The allegations contained in paragraph twenty-six (26) of Defend t's New Matter are conclusions of law and no response is required. The same are therefore denied. WHEREFORE, laintiff prays for judgment in its favor and against Defendant. Dated: October 28, 200 THE LAW OFFICES OF GREGORY JA V ARDIAN " BY: GREGORY JA V RDIAN ATTORNEY LD. # 5566 13 JO INDUSTRIAL BO LEV ARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA I 966 (215) 942-9690 EMC MORTGAGE CO ORATION, ATTORNEY-IN-FACT OR LASALLE BANK NA TI NAL ASSOCIATION (ASSIG EE) F/K!A LASALLE NATIONAL ANK, IN ITS CAPACITY AS INDEN URE TRUSTEE UNDER THAT CERTA SALE AND SERVICING AGREEM NT DATED DECEMBER 1,1999 A ONG AFC TRUST SERIES 1999-4 AND ANY AMENDMENTS THE TO PI intiff vs. JOEY V. SULLENBER ER DENISE C. SULLENB RGER D fendants Attorney for Plaintiff COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No. 05-4571 Civil Term CERTIFICATE OF SERVICE TO THE PROTHONO RY: I hereby certifY at a copy of Plaintiffs Answer to Defendant's New Matter was mailed to the following ndividuals by regular mail, first class United States mail, postage prepaid on the date set f< rth below. Diane G. Radcliff, Esqu re 3448 Trindle Road Camp Hill, PA 17011 Attorney for Denise Sui enberger Dated: October 28, 200 SWORN TO AND SU SCRIBED BEFORE ME THIS 2'811.. DAY OF ocf.J- ,2005. /IL TAR Y PUBLIC Joey V. Sullenberger 481 Sample Bridge Road Enola, P A 17025 Defendant Pro Se ian,E ~s P iCENNEOV Notaly Pubuc UPPER SCl\J1HAMPfON TOWNSItP 811CKS COUNTY 1 7 ,', 1';ifrP C~"'r 2 7 ." -".~ '~'_.__._". ~....., Exhibit "F" LAW OFFICES OF GREGORY JA V DlAN By: GREGORY JAVARDIAN,ESQ IRE IDENTIFICATION NO. 55669 13 I o INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATIO ATTORNEY-IN-FACT FOR LAS LEBANK NATIONAL ASSOCIATION (ASSI NEE) FfKJA LASALLE NATIONAL BANK, IN I S CAPACITY AS INDENTURE TRU TEE UNDER THAT CERTAIN SALE AND SER ICING AGREEMENT DATED DECEMBE 1, 1999 AMONG AFC TRUST SERIES 199 -4, AND ANY AMENDMENTS THERETO 909 HIDDEN RIDGE DRIVE, SUIT 200 IRVING, TX 75038 COURT OF COMMON PLEAS CU~ANDCOUNTY No.: {)o-4~IVIL TERM /'l ~/l (..^ .;;>, ")/, (>~<> " /..../ .({;"\. \.-,,.h., '\..' '0 '('/ <', . ~i;y ~ (') ~-; " ....., 0 O~ c:::.-, TI en .-1 c) :1: 'T1 -.t:: niF -nm ::py - t-Js~} -v , -;:;--q 1 )-- -.. ~o'pCI N C;rn -,I 5 -.J '-< YS. JOEY V. SULLENBERGER 433 N. 21ST STREET CAMPHILL,PA 170Jl DENISE C. SULLENBERGER 1127 SANDPIPER COURT MECHANICSBURG, PA 17050 PlikEc E FOR JUDGMENT FOR FAILURE TO AN~ AND ASSESSMENT OF DAMAGES TO THE PROTHONOf~ Y0$ Kindly enter judgment i l'~yr~laintiff and against JOEY V. SUlLENBERGER, Defendant, for failure to file a Answertm'P!funtiffs Complaint within 20 days from service thereof and for foreclosure and sale of e mortgaged premises, and assess Plaintiffs damages as follows: L .~ $2~99.99 Interest 8120/05 to 11/9/05 ~.16 TOTAL $22...~, "'<::; 1/." ertify hat (I) the addresses of the Plaintiff and<it~pat~ are as shown above, and (2) that no' een given in accordance with Rule 237.1, COI}~t~. ~ <;?) 0 -61J$ ~e '1 U; qop 7'~ COpy ~;J; Damages are hereby assessed DATE: P ATTORNEY -IN-FACT FOR LA LLE BANK NATIONAL ASSOCIATION (AS IGNEE) FfKJA Cumberland Counly I....;,SALLE NATIONAL BANK. ITS CAPACITY AS INDENTURE T USTEE UNDER No. 05-4571 THA T CERTAIN SALE AND S VICING AGREEMENT DATED DECEM ER 1, 1999 AMONG AFC TRUST SERIES I 99-4, AND ANY AMENDMENTS THERET Plaintiff v. JOEY V. SULLENBERGER DENISE C. SULLENBERGER Defenda ts TO: JOEY V. SULLENBER ER 433 N. 21ST STREET CAMP HILL, PA 1701 DATE OF NOTICE: 10/26/2005 NonCE, RULE 237.1 IMPORT ANT NOTICE You are in default becanse you h ve failed to enter a written appearance personally or by attomey and file in Wliting with the court your de uses or objections to the claims se forth against you. Unless you act within ten (10) days from the dat of this notice. a judgment may be entered against you without a hearing and you may lose your property I' other important rights. You sbould take this notice to a lawyer at once. If you do not have, a lawyer or ca lOt afford one, go to or telephone the following office to find out wbere you can get legal help. Cumberland County Bar Association Lawyer Reference Service 32 S. Bedford Street Carlisle, PA 170~1y) (800) 990-9Iot/"IJ (717) 249-3166 n Gregory Javardian, Esqnire 1310 Indnsltial Boulevard 1" Floor, Suite !OI Southampton, P A 18966 (215) 942-9690 Attamey for Plaintiff Usted se encuentra en estada de rebeldia par no haber tornado la accian requiida de su parte en este casa. Al no tamar la accion debida de ltra de un temnno de diez (10) dias de esta notificacion, el tribunal podra, sin necesidad de compararecer sted en corte 0 escuchar plueba alguna. dictar sentencia en su contra, usted puede perder bienes y otros del chos jmportantes. Debe llevar esta noti.ficacion a un abogado immediatemente si lIsted no tie e abogado, 0 si 110 tiene dinero suficiente para tal servicio. vaya en persona o llame por telpfono a Ia oficin ,cuya direccion se enCllentra eselita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PUR UANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO OLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" -:'1 1 C) :"--) -'('1 :-,J i- >~\ (..) 1< . THE LAW OFFICES OF CiJREGORY JA V ARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 556691 13 I 0 INDUSTRIAL BOU~EV ARD ] ST FLOOR, SUITE ]0] SOUTHAMPTON, PA ]8 66 (215) 942-9690 , Attorney for Plaintiff EMC Mortgage Corporati n, Attorney-in- Fact for LaSalle Bank Nat onal Association (Assignee), f/k/a LaSalle ational Bank, in its capacity as Indenture T stee under that certain Sale and Servicing Agreement dated December], 1999 among AFC Trust Series ] 999-4, and any amendm nts thereto Plaintiff Court of Common Pleas Civil Division Cumberland County No. 05-4571 Civil Term VS. Joey V. Sullenberger Denise C. Sullenberger Defendant CERTIFICATE OF SERVICE TO THE PROTHONOT RY: I hereby certify t at a copy of Plaintiffs Motion for Summary Judgment was mailed to the following i dividuals by regular mail, first class United States mail, postage prepaid on the date set f, rth below. Diane G. Radcliff, Esqu're 3448 Trindle Road Camp Hill, PA ] 70] 1 Attorney for Defendant, Denise C. Sullenberger Joey V. Sullenberger 48] Sample Bridge Road Enola, P A 17025 Defendant Pro Se Dated: J.;'40~ LAW OFFICES OF GREGORY JA V IAN By:'<,;,REGORY JAVARDIAN,ESQ IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD ]ST FLOOR, SUITE ]0] SOUTHAMPTON, PA 18966 (215) 942-9690 EMC MORTGAGE CORPORATION COURT OF COMMON PLEAS ATTORNEY-IN-FACT FOR LASAL BANK NATIONAL ASSOCIATION (ASSI NEE) F/K/A CUMBERLAND COUNTY LASALLE NATIONAL BANK. IN I S CAPACITY AS INDENTURE TRUS EE UNDER No.: 05-4571 CIVIL TERM THAT CERTAIN SALE AND SERV CING AGREEMENTDATEDDECEMBE 1,1999 AMONG APC TRUST SERIES 1999 4, AND ANY AMENDMENTS THERETO VS. JOEY V. SULLENBERGER DENISE C. SULLENBERGER VERIFI A TION OF NON-MILITARY SERVICE GREGORY JA ARDIAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captione matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) Defendant, JOEY V. SULLENBERGER, is not in the Military or Naval Service of the United States or its Alii s, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 194 , as amended. (b) Defendant JOEY V. SULLENBERGER, is over 18 years of age, and resides at 433 N. 21ST STREET, C HlLL, PA 17011. (c) Plaintiff, MC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR LASAllE BANK NATION ASSOCIATION (ASSIGNEE) F/K/ A LASAllE NATIONAL BANK, IN ITS CAPACITY S INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED DECEMBER 1, 1999 AMONG APC TRUST SERIES 1999- 4, AND ANY AMENDME S THERETO, is an institution conducing business under the Laws of the Commonwealth of Penns Ivania with an address of 909 HIDDEN RIDGE DRIVE, SUITE 200, IRVING, TX 75038. This statemen is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to auth rities. GREGO~fr"Q~E UN t'LbA;:' TQ: JOEY V. SULLENBER ER . 433 N. 21ST STREET CAMP HIlL, PA 17011 EMC MORTGAGE CORPORATIO , COURT OF COMMON PLEAS ATTORNEY-IN-FACT FOR LAS LE BANK NATIONAL ASSOCIATION (ASSI NEE) FIKJA CUMBERLAND COUNTY LASALLE NATIONAL BANK, IN I S CAPACITY AS INDENTURE TRU TEE UNDER No.: 05-4571 CIVIL TERM THAT CERTAIN SALE AND SER ICING AGREEMENT DATED DECEMBE 1,1999 AMONG AFC TRUST SERIES 199 -4, AND ANY AMENDMENTS THERETO Plaintif vs. JOEY V. SULLENBERGER DENISE C. SULLENBERGER Defen ants NOTICE Pursuant to Rule 236 of the Su reme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. ..1L Ju gment by Default _ Mo ey Judgment ent in Replevin ent for Possession by Default ent on Award of Arbitration ent on Verdict _ Jud ment on Court Findings IF YOU HAVE ANY QUES IONS CONCERNING TillS NOTICE, PLEASE CAlL: ATIORNEY: Gregory Javar . an, Esquire at this telephone number: (215) 942-9690. / {INiss (-) h.l -~ 1 I'! ,... ." -'Tt :~ i:-I~! .' PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten aIXi subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: please list the within matter for the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) EMC Mortgage Corporation, attorney-in-fact for LaSalle Bank National Association f/k/a LaSalle National Bank in its capacity as Indenture Trustee under that certain sale and servicing agreement dated December 1, 1999 among AFC Trust Series 1999-4 (PUrintiff) vs. Joey V. Sullenberger Denise C. Sullenberger (~fendant ) No. 2005 <-571 Civil 1:l. vI 19 1. state matter to be argued (i. e., plaintiff' s rrotion for new trial. defendant I s demurrer to ccmpUrint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for pUrintiff: Dale F. Shugart, Jr., Esquire ~s: 35 E. High Street, Suite 203 CarliSle, PA 17013-3016 (b) for defendant: J\ddress: Denise C. Sullenbeger, 3448 Trindle Road Camp Hill, PA 17011 Esquire 3. I will notify all parties in writing within two days that this case has been listed for argment. 4. Argurent Court Date: March 29, 2006 Dated: ~k~ Atto ey fOD ,)/" ....r.'- " c~~ ------- LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JAVARDIAN ATTORNEY 1.D. # 55669 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff EMC Mortgage Corporation, Attorney-in- Fact for LaSalle Bank National Association (Assignee), flkla LaSalle National Bank, in its capacity as Indenture Trustee under that certain Sale and Servicing Agreement dated December I, 1999 among AFC Trust Series 1999-4, and any amendments thereto Plaintiff Court of Common Pleas Civil Division Cumberland County No. 05-4571 Civil Term vs. Joey V. Sullenberger Denise C. Sullenberger Defendants CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Praecipe for Argument for Plaintiffs Motion for Summary Judgment and Memorandum of Law was mailed to the following individuals by regular mail, first class United States mail, postage prepaid on the date set forth below. Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant, Denise C. Sullenberger Joey V. Sullenberger 481 Sample Bridge Road Enola, P A 17025 Defendant Pro Se Dated:zffb J...---~ -.., EMC MORTGAGE CORPORATION, attorney-in-fact for LaSalle Bank National Association, f/k/a LaSalle National Bank in its capacity as Indenture Trustee under that certain sale and servicing agreement dated December 1, 1999: among AFC Trust Series 199-4, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0'5'151/ NO. Os 15761 Civil Term vs. JOEY V. SULLENBERGER DENISE C. SULLENBERGER, Defendants ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with the Law Offices of Gregory Javardian, for the limited purpose of representing the Plaintiff at Argument Court t51 be \held on \ ::::e"d::~e:a::h,::: "" ~P~9[~e T Supreme Court I.D. ~9373 35 East High Street,~ite 203 Carlisle, PA 17013 (717) 241-4311 cc: James P. Kennedy, Esquire, Law Offices of Gregory Javardian Denise C. Sullenberger, Esquire EfV\C (\f'(;~c< ~ Ca:,~do0 '-...J:< ~ n... Il. In the Court of Common Pleas of Cumherland County, Pennsylvania vs. No.~~ ---(,,-\-S'lJ- Civil.19 ~~~S0\~~~ \ ~ 'S...:,\v, ~ f"' \_\ O~.A. \J'\~~)J). ':1 -\:>. Q . c.("\~u,_.UJt.-, <\\B\,^,+'~.s; l}- ~'V\\y\~,rJ--~lo ~ 'oj ~ ~~I'-~ L ~~\~C $u\lo.f\bu -so ~v..:9- \\C>ll'" -\. \.~ \'r\ r" j \> v-Q)( OD ,: I..~ \ ~ -;;.e (' n r 1 Y\ C ci~ ~A l 2 ~ O'-d~~ ^-6 . ,,+ '&l \0 "~~(\da.,,-P G To Prolhonotary \ ]9 J) ( ~ M~m,,'m'w,....1hs.^~ '\:)e...(\tocC. ~\ \s.." ~ No. Tenn, 19 _ vs. PRAECIPE Filed 19 , Atty. (~J -n c'.:. \.!.J c C:-J: W ... THE LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JAVARDIAN ATTORNEY 1.D. # 55669 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff EMC Mortgage Corporation, Attorney-in- Fact for LaSalle Bank National Association (Assignee), f1k!a LaSalle National Bank, in its capacity as Indenture Trustee under that certain Sale and Servicing Agreement dated December I, 1999 among AFC Trust Series 1999-4, and any amendments thereto Plaintiff Court of Common Pleas Civil Division Cumberland County No. 05-4571 Civil Term vs. Joey V. Sullenberger Denise C. Sullenberger Defendants ORDER AND NOW, this /.1 r~ /, ' /.-., day of t \;1... t tl~ ' 2006 upon consideration - of Plaintiff's Motion for Summary Judgment and any response thereto, it is hereby ORDERED and DECREED that Plaintiffs Motion for Summary Judgment is GRANTED. AND Judgment is hereby entered in favor of Plaintiff, and against, Defendant, Denise C. Sullenberger, in the amount of $24,999.99, plus interest, at the per die - / $8/20/2005 from August 20, 2005 until the date of judgment.anc! legal interest ~ ---- "-' -.() I CD" . () 6'-.1 ?\:-t.>~ r "'< '< , .. 8 ~ ,u ~~ ~ & K' (\ ('- L. -L (If D. r---... --<~ Lr~D j' ~E' f~ B~~ ~ ~ r--.5::2 , ~ ~ ~ ~9- ',..L' -.'" , , ~ L~ -(~'J:< iYrl,'5i') I .I'"l~...... r........~).1 " J,l._" I I .J THE LAW OFFICES OF GREGORY JA V ARDIAN BY: JAMES P. KENNEDY ATTORNEY J.D. # 86614 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 APR J 0 2006 BY:. Attorney for Plaintiff EMC Mortgage Corporation, Attorney-in- Fact for LaSalle Bank National Association (Assignee), f/kla LaSalle National Bank, in its capacity as Indenture Trustee under that certain Sale and Servicing Agreement dated December I, 1999 among AFC Trust Series 1999-4, and any amendments thereto Plaintiff Court of Common Pleas Civil Division Cumberland County No. 05-4571 Civil Term vs. Joey V. Sullenberger Denise C. Sullenberger Defendants AND NOW, this t-'O ORDER day of ~,~ , 2006 upon consideration of Plaintiffs Petition to Amend the Order of March 29, 2006 it is hereby ORDERED and DECREED that Plaintiffs Petition is GRANTED and the Order of March 29, 2006 is amended as follows: AND Judgment is hereby entered in favor of Plaintiff, and against, Defendant, pie of Denise C. Sullenberger, in the amount of $24,999.99, plus interest, at the $6.36 from August 20, 2005 until the date of judgment and legal interest t . e~er. J. ] '" 1 U [" ii i'" t! ;'J '-- LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION (ASSIGNEE) F/KJA LASALLE NATIONAL BANK, IN ITS CAP AClTY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED DECEMBER I, 1999, AMONG AFC TRUST SERIES 1999-4, AND ANY AMENDMENTS THERETO PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION ALLEGHENY COUNTY NO. 05-4571-CIVIL TERM VS. JOEY V. SULLENBERGER DENISE C. SULLENBERGER DEFENDANTS PRAECIPE TO VACATE JUDGMENT WITHOUT PREJUDICE TO TIIE PROTHONOTARY: Kindly VACATE, without prejudice, the default judgment entered against Joey V. Sullenberger filed in the instant action on November 14, 2005. Kindly VACATE, without prejudice, the summary judgment entered against Denise C. Sullenberger filed in the instant action via Court Order on March 29, 2006 and Amended via Court Order on April I 0, 2006. Date: S/trIO(; I p ~ ~ Q. ~ 0 ~ ~ <;, ;? %~ 0 "'_....- :S ~(,G :::: ~J \,\'\\1> -o~ -Z';! - -0 W --7, 0:> ~~\ (j}: --- ~ ?- ~.r:. >~ ...:? <:::: ..., Q '"Q ~ ~I'~~.. '$ 5 - 1- rV ::-\ ~ .' ~ '-z.. rV :2 <Jl LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON,PA 18966 ATTORNEY FOR PLAINTIFF (215) 942-9690 EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR LASALLE BANK NATIONAL ASSOCIATION (ASSIGNEE) F/KIA LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED DECEMBER 1, 1999,AMONGAFC TRUST SERIES 1999-4, AND ANY AMENDMENTS THERETO PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION ALLEGHENY COUNTY NO. 05-4571-CIVIL TERM VS. JOEY V. SULLENBERGER DENISE C. SULLENBERGER DEFENDANTS PRAECIPE TO DISMISS COMPLAINT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly DISMISS, without prejudice, the Complaint in Mortgage Foreclosure filed in the instant action on September 6, 2005. Date: ~JN/'6 ~2--- G ~Y JAVARDIAN A omey for Plaintiff I! . 2 ~ '1J ~J: ~)L:: g~- }~ ~.~~' PC: Z :J ....., = = "" ::;: :>:>- -< ~ ~, ::0 ",- _m "'0 ::DJ. oc; ::;:!:r~ i'5-W ___0 .,t.-to S ~ 0:> .." ::r. ~ N UI