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HomeMy WebLinkAbout02-3187LAW OlqqCES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ~ 55669 1310 INDUSTRIAL BOULEVARD 1sx FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE UNDER THE iNDENTURE DATED AS OF 10/1/00 SERIES 2000-3 135 SOUTH LASALLE STREET, SUITE 200 CHICAGO, IL 60603 PLAINTIFF VS, COURT OF COMMON PLEAS CUMBERLAND cOLrNTY ELIZABETH R. MOYNAHAN, BY THE LEGACY TRUST COMPANY, PLENARY PERMANENT GUARDIAN ONE SOUTH CHURCH STREET SUITE 101 HAZF. LTON, PA 18201 COMPLAINT IN MORTGAGE FORECLOSURE ELIZABETH R. MOYHANHAN, BY AMY CAROTHERS, PLENARY PERMANENT GUARDIAN OF THE PERSON 41 SANDRA AVENUE PLATTSBURGH, NY 12901 DEFENDANTS COMPLAINT - CIVIL ACTION NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL I-lEI ,p. Cumberland County Bar Association 2 Liberty Avenue 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 § 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 RECEIFT OF THIS PLEADING, cOLrNSEL 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 COI.I.ECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED TI-IIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN A'ITORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 10/1/00 SERIES 2000-3 135 SOUTH LASALLE STREET SUITE 200 CHICAGO, IL 60603 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. EI.IZABETH R. MOYNAHAN, BY THE LEGACY TRUST COMPANY, PLENARY PERMANENT GUARDIAN ONE SOUTH CHURCH STREET SUITE 101 HAZELTON, PA 18201 COMPLAINT MORTGAGE FORECLOSURE And ELIZABETH R. MOYI-IANI-IAN, BY AMY CAROTHERS, PLENARY PERMANENT GUARDIAN OF THE PERSON 41 SANDRA AVENUE PLATTSBURGH, NY 12901 DEFENDANTS CIVIL ACTION MORTGAGE FORECLOSURE LaSalle Bank National Association as Indenture Trustee under the Indenture Dated as of 10/01/00 Series 2000-3, (hereinafter referred to as "Plaintiff") is an institution, conducting business under the laws of the Commonwealth of Pennsylvania and brings this action to foreclosure the mortgage between Elizabeth R. Moynahan, by Ann E. Peragine, by Power of Attorney and itself as Mortgagee by Assignment. On September 8, 2000, Elizabeth R. Moynahan, by Ann E. Peragine by Power of Attorney executed a Mortgage in favor of Alliance Funding Company, which in turn assigned its rights and interests to Plaintiff. The Mortgage was recorded on September 14, 2000 in the Office of the Recorder of Deeds and Mortgages in Cumberland County in Mortgage Book 1638, Page 888. A copy of the Mortgage is attached hereto and made a part hereof as Exhibit "A". The Mortgage is secured by a Note in the amount of $95,000.00 payable in monthly installments with an interest rate of 10.50%. The Note was executed on September 8, 2000 executed by Elizabeth R. Moynahan, by Ann E. Peragine, by Power of Attorny. A copy of the Note is attached hereto and made a part hereof as Exhibit "B". The Legacy Trust Company was appointed Plenary Permanent Guardian of the Estate of Elizabeth R. Moynahan by Court Order dated January 7, 2002. The address of The Legacy Trust Company is One South Church Street, Suite 101, P.O. Box 2148, Hazleton, PA 18201. A copy of the Final Order of Court Appointing Plenary Guardian is attached hereto and made a part hereof as Exhibit "C". Amy Carothers was appointed Plenary Permanent Guardian of the Person of Elizabeth R. Moynahan by Court Order dated January 7, 2002. Amy Carothers is an adult individual who resides at 41 Sandra Avenue, Plattsburgh, NY 12901. (See Exhibit "C"). The land subject to the Mortgage is 16 Eastgate Drive, Camp Hill, PA 17011. Elizabeth R. Moynahan is the real owner of the land subject to the Mortgage. The Mortgage is now in default due to the failure of the Defendant(s) to make payments as they become due and owing. The following amounts are due and owing pursuant to the terms of the Mortgage and Note: Principal Balance Interest to 1/29/02 Accumulated Late Charges Hazard Insurance Interest on Advances Prepayment Penalty Misc. Fees Attorney Fees/Costs TOTAL $95,000.00 6,135.10 695.2O 1,917.03 67.83 4,750.00 4.00 3,700.00 $112,269.16 plus interest from 1/30/02 at $27.33 per day, costs of suit and attorney fees. In accordance with the provisions of the Act of January 30, 1974, P.L. 13 No. 6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose is required and the Notice of Homeowners' Emergency Mortgage Assistance was sent on March 23, 2001. A copy of the Notice is attached hereto and made a part hereof as Exhibit "D". The Defendants have not cured the default. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendants, in the sum of $112,269.16 together with the interest from 1/30/02 at $27.33 per day, costs of suit and attorney fees. Law Offices of Gregory Javardian BY: ~y J A~~N Attorney ID~o. 55669 ACCOUNT#: 080~0978§5 BALLOON NOTE (Fixed Rate) TillS LOAN IS PAYABLE IN FULL AT ~,IATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCK OF ThE LOAN AND UNPAID [NT~ TI. tEN DUE, ThE LENDEI~. IS I~'NDI~R NO OBLIGATION TO REI~RqANCETHE LOAN ATTHAT TIME. YOU WILL, ThEREltORF. BE REQUIRED TO MAKE pAYMENT OUT OF OThER AS.e~I'S THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LEI~IFA~ WIIICH MAY RK THE t.F.,NDER ¥OC HAVE THIS LOAN WITH, WIt.I.ING TO LEIqD YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIA'rI~ WITH A NEW LOAN EVEN IF yOU OBTAIN REFINANCING FROM THE ~.ME LENDI~R. S£PTEI~ER 08. 2000 16 B~.$TOAI'£ I)I~IVB, ~ I~ILL, PA 17011 1. BOREOWER'S PROMISE TO PAY In mmm for a inan that I have rz~:ivcd, I promise to pay U-S. $ 9~,000.00 (this amoant/~ called "i~incipal"), plus inlCmtl, to th~ one' of tile L~mder. Thc ~ is Al1 J ar. ce l,'xzndt ll~, a Oiv[s~.on o/~ Supe=lor }ank Fll~ · I understand IbM the Land~ may transfer this Nora, The ~ or Imyouc wbe lakes this Note by Winsfer and Is entitled to receive payments under this Note is called th~ "Note Holder.' 2. I NT R R .'.'.'.'.'.'.'.'.E S T Intere, st will Jg r, har~d on unpaid principal undl the full amount of principal has been paid, 1 will pay interest at a yearly mac of 10,500 Thc intcmst rat~ r~luimd by th/s Section 2 is the rate I will pay both bofoee and after any default described in S~cfion 6lB) oftl~ Nam, 3, pAYMENTS (A) Time and Place of Pa)menu I will pay pdncipal and imor~t by makh~g payments ~ month. I will make my monildy payments on the 13ch dayofu,xchmon01bellinningon OCTOBAR 13 , 2000 . I will make these payuznts eyeD, mo~th ~ I have p~k[ ail of 0~ pr/ncip~l and infarct and any other aim'Ecs des~ribcd b~inw thai I w.~y ow? under this Not=. My manthly paym~ms will be applied to iuter~t before principal. If, on ~EPI'~'.I~I/:V, 1), i01S , I aiiil owc amounts ir this ,~o~x, I v, ili pay fll~ mints in fall on grot date, wt~i~ is called ~e 'mstumy I will malco my monthly paymems ~ 01t~ ~ ROAD Olt.Al~G~ab'go, l~' 10~69 or el a differe~q~ plac~ if tequlr~l by th~ Note Holder. lB) Amouut of Monthly Paymants My money pa)mere will be in zbo amount of U.S. $ 8&9.00 4. IIORROWER'S RIOHT TO pREPAY kno~m ~ a 'pmpa~n~. Wben I m~k~ a ~¢~,&~w,~l, l ~ ~11 abe Nntc Holder ~n v~ttlng th~ l tm dot~ ~o. [ may m~ce n f~ ix~lmlm~ or ~ ~ ~ imyin~ an~, p, ~/&.~ altar~ Tbe Nnte HoMer will ~e aU o/' my i...~,ymonts to i~k~:e th, amount of pdaalpal abet I o,~e. vndm' ~his No&e. If I make a Imtial pr~otym~t, them will be no dtank~es in the dae ~ate or ie the amoam of my monthly payment u~ the Note []older I,,OAN CHARGF.8 If j law, which applies to this inon and whinh ~ets ~ inan dla~'g~a, Is ~ htMilx'~xi ao that the (i) ~y such Ioml dmv~ d=dl be reduced by lbo amot~at t,,.,.~aey to v=due© lbo dn~ric ~o the Ixm'M~d limig and (il) any ~t~m~ al~edy collected from m, which axe,led !x~Ml~d limha will be wf'm~,,.d m me. Tho Nole Holder may choof, e lo maka fids ~fut~d by tedt~ing Iha Ixtndpal I ow~ under thla Not~ or by makinll z diz~.'t paYman~ to m~. If n refund teduc~ Ixin~ipal, th£ ~duclion will be tmavxl as a pmllal prePaYment. BORROWRE'S FAILURE TO PAY AS REQUIRED lA) Late C~rg~ ~or Ovwdua paymeais IflbeNeteHolderhasontre~eivedthefallarnwantofanymeathlypa~lb¥1be%'adof 15 cal~dard~¥s aft~lhedatekladae..lwtllpayahteeber~etolheNnteHolder. Tha amotua of the eh~ will be 5.000 % vi t~ ovordue paym~zl of Ix'ir*~pal m~d Imm~sl. I will pay tins ~ eha*~e iwm'npfly but only once on e~ch ixym~zt. ALOJ (B) Default If I do no~ pay ~ full ~nount of nseh monthly payment on the do'~ it is due. I will be in do.ult. (C} No(ice of Default If ! am in dcfauh, ~ Noto Hol'~er may send me · written no,ce t~lling me dm~ it' ] (to not pay the overdue unount by e certain dote, the Nolo Holder may acquire mc to pay immediately the full amount of princ~l which has not been l~d and aH the inm~t that I owe on t~tt amount. That date mus~ st taut 30 da~ eNer t~ date ~ wE~¢h the sma·ce i~ delivered or mulled ro me. (D) I~o Waiver By Note Holder Even if, ~ a thee when i em in default, thc Note Holder ~cs flc~ require leo to ~.y immcC~tel¥ in t'u~l us dcseribed ~hoYe. the ~oto Holder ~ still I~ve the ~ght to do so if ! am in default et a later time. CE) Payment of Note Holder's Costs aM Expelues If the .'qote Holder has required me to pay immediately in full es deKn'bnd shove, the Note HoldeT will beve thc r~ght to be paid beck by me for all of its costs sad e~eses in enforcing t]~is NoM to the extent not p..o~ibi~ed by applicable law, Those cxpc~K$ ·nut.lc, for example, re·sim·bio atterneys' fees. GIVXNG O~ NOTIC~ Unless Bppllcabis I~v req~res e different mcthod, ~ no,icc that m~s~ be givcn to mc ~ndcr this Note v~l be given by deliverin~ it ar by mailing it by first class mail to me at the Pro~cn-/Address above er et a dilTerent address if I glvc the No~ Holder a notice of my different ~dre~ Any notice tbe~ must be Wen to the N'o~e Holder under ~ .~ole v~ll be givc~ by mailing it by f~st class to thc Nolo llolder ut the address stated in Sectino 3(A} above or st · different ~ress if t em given a not·cc of that d~ffercn~ address. 8. ODLIGATIO.~S OF PERSONS UNDER THIS NOTE If more ~ uno pcrmu signs t~s Not~ each l~rson ~s fully sad per,mm, lly obligated to keep ell et' the promises ma~ ~n this Nolo, inclu(fi~ the pennons to pe)' abe full ~t owc~ Any person who is · guarantor, sun~ty enderscr of this Xo(c is ~so obli~.ttod to do there ~ Any pe~ who talu~ over these o~li~ti~s, tocludin~ the obligetim~s of' e g~Jat'entor, T,u~ or endereer of this No~e, is nt~o oblig~nd to keep all of the promima n~da to No~e, The ~ote Noldat may en~:~.e h..l tights under this Note agei~t each pers(~ ind.·dually er against all of us auk, ether. This means that ~ny one ut. us n~ty be required to puy aH oF thc amounts owed under/his No~e. ~, WAlk-.RS ! and an7 ~ person who bee obllptions under this N~e ~tive abe rights of presentment an~ notice of c~sbener. "P~csentmant' means the right to requ~c ~ .'qote Holder to demand payment of enmnns due. 'Nodoc of dJ~(~or' means thc Tight to require t~e Note tlo}~T to give notice to other perone that emoun~ duc have not l~id, 1~, UNII.'O~! ~CUIP~D NOTE giv~ to the N~ l-lo~ ~d~ ~ N~to, a l~.~e, De~ of T~ er ,~ily D~d (~ *S~'~W 1~ v.'Mch I mnkc in this Note. That 8ec~ll~ ln~men~ d~b~ how ~ undar wbe~ ce~ditions ! may be ~ to maRo nnmethat~ issyment in full of ~11 emnoms ! owe under O~s Xole. Som~ ut. u'~sc conditions ute dasc'n'bed ~ fullowst Traasfur of ~he properS}, er a ~enellclai Interest in ~r~r. If ~ or any ~ of tbe sums prior ~o ~e expim~n of this period, La~dc~ ~ invoke say remedieipemdttedby this ~ ID: 080a.097855 ~OK ACGOCNT Tlds ADDENDUM TO NOTE it mack: ~ 8Ch dayo~ SE~ER , 2000 , and is incoq~ruted int~ end amcn~ and supplcmc*gs the Note, A4juste.blr Rate Note or Balloon Note of thc same date, and ~ny extensions and rafter, lis ef~ .%'ote, given by Ibc under~gncd ("Borrower') to AL'l..£a.r~e ~a.'~I~.ni:, a Dtv;Jston o~ Superb. or ~a~. FSB In addition to the a~enmcnts n'a. de in t~ Note, Bet:ewer and Lender further agree n.~ follows: 1. Balloon Payment Loan r~ ~t' Ific box ~hove has been checked, the in/lowing provision.~ crc added to the Note: ^. "THIS LOAN IS P&Y'ABLE IN FULL AT MATURITY. YOU MUST REPAY THE EN"FIRE PRINCIPAL ]LALA~CE OF T~E LOAN AND UNPA~ INT~ THEN DUE. THE LLL~DE,~. !~ UNDER ~O OBLIGA'FION TO RF..A~ANCE TI~ LO AN AT THAT TIM]L YOU W[I~ THE.]L~FOP~ BE ~QUIR~D TO MA~ PAYMENT OUT OF OT~;R THAT YOU ,MAY OWN~ OR YOU W~L ILA.%~ TO FIND A LE.NDF. P~ WHICH MAY BE T/~ LF~'DER YOU ~A. VE TH~ LOA..W WFFH~ WILLING TO LF, ND YOU Ti~ MONEY. LF YOU R~FLNANCE T~IS LOAF] AT MATURITY, YOU MAY HA~ TO ]?AY SOME OR A~I~ OF ~ CLOSIN~ C'O8T$ NORMALLY AN~OCIATF.,D W~TH A NEA~ LOA~W KVE.N IF YOU OBTAI~ RI~:FLNANCL~G FROM TH~ 8AM~ L~eNDEIL~' B. The "Payments" sectinn of thc ~%lot e ~ Itmem:lad by deleting lbo first sentence and replacing it with the following language: '! will pay principal and interest by msl~ng payments cv~'y montlc Eac~ of my regular montldy payments, cv..Cel~ for the final p~yme~, will he in the tmeun! of U.S. $ 869.00 . A.~suming aU scbeduled payments of principal and interest ate mede on their duc dates, e~e final paymeflt will be U.S, S 79,~8a.07 ,' 2. The section or,be Note entltle~ "Rorrower's Promise to Pay," is amendedby adding the following lml~lla~e ariel' the llr~ sentence: ' A~!.y ImIoants owed trader Gte ~egc t.~ty Instrument ~al is executed 3. If I~ Note is za adjustable rate ~ote, t~ section of the Ne~e et~tled, "Interest," is amerind by addicg the ~ollowlng ¼nguage a~ the end of Ibc second sontenen: #w~lal~ except for odd days' if any, will be applied in a ~ day year con,sting of 12 mon~'~ w~h ~0 days cash. Intercst will he char&ed ~m~l the p~n~! ~.,~ heon paid in full." 4. ~' the NOt~ is ~ ~dju.~bic ~tc Note: e) ~be see~on off ~c Note cn~tlad, "P~ymee~a" (A) "Time nad Phce ef Bayment~~ is ameaded by dekUng ~e scMencc which ~ds, ~.My monthly paymen~ ,*ill be applied to ~ b~f~ p~ipaL" ~ ~-pla~ag it wit~ the ~o~lowla& ic~Suage: "Each of resuht mea6~y payted_ · will be q~plkd fire re emma,s due f~ ~ny escrows for t~es end inenmnce under the Senu~ty Instrument, then. to toc~-ucd mai unpaid Jnter~t sa [ f rb~ p~ment is ri'dale on Its duc date, regan~ss of ~en the payment la actually ~eenived end t~e remainder, if any, to abe uapaid prepayment auorgenand paymer~ made by the ~ote HoMer to en£oa:e this Ne~e and/or to Pmteot tf~ iot'~ acc, mt any pa~ten~ f~ oplioml mor~gag~ ptodm:t$ that &re ,;,~sed to m~,' a~..' m~d b)the se~oa of the Note ,m~it~l, 'lmor.t Rate ami Mentl~ Payment C,~n~ ~D) Interest Rate Chnn~e~" la amceded by adding the follewt~ ]e~.e. "M~ ~e~est rate will never ~e less than N/A $. if the Nme is a fixed rote Note, IM secdoa of the Note e~tid~cL "1line mar Phce of l'~tyment~" or altc~nately -Pa)meats," la tmeuded by dc~eting (ff' apgUcabk) the sentcuce which rcad& "My moetldy "Earth o£ my seSUlar moathly payments will be nppRcd first to en"~ormtx due fm any escrows for taxcs m en~ome ~ N~c and/or to protect the Nee Holda~'s ~ntemets under the Senurl~' lnsmunont will b~ e.~ed sepatately.'llds does not take into aenouat any pa~nents fee eptlonal mortStt~ ptodueis Al(CS 6. A. The seaiou of t~e Nme entitled, "l~rrowex'a Right Io P~y" follo~ ~c, ', ~ ~e Nme ~ ~y ~]y ~y ~c ~ ~S u~ ~is N~e ~ ~ ~ ~ ~m~nt and ~ ~ ~nl ~ ~t ~.'; b) ~i~ ~ ~c w~h ~, ~e N~ Hol~ ~ll ~, ~t nS ~i~d in ~ "~sn Cha~' s~ti~ (if any), ~ No~ lIol~ ~ any ~ ~c c~ at t~ ti~ ~ ~n is ~de ~d ~ ~ of ~ will ~ ~f~ if 1 ~y ~ full ~d of ~edule.' B. If n p~w~ ~ ~ con~d ~ ~ccfi~ wi~ ~s 1~ ~e s~fion of ~ Note en~tie~ '~an C~" (ff ~y) Is ~d ~ ~tng to ~e ~ of ~c fin~ ~nlence thc following ~ ~ S~o of A~zom. a pm~ion ts ~dd~d m ~e Not~ ~ follows: S~s. ~e A~I Sutm flull ~ of ell foes, chirKe~ ~ things of ~lue (~ ~ i~ u ~ded in ~ Note} ~M ~ ~bl~ ~ mc, ~her in ~y ~y ~ing to th~ ~ Iht m~y ~ ~a~ ~ be ~ f~ ~ ~ of ~y hw of · o ~ of A~ lhat ~y I~ ~ m~Jmum ~ of ~a~ ~ A~iti~l Sums s~ll ~ ~sd ~ ~ addil~al ~ f~ ~ ~ of ~y suc~ ~w 8. ~ s~ of ~ Not~ c~fi~ "~te C~ for ~erdue ~ ~ ~i~ ~n~ f~ ~ day ~ pn~ 9. ~ ~i~ of ~ Nolo ~ "N~ of DefauR" ~ "Unlfo~ Not~" ~ a~ by 10. ~ ~ ~ an ~jus~lc r~c No~, ~m t~ s~h ~titi~ "Tra~fer of t~ P~rty B~I Intent In Bor~wer," h ~d ~ delefi~ ~e ~v~ ~g to ~u~tJ~ of 1L ~ ~ of ~e N~e ~fitle~ "~aym~l ~ No~ Hold~'s C'ost~ ~d ~fire~ ~ ~ ~]a~by ~ fol~ng I~ge: "If I ~ul~ ~ or ~t ~ No~ Eo~ ~ ~u{~ ~ ~ ~y ~ly in full z~ ~d ~ck ~ ~ ~ ~ ~ ~ by ~i~k law." 12. ~ ~ of ~ N~ mfifl~ "~lt~l~ of Pemns U~ "~ ~ Note ~oM~ C~S t~ ~,x ~ mtit~, ~a~" is ~1~ ud ~ to ~ u follo~ ' l ~ ~ ~ ~ w~ ~ ob~ ~ ~ Nme 14. ~ Z~: 08~978SS c~mncctlon vdth this Ioaa: on)' Fees inzlx~ed by o~ ~ ~te o[ ~s ~o~. ~ taw ~ ~h~ shtl ~l to ~ ~t o~ ~ confl~l end thc w~ ~meJn ~utly c~tve ned ~o~eabte.' afi~ ~e fi~ ~ge Dn~ follo~ng my ,~., ~. ?,..,~...,, e,,.' ~ LOAH It~: 080~.097855 ROBERT P, ZIEGL*~R' ** REOORDER OF DE'ED$ CUMBERI..ANO MORTGAGE THl~MO~A(~l~("$~c~tr~lm~r~2~')i~o~ s~...~.~O$~ 2000. ~ ~ R~, Or~e~&, N~ York 10962 ~ 8~ ~, 2o15 . LOd~ ID: 080~097855 AIAV yoea ~ M~(pp ~'~A~r~ 3. AppHeatk, n ofFaymeat~. Un~e~ sppl~c~ble law lw~.v~des ~ allpayments t~so~v~ 5y ~ undm-pamgmpim I znd 2 slmltbe at, lied: firs~ to m..y ix*~aym~nt ~ duo und~ tl~ Not~; second. ~ ~ if any. Bon. owm'sl~l] pay fl-.e~ obligations in t~e mann~ prodded Jfl paragn~ 2. ~ ~n~ ~d ~ ~ ~. Botto~,m'slml[ pay them on Rme d~ctly to the pcr~n owed. l~tymem~ B~ ~1~ ~ m ~ ~ notes o f smoums to be paid u~tm. ~is paragraph. If Bm~ow~ nutkcs these t~n,.ats dix~ctty, Bet~wm' shall !~ shall p~xnptly disclm~e any liep. which lms I~oflty ovm' this Se~ Instrmnent unle~ B~'~w~. (a) agm~ in v~iti~ to the 1w/meat of the ~diStdon secun:d ~y th~ F~en in a -,,,'~r acceptable ~ otl~ hnzan~ h~cbMing_ floo~ or fioadln~ fer wl~h Lmd~' mquiz~ ~uut'm~, Th~ insmln~ shall be mah~n~ In e,-. amounts and ~.tl~ l~fiods O~ Lm~-z~q~it~. Tho Imum~ cm~' ixo~,~._~ t~ hmmsa~ or rop~ of ~ Pr~pe~ dan~ged, i f~e res~e~ or ~r ts ~:onomicnlty f~ble and ~.,~.~s se~,mRy Is not 1,GAB' ZD: 0~0/~097855 ~ ID: 980409785,5 LOAN ID: 080A.097655 LOA~ ID: 0804097855 LOAN ID :0804097855 [Cheek applicable box(es)] [] Adjutable Rate Rider [] Gn~tuated Pt~',nent P, id~ [] Belloon P, idcr 0 Co~himuP, ider U1 1.4 Family Rider [] Plann~dUnitDav~lopmmtEider C] Biw~l~.lyPaym~ntRid~r [] P.a~ImptovememRider [] ,See~dHom~Rid~ BY $1GI',IlN'G BELOW, Bet'mw~- soeepls and a~ees to the ~ and coveluu~a amtaincd in this ~-utiiy Instrument and in any ri~s) executed by l~m~ower snd ~ecet~ed with it. LOAH 'rD: 080/~.0978§5 AFl'ER RECORDING RETURN TO: FaB l~ 10962 RgG0~DI~D l)O~'~gl~S DgPT. LOilq ID: 0g04097855 AC00~:080409785~ .e~DENDIJ'M TO MORTGAGE]DEED OF TRUST/ DEED TO SECURE DEBT/~ECURITY DEED ~ ADDI~/DUM TO MO~.T~AGB/D]~I~D OF TRUSTtDI~D TO 8ECU}~ DEBT~ECORiTY DBED 0dso known *s 'Securlt~ ]nsinunenf')/s n~de 8th dayof SEFT~I~ , 2000 ,~disi~cot~oratcdtnto~nd emends the Security Instnnneut of the ~ dat~ ~tvcn by the unde~igned (th~ ~ower*) m secure Bonov~'s N0~ (~e ~/oto*) m Alliance Fun(t~nG, & D/,vt.s~on of~ Sapor~o~ Bank FSB ,~d,-~, 'Aeceler~fl~; RemedY' cf ~l~m.~ "Lender'* Rlgh~ if Borrower Nslb to Keep Prombes and Agreem~t~,' is su~lemc~f~i by or (~) I~owcr b/ls m n~ko ~/paym~t ~dv~d by a sen/or ~C~ LOAN 10. lt. Paym~t~ for Tn~s and [nsurantt~~ ff ~ot~v~ ~lte ~ ~ ~ ~nt ~R~ "~ ~men~ for ~xu ~ I~' ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE April 18, 2002 ELIZABETH R. MOYNAHAN, BY THE LEGACY TRUST COMPANY, PLENARY PERMANENT GUARDIAN ONE SOUTH CHURCH ST ~KE. EY~ SUITE 101 HAZLETON, PA 18201 ELIZABETH R. MOYNAHAN, BY AMY CAROTHERS, PLENARY PERMANENT GUARDIAN OF THE PERSON 41 SANDRA AVENUE PLATTSBURGH, NY 12901 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official no~iee that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counselin A eric . The name, address and phone.number of Consumer Credit Counseling Agencies serving your Count3' are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800- 342-2397. (Persons with impaired hearing can call (717'~ 780-1869). This notice contains important legal information. If you have any questions, representatives atthe Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADA ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDA SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER CURRENT LENDER/SERVICER: STATEMENTS OF POLICY ELIZABETH R. MOYNAHAN 16 EASTGATE DRIVE, CAMP HILL, PA 17011 00804097855 ALLIANCE FUNDING, A DIVISION OF SUPERIOR BANK FSB LA SALLE BANK NATIONAL ASSOC., ET AL HOMEOWNER'S EMERGENCY MORTGAGE ASS[STANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE 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 meet with one of the consumer credit counseling a~encies listed at the end of this notice the lender may NOT take action against you fo, thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counselinlz agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Agency of its decision on you application. NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it ul~ to date) NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 16 EASTGAGE DRIVE, CAMP HILL, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following mounts are now past due: 6/13/01 thru 4/13/02 at $869.00 per month. Monthly Payments Plus Late Charges Accrued: Attorney fee: Interest on Advances: Insurance: Anticipated CMA Fee: NSF: Insurance: (Suspense) TOTAL AMOUNT TO CURE DEFAULT $10,384.55 $50.00 $118.57 $1,917.03 $75.00 $0.00 $0.00 ($659.26) $11,885.89 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS Do--se if not a~ N/A HOW TO CIJRE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $11,885.89 ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment must be made either by cashier's check, certified check or money order made payable and sent to: SUPERIOR BANK, FSB, ONE RAMLAND ROAD, ORANGEBUR{.i, NY 10962, ATTN: GORDON REILLY, JR. You can cure any other default by taking the following action within THIRTY (30) DAYS oftbe date of this letter. (Do not use if not applicable) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your mortga-'e nronertv. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs· If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees· OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the SherifFs Sale· You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's 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. Cu,~ng your default in the manner set forth in this notice will restore your mortgage to the same positio, as if you had never defaulted· EARLIEST POSSIBLE SHERiFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's · Sale of the mortgage property ~:ould be held would be approximately SIX (6) MONTHS from the date of this Notice· A notice of the actual date of the SherifFs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait· You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER- SUPERiOR BANK, FSB ONE RAMLAND ROAD ORANGEBURG, NY 10962 (800) 451-1093 CONTACT PERSON: GORDON KEILLY, JR. EXT 4067 EFFECT OF SHERIFF'S SALE- You should realize that a SherifFs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the SherifFs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You __ may or XX may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale that the other requirements of the mortgage are satisfied· YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT This is an attempt to collect a debt and any information obtained will be used for the purpose. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. If you notify our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address oftbe original creditor, if different from the current creditor. C01~3ER~ CO~Y HEMAP Counseling Agency List as of 4/1/02 County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Financial Counseling Services of Franklin 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 Loveship, Xnc. 2320 North 5th Street Harrisburg, PA 17110 7172322207 PHFA 2101 North Front Street Harrisburg, PA 17110 800-342-2397 Urban League of Metropolitan Hbg 2107 N. 6th Street Harrisburgt PA 17101 (717) 234-5925 VERIFICATION The undersigned hereby states that he/she is duly authorized to make this Verification on behalf of Plaintiff, the statements made in the foregoing pleading are tree and correct to the best of his/her information, knowledge and belief and un derstands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to nn~wom falsification to authorities. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1sx FLOOR/SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 10/1/00, SERIES 2000-3 PLAINTIFF VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-3187 ELIZABETH R. MOYNAHAN, BY THE LEGACY TRUST COMPANY, PLENARY PERMANENT GUARDIAN ELIZABETH R. MOYHANHAN, BY AMY CAROTHERS, PLENARY PERMANENT GUARDIAN OF THE PERSON DEFENDANT(S) PRAECIPE TO CORRECT DEFENDANT'S NAME TO THE PROTHONOTARY: Kindly correct the Defendant's name from ELIZABETH R. MOYHANHAN to ELIZABETH R. MOYNAHAN, relative to the above matter. Date: July 9, 2002 / GARI~I~ JAVARDIAN, ESQUIRE ttomey~br Plaintiff SHERIFF'S RETURN - CASE NO: 2002-03187 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOCIAT VS MOYNAHAN ELIZABETH R ET AL OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: MOYNAHAN ELIZABETH R BY LEGACY TRUST COMPANY PLENARY PERMANEN but was unable to locate Them in his bailiwick. deputized the sheriff of LUZERiqE County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On August 1st 2002 , this office was in receipt of the attached return from LUZERNE Sheriff's Costs: Docketing Out of County Surcharge Dep Luzerne Co 18.00 9.00 10.00 41.00 .00 78.00 08/01/2002 GREGORY JAVARDIAN R./Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 2g~ day of ~, .... ~ ~2~ A.D. 7 ; Prothonotary! ' SHERIFF'S RETURN - CASE NO: 2002-03187 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOCIAT VS. MOYNAHAN ELIZABETH R ET AL U.S. CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,MOYHANAN ELIZABETH R BY AMY CAROTHERS PLENARY PERMANENT GU by United States Certified Mail postage prepaid, on the 18th day of July ,2002 at 0000:00 HOURS, at 41 SANDRA AVENUE PLATTSBURGH, NY 12901 and attested copy of the attached COMPLAINT & NOTICE with , a true Together The returned receipt card was signed by JOHN K CAROTHERS 07/20/2002 Additional Comments: on Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 6 00 00 10 00 00 22 00 So arl~ers: .~ ~ L R. Thomas Kl-i~e Sheriff of Cumberland County Paid by GREGORY JAVARDIAN Sworn and subscribed to before me this 2J~day of ,~_~ ~2~ A.D. ! on 08/01/2002 In The CoUrt of Common Pleas of Cumberland County, Pennsylvania LaSalle Bank NA VS. Elizabeth R. Moynahan by the Legacy Trust Ccrapany, plenary permanent guardian SERVE: same NO. 02 3187 civil Now, July 18, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Luzerne County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, THURSDAY, JULY 25 ,2002 ,at 10:00 o'clock A. M. servedthe within NOTICE AND COMPT.ATNT IN MORTGAGE FORECLOSURE upon ~LID. BETI1 R. NOYNAllAN BY TItI~ LEGACY TRUST COMPANY, PLENARY P~ -GUARDIAN at ORE SOUTH CHURCqt STREET, HAZLETON, PA by handing to Kamm A. KIgIDERI)IRE - DIRECTOR OF PERSONAL TRUST SERVICES a and made known to tIER copy of the original the contents thereof. So answers, Sworn and subscribed before me this 2,~day,~of ..JI~Y · t ' . ~,- It?.',".. ,20 02 sheriff of LUZERNE County, PA COSTS SERVICE MILEAGE AFFIDAVIT $ 41.00 · Ps~n.t~ your name and - ~t~¢~ ~i$ card t~~'~'~' me ca~ to you erie Eliza~ R. ~ ~ro~e~~, by Plen~ ~i~ of ~e ~on 41 ~a A~nue O~tts~gh' ~ 12901 If YES, enter delivep/address 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 PHONE: {215) 546-7400 FAX: 215-985-0169 AFFIDAVIT OF SERVICE Philadelphia Association of Professional Process Servers B&R I~~ervicea for Professionals In~1 PLAINTIFF(S) DEFENDANT(S) Amy Carothers SERVE AT 41Sandra Avenue Plattsburgh NY 12901 COMPANYOONTROLNO. C5169618A ;ASENO. DATERECEIVED 02-3!07 A,2~,Jet 2!, 2002 Court of Common Pleas Type of Service Civil Action Complaint REFERENCE NO. SERVE BY: September 10, 200 Accepted By: Served and made known to Amy Carothers on the 3rd day of September ,2002 ,at 8:45 o'clock, A. at 41 Sandra Ave., Plattsbu~qi~, NY Commonwealth of Pennsylvania, in the manner described below: ~ Defendant(s) personally served. [] Adult family member with whom said Defendant(s) reside(s). Relationship is [] Adult in charge of Defendant's residence who refused to give name or relationship. [] Manager/Clerk of placing of lodging in which Defendant(s) reside(s). [] Agent or person in charge of Defendant's office or usual place of business. [] Posted [] Other DESCRIPTION AGE 38 HEIGHT 5'3" gIEIGHT 130 RACE asian SEX f~male On the day of , 19 at Defendant not found: .... Moved ,Unknown ,,No Ans o'clock, .Vacant Other DEPUTIZED SERVICE Now, this 21 day of August, 2002, I do hereby deputize the Sheriff of County to serve this and make return therof and according to Law. By (Competent Adult) County Sheriff's Check *** Special Instructions *** Sworn to & subscribed before me this NAME OF SERVER Process Server being duly sworn according to law deposes and says that he/she is process server herein names; and that the facts herein set forth above are true~nd correct to the best of their knowled~~ belief.~ _.,, Z Sheriff ~ ompetent Adult Law Firm Gregory 3aJfardlan, Esquir Attorney's Name Gregory Javardian, Esquire Address 1310 Industrial Boulevard let Floor, Suite 101 Southampton PA 18966 Telephone # 942-9690 O 2000 Philadelphia ASSOC. of Professional Process Servers Rev I Identification # 55669 #etary Public, 8tats ef ID# 4521399 I~e~lding la tho County cf C;~..~.,;;sion Expires Nov $0 ~- A~%EST For Plaintiff PRO PROTHY July 11, 2002 DATE 1 ,,~ 4thdayof Sept .' ~'2~00~. Glenn R. Davis, Esq. Atty ID #31040 Chadwick O. Bogar, Esq. Atty ID #83755 LATSHA DAVIS & YOHE, P.C. P.O. Box 825 Harrisburg, PA 17108-0825 717-761-1880 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION as Indenture Trustee under the Indenture dated as of 10/1/00, Series 2000-3 Plaintiff, VS. ELIZABETH R. MOYHAHAN, by the LEGACY TRUST COMPANY, Plenary Permanent Guardian ELIZABETH R. MOYHNAHAN, by AMY CAROTHERS, Plenary Permanent Guardian of the Person Defendants. No.: 02-3187 NOTICE TO PLEAD TO: Plaintiff, Lasalle Bank National Association You are hereby notified to plead to the enclosed New Matter of Defendant, Legacy Trust Company, to Plaintiff's Complaint within twenty (20) days from service hereof or your Complaint may be dismissed. 78363 Glenn R. Davis, Esq. Arty ID #31040 Chadwick O. Bogar, Esq. Arty ID #83755 LATSHA DAVIS & YOHE, P.C. P.O. Box 825 Harrisburg, PA 17108-0825 717-761-1880 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION as Indenture Trustee under the Indenture dated as of 10/1/00, Series 2000-3 Plaintiff, VSo ELIZABETH R. MOYHAHAN, by the LEGACY TRUST COMPANY, Plenary Permanent Guardian ELIZABETH R. MOYHNAHAN, by AMY CAROTHERS, Plenary Permanent Guardian of the Person Defendants. No.: 02-3187 ANSWER WITH NEW MATTER AND NOW, COMES, Defendant, Legacy Trust Company, Plenary Guardian of Elizabeth R. Moynahan's Estate, and files this Answer with New Matter to Plaintiff's Complaint and, in support thereof, represents: 1. Admitted in part and denied in part. It is admitted that Plaintiff has commenced the instant action against Defendant. After reasonable investigation, Defendant, Legacy Trust 78363 Company, is without knowledge or information to form a belief as to the truth of the remaining allegations contained herein. 2. Denied. The allegations contained herein constitute characterizations of written documents, which written documents speak for themselves. 3. Denied. The allegations contained herein constitute characterizations of written documents, which written documents speak for themselves. 4. Admitted. 5. Admitted. 6. Denied. The allegations contained herein constitute a conclusion of law to which no responsive pleading is required. 7. Denied. The allegations contained herein constitute a conclusion of law to which no responsive pleading is required. By way of further answer, the allegations contained herein constitute characterizations of written documents, which documents speak for themselves. WHEREFORE, Defendant, Legacy Trust Company, Plenary Guardian of Elizabeth Moynahan's Estate, respectfully requests that judgment be entered in its favor and against Plaintiff, together with reasonable costs and such other relief as deemed fair and just. NEW MATTER 8. Plaintiff's claims are barred by the doctrine of unclean hands. 9. Plaintiff's claims are barred due to its failure to mitigate damages. 10. Plaintiff's claims are barred because they fail to state a claim upon which relief may be granted. 11. Plaintiff's claims are barred by the applicable statute of limitations. 12. Plaintiff's claims are barred by the doctrine of estoppel. 78363 3 13. Plaintiff's claims are barred by the doctrine of illegality. WHEREFORE, Defendant, Legacy Trust Company, Plenary Guardian of Elizabeth Moynahan's Estate, respectfully requests that judgment be entered in its favor and again Plaintiff, together with reasonable costs and such other relief as deemed fair and just. Respectfully submitted, LATSHA DAVIS & YOHE, P.C. ~iler~R. Davis, Esq. ~ Atty. Id. No.: 31040 Chadwick O. Bogar, Esq. Atty. ID. No.: 83755 P.O. Box 825 Harrisburg, PA 17108 717-761-1880 Attorneys for Legacy Trust Company, Defendant 78363 4 ~ROM :KRR~NK~ND~RD]NE FRX NO, ~57034555~2 $u,' ~ 0¢~. 2~ 2002 02:2~PM P~ Zl ~UU~ 1~:11 F.~I. 7177~1gg~6 Litsha,~aT~S&¥obe ~001 VERII~ICATION The undersigned hereby verl~es that the statements o_f fact in the -~oregoirt~ docum~t ate tree and corr~t to the best ot~ my knowledge, in~oz'matian and belleL I understand that any false statemerd~ therein ate subject to the penalties contained in 18 I<ar~n A. K~uade~clin~ Direc~r of P~rsonal Trust F, ervices THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 10/1/00 SERIES 2000-3 Plaintiff VS. ELIZABETH R. MOYNAHAN, BY THE LEGACY TRUST COMPANY, PLENARY PERMANENT GUARDIAN ELIZABETH R. MOYNAHAN, BY AMY CAROTHERS, PLENARY PERMANENT GUARDIAN OF THE PERSON Defendant COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTy No. 02-3187 10. PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER Denied. The allegations contained in paragraph eight (8) of Defendant's New Matter are conclusions of law and no response is required. The same are therefore denied. Denied. The allegations contained in paragraph nine (9) of Defendant's New Matter are conclusions of law and no response is required. The same are therefore denied. Denied. The allegations contained in paragraph ten (10) of Defendant's New Matter are conclusions of law and no response is required. The same are therefore denied. 11. 12. Denied. The allegations contained in paragraph eleven (11) of Defendant's New Matter are conclusions of law and no response is required. The same are therefore denied. Denied. The allegations contained in paragraph twelve (12) of Defendant's New Matter are conclusions of law and no response is required. The same are therefore denied. 13. Denied. The allegations contained in paragraph thirteen (13) of Defendant's New Matter are conclusions of law and no response is required. The same are therefore denied. WHEREFORE, Plaintiffprays for judgment in its favor and against Defendant. Dated: October 29, 2002 P~ttorney f~r/Plaintiff VERIFICATION I, Gregory Javardian, attorney for Plaintiff, hereby state that I am duly authorized to make this Verification on behalf of Plaintiff that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Dated: October 29, 2002 .Grfi/~ory .l~v/~i-an, Esquire ~tomey fc{rffl~laintiff THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 10/1/00 SERIES 2000-3 Plaintiff VS. ELIZABETH R. MOYNAHAN, BY THE LEGACY TRUST COMPANY, PLENARY PERMANENT GUARDIAN ELIZABETH R. MOYNAHAN, BY AMY CAROTHERS, PLENARY PERMANENT GUARDIAN OF THE PERSON Defendant COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No. 02-3187 CERTIFICATE OFSERVICE TO THEPROTHONOTARY: I hereby certify that a copy of Plaintiff's Answer to Defendant's New Matter and Counterclaims was mailed to the following individuals by regular mail, first class United States mail, postage prepaid on the date set forth below. Glen R. Davis, Esquire LATSHA DAVIS & YOHE, P.C. P.O. Box 825 Harrisburg, PA 17108 Attorney for Defendant Dated: October 29, 2002 SWORN TO AND SUBSCRIBED BEFORE ME THIS ,~qVxq DAY OF O~ ,2002. NOTARY PUBLI~ .~M' NOTAR AL SEAL ~ TINA E. DOYLE, NotRry Public Cily of Philadelphia, Phila, County J y Commission Expires Nov. 29, 2004 J THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 10/1/00 SERIES 2000-3 Plaintiff VS. ELIZABETH R. MOYNAHAN, BY THE LEGACY TRUST COMPANY, PLENARY PERMANENT GUARDIAN ELIZABETH R. MOYNAHAN, BY AMY CAROTHERS, PLENARY PERMANENT GUARDIAN OF THE PERSON Defendant COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No. 02-3187 ORDER AND NOW, this day of ,2002, upon consideration of Plaintiff's Motion for Summary Judgment and any response thereto, it is hereby ORDERED and DECREED that Plaintiff's Motion for Summary Judgment is GRANTED. AND Judgment is hereby entered in favor of Plaintiff, and against, Defendant, Elizabeth R. Moynahan, in the amount of $112,269.16, plus interest, at the per diem rate of $27.33 from January 30, 2002 until the date of judgment and legal interest thereafter. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 10/1/00 SERIES 2000-3 Plaintiff VS. ELIZABETH R. MOYNAHAN, BY THE LEGACY TRUST COMPANY, PLENARY PERMANENT GUARDIAN ELIZABETH R. MOYNAHAN, BY AMY CAROTHERS, PLENARY PERMANENT GUARDIAN OF THE PERSON Defendant COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No. 02-3187 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT PURSUANT TO PA.R.C.P. 1035.2 Plaintiff, by its attorney, Gregory Javardian, Esquire, hereby respectfully moves this Court for Summary Judgment in its favor and against Defendant, Elizabeth R. Moynahan. In support of this Motion, Plaintiff submits the accompanying Proposed Order, Affidavit and Exhibits, and hereby avers as follows: 1. On September 8, 2000, Ann E. Peragine by Power of Attorney executed a Mortgage in favor of Alliance Funding on behalf of Defendant, Elizabeth R. Moynahan. (A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "C"). The Mortgage was recorded on September 14, 2000 in the Cumberland County Recorder of Deeds Office in Mortgage Book 1638, Page 888. (See Exhibit "C"). The Mortgage is security for a Note executed by Ann E. Peragine by Power of Attorney on behalf of Defendant, Elizabeth R. Moynahan, in the principal amount of $95,000.00. (A tree and correct copy of the Note is attached hereto and marked as Exhibit "D"). The property subject to the Mortgage is 16 Eastgate Drive, Camphill, PA 17011. Defendant, Elizabeth R. Moynahan, is the record owner of the property subject to the Mortgage. ( A tree and correct copy of the last deed of record is attached hereto and marked as Exhibit "E"). Alliance Funding assigned its rights and interests in the Mortgage and Note to Plaintiff by virtue of an Assignment of Mortgage recorded in the Cumberland County Recorder of Deeds Office in Book 689, Page 1361. (A true and correct copy of the Assignment of Mortgage is attached hereto and marked as Exhibit "F"). By Order of Court dated January 7, 2002, Amy Carothers was appointed Plenary Permanent Guardian of the Person of Elizabeth R. Moynahan and the Legacy Trust Company was appointed Plenary Permanent Guardian of the Estate of Elizabeth R. Moynahan. (A tree and correct copy of the Order is attached hereto and marked as Exhibit "G"). 8. Ann E. Peragine's Power of Attomey for Elizabeth R. Moynahan was revoked on January 31, 2002. (A true and correct copy of the Revocation is attached hereto and marked as Exhibit "H"). 9. The Mortgage and Note are in default as a result of the failure to make payments as the become due and owing. 10. The last payment tendered was received by Plaintiff and credited on September 26, 2001. The payment was applied towards the monthly mortgage payment for May 2001. (A tree and correct copy of the payment history is attached hereto and marked as Exhibit "B"). 11. The Notice of Intention to Foreclosure and Notice of Homeowners' Emergency Mortgage Assistance was sent to Amy Carothers as Plenary Permanent Guardian of the Person of Elizabeth R. Moynahan and to Legacy Trust Company as Plenary Permanent Guardian of the Estate of Elizabeth R. Moynahan by regular and certified mail on April 18, 2002. (A true and correct copy of the Notice is attached hereto and marked as Exhibit 'T'). 12. As a result of the default on the mortgage, Plaintiff filed the underlying Complaint in Mortgage Foreclosure on July 3, 2002. 13. An Answer and New Matter was filed on October 21, 2002. 14. On October 31, 2002, Plaintiff filed an Answer to the New Matter. 15. With respect to the issues of default and the amounts due and owing, Defendant merely presents a general denial. 16. Specifically, Defendant states, "[d]enied. The allegations contained herein constitute conclusions of law to which no responsive pleading is required. By way of further answer, the allegations contained herein constituted characterizations of written documents, which speak for themselves." (See Defendant's Answer ¶ 7). 17. General denials by mortgagors concerning the principal and interest owing are considered admissions of those facts. N.Y. Guardian Mortgage Corp. v. Dietzel, 362 Pa. Super. 426, 524 A.2d 951,952 (1987); First Wisconsin Trust Co. v. Strausser, 439 Pa. Super. 192, 653 A.2d 688, 692 (1995). 18. Therefore, Defendant's averments regarding default and the amounts due and owing constitute an admission. 19. The payment history demonstrates that the last payment received and credited on September 26, 2001. (See Exhibit "B"). 20. The payment was applied to the monthly payment due for May 2001 and the Mortgage and Note are contractually past due for the June 2001 payment. (See Exhibit "B"). 21. Plaintiff has not received a payment in excess of one (1) year. (See Exhibit "B"). 22. The affidavit and payment history verify that the Mortgage is in default and the amounts stated in the Complaint are correct. (See Exhibits "A" and "B"). 23. The Defendant has not come forth with any evidence to refute the averments in Plaintiff's pleadings as to the issues of default and amounts due and owing. 24. In the New Matter, Defendant raises the following defenses: unclean hands, failure to mitigate damages, failure to state a claim upon which relief may be granted, statute of limitations, doctrine of estoppel, and illegality. (See Defendant's New Matter ¶ 8-13). 25. Each of the defenses presented in the New Matter constitute conclusions of law and fail to raise a genuine issue of fact for trial. 26. Plaintiff has made out a prima facie case for summary judgment: Defendant is the owner of the property at issue, Defendant executed the Note and Mortgage at issue, Plaintiff is the holder of the Mortgage and Note; the Mortgage and Note are in default as a result of the failure to make payments as they become due and owing, and Plaintiff complied with the notice requirements. 27. Defendant has failed to come forth with any evidence to refute the material allegations regarding default and amounts due and owing. 28. Thus, pursuant 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 of law. WHEREFORE, Plaintiff respectfully requests that its Motion for Summary Judgment be granted and that Judgment in Mortgage Foreclosure be entered in Plaintiff's favor and against Defendant, Elizabeth R. Moynahan. Dated: November 12, 2002 1st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff Exhibit "A" THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 10/1/00 SERIES 2000-3 Plaintiff VS. ELIZABETH R. MOYNAHAN, BY THE LEGACY TRUST COMPANY, PLENARY PERMANENT GUARDIAN ELIZABETH R. MOYNAHAN, BY AMY CAROTHERS, PLENARY PERMANENT GUARDIAN OF THE PERSON Defendant COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No. 02-3187 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S SUMMARY JUDGMENT MOTION AGAINST DEFENDANT I, Jennifer Sells, of full age being duly sworn according to law, depose and say I am a Vice Presidem at EMC Mortgage Corporation, Servicing Agent for Plaintiff, LaSalle Bank National Association, as Indenture Trustee under the Indenture dated as of 10/1/00 series 2000-3, and have personal knowledge of the facts set forth in this Affidavit. 2. The attached payment history is a true and correct copy of the payment history. 3. On September 8, 2000, Defendant, Elizabeth R. Moynahan, by Ann Peragine Power of Attorney executed a Mortgage in favor of Alliance Funding Company. 4. On the same date, Defendant, Elizabeth R. Moynahan, by Ann Peragine Power of Attorney executed a Note in the principal amount of $95,000.00, the indebtedness of which is secured by the Mortgage. 5. The Mortgage and Note were assigned by Alliance Funding Company to Plaintiff by an Assignment of Mortgage recorded in the Cumberland County Recorder of Deeds Office in Book 689 Page 1361. 6. Said Mortgage is now in default as a result of the failure to make payments pursuant to the terms of the Mortgage and Note and to thereafter cure said default. 7. As of January 29, 2002, in accordance with the filed Complaint, the following amounts are owed on said Mortgage: Principal Balance $95,000.00 Interest to 1/29/02 $ 6,135.10 Accum. Late charges $ 695.20 Hazard Insurance $ 1,9t7.03 Interest on Advances $ 67.83 Prepayment Penalty $ 4,750.00 Misc. Fees $ 4.00 Attorney Fee/Costs $ 3,700.00 TOTAL $112,269.16 8. The per diem rate is $27.33 for each day after January 30, 2002 that the debt remains unpaid until the date of judgment plus costs of suit and attorney's fees. 9. Plaintiff has properly credited with every payment made and received by Plaintiff and/or its assignors. Proper amortization of the principal and interest amounts have been calculated. 10. All interest calculations have been correctly calculated from the date of the default and all accumulated late charges and fees have been properly assessed. Despite demand, Defendant has failed to cure the debt as it is presently due and 11. owing. Vice President Sworn to and Subscribed Before me this 28 day Of October ,2002 Notar~ublic Exhibit "B" ~gggggggg 0CT-25-~0~ 16:1'¥ EMC MORTGAGE CORPORATION P.O. BOX 141358 IRVING, TX 75014-1358 REQ BY SUS CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 10/25/02 PAGE 1 ELIZABETH R MOYNAHAN i S CHURCH ST HAZLETON PA 17011 LOAI~ i~ER: 7559198 .......................... CURR~NTACCOUNT INFORMATION ........................ DATE TOTAL PRINCIPAL LOAN CURRENT PAYME~ PAYMENT & INTEREST INTEREST PRINCIPAL ESCROW DUE AMOUNT PAYI~T RATE BATJ%NCE BALANCE 06-13-01 869.00 869.00 10.50000 95,000.00 1,917.03- ACTIVITY FOR PERIOD 05/01/02 - 10/24/02 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION TRANSACTION PRIN. PAID/ ESCROW PAID/ ............ OTHER ............. AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION 10-14-02 00-00 632 STATUTORY EXPENSES 2,000.00 0.00 0.00 0.00 09-26-02 00-00 631 PROPERTY PRESERVATION 8.35 0.00 0.00 0.00 09-10-02 00-00 631 PROPERTY PRESERVATION 7.95 0.00 0.00 0.00 08-28-02 00-00 631 PROPERTY PRESERVATION 8.35 0.00 0.00 0.00 08-28-02 00-00 631 PROPERTY PRESERVATION 7.95 0.00 0.00 0.00 05-07-02 06-01 161 ESCROW ADVANCE 1,917.03 0.00 0.00 1917.03 05-06-02 00-00 745 CORP. ADVANCE ADJUSTMENT 100.00 0.00 0.00 0.00 05-06-02 00-00 745 CORP. ADVANCE ADJUSTMENT 1,000.00 0.00 0.00 0.00 05-06-02 00-00 74S CORP. ADVANCE ADJUSTMENT 65.00 0.00 0.00 0.00 TOTAL P. 04 Exhibit "C" ROBERT P. ZI£GL~*" REOORDER OF D~ED8 CUMBERLANO OOUNTY..pA [Sp~c Above Tab Uae F~ ~b~ om] MORTGAGE ~lt~uco ~&. a Ol~s~ of Superior S~ ~B , ~is~~~of ~ ~ed S~Ces ~ ~ ~) Ora~e~, b York 10962 (e) ~ p~e of~s m~ ~~ ~ ~ ~eN~.F~ m ~ ~, P~t~: BORROWIBI{. CO%~HN~ ti~tt Bm. roNv~ is lawfully se{sed of rite estate he~eby ca{wey,ed a:~{ has the of . _t~o~. _~ Bot. l-ow~ wanants mid will del:end g~nerally the tilie to 0ae Property ~?inst all chdtp~ ~ ~, subjeot to any ~mmbrances of recoil. THIS SE(X]RITY ]NSTR.~ ~ombin~a tmifotm covenants for n&tionsl use mad non-uniform 1. Pn,j~nent of Prlndlml an~ Interest; Prepayment and Late Charges. BotTow~ shall pmnlt~ly l~ty whe~ due d~e pflncip~l ofandlnterest on t~ 5:bt ~wtdt,~ed by tire Note mvi anyv,~i~ ~ 1~ ~ ~ under dm Note. Z. ]~nds for Taxes and lLusurance. Subject to al)p]J~tble hw o~ {o a ~ ~ ~ ~ ~w~ shall pay to Lende~ mt tl~ day mo~y pa~ at~ due ~n~,~__ the Note, un~ the 1~o~ h ~d ~ ~ a ~ ("lqmds") ~ (a) yearly taxes a~d usessments vFfli~ may a~tmia lx~cx~y ov~ ~ds S~2;y hstr~*~.~t u a lien ~xm tim l):upctty; (b) y~ly lcmstlmld ~yzntaxts oa' ~ouncI ,.,h.,., o~ ~ ~,.,p,:zty. if tony; (¢)),~ly lmza~d ~ pa3pe;~5, i~,.wd p.~..hm~s; (d) yc~dy flood in~ ~.~,.~i~ if any; (.) y~rty nxx'tp&~ i~ !~ .~-,~ if any; and (O any roms payable by Bm~wm-to Lmxler, in ~xo_~la:~ vfith ~e ~ of~ ~, tn lieu of dm paymem ofmo~sas~ tnsumn~ p~miums. These items are called '_~-_,,~aw ltems." Lender may, at mqt time, ooltect and ltold Funds in an amount not to ex__,~,fl_ _ th~ maximum mnmmt & le~ler £~ a ~ly related mm~sa~e loan may t~ fe~ Bo~e~s escrow ~coo~nt mxler the federal Re. al Iiatm $cttlm~ent Pp~edu~es Act of t ~4 ~ ~ .%,~ time to tJm~ 12 U.S.C. Se~do~ 2~01 et pq. ('P. BSPA~ ~ ~ law that applies to die PmtHa metro a bssw amounL If so, Lender ma~, at eny t{m~ co/leer and hold Punds inert and rea~omd~e estimates ofex~ of futme Hsm~w Iamm o~ odmenvise in m~mdmtce widm ~ 1,w. and applic*t,~__ law l~m~ts l*,*,,~- to make rmch a c~ l{oweve~, Lende~ may requ~ B~ ~ ~ a unless appScable law p~ovidcs othorwtse, t~ll~s an a~nmeut fs made a applicnble law requires ~ ~ be may mSxce in v,*fltiz~ howov~, that ~t shaft b~ paM o~ the Punds. r ~.~,~- slmll 8iw ~o B~, wi~ut · b~nm3cnt. LOAIi ZD: 0804097855 ALNV roeud M3e Me (,,~ ~ ~*~.fq,,r~ $. Application ofPaymen~ Unleu spplicable Imv i~wides ~ allpaym~ts receiv~i by Lende~ undcr pan~,,~bs ! a~d2 .~udl.*b~ ~]i,~a' first, to anylx~paymmt ~mt~ dvemtder tbcNote; s~ond, to amoums the Note. if any. Bom)wet shall pl~y Ihe~ oblJ~6ens in the mamm~ ~o~lM Jo pa~sml2h 2~ ~ifn~ ~ ~ ~ ~, Bo~ower slmlt ixtythem ont~ne directly to the penon owedllymmt. Bon~wer sha]l~ ~ m ~ all notices of amounts to be l~d under rids pen~.~.h. R'Bottowe~ makcslbese ~.ynmm d~, ~ ~11 Bom>w~ shall ]~omptly discharge any lien which has pdo~ty ove~ this Secu~Ly lmtnnnent unless Bon'owe~. (a) agt~s in w~tln8 to tb~ peymmt ot' tl~ obltsxdon se, cu~ed by th~ lira in · ~ a~ ~ which h ~lu Lend~s opinion opemto to prevent thc c~LFoccement of tim li~n; o~ (c) se~m~ ~t~m tho ~ og~ I~en an qreeme~ salt_ __~-~,~y_. to [~n~*r subordl~nfi~ b llen to this Sec~Jt~ ~ns~z~nont. [f ~ ~ that any j~t of tl~ Prope~y b s~l~ect to a lien which nuy attah ixiofity ove~ ~s Secu~ :Imtmme~, Lender ~nay ~vo Bot~owe~ a nofi~ ~nti~h~g t~ li~. Sottox~r ~stt nti~y tho lien ~ ta~ ~ze ~ ~ of~ ~ S. Hnzard or Prope~ [murauc~. Boaow~. t~mll kf~p the ~...~c, vomonts now ezi~ ~ hatua~ other hn2aflls, inolnd~_ floods or floodin& for which Lend~ requ~s imurmF, e. ~ insuranco ~ be ,,J~n be chosenby Bonower mb.~oct to ~-.-~-~ spprovsl which shell not b* unreasond)ty w~,hheld. H'~to~ AIl insunnce i~_~..~es and renowals droll be ~___ _~.~abte to Leodcr and shall hrJudo a mnda.~ m~ clause. Lender ,d~n_ haw the risf2t to bold tho poltci~ mitencwals, lfLeod~ requ~s. Bom~w~ ~1 ~y glvu ~o Lender all rec~Ms ofpakl fx-emiuna a.~f renow~ malted. ]'n ff~ event olios, Bmrower t~n]l gJ~e pro.'npt or nsl~Lr o flhe Properly danused, i~d~e restoration o~ vcpiir ts economJcnlly feam'ble and Lind. s security is not lesmmed. If the ~Mrafion ~r repddr ts not eeogtc~icaJly feasa'ble o~ Lendeds securJty would be ]e~__q~ed, the Lend~ that d3e i~ ~ ires offered to settle z ,.!nj-% 1hint Lender tony ooUeet 1he Lus~;~.~e prooeeds. LOAB' TD: 080~,097855 I,OA,q ID: 080/~097855 LOAN ID: 0806.097855 affe~ the Properly i~ mcessat7, Boztowe~ shall ~ ~e ~1 ~s~ ~ ~fiom In n~ w~ ~~w. 21. ~a~ R~ ~r sb~ ~ nofl~ M Bo~wff pr~ ~ a~ff~ foE~ under ~apb 17 ~s a~ hw p~m o~ ~d~ sM ~ B~w~ of, ~ o~ ~ (~) ~ ~ ~) the a~n ~q~r~ a ~n ~ ~ (e) wha b dehult ~ ~ eu~ a~ (d) ht hh~ U u~ ~d~ ~ s~ my ~b h a~flon ~&e ~ ~ ~ ~b ~oM. LOA~ ID:080/4097855 ALFA ~ s0~ Mt ;j~q, ;~'p~ [] CondotniniumP,.ide~ [] i-4 Family Rider f-] Planned Unit D~velopmcnl Rider [] Biweekly Payment Rider [] ~ h~o~ ~der [] ~ome Ri~ BY SIGNING BELOW, Bo~'mwm' ,_.~.__c~ls m~d ag~s:s to the trams and coveomtts contained in ~ Security lnstmmcnt and in any rider(s) executed by Bom)wca- and recorded witlt it. LOAtl XD: 080~,-0978§5 ~ 'rD: 0804097855 Ail that certain lot of land situate in the Township of He~0den, County of t~mberland and State o~ Pennsylvani&, ~ ~i~arly ~d~ a~ ~8or~bod .. alo~ ~he ~rthern li~ of ~t NO. ?~ ~ said Plan sou~h eigh=y (80) eight (8) ~nuCes =eh (10) seco~s ~st, one h~red o~ty-Eive ~ one-hu~dt~ {165.62) ~ ~o a ~n~; =h~ce al~ ~he e~sCern Line of S0 on Plan of Sec=~ l-A, ~in~ Ridge Fa~s, No~h three (3) ~rees =w~ty (24) minut~ wes2, ~orty-=~e and e~hty-five one-h~ed=hs (43.85) ~eet ~o ~int; ~hen~ alo~ ~= No. 49, ~r=h 2~n=~-t~ (22) ~e~es ~st ~or~y-t~ e~gh=~*f~ve one-hu~re~=~ (42.8~) ~ee= =o a ~t; thence alo~ the gouthern line of ~c Ro. 75, Plan of $ectl~ 2, Poin~ Ri~e Fa~, No~h slay-eight de,tees east, one hundred sixty (160) f~et ~o Eaat~ate Drlve~ =~nce alon9 ~ste~ li~e of Haetgate Drive, ~u~h twenty-t~ (22) d~es east, f~ve ~d aixty-t~ one-h~dr~ths (5.62] feet to a ~n=; th~ c~nui~ ~ a sout~rly d~xection on a Cu~e to the right ~vi~ a radius of five h~red forty (~40] feet, ~ arc d~stance og one h~dre~ fo~e~ ~ thi~y-e~ght (1~4.38) feet to the ~a~ of BErG ~t ~o. 74, PI~ of Sec=i~ 2, ~int Rl~e F~, H~en To--hip. ~erl~ ~ty, ~ylv~, ea~d Plan ~i~ reco~ed in the ~rl~ ~co~er's O~lce in PI~ ~ 9, ~ge 9. rese~t~io~ es=~l~e~d ~ Ku~in ~. Ltuer ~ ~a 8. ~r, ~s w~fe, 195~ ~ x~d June 11~ 19S~ in =he RecoVer'80E~ice afo~id in Mlscel]~--ous ~k 127, P~e 283. Exhibit "D" ACCOUNT#: 0R0t~097855 BALLOON NOTE (Fixed Rate) Tills LOAN I8 PAYABLE IN FULL AT MATUR_ITY. YOU MU,VT REPAY TRE ENTIR~ PRINCIPAL BALANCE OF ~ LOAJ~ ~ UNPAID INTBIEKqT TEIEN DUE. THE I.F. NDER IS L'NDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WIL[~ THERL~lrORE, BE REQUIRF..D TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A I.~N'DER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WII.~JNG TO LEND YOU THE MOb'I~Y. Ilt YOU R~FffqANC1~ THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALl, OF THE CLOSING COSTS NORMALLY ASSOCIATKD %VITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. 1. BORROWER'S YRO.MISE TO PAY in return for a k~an that I have raceivad, ] promise lo pay IJ~. $ 95,000.00 (thil amount is called "principal'), plum inlerell, Division oi Supe~io: Reek Fa} · I understand that the Lender may tzausfer this Note. The Lond~ o~ anyone who takes this Note by ~ransfet and who is engtled to receive paymen~ tm~r il~s Note i~ called thc "Note Holder.' INTER~b'T Intenna will be charszd on un{~id principal until the fu{{ amoont of principal has been paid. 1 will pay {merest a, a .w. ady tare of 10. 500 %. Tha intcre~ rate requi~cl by this Section 6(11) o~ this 3. PA¥{~NTS (A) Time and Place of Payment~ I will pay principal and interest by rnakhig payments ex, e~ montl~ 1 will make my monthly payments on the 2000 . ! w~. make t~e payments every me,th until ! have paid all of Ihe pfi~ipal and intet~t and any othe~ clm~ges dumcrib~ below ~ 1 may ow~ under thb Note. My monthly paymunte will be applied to interest before principal. If. on SEP~F, BER 1.3, 9015 , I still owe amounts under this Note, ! will pay those ttmounte in full off that date. whirl1 is calle~ the nlt~atm'ity da. re.' ! will make my montldy payn~ at ONE ~.t~g.,~'O ROAD OKA~GE~URG. ~qY 10962 or et · differon! place if required by the Note Holder. (B) Amonut of Man~ly My monthly payment will be in the amount of U.S. $ 869.00 4. BORROWER'S RIGHT TO Pair, PAY I have tie fie~ to halco paymcot~ ni'priz~ptl a~ uny tlm¢ befotx: they are du~. A paym~t of PnnCipal o~y is known ate #prepaymenz'.Whanl makeSlZep~a~etlLlwiilzell the No~ HoMer in writing tha~ l mdoing$o. [ may make s full ~,,-~f,..Tmont or paahl ixepaymentt ~ paying any ~tne~ charge. The No~e Holder will n~e all of my F,,~,kymoute to redm:e the amount of princ~el ~at IxepaymeeL there will be no dange$ in ~e due date or ~e the amens of my montldy payment u~le~ the Note Holder LOAN If a law, wh~h q~liem to this loan and which tea maximum loan cbavg~ ts fin~y hitetpm~ an thai the (i) ~my au~ Inca dearie ~hall be reducexl by zh~ amens e-~ -~"~*~*~*~*~*~*~T to rnduec the dm~ ~o the ~.~.,.;Ued limit; and (ii) any sumo already col~ from me which axeeedad pmnJtted 1!mitt will be refunded m me. The Note HoMer may cbonse to make this refund by reducing the ~L~:lpal ! owe under this .~om e~ by making a direct paymem to mo. It' · r~fund ~duees pri~ipal. I1~ redu~on will be mated as s pertid prepa?monc 6. BORROWER'S FAII~URK 1'O PAY A8 REQUIRED (A) Late Charge got Overdue Paymeat~ I f the No~e Holder has not received the full unrest of any montldy pa~t by tho cad of 15 cak.-adar days afle~ the date it ii due. I will pay of my owTdue payment of pti~ipel and Int~re~l. i will pay this late chi, ge promptly but only o~e ~n each late paym~t. kLOJ (1~) l)er~ulc ]f i do not 1)o¥ the ful! tmotmt of eneh monlhly ~y~ ~ t~ ~ R h due, 1 ~1~ ~ i~ ~u~t. (~ N~ ~ If [ ~ in ~ ~ N~ H~ ~y ~ ~ a ~ ~ee ~ling s~ d~t ~ 3 ~ ~t ~y ~ ovc~ue ~nt by a cc~ain dat~ ~ N~ Ho[~ ~y ~u~ ~ Xo pry im~dittely ~d a~ aH ~ in~t ~at I owe m~ ~t amo~L ~u ~ mu~ at least ~ ~ after ~ ~ on w~ch t~ ~tice ~ deliv~d or ~1~ to me. (D} ~o Waiver By Nate Holder Even ~. at n ~e wh~ l am in ~fnult. t~ Nme Hol~ dcscr~ ~ve, ~ No~ Hol~ ~1 still ~ve ~ fight to ~ Payment of Noto HoiSt's Cos~ and If 1~ N~ HoiSt ~ ~i~ ~ to pay imm~te~ fi~ ~ ~ p~d ~k by me for ~1 of i~ cm~ ~d c~s ~ enfo~i~ t~ Kine to ~ ~mt ~t ~ibJ~d b~' a~li~blc ~w. ~ose c~s ~clt~c, for c~ple, ~a~ble aU~eys' f~s. 7. GI~G OF NOTIC~ given by deliv~ it ~ ~ m~iling it by tim c~ ~il ~ ~ if I ~ivc ~ ~ Hol~r ~ mfice of my ~ff~ ~ ~ no~ ~ m~ be ~v~ m the No(e Hold~ ~ ~ ~ N~ llol~ at ~ ~ ~t~ in ~e6~ 3(A) a~ or a~ a different a~s if t ~nt ~ 8. OBLIGA~O~'S OF P~ONS UNDER ~ N~ ~ ~n th~ N~, ~lu~ ~ ~ to ~y ~ full ~t o~ ~y ~ w~ ~ a ~or, su~ty or ~r of t~s N~ h ~lm ~li~ ~ ~ ~e ~s. ~y ~ of ~ g~, ~ or ~ of ~ No~, ~ ~e. ~e ~ Ho~ may e~ i~ ~ ~ ~is Note a~ ~ ~ i~v~Ry ~ s~ aH of us ~r. ~is mea~ ~t ~y ~ of us ~v ~ ~qui~ to ~y all of fl~c e~m~ o~ ~ ~s N~e. 9. W'A~S I ~ ~ ~ ~ w~ ~ ob~ti~ ~ ~ ~ w~ive ~ fi~ of p~nt a~ notice of ~or. ~t" ~ ~ fi~t ~ ~ ~e Note Hol~r to ~ ~am ~c ~t to ~u~ &c N~ Hol~ ~ give ~id. 10. U~FO~ ~C~ ~O~ ~ Note is a ~ ~nt wi~ ~ ~efi~ ~ mine j~ich~. In ~iti~ to ~ pint,ions ~v~ to ~e Note Hol~r ~d~ ~ Note, a Mo~, ~ of T~ ~d m ~ ~ ~ ~ ~11 of ~1 ~ I owo ~ ~ N~. ~ of ~ ~ns ere ~ ~ foll~: T~er of ~ Pm~y sr a ~fle~ ~ at~~~~f~m~by~j~t. ~ of ~s ~ ~. I~ ~ut ~h~ ~e or ~ ~ ACCOCt;'I' ~f : 080~09 78'~ ADDENDUM TO FNMA NOTE This ADDENDUM TO NOTI~ is made this 8ch day of SI~P~:~BEII , 2000 ~ ~ ~ into ~ ~ a~ ~ ~c N~ Adjus~l~ ~m %o~c ~ Ba~a Nme ~me date, ~d ~y e~iom ~ ~ne~ls of ~t ~'me, giv~ by ~e unde~igncd ("~o~) to AL~e ~ndtng~ a Division of Superior ~a~ ~B ~X~N~c"). In additi~ to ~c a~eem~ ~de in ~c ~o~. ~w~ a~ ~n~ fu~ a~e ~ ~lleon Pa~meut ~an ~ W ~ ~ above ~s ~efl ch~L~. ~e follo~ng ~s~o~ a~ ad~d ~ t~ A. ~IS ~ IS ~AY~LE IN ~LL AT MA~R~. YO[: MU~ RE~AY ~ E~TJ PmN~AL ~CE OF ~E LOAN ~ I~P~ 1~ THEN DU~ ~ ~ UNDERNO OB~GA~ON ~ ~NCET~ ~ AT T~T~ YOU T~T YOU ~Y OW~, OR YOC ~L ~ ~ ~ND A ~D~ WHICH ~Y ~ ~ YOU ~%'E T~S LO~N WIT~ ~'G ~ ~ YOU T~ MONEY, ~ YOU ~NANCE ~IS ~ AT MA~,YOU MAY ~ TO PAY ~ME OR ~L OF ~ C~XG C~ NO~LY ~IAT~ ~H A N~ LO~N IF YOC OBT~ REgIN~CLNG FROM ~ ~ LENDER.' B. ~ "Paymena" ~t~n of ~e Note ~ ~ended by ~[e~g t~ tim ~i~cc ~d r~lac~ it · e foiling ~: ~, ~ f~ ~ f~l ~ ~ ~ ~ the ~t of U~. ~ 869.00 ~nt will ~ U.~ S 79,68~ .07 2. ~ ~ ofl~ N~ cn~fle~ "~w~'s ~m[~ to Pay," is ~d by a~ ~ foll~l~ ~a~ n~cr ~ ~ ~l~e: 'Any ~o~ ~ ~ ~ ~c~y I~t ~ ~ ex~d ~ ~j~cg~ ~ ~ No~ ~ ~ ~H ~ ~ o~ ~e ~bi ~H~on ~ ~s Note.' 3. If ~ Note is ~ ~jusmble m~ Note, ~ ~eclion of ~e No~ ~tl~, "ln~" ii a~d by ~g t~ ~[lowing [an~age at the end of thc s~ ~te~=: 'which, ~t for ~ ~' i~ ~y, will ~ applied to a 3~ ~y ~= co~g~g ~f 12 m~ts ~ 30 ~ e~h. I~r~ will ~d ~1 ~ ~i~l ~s ~en paid in ~l." ~ ~ No~ is ~ a~ble ~tc No~: a) ~ ~cg~ of~c Nae cntitl~, "Psy~nts' (A) "~me and P~ of Payment' ~ ~d by dgegng ~e ~c ~ich ~ 'My ~ly ~n~ ~11 ~ m~y ~ ~ ~ ~ ~t ~ ~ ~e f~ a~ ~ f~ m~ ~ i~e ~ ~ ~t~m ~d ~idJn~ ~ if~ ~ ~ I~ ~e ~1 ~. ~ he ~, co~ ~ ~ e~. ~ c~ c~, N~ Ho~s ~ ~ ~y ~ ~ ~~. ~ of ~ Noe ~ti~ ~ ~ ~ M~ ~ C~a ~) '~!~ ~ ~ce whkh c~aim ~c ~y ~: '~h or my ~ ~y ~s ~11 ~ a~li~ fat e a~ d~ f~ uy ~ ~or ~m~~~c~ten~u~ ~~of IO I]. 12. 13. N~ engtled, ,'Borrow~-'a ~ to Prepa}'" or a~ "~r~wer's ~at [ owe ~ ~s N~."I a~ c) ~ing afl~ t~ ~1 sent~ ~ follo~g . ~cpt ns p~ided in ~e "Loan C~rg~" *cctium (ir any), ~ No~ Ilul~r ~s any c ~ con~d ~ ~g~ ~ ~s I~ ~ ~g~ of ~ Note ~n~tle~ ~ ~ C~es~ (if any) is ~ded by ~lng to ~e ~ of ~ fi~l ~e~e the foltowing ~ ~e S~le of A ~izvn~. a prov~ion is added Io ~e No~ ~ follows: S~ The Adda:anol Sus~s sl~ll c~i~ of~l fee~ ch~ge~ g~s, ~inp ?rs~t to ~i! ~ o~e. the Secufi~ ~t acing ~s Note ~ any ~r ~t · e ~te ofAnzc ~a ~a( may limil the m~imum ~t afin~st to ~ c~rg~ ~h ~ to this only." ~ ~c~on of ~z Note cn~, "~te C~e for ~erdae Payment" b a~ by ~ng ~ s~io~ of ~1~ Nole enti~, 'Na~ ef DarnelS" ~ "Unlfa~ by a li~ on ~=I ~rop~ny ~n t~ ~te Ir ~is b an ~u~abk rat~ No~, ~cn the sumach ~titl~ "Tr~er of ~e Pro~rty or a ~c~l lnte:~.~ ia Borruwer~' is ~ded by ~leg~ ~e provj~ ~ Io a~umplion of ~ ~m~ o~ t~ Note c'ngtled, "Payment of No~ Hol~r's Costs ~ Expose," ~tire~ s~ ~ t~[~laced by lie fol~wing la--ge: ~it~d, "Waivers," is de,md ~d ~d to ~ ~ follows: "~D~ON~. SERVIC~G PE~: In addison Io cha~ ~cifi~ e~w~ ~ I~:08~097855 cermectinn v~th this loan: an). fees imposed by the Le~et's dischuge or sa~faation o1' lion(s) (whether upon payment in 6~11, aceeleeafion or maturity); payoff' quctedeimrge~; defive~, nlm'Sea; impecdon fee~ payment history charges ~d/or any otbor scrvking fees listed in I~e schedule of fee~ in effect ~ the t~rne the charge is incurred." 15. A provision is added to the Note as follows: "APPI.,ICA~L~ L4,W. T~i~ Note sKal] be governed by federal ]aw and, to the extent not ~n;onsistcnt wi~ or more ~s~cfiw than federal iow or regulation governing ~he Tender, tin: laws of the ju~sdiction in v,'kich the pz~erty do~'med in the Security Instrument u the "Prope~ is ineatod. In the event cfi conflict be~.,een any provision o£Lt~ Note end any such Iow or resulotion in effect ns o£ the dele of this Note, such law or te~uhlion shall eomrol to the extent o£ ~uch conflict and the conflic6ng provision contained in 0~ Note shall be widmut cftc'ct. AIl other provisions of this Note will remain folly effective and enforceable.' B. In the gtate of Minnesota, a provision is added to thc Note as follows: "The internal tote on a second mortgage loan is governed by Minnesota Statutes Seetinn 47.20, 47.2 I and 12 C.K IL .e~:tion 560.110(h).' 16. A. If thc box below has been checked, thc section of the Note enUtlcd, "Borrower's Right to Prepay" or ollerm~ely "Borrower's Payments Before They Are Due," is deleted in its entirety and replaced nth the following language: ~, "BORROWER*S RIGHT TO PREPAY; PREPAYME~'TC~ARGE. I have t~ tight to m~kc payments of principal at any time berne they ate due. but ~e Note Holde: mey apply a~y tendered payments £a%t to any amounts then doe and owing under this Note or undat the Sec'try Ir~trumem and than to principal not yet due. A payment of prin~ipul only L~ known as at "p,~aymenL" ,6. prepayment o£ uti of th~ unpaid principal is knovm as n 'full prepaymenL* A prepayment o£ouly part of I~e ~npai& principal is known as a "partial prepa~enL" If I make n per,al prepaymnnl and leis Note is a f~'d rate Note, ~ will be no cltengcs in the due dates or amoun~ of my montMy payments unless the Note Holder ~grees m ~ to tbe~e changes. If I make a partial prepayment and this Note is an ad. fustelge rate Note, d~ere will be no changes in the due dates or amounts of my subsequent scheduled monthly payments until thc first payment due aRer the first Change Date following my partfitl prepayment unl~ thc Note Holder ag~es in V,T~tin8 tO those changes. If this Note is an adjustable rate Note, my par~&l prepayment may r~lucc the tonount of my monthly frayraents after ~ .qtst Change D~e following my' pa~ pr~ym~nt, but any suchreductionmay be off. sat by sninte~stratc increase. If the sgsregnlenmoont ofpeineip~l prepaid in any t,velve (12) month period exceeds t~cnty percent (:~0%) of the original principal antotmt of Note dot~ng the fu'st 3 ye~ra commencing from ~5c date of this Note, then as consideration for Ifie acceptanceof such prepayment, and tn addifim~ to any o~ne~ ~ payab~: hereunder, to pay to the Note Holder a prepayment chatse equal to 5 % of the total amount ~l. I will pay lhis prepaymcnt charsc whether prepayment is voinntaty or L~e result of aceelera~ion doc to my default ander this No~e or the Scoari~ [milmllcnL E.xcepl as provided in Ibc ~ onti/k,d, *Loan Chariest" the Note Holder cams any ~ fum~cc charge at thc t~ue ~ inau is made end no pan o£it will be refmx~ed if I p~y in f~tl she,d of schedule.* Check box if q~plin~blc: I'-] This p~paym~t dm'b~ does not ~ ff ~ prepaymc, n~is ~be r~ult of my roftoanclng of this loan with Ihe Lender or on aftilisle of the Lender. iT. LOAN II~: 080~0~7855 Exhibit "E" GRANTOR AND ROBERT F. HOYI~tdOAN and ELZZA~(TH R. HOYY~%I~B{, ~ts wlYe, ""' **: ** ·: GRAHTEC_S 'FORTY 32X TR~O NiNE H~O ~Hg NO~OO--~ ................................. ...... ~ ................................................. ' '.~li that corceln'lot of land S~tua~ tfl ~e T~nshfp O~ fl~defl, ~un~ Cu~erla~ and. S~at~ of .P~sylvanfa~ ~re Par~cul~P1y ~O~dl~ and · ~s follows, to 'Nit; ' . .... described ~een ~ts ~s. 73 and No. 74, Plan o~ Section Z . ~.~ ~/ ?~s ten (10) seconds ~. One hu~-~fl*e]~ EBO) deg~es N= 50 =n Plan of $~¢tlon ~ A~ Point Rtdge F~ twenty four 24 ml , or~ ~Pee (3 d ( ) nutes west fo - ) egP~s ~oCth s~x~-etghC (68) dag~e~ ~'~fl:~-~-~e~1~n ~-~9~nt Rtdge ~lVe; th~ce 410flg. the western 1tn~ ofTM ~l~Cy (~OJ feet ~ hst ate ~ --- --c'nMnu~s (b.6Z) feet ~0 ' contYn~ng ~n · ;ou~er]~ dlr~tton off a curve of ffv~ headed ~Orty (540~ f~P ........ to ~e ~g~t havtng 4 .~E]HG Loc Ho. 74, ~lafl o~ ~eC~aA 2, Potnt ~4dge ~s, ffam~dcn Township, . C~erla~ Count, P~flIylvIAta. said Plan befflg receded In ~e C~berland Coun~ Record?'s 0ff~ce Iff Plan Book ~ · Page ? . ~ betng ~e si~ P~elses -h~ch'J~ E. 0beton ~nd ~P~belle ~. 0be~n, his wS~e. b~ theJP dleo dated Febnlr~ 4. 1974. ~Ad recorded ffl the Office of the Rec0~der.of 0earls fn and fo~ Cumberland Coun~Z. ~enn$~lviflfO, In OHd ~ok~ . Vol~ %~'. PaDety~. gPIA~ed lad conveyed unto Narwhal1, F. hc~n. Obe~n, Grifl~r SAiO loc Of land ghill be sub~ect ~ the pro~fve covenants, restrlctto,Ls ~d ~eServa~ofls es~bllsh~ by Ku~ln H, Leuer and Eva 5. Lauer, his respect to lands sh~n on S41d p]Ofl by an tnstr~ent tn wP~tiflg ~te June 6. 1957 and recorded June 11. 1957 tn the Recorder s Offtc~ af~sald I, Htscellan~us ~ook 127. Page 2~3. ' Exhibit "F" .S£OORDER OF DEEDs !,~ ERLAND COUNTY- ASSIGNMENT OF MORTGAG~2 ~0 9 ~ 11 03 Know ~1 men by t~ presents, ~at Alliance Funding, a Division of Supe~r Bank FSB of One Ramland Road, Orangeburg, New York 10962 , · e, check ~ applic~le ~ [~e momgagee] ~ [ ~e ~sigu~ of ~e mo.gag~] n~ in a ce~in indenture of mo~gage bering date of SEPT~BER 08, 2000 made ~d ex~ut~ by ELI~ETH R MO~ to secure payment of the principal sum of $ 95,000 00 and duly recorded in the office .for recording of deeds in and for the County of CUMBERLAND in Mortgage Book No. /6, .,~ fi/ , page on 9/¢~d~aI .,. for and in consideration of the sum of ten dollars paid by , lo Bank National Association, as Indenture ~rustee Ilnder the Indenture, dated as of Io~,~ Series ~. (hereinafter called "Assignee") at the time of the execuuon hereof, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, assign, transfer and set over unto Assignee and assigns, all its right, title and interest in said indenture of mortgage. Also the bond or obligation in the said indenture of mortgage recited, and all moneys, principal and interest, due and to grow due thereon, with the warrant of attorney to the said obligation annexed. Together with all rights, remedies and incidents thereunto belonging. And all right, title, interest, property, claim and demand, in and to the same: To have, hold, receive and take, all and singular the bereditaments and premises hereby granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee and assigns, to and for Assignee's only proper use, benefit and behoof forever; subject, nevertheless, to the equity of redemption of said mortgagor(s) in the said indenture of mortgage, and his (her or their) assigns therein. In witness whereof, the aforesaid assignor hereunto sets its hand and seal thisl5thof SEPTEMBER 2000 SECURED PROPERTY: 16 EASTGATE DRIVE CAMP HILL, PA 17011 MUNICIPALITY INWHICH SECURED PROPERTY IS LOCATED: TOWNSHIP SEE ATTACHED SCHEDULE 'A' OF ~HAMPDEN PA ASSIGNMENT OF MORTGAGE (2/06/97) SHORT FORM PAGE I OF 2 ~ ID: AY. DA 0804097855 AS~ITA.PAM ~oox 689 P,~r;Et36t TAX ID: 10-19-1598-087 SOSAN AUGIENELLO, ~ASS~T SECETARY SEAL - It is hereby certified that the address of the Assignee is By:, 135 SOUTH LASALLE STREET, SUITE 200 CHICAGO, IL 60603 STAR]EOF NEW YORK COUNTY OF ROCKLAND On this, the 15th day of SEPTEMBER , 2000, before me, EILEEN T. ROSE , the undersigned officer, personally appeared J.A. SORICELLI who acknowledged himself/herself to be the VICE PRESIDENT of Alliance Funding, a Division of Superior Bank FSB a corporation, and that he/she as such officer being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself/herself as such officer. In wimess where°f, I hereunto set mY hand and °ffici~.~L~. T~- State NewYork NO'fAHY PU~LIC. NO 60,IT155 Notary Public of · i - ~ in ~(~kl[ nd Coun~ August 7, 2001 My commission expires. Caren Record and Return to: SUPERIOR BANK FSB ONE RAMLAND ROAD ORANGEBUR6, NY 10962 ATTN: RECORDED DOCUMENT DEPT. PA ASSIGNMENT OF MORTGAGE (2/06197) SHORT FORM PAGE 2 OF 2 LO~ ID: AKDB 0804097855 ASG017A,PAM 689 tg62 ALTA Loan Pollc*¥ ' MORTGAGE TITLE .INSURANCE POLICY SCHEDULE A CONTINUED Policy No. 39 0247 107 00010801 File No. PACU0800621 Legal Description All that certain lot of land eltuate in the Township of Hampden, County of cumberland and State of Pennsylvania, more particularly bounded and descrlbed as follows, to wit: BEGINNING at a point on the western line of East~ate Drive at the dividing line b~twe~n Lots Nos. 73 and No. 74, Plan of Seotion 2, Point Ridge Farms; thence alon~ ~he northern line of Lot No. 73 on said Plan south eighty .minutes ten (10) seconds west, one hundred sixty-five and sixty-two one-hundredths (165.62) feet to a point; thence along the eastern line of Lot Section l-A, Point Ridge Farms, North three (~} degrees twenty four (24} minu~es west, forty-three and eighty-five one-hundredths (43.~5) fee~ to a point; =hence along ~ot No. 49, North twenty-two (22} d~L~ees west foz~y-two and eighty-five one-hundredth~ (42.85) feet to a point; thence alon~ the southern llne of hot No. 75, Plan of SectiOn 2. ~otnt R/dge Farms, North sixty-eight (681 degrees east, one hundred sixty (160) feet to ~as~ate Drive; thence along the western line of ~astgate Drive, South Cwen~y-~wo (22} degrees east, fiv~ a~d sixty-two one-hundredths (5.62) feet to a point; thence continuing in a southerly direction on a curve to ~he right havin~ a radius of five htmdxed forty (SA0) feet, an arc d/stance of one hundred fourteen and th/try-eight one-hundredths (114.38) feet to · th~ place of BE~INNI~K~. BEING Lot No. 74, Pla~ of Section 2, Point Ridge Farms, Hampden Tovalship, Cumberland. County, Pennsylvan/a, said P~anbeing recorded in the Cumberland Recorder,s Office in Plan Book 9, page 9. SAID lot of land shall be subject to the pretectiv~ c~venants, restrictions and r~servat~one establisheclb~ Kurvin W. ~auer an~ Bye S. ~auer, his wife, with reepeo~ to lends show~ on said plan by an instrument Xn writin~ dated J~ne 6, 1957 and recorded June 11, 1957 in the Recorder's Office aforesaid in Miscellaneous Book 127~ Page I Certify this to be recorded In Cumberland County PA Recorder of Deeds Exhibit "G" FROM LEGACY BANK HAZLETON (WED) 4 3 2002 7:24/ST. 7:24/N0,5011415765 P 3 LEAH ELIZABETH MOYNAHA~ an alleged incapacitated p~son IN TH~ COURT OF COMMON PLEAS OF CUMBERI.AlqD COUNTY, PENNSYLVANIA ORPHANS COURT DMSION NO. 21-98-909 FINAL ORDER OF COURT APPOINTING PLENARY GUARDIAN AND NOW, this"~ % of ~''~ ~(J~ ~., 2002, a hearing in ~s c=e ~ng bc= held on I=~ 7, 2002, =d it ~g to ~e Co~ ~st L~ ~L~ MO~~ w= s~ wi~ a Ci~on md No~ce offs h~ on D~mb~ 5, 2~1, md ~e Co~ ~ds ~t ~c phyiic~ or m~ ~fion of L~ BL~BTH MO~~ wo~d be ~ed by h~ pt~c at he~!, md ~ 6~ ~m ~c t~0ny: I. ~ LE~ EL~E~ MO~~ ~ff~ ~m ~l,~e~'s Dis~e, a condition w~ch W~y ~p~s h~ c~iW w ~ve ~d ev~te in,ration ~vely ~d to m~o ~ ~ca~ d~hi~ ~nc~ing h~ ~g~t of ~ci~ ~ or ~ m~t ~al ~~ ~r h~ ph~i~ h~ ~ s~. 2. ~t &~ ~ ~~t sup~ article 'to ~sist L~ R~.I7~E~ MO~~ in s~h ~o~ ~d ~t ~ ~ no o~ less ~c~ve ~five m~sm. for d~sion-~g. 3. ~t b~ed on &e tote i~ ofLE~ ELIZ~E~ MO~~ to ~ve ~d ev~te in~t~on ~d to ~e or coracle d~isio~, a pl~ ~ of &e P~on ~d a plm~ G~ of ~ ~ ~e ~ on a pemt~ b~is. NOW, .~FO~, b~ed on ~o cle~ ~d ~n~c~g ~d~ s~poffing ~o forgoing ~in~ it is O~E~D, ~GED ~d DE~ED &~ LE~ EL~E~ MO~~ FROM LEGACY BANK HAZLETON (WED) 4 3 2002 7:24/ST. 7:24/N0,5011415765 P 4 be and is hereby adjudged a totally incapaoitatecl person, and Amy Carothers is appointed Plenary Permanent Guardian of the Person, and Legacy Trust Company is appointed Plenary Permanent Guardian of thc Bstatc. As Plenary Permanent G~rdian of thc person, Amy Carothcrs has thc authority to makc mcdical ~eatmeat decisions, including decisions to authorizc, refuse, or medical procedures, and to access all LEAH EL~.ABETH MOYNAHAN's medical records, includin_~ but not limited to psychiatric records. An Inventox7 must be filed within ninety (90) days. A report by each Guardian shall be filed within 12 months and annually there~cr. LEAH ELIZABETH MOYNAHAN, an incapacitated person, has the right to appeal this Order of Court by filing exceptions within ten (10) days of this date or to petition this Court for a reView hearing to modify or tzrwi,~te the guardianship herein established. LEAH ELIZABETH MOYNAHAH was not prcaent at this hearing on appointment of a guardian then petitioncr shall serve upon arid read to LEAH ELIZABETH MOYNAHAN the Statement of Rights, a copy of which is Attached to this Order as Bxhibit "A", and file proof of such scrvice with this Court withi,, ten days. FROM LEGACY BANK HAZLETON (WED) 4 3 2002 7:24/ST. 7:24/N0.5011415765 P ELIZABETH MOYNAHAN an alleged incapacitated person : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS COURT DMSION : NO. 21-98-909 : On the Petition of Marielle F. Hazcn, attorney for the alleged incapacRateA person STATEMENT OF RIGHTS UPON APPOINTMENT OF A GUARDIAN AN ORDER HAS BEEN ENTERED WHE~F~Y YOU HAVE BEEN ADJUDICATED AN INCAPACITATED PERSON AND UNABLE TO CARE FOR YOURSELF AND/OR MANAGE YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S DECISION WITHIN TEN (10) DAYS OF THE DATE OF THE COURTS ORDER. IF YOU FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME FINAL. IN THE EVENT THAT YOU FILE EXCEPTIONS AND THEY ARE DENIED, YOU HAVE A RIGHT TO FILE AN APPEAL TO THE SUPERIOR COURT WITHIN THIRTY (30) DAYS OF TEE DAT]i OF TKE DENIAL OF TEE EXCEPTIONS. IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME TO MODIFY'OR TO TF2.MINATE THE GUARDIANSHIP IF THERE IS A CHANGE IN YOUR CAPACITY OR IF YOUR GUARDIAN FArLS TO PERFORM HIS/H~R DUTIES IN ACCORDANCE WITH THE COURTS ORDER. IF YOU 'WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO MODIFY OR TERMINATE THE GUARDIANSHIP, YOU HAVE TI2fE RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF YOU DO NOT NAVE AN ATTORNEY, ~ COURT MAY APPOINT OlffE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN ATTORNEY, ~ SERVICES OF AN ATTOP`NEY V~-IOM TIlE COURT MAY AP?OINT FOP. YOU MAY BE PROVIDED AT NO COST TO YOU. Exhibit "H" FROM LEGACY BANK HAZLETON (WED) 4 3 2002 7:25/ST. 7:24/NO, 501141E, 765 P 6 REVOCATION O1~ POWER O1~ ATTORNEY I, LEGACY TRUST COMPANY as Gnardian of the Estate of Leah Elizabeth Moynahan, do hereby revoke the Power of Attorney appointment of ANN E. PERAGINE of Camp Hill, Pennsylvania. This R~VOCATION is effectivc on the date of signing and notice ofth/s termination of Power of Attomcy will be made by delivering or mailing a copy of this revocation to Austin Gm/gan, Esquire, attomcy for ANN E. PERAGINE by First Class Mail. ANN E. PERAGINE shall rel/nquish to Legacy Trust Company's full control any prop~3, of LEAM ELIZABETH MOYNAHAN in her possession or con~'o] within two weeks consistent with an orderly transfer thereof. ANN E. PERAGINE's deposit of funds or intangible or tangible personal property in accoun~ or safe deposit boxes titled in the name of LEAH ELIZABETH MOYNAH4.N at any bank, m~st company, ~avings and loan institution~ brokerage fu'm or depository shall, after notice to Legacy Trust Company of such deposit, constitute relinquishment of full control, and ANN E. PERAGINE shall have no furth~ respons~ility for funds so deposited. Notification to financial institutions of the revocation of Power of Attorney wild be made immediately. od this ..~ day of_~~~ 2002. __ Witness: B~/~16e Paese, President COM!VIONW~ALTH OF PBNNSYLVANIA : I_~, ~.~.,~' : S$: COUNTY OF D~ : On this .ff/..~r day of -~'~,q~4,~ ,2002, before me the undersigned officer, personally appe~ed LEGACY TRUST COMPANY, by Joe Pae~e, Pre~ldmt, known to me to be the person whose name ~ subscribed to the foregoing instrument, and acknowledged that he executed it for the purpos~ therein contained. Witness my hand and official seal the day ami year aforesaid. Exhibit "I" · Complete items 1, 2, and 3, Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addreseed to: ! 2. Article~l~mber ! (Transfer from service label) J~ B. Recelved by ( Pdnted Neme) l C. De, te of Delive~ D. Is delive~y address diffemnt from itern l? r-I Yes If YES, enter delivery address below: [] No 3. Service Type  Certified Mail [] Express Mail Registered [] Return Receipt for Merchandise i-'l Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] yes 7001 1940 0000 9348 9588 ! PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-2509 i · Complete items 1, 2, and 3. Also complete ~ item 4 if Restricted Delivery is desired. i · Print your name and address on the reveme [] Agent so that we can return the card to you. : · Attach this card to the back of the mailpiece, : or on the front if space permits. I 1. A~ticle Addressed to: . ~ ~ D. Is delivery address different from item 17/~ Yes I ~ ' ~J'~~~l If YES, enter delNe~Y address below: [] No I 3. Service Type I (~~' J [] Registered [] Return Receipt for Merchandise ...... ~ '; 2. _~ 4. Restricted Delivery? (Extra Fee) [] Yes ~ Article Number (Tra~sf~f~mserv~'ce~eO 7001 1940 0000 9348 9571 PS Form 3811, August 2001 Domestic Return Receipt 102595-01 -M-2509 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE April 18, 2002 ELIZABETH R. MOYNAHAN, BY THE LEGACY TRUST COMPANY, PLENARY PERMANENT GUARDIAN ONE SOUTH CHURCH ST ,REET~ SUITE 101 / HAZLETON, PA 18201 ELIZABETH R. MOYNAHAN, BY AMY CAROTHERS, PLENARY PERMANENT GUARDIAN OF THE PERSON 41 SANDRA AVENUE PLATTSBURGH, NY 12901 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counseling Agency. The name, address and phone-number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800- 342-2397. (Persons with impaired hearing can call (717) 780-1869). This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADA ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDA SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER CURRENT LENDER/SERVICER: STATEMENTS OF POLICY ELIZABETH R. MOYNAHAN 16 EASTGATE DRIVE, CAMP HILL, PA 17011 00804097855 ALLIANCE FUNDING, A DIVISION OF SUPERIOR BANK FSB LA SALLE BANK NATIONAL ASSOC., ET AL HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE 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 meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of. designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your defaul0. If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Agency of its decision on you application. NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT {Bring it up to date) NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 16 EASTGAGE DRIVE, CAMP HILL, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 6/! 3/01 thru 4/13/02 at $869.00 per month. Monthly Payments Plus Late Charges Accrued: Attomey fee: Interest on Advances: Insurance: Anticipated CMA Fee: NSF: Insurance: (Suspense) TOTAL AMOUNT TO CURE DEFAULT $10,384.55 $50.00 $118.57 $1,917.03 $75.OO $o.oo $o.oo ($659.26) $11,885.89 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS {Do not use if not applicable): N/A HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $11,885.89 ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment must be made either by cashier's check, certified check or money order made payable and sent to: SUPERIOR BANK, FSB, ONE RAMLAND ROAD, ORANGEBURG, NY 10962, ATTN: GORDON REILLY, JR. You can cure any other default by taking the following action within THIRTY (30) DAys &the date of this letter. (Do not use if not applicable) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance &this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment &the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your mortgage orooertv. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. I__f you cure the default within the THIRTY (30} DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's · Sale of the mortgage property Could be held would be approximately SlX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender· HOW TO CONTACT THE LENDER- SUPERIOR BANK, FSB ONE RAMLAND ROAD ORANGEBURG, NY 10962 (800) 451-1093 CONTACT PERSON: GORDON REILLY, JR. EXT 4067 EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may or XX may not (check one) sell'or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale that the other requirements of the mortgage are satisfied· YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT o This is an attempt to collect a debt and any information obtained will be used for the purpose. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. If you notify our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. CUMBERL~ COUNTY HEMAP Counseling Agency List as of 4/1/02 Adams County Housing Authority ~L39-1~t3 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Financial Counseling Services of Franklin 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 Loveship, Znc. 2320 North 5th Street Harrisburg, PA 17110 7172322207 PHFA 2101 North Front Street Harrisburg, PA 17110 800-342-2397 Urban League of Metropolitan Hbg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attomey for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 10/1/00 SERIES 2000-3 Plaintiff VS. ELIZABETH R. MOYNAHAN, BY THE LEGACY TRUST COMPANY, PLENARY PERMANENT GUARDIAN ELIZABETH R. MOYNAHAN, BY AMY CAROTHERS, PLENARY PERMANENT GUARDIAN OF THE PERSON Defendant COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No. 02-3187 CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Plaintiff's Motion for Summary Judgment was mailed to the following individuals by regular mail, first class United States mail, postage prepaid on the date set forth below. Dated: November 12, 2002 SWORN TO AND SUBSCRIBED BEFORE ME THIS NOTARIAL SEAL MARYANN LEVENTHAL, Notary Public J Upper Southamoton Twp., Bucks Count~ J 1~_,~ Commis?'::;~ ~x~ires June Glen R. Davis, Esquire LATSHA DAVIS & YOHE, P.C. P.O. Box 825 Harrisburg, PA 17108-0825 Attorney for Defendant G/ory J~-~l~, Esquire LASALLE BANK NATIONAL : IN THE COU~T OF COMMON PLEAS OF ASSOCIATION, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. : : NO. 02-3187 ELIZABETH R. MOYNAHAN : Defendant : ENTRY OF APPEARANCE TO THE PROTHONOTARY: his Javardian, Esquire for limited purpose of repr~ Plaintiff at Oral Argument on Janua~8, 2()03.~,~/ Date' November 27, 2002 ·Dale F. Shugh~L~, Supreme Court I.D. 35 East High Stre t, Suite 203 Carlisle, PA 17013 (717) 241-4311 The undersigned Dale F. Shughart, Jr., Esquire, hereby enters appearance as local counsel in conjunction with Gregory 7 ting the 3 cc: Gregory Javardian, Esquire Glenn R. Davis, Esquire PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please I i-~t the within matter for the n~t Argument Court. CAPTION OF CASE (entire captionmust be stated in ~,ll) LaSalle Bank National Association, as Indenture Trustee Under the Indenture dated as of 10/1/00 Series 2000-3 Elizabeth R. Moynahan, by the Legacy Trust Company, Plenary Permanent Guardian Elizabeth R. Moynahan, by Amy Carothers, Plenary Permanent Guardian of the Person (plaintiff) (Defer~mnt) No. 3187 Civil ~k 2002 State matter to be argued (i.e., p]m~ntiff's motion for new t~ia], defer~ant's d~m~c~r to co~laint, etc.): Plaintiff's Motion for Summary Judgment 2. Identif7 counsel who w~] ] argue case: e (a) for pi mintiff: ~ess: Dale F. Shughart, Esquire 35 East High Street, Suite 203 Carlisle, PA 17013 (b) for defer~mnt: ~a~ess: Glenn R. Davis, Esquire LATSHA DAVIS & YOHE, P.C. P.O. Box 825 Harrisburg, PA 17108-0825 notify ~11 parties in writing within two days that this case has i-~ted for ~t. 4. Argument Court Date: January 8, 2003 THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 10/1/00 SERIES 2000-3 Plaintiff VS. ELIZABETH R. MOYNAHAN, BY THE LEGACY TRUST COMPANY, PLENARY PERMANENT GUARDIAN ELIZABETH R. MOYNAHAN, BY AMY CAROTHERS, PLENARY PERMANENT GUARDIAN OF THE PERSON Defendant COURT OF COMMON PLEAS TRIAL DIVISION CUMBERL,adqD COUNTY No. 02-3187 CERTIFICATE OFSERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Praecipe for Listing Case for Argument for Plaintiff's Motion for Summary Judgment was mailed to the following individuals by regular mail, first class United States mail, postage prepaid on the date set forth below. Glen R. Davis, Esquire LATSHA DAVIS & YOHE, P..C. P.O. Box 825 Harrisburg, PA 17108 Attorney for Defendant _3 . Dated: November 25, 2002 CD J~di~, ~squir} SWORN TO AND SUBSCR, IB. ED BEFORE ME THIS . DAY OF ]../Ot/'.CtTl.~Z~A/' , 2002. NOTARY PI~LI~ NOTARIAL SEAL [ i MARVAr'"~ LEVENTHAL, Notar~ Public | I[ []DBX ';o.~,hampton Twp.. Bucks CountYl ~ ,-- ...... nExpresJune2 2003 I Glenn R. Davis, Esq. Attorney I.D. No. 31040 Chadwick O. Bogar, Esq. Attorney I. D. No. 83755 LATSHA DAVIS & YOHE, P.C. P.O. Box 825 Harrisburg, PA 17108-0825 717-761-1880 IN THE cOURT OF cOMMON PLEAS CUMBERLAND cOUNTY PENN:SYLVANIA LASALLE BANK NATIONAL ASSOCIATION as Indenture Trustee under the Indenture dated as of 10/1]00, Series 2000-3, Plaintiff, VSo ELIZABETH R. MOYNAHAN, by the LEGACY TRUST COMPANY, Plenary Permanent Guardian ELIZABETH R. MOYNAHAN, by AMY CAROTHERS, Plenary Permanent Guardian : : of the Person, Defendants. : No. 02-3187 MOTION FOR CONTINUANCE TO TAKE DEPOSITION OF ~SSENTIAL TO DEFENSE AND~TO CONDUCT DISCOVERY. AND NOW, COMES, Defendant, Legacy Trust Company, Plenary Guardian of Elizabeth R. Moynahan's Estate, and files this Motion for Continuance to Take Deposition of Witness(es) Essential to Defense and to Conduct Discovery and, in support thereof, represents as follows: 79950 Glenn R. Davis, Esq. Atty ID #31040 Chadwick O. Bogar, Esq. Atty ID #83755 LATSHA DAVIS 8: YOHE, P.C. P.O. Box 825 Harrisburg, PA 17108-0825 717-761-1880 IN THE COURT OF COMMON !PLEAS CUMBERLAND COUNTY PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION as Indenture Trustee under the Indenture dated as of 10/1/00, Series 2000-3 Plaintiff, VS. ELIZABETH R. MOYNAHAN, by the LEGACY TRUST COMPANY, Plenary Permanent Guardian ELIZABETH R. MOYNAHAN, by AMY CAROTHERS, Plenary Permanent Guardian of the Person Defendants. No.: 02-3187 AFFIDAVIT BY PARTY OPPOSING MOTION FOR SUMMARY JUDGMENT SHOWING NEED FOR CONTINUANCE TO MAKE DISCOVERY Karen A. Kenderdine, being duly sworn, states: 1. She is the designated representative for Legacy Trust Company, Plenary Guardian of Elizabeth R. Moynahan's Estate, in the above-entitled action. 79950 2. She makes this affidavit in support of Legacy Trust Company's motion for a continuance of the hearing on the motion for summary judgment of LaSalle Bank National Association until March 1, 2003. 3. Such continuance is necessary in order for affiant to obtain discovery of facts essential to justify affiant's opposition to the motion for summary judgment of LaSalle Bank National Association. Affiant believes that such discovery will disclose, inter alia, that LaSalle Bank National Association has engaged in unfair, predatory lending practices and that as a result the Mortgage and Balloon Note in question are void for illegality. 4. Such facts cannot now be stated because 1) Elizabeth R. Moynahan is incapacitated, and thereby unable to aid in the defense olf this matter, and does not have in her possession any documents related to the Mortgage or Balloon Note in question; 2) the only other person who has knowledge of the instant matter, Elizabeth R. Moynahan's former attorney-in-fact, Ann E. Peragine, upon information and belief, is unavailable and unwilling to participate in the defense of this matter; and, 3) all documents proving that the Mortgage and Balloon Note in question are void for illegality are in the possession of LaSalle Bank National Association. 5. The basis for affiant's belief that discovery will disclose such facts is as follows: At all times material hereto, Elizabeth R. Moynahan, due to her special care needs and severe dementia, has lacked sufficient assets and/or resources to make the monthly payments under the alleged Mortgage and Balloon Note. Nevertheless, 79950 Plaintiff approved a mortgage application for the Mortgage and Balloon Note allegedly made by Elizabeth R. Moynahan's attorney-in-fact, Ann E. Peragine. Dated: Karen A. Kenderdine Sworn to and Subscribed before me this /O day of December, 2002. Notary Public 79950 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing was served by first-class United States mail, postage prepaid, upon the following: Dated: LaSalle Bank National Association c/o Gregory Javardian, Esq. First Floor, Suite 101 1310 Industrial Boulevard Southampton, PA 18966 7995O LASALLE BANK NATIONAL : ASSOCIATION as Indenture : Trustee under the Indenture : dated as of 10/1/00, Series : 2000-3, : Plaintiff ELIZABETH R. MOYNAHAN, by the LEGACY TRUST COMPANY, Plenary Permanent Guardian ELIZABETH R. MOYNAHAN, by AMY CAROTHERS, Plenary : Permanent Guardian of the Person,: Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3187 CIVIL TERM IN RE: MOTION FOR CONTINUANCE TO .TAKE DEPOSITION OF WITNESS(ES) ESSENTIAL TO DEFENSE AND TO CONDUCT DISCOVERY ORDER OF COURT AND NOW, this 30th day of December, 2002, a stipulation having been entered in this matter to continue argument on the Motion for Summary Judgment, the above motion is deemed moot. BY THE COURT, LaSalle Bank National Association c/o Gregory Javardian, Esq. First Floor, Suite 101 1310 Industrial Boulevard Southampton, PA 18966 Attorney for Plaintiff Glenn R. Davis, Esq. Chadwick O. Bogar, Esq. P.O. Box 875 Harrisburg, PA 17108 Attorneys for Defendant Legacy Trust Company :rc LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN, ESQUIRE Identification No. 55669 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF 10/1/00 SERIES 2000-3 Plaintiff VS. ELIZABETH R. MOYNAHAN, BY THE LEGACY TRUST COMPANY, PLENARY PERMANENT GUARDIAN ELIZABETH R. MOYNAHAN, BY AMY CAROTHERS, PLENARY PERMANENT GUARDIAN OF THE PERSON Defendant !C~OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No. 02-3187 PRAECIPE TO SETTLE DISCONTINUE_AND END TO THE PROTHONOTARY: Kindly mark the above-captioned case as SETTLED, DISCONTINUED ENDED. and Date: March 4, 2003 AGio p~~t~fiff 1AN