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Home My WebLink About03-0528Spear & Hoffman, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE Attorney I.D. No. 77558 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 5924736084 PNC BANK, N.A. 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 PLAINTIFF, VS. WILLIAM L.SHEARER, JR PATRICIA F. SHEARER 806 ALEXANDER SPRING ROAD CARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOC :ETNO. C93-- COMPLAINT - CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE 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 defenses 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 AVISQ Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 Spear & Hoffrnan, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE Attorney I.D. No. 77558 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 5924736084 PNC BANK, N.A. 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 PLAINTIFF, VS. WILLIAM L.SHEARER, JR PATRICIA F. SHEARER 806 ALEXANDER SPRING ROAD CARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is PNC BANK, N.A., Authorized to do business in Pennsylvania pursuant to Certificate of Authority #2001055,with its principal place of business located at 9451 CORBIN AVENUE NORTHRIDGE, CA 91324. 2. The names and last known addresses of the Defendants are: WILLIAM L.SHEARER, JR PATRICIA F. SHEARER, 806 ALEXANDER SPRING ROAD CARLISLE, PA 17013. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about DECEMBER 12, 1997, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to PNC MORTGAGE CORPORATION, which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: DATE RECORDED: BOOK: 1422 DECEMBER 12, 1997 DECEMBER 17,1997 PAGE: 411 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5. On or about DECEMBER 12, 1997, in consideration of their indebtedness to PNC MORTGAGE CORPORATION, WILLIAM L.SHEARER, JR PATRICIA F. SHEARER made, executed and delivered to PNC MORTGAGE CORPORATION their promissory Note in the original principal amount of $267,000.00. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ASSIGNOR: PNC MORTGAGE CORPORATION ASSIGNEE: PNC BANK, N.A DATE OF ASSIGNMENT: AS RECORDED RECORDING DATE: AS RECORDED BOOK: AS RECORDED PAGE: AS RECORDED 7. The Mortgage is secured by property located at 806 ALEXANDER SPRING ROAD CARLISLE, PA 17013, which is more particularly described in the legal description attached hereto as Exhibit "B" and incorporated herein by reference. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due AUGUST 01,2002 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. The following amounts are due on the Mortgage: Principal Balance 7.25% interest from JULY 01,2002 to JANUARY 10,2003 at $40.90 per day Accrued Late Charges Other Fees Attorney's Fees TOTAL AMOUNT DUE $205,922.78 $7,934.60 $749.49 $153.40 ~1,934.50 $216,694.77 Interest continues to accrue at the per diem rate of $40.90 for every day after JANUARY 10,2003 that the debt remains unpaid. 10. During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, etc. 11. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 12. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. §403 is not applicable. 13. Pursuant to the notice provisions of Act 91, 35 P.S. §1680.403(c), notice was sent to Defendants, dated. Copies of the notices to the defendants are attached as Exhibit "C". Defendants have failed to meet with the plaintiffor any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 14. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "D". WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest accruing after JANUARY 10,2003 to the date of Judgment, plus 6% legal rate of interest from date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph I0, pursuant to the rights and privileges granted under the terms of the subject mortgage, and for foreclosure and sale of the Mortgaged property. DATE: SPEAR & HOFFMAN, P.A. U'I~ENCE R. CHASH1N, ESQUIRE 4 VERIFICATION I, LAURENCE R. CHASH1N, verify that I am the attorney for the plaintiff in this action and that the foregoing Complaint in Mortgage Foreclosure is true and correct to the best of my knowledge, information and belief. I make this verification in lieu of WASHINGTON MUTUAL BANK, FA SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA ATTORNEY - IN- FACT FOR PNC BANK, N.A. Plaintiff who is outside the jurisdiction of the court and its verification could not be obtained within the time allowed for filing this pleading. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. DATE: t//to/r> ~ LAURENCE R. CHASHIN Attorney for Plaintiff Exhibit 'A " '9'/L~Et: ].'~'. ~'~'1 3 23, ?-071 P 005/005 F-4T8 tA~E Exhibit 'B ' Exhibit "C" Washington . Mutual P.O Box 1039 Northridge, CA 91328-1093 October 21, 2002 *0001731919* William L. Shearer Jr 806 Alexander Spring Rd Carlisle, PA 17013-9182 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end 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 Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes set elegible para un prestamo pot el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT LENDER/SERVICER: William L. Shearer Jr 806 Alexander Spring Rd Carlisle, PA 17013 5924736084 Washington Mutual You may be eligible for financial assistance which can save your home fi:om foreclosure and help you make future mortgage pavmenls if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: if your default has been caused by circumstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOII DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE LIP TO DATE. THE PART OF IHIS NOTICE CALl.ED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BR1NG YOUR MORTGAGE UP TO DATE. Page two 5924736084 CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for fmancial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 806 Alexander Spring Rd Carlisle, PA 17013 IS SERIOUSLY 1N DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 08/01/2002: (b) Late charge(s): (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 10/19/2002: $8,309.40 $635.95 $45.60 $130.20 $8,860.75 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of tiffs letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $8~860.75, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to Washington Mutual at COLLECTION SUPPORT MAIL STOP N010201, 9451 CORBIN AVENUE, NORTHRIDGE, CA 91324. Page three 5924736084 IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, Washington Mutual also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged 9ro~ertv IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY (30)DAY period, you will not be required to pay attorneys' fees. OTHER LENDER REMEDIER- The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such sheriffs sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the SherilTs 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 Name of Lender: Address: Telephone Number: Washington Mutual COLLECTION SUPPORT MAIL STOP N010201, 9451 CORBIN AVENUE, NORTHRIDGE, CA 91324 800-282-4840 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 sheriff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT To sell the property to obtain money to pay offthe mortgage debt, or borrower money from another lending institution to pay off this debt. To have this default cured by any third party acting on your behalf. To have the mortgage restored to the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a calendar year). To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. To assert any other defense you believe you may have to such action by the lender. To seek protection under the federal bankruptcy law. Pager our 5924736084 Washington Mutual is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us in writing at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that 30 day period, we will assume that it is valid. Sincerely, Washington Mutual We are attempting to collect a debt, and any information that we receive may be used for that purpose. Washington Mutual P.O Box 1039 Northridge, CA 91328-t093 October 21, 2002 '0001731920* Patricia F. Shearer 806 Alexander Spring Rd Carlisle, PA 17013-9182 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end 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 Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo pot el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT LENDERJSERVICER: Patricia F. Shearer 806 Alexander Spring Rd Carlisle, PA 17013 5924736084 Washington Mutual You may be eligible for financial assistance which can save your home from foreclosure and help you make future mortgage paymenl~ if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: if your default has been caused by circumstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. Page two 5924736084 CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 806 Alexander Spring Rd Carlisle, PA 17013 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: (a) Monthly payments from 08/01/2002: (b) Late charge(s): (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 10/19/2002: $8,309.40 $635.95 $45.60 $130.20 $8,860.75 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $8~860.75, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to Washington Mutual at COLLECTION SUPPORT MAIL STOP N010201, 9451 CORBIN AVENUE, NORTHRIDGE, CA 91324. Page three 5924736084 IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, Washington Mutual also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY (30)DAY period, you will not be required to pay attorneys' fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such sheriffs sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the 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 Name of Lender: Address: Telephone Number: Washington Mutual COLLECTION SUPPORT MAIL STOP NO 10201,9451 CORBIN AVENUE, NORTHRIDGE, CA 91324 800-282-4840 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 furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT To sell the property to obtain money to pay off the mortgage debt, or borrower money from another lending institution to pay off this debt. To have this default cured by any third party acting on your behalf. To have the mortgage restored to the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a calendar year). To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. To assert any other defense you believe you may have to such action by the lender. To seek protection under the federal bankruptcy law. Page four 5924736084 Washington Mutual is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us in writing at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that 30 day period, we will assume that it is valid. Sincerely, Washington Mutual We are attempting to collect a debt, and any information that we receive may be used for that purpose. PHFA Counseling Network Page 1 of 1 CLICK 8,. GO Good Afternoon[ Today is Nlonday, Dec. 30, 2002 cumberland County participating Counseling Agencies Financial counseling Services Natalie Newcomer (717) 762-3285 HOPE and Pre-C~osing Educationa% Harrisburg Fair Housing Council Christine O'Rockey (7:L7) 238-9540 HOPE and Pre-Closing Educational Weatherization, Inc. Maxine A. WhitseI (8~4) 643-2343 Pre-Closing Educational seminar page 21 of 67 RETURN TO MAP Firs_ t [-Previous I Next I Las_ t me Bu ~er?~p~gram I ~ I ....... % toe / Forms ~~ement I~-u~I Oirection~ J Oisc,la.l_m~},~ -Links I N~ew~S_ I ~~ ~~t ~erest Rates I ~' -- R~OUS~ [ RF~ updated Copyright ~ 2002 ~ ~usi~' October 22~ 2002 1~:42 AM All rights rese~ed- .... , ....... lin~ network/CN 1Pa~e21.html 1 Exhibit 'D' ~ (t'~h~ct) 15" &4'IR DEBT or 3. e debt ~s stated ~ ~:e a~ached letter. '~presents ~:e inte,.~" ~or tI~e creditor ,~ .a[hed le3er is ~e c~'- Undersigned ' i~ ' ~. ~he debt'descr~bed in e le~er · ' ~,mg De v~idi .... ~e debtor, ~,~. .. Ched . 5. 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' ~ LA w GIVEs YOU T~TY DA YS A F~ YOU ~CEWE THI~ NOTICE To DISPUTE ~TIL T~ E~ OF T~ TI~ LA W DOES NOT REQUI~ ~A T WE WAIT T~ TY-DA y PE~OD HOWRVRR~ ~OU REQUEST p TO C~DITOR WI~IN ROOF OF T~ D~BT~NT~E ~TH T~ SUB.CT LEGAL ACTION- LE~ER, THE LA W REQUmE$TI ~DAY PEmOD THAT BEGiNS UqTH YOUR REcEIPT OF ~IS ~TH~R WISE) TO TIeA T WE SUSPEND OUR EFFORTS (THROUcH LITIGATioN COLLE~ TIIE M ORTGA GE AND UNDER THE SUMMONS ', r~_ ..._ THE A~ACItED COMPL H~ ,x~M U ESTED E~, YOU ' ~ q ST VALI OL~T ~ ~DER NO OB ' DATION OPT . ~TIL WH ~- LIGATION T~ ~_ HE DEBT ~ ~ ~- · ' ~'POND WITH ~ L~ ~I'OND TO Tr4~ z' ~ ' 1' ~'f~en reques~ should' ~ ' ' ~ No~ Kfl~gs 8U~te 21 O, Ch ~, ,,.,, - be addressed to . . ~ ' e,,~ ~u~, M 0~034. Spea~ & Ho~an' P A, at I OD: ' SHERIFF,s RETURN _ CASE NO: 2003-00528 p COMMONWEALTH OF COUNTY OF PENNSYLVANIA: CUMBERLAND PNC BANK NA REGULAR VS SHEARER WILLIAM L JR ET AL RICHARD SMITH _, Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn says, the within COMPLAINT -MORT FORE SHEARER WILLIAM L JR DEFENDANT , at 1518:00 HOURs, on the at 806 ALEXANDER SPRING ROAD CARLISLE, PA 17013 PATRICIA SHEARER, WIFE by handing to a true and attested copy of COMPLAINT _ MORT FORE according to law, was served upon the 12th day of ~, 20__q~03 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 5.52 .00 10.00 .00 33.52 Sworn and Subscribed to before me this ~ day of A.D. So Answers: 02/13/2003 SPEAR & By:~ CASE NO: 2003-00528 p SHP-,RZF.F,S RETURN COMMONWEALTH OF' COUNTy OF PENNSYLvANiA: CUMBERLAND REGULAR VS ~ITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly SWorn according to law, says, the Within at ~ on the 12_~th day of ~, 2003 ~013 ~RER by handing to a true and attested copy ~ together With and at the Same time directing He__~r attention to the COntents thereof. Sheriff,s DocketingC°sts: Service Affidavit SUrcharge 6.00 .00 .00 10.00 ~6. O0 SWorn and Subscribed to before me this ~ ~ ~ day of So Answers °2/ 3/2oo3 SPEAR & HOFFMAN COURT OF COMMONS PLEAS CUMBERLAND COUNTY Vs. PNC BANK, N.A. 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 PLAINTIFF WILLIAM L. SHEARER, JR. PATRICIA F. SHEARER 806 ALEXANDER SPRING ROAD CARLISLE, PA 17013 DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY DOCKET NUMBER 03-528-CIVIL ANSWER TO COMPLAINT IN MORTAGE FORECLOSURE AND NOW, comes the Defendant(s) WILLIAM L. SHEARER, JR. And PATRICIA F. SHEARER by their attorney JAMES M. BACH, and file the within Answer to Complaint in Mortgage Foreclosure: 1-2. ADMITTED. 3.-14. DENIED. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraphs 3 through 14 of the Complaint, and the said averments are therefore denied. Defendants demand proof thereof at the trial of this case. WHEREFORE, the Defendants herein respectfully pray that this Court Deny the Complaint in Mortgage Foreclosure. Respectfully Submitted, IJ~- DATE: March 11,2003 J~VIES M. BACH Au~torney at Law 352 South Sporting Hill Road Mechanicsburg, PA 17050 ID #18727 Spear & Hoffman, P.A. By: Laurence R. Chashin, Esquire Attorney I.D. No. 77558 1020 North Kings Highway Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560 Attorney for Plaintiff WMS-P-1686 PNC BANK, N.A. PLAINTIFF, VS. WILLIAM L.SHEARER, JR PATRICIA F. SHEARER DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 03-528-CIVIL ORDER AND NOW, this , day of ,2003, upon consideration of Plaintiff's Motion For Summary Judgment and the Answer, if any, of the Defendant, WILLIAM L.SHEARER, JR PATRICIA F. SHEARER, it is hereby ORDERED and DECREED that Plaintiffs Motion is GRANTED; AND Judgment in Mortgage Foreclosure (In Rem) is hereby entered in favor of Plaintiff and against Defendant in the amount of $222,224.01, plus interest from AUGUST 01,2002, in the amount of $40.90 per day until the date of judgment and legal interest thereafter, plus costs of suit and attorney's fees and any additional escrow advances through the day of sale. Spear & Hoffman, P.A. By: Laurence R. Chashin, Esquire Attorney I.D. No. 77558 1020 North Kings Highway Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560 Attorney for Plaintiff WMS-P-1686 PNC BANK, N.A. PLAINTIFF, VS. WILLIAM L.SHEARER, JR PATRICIA F. SHEARER DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 03-528-CIVIL NOTICE TO PLEAD TO: WILLIAM L.SHEARER, JR AND PATRICIA F. SHEARER You are hereby notified to file a written response to the enclosed Motion for Summary Judgment within thirty (30) days from service hereof or a judgment may be entered against you. Date: 3-:Z~-03 Laurence R Chashin,E-~quire Attorney for Plaintiff Spear & Hoffman, P.A. By: Laurence R. Chashin, Esquire Attorney I.D. No. 77558 1020 North Kings Highway Suite 2 l0 Cherry Hill, New Jersey 08034 (856) 755-1560 fax (856) 755-1570 Attorney for Plaintiff WMS-P-1686 PNC BANK, N.A. PLAINTIFF, VS. WILLIAM L.SHEARER, JR PATRICIA F. SHEARER DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 03-528-CIVIL MOTION FOR SUMMARY JUDGMENT Plaintiff, PNC BANK, N.A. by its counsel, SPEAR & HOFFMAN, P.A., moves this Honorable Court for Summary Judgment pursuant to PA R.C.P. Rule 1035.2(11} in its favor and against Defendants, WILLIAM L.SHEARER, JR AND PATRICIA F. SHEARER. In support of its Motion for Summary Judgment, Plaintiff submits the accompanying Memorandum of Law, proposed Order and Affidavit, and hereby avers as follows: 1. On February 4, 2003, Plaintiff filed a Complaint in Mortgage Foreclosure. A true and correct copy of Plaintiffs Complaint is attached hereto as Exhibit "A." 2. On or about March 11, 2003, Defendants filed an Answer to Plaintiff's Complaint. A true and correct copy of Defendant's Answer is attached hereto as Exhibit "B." 3. Defendants' Answer admits each material allegation of Plaintiffs Complaint and, thus, pursuant to Rule 1035.2 of the Pennsylvania Rules of Civil Procedure, there is no genuine issue as to any material fact and Plaintiff, the moving party herein, is entitled to judgment as a matter of law. 4. In addition, Plaintiff relies on the pleadings filed of record in this matter which establish that there are no genuine issues of material fact with respect to: a. Defendants' obligations to Plaintiff pursuant to the Mortgage and Mortgage Note (see exhibits to Plaintiff's Complaint, attached hereto as Exhibit "A"). b. Defendants' default in the obligation to make payments pursuant to the aforementioned Mortgage and Note; c. The amount of indebtedness of Defendants to Plaintiff pursuant to the aforesaid documents; and d. Plaintiff's entitlement to judgment as a matter of law. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter Judgment in Mortgage Foreclosure against Defendants, WILLIAM L.SHEARER, JR and PATRICIA F. SHEARER, in the amount of $222,224.01, together with interest from AUGUST 01,2002, at $40.90 per diem, costs of suit and attorney's fees. Respectfully submitted, SPEAR & HOFFMAN, P.A. B~~~ .~C~h '~sh;n,~Es~? Attorney for Plaintiff Spear & Hoffman, P.A. By: Laurence R. Chashin, Esquire Attorney I.D. No. 77558 1020 North Kings Highway Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560 fax (856) 755-1570 Attorney for Plaintiff WMS-P-1686 PNC BANK, N.A. PLAINTIFF, VS. WILLIAM L.SHEARER, JR PATRICIA F. SHEARER DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 03-528-CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION Defendants executed a Mortgage Note to PNC MORTGAGE CORPORATION on DECEMBER 12, 1997 in the principal sum of $267,000.00 (see exhibits to Complaint, attached hereto as Exhibit "A"). On that same date, Defendants entered into a Mortgage, by which Plaintiff is now a successor in interest by way of assignment. The real property which is subject to thc Mortgage is located at 806 ALEXANDER SPRING ROAD, CARLISLE, PA 17013. Defendants failed to make payments duc for AUGUST 01,2002, and have since failed to make payments as they have become duc and owing. As a result of this default, Plaintiff instituted this foreclosure proceeding to recover the sum owed. Pursuant to the Mortgage, Plaintiff is further entitled to attorney's fees and costs incurred in the collection of this obligation. There is no genuine issue of fact concerning the existence of the obligation or that Defendants are in default of that obligation. Because there is no dispute as to any genuine issue of material fact, Plaintiff is entitled to judgment as a matter of law and entry of summary judgment is appropriate. II. LEGAL ARGUMENT No Genuine Issue of Material Fact Exists, Plaintiff is Entitled to Judgment as a Matter of Law, and the Motion for Summary Judgment Should, thus, be Granted. The purpose of the summary judgment procedure is to avoid vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials when genuine issues of material fact are raised. Specifically, Rule 1035.2 of the Pennsylvania Rules of Civil Procedure provides, in pertinent part: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or (2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury See also Williams v. Pilgrim Life Insurance Co., 306 Pa. Super. 135,461 A.2d 833 (1983). In the instant matter, there are no genuine issues of material fact. The burden of demonstrating that there exists no genuine issue of material fact rests on the moving party. Hower v. WhitmarkAssoc., 371 Pa. Super. 443,381 A.2d 524 (1988); Carollo v. 48Insulation, Inc., 252 Pa. Super. 422, 381 A. 2d 990 (1977). Nonetheless, once a motion for summary judgment is made and is properly supported the non-moving party may not simply rest upon the mere allegation or denials of his or her pleadings. Pa.R.C.P. 1035.3. In such a case, Rule 1035.3 requires that by affidavit or as otherwise provided in this rule, [the non-movant] must set forth specific facts showing that there is a genuine issue for trial. [sic] Thus, once the motion for summary judgment has been properly supported, the burden is upon the non- moving party to disclose evidence that is the basis for his or her argument resisting summary judgment. Fiffich v. GAF Corp., 412 Pa. Super. 261,603 A.2d 208, 210 (1992). See also, Kryeski v. Schott Glass Technologies, 426 Pa. Super. 105, 626 A.2d 595 (1993), appeal den. 639 A.2d 29 (1994); Buchno v. Penn Linen & Uniform Service, Inc., 428 Pa. Super. 563,631 A.2d 674 (1993), appeal den. 647 A.2d 895 (1994); Ducjai v. Dennis, 431 Pa. Super. 366, 636 A.2d 1130 (1994), aff'd 540 Pa. 103,656 A.2d 102 (1995). Rule 1035.3 specifically provides, in pertinent part: (a) the adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion .... The attached exhibits and affidavit (attached hereto as Exhibit "C") in support of this motion establish conclusively that Defendants executed a Mortgage and Note to which Plaintiff is the successor in interest; Defendants defaulted on payments in the amount of indebtedness, and there are no genuine issues of material fact. Moreover, Defendants have presented no evidence through affidavits to the contrary. As stated above, Defendants may not rest their argument on the pleadings. Therefore, Plaintiff is entitled to summary judgment as a matter of law. Defendants, likewise, may not merely deny the amount owed or state that Defendants are without information sufficient to form a belief as to the truth of Plaintiffs averment as to principal and interest due. Such a general denial is to be considered an admission of those facts. New York Guardian Mortgage Corp. v. Dietzel, 524 A.2d 951,362 Pa. Super. 426, 429 (1987); See also PA.R.C.P. Rule 1029(b,c) and First Wisconsin Trust Company v. Strausser, 653 A.2d 688, 439 Pa. Super. 192 (1995). Lack of admission as to amount of indebtedness in the pleadings of a defendant will not prevent the entry of summary judgment. Landau v. Western Pennsyvlania National Bank, 282 A.2d 335,445 Pa. 217, 225- 6(1971). Furthermore, Defendants raise no genuine issue of material :fact when denying amounts owed by Defendants to Plaintiff. Case law on this issue is exceedingly clear, holding, "[a]n action in mortgage foreclosure is strictly an in rem proceeding, and the purpose of a judgment in mortgage foreclosure is solely to effect a judicial sale of the mortgaged property." New York Guardian Mortgage Corporation v. Dietzel, 362 Pa. Super. 426, 431,524 A.2d 951,953 (Pa. Super 1986). More importantly, the Court held that "[a] judgment in a mortgage foreclosure action is not a judgment for money damages .... "Ibid. Consequently, the Defendants' contention that the amounts, as they appear in the Complaint, owed by Defendants to Plaintiff, is not an issue of material fact in this strictly in rem proceeding. For all of these reasons, Plaintiff is entitled to judgment as a matter of law and in the amounts requested and verified in Plaintiffs Complaint and the affidavits of Plaintiff, whether attached hereto or filed supplementally. B. Plaintiff's ComPlaint States a Cause of Action for Breach of Contract Justifying the Dismissal of Defendants' Answer Summary Judgment based upon contractual liability is appropriate when the documents are undisputed and there is no question as to the contracting parties' intent. See, e.g., Paul Revere Protective Life Ins. Co. v. Weis, 535 F.Supp. 379 (E.D.Pa. 1981); Kane Gas Light & Heating Co. v. Pennzoil Co., 587 F.Supp. 910 (W.D.Pa. 1984). Plaintiff initiated this action in mortgage foreclosure against Defendants based upon Defendants' mortgage obligation. In th&ir Answer, Defendants do not dispute the validity of the Mortgage and Note or that they are a party to each of' these agreements. Additionally, the affidavit supporting this motion clearly establishes Defendants' default on this undisputed contractual liability. Because the validity of the agreements is undisputed by Defendants, the motion relies upon written documents which are fully integrated, the Note is signed by the parties to be charged and undisputed as to interpretation, and because default is clearly established, Summary Judgment should be granted in favor of Plaintiff and against Defendants. See Landau v. Western Pennsylvania National Bank, 282 A.2d 335,445 Pa. 217 (1971) andFirst Wisconsin Trust Company v. Strausser, 653 A.2d 688, 439 Pa. Super. 192 (1995). C. Plaintiff is Entitled to Judgment as a Matter of Law A review of Defendants' Answer indicates that Defendants have no defense to the material allegations of this case. Specifically, Defendants admit the allegations concerning the parties' identities, the documents giving rise to the obligations upon which this lawsuit is based and the fact that Defendants are in default. Defendants' sole defense is that Defendants claim not to owe the specific amount set forth in the Plaintiff's Complaint. For the following reasons, this argument must fail. Pennsylvania Rule of Civil Procedure 1147(5) requires that the Plaintiff filing a Complaint in Mortgage Foreclosure set forth "an itemized statement of the amom~t due." Plaintiff has set forth such statement with per diem interest in its Complaint. Moreover, the Superior Court of Pennsylvania has held that general denials in mortgage foreclosures as to "the truth of averments of the principal and interest owing must be considered an admission of those facts." First Wisconsin Trust Company v. Strausser, __ Pa. Super. ,653 A.2d 688 (1995); New York Guardian Mortgage Corporation v. Dietzel, 362 Pa. Super. 426, 524 A.2d 951 (1987). Defendants' denials are insufficient to overcome Plaintiff's Motion for Summary Judgment. III. CONCLUSION For all of the foregoing reasons, Plaintiff respectfully requests that this Court grant its Motion for Summary Judgment, strike Defendants' Answer, and enter judgment in Mortgage Foreclosure in favor of Plaintiff and against Defendants. Respectfully submitted, SPEAR & HOFFMAN, P.A. Dated: March 28, 2003 ~a~. Chashin, Esquire Spear & Hoffman, P.A. By: Laurence R. Chashin, Esquire Attorney I.D. No. 77558 1020 North Kings Highway Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560 fax (856) 755-1570 Attorney for Plaintiff WMS-P-1686 PNC BANK, N.A. PLAINTIFF, VS. WILLIAM L.SHEARER, JR PATRICIA F. SHEARER DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 03-528-CIVIL CERTIFICATION Laurence R. Chashin, Esquire, counsel for Plaintiff, hereby certifies that a copy of the foregoing Motion for Summary Judgment, Proposed Order and Memorandum of Law were served upon the following person(s) by regular first-class mail, postage pre-paid, on this ~-84~ day of ~f-~ c~ ~/ ,2003. James M. Bach, Esquire 352 South Sporting Hill Road Mechanicsburg, PA 17050 SPEAR & HOFFMAN, P.A. Laur-~ff6nce R Chashin, Esquire Attorney I.D. No. 77558 Summary Judgment Exhibit "A" Spear & Hoffman, P.A~ BY: LAURENCE R. CHASHIN, ESQUIRE Attorney I.D. No. 77558 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 5924736084 PNC BANK, N.A. 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 PLAINTIFF, VS. WILLIAM L.SHEARER, JR PATRICIA F. SHEARER 806 ALEXANDER SPRING ROAD CARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. COMPLAINT - CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE 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 m~d filing in writing with the court your defenses 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 AVISO Le hah demandado a usted en la torte. Si usted quiere defenderse tie estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus ob. jeciones a las demandadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR .ASISTENCIAL LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5. On or about DECEMBER 12, 1997, in consideration of their indebtedness to PNC MORTGAGE CORPORATION, WILLIAM L.SHEARER, JR PATRICIA F. SHEARER made, executed and delivered to PNC MORTGAGE CORPORATION their promissory Note in the original pr/ncipal amount of $267,000.00. The: Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ASSIGNOR: PNC MORTGAGE CORPORATION ASSIGNEE: PNC BANK, N.A DATE OF ASSIGNMENT: AS RECORDED RECORDING DATE: AS RECORDED BOOK: AS RECORDED PAGE: AS RECORDED 7. The Mortgage is secured by property located at 806 ALEXANDER SPRING ROAD CARLISLE, PA 17013, which is more part/cularly described in the legal description attached hereto as Exhibit "B" and incorporated herein by reference. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due AUGUST 01,2002 and monthly thereafter are due and have not been paid, whereby the whole balance oTprincipal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. 2 The following amounts are due on the Mortgage: Principal Balance 7.25% interest from JULY 01,2002 to JANUARY 10,2003 at $40.90 per day Accrued Late Charges Other Fees Attorney's Fees TOTAL AMOUNT DUE $205,922.78 $7,934.60 $749.49 $153.40 ~1,934.50 $216,694.77 Interest continues to accrue at the per diem rate of $40.90 for every day after JANUARY 10,2003 that the debt remains unpaid. 10. During the course of this litigation costs may continue 'to accrue, including but not limited to escrow advances, late charges, attorney's fees, etc. 11. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 12. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. §403 is not applicable. 13. Pursuant to the notice provisions of Act 91, 35 P.S. § 1680.403(c), notice was sent to Defendants, dated. Copies of the notices to the defendants are attached as Exhibit "C". Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed ii/"the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 14. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "D". WHEREFORE, Plaintiff respectfully requests this Court to enter judknr~ent IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest accruing after JANUARY 10,2003 to the date of Judgrnent, plus 6% legal rate of interest from date of Judgment to Final Sale, and Sheriff Sale costs, together ~Sth all costs of suit and any money hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance or repairs and any and all other advances hereafter made by 'the Plaintiff as stated in paragraph 10, pursuant to the rights and privileges granted under the terms of the subject mortgage, and for foreclosure and sale of the Mortgaged property. DATE: SPEAR & HOFFMAN, P.A. LAU"R:ENCE R. CHA:~HIN, ESQuIRE VERIFICATION I, LAURENCE R. CHASHIN, verify that I am the attorney for the plaintiff in this action and that the foregoing Complaint in Mortgage Foreclosure is true and correct to the best of my knowledge, information and belief. I make this verification in lieu of WASHINGTON MUTUAL BANK, FA SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF ~MMERICA ATTORNEY- IN- FACT FOR PNC BANK, N.A. Plaintiff'who is outside the jurisdiction of the court and its verification could not be obtained within the time allowed for filing this pleading. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. DATE: t ~o/r> 5~ LAURENCE R. CHASHIN Attorney for Plaintiff ,JJ, n-O$-2003 I ~ :33lm ?-OT1 F-4TB P.OO~/OOB .eo~i422 PA~..4X2 loin mhar~ h il ~ r~u~ b " Jl~-O3-ZO03 15:~6t,~ Fr~-PP~I£R ABSTRACT ~245 ~190 T-O?I P.OOT/OOB Exhibit "B " Jan-O~-Zg03 ; 1:3;m~ I;ro~r-pRE~lER ABSTRACT Exhibit "C" Washington Mutual P.O Box 1039 Northridge, CA 91328-1093 October 21, 2002 *0001731919* William L. Shearer Jr 806 Alexander Spring Rd Carlisle, PA 17013-9182 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see ifHEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end &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 Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida de] derecho a redimir su hipoteca. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT LENDER/SERVICER: William L. Shearer Jr 806 Alexander Spring Rd Carlisle, PA 17013 5924736084 Washington Mutual You may be eligible for financial assistance which can save your home from foreclosure and help you make future mortgage pawnents if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: if your default has been caused by circumstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency, TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and at~end a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE Page,~o 5924736084 CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone nmnbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are ~mable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with o2e of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Yom application MUST be rifled 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 £mance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFALrLT(Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 806 Alexander Sprin~ Rd Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the followin.g months and the following amounts are now past due: (a) Monthly payments from 08/01/2002: (b) Late charge(s): (c) Other charge,(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 10/19/2002: $8,309.40 $635.95 $45.6O $130.20 $8,860.75 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this defauk within THIRTY (30) days lkom the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $8,860.75, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to Washington Mutual at COLLECTION SUPPORT MAIL STOP N010201,9451 COP.BIN AVENUE, NORTHRIDGE, CA 91324. Pagethree 5924736084 IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default w/thin THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, Washington Mutual also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property_ IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the mount you owe the lender, wh/ch may also include their reasonable costs. If you cure the default w/thin the THIRTY (30)DAY period, you will not be required to pay attorneys' fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. PdGHT 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 tmue up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs com~ected with the SheriWs 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 SAI.F. DATE- It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the an~ount needed to cure the default w/Il increase the longer you wait. You may find out at any trine exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: Address: Telephone Number: Washington Mutual COLLECTION SUPPORT MAIL STOP N010201, 9451 CORBIN AVENUE, NORTHRIDGE, CA 91324 800-282-4840 EFFECT OF SHERIFF'S SALE- You should realize that a sheriff's sale w/Il end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfiedl YOU MAY ALSO HAVE TI-I~ RIGHT To sell the property to obtain money to pay off the mortgage debt, or borrower money fi.om another lending institution to ga), 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. (However, you are not entitled to this right more than three times in a calendar year). To' assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. To assert any other defense you believe you may have to such action by the lender. , To seek protection under the federal bankruptcy law. Page four 5924736084 Washington Mutual is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter,to dispute the validity of this debt or any part of it. If you notify us in writing at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that 30 day period, we will assume that it is valid. Sincerely, Washington Mutual We are attempting to collect a debt, and any inforrnation that we receive may be used for that purpose. Washington Mutual P.O Box 1039 Northridge, CA 91328-1093 October 21, 2002 *0001731920* Patricia F. Shearer 806 Alexander Spring Rd Carlisle, PA 17013-9182 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINrED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Pro.am (HEMAP) may be able to help to save your home. This notice explains how the program works. To see ifHEMAP can help you, .you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your counW 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 Notificaion en adjunto es de suma importancia, pues afecta su derecho a contJnuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Asency) sin cargos al numero mencionado arriba. Puedes set elegible para un prestaano por el programa llamado "Homeowners' Emergency Mortgage Assistance Pro,mn" al cuat puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT LENDER/SERVICER: Patricia F. Shearer 806 Alexander Spring Rd Carlisle, PA 17013 5924736084 Washington Mutual You may be eligible for financial assistance which can save your home from foreclosure and help you make fUture mortgage payments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1.983 (the "Act"). You may be eligible for emergency mortgage assistance: if your default has been caused by circumstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements, established by the Pennsylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSUR E- Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF 'IH1S NOTICE CALl,ED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. Pag¢?~vo 5924736084 CONSUMER CREDIT COUNSELING AGENCIES: If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for tkirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the counW in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-m-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is/n 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 f'mancial assistance fi'om the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Yom' apphcation MUST be filed or postmarked within tltirty (30) days of your face-m-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 m~der the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the tinge requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDER.ED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage ASsistance) HOW TO CURE YOUR MORTGAGE DEFAULT(Brin~ it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 806 Alexander Sprin~ Rd Carlisle, PA 17013 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: (a) Monthly payments from 08/01/2002: (b) Late charge(s): (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total mount required as of 10/19/2002: $8,309.40 $635.95 --'-' $45.60 $130.20 $8,860.75 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure tkis default within THIRTY (30) days 15om the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $8~860.75, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to Wash/ngton Mutual at COLLECTION SUPPORT MAIL STOP NO 10201,9451 CORBIN AVENUE, NORTHRIDGE, CA 91324. Page three 5924736084 IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly instalhnents. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, Washington Mutual also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the mount you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY (30)DAY period, you will not be required to pay attorneys' fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. P,_IGHT 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 horn' before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late chm'ges, charges then due, reasonable attorneys' 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 rna~mer set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) months 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 Name of Lender: Address: Telephone Number: Washington Mutual COLLECTION SUPPORT MAIL STOP NO 10201,9451 CORBIN AVENUE, NORTHRIDGE, CA 91324 800-282-4840 EFFECT OF SHERIFF'S SALE- You should realize that a sheriff's sale will end your o~mership of the mortgaged property and your right to occupy it. If you continue to live in the-lxoperty after the sheriff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT To sell the property to obtain money to pay offthe mortgage debt, or borrower money from another lending institution to pay off this debt. To have this default cured by any third party acting on your behalf. To have the mortgage restored to the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a calendar year). To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuif 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. Pager our 5924736084 Washington Mutual is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us in writing at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless yon dispute the debt within that 30 day period, we will assume that it is valid. Sincerely, Washington Mutual We are attempting to collect a debt, and any information that we receive may be used for that purpose. PHFA Counseling Network Page 1 of 1 CLICK ~ GO ~!~ Good Afternoon! Today is Monday, Dec. 30, 2002 Cumberland County Participating Counseling Agencies %. Financial Counseling Services Natalie Newcomer (717) 762-3285 HOPE and Pre-Closing Educational Harrisburg Fair Housing Council Christine O'Rockey (7:L7) 235-9540 HOPE and Pre-Closing Educational Weatherization, ]:nc. Maxine A. Whitsel (814) 643-2343 Pre-Closing Educational Seminar Page 21 of 67 RETURN TO MAP First I Previous I Next J Last Home I Contact Us I Directions I Disclaimer I EDR ] Forms J Future Home Buyer Pr_o_gram J Housinc~ Programs J Housing Stud~ I Interest Rates I .Le.qislative I .L,inks I News I Privacy Statement I .Q. uarterly__R_e_ports ] Rental Housi_n_g Properties RFP Copyright © 2002 Pennsylvania Housing Finance Agency. Updated Ali rights reserved, October 22t 2002 ~[:[;42 AM Exhibit NOTICE RJfQUIKED BY THE FAIR'DEBT COLLECTION PP,.ACTICBS _ACT~ (th._~ _Act) 15 U.S.C. ·SECTION !_601 .A.S AMENDBD 1., This law fima may be deemed a "debt collector" m~der the Fair Debt Coll~ction . Practices'Act. Any and all ilzt'ormation obtained durin~ the prosecution of th.is lawsuit may be used for the puipose of collecfing a debt. 2. The amom:t of the deb~ is ~tated in th~ attached l'etter. 3. The Plaintiff as named in' the attached letter is the creditor to whom the debt is owed,' or is the servicing agen! for the creditor to whom the debt is owed. The undersi~:ed at-tomey represents the interests of the Plaintiff.. ' 4. The debt.described in ~he letter evidenced by the copy of the mortgage note attached · hereto will be assmned to be valid by the credit0r's law f'zrm m~less the debtor, within thirty days after the receip~ of this not/ce, disputes in writing the Validity of the debt or some portion thereof. 5. If the debtor' notifies the Cred/tor's law fim~ in writing wittzin flirty days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of'the debt and a copy of the verificaIion will be mailed to the debtor by the credi~:or's law'finn. 6.. Ir'the creditor named as Plaintiff.in the attathed letter is riot the or/gina~ creditor, mad if the debtor makes a written i'equest to the creditor's law fzrm witlzin the thirty days from the receipt of this notice, the name and address 0fthe ofig-inaI creditor wilt. be mailled to the debtor by · the creditor's law firm.. 7. FEDERAL LAW GIVES YOU Ti-lIP. TI' DAYS AFTER YOU RECED/E THIS NOTICE TO DISPUTE T~ v~L~ITY OF T~ DEBT OR A~ PART OF IT. TI~ LAW DOES'NOT REQUI~ THAT WE WAIT ~TIL T~ E~ OF T~ T~TY-DAY PE~OD TO CONT~E MTH T~ susmcr LEGAL ACTION] IF, HOWEVER, YOU REQUEST PROOF OF TI~ DEBT OR THE NAME ~D ADDRESS OF THE OmGINAL C~DITOR WITHIN THE THIRTI'rDAY pERIOD THAT BEGINS WITH yoUR RECEIPT OF THIS LE~ER, TIlE LAW ~QUIRES TBAT WE SUSPEND OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT TIlE MORTGAGE ~D NOTE, INCLUDING SEEKING A DEFAULT ~N THE FORE~I .~Sl ~ ¢ SUIT ~OR YOUR FA!LUP~ TO WITHIN THE TIME REQUIRED UNDER THE SUMMONS, UNTIL WE MAiL THE REQUESTED INFORMATION TO YOU. IF YOU P~Q~ST VALIDATION OF THE DEBT, AS STATED HE~, YOU A~ ~DER NO OBLIGATION TO ~SPOND TO THE SU~oNS AND COMPL~qT ~TIL WE ~SPOND WITH TI~ ~QUESTED 8..Writer requests should be addressed to Spem- & Ho~aan, P.A., at 102~ No~ Kings High~,ay, Suite 2I 0, Chen~ Hill, NJ 08034. Summary Judgment Exhibit "B" COURT OF COMMONS PLEAS CUMBERLAND COUNTY Vs. PNC BANK, N.A. 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 PLAINTIFF WILLIAM L. SHEARER, JR. PATRICIA F. SHEARER 806 ALEXANDER SPRING ROAD CARLISLE, PA 17013 DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY DOCKET NUMBER 03-528-CIVIL ANSWER TO COMPLAINT IN MORTAGE FORECLOSUR~ AND NOW, comes the Defendant(s) WILLIAM L. SHEARER, JR. And PATRICIA F. SHEARER by their attorney JAMES M. BACH, and file the within Answer to Complaint in Mortgage Foreclosure: 1-2. ADMITTED. 3.-14. DENIED. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth &the averments of paragraphs 3 through 14 of the Complaint, and the said averments are therefore denied. Defendants demand proof thereof at the trial of this case. WHEREFORE, the Defendants herein respectfully pray that this Court Deny the Complaint in Mortgage Foreclosure. DATE: March 11,2003 Respectfully Submitted, · BACH t Law Sporting Hill Road Mechanicsburg, PA 17050 ID # 18727 Summary Judgment Exhibit "C" Spear & Hoffman, P.A. BY: Laurence R. Chashin, Esquire Attorney I.D. No. 77558 1020 North Kings Highway Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, fax (856) 755-1570 Attorney for Plaintiff PNC BANK, N.A. 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 PLAINTIFF, VS. WILLIAM L.SHEARER, JR PATRICIA F. SHEARER 806 ALEXANDER SPRING ROAD CARLISLE, PA 17013 DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO. 03-528-CIVIL AFFIDAVIT OF PNC BANK, N.A. STATE OF WISCONSIN: COUNTY OF MILWAUKEE: Marlinda Sisk, being duly sworn according to law, deposes and says that: 1. Affiant is employed by Washington Mutual Bank as a Business Operations Analyst and has personal knowledge of the facts set forth in this Affidavit. 2. On DECEMBER 12, 1997, Defendants entered into a Mortgage Note in the principal amount of 267,000.00 in favor of PNC MORTGAGE CORPORATION. 3. Also on DECEMBER 12, 1997, Defendants emered into a Mortgage in favor of PNC MORTGAGE CORPORATION, which secured the indebtedness of the Note. 4. The real property subject to the Mortgage is located an 806 ALEXANDER SPRING ROAD CARLISLE, PA 17013. 5. Subsequent to the execution of the subject Note and Mortgage, PNC BANK, N.A. acquired its interests in the subject Note and Mortgage through a series of assignments as outlined in the Complaint. 6. Defendants failed to make payment due on AUGUST 01,2002, pursuant to the Note and Mortgage and thereafter have failed to make all payments on this obligation. 7. As of March 20, 2003 the amount due to Plaintiff pursuant to the aforementioned documents is $ 222,224.01 which includes the following amounts: Principal of Mortgage Debt Due and Unpaid Interest at 7.25 % per annum from JULY 01,2002 to ($40.90 per diem) Late Charges Escrow Deficit Other Fees (BPO/Property Inspection) Attorneys Fees and Costs TOTAL $205,922.78 $10,730.11 $1,115.10 $933.32 $263.20 $3,259.50 $222,224.01 8. The per diem interest rate is $40.90 for each day after AUGUST 01,2002, that the debt remains unpaid until judgment. 9. Pursuant to the Mortgage, Plaintiff is entitled to reasonable fees incurred in the collection and enforcement of the Note and Mortgage. 10. Attached hereto and incorporated by reference is the payment history of the subject account. I am familiar with the computer system used to generate payment history, which repres~ts computer records kept and maintained in the normal course of business. I have reviewed the history and, to the best of the my knowledge and belief, it is accurate and correct. 11. Despite demand, Defendants have not paid the amount due. ~. 12. By letter dated October 21, 2002, Plaintiff sent Notice of Homeowner Emergency Assistance to Defendants as required by Pennsylvania law. A true and correct copy of said Notice is attached to the Complaint as an Exhibit. Business Operations Analyst for Washington Mutual Bank FA as Servicer for PNC Bank SWORN TO AND SUBSCRIBED BEFORE ME THIS c~ [ DAY OF ]"}/]/GtlG~C.{[¢ ,200~ NOTARy~PUBLIC WASHINGTON MUTUAL CUSTOMER SERVICE DEPARTMENT P. O. BOX 1093 NORTHRIDGE, CA 91328-1093 REQ BY $$$ CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 03/20/03 PAGE 1 WILLIAM L SHEARER JR PATRICIA F SHEARER 806 ALEXANDER SPRING RD CARLISLE PA 17013 LOAi~ NUMBER: 5924736084 ******************************************************************************* CURRENT ACCOUNT INFORMATION DATE TOTAL PRINCIPAL LOAN CURRENT PAYMENT PAYMENT & INTEREST INTEREST PRINCIPAL ESCROW DUE AMOUNT PAYMENT RATE BALANCE BALANCE 08-01-02 2,769.80 2,437.34 7.25000 205,922.78 933.32- ACTIVITY FOR PERIOD 01/01/02 - 013/17/03 PROCESS DUE TRANSACTION TRANSACTION DATE DATE CODE DESCRIPTION TRANSACTION PRIN. PAID/ ESCROW PAID/ AMOUNT BALANCE INTEREST BALANCE AMOUNT EFFECTIVE DATE OF TRANSACTION -OTHER CODE/DESCRIPTION 03-17-03 08-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 03-14-03 08-02 161 ESCROW ADVANCE 493.55 0.00 0.00 493.55 03-14-03 04-03 313 TAX DISBURSEMENT 493.55- 0.00 0.00 493.55- 03-10-03 08-02 180.00 03-10-03 05-03 180.00- 02-18-03 08-02 0.00. 01-16-03 08-02 0.00 01-16-03 00-00 85.00 01-02-03 08-02 0.00 12-31-02 08-02 5.10 933.32- 161 ESCROW ADVANCE 0.00 0.00 180.00 351 HAZARD INSURANCE DISBURSEMENT 0.00 0.00 180.00- 439.77- 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 633 MISC. F/C AND B/R EXPENSES 0.00 0.00 0.00 168 REPAY OF ESCROW ADVANCE 0.00 0.00 5.10- 160 INTEREST ON ESCROW DEPOSIT 0.00 0.00 5.10 259.77- 121.87-1 LATE CHARGE NEW PRINCIPAL/ESCROW BALANCES NEW PRINCIPAL/ESCROW BALANCES 5.10 ADVANCE REFUND NEW PRINCIPAL/ESCROW BALANCES 121.87-1 LATE CHARGE 121.87-1 LATE CHARGE WASHINGTON MUTUAL CUSTOMER SERVICE DEPARTMENT P. O. BOX 1093 NORTHRIDGE, CA 91328-1093 REQ BY $$$ CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 03/20/03 PAGE 2 WILLIAM L SHEARER JR LOAN NUMBER: 5924736084 ACTIVITY FOR PERIOD 01/01/02 - 03/17/03 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 12-16-02 08-02 0.00 11-16-02 08-02 0.00 10-28-02 08-02 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 6.00 173 PAYMENT 0.00 0.00 0.00 10-16-02 08-02 0.00 10-10-02 07-02 0.00 10-10-02 07-02 2,900.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 168 REPAY OF ESCROW ADVANCE 0.00 0.00 332.46- 172 PAYMENT 1,186.06 1,251.28 332.46 205,922.78 264.87- 09-16-02 07-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 09-05-02 07-02 173 PAYMENT 0.00 0.00 0.00 0.00 09-05-02 07-02 173 PAYMENT 0.00 0.00 0.00 0.00 08-19-02 06-02 168 REPAY OF ESCROW ADVANCE 0.00 0.00 0.00 332.46- 08-19-02 06-02 172 PAYMENT 2,895.47 1,178.93 1,258.41 332.46 207,108.84 597.33- 08-16-02 06-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 07-30-02 08-02 314 LIEN DISBURSEMENT 2,460.19- 0.00 0.00 2460.19- 929.79- 07-30-02 06-02 161 ESCROW ADVANCE 929.79 0.00 0.00 929.79 121.87-1 LATE CHARGE 121.87-1 LATE CHARGE 130.20 1 LATE CHARGE 130.20- SUSPENSE 121.87-1 LATE CHARGE 332.46 ADVANCE REFUND 130.20 SUSPENSE NEW PRINCIPAL/ESCROW BALANCES 121.87-1 LATE CHARGE 95.27 1 LATE CHARGE 95.27- SUSPENSE 30.40 ZAPS FEE 30.40- SUSPENSE 332.46 ADVANCE REFUND 125.67 SUSPENSE NEW PRINCIPAL/ESCROW BALANCES 121.87-1 LATE CHARGE NEW PRINCIPAL/ESCROW BALANCES WASHINGTON MUTUAL CUSTOMER SERVICE DEPARTMENT P. O. BOX 1093 NORTHRIDGE, CA 91328-1093 REQ BY $$$ CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 03/20/03 PAGE 3 WILLIAM L SHEARER JR LOAN NUMBER: 5924736084 ACTIVITY FOR PROCESS DUE TRANSACTION DATE DATE CODE PERIOD 01/01/02 - 03/17/03 TRANSACTION DESCRIPTION EFFECTIVE DATE OF TRANSACTION TRANSACTION PRIN. PAID/ AMOUNT BA/~Z~NCE INTEREST ESCROW PAZD/ BALANCE OTHER ...... AMOUNT CODE/DESCRIPTION 07-22-02 05-02 172 2,836.13 1,171 208,287 07-16-02 05-02 0.00 06-17-02 05-02 0.00 05-16-02 05-02 351 1,174.00- 0 PAYMENT .85 .77 152 LATE 0.00 152 LATE 0.00 05-16-02 05-02 152 0.00 0.00 0.00 05-02-02 05-02 173 PAYMENT 0.00 0.00 0.00 1,265.49 398.79 1530.40 CHARGE ASSESSMENT 0.00 0.00 CHARGE ASSESSMENT 0.00 0.00 121.87-1 HAZARD INSURANCE DISBURSEMENT .00 0.00 1174.00- 1131.61 LATE CHARGE ASSESSMENT 05-01-02 04-02 173 PAYMENT 2,836.13 1,164.82 1,272.52 209,459.62 05-01-02 03-02 173 PAYMENT 0.00 72.65 2305.61 398.79 2232.96 2,836.13 1,157.82 1,279.52 210,624.44 05-01-02 02-02''-' 173 PAYMENT 2,836.13 1,150.87 1,286.47 211,782.26 05-01-02 01-02 173 PAYMENT 2,836.13 1,143.96 1,293.38 212,933.13 05-01-02 01-02 173 PAYMENT 15.20 0.00 05-01-02 01-02 173 PAYMENT 567.63 0.00 05-01-02 01-02 173 PAYMENT 72.65 0.00 04-16-02 01-02 152 LATE 0.00 0.00 398.79 1834.17 398.79 1435.38 398.79 1036.59 0.00 0.00 0.00 0.00 0.00 0.00 CHARGE ASSESSMENT 0.00 0.00 NEW PRINCIPAL/ESCROW BALANCES 121.87-1 LATE CHARGE LATE CHARGE NEW PRINCIPAL/ESCROW BALANCES 121.87-1 LATE CHARGE 72.65- SUSPENSE NEW PRINCIPAL/ESCROW BALANCES NEW PRINCIPAL/ESCROW BALANCES NEW PRINCIPAL/ESCROW BALANCES NEW PRINCIPAL/ESCROW BALANCES NEW PRINCIPAL/ESCROW BALANCES 15.20 8 PROPERTY INSPECTION 567.63 1 LATE CHARGE 72.65 SUSPENSE 121.87-1 LATE CHARGE WASHINGTON MUTUAL CUSTOMER SERVICE DEPARTMENT P. O. BOX 1093 NORTHRIDGE, CA 91328-1093 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 03/20/03 REQ BY $$$ PAGE 4 WILLIAM L SHEARER JR LOAN NUMBER: 5924736084 ACTIVITY FOR PERIOD 01/01/02 - 03/17/03 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION TRANSACTION PRIN. ~ID/ ESCROW PAID/ ............ OTHER-- AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION 04-02-02 04-02 493.61- 03-18-02 01-02 0.00 02-18-02 01-02 0.00 02-05-02 01-02 0.00 313 TAX DISBURSEMENT 0.00 0.00 493.61- 637.80 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 173 PAYMENT 0.00 0.00 0.00 02-04-02 12-01 172 PAYMENT 2,900.00 1,137.09 1,300.25 319.93 214,077.09 1131.41 01-16-02 12-01 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 NEW PRINCIPAL/ESCROW BALANCES 121.87-1 LATE CHARGE 121.87-1 LATE CHARGE 142.73 1 LATE CHARGE 142.73- SUSPENSE 142.73 SUSPENSE NEW PRINCIPAL/ESCROW BALANCES 121.87-1 LATE CHARGE ~Mar-20-O$ :ZO:D9 From- T-g33 P.OOZ/O04 F-939 PA.TgXCIAF~[__~HER ~M~ 0 POF0 SUSP~SR ADV ~ULL REPL ~$ HUD aAL LC BAL I~T DOE DUE DATE ~UD PRT OF .00 .00 ,O0 ,OD 222.88 .00 12-01-D1 .O0 00 M I P LIEN BSC A & H LIFE ~4ISC ~L~P R~S TOT VA/MT IbT~ HATE .00 1S3.22 ,00 .00 0 .00 0 ,00 0 ,00 2?57.27 ,0925000 PR!N HAL B~G INT I~D C~P PLA~ MTGR SSN DEF INT ~AL pRIO~ Y~ PpD i'NT PPD I. NT ZND GPM 228,163.48 2 184 48 9311 0,00 0.00 0 0 LIP P/LYOFF FC-TKK-SW YE-ACQ-R~*~/DATE SF.T~B-ZD E~O~4PT PLGD-LN PMT-OPT ~.tJaC-~ ELOC ~qF~D~PCY P~E L~P-~LIOD X099-DET-HIST POI/qTS-P~LT-D/P. PTG 1eR S~POR-~4ICR-S~ DI-~qOT-~-Y~ TCF.%S CJ~US RI-HDi~-SW !2 · O0 ~'og CREDIT ~:D/W-~ SW/W-H ~CA~C~ 'roaE CP~D;T 'rrm/W-~ ;W/W-a ~ALANC~ CONSTR CO NO ~a~; ~:A~I~R INIT ESC Sl~T C0~ / DATE F 12-17-01 ESCROW ~LDU'A~CE STATUS STATUS UN~AP/qED 1113.15 .00 ,0D ,00 1433.08 ,00 .00 .00 .00 02-01 0Z-12 1 75 2 392.73 392.73 226711.90 .00 ,O0 02-01 01-31 I 60 I 2.39 .0O 226711,90 .00 2.39 02-01 02-16 1 ~2 1 .00 --- .OO 2267~1.90 ,00 .00 fl2-01 0~-=7 ! 73 ~ 2~59.27 106~.62 22~644.28 1~69.92 ~19.53 1ST-DUE-DT l~.!iO ~TAT/COMPL 01-13 LOSS MIT STAT~S/COMPLDAI~E 03-01 02-27 1 75 2 ~2.73 42.73 225601.55 03-0~ 0~-16 1!32 1 ,00 ,00 225601.55 .O0 O~-0~ 04-09 3~13 i CHECK #01~62 %33.~- 03-01 04-16 i S~ I ,00 ,00 225601.55 05-01 05-0~ ~;S1 1 CHIICK #105623 119~.00- 03-01 05-~ I 52 I .0O .00 ~25g0!.55 ,00 .00 03-01 06-18 1 52 i ,00 .00 225601.55 .O0 03-01 06-20 I 73 1 B800,O0 !074.33 224527.22 1363.01 319,93 ~ATCH 659 ~DIT-SE~ 1591~8 14~.08 .00 .00 .00 ,00 ~ATCH 659 ~DIT-SEQ 1591S8 1435,47 .00 ,00 .00 .~0 1435.47 .00 .00 .O0 .00 17~;.40 .00 .00 ,0o .00 OTH~ 01-12-01 L 121, 02-27-0! %7,23 ~JLTC~ ?57 EDZT-SRQ 1755.40 ,00 .DO .00 .00 ~LTCH 757 ~DIT-SEQ 183206 1755.~0 .00 ,00 .00 .00 1322.26 PAYE~ CD 390410560J 1322,26 .0D ,00 .00 .00 121,87- 14g.26 .00 .00 .00 ,OD ~1.~7- 14B.26 .00 ,00 .00 ,00 121.ST- &~8.19 .00 .00 .00 .00 52B,19 06-20-01 %7.00 04-01 0~-20 i 73 2 ,00 1080,82 2234~$,%0 1356.52 319.93 788,12 .00 05-01 06-20 I 73 3 .00 1089.35 2223~9.05 13!9.~ 319.93 1108,05 .00 ~ATC~ %J1( EDZT-SEQ 065787 .00 .00 .00 BATC~ cJE EDIT-SEQ 045787 ,00 .00 .00 06-20~01 £~U~£-I~ . ................ 06-05 06-21 I 73 :1 8352,9? '1-093.92 07-01 06-21 1 ~3 2 .00 ~100.5~ 221265.11 1343.42 31g.93 22016~,60 09-01 06-21 1 75 4 3~q.03 347.03 218710.3~ 09-01 06-22 1 73 I 2757.27 1115.96 21759%.~3 10-01 06-22 ~ 75 2 1~2,73 1~2.73 217~51,70 ~-01 07-~D I 75 2 1~2.73 1&2.73 11-01 08-07 I 49 Z .00 1&2.73- ~1-01 08-07 1 %~ 2 ,00 .00 10-O1 08-0? 1 4~ 3 .00 1123.57- 10-01 08-07 I ~g 4 .00 142.73- 10-01 08-0? 1 48 5 .00 .DO 09-01 08-07 1 48 6 .00 1115.96- 09-01 OB-DB 1%8 ~ .00 1~2,73- 09-01 OB-OB 1 ~8 2 .00 .00 08-01 Og-OB 1 48 ~ .00 1123.5~- 1336.~1 319,~3 17%7.~I ~330.10 319.g3 2067-~4 .00 .00 2067,84 1~21.38 319.93 238T-77 · 00 .00 2387.77 1313.77 319.93 2707.90 T-g3$ ~ATCH 4~T~ EDIT-S~ 0457B? .00 .0O .00 .00 .00 .00 .00 .00 ~ATCH ~E2 ~DZT-SEQ 03~2~1 .00 .00 .00 .00 ~ JE2 ~DIT-SEQ 039241 ,00 ,00 ,00 .00 HATC~JE~ EDIT-S~Q 039241 .O0 ,00 .00 .00 ~ &T,,~ ,~DZT-~Q 220020 .00 .00 ,00 .00 ]~,~C74 {LO ~:~ZT-;E~ 220020 .00 .00 ,00 .00 2161B~.~0 .00 .00 2707.70 .00 216325.13 .O0 .00 270q.70 .O0 216328.13 .00 .00 2?07.70 .00 217451.70 1313.??- 319.93- 2387.~? .00 .00 .00 2387,77 .00 .00 .00 2387,77 .00 1121,38- 319.93- 2067.B~ ,00 21759..43 218710,39 · 00 .00 2067.94 .00 .00 .00 2067.84 .00 1313.77- 319.]3- 1747.91 .00 218853.12 218853.12 219976.69 P.003/004 F-$33 06-20-01 L 81.16 11 06-lB-01 L 46.32~ 1 06-I$-01 L ~6.10 AA 1 06-18-01 L 1 06-22-01 L 1 1 0V-1O-0l L ~5,30 AA BATC~ ~7 EDZT-$F~ 0;$ga6 .0Q .00 .00 1 B,~:T~ 657 ~D~T-SE~ 065986 .00 .00 .0D 1 AD ~ATC~ ~UD ~IT-SE~ $51534 ACTION 00?5 .O0 ,O0 .00 1 AD 1 %5,30-AA. 2566 ' AD 2573 AD BATCH 4~D ~'~'-$EQ 851534 .00 .00 BATCH 4UD EDIT-$EQ a51535 .O0 .00 ,00 ~TCH %DO ~DiT-SEQ 851~36 ACTION 007~ .00 .00 .00 2573 AD BATCH 4DD EDZT-SEQ 851536 · 00 .00 .OO 1 2~93 ~ATCH%UD EDIT-GEQ 851537 .00 .00 ,00 2574 BATC~ %UA EDIT-SEQ 602~23 ACTION .00 .D0 .00 25?4 A~ BA.TCH %UA~DIT-SEQ ,00 .00 .00 3 ~5.30-AA. 2574 AD . Mar-ZO-03 20:10 From- 08~01 OB-2~ I 73 I ~ 29S?.27 1108.31 09-01 08-23 i ?$ 2 142.73 ~2.?~ 21~725.65 ,00 ,00 2067,~4 09-01 10-02 I 72 ~ ' ~900.00 ~115.87 217609.78 10-01 10-04 1 ~ I ,00 .OD 05-01 Z0-10 3 14 &O-01 ~O-~E I SR .00 2322,00 .QO 2959.27 1122,6~ 08-01 10-19 3 14 10-01 10-29 I 73 142.93 .00 1130.26 11-01 12-19 I 52 1 .DO 11-01 12-28 1 72 I 2900.00 12-01 12-31 I 60 I 23,12 .GO 12-01 12-31 i 93 2 .O0 .00 T-g33 EATC~ 4'IIAED~T-;g~ G0~24 .00 .00 .00 .00 BAT~"I GO7 EDZT-gE~ ,OO .00 ,00 .O0 ~%T~ 607 ~T-SEO .00 .00 .00 .00 ~L-ID P.004/004 F-393 08-23-01 L 45.93 AA 1 08-23-01 L 1 142.93 W 10-02-01 L ;06 EDIT-gE0 20~163 ACTIO~ 0MP] 60.00 21 Z~2.~3-W 217609.9S ,00 82.93 2450.50 .OD ,DO .00 .00 ~TCH 8T~ ~IT-SEO 28G066 =322.00- 148.50 ~A~EE CD 3T04~0610 21T609.78 .00 ,00 1%6,50 ,00 ,0g ,00 21~609.78 .00 2~22.00 2470,50 ,00 .00 ,OO ,00 2322.00- 1~8.50 PA~E ~ 3704~0~06 216%8~.1~ 1314.~3 319.g~ 46~.43 .00 .D0 .0O .00 1 10-~-~1 L 45.34~ ~T~ ~07 ~IT-S~Q 339A40 216~%,44 ,00 ,00 46~,4~ ,00 .00 .00 .00 !0-29-01 L BAT~ 607 ~=S~Q 339~40 2163~.~ .00 .00 ~6B.43 .00 .00 .00 .00 1Z1.6~- 11 2163~4.~4 .00 .00 ~68.%3 .0~ .0D ,00 .00 21521A.18 1307.08 3~9.9] 780.~6 .00 .00 .00 .00 1 ~L-ID ~01 142.7S W 12-27-01 L ~ 4~0 ~IT-~EQ 191053 A~ION 21521~,18 .00 23.12 811,48 ,00 .00 ,00 .00 1 215214.~9 .O0 ,0O 81L,a~ ,OD .00 .00 .00 142,73 11 BAT~ 5ZZ ~IT-S~ 14,786.6~ ,0O 34~.01 5,949.~7 121.87- 11 1 IN RE: PNC BANK, NA, PLAINTIFF Vs. WILLIAM L. SHEARER, JR. PATRICIA F. SHEARER DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOCKET NO. 03-528 ANSWER TO A MOTION FOR SUMMARY JUDGMENT AND NOW comes the Defendants, WILLIAM L. SHEARER, JR. and PATRICIA F. SHEARER, by their Attorney JAMES M. BACH, ESQUIRE and files the within ANSWER TO A MOTION FOR SUMMARY JUDGMENT: 1. - 2. ADMITTED. DENIED. The Defendants requested a reinstatement amount from the Law Firm of Spear and Hoffi'nan. The request for the reinstatement amount was sent to the Law Firm of Spear and Hoffman on March 11, 2003. See Exhibit No. 1. Spear and Hoffman, by letter dated March 20, 2003, provided this office with a reinstatement amount. The amount to reinstate the account was $25,219.70 (Twenty-five thousand two hundred nineteen dollars and seventy cents). The amount stated was good through March 29, 2003. See Exhibit No. 2. On or about April 2, 2003, this office transmitted to the law office of Spear and Hoffxnan, Attention Attorney Laurence R. Chashin, a certified check from the Orrstown Bank in the amount of $25,519.70 (Twenty-five thousand five hundred nineteen dollars and seventy cents). In reality, this amount included $300.00 (Three hundred dollars) in excess of the amount necessary for reinstatement. The excess $300.00 (Three hundred dollars) was to insure that the account would be reinstated in full, since the amount was going to arrive two days late. A copy of the certified check and my letter to Attorney Laurence R. Chashin is enclosed herewith and marked as Exhibit No. 3. The account has been reinstated. The reinstatement amount has been paid in full. The Plaintiff does not have grounds of any nature or sort to advance a Motion for a Summary Judgment. The Defendant believes his account is current, the evidence and the checks attached hereto together with the evidence listed as exhibits confirm that the account is current. WHEREFORE, the Defendants herein, William L. Shearer, Jr. and Patricia F. Shearer, respectfully pray that the MOTION FOR SUMMARY JUDGMENT be denied. RESPECTFULLY SUBMITTED: DATE: April 10, 2003 L~/~ES M. BACH, ESQUIRE I/Attorney for the Defendant Attorney I.D. No. 18727 352 S. Sporting Hill Road Mechanicsburg, pA 17050 (717) 737-2033 JAMES M. BACH Attorney At Law 352 S. Sporting Hill Rd., Mechanicsburg, PA 17050, Tel: (717) 737-2033 March 11, 2003 Spear & Hoffman, P.A. Attention: Janet 1020 North Kings Highway, Suite 210 Cherry Hill, NJ 08034 Re: PNC Bank vs William L. and Patrida F. Shearer, Jr. Mortgage Foreclosure Cumberland County Docket Number 03-528 (Civil) Dear Janet: This will confm-n our detailed conversation on March 11, 2003. I advised you that I represent William L. Shearer, Jr., and his wife, Patricia F. Shearer, residing at 806 Alexander Spring Road, Carlisle, PA 17013. I requested from you a reinstatement amount for this mortgage. You indicated to me that I would receive this reinstatement amount in writing from your office in approximately seven to ten workdays from this date. This letter is to serve as the memorial of our telephone conversation. JAMES{~I. BACH ~lttomfy-at-Lam JMB/thl Cc: William L. and Patricia F. Shearer, Jr. EXHIBIT NO. 1 Law Offices Spe r and Hoffman v.^. lrvincC. Spear(1922-1976) THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. PLEASE SEE OTHER IMPORTANT NOTICES ATTACHED. March 20, 2003 WILLIAM L.SHEARER, JR PATRICIA F. SHEARER 806 ALEXANDER SPRING ROAD CARLISLE, PA 17013 RE: PNC BANK, N.A.V. WILLIAM L. SHEARER, JR PATRICIA F. SHEARER Client Loan No.: 5924736084 Attorney File No.: WMS-P-1686 Dear WILLIAM L. SHEARER, JR PATRICIA F. SHEARER: Pursuant to your request, following is the reinstatement information provided to me by the above referenced lender. Please note, the amount given is valid through 3/31/03. Payments must be received in this office no later than 3/29/03. All payments must be in the form of CERTIFIED CHECK OR CASHIERS CHECK. Make check payable to WASHINGTON MUTUAL BANK in the amount of $25,219.70. PERSONAL CHECKS WILL NOT BE ACCEPTED. SEND ALL FUNDS TO SPEAR ANY HOFFMAN, 1020 N. KINGS I-IWY, SUITE 210, CHERRY HILL, NJ 08034. REINSTATEMENT AMOUNTS MUSTBE RE-CONFIRMED WITH THIS OFFICE PRIOR TO SENDING IN ORDER TO BE ACCEPTED. THE ABOVE FIGURE ARE NOT GUARANTEED IN ANY WAY. Very Truly Yours, Laurence Chashin, Esquire SPEAR AND HOFFMAN, P.A. LC/bp EXHIBIT NO. 2 NlrA: 1020 N. Kings Highway ,Suite 210, CherT>, Hill, NJ 08034/(856) 755-1560/Fax (856}755-1570 ATFN: TEL: FAX: FROM: TEL: FAX: S&H File# LOAN # DEFAULT NAME: ADDRESS: REINSTATEMENTqUOTE Brandi /Spear and Hoffman, P.A. 856-755-1560 856-755-0534 WMS-P-1686 5924736084 8/1/2002 William Shearer 806 Alexander Sprin Carlisle, PA 17013 QUOTE DATE: NOTE: PLEASE SUBMIT A COPY OF THE REINSTATEMENT QUOTE WITH THE REINSTATEMENT FUNDS. THIS REINSTATEMENT FIGURE IS GOOD THROUGH 3/31/2003 Payment (s) (~ . $2,769.80 $22,158.40 Payment (s) @ $0.00 Payment (s) 1~} $0.00 SUeTOT^L I 822,188-401 Accured Late Charge $1,115.10 BPO $185.00 Net Other Fees $176.20 SUBTOTAL I $23,634.70 Attorney Costs $560.00 Attorney Fees $1,025.00 TOTAL DUE I 525,219.70 i The TOTAL DUE amount needs to be in our office2 DAYS before the DUE DATE. Submit all funds to: SPEAR 8, HOFFMAN, P.A. 1020 North Kings High~vay, Suite 210, Cherry Hill, NJ 08034 (We reserve the right to correct any portion of this Statement) Pursuant to the Fair Debt Collection Practices Act, you are advised this office Is attempting to collect a debt ,and any Information obtained will be used for that purpose. 2:33 PM Page I REIN-QUOTE.xls JAMES M. BACH Attorney At Law 352 S. Sporting Hill Rd., Mechanicsburg, PA 17050, Tel: (717) 737-2033 April 2, 2003 Laurence Chashin, Esquire Spear & Hoffman, P.A. 1020 North Kings Highway, Suite 210 Cherry Hill, NJ 08034 Dear Attorney Chashin: Re: PNC Bank vs William L. and Patricia F~ Shearer, Jr. Mortgage Foreclosure Client Loan No.: 5924736084 Cumberland County Docket Number 03-528 (Civil) · Attorney File No.: WMS-P-1686 Enclosed herewith please fred a reinstatement amount relative to my client, William L. Shearer, Jr. and Patricia F. Shearer. The amount of the certified check is $25,519.70 (Twenty-five thousand five hundred nineteen dollars and seventy cents). I believe this is sufficient to reinstate the account to current stares. Please note, that there is an additional $300.00 (Three hundred dollars) beyond the amount requested to account for the slight delay in transmitting funds to you. I wguld appreciate receiving from you a written acknowledgment indicating that the amount has been applied to their account and, further, that the account has been reinstated to current stares. · Lastly, my clients will resume normal, monthly, regular payments beginning in April of 2003. Respectfully, .4ttgm~y-at-La~v JMBIthl Cc: William L. and Pan:ida F. Shearer, Jr. EXHIBIT NO. 3 THIS DOCUMENT HAS AN ARTIFI('IAL WATERMARK PRINTED I)N TIlE [lACK. THE FRONT OF TIlE IX)CUMENT HAS A MICRO-PRINT $1GNA~UR[C LINE.. ABSENCE. OF THF~E FE.A TU R F.~; WILl. 48735O1128 ORRS~ OWN B~K P.O. 8OX 250 SHIPPENSBURG, PA 172S~ 0313 PAY TO THE ORDER OF DATE ~)RJI~ 2~ 2003 69-35/519 $_25s519.70 DOLLARS CASHIER'S CHECK ,:--- . -"--~-¢~--~--'-~~C) ~ SPEAR & HOFFMAN, P,A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 KINGS HIGHWAY, SUITE 210 CHERRY HILL, NJ 08034 (856) 755-1560 ATTORNEYS FOR PLAINTIFF PNC BANK, N.A. PLAINTIFF, VS. WILLIAM L.SHEARER, JR PATRICIA F. SHEARER DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03-528-CIVIL PRAECIPE TO SETTLE, DISCONTINUE AND END COMPLAINT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly settle, discontinue and end the above captioned complaint in Mortgage Foreclosure, without prejudice. SPEAR AND HOFFMAN, P.A. LAURENCE R. CHASHIN, ESQUIRE Attomeys for Plaintiff