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HomeMy WebLinkAbout03-0762FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 STATE STREET BANK AND TRUST COMPANY 7159 CORKLAN DRIVE JACKSONVILLE, PA 32258 VS. Plaintiff KENNETH MYERS 14 PINE HILL AVENUE MECHANICSBURG, PA 17055 ATrORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY NANCY MYERS 14 PINE HILL AVENUE MECHANICSBURG, PA 17055 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 arc 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 thc case may proceed without you and a judgment may be entered against you by thc court without further notice for any money claimed in the Complaint or for any other claim or relief requested by thc 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3156 Loan#:0001014726 TJN IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFYER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is o o STATE STREET BANK AND TRUST COMPANY 7159 CORKLAN DRIVE JACKSONVILLE, PA 32258 The name(s) and last known address(es) of the Defendant(s) are: KENNETH MYERS 14 PINE HILL AVENUE MECHANICSBURG, PA 17055 NANCY MYERS 14 PINE HILL AVENUE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 6/13/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to LANCORP MORTGAGE SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1388, Page 145. By Assignment of Mortgage recorded 6/4/01 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 676, Page 920. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. o The following amounts are due on the mortgage: Principal Balance Interest 10/01/2002 through 02/19/2003 (Per Diem $24.13) Attorney's Fees Cumulative Late Charges 06/13/1997 to 02/01/2003 Cost of Suit and Title Search Subtotal $103,621.17 3,426.46 1,250.00 124.10 $ 550.00 $108,971.73 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $108,971.73 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $108,971.73, together with interest from 02/19/2003 at the rate of $24.13 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: t~Francis~?Ha~l(na_ .~' [~/~ FRANI~ F*DERMAN, ~SQI~RE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff A~LL T~FI&'~ C:~I~TA~N lot o~ ~r~d ~mam in ~e To~ship oE Si~er Spring, County of Cumberl~d a~d Sram of Pe~sylv~a, more pard~l~ly ~unded ~d de~r~bed ~ ~ll~s, ~ wit: B~NNINI~ at a point on d~e nonJ~er~ Iin~ ~ Pine Hill ~d, at ~e dividing line ~tween ~ts Nos. 36 ~d 3T in ~e hereina~r mention~ ~ of ~; TH~NC~ along ~ no~e~ line of P ne Hill R~d, S~ ~6 de~ 12 minu~s West, 1~ feet to a ~i~,; ~NC~ in a w~:mrly diction, on a ~e to ~e tight having a radius ~r ~ f~ an ~c dis~ce of3g.2T l~t ~ a ~int on ~e ~m~ side of ~ust ~e; TH~NC~ ~on~ ~e ~te~ side of ~usc ~e, No~ 33 de~ 48 minums West, l~ ~t m a point; TH~C~ along o~er lands n~ or formerly of ~orge W. ~alker and ~ AIi~ ~alker. his wife, 36 and 3T, ~ou~ 3.} ~ ~ minu~ ~, l~O f~t to a ~[ne on ihe nor~e~ line of Pine Hill Road, ~e Pla~ of ~~G. B~NG ~0~ AS 1~ ~NE HiLL AVENUE VERIFICATION PAT1LICIA SRAGA hereby states that she is VICE PREDSIDENT of ABN-AMRO MORTGAGE GROUP, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: SHERIFF'S RETURN CASE NO: 2003-00762 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE STREET BANK AND TRUST CO VS MYERS KENNETH ET AL REGULAR CPL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MYERS KENNETH the DEFENDANT at 14 PINE HILL AVENUE · at 1737:00 HOURS, on the 27th day of February , 2003 MECHANICSBURG, PA 17055 by handing to KENNETH MYERS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this ~- day of ~ ~6~ A.D. So Answers: R. Thomas Kline 02/28/2003 FEDERMAN & PHELAN By': ,--~/~/~~~? f ~eputy S~ez~ft-f Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2003-00762 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE STREET BANK AND TRUST CO VS MYERS KENNETH ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MYERS NANCY the DEFENDANT at 14 PINE HILL AVENUE , at 1737:00 HOURS, on the 27th day of February , 2003 MECHANICSBURG, PA 17055 by handing to KENNETH MYERS, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 7 ~ day of ~ ~3 A.D. ~ tfrothonotary So Answers: R. Thomas Kline '" 02/28/2003 FEDERMAN & PHELAN Deputy Sheriff' - SHERIFF'S RETURN - REGULAR CASE NO: 2003-00762 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE STREET BANK AND TRUST CO VS MYERS KENNETH ET AL CPL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MYERS KENNETH the DEFENDANT , at 1737:00 HOURS, on the 27th day of February , 2003 at 14 PINE HILL AVENUE MECHANICSBURG, PA 17055 KENNETH MYERS by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this 7~~q-~ day of ~ ~;U~ A.D. So Answers: R. Thomas Kline 02/28/2003 FEDERMAN & PHELAN Prothonotary STATE STREET BANK AND TRUST COMPANY, Plaintiff vs. KENNETH MYERS and NANCY MYERS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-762 : CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Answer and New Matter 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 Square Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 N 0 T I C I A Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Square Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 STATE STREET BANK AND TRUST COMPANY, Plaintiff vs. KENNETH MYERS and NANCY MYERS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-762 : : CIVIL ACTION : : ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Defendants after reasonable investigation are unable to determine the correct amount of the balance and/or delinquency. This averment is therefore denied and proof thereof demanded at trial. 7. Admitted. 8. Admitted. 9. Admitted. WHEREFORE, Defendants requests that the suit be dismissed. NEW MATTER 10. Defendants believe that they last made a monthly payment in November 2002. 11. Defendants believe that their delinquency dates only from December 2002. WHEREFORE, Defendants request judgment in their favor. myers, nancy\answer YOFFE & YOFFE, P.C. Bye. / NORMAN M. YOFFE, ESQUIRE Attorney for Defendants 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 STATE STREET BANK AND TRUST COMPANY, Plaintiff vs. KENNETH MYERS and NANCY MYERS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-762 : CIVIL ACTION VERIFICATION I, Nancy Myers, being one of the Defendants, hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Answer are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Dated: NANCY M?ERS FEDERMAN AND PHELAN, L.L.P. BY: Michele M. Bradford, Esquire Identification No.: 69849 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 State Street Bank and Trust Company Plaintiff VS. Kenneth Myers Nancy Myers Defendants Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland County CIVIL DIVISION No. 03-762 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff incorporates herein by reference the averments of paragraphs one (1) through nine (9) of its Complaint as if set forth herein at length. 10-11. Denied. Plaintiff is without information sufficient to form a belief as to the troth of the truth of the averments regarding what Defendants believe. However, the Defendants' loan is due for their November 2002 payment, as stated in Plaintiff's Complaint. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Date: April 11, 2003 BY: Respectfully submitted, FEDERMAN AND PHELAN, LLP Michelek~l_: Bradford, Esquire Attorney t'or Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attomey for the Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are tree and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. FEDERMAN AND PHELAN, LLP Date: April 11, 2003 BY: MmheleqVl Bradford, Esqmre Attorney for Plaintiff' One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 FEDERMAN AND PHELAN, L.L.P. BY: Michele M. Bradford, Esquire Identification No.: 69849 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 State Street Bank and Trust Company Plaintiff VS. Kenneth Myers Nancy Myers Defendants Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland County CIVIL DIVISION No. 03-762 CERTIFICATION OF SERVICE I certify that a tree and correct copy of Plaintiff's Reply to Defendants' New Matter was sent via first class mail to the person listed below on the date indicated: Norman M. Yoffe, Esquire 214 Senate Avenue Suite 203 Camp Hill, PA 17011 Date: April 11, 2003 Michele 1~. Bradford, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN, L.L.P. BY: Michele Bradford, Esquire Identification No.: 69849 One Penn Center at Suburban Station, 1617 JFK Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff State Street Bank and Trust Company Plaintiff VS. Court of Common Pleas Cumberland County Civil Division Kenneth Myers Nancy Myers I Defendants I No. 03-762 I CERTFICATION OF SERVICE I hereby certify tree and correct copies of the Plaintiff's Responses to Defendants' Interrogatories directed to Plaintiff and Defendants' Request for Production of Documents were served by regular mail on counsel for the Defendants on the date listed below: Norman M. Yoffe, Esquire 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 Date: ~Esquire Attorney for Plaintiff FRED W. TROUT and DARLENE M. TROUT; Plaintiffs JAMIE L. CHANDA and WILLIAM R. WAUGH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-868 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTIOI~, AND NOW, this 28th day of April, 2003, the parties having requested a thirty (30) day continuance on March 25, 2003, and the Conciliator having received no further request for the Custody Conciliation Conference to reconvene, hereby relinquishes jurisdiction of the above captioned matter. Melissa Peel Greev~ Custody Conciliator :212677 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sutmitted in duplicate) TO THE PROTHONOTARY OF ~ERLASD COUNTY Please list the following case: (Check one) ( ) for ~3RY trial at the next term of civil court. ( x ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) Orrstown Bank 77 East King Street ShippensburG, Pennsylvania (Plaintiff) vs. 17257 John S. Vayanos 213 North Prince Street ShippensburG, Pennsylvania ( D~fendant ) vs. 17257 ( check one ) ( ) Civil Action - Law ( ) Appeal from Arbitration (x) MortGaGe Foreclosure (other) The trial list will be called on and Trials conmence on Pretrials will be' held on (Briefs are due 5 days before pretrials. ) (The party listinG this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) No. 946 Civil Term ~ 2003 Indicate the attorney who will try case for the party who files this praecipe: David A. Baric, Esquire, 17 West South Street, Carlisle, PA 17013 Indicate trial counsel for other parties if known: Karl E. RominGer, Esquire, 155 South Hanover Street, Carlisle, PA 17013 Date: This case is ready for trial. April 29, 2003 Signed: Print Name: David A. Baric, Esquire Attorney for: Plaintiff PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. State Street Bank and Trust Company 7159 Corklan Drive Jacksonville, PA 32258 Plaintiff VS. Kenneth Myers Nancy Myers 14 Pine Hill Avenue Mechanicsburg, PA 17055 Defendants Court of Common Pleas Civil Division Cumberland County No. 762 Civil 2003 State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff.' Address: Robert Lieberman, Esqmre 500 North 3~a Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108-1(}04 (b) for defendant: Address: Norman M. Yoffe, Esquire Yoffe & Yoffe, P.C. 214 Senate Avenue Suite 203 Camp Hill, PA 17011 I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: A'~om{~ ~or'Pli~'rtfff FEDERMAN AND PHELAN, LLP By: MICHELE M. BRADFORD, ESQUIRE Identification No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 ~) ~6~-7o00 State Street Bank and Trust Company 7159 Corklan Drive Jacksonville, PA 32258 Plaintiff VS. Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County Kenneth Myers Nancy Myers 14 Pine Hill Avenue Mechanicsburg, PA 17055 Defendants : No. 03-762 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST THE PROPERTY. MOTION FOR SI~MMARV .H~DGMENT Plaintiff respectfully requests that the Court enter an Ch-der granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: 1. There are no material issues of fact. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Since Defendants admitted the default in paragraph five of their Answer to the Complaint, summary judgment for Plaintiff is appropriate, as is further addressed in Plaintiffs attached Briefi 4. Defendants, Kenneth Myers and Nancy Myers, have filed an Answer to the Complaint in which they have effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 5. In their Answer, Defendants improperly deny paragraphs five and six of the Complaint, which aver the default and the amounts due on the Mortgage. Tree and correct copies of Plaintiffs Mortgage Foreclosure Complaint, Defendants' Answer and New Matter, and Plaintiff's Reply to New Matter are attached hereto, incorporated herein by reference, and marked as Exhibits C, D, and E, respectively. 6. Defendants have failed to sustain their burden of presenting facts, which contradict the averments of Plaintiffs Complaint. 7. Defendants admitted in paragraph three of their Answer that they executed the Mortgage and that the Mortgage has been assigned to Plaintiff. True and correct copies of the Mortgage and Note are attached hereto, made part hereof, and marked Exhibits A and Al, respectively. 8. As Defendants admitted in paragraph five of their Answer, the Mortgage is due for the November 1, 2002 payment, a period in excess of eight months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 9. Defendants' default is evidenced by Plaintiff's account records, true and correct copies of which are attached hereto, made part hereof and marked as Exhibit B1. Plaintiff received a payment from Defendants on October 30, 2002 in the amount of $1,109.72 and applied it to the October 2002 payment, leaving the loan due for the November payment, as claimed in Plaintiffs complaint. 10. Defendants have admitted that the notice provisions of Act 6 of 1974 and Act 91 of 1983 do not apply to this case. 11. Plaintiff sent Defendants letters dated December 17, 2002 and January 6, 2003 notifying Defendants of their default, the amount of money required to cure the arrears, and Plaintiff's intent to foreclose. True and correct copies of the letters are attached hereto, made part hereof and marked s exhibits G and H, respectively. 12. Defendants served Plaintiff with Interrogatories and a Production Request dated March 31, 2003 and Plaintiff replied on April 29, 2003. A tree and correct copy of Plaintiff's Certification of Service is attached hereto, made part hereof and marked as Exhibit F. 13. Defendants have the right to reinstate the loan up until one hour before a scheduled Sheriffs Sale. 2 WHEREFORE, Plaintiffrespectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Respectfully submitted, Federman and Phelan, LLP I~lic~he~e ~ Bradford, Esquire Attorney for Plaintiff' FEDERMAN AND PHELAN, LLP By: MICHELE M. BRADFORD, ESQUIRE Identification No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21.~. ~;6_~'7000 State SWeet Bank and Trust Company 7159 Corklan Drive Jacksonville, PA 32258 Plaintiff VS. Kenneth Myers Nancy Myers 14 Pine tlill Avenue Mechanicsburg, PA 17055 Defendants Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberiand County : No. 03-762 PLAINTIFF'g BRII~,F IN gI~PPORT OF ITg MOTION FOR RI~IMARV .H~TJGMF, NT I. DEI~.N'I)ANTg' BF. FAIN,T I~II~ER THE MORTGAGE On June 13, 1997 Defendants, Kenneth Myers and Nancy Myers, executed a Promissory Note in favor of Plaintiffs predecessor in interest, Lancorp Mortgage Services, Inc., in the principal sum of $109,049.00, this sum being payable in equal, consecutive, monthly installments of principal and interest of approximately $838.49. On the same date, Defendants made, executed and delivered a Mortgage on the property at 14 Pine Hill Avenue, Mechanicsburg, PA 17055 (hereinafter the "Property"), as collateral for the Promissory Note. The Mortgage was assigned to Plaintiff, as Defendants admitted in paragraph three of their Answer. Defendants defaulted under the Mortgage and Note by failing to make payments duc November 1, 2002 and each month thereafter. By the express terms oftbe Mortgage, upon default in such payments for a period of one month, the entire debt is immediately collectible. Because Defendants failed to take the necessa~ affirmative stcps to cure the delinquency, Plaintiff was left with no alternative but to foreclose in order to recover its unjust financial losses. Accordingly, the present action was filed on February 20, 2003. To date, Defendants have not brought thc account current. PLAINTIFF T~ F, NTTTT ~g~T) TO ~T~N4MAR¥ .IT~F~M]ENT A~ A MATTF~R f)F T,AW Summary judgment is a means to "eliminate the waste of time and resources of both litigants and the courts in cases where a trial would be a useless formality." 1 ~ile~ v Claimer, 389 Pa. Super. 451,567 A.2d 691 (1989); First v 7~cn 7~m Temple, 454 Pa. Super. 548, 551,686 A.2d 18, 20 (1996). A Motion for Summary Judgment shall be granted if the documents of record show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Pa.R.C.P. 1035.2(1); Allen v Merrlweather. 413 Pa. Super. 410, 411,605 A.2d 424 (1992); Reagel v New Pllvd Raking (2n The, 410 Pa. Super. 591,593, 600 A.2d 610 (1991). The moving party bears the burden of demonstrating clearly that there is no genuine issue of lriable fact. Drigeoll v Carpenterg Digtriet Council of Western Pennsylvania, 370 Pa. Super. 295, 536 A.2d 412 (1988); affirmed, 525 Pa. 205, 579 A.2d 863 (1990); Allen, 413 Pa. Super. at 411; gleasel, 410 Pa. Super. at 594; I-Iower v Whitmark Assoa , 371 Pa. Super. 443, 381 A.2d 524 (1988); Romah v. Hy~enie Sanitation Co: 705 A.2d 841,848 (Pa. Super. 1997). In response, the nonmoving party may not rest upon the pleadings, but must set forth specific facts demonstrating a genuine issue for trial. Phaff v Gerner, 451 Pa. 146, 303 A.2d 826 (1973); D~ai v Dennis, 431 Pa. Super. 366, 370, 636 A.2d 1130, 1132. Rule 1029Co) of the Pennsylvania Rules of Civil Procedure specifically provides: Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subdivision (c) and (e) of this rule, shall have the effect of an admission. It is well settled that a general denial is unacceptable and deemed an admission where it is clear that the defendant has adequate knowledge and that the means of information are within the control of the defendant, l~lia v Ols?ewgki, 368 Pa. 578, 84 A.2d 188 (1951). Cereone v Cemone, 254 Pa. Super. 381, 386 A.2d 1 (1978); City. cnePhilaclelphia v lq'ertler: 114 Pa. Cmwlth. 475,482, 539 A.2d 468, 472 (1988). Gm~4rieh. Arm-am 2d §1029(c)(1), p. 280. A general denial effectively manifests an admission to the facts averred in the complaint, gwifl v Milner~ 371 Pa. Super. 302, 308, 538 A.2d 28, 31 (1988); Michner v Mnntgome.~' (2onn~y Tax Claim R~rreau: 671 A.2d 285, 288 (Pa. Cmwlth. 1996). One purpose in 2 demanding a specific denial is to enable the parties to focus upon the disputed facts and to assist the Court in defining the issues for trial. Rngley. I-Iarting & Reege v ghmrt: 11 D&C 3d 303, 310 (Chester Co. 1979). Plaintiff submits that, in the Answer, Defendants have effectively admitted every allegation of the Complaint. Although Defendants purport to deny paragraph six of the Complaint, which avers the amounts due on the Mortgage, Defendants' averments amount to nothing more than general denials and demand for proof. Defendants generally deny the amount due under the Mortgage without reference to what they believe to be the correct amount due, or reference to any good reason to believe that the amount sought is erroneous. Unquestionably, Defendants know specifically what payments they made on the Mortgage. Accordingly, because Defendants are charged with having sufficient knowledge upon which to base a specific denial with respect to the averments contained in paragraph six oftbe Complaint, a general denial is insufficient to raise a genuine issue of fact. Cerenne v Cereone: supra; City ofPhilad~lphla v gIertler, supra. The Pennsylvania Superior Court has held that, in order to raise a genuine issue of fact, defendants may not rest on the pleadings, but must sustain the burden of presenting facts to counter Plaintiffs averments. New York Guardian Mortgage. v Diet.el: 524 A.2d 951 (Pa. Super. 1987). g/ashingtonY_edm~ Ravin~os and l.nan Agsoeiation v Stein: 515 A.2d 980 (Pa. Super. 1986). A party will not be able to rely on 1029(c) and be excused from answering averments based on a lack of information where that party has sufficient information at its disposal to answer such allegations. Cffi,,iliw ?}y Preate v Rain}mw Aggoeiateg, 138 Pa. Commw. 56, 587 A.2d 357, 358 (1991). The Pennsylvania Superior Court recently reiterated this principle in another mortgage foreclosure case. The Court held that the mortgagors' general denials in their answers to the Complaint must be considered admissions. Fimt Wigeongin Total- Co v gtrmmn~r: 439 Pa. Super. 192, 653 A.2d 688 (1995). The Court reasoned that the only persons with knowledge of the amount due, besides the mortgage company, would be the mortgagors. Therefore, if defendant mortgagors do not plead specific facts in response to the allegations in the Complaint regarding the default and the amount due, the defendants are deemed to have admitted the allegations, and summary judgment for the mortgage company is proper. First Wi.qe. nn~in Tnmt Co v ~qtrmm~er. supra. In determining if an answer is a general denial, the Court must examine the pleadings as a whole. Commw by Preate. ~npra. at 61,587 A.2d 357, 360 (1991). A review of the pleadings as a whole in the instant case reveals that Defendants have failed to sustain their burden of presenting facts, which contradict the elements of Plaintiffs claim. Defendants' general denial of the mounts due should be viewed as an admission by this Honorable Court. in. AMOITNT {)Ih' T~. IN REM .IIII)GME~NT The w/thin case is a mortgage foreclosure action, the sole purpose of which is to take the Defendants' mortgaged property to Sheriffs Sale. Pennsylvania law n~xkes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newmwn Village Partnershi? v. I(immel: 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). ~qi~al Ccm~nmer Di.qe.c~ml Company v l:lahu~ein, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in r_em judgment is only for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plainfiffwould receive the amount of the in rem judgment from the Sheriff, while the third party purchaser would obtain a deed to the property. Accordingly, as the amount of the in rem judgment has no bearing or impact on the Defendants, Defendants' arguments regarding this issue are moot. 4 IV. ~ ~ph five of their ~sw~ to ~e Compla~t, Def~ts specifically a~ed ~at ~e 1o~ is due for ~e Nov~ I, 2002 mo~gagc pa~t. ~c P~syl~ia S~or Co~ ~s held ~t s~ jud~t is ap~o~atc in a moP.ge fo~clos~c action when ~c mo~gag~ a~ he is delinqumt in mo~gage pa~. ~mningham Guardian Mn~ge Ca~ v ~et~el: 362 Pa. Su~. 426, 524 A.2d 951,952 (1987). 22 St~d P~l~ia ~cfice 2d ~121:69 (1995). ~ ad&fion, ~e Sup~or Co~ ~s held ~t ~e fact ~t ~e mo~gor nev~ a~ed ~e amo~t of ~e ~debte~ess d~s not ~ev~t ~e m~ of s~ jud~t in moa~ge foreclos~e, landm~ v We~t~ P~n~lvanla Nafinnal ~a~ ~5 Pa. 217, 282 A.2d 335 (1971); Citien~ M~ge: Inn v Mo~q~lle ~ampton Village RealW Ltd Pa~hip, ~3 Pa. Sup~. 595, ~1,662 A.2d 1120, 1123 (1995). P~syl~a law requkes ~at a foreclos~e jud~mt be mt~ed f~ a sm c~in. l .andm~ v Weat~ P~n~lvanln National gank: ~5 Pa. 217, 282 A.2d 335,340 ,[1971). ~ane ~ame Mn~Eage v G~d: 370 Pa. Sup~. 570, 537 A.2d 22 (1988). Nev~eless, ~ ~ ~eed~g. Die~el, 524 A.2d 951,953. ~c p~o~ ofajud~t ~ moP,ge for~los~e is solely to effect a ju&cial ~le of~e moa~ged ~p~. DietTel, 524 A.2d 951,953. Meca R ~al~ Cn v gum~, 414 Pa. 495, 200 A.2d 869 (19~). Accor~gly, ~e mo~t of~e f~eclom jud~mt is ~elev~t ~ ~f~. If~f~ red.ate or pay off~c 1o~, they MIl pay ~e ac~l ~o~t duc on ~c 1o~ as of · c ~te of~e r~s~t~t or payoff, not ~e jud~t ~o~t. ~e doll~ ~o~t ~ ~c jud~t is only used ~ ~c ~e circ~ce of a ~rd p~ bidd~ p~c~s~g ~e prop~ at sh~ff~le. A ~d p~ bidd~ is us~lly a real estate investor. r~ jud~t ~stcad of dec~g ~c prop~ to &c mo~gce. Moagagors do not bid ~ ~e ~op~ at Sh~ffs Sale. ~, ifa mo~gagor w~ to save his ~o~, he ~11 re.state or pay off~s 1o~. 5 Therefore, since the dollar amount of the in rem judgment has un effect on mortgagors, the Pennsylvania Supreme Court has decided that summary judgment is appropriate when a mortgagor admits his default, even if be does not admit the amount due on the loan. 1 .andan v Wentern Penn?lvania National Flank. 445 Pa. 217, 282 A.2d 335, 340 (1971). Since Defendants admitted their default in the within case, summary judgment for Plaintiff is appropriate. A denial of summary judgment would mean listing this case for trial, in a court system, which is already overburdened with an excess of trials. Furthermore, a trial would be a useless formality since Defendants admitted their default and they do not know how much money they owe on the loan. V. ATTI'~RNE~¥ i~,E,q AN-D f~O.qT~ ARE R~..A~qONAIIT,E As to the attorney fees recited in paragraph six of the Complaint, it should be noted that paragraph eighteen of the Mortgage clearly indicates that Defendants are liable for an attorney fee, costs of suit, and costs of title evidence if Defendants default on the loan. The atturney f~e claimed in Plaintiffs complaint is less than five percent oftbe principal balance due on the loan. When Plaintiffwas preparing its foreclosure Complaint, it could not know how much the attmmey fees and costs would be upon completion of the foreclosure action. Plaintiffcould not know whether the Defendants would contest the case and, if so, how extensively. Accordingly, Plaintiffused Pennsylvania case law as a gtride. Attorney fees are enforced in order to compensate the Plaintiff for the reasonable and necessary expenses of collection. The Superior Court has held that it is inequitable for a mortgagee to expend sums of money for attorney fees in order to collect sums owed to him. F~stgate [~nte,p,'i~es; Inn v Flank anti Tmgt Company of'Old York Roarl~ 236 Pa. Super. 503, 345 A.2d 279 (1975). A~ a general nde, attorney fees, which are reasonable, will be permitted by the Court. A mqoested fee of five percent of the outstanding principal balance has been granto~ by the Court. Pennsylvania Courts have long and repeatedly concluded that such a 5% provision is reasonable and enforceable. Robinson v l.nomis; 51 Pa. 78 (1865); Firut Federal gavingg and l.oan A~neiation v Street Road ,qhopping (~enter~ 68 D&C 2d 751,755 (1974). It is important to note that the attorney fees called for in the Mortgage are owned by the mortgagee, not the attorney. They are not limited to the actual attorney fees but cover also the extra charges made necessary because the mortgagor failed to meet his obligation. Fmflke v l-lalfield Fair Cxronnd~ l:laTaar~ lac; 196 Pa. Super. 155, 173 A.2d 703 (1961); l-la?er v Ccmac~lidated Rubber Cc~.: 284 Pa. 444, 131 A. 356 (1925). In l~ederal I .and l~lanlc c~f l~alfimore v Fetner~ the Superior Court held that an attorney fee of 10% of the original loan amount was not unconscionable. 410 A.2d 344 (Pa. Strper. 1979). Recently, the Superior Court cited Femer in confirming that an attorney fee often percent included in the judgment in a mortgage foreclosure action was reasonable. C, ifiec~? v Movrlg~lle l-Iampton Realty: 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff clearly outlined how Defendants could avoid paying Plaintiffs attorney fees in the Notice of Intention to Foreclose Mortgage, which was mailed to Defendants. Defendants, however, failed to take the necessary affirmative steps to cure the delinquency, but rather have opted to litigate, which has resulted in more attorney fees. Additionally, Plaintiff submits that 'the amount demanded for costs of suit and title search in Plaintiffs Complaint is neither excessive nor umeasonable. Moreover, the reasonableness of attorney fees does not create a genuine issue of material fact, which precludes the entry of summary judgment. First National Rank and Tmgt C.n of Newton v Fnrien. 40 D&C 3d 228 (1985). Importantly, Plaintiffrecognizes this Honorable Court's equitable authority to set attorney fees and costs as it deems reasonable. Therefore, there is no issue ofmateriai fact regarding attorney fees. VI. CN~Nf~i,II~ION The purpose of the summary judgment procedure is to prevent vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials when no genuine issue of material fact is raised. In making its determination, the Court must accept as tree all properly pleaded facts, as well as all reasonable inferences, which might be drawn fxom them. Thom.n~r~n v lq'anon, 379 Pa. Super. 115, 535 A.2d 1177 (1988), affirmed~ 527 Pa.330, 591 A.2d 703 (1991). The Court must restrict its review to material filed in support of and in opposition to the Motion for Smmnary Judgment, and to uncontxoverted allegations in the pleadings. Pa.R.C.P.1035. Overly v. kra~ 382 Pa. Super. 108, 545 A.2d 970 (1989). Plaintiff submits that it has demonstrated sufficient facts to warrant smmm~ judgment in its favor. Defendants executed the Mortgage knowing that they would be responsible for the payments. Defendants have admitted the existence of the mortgage and their default in their Answer to the Complaint. Plaintiff has provided an affidavit that Defendants are in default and set forth the mount owed by Defendants. Therefore, Plaintiff maintains that it has produced sufficient evidence to establish a prima facie case for mortgage foreclosure. Once Plaintiff has satisfied its burden, Defendants have a responsibility to demonstrate facts, which would create a genuine issue for trial. Phaff, .mpra Defendants have failed to sustain their burden of presenting facts, which would contradict the elements of Plaintiffs claim. Plaintiffrespectfully submits that the allegations of the Complaint are, in fact, uncontroverted. Defendants have had use of the Property rent-flee at Plaintiffs expense long enough. Defendants' Answer has been interposed for the purpose of delay only. Plaintiff requests that its Motion be granted so that it can recover the unjust financial losses it has incurred to date. WHEREFORE, Plaintiffrespectfully requests that an in rem judgment be entered in its favor for the amount due with interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged Respectfully submitted, Federman and Phelant, LLP Miche~ Ivll. ~r~d~oord, Esquire Attorney for Plaintiff EXHIBIT A COP I01 q-TZ6 ~' 3118MOHMAO~f~ecudiy~kgMmon June 13, 1007 ~hoMoflgtOorb KEJME1H NY~RS and NNIC¥ NYERS, H~SSAND & ¥1FE LANC~P NORT~ SERVICES .vdd~b orgmtmdmdembefloundorthoJmuof STATE OF P[NNSYLVANIA .md dueoeddmmb 2SS 8WL~R AVENU[, LANCAST[R, PA 17601 One Ibndred Nine Thousand For~y Nine Ibllars ~nd Zero Cents ~U.~. $ 109,M9.00 ~ LOAN NO. 601O43471 Cusberl&nd County, See attached Schedule. whlchlUtOthO"mMre#(f 14 PINE HILL AV~'NuE, 17055 f~p Code] ('ProlMfly Add~; dso bo codred bY tM8 8ocudty butruauaL Aq of tho Jo~ J8 ~fmod to Jfl thb 8oc~ty butnmmat u comum vdm [bdtaJ midtm by lufldcUon to corotint, a unSosm secudy bmnnm com~ M t~q Cm No. 4415434252 CMmdlnad P4. ~m 8C:HtDUtl C ..'. ~ 4 LOANNO. 60104347l p -.Pn:)~xhJm~ Act d 1974' 12 U'S'C' Seclkxl 21101 M m and Implemerlllng ~ 24 CI~I ~ by RESPA for unanlic~lmted di~)ur~mm~ o~ (ll~u~mmn~ Imlom Ihe Bonowe~m ImYmen~ If Bofmw~ tenclerl to L.qndm' the ful I:xlyment of adl such mires, Bofl'ow~s account M be creclltod wlh .?o . .1~ urKJm' tho Nolo afld INs Socuflly Jflst~ h tom~y__dellnc~ ~ BD~ h.. me omer m penagruph 3, mild theft tono u~n m pr. lm,/mem o~ ~ (x' (b) to tho resl(:xutkm (x, fe~xdr o~ tho · . r IrmlnJmef~ 8hM be IXdd to tim enlAy leoaly er~iJed there,:). . m .m~. m.d fomcl~ d If~ secu~/Im~.ne~ or olher ~ d t~le Io the proomtv Ih~ 4415434252 LOAN NO. 601043471 or tmnshw of the Properly) and shall cc~ to occupy the Property as uorrower$ pflnclpd mddenco for at b~.J o~e yeer alter the date of occupancy, urdess I. onder determines tha~ requkeme~l wll cause undue desm)y, damago or substamJ,ly chenge me Prope~ o~ eaow the P~pefly to de4mlomm, reasonable wear and tear excepted. I. ender may Inapec~ the Property I the Property i8 vaca~l( (x al3endoned or the loan Il In 8o,ow~ shall also bo In default If BotToWe~. dudag the k3en applica~Jofl pmce~ p matefltdy b or inaccurate ~ or 8Mtomoflts to Lefld~ (o~ faled to p-ovJde Lond~ yah oily matedM irdommtmfl) In 8onow~s ~ of the PTope~ as a i~Jnctpel rosk~ce. If this Securty IrumJmem Is Gfl a leesehdd. BoiTowor slud comiC/vdh tho p~oMok:~s of the Jeeso. ~f Bom3wor 8c~ leo tltlo to tho Pr~. lbo leesd-,okl fuy-J foe IMe shell m~ bo mergod udeos Loflder agroes to the me~ In willing. p~3coods to tho roductlofl of tho IndobMdfloss ~ndfw the N~e L . thio Socuflty Instrumoflt. J~M to m~/ 7. Ch~g# to Bof~ and PmlucUofl ol L, fldef'8 Right~ In the I)n)pefty. I~x~o~ ~1 i~/~11 sludJ pay these dXJgafJons off tJmo cikoctty to it~ efl~/wtdch b owed the peymor~ ff laluro to pey would odversdy oflec~ Lender's M In the Properly, tqx)fl Lender's requeM b sdull profl~dly lufldsh to If Borrow rah to nmke ll~ paymenl~ or the paymenl~ mquked by paragraph 2. or lal~ to pedoml Borrower:. (a) agrees In willing to t.he...j~xl:~w .Jo.re.. of the obiigaiJon secured by the lien In a manner m:ceplablo to Loflder; (b) conteds In goocI faith the llefJ by, or cldends againd ef~ of lhe Ikm In, legal proceedings wtdch Jn the Londm's o~dfliofl oporate to pmvefl the eflfo~emeflt of the Heft; or (c) socoros from the holder cd tho II,m an agroeme~ satishcto~ to Londe~ su~:~JinatJng ~ ~ to ~ ~ Insmm~eflt. ff Leflder delomdrm8 thet any ;)mt of the Properly b 8ul3Ject to a Hen which mr.f attMn pfloAy ovw this 8ecudly Inalmmenl, Le~' may give Bom3w~ 8 neOce klen~lyk~ the lien. Bonow~' ehd m~lidy FH~ C~m NO. 4415434252 t~t..P4n(PA) peo~ LoAN No. 601043471 & Fee~. Lender may collect lees and charges authorized by the Secreta~/. 9. Ground~ for' AccellrMion of Debt. (a) DelaulL Lende~ may, ~xcep4 as limited by regulatlo~ Issued by the Secretary, in the case If: (]) Borrow~ defaults by hailing to pay in full any monthly paymen~ required by this Securl~/ InsUument pdo~ to o~ o~ the due date ol the rmxt monthly paymem, o~ 3,11(d) o~the Gam-SL Germa~ Depo~ InstlluUons Act of 19~2, 12 U.S.C. 17011-3(d)) and Secuftty Instrtune~ il: (I) .Ali. or Prat o1' the Prope~/, o~ a 13em~ticlal ~eres~ In a tru~ owning all or part ot' the Propmty, Is a~o or oUme. dse tran~erred (oUter than by devise or descenl), and approved In accordance wilh the requiremeols o~ the Sectored/. - (c) No W,,iv~'. If circumslances occur that would pem~ La.lac to require Immediate payme~ in s bsequem events. e~$ rightS, In the case ol payment delllults, to require immediate payme~ In pemaUed by regu o the Secmary. (o) Mortgage Not Inaur~l. Borrower ~ that Il this Secu~ty Instmmo~ and the Note are nc~ de~emdned to be eligible for Insurance under the National Housing Ac~ within 60 day~ from the date hefeol, L.end~ may, at its option, require immediate payme~ in full (3/all sums ~cured by this to 60 days from the date hefeo~, decl~ to Insure this .e, ecurily Instrumem and the Nme, ~hall be q~ercbed by Lende~ when the unavalabily o1' Insurance b solely due to Lender,s falure tc mmll a 10. Rehm~tement. Bo~rowe~ has a rigM to be reinstated It Lender has required Immediate pa~ in full because o~ BorroweC's f-alum to pay an amoum due under the No~e o~ this 8ecurly Ina~umem. This t~l~appl~eve~ ~.~ I. oredosure _proceedings .me .:.ed. To reinstate the Secudly Inslrumenl. teoder m a ~ump sum a~ amoums required to bdng Borrower's accounl ctm. em including, to required to peru, dr reinstateme~ ~f: (I) Lende~ has accepled reinstatement alter the commencemeot foreclosure proceeding. 01) reinstatemer~ wil precJude foreclosure on dlllemol grounds In the future, 11. Borrower Not 3ele~<l; Forbearance By Lender Not · W~iv~. Extension to any successo~ In I~erest of Borrow~ shall no~ operate to release the Ilal~l~/ o/ the original Bom3wer ~'HA C~* No. 44154:34252 ELr.-4n(P~) ~ LOAN NO. 601043471 Le~Jer.sh~ be dkucted to the Property Addross or aflY other re:Minos ~ ~eo by notice to $4. GovlTd~ Law; SewmMIy. This Securly lnslnJnmrd shM be govemed by Feder~J law and the ~releese m any Hazmdou8 Subetaflceo on m* in the Properly. ~M~ n(x~~ c)uuennceo mm are genemay recogrized to bo epptopdme to nomad roMdemM uue end to mMmmma~ ...... . ach~J ~ ff Ik~ le~ ~e o~t~ ~ ~ t~ ~ ~ ~ ~ ~ I toII~or~~ ~4A cm No. 4415434252 ELF.-4R(PA) LOAN NO. 601043471 17. AsM~nme~ of ReMs. BO~TMOr ~NJo~ as~ 8nd trar~fo~ to Lofldor d tho r8~s ofld afld hefld)y dkects each tMmnt of the Propm~ to pay the fords to Lofldor o~ Lender'8 8gems. However, pdor to Lindens no~ce to 8omMor o/Bo. uwo~*o breech ol any coveflam or agroemem Jn the Securty benell d LendM and Bonowet'. This ~ of renls consllutes an absolute assignment orl:l nc~ an If Lende~ gives notlco ol bflJech to B(XTOWeC (a) all rems received by BOE(Me~ shall be held by 8~,.~M n truMoe kx boflo~ ot Lmtdor ody, to be applbd to the sums socumd by tho Inmrume~t; (b) Loflder dui bo emlJed to cdiect afld roceive fd c~ the rdr~S o~ the I~, efld (c) eech teflent (~ tho Property 8hel pey el ro~s due and unpaid to kende~ or Lender's eOom on Loflde~8 wd~ofl ho~r2].. _RM~ PmJod. Bonowo~s tkno to rdrutaM ~ in peragmph ]0 shall oxlo~J to oflo in~fl~to Ihe comflwm:ement ol 131ddlng M a dxJdl'$ side or O~M sale pursuant to ibis Securly Bomwmr~2. Purghnso Money Mo~ If afly ol the clebl secured by this Secudly Instnmm~ Is le~ to to mXlulro title to the Prc, pofly, this Sec~ Inammu~ shall bo a purchase money moflg80o. eflt 23~..bde~l~...Rite .A~ Judgmo~_ Borrower .agree. thai the Intere~ me payable al~er a Judgme~ il m~ wlh mb Secudly Insbmnem, the covemm~ ol MK:h such dder shal be Inco~ imo m~d M Secudq Insuume . lCheck op k:sUe box(M)). B Plarned Unl Deveiopmeflt Rlde~ ~~ Equity RIdM C3(:Mxw [spec~] 4415434252 L(:MN NO. 6O1O43471 Vmummyhmdthts 13th dayof June, oaml,. I~"'~ d, yd ' ...To~ .-?J~camJ~..4415434252 IStlJldl EXHIBIT A1 June 13, 1007 LOAN NO. 601043471 InmWmloreJommedddM~nLondw. Bon~M~tol~ylhelXim~pdmmol (he Hundred Nine l~ousand Forty Nine and M/lO0 Ddlm OJ.& S 109,049.00 ), Plm InmMt, Io ~o ad~ of Lender. W MI be cherged on uq~l pdndp~fremthodmeddMxnomemMmek~npmceedobyL~br. Mmomoof Eight and One / #Ill 3. PJKNiI~ TO PAY SECiJRED dL MANN~ OF PAYMENF FBymmMbonucleet 25S BUTLER AVENUE, LANCASTER, PA 17601 Elu:h nUmIMY PeJmm d W and Ilmm v4 bo In mo limit af U.S. S 8~8.4g s. ~ AIOITTO PREPAY 8ecmWry. Il Bonower ..,.~.. p... ._ tho ELFIN LOAN NO. 601043471 &.'BOgIKWk'~R~ FAII..~?.E TO PAY c~ Inlhe emount M Foul' pemeM ( 4~0000 1&) o/the owid~ amount M eedi pejmet ?. WJUVEJIS I. MVliG (~ NOI1CES aimed In PM~ 4(B) or i a M Iddmi81 W k glwm a notk~ d thlt dllefent Iddfm~ mlY .eld~. b giglalliMIr tldl Note _eOldnlt lech peaOn mmvlaul!y_ c~ W d iI~ . .~nv erie F4m]n ul~ng IIIb NM my be wluimd IO Fey MI dlhe ~mmmt~ owad unda, lhis NMe. W __ 4416434262 ~ ~ DAYOF June L(WIN~ eOlO4M71 ~¥~I~C/M N~ 4415~4~2 EXHIBIT B PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF COUNTY OF ) Katflall Dupu~ , being duly sworn according to law, deposes and says: l. I am employed'in the capacity of Li3altAd~ation ~BN AMRO Mortgage Group, Inc., mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendants have been credited to Defendants' accounts. $. Defendants' mortgage payments due November 1, 2002 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal 'Balance Interest October 1,2002 through February 19, 2002 (Per Diem $24.13) Attorney's Fees Cumulative Late Charges June 13, 1997 to February 1,2003 Cost of Suit and Title Search Subtotal Escrow Credit Escrow Deficit $103,621.17 $3,426.46 $1,250.00 $124.10 $550.00 $108,971.73 $0.00 $0.00 TOTAL $108,971.73 7. Mortgagors have failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagors with a Notice of Intention to Foreclose Mortgage, but Defendants did not take the necessary affirmative steps to avoid foreclosure. 9. The subject mortgage is insured by the Federal Housing Administration. 10. Plaintiff properly accelerated its mortgage to protect its interests. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF ,2003 NOTARY PUBLIC ABN AMRO Mortgage Group, Inc. MAURICE S. JACKSON Notary Public, State of FIoride My comm. expires July 23, 2005 Comm. No. DD 044475 File Name and Number: Kenneth Myers and Nancy Myers, Account No.: 0001014726 EXHIBIT B1 ABN-AMRO ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FLORIDA 32258 ABN AMRO Mortgage Group, Inc. 7159 Cork[an Drive Jacksonville, Florida 32258-4455 REQ BY TLS CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 04/08/03 PAGE 1 KENNETH MYERS NANCY MYERS 14 PINE HILL AVE MECHANICSBURG PA 17055 LOAN NUMBER: 0001014726 .......................... CURRENT ACCOUNT INFORMATI(~ ........................ DATE TOTAL PRINCIPAL LOAN CURRENT PAYMENT PAYMENT & INTEREST INTEREST PRINCIPAL ESCROW DUE AMOUNT PAYMENT RATE BA3~CE BALANCE 11-01-02 1,068.26 838.49 8.50000 103,621.17 363.96- ACTIVITY FOR PERIOD 03/01/01 - 04/07/03 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION TP3%NSACTION PRIN. PAID/ ESCROW PAID/ ............. OTHER ............. AMOUNT BALANCE INTEREST BALANCE AMOI~T CODE/DESCRIPTION 04-07-03 11-02 161 ESCROW ADVANCE 42.20 0.00 0.00 42.20 04-04-03 07-03 310 MORTGAGE INSUP3%NCE DISBURSEMENq? 42.20- 0.00 0.00 42.20- 363.96- 03-21-03 11-02 161 ESCROW ADVANCE 321.76 0.00 0.00 321.76 03-20-03 04-03 313 PROPERTY TAX DISB 355.10- 0.00 0.00 355.10- 321.76- 03-17-03 11-02 152 LATE CHARGE ASSESSMENT 0.00 03-04-03 07-03 42.20- 02-20-03 03-03 410.00- 02-18-03 11-02 0.00 02-04-03 07-03 42.20- 01-17-03 11-02 0.00 NEW PRINCIPAL/ESCROW BALANCES NEW PRINCIPAL/ESCROW BDJ_4~NCES 0.00 0.00 0.00 41.32-1 LATE CHARGE 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 42.20- 33.34 351 HOMEOWNERS/FIRE INS 0.00 0.00 410.00- 75.54 152 LATE CH~GE ASSESSMENT 0.00 0.00 0.00 41.32-1 LATE CH~GE 310 MORTGAGE INSUP~CE DISBURSEMENT 0.00 0.00 42.20- 485.54 NEW PRINCIPAL/ESCROW BALANCES 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 4]..32-1 LATE C~L~RGE NEW PRINCIPAL/ESCROW BALANCES NEW PRINCIPAL/ESCROW BALANCES I ABN-AMR0 MORTGAGE GROUF, INC. 7159 CORKLAig DRIVE JACKSONVILLE, FLORIDA 32258 ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258-4455 REQ BY TL3 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 04/08/03 PAGE 2 KEiTNETH MYERS LOAN NUMBER: 0001014726 ACTIVITY FOR PERIOD 03/01/01 - 04/07/03 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION TRANSACTION PRIN. PAID/ ESCROW PAID/ ............ OTHER ............. AMOUNT BALANCE INTEREST BALANCE AMOS~T CODE/DESCRIPTION 01-03-03 07-03 310 MORTGAGE INSURANCE DISBURSEMENT 42.20- 0.00 0.00 42.20- 527.74 NEW PRINCIPAL/ESCROW BALANCES 12-16-02 11-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 41.32-1 LATE CHARGE 12-04-02 07-03 310 MORTGAGE INSURANCE DISBURSEMENT 42.20- 0.00 0.00 42.20- 569.94 NEW PRINCIPAL/ESCROW BALANCES 11-18-02 11-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 4]..46-1 LATE CHARGE 11-04-02 07-03 310 MORTGAGE INSURANCE DISBURSEMENT 42.20- 0.00 0.00 42.20- 612.14 NEW PRINCIPAL/ESCROW BALAigCES 10-30-02 ~ 173 PAYMENT ~ 1,109.72 103.77 734.72 197.97 4]..46 1 LATE CHARGE 33..80 LIFE PREMIUM 103,621.17 654.34 NEW PRINCIPAL/ESCROW BALANCES 10-30-02 10-02 173 PAYMENT 12.00 0.00 0.00 0.00 12.00 X JUST IN TIME ELE PYM 10-16-02 10-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 4]..46-1 LATE CHARGE 10-04-02 07-03 310 MORTGAGE INSURANCE DISBURSEMENT 42.20- 0.00 0.00 42.20-  456.37 NEW PRINCIPAL/ESCROW BALANCES ~27-02 173 PAYMENT ~ 1,109.72 103.04~ 735.45 197.97 41.46 1~1.80 LATELiF~ CHARGEpRR~TT~M~,. -~ 103,724.94 498.57 NEW PRINCIPAL/ESCROW BALANCES 09-27-02 09-02 173 PAYMENT _~ ]~,0(k-.--~ 0.00 0.00 0.00 12.00 X JUST IN TIME ELE Pt94 25-02 8~_~,)174 PAYMENT ~ 0.00-- 102.32 736.17 157.21 3]..80 LIFE PREMIUM 1,027.50-' SUSPENSE ~/ 103.827-9S __300.60 NEW PRINCIPA.L/ESCROW BALANC_q.~,~ 09-16-02 08-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 4]..46-1 LATE CHARGE ABN.AMRO ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FLORIDA 32258 ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonvilte, Florida 32258-4455 REQ BY TL3 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 04/08/03 PAGE 3 KENNET~ MYERS LOAN NUMBER: 0001014726 ACTIVITY FOR PERIOD 03/01/01 - 04/07/03 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION TPJ%NSACTION PRIN. PAID/ ESCROW PAID/ ............. OTHER ............. AMOUNT BALANCE INTEREST BALkNCE AMOt~T CODE/DESCRIPTION 09-04-02 07-03 310 42.20- 0 08-27-02 07-02 168 ~.00 0.00 0.00 ,,0 --27-o2 73 1,304.45 101.60 736.89 103r930.30 08-27-02 07-02 173 PAY~N'r 12.00 0.00 0.00 08-20-02 07-02 173 PAYMENT 0.00 0.00 0.00 MORTGAGE INSLTRANCE DISBURSEMENT .00 0.00 42.20- 143.39 NEW PRINCIPAL/ESCROW BALANCES REPAY OF ESCROW ADVANCE 12.38- 12.38 ADVANCE REFUND 3~L.80 LIFE PREMIUM~ 197.97 236.19 SUSPENSE ~ 185.59 NEW PRINCIPAL/ESCROW~BALANCRS_~/ 0.00 12.00 X JUST IN TIME ELE PYM 0.00 4.00 5 INSPECTION 4.00- SUSPENSE 08-20-02 07-02 173 PAYMENT 0.00 0.00 0.00 0.00 4:L.46 1 LATE CHARGE 4~L.46- SUSPENSE 08-16-02 07-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 08-05-02 07-02 161 ESCROW ADVANCE 12.38 0.00 0.00 12.38 08-02-02 07-03 310 MORTGAGE INSURAi~CE DISBURSEMEN~F 42.20- 0.00 0.00 42.20- 12.38- 07-29-02 06-02 168 REPAY OF ESCROW ADVANCE 0~77~6 ~00 ~ 0.00 0.00 168.15- 29-02 173 0.00 100.88 737.61 104,031.90 -0~06~02 173 PAYMENT ,304.4~--~ O,00 n.oo 07-26-02 06-02 173 PAYMENT 12.00 0.00 0.00 07-22-02 06-02 173 PAYMENT 0.00 0.00 0.00 4 :L . 46 - 1 LATE CHARGE 197.97 29.82 0.00 0.00 0.00 NEW PRINCIPAL/ESCROW BALANCES 168.15 ADVANCE REFUND 3[L.80 LIFE PREMIUM ~ 1,068.26- SUSPENSE ) NEW PRINCIPAL/ESCROW BAI~aXI~ESJ 1.~Q4.41 SUSPENSE ~ 12.00 X JUST IN TIME ELE PYM 41L.46 1 LATE CHARGE 4:L.46- SUSPENSE ABN'AMR0 N AMRo MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FLORIDA 32258 ABN AMRO Mortgage Group, inc. 7159 Corklan Drive Jacksonville, Florida 32258-4455 REQ BY TL3 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 04/08/03 PAGE 4 KENNETH MYERS LOAN Nq3MBER: 0001014726 ACTIVITY FOR PERIOD 03/01/01 - 04/07/03 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TP~ANSACTION TP, ANSACTION PRIN. PAID/ ESCROW PAID/ ............. OTHER ............. AMOUNT BALANCE INTEREST BALANCE AMOt~T CODE/DESCRIPTION 07-19-02 06-02 161 ESCROW ADVANCE 168.15 0.00 0.00 168.15 07-18-02 08-02 316 DISB OF LIEN 1,125.44- 0.00 0.00 1125.44- 168.15- NEW PRINCIP/%L/ESCROW BAI~CES 07-16-02 06-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 4iL.46-1 LATE CHARGE 07-03-02 07-02 310 MORTGAGE INSUP~CE DISBURSEMENT 42.69- 0.00 0.00 42.69- 957.29 NEW PRINCIPAL/ESCROW BAL~CES 194.69 SUSPENSE J W PRINCIPAL/ESCROW BAL4%N~ 06-28-02 05-02 173 PAYMENT 12.00 0.00 0.00 0.00 06-18-02 05-02 173 PAYMENT 0.00 0.00 0.00 0.00 06-18-02 05-02 173 PAYMENT 0.00 0.00 0.00 0.00 06-17-02 05-02 0.00 06-04-02 07-02 42.69- 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 12.00 X JUST IN TIME ELE PYM 4.00 5 INSPECTION 4.00- SUSPENSE 41.46 1 LATE CHARGE 4~L.46- SUSPENSE 41L.46-1 LATE CHARGE 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 42.69- 0~,) 7~Q.55 /F~5-29-02 ~4- 173 PAYMENT / 0.00 99.47 739.02 197.97 ~ 104,232.95 803.24 05-28_~a~ Q~02 173 PAYMENT ~,,._.__~,304.4~ D 0.90 o.oo o.oo 05-28-02 04-02 173 PAYMENT 12.00 0.00 0.00 0.00 05-17-02 04-02 173 PAYMENT 0.00 0.00 0.00 0.00 NEW PRINCIPAL/ESCROW BALANCES 31.80 LIFE PREMI~"-~"~.~ 1,068.26- SUSPENSE ~ NEW ]fRINC I PAL/ES CROW BALJ%NCES 1,30 t .41 SUSPENSE ~ 12.00 X JUST IN TIME ELE PYM 41.46 1 LATE CHARGE 41.46- SUSPENSE ABN.AMRO ABNAMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSON'gILLE, FLORIDA 32258 ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258-4455 REQ BY TL3 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 04/08/03 PAGE 5 KENNETH MYERS LOAN NUMBER: 0001014726 ACTIVITY FOR PERIOD 03/01/01 - 04/07/03 PROCESS DUE TP, ANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION TRANSACTION PRIN. PAID/ ESCROW PAID/ ............. OTHER ............. AMOUNT BALANCE INTEREST BALANCE AMO[~T CODE/DESCRIPTION 05-16-02 04-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 05-03-02 07-02 310 42.69- 0 41.46-1 LATE CHARGE MORTGAGE INSUR3~CE DISBURSEMENT .00 0.00 42.69- 605.27 NEW PRINCIPAL/ESCROW BA/~ANCES 04-30-02 04-02 173 PAYMENT 0.00 0.00 0.00 0.00 04-30-02 03-02 173 PAYMENT 0.00 98.77 739.72 197.97 104,332.42 647.96 04-29-02 03-02 173 PAYMENT 1,304.41 0.00 0.00 0.00 04-29-02 03-02 173 PAYMENT 12.00 0.00 0.00 0.00 04-17-02 03-02 173 PAYMENT 0.00 0.00 0.00 0.00 04-16-02 04-02 313 PROPERTY TAX DISB 355.10- 0.00 0.00 355.10- 449.99 04-16-02 03-02 152 LATE CHA~GE ASSESSMENT 0.00 0.00 0.00 0.00 04-04-02 07-02 42.69- 4.00 5 INSPECTION 31.80 LIFE PREMIUM 1,072.26- SUSPENSE NEW PRINCIPAL/ESCROW BALANCES 04-28-02 1,304.41 SUSPENSE 12.00 X JUST IN TIME ELE PYM 42L.46 1 LATE CPiARGE 4~L.46- SUSPENSE NEW PRINCIPAL/ESCROW BALANCES 41L.46-1 LATE CHARGE 310 MORTGAGE INSLTRANCE DISBURSEMENT 0.00 0.00 42.69- 805.09 NEW PRINCIPAL/ESCROW BALANCES 03-29-02 03-02 173 PAYMENT 0.00 0.00 0.00 0.00 03-28-02 02-02 173 PAYMENT 1,304.41 98.07 740.42 104,431.19 03-28-02 02-02 173 PAYMENT 12.00 0.00 197.97 847.78 4.00 5 INSPECTION 4.00- SUSPENSE 0.00 0.00 124.68 1 LATE CHARGE 32L.80 LIFE PREMIUM 11~L.47 SUSPENSE NEW PRINCIPAL/ESCROW BALANCES 12.00 X JUST IN TIME ELE PYM ABN.AMRO ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FLORIDA 32258 ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258-4455 REQ BY TL3 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 04/08/03 PAGE 6 KENNETH MYERS LOAN NUMBER: 0001014726 ACTIVITY FOR PERIOD 03/01/01 - 04/07/03 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION TRANSACTION PRIN. PAID/ ESCROW PAID/ ............. OTHER ............. AMOUNT BALANCE INTEREST BALANCE AMOt~T CODE/DESCRIPTION 03-18-02 02-02 0.00 03-04-02 07-02 42.69- 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 4]L.46-1 LATE CHARGE 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 42.69- 02-28-02 01-02 173 1,109.42 97. 649.81 PAYMENT 38 741.11 197.97 104,529.26 692.50 02-28-02 01-02 173 PAYMENT 12.00 0.00 0.00 0.00 02-19-02 01-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 02-06-02 03-02 351 HOMEOWNERS/FIRE INS 392.00- 0.00 0.00 392.00- 494.53 02-04-02 07-02 42.69- 01-24-02 00-00 37.16 01-16-02 01-02 0.00 01-04-02 07-02 42.69- NEW PRINCIPAL/ESCROW BALANCES 4]L.16 1 LATE CHARGE 31.80 LIFE PREMIUM NEW PRINCIPAL/ESCROW BALANCES 12.00 X JUST IN TIME ELE PYM 4 iL. 46-1 LATE CHARGE NEW PRINCIPAL/ESCROW BALANCES 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 42.69- 886.53 NEW PRINCIPAL/ESCROW BALANCES 601 MISC. CORPOR3%TE DISBURSEMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 4:L.46-1 LATE CFJ%RGE 310 MORTGAGE INSUP,3%NCE DISBURSEMENT 0.00 0.00 42.69- 12-24-01 01-02 173 PAYMENT 7.50 0.00 0.00 12-24-01 12-01 173 PAYMENT 1,114.14 96.70 741.79 929.22 0.00 12-24-01 12 12-17-01 0 202.22 NEW PRINCIPAL/ESCROW BALANCES 7.50 5 INSPECTION 104,626.64 971.91 12-01 173 PAYMENT .00 0.00 0.00 0.00 12-01 152 LATE CHARGE ASSESSMENT .00 0.00 0.00 0.00 41.63 1 LATE CHARGE 31.80 LIFE PREMIUM NEW PRINCIPAL/ESCROW BALANCES 12.00 X JUST IN TIME ELE PYM 4 :L. 46 - 1 LATE CHARGE ABN.AMRO ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FLORIDA 32258 ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville. Florida 32258-4455 REQ BY TL3 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 04/08/03 PAGE 7 KENNETH MYERS LOAN NLTMBER: 0001014726 ACTIVITY FOR PERIOD 03/01/01 - 04/07/03 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TPJ%NSACTION TR3%NSACTION PRIN. PAID/ ESCROW PAID/ ............. OTHER ............. AMOUNT BALANCE INTEREST BALANCE AMO[~T CODE/DESCRIPTION 12-12-01 11-01 173 1,072.51 96 104,723 12-12-01 11-01 173 12.00 0 12-04-01 07-02 310 42.69- 0 11-27-01 00-00 601 10.00 0 11-16-01 11-01 152 0.00 0 11-02-01 07-02 310 PAYMENT .02 742.47 202.22 31.80 LIFE PREMIUM .34 769.69 NEW PRINCIPAL/ESCROW BALANCES PAYMENT .00 0.00 0.00 12.00 X JUST IN TIME ELE PYM MORTGAGE INS~CE DISBURSEMENT .00 0.00 42.69- 567.47 NEW PRINCIPAL/ESCROW BA3~CES MISC. CORPORATE DISBURSEMENT .00 0.00 0.00 LATE CF.~-RGE ASSESSMENT .00 0.00 0.00 4~L.63-1 LATE CHARGE MORTGAGE INSURANCE DISBURSEMENS~ 42.69- 0.00 0.00 42.69- 610.16 10-29-01 10-01 173 PAYMENT 0.00 95.34 743.15 170.42 104,819.36 652.85 10-29-01 09-01 173 PAYMENT 2,123.05 94.67 743.82 202.22 104,914.70 482.43 10-29-01 09-01 173 PAYMENT 12.00 0.00 0.00 0.00 10-17-01 09-01 174 PAYMENT 0.00 0.00 0.00 41.63- 280.21 10-16-01 09-01 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 NEW PRINCIPAL/ESCROW BALANCES 3~L.80 LIFE PREMIUM NEW PRINCIPAL/ESCROW BALANCES 41.63 1 LATE CHARGE NEW PRINCIPAL/ESCROW BkLANCES 12.00 X JUST IN TIME ELE PYM 4ZL.63 1 LATE CHARGE NEW PRINCIPAL/ESCROW BALANCES 4ZL.63-1 LATE CHARGE 10-04-01 07-02 42.69- 09-19-01 09-01 0.00 09-05-01 07-02 42.69- 310 MORTGAGE INSURANCE DISB[TRSEMENT 0.00 0.00 42.69- 321.84 NEW PRINCIPAL/ESCROW BALANCES 152 LATE CH~GE ASSESSMENT 0.00 0.00 0.00 41.63-1 LATE CHARGE 310 MORTGAGE INSUR3~CE DISBURSEMENT 0.00 0.00 42.69- 364.53 NEW PRINCIPAL/ESCROW B/LLANCES I ABN'AMR0 N MORTGAGE SROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FLORIDA 32258 ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258-4455 REQ BY TL3 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 04/08/03 PAGE 8 KENNETH MYERS LOAN NUMBER: 0001014726 ACTIVITY FOR PERIOD 03/01/01 - 04/07/03 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION TRANSACTION PRIN. PAID/ ESCROW PAID/ ............. OTEER ............. AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION 08-30-01 08-01 173 PAYMENT 1,082.34 94.01 744.48 202.22 4~L.63 1 LATE CHARGE 105,009.37 407.22 NEWPRINCIPAL/ESCROW BA.LANCES 08-30-01 08-01 12.00 08-16-01 08-01 0.00 08-03-01 07-02 42.69- 173 PAYMENT 0.00 0.00 0.00 12.00 X JUST IN TIME ELE PYM 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 4:L.63-1 LATE CHARGE 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 42.69- 205.00 08-02-01 08-01 316 DISB OF LIEN 1,115.19- 0.00 0.00 1115.19- 247.69 07-30-01 08-01 173 PAYMENT 12.00 0.00 0.00 0.00 07-30-01 07-01 173 PAYMENT 1,082.34 93.35 745.14 202.22 105,103.38 07-16-01 07-01 0.00 07-03-01 07-01 43.14- NEW PRINCIPAL/ESCROW BALANCES NEW PRINCIPAL/ESCROW BALANCES 12.00 X JUST IN TIME ELE PYM 4~L.63 1 LATE CHARGE 1362.88 NEW PRINCIPAL/ESCROW BALANCES 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 4[L.63-1 LATE CHARGE 310 MORTGAGE INSURANCE DISBUESEME/~T 0.00 0.00 43.14- 06-29-01 07-01 12.00 06-29-01 07-01 5.52 06-29-01 06-01 1,082.34 92 105,196 06-18-01 06-01 0.00 06-04-01 07-01 43.14- 05-30-01 06-01 0.00 1160.66 173 PAYMENT 0.00 0.00 0.00 173 PAYMENT 0.00 0.00 0.00 173 PAYMENT NEW PRINCIPAL/ESCROW BALANCES 12.00 X JUST IN TIME ELE PYM 5.52 5 INSPECTION .69 745.80 202.22 42L.63 1 LATE CHARGE .73 1203.80 NEW PRINCIPAL/ESCROW BALANCES 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 41.63-1 LATE CHA.RGE 310 MORTGAGE INSUP~CE DISBURSEMENT 0.00 0.00 43.14- 1001.58 NEW PRINCIPAL/ESCROW BALANCES 173 PAYMENT 0.00 0.00 0.00 [L.98 5 INSPECTION ~L.98- SUSPENSE ABN.AMR0 ABNAMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FLORIDA 32258 ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258-4~.55 REQ BY TL3 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 04/08/03 PAGE 9 KENNETH MYERS LOAN NUMBER: 0001014726 ACTIVITY FOR PERIOD 03/01/01 - 04/07/03 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION TPANSACTION PRIN. PAID/ ESCROW PAID/ ............ OTHER ............. AMOUNT BALANCE INTEREST BALANCE AMOS~T CODE/DESCRIPTION 05-25-01 05-01 173 PAYMEI~T 0.00 92.04 746.45 202.22 105,289.42 1044.72 05-25-01 04-01 173 PAYMENT 1,842.77 91.39 747.10 202.22 105,381.46 842.50 05-22-01 04-01 173 PAYMENT 0.00 0.00 0.00 0.00 05-22-01 04-01 173 PAYMENT 0.00 0.00 0.00 0.00 05-16-01 04-01 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 NEW PRINCIPAL/ESCROW BALANCES 12.00 X JUST IN TIME ELE PYM 250.65- SUSPENSE NEW PRINCIPAL/ESCROW BALANCES 7.50 5 INSPECTION ?.50- SUSPENSE 41.63 1 LATE CHARGE 41.63- SUSPENSE 4]..63-1 LATE CHARGE 05-04-01 07-01 43.14- 310 MORTGAGE INSURANCE DISBURSEMEN]? 0.00 0.00 43.14- 640.28 04-30-01 03-01 173 PAYMENT 0.00 90.75 747.74 202.22 105,472.85 683.42 04-30-01 02-01 173 PAYMENT 1,842.77 90.11 748.38 202.22 105,563.60 481.20 04-23-01 00-00 766 MISC. REPAYMENT 3.50 0.00 0.00 0.00 04-23-01 00-00 766 MISC. REPAYMENT 5.50 0.00 0.00 0.00 04-23-01 00-00 601 MISC. CORPOHATE DISBURSEMENT 7.50 0.00 0.00 0.00 04-19-01 02-01 173 PAYMENT 0.00 0.00 0.00 0.00 NEW PRINCIPAL/ESCROW BALANCES NEW PRINCIPAL/ESCROW BALANCES 12.00 X JUST IN TIME ELE PYM 250.65- SUSPENSE NEW PRINCIPAL/ESCROW BALANCES 4]..63 1 LATE CHARGE 4]..63- SUSPENSE 04-16-01 02-01 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 4]..63-1 LATE CHARGE 'ABN'AMR0 N GROUP, INC. 7159 CORKLA/~ DRIVE JACKSONVILLE, FLORIDA 32258 ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258-4455 REQ BY TL3 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 04/08/03 PAGE 10 KENNETH MYERS LOAN NUMBER: 0001014726 ACTIVITY FOR PERIOD 03/01/01 - 04/05'/03 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION TRANSACTION PRIN. PAID/ ESCROW PAID/ ............. OTHER ............. AMOUNT BALkNCE INTEREST BALANCE AMO[5~-T CODE/DESCRIPTION 04-06-01 04-01 313 PROPERTY Ti~ DISB 321.29- 0.00 0.00 321.29- 278.98 NEW PRINCIPAL/ESCROW BALANCES 04-04-01 07-01 310 MORTGAGE INSURANCE DISBURSEMENT 43.14- 0.00 0.00 43.14- 600.27 NEW PRINCIPAL/ESCROW BALANCES 03-30-01 02-01 173 PAYMENT 0.00 0.00 0.00 0.00 03-28-01 01-01 173 PAYMENT 1,040.71 89.48 749.01 202.22 105,653.71 643.41 03-28-01 01-01 173 PAYMENT 60.00 0.00 0.00 0.00 03-28-01 01-01 173 PAYMENT 12.00 0.00 0.00 0.00 03-28-01 01-01 173 PAYMENT 128.52 0.00 0.00 0.00 03-28-01 01-01 173 PAYMENT 601.54 0.00 0.00 0.00 03-23-01 00-00 601 MISC. CORPORATE DISBURSEMENT 3.50 0.00 0.00 0.00 03-23-01 00-00 601 MISC. CORPORATE DISBURSEMENT 5.50 0.00 0.00 0.00 03-16-01 01-01 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 03-02-01 07-01 43.14- 7.50 5 INSPECTION 7.50- SUSPENSE NEW PRINCIPAL/ESCROW BALANCES 60.00 5 INSPECTION 12.00 X JUST IN TIME ELE PYM 128.52 1 LATE CHARGE 60:[.54 SUSPENSE NEW PRINCIPAL/ESCROW BALANCES 6 6 NEW PRINCIPAL/ESCROW BALANCES 441.19 03-01-01 01-01 186 2,245.13 0.00 2,245.13 0.00 03-01-01 01-01 186 105,743.19 105,743.19 0.00 0.00 105,743.19 4:L.63-1 LATE CF~ARGE 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 43.14- EXHIBIT C FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 STATE STREET BANK AND TRUST COMPANY 7159 CORKLAN DRIVE JACKSONVILLE, PA 32258 Plaintiff VS. KENNETH MYERS 14 PINE HILL AVENUE MECHANICSBURG, PA 17055 NANCY MYERS 14 PINE HILL AVENUE MECHANICSBURG, PA 17055 Defendant(s) .ATTORNEY FOR PLAINi'IIq~' COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED leOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAIr~4MED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT DE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 Al' 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. IF THIS IS THE ~IRST NOTICE THAT YOU HAVE RECEIVED FROM TH ES O~'~'ICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE~ DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR T~ NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE~ THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHI~RWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is STATE STREET BANK AND TRUST COMPANY 7159 COR.KLAN DRIVE JACKSONVILLE, PA 32258 The name(s) end last known address(es) of the Defendant(s) are: KENNETH MYERS 14 PIlqE HILL AVENUE MECHANICSBURG, PA 17055 NANCY MYERS 14 PINE H1LL AVENUE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) end real owner(s) of thc property hereinafter described. On 6/13/97 mortgagor(s) made, executed end delivered a mortgage upon the l~:mises hereinafter described to LANCORP MORTGAGE SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1388, Page 145. By Assignment of Mortgage recorded 6/4/01 the mortgage was assigned to PLAINTII, I,' which Assignment is recorded in Assignment of Mortgage Book No. 676, Page 920. The premises subject to said mortgage is described as atlached. The mortgage is in default because monthly payments o13 principal end interest upon said mortgage due 11/01/2002 end each month thereafter are due end unpaid, end by the ic.~s of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balence end all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest I0/01/2002 tire,ugh 02/19/2003 (Per Diem $24.13) Attorney's Fees Cumulative Late Charges 06/13/1997 to 02/01/2003 Cost of Suit and Title Search Subtotal $103,621.17 3,426.46 1,250.00 124.10 $ 550.00 $108,971.73 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 108,971.73 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 Sherifl°s Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINI'IIq' demands an in rem Judgment against the Defendant(s) in the sum of $108,971.73, together with interest from 02/19/2003 at the rate of $24.13 per diem to the date of Judgment, and other costs and charges collect~ole under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN AND PHELAN, LIP By: /s/Francis S. Hallinan FRANK F-EDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQLERE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALI. T~&T ~TAJ~r lot ct' ~round sltuat~ tn th= Township oF Sf~ver Spring, of Cumberland a~d St;m ct' Pc:msylvnnl;t. mcr= pm-tfcula~-ly bounded and desc~bed as D~_,~l~q~r]~o at a point on I~o nol't~.rn IL, i~ o~' Pin Hill Road, at ~c dividing llnc b~ve~ ~ocs Nos. 36 and 3'7 in ~o ~r~ m~ ~ of ~; TH~C~ M~g ~c 36 ~d ~, ~ 3.) ~ ~ mtnu~ ~ I~0 f~t to a ~ln~ ~ ~ no~e~ H~ of Pine Hill ~d, ~e ~ BEING ~0~ AS 14 PI~ HILL _VERIFICATION PATRICIA SRAGA hereby states that she is VICE PREDSIDENT of ABN-AMRO MORTGAGE GROUP, INC. mortgage senticing agent for Plaintiffin this matter, that she is author/zed to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DAT~: EXHIBIT D STATE STREET BANK AND TRUST : IN THE COURT OF COMMON PLEAS OF COMPANY, : CUMBERLAND COUNTY, PENNSYLVAN~ Plaintiff : vs. : NO. 03-762 -~ 3~ ._~ ~NNETH MYERS and : CIVIL ACTION N~CY MYERS, : Defendants : NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Answer and New Matter 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 Square Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 NOT I C I A Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter %ma apariencia escrita o en persona o por abogado y archivar en la corpse en forma escrita sue defenses o sue objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sue propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAC4%R TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECTION SE ENCUENTHA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Square Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 STATE STREET BANK AND TRUST COMPANY, Plaintiff vs. KENNETH MYERS and NANCY MYERS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-762 : CIVIL ACTION ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Defendants after reasonable investigation are unable to determine the correct amount of the balance and/or delinquency. This averment is therefore denied and proof thereof demanded at trial. 7. Admitted. 8. Admitted. 9. Admitted. WHEREFORE, Defendants requests that the suit be dismissed. NEW MATTER 10. Defendants believe that they last made a monthly payment in November 2002. 11. Defendants believe that their delinquency dates only from December 2002. WHEREFORE, Defendants request judgment in their favor. YOFFE & ¥OFFE, P.C. NORMAN M. YOFFE, Attorney for Defendants 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 STATE STREET BANK AND TRUST COMPANY, Plaintiff vs. KENNETH MYERS and NANCY MYERS, Defendants : IN THE COURT OF CO~ON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-762 : : CIVIL ACTION VERIFICATION I, Nancy Myers, being one of the Defendants, hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Answer are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: / / EXHIBIT E FEDERMAN AND PHELAN, L.L.P. One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-~63-4491 Email: michele.bradford~fedphe, eom Michele M. Bradford, Esquire Litigation Department April 11, 2003 Representing Lenders in Pennsylvania and New Jersey* Office of the Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013-3387 Re: State Street Bank and Trust Company v. Myers Cumberland County CCP, No. 03-762 Dear Sir/Madam: Enclosed please find Plaintiff's Reply to Defendants' New Matter to Plaintiff's Complaint and Certification of Service for filing with the court. Please return a time-stamped copy of the first page of the Reply and Certification in the enclosed self-addressed stamped envelope. Your cooperation in this matter is appreciated. MMBPozc Enclosures cc: Norman M. Yoffe, F2,quire ABN AMRO Mortgage Group, Inc. (Jacksonville, FL)/Attn: Tricia Lyons, Foreclosure Depa~ h,enffAccount No.: 0001014726 * Please be advised that this finn is a debt collector aVu;mpflng to collect a debt. .Any information received will be used fax that propose. If you have previously recto/veal a discharge h banlaupt~ and tl~ debt was not rea~. ~ this cozrespondencc is not and should not be construed to be an attempt to collect a debt, but ovly enforcement of lien aga/nst property. FEDERMAN AND PHELAN, L.L.P. BY: Michele M. Bradford, Esquire Identification No.: 69849 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 State Street Bank and Trust Company Plaintiff VS. Kenneth Myers Nancy Myers Defendants Attomey for Plaintiff COURT OF COMIVlON PLEAS Cumberland County CIVIL DIVISION No. 03-762 THIS FIRM IS A DE~T COLLECTOR Al 1 eMYrllqG TO COLLECT A DEBT. ANY INFORMATION OBTAINBD WILL BE USED FOR THAT PURPOSE. IF YOU HAVB PREVIOUSLY RECEIVED A DISCHARGB IN BANKR~ AND THIS DBBT WAS NOT REA~'I~'IRMED, THIS CORRESI~ONDI~ICB IS NOT AND SHOULD NOT BE CONSTRUED TO BB AN A'i-lIBl~fl~f TO COl.! ~CT A DEI~r, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiffincorporates herein by reference the averments of paragraphs one (1) through nine (9) of its Complaint as if set forth herein at length. 10-11~ Denied. Plaintiff is without information sufficient to form a belief as to the truth of the troth of the averments regarding what Defendants believe. However, the Defendants' loan is duo for their November 2002 payment, as stated in Plaintiff's Complaint. WHEREFORE, Plaintiff respectfully requests that the Com~ enter judgment in its favor and again~ Defendant as requested in Plaintiff's Complaint. Date: April 11, 2003 BY: Respectfiflly :mbmittect, FEDERMAN AND PHELAN, LLP % AMi~hmeley~f~rBp l~l.d; ffl~Esquire VERIIiICATION Miehele M. Bradford, Esquire, hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of her knowledge, information and belief. The undemigned und~t~tands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to uneworn falsifications to authorities. Date: April 11, 2003 BY: FEDERMAN AND PHELAN, LLP Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 FEDERMAN AND PHELAN, L.LP. BY: Michele M. Bradford, Esquire Identification No.: 69849 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 State Stxeet Bank and Trust Company Plaintiff VS. Kenneth Myers Nancy Myers Defendants Attorney for Plaintiff COURT OF COMMON pLEAS Cumberland County CIVIL DIVISION No. 03-762 CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Reply to Defendants' New Matter was sent via first class mail to the person listed below on the date indicated: Non. an M. Yoffe, Esquire 214 Senate Avenue Suite 203 Camp Hill, PA 17011 Date: April 11, 2003 Michele I~. Bradford, Esquire Attorney for iPlaintiff EXHIBIT F FEDERMAN AND PHELAN, L.L.P. BY: Michele Bradford, Esquire Identification No.: 69849 One Penn Center at Suburban Station, 1617 JFK Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 State Street Bank and Trust Company VS. Kenneth Myers Nancy Myers Plaintiff Defendants Attomey for Plaintiff o Court of Common Pleas '~,t'~. ~berl~d Co~ty Cihl Di~sion No. 03-762 CERTFICATION OF SERVICE I hereby certify true and correct copies of the Plaintiff's Responses to Defendants' Interrogatories directed to Plaintiffand Defendants' Request for Production of Documents were served by regular mail on counsel for the Defendants on the date listed below: Norman M. Yoffe, Esquire 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 Date:~ ~~squire Attorney for Plaintiff EXHIBIT G ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258 (904) 260-2642 DECEMBER 17, 2002 KENNETH MYERS / NANCY MYERS 14 PINE HILL AVE MECHANICSBURG, PA 17055 INVESTOR NUMBER: B44 AVISO IMPORTANTE PARA LAS PERSONAS QUE HABLAN ESPANOL: ESTA NOTIFICACION ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTIUNAR VIVENDO EN SU CASA. SI NO COMPRENDE EL CONTE~IDO DE ESTA CARTA, OBTENGA UNA TRADUCCION INMEDIATAMENTE. SI USTED NO LLAMA A RESPONDE ABNAMRO MORTGAGE A ESTE NUMERO DE TELEFONO 1-800-288-2642 USTED PUEDE PERDER SU CASA. IMPORTANT NOTICE FOR SPANISH SPEAKING PERSONS: THIS NOTICE IS OF GREAT IMPORTANCE SINCE IT AFFECTS YOUR RIGHT TO CONTINUE LIVING IN YOUR HOUSE. IF YOU DO NOT UNDERSTAND THE CONTENTS OF THIS LETTER, OBTAIN A TRANSLATION IMMEDIATELY. IF YOU DO NOT CALL ABN AMRO MORTGAGE AT THIS TELEPHONE NUMBER 1-800-288-2642 YOU MAY LOSE YOUR HOME. RE: LOAN NUMBER: 0001014726 DEAR MR. A/~D MRS. BORROWER: WE WANT TO HELP YOU SAVE YOUR HOME. IF THE REASON FOR THE FAILURE TO PAY WAS DUE TO A TEMPORARY SITUATION THAT WILL SOON BE CORRECTED, WE MAY BE ABLE TO WORK WITH YOU TO ARR3%NGE FOR REPAYMENT ON TERMS YOU CAN AFFORD. OR WE MAY BE ABLE TO WORK OUT ~NOTHER~J~TERNATIVE ACCEPTABLE TO YOU. PLEASE CALL ABN AMRO MORTGAGE AT 1-800-288-2642 AS SOON AS POSSIBLE TO PURSUE THIS OPTION. WE HAVE ENCLOSED THE PAMPHLET "HOW TO AVOID FORECLOSURE" WHICH DESCRIBES METHODS TO ASSIST YOU IN BRINGING YOUR MORTGAGE CURRENT. IF YOU ARE UNABLE TO BRING YOUR MORTGAGE CURRENT, THE PAMPHLET ALSO ADDRESSES OTHER ATLERNATIVES TO FORECLOSURE. FORECLOSURE IS THE LEGAL MEANS THAT WE MAY USE TO TAKE OWNERSHIP OF YOUR HOME IF YOU DO NOT MAKE YOUR MORTGAGE PAYMENTS. DR231 PAGE 2 LOAN NUMBER: 0001014726 YOUR MORTGAGE PAYMENTS OF $ 1,068.26 PLUS LATE CHARGES OF $ 82.78 FOR NOVEMBER 01, 2002 AND DECEMBER 02, 2002 ARE PAST DUE. IF THESE PAYMENTS ARE NOT RECEIVED BY DECEMBER 27, 2002 YOU COULD LOSE YOUR HOME. IF YOU HAVE ALREADY MAILED THE PAYMENTS, PLEASE ACCEPT OUR THANKS. PRIOR TO CONTACTING US, YOU SHOULD CONTACT A HUD-APPROVED HOUSING COUNSELLING AGENCY BY CALLING 1-800-569-4287 (TDD 1-800-877-8339). A COUNSELOR WILL REVIEW YOUR FINANCIAL SITUATION. THE COUNSELOR MAY BE ABLE TO SUGGEST HOW YOU CAN ARRANGE TO PAY THE OVERDUE PAYMENT(S) AND MAKE TIMELY PAYMENTS IN THE FUTURE. THE COUNSELOR WILL ALSO DISCUSS OTHER AVAILABLE OPTIONS. WE WANT TO HELP YOU SAVE YOUR HOME. PLEASE READ THE PAMPHLET CAREFULLY. IT COULD ASSIST YOU IN PREVENTING FORECLOSURE. PLEASE BE ADVISED THAT ABN AMRO MORTGAGE GROUP, INC. MAY BE CONSIDERED A DEBT COLLECTOR; ANY INFORMATION OBTAINED MAY BE USED FOR TEAT PURPOSE. SINCERELY, CPI CUSTOMER COUNSELOR ENCLOSURE: HUD PAMPLLET PA-426 CC: DR231 EXHIBIT H ABN AMRO MORTGAGE GROUP, 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258 INC. INVESTOR NO.: B44 January 06, 2003 PMI: 703/U Kenneth Myers Nancy Myers 14 Pine Hill Ave Mechanicsburg PA 17055 0001014726234 -FIRST CLASS- -CERTIFIED MAIL- RE: AMIC LOAN NO. 0001014726 By this letter, we are notifying you that you have thirty (30) days from the date of this letter to correct the existing default on the loan listed above. If you do not correct the default within 30 days, the principal balance $ 103,621.17, and all sums secured by the Mortgage/Deed are ~e and payable without further notice. If you wish to reinstate the account, you must send certified funds (cashier's check or money order) for $ 3,280.76, plus any additional fees due on your account. An additional monthly payment must be added to this amount on the next due date. Only the full amount due will be accepted. If you send less than the total amount, or if you send a personal check, we may return it to you. We must receive the required funds on or before 30 days from the date of this letter. By this letter, we are also notifying you of your right to reinstate your loan after acceleration, as provided by the Mortgage/Deed. You also have the right to bring court action to assert the non-existence of the breach of contract or any other legal defense to acceleration or foreclosure. If you have questions or we can be of further assistance, call me or a member of our Customer Counselling Staff toll- free at 1-800-288-2642. Please be advised that Abn Amro Mortgage Group, Inc. may be considered a debt collector; any information obtained may be used for that purpose. Sincerely, RP1 Customer Counseling DR009 Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiffin this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are tree and correct to the best of her knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date M~Esqmre Attorney for Plaintiff FEDERMAN AND PHELAN, LLP By: MICHELE M. BRADFORD, ESQUIRE Identification No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (2~ ~ Attorney for Plaintiff State Street Bank and Trust Company 7159 Corklan Drive Jacksonville, PA 32258 Plaintiff VS. Kenneth Myers Nancy Myers 14 Pine Hill Avenue Mechanicsburg, PA 17055 Defendants : Court of Common Pleas : Civil Division : Cumberland County : No. 03-762 CF,,RTTFTCATTON OF RERVTCE I hereby certify a tree and correct copy of the foregoing Plaintiffs Motion for Summary Judgment, Brief in Support thereof, and Argument Praecipe was served by regular mail on Defendants on the date listed below: Norman M. Yoffe, Esquire Yoffe & Yoffe, P.C. 214 Senate Avenue Suite 203 Camp Hill, PA 17011 'ch~e M. Brantford, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP BY: BENJAMIN J. GINSBERG, ESQUIRE Identification No. 89404 One Penn Center at Suburban Station 1617 J.F.K. Blvd. - Suite 1400 Philadelphia, PA 19103-1814 State Street Bank and Trust Company 7159 Corklan Drive Jacksonville, PA 32258 PLAINTIFF VS. Kenneth Myers Nancy Myers 14 Pine Hill Avenue Mechanicsburg, PA 17055 DEFENDANTS Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY CCP NO. 03-762 CERTIFICATION OF NO RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 1. On June 9, 2003, Plaintiff filed a Motion for Summary Judgment against Defendants, Kenneth Myers and Nancy Myers. 2. Attorney for the Plaintiff hereby certifies that Plaintiff has not received a response or brief in opposition to the Motion for Summary Judgment. WHEREFORE, Plaintiff respectfully requests that this matter be directed to the Assigned Judge for grant of Plaintiff's Motion for Summary Judgment. Date Respectfully submitted, Federman and Phelan, LLP /2~m~ee ;fJo; Gp i~.SnCti [~' FEDERMAN AND PHELAN, LLP BY: BENJAMIN J. GINSBERG, ESQUIRE Identification No. 89404 One Penn Center at Suburban Station 1617 J.F.K. Blvd. - Suite 1400 Philadelphia, PA 19103-1814 State Street Bank and Trust Company 7159 Corklan Drive Jacksonville, PA 32258 PLAINTIFF VS. Kenneth Myers Nancy Myers 14 Pine Hill Avenue Mechanicsburg, PA 17055 DEFENDANTS Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY CCP NO. 03-762 CERTIFICATE OF SERVICE I hereby certify a tree and correct copy of the foregoing Plaintiff's Certification of No Response was sent via regular mail on counsel for Defendants on the date listed below: Norman M. Yoffe, Esquire Yoffe & Yoffe, P.C. 214 Senate Avenue Suite 203 Camp Hill, PA 17011 DATE: '~" {~'/0'~ [ Benjgafiih J. Ginsberg, Esquire [ Attorney lbr Plaintiff aid/forms/for ms/myers,kenneth FEDERMAN AND PHELAN, LLP By: MICHELE M. BRADFORD, ESQUIRE Identification No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) .~3-7000 Attorney for Plaintiff State Street Bank and Trust Company 7159 Corklan Drive Jacksonville, PA 32258 Plaintiff : Court of Common Pleas : Civil Division : Cumberland County Kenneth Myers Nancy Myers 14 Pine Hill Avenue Mechanicsburg, PA 17055 Defendants : No. 03-762 AND NOW, this pon Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendants, the Court determines that Plaintiff is entitled to Summary Judgment as a matter of law, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendants, Kenneth Myers and Nancy Myers, for $108,971.73 plus interest fi.om February 19, 2003 at the rate of $24.13 per d. iern and other costs ~and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. ' : - - .ii~ J. FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station: Suite 1400 Philadelphia, PA 19105 (215) 563-7000 Attorney for Plaintiff STATE STREET :RANK AND TRUST COMPANY 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258 VS. : CUMBERLAND : COURT OF COMMON PLEAS : CIVIL DIVISION KENNETH MYERS 14 PINE HILL AVENUE MECHANICSBURG, PA 17055 NANCY MYERS 14 PINE HILL AVENUE MECHANICSBURG, PA 17055 NO. 03-762 PRAEClPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Summary Judgment in favor of the Plaintiff and against KENNETH MYERS AND NANCY MYERS, DefendS, hr(s) in accordance with the Court's Order dated AUGUST t9, 2003. Assess Plaintiff's damages against KENNETH MYERS AND NANCY MYERS as follows: As set forth in the Order Interest - 2120103-8119103 TOTAL $108,971.73 $ 4,367.53 $113,339.26 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: RMS PRO PROTHY c] ajd/forms/forms/myers.kenneth FEDERMAN AND PHELAN, LLP By: MICHELE M. BRADFORD, ESQUIRE Identification No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) q6~-7000 Attorney for Plaintiff State Street Bank and Trust Company 7159 Corklan Drive Jacksonvffie, PA 32258 Plaintiff VS. : Court of Common Pleas : Civil Division : Cumberland CounW Kenneth Myers Nancy Myers 14 Pine Hill Avenue Mechanicsburg, PA 17055 Defendants : No. 03-762 ORDI~R ~ AND NOYV, this ~ day of Yj:~~2003 up onconsiderationof Plaintiff's Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendants, the Court determines that Plaintiff is entitled to Summary Judgment as a matter of law, and it is hereby: ORDERED and DECREED that an m mm judgment is entered in favor of Plaintiff and against Defendants, Kenneth Myers and Nancy Myers, for $108,971.73 plus interest from February 19, 2003 at the rate of $24.13 per diem and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. J. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 STATE STREET BANK AND TRUST COMPANY Plaintiff, KENNETH MYERS NANCY MYERS Defendant(s). No. 03-762 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest - 2/20/03 to 8/19/03 ~/~Interest fi.om 8/20/03 DECEMBER 2003 to 10, (per diem -$18.63 ) TOTAL $108,971.73 $4,367.53 $2,105.19 and Costs $115,444.45 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern line of Pine Hill Road, at the dividing tine between Lots Nos. 36 and 37 in the hereinafter mentioned Plan of Lots; thence along the Northern line of Pine Hill Road, South 56 degrees 12 minutes West, 125 feet to a point; thence in a Westerly direction, on a curve to the fight having a radius of 25 feet, an arc distance of 39.27 feet to a point on the Eastern side of Locust Lane; thence along the Eastern side of Locust Lane, North 33 degrees 48 minutes West, 125 feet to a point; thence along other lands now or formerly of George W. Walker and Mary Alice Walker, his wife, North 56 degrees 12 minutes East, 150 feet to.a point on the dividing line between Lots Nos. 36 and 37, South 33 degrees 48 minutes East, 150 feet to a point on the Northern line of Pine Hill Road, the place of beginning. BEING Lot No. 37, in the Plan of Lots of George W. Walker, being a section of White Birch Farms, as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania in Plan Book 33, Page 127. Tax Map 14-0847 Parcel 063 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO03~762 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due STATE STREET BANK AND TRUST COMPANY Plaintiff (s) From KENNETH MYERS NANCY MYERS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also cYtrected to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fi.om paying any debt to or for the account of the defendant (s) and fi.om delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a gantishee and is enjoined as above stated. Amount DueS 113,339.26 L.L.$ 0.50 Interest FROM 8/20/03 TO DECEMBER I0, 2003 (PER DIEM- $18.63) Atty's Corem % Due Prothy $1.00 $2,105.19 Atty Paid $: 141.90 Plaintiff Paid Date: SEPTEMBER 10, 2003 Other Costs (Seal) CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name FRANK FEDERMAN ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 FEDERMAN and PItELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 STATE STREET BANK AND TRUST COMPANY Plaintiff, KENNETH MYERS NANCY MYERS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-762 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 STATE STREET BANK AND TRUST COMPANY 7159 CORKLAN DRIVE Plaintiff, KENNETH MYERS NANCY MYERS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-762 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant KENNETH MYERS is over 18 years of age and resides at, 14 PINE HILL AVENUE, MECHANICSBURG, PA 17055. (c) that defendant NANCY MYERS is over 18 years of age, and resides at, 14 PINE HILL AVENUE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff STATE STREET BANK AND TRUST COMPANY Plaintiff, KENNETH MYERS NANCY MYERS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-762 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) STATE STREET BANK AND TRUST COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,14 PINE HILL AVENUE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH MYERS 14 PINE HILL AVENUE MECHANICSBURG, PA 17055 NANCY MYERS 14 PINE HILL AVENUE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BENEFICIAL CONSUMER DISCOUNT COMPANY NORTHWEST CONSUMER DISCOUNT, INC. REFINANCE AMERICA LTD AMERICAN GENERAL FINANCE, INC. P.O. BOX 7040 MECHANISCBURG, PA 17055 2 LIBERTY STREET WARREN, PA 16365 29 PLAZA BOULEVARD, SUITE 112 MORRISVILLE, PA 19067 6 SOUTH HANOVER STREET CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name BLAZER CONSUMER DISCOUNT COMPANY 5. Name and address of every other person who NaiTle None Last Known Address (if address cannot be reasonably ascertained, please indicate) 9-A NORTH PROGRESS AVENUE HERRISBURG, PA 17109 has any record lien on the property: Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 14 PINE HILL AVENUE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 2, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff STATE STREET BANK AND TRUST COMPANY Plaintiff, KENNETH MYERS NANCY MYERS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-762 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) STATE STREET BANK AND TRUST COMPANY, Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as o£the date the Praecipe for the Writ &Execution was filed the following information concerning the real property located at ,14 PINE HILL AVENUE, MECHANICSBURG, PA 17055. 1. Name and address of 0wner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH MYERS 14 PINE HILL AVENUE MECHANICSBURG, PA 17055 NANCY MYERS 14 PINE HILL AVENUE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NalTle BENEFICIAL CONSUMER DISCOUNT COMPANY NORTHWEST CONSUMER DISCOUNT, INC. REFINANCE AMERICA LTD AMERICAN GENERAL FINANCE, INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. BOX 7040 MECHANISCBURG, PA 17055 2 LIBERTY STREET WARREN, PA 16365 29 PLAZA BOULEVARD, SUITE 112 MORRISVILLE, PA 19067 6 SOUTH HANOVER STREET CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BLAZER CONSUMER 9-A NORTH PROGRESS AVENUE DISCOUNT COMPANY HERRISBURG, PA 17109 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 14 PINE HILL AVENUE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 1 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Sel~tember 2, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff STATE STREET BANK AND TRUST COMPANY Plaintiff, KENNETH MYERS NANCY MYERS Defendant(s). TO: KENNETH MYERS 14 PINE HILL AVENUE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 03-762 September 2, 2003 NANCY MYERS 14 PINE HILL AVENUE MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B UT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 14 PINE HILL AVENUE, MECHANICSBURG~ PA 17055, is scheduled to be sold at the Sheriff's Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $113,339.26 obtained by STATE STREET BANK AND TRUST COMPANY (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern line of Pine Hill Road, at the dividing line between Lots Nos. 36 and 37 in the hereinafter mentioned Plan of Lots; thence along the Northern line of Pine Hill Road, South 56 degrees 12 minutes West, 125 feet to a point; thence in a Westerly direction, on a curve to the right having a radius of 25 feet, an arc distance of 39.27 feet to a point on the Eastern side of Locust Lane; thence along the Eastern side of Locust Lane, North 33 degrees 48 minutes West, 125 feet to a point; thence along other lands now or formerly of George W. Walker and Mary Alice Walker, his wife, North 56 degrees 12 minutes East, 150 feet to a point on the dividing line between Lots Nos. 36 and 37, South 33 degrees 48 minutes East, 150 feet to a point on the Northern line of Pine Hill Road, the place of beginning. BEING Lot No. 37, in the Plan of Lots of George W. Walker, being a section of White Birch Farms, as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania in Plan Book 33 Page 127. Tax Map 14-0847 Parcel 063 FEDERMAN AND PHELAN By: Frank Federman, Esquire Attorney I.D. No.: 12248 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 STATE STREET BANK AND TRUST COMPANY Plaintiff, V. KENNETH MYERS NANCY MYERS Defendant(s). Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CWIL DIVISION NO. GD 03-762 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by certificate of mailing to NORMAN M. YOFFE, ESQUIRE, Attorney for the Defendant(s) KENNETH MYERS and NANCY MYERS on SEPTEMBER 5~ 2003. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the nnsworn falsification to authorities. FEDERMAN AND PHELAN FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF Dated: September 16, 2003 State Street Bank and Trust Company VS Kenneth Myers and Nancy Myers In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-762 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 6.30 Posting Handbills 15.00 Advertising 15.00 Mileage 19.32 Levy 15.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Law Journal 160.00 Share of Bills 28.90 $ 321.02 paid by attorney l 1/07/03 Sworn and subscribed to before me This /2 e~ day of :~ 2003, A.D.(~_, t~ ~7,~.~/~,.e L~ Prothonotary So Answers: R. Thomas Kline, Sheriff BY ~ 3,4 q Real E~ate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Joumai, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 17, 24, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL F~3TATE 8ALE NO. 49 Writ No. 2003-762 Civil State Street Bank and Trust Company VS. Kenneth Myers and Nancy Myers Atty.: Frank Federman ALL THAT CERTAIN lot of ground situate in the Township of Silver Spring. County of Cumberland and State of Pennsylvania. more particu- Lai-ly bounded and described as fol- lows, to wit: BEGINNING at a point on the Northern line of Pine Hill Road. at the dividing line between Lots Nos. 36 amd 37 in the hereina~fter men- tioned Plan of Lots: thence along the Northern line of Pine Hill Road. South 56 degrees 12 minutes West, 125 feet to a point; thence in a West erly direction, on a curve to the right having a radius or' 25 feet,'an arc distance of 39,27 feet to a point on the Eastern side of Locust Lane; thence along the Eastern side of Locust Lane, North 33 degrees 48 minutes West. 125 feet to a point; thence along other lands now or for- merly of George W. Walker a-nd Maw Alice Walker, his wife. North 56 de- grees 12 minutes East, 150 feet to a point on the dividing line between Lots Nos. 36 and 37, South 33 de grees 48 minutes East, 150 feet to a point on the Northern line of Pine Hill Road. the place of beginning. BEING Lot No. 37, in the Plan of Lots of George W. Walker, being a section of White Birch Farms, as recorded in the Recorder's Office in and for Cumberland County. Pennsylvania in Plato Book 33. Page o ditor SWOR4q TO AND SUBSCRIBED before me this 31 .day of OCTOBER. 2003 LOIS E. SNYDER, Notay Public Carlisle Boro, Cumberland County My Commissim Expires March 5, 2005 er(,; direction, on a curve to the right having a radius of 25 feet,.an arc distance of 39.27 feet to a point on Locust Lane, North 33 degrees 48 minutes West, 125 [eet to a point: thence along other lands now or for- merI¥ of George W, Walker and Ma~ Alice Walker, bls wife, North 56 de~ grees 12 romutes East, 150 feet to a point on the dividing line between Lots Nos. 36 and 37, South B3 de- grees 48 minutes East. 150 feet to a point on the Northern line of Pine Hill Road, the place of beginning. BEING Lot No. 37, in the Plan of Lots of George W. Walker, being a section of White Birch Farms, as recorded tn the Recorder's Office in and for Cumberland County, Perms¥1vania in Plan Book 33. page 127, Tax Map 14-0847 Parcel 063.