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Home My WebLink About03-1316FEDERMAN 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 WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET ORANGE, CA 92868 VS. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. 03-/3/ DEBRA L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY RACHEL L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 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 thc 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 thc court your defenses or objections to thc 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 the court without further notice for any money claimed in thc 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) 249-3166 Loan #: 0035597053 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 WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET ORANGE, CA 92868 The name(s) and last known address(es) of the Defendant(s) are: DEBRA L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 RACHEL L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 4/19/02 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1756, Page 4432. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 09/01/2002 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. 6. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2002 through 03/25/2003 (Per Diem $36.50) Attorney's Fees Cumulative Late Charges 04/19/2002 to 03/25/2003 Cost of Suit and Title Search Subtotal $146,008.47 8,650.50 1,250.00 211.80 $ 550.00 $156,670.77 Escrow Credit 0.00 Deficit 1,533.00 Subtotal $ 1,533.00 TOTAL $158,203.77 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 attomey's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $158,203.77, together with interest from ~]25/2003 at the rate of $36.50 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. FRANIffFEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Aid. THAT Ci~ITI'~ lot of land wllh the ~pmver'Aeflt~ lhamen amclad, p~lnt at Ina d land now or formefly d ~ L ~ag; thence .aim-~ the,lalaJr, N .otth. 87' deliree~ 16 ~ a8 aacm~l~ Emt 682.80 f~t lo a po~t at Pr~ of ~ no~ m' ii~ 160.a2 feel to a painl In the cenlm" line et' PA, Roula 34; thance axtar, dlng along the 'cartier llne et'PA Rou~ 34 by · cu,'ve lo ttle dght wilh a md]ua of E37.17 feel an an: b moth of 463.30 fern Ia ~ pol~ llMace etli ~eflg Ihe ~ama, South e3 degree. 2.~ minute~ ( 8 aecofld~ wear 388.83 fact to · ~ the Pice of BEGINNING. BEING KNOWN AS 3360 SPRING ROAD VERIFICATION Rose C. Lam hereby states that she is Foreclosure Supervisor of AMERIQUEST MORTGAGE COMPANY 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 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. Sec. 4904 relating to unsworn falsification to authorities. DATE: SHERIFF'S RETURN - REGULAR CASE NO: 2003-01316 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS FARKAS DEBRA L ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT _ MORT FORE was served upon FARKAS DEBRA L DEFENDANT , at 2017:00 HOURS, on the at 3360 SPRING ROAD _3rd day of April CARLISLE, PA 17013 DEBRA FARKAS by handing to the a true and attested copy of COMPLAINT _ MORT FORE together with 2003 and at the same time directing He____r attention to the contents thereof. Sheriff,s Costs: Docketing Service Affidavit Surcharge 18.00 3.45 .00 10.00 .00 31.45 Sworn and Subscribed to before me this _/d ~ _ day of -- ~ ~ ~,%t3 ~ A.D. So Answers: Thomas K1 ine 04/04/2003 FEDERMAN & PHELAN CAsE NO: 2003-01316 P SHERIpF'S RETURN REGULAR COMMONWEAL T ' COUNTy ~ H OF u~' CUMBERL~SYL VANiA : Cumber/and Count~' Sheriff or D- · Says· the wit-. nsYlvania, Who b ' ~Puzy Sheriff o h~u ~INT _ ~.~_ e~ng duly Sworn _ f ~L ~ORE ~CCording ~ ~ Was served Upon to law, · at ~ HOURs, 013~ a true and attested and at the Same time Sheriff's Cost DOCketing s: Service Affidavit SUrcharge on the Copy of the by handing to directing H~e~-er attention to 6.00 .00 .00 10.00 00 Norn and SUbscribed to before this ~ day of the together With COntents So Answers -" ~homas K1 --- ~ x~O~a~ ~ 04/04/2003 FEDER~ & PHE~ thereof. By: WM SPECIALTY MORTGAGE, LLC, Plaintiff DEBRA L. FARKAS and RACHEL L. FARKAS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 03-1316 Civil : CIVIL ACTION - LAW NOTICE TO PLEAD TO: WM Specialty Mortgage, LLC c/o Francis S. Hallinan, Esquire Federrnan and Phelan, LLP One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 You are hereby notified to file a written response to the enclosed Preliminary Objection within twenty (20) days from service hereof or a judgment may be entered against you. Christopher J. Kc'fier, Esquire Attorney for Defendants Supreme Court ID 86889 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 WM SPECIALTY MORTGAGE, LLC, Plaintiff DEBRA L. FARKAS and RACHEL L. FARKAS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 03-1316 Civil : CIVIL ACTION - LAW ORDER AND NOW, this __ day of ., 2003, upon review and consideration of Defendants' Preliminary Objections, it is hereby; ORDERED AND DECREED that Plaintiff's Complaint filed herein is dismissed. BY THE COURT: WM SPECIALTY MORTGAGE, LLC, Plaintiff DEBRA L. FARKAS and RACHEL L. FARKAS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 03-1316 Civil : CIVIL ACTION - LAW DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT IN FORECLOSURE Now Come, Defendants, Debra L. Farkas and Rachel L. Farkas, by and through their attorney, Christopher J. Keller, Esquire, and file this Preliminary Objection to Plaintiff's Complaint. 1. Plaintiff filed a Complaint in Foreclosure in this matter on March 26, 2003 (See attached Exhibit A). 2. Paragraph 3 of Plaintiff's Complaint alleges that its action is based upon a mortgage between the Defendants and Ameriquest Mortgage Company, recorded in Mortgage Book 1756 at Page 4432. 3. Paragraph 3 of Plaintiff' s Complaint alleges that it is now the legal owner of said mortgage without reference to a specific assignment. 4. Plaintiff does not attach a copy of any assignment of mortgage between itself and Ameriquest Mortgage Company for the subject property nor does Plaintiff recite a book and page number wherein such assignment is recorded with the Recorder of Deeds of Cumberland County. 5. Paragraphs 5 and 6 of Plaintiff's Complaint allege attorney's fees owed under the terms of the mortgage between Defendants and Ameriquest Mortgage Company. MOTION TO DISMISS COMPLAINT FOR LACK OF CONFORMITY TO LAW OR 10. 11. 12. 13. 14. 15. RULE OF COURT - Pa. R.C.P. 1028(2) Preceding Paragraphs numbered 1 through 5 are hereby incorporated by reference as though fully set forth herein. Paragraph 3 of Plaintiff's Complaint alleges that Plaintiff's cause of action is based upon a mortgage between Defendants and a third party, Ameriquest Mortgage Company. Paragraph 3 of Plaintiff's Complaint alleges that Plaintiff is now the proper owner of said mortgage in place of Ameriquest Mortgage Company based upon an assignment of the mortgage between Ameriquest Mortgage Company and Plaintiff. Plaintiff is requesting attorney's fees based upon said mortgage and the aforementioned assignment of mortgage. Plaintiff fails to attach a copy of the assignment of mortgage to its Complaint. Plaintiff fails to identify any recording information of said assignment with the Cumberland County Recorder of Deeds. Pennsylvania Rule of Civil Procedure 1019(i), Contents of Pleadings, provides in pertinent part: When any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance in writing. Plaintiff fails to state why said writing is not attached or accessible to Plaintiff. Plaintiff fails to attach a copy of the assignment upon which Plaintiff's claim is based. Plaintiff's Complaint fails to conform with Rule of Court Pa.R.C.P. 1019(i) in that it: a) fails to attach a writing upon which Plaintiff's Complaint is based; nor b) states any reasons for the writing not being accessible to the pleader; nor c) set forth the substance of the assignment or mortgage. WI-IEREFORE, Defendants respectfully request this Honorable Court grant their Preliminary Objections and dismiss Plaintiff's Complaint for failure to conform with rule of court under Pa.R.C.P. 1028(2). Respectfully submitted, Christopher J. I~eller, Esquire Attorney for Defendants Supreme Court ID 86889 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 WM SPECIALTY MORTGAGE, LLC, Plaintiff DEBRA L. FARKAS and RACHEL L. FARKAS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 03-1316 Civil : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Christopher J. Keller, hereby certify that I have forwarded a copy of the foregoing Defendants' Preliminary Objections to Plaintiff's Complaint to the attorney of record for Plaintiff, Francis S. Hallinan, Esquire, in the date and in the manner indicated below. United States First Class Mail, postage pre-paid, on May 12, 2003. Francis S. Hallinan, Esquire Federman and Phelan, LLP One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Attorney for Defendants Supreme Court ID 86889 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 AF~-t4-2003 OB:3?AM FROM-PA CENT~^L FCU +717§641503 T-521 P 002/007 F-504 FEDERMAN AND PHELAN, LL? By: FRANK FEDEKMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ,, Id. No. 32227 FRANCIS S. HALLINA2',T, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA },9103 fg_l 5) 563-7000 WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET ORANGE, CA 92868 Plaintiff vs. ATI'OKNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DWISION TERM NO. O3- gib c,(,;( CUMB ERLAaYD COUNTY DEBRA L. FARKAS 3360 SPKING ROAD CAI'U_.ISLE, PA 17013 RACHEL L. FAR.KAS 3360 SPKiNO ROAD CARLISLE, PA 17013 Defendant(s) CIVIL ACTION - LAW ,COMPLAINT IN MOiiTG4.,GE.?~Q_.RECLOSURE NOTICE *-THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT .4. DEBT AND ..~Y INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT ILEAFFIRMED, 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 CourL If you wish to defend against the claims set forth in the following pages, you must take aeti-on within twenty (20) days after ~hi$ Complaint' and Notice are served, by entering a wrirten appearance personally or by attorney and filing in x~,-iting 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 couax without further notice for any money claimed in the Complaint or for an>' 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. ~AJ8 ilel eD:' O 'O:;-tiT',Y ~: :3 CUMBEPd_AND COUNTY ,,,,ithin 'lc be- ;.? true tn: CUMBEILLAND COUNTY BAR ASSOCIATION ':orrec',: cc, :v ,:': _~rigin.':' ';'.:e~ o;' rz~c,r.: Loan ~:003~597053 T,rN 2 LrBERTY AVENUE CARLISLE, PA 17013 (717) 249-3 t 66 £ tNIBI'r ,4 AP~-14-~O03 08:38AM FROM-PA CENTRAL FCU +T175641§03 T-SZ1 P 003/00? F-50A 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 CREDITOIL 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 JUDGMIENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQ -I~ST 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. AP~-14-ZO0~ 08:99AM FROM-PA CENTRAL FCU +T175841509 T-SZl P 004/007 F-504 Ptaindff is WM SPECLALTY MORTGAGE, LLC 505 SOUTH MAIN STREET ORANOE, CA 92868 Thc name(s) and last known address(cs) of thc Defendant(s) are: D~.BRA L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 RACHEL L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 4/19/02 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter descr/bed to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1756, Page 4432. PLAINTIFF is now thc legal owner of the mortgage and is in the proces-6 of formalizing an assignment of same. i The premises subject to said mortgage is described as attached. The mortgage is in default because montlqly payments of principal and interest upon said morxgage due 09/01/2002 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. APR-14-2003 OB:3gAM FROM-PA CENTRAL FCU +7175641503 T-SZ1 P OO5/OOT F-5~4 The tbllowing amounts are due on the mortgage: principal Balance Interest 08/01/2002 through 03/25/2003 (Per Diem $36.50) Attorney's Fees Cumulative Late Charges 04/19/2002 To 03/25/2003 Cost of Suit and Title Search Subtotal $146,008.47 8,650.50 1,250.00 211.80 $.55_0.00 156,670.77 Escrow Credit 0.00 Deficit 1,533.00 Subtotal $ 1,533.00 TOTAL $158,203.77 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and w~ill 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Flomeowner's Emergency Assistance Program pursuant t9 Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an i_n r.e...m Judgment against the Defendant(s) in the sum of $158~203.77, together with interest from 03/25/2003 at the rate of $36.50 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: FEDEILMAN AND PHELAN, LLP /s~rancis S. Hallinan FRANK FEDERMAN, I~SQUIP, E LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. I-IALLINAN, ESQUIRE Attorneys for Plaintiff APR-14-Z003 08:39AM FROM-PA CENTRAL FCU +?1T5641503 T-521 P 006/00? F-504 APR-14-2003 O8:40AM FROM-PA CENTRAL FCU +717§641§03 T-521 P 007/007 F-504 VERIFICATION Rose C. Lara hereby states that she is Foreclosure Supervisor of AMBRIQUEST MOltTOAGE COMPANY mortgage servicing agent for Plaintiff m thi~ trotter, that she is author~-~d to take this Verification, and that Ge statement.~ made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to ~e best ofh~r knowledge, reformation and belief. The undersigned understands that this statement is .made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to answom falsification to autl~onries. DATE: 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 WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET ORANGE, CA 92868 Plaintiff VS. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 03-1316 CIVIL CUMBERLAND COUNTY DEBRA L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 RACHEL L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 Defendant(s) AMENDED 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 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (7 ! 7) 249-3166 Loan #: 0035597053 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 AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is o WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET ORANGE, CA 92868 The name(s) and last known address(es) of the Defendant(s) are: DEBRA L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 RACHEL L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 4/19/02 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1756, Page 4432. A tree and correct copy of the mortgage is attached hereto, made part hereof and marked as Exhibit A. By Assignment of Mortgage dated April 4, 2003 and Recorded in Assignment of Mortgage Book No. 696, Page 4525, the mortgage was assigned to Plaintiff. A tree and correct copy of the Assignment of Mortgage to Plaintiff is attached hereto, made part hereof and marked as Exhibit B. 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 09/01/2002 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. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2002 through 03/25/2003 (Per Diem $36.50) Attorney's Fees Cumulative Late Charges 04/19/2002 to 03/25/2003 Cost of Suit and Title Search Subtotal $146,008.47 8,650.50 1,250.00 211.80 $ 550.00 $156,670.77 Escrow Credit 0.00 Deficit 1,533.00 Subtotal $ 1,533.00 TOTAL $158,203.77 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $158,203.77, together with interest from 03/25/2003 at the rate of $36.50 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: FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL1NAN, ESQUIRE Attorneys for Plaintiff ALt. THAT CJ~TAIN ~ af land wtth the [mgmvements theruan em~ad, ~us~s In Idlddlesux Tawnnlgp, I:~rn~md County, F~nn~ylvur~a, tx3undec~ and d~ ~=dbed a~ f~awu: .' · e=,~"~mr ~a at' T-708, Narl~ 18 degrees .g _ .m~,~_ .,~..~'"~".=__~'~':~_T_'..',T,~'-]~t~'~:"N'~d~ ..,~e at inn af land haw ar k,~ d NaPmt L ~m. nar, m"n~" ."~.. "~ ".~.,~ ' :_- [~ ~ gl r,~, ~ ~ 1~7 us ----- ........ · -- ..... ~ -.--.- ~1 .tnnn the snma, South E3 degrees 2.5 minmas BEING KNOWN AS 3360 SPRING ROAD EXHIBIT A R~m To: MORTGA(] - Words ;used in m~lriple sectio~ of ~is dozura~t ~r¢ de£~ ~oxv ~d ~ wo~ ~e d~ ~ Bo~towe~ is ~h¢ money, or nnder &is ~c~rity (C} "Le~-? is A,~ex~ist Io~t;~;age Co~a.l~r~ 0035597053 ~m30:~ 1101 04/19/2002 g~05148 756PGb, l 3Z 5 d ~.S~8000L8~7 'ON/aa:9I 'IS/EF~:9I EO ,8 '17 (~LL) 0~, ~ 9~868 ~2f~ and 00/~00 ~,S. $ ~4 ~, ~sO. e o ) pt~ h~. ~ h~ ~ ~ pay ~s Pa~ ~d m pay ~ d~c ~ ~l not ~ ~ 1. ~." Adju"~le Ra~ .~der ~ C~d~m ~d. ~ Sew~ ~ Rid~ *,~2d~s 04/~/~002 a~ost~8 r-,,m3039 BK1756PGhh33 ~ d g~la000Lat~ 'ON/gg:9I '~L$/Eg:9I E0 ,8 '9 (3tfl.L) iRHi1SOqDaHOJ £$HflOHZHV Bgi756PG~3~ ~ d ~5~8000L8~ 'ON/gE:9[ '~LS/gg:9; gO .8 *~ (Sill.L) ZHflsoqozHOA .LSZflO~/ZF/V PtOHA [ i BORROWER COVENKNT~J that Borrower is lawfully ~ of the estam hcrcby convcycd and has r~Jih[ to rr~t'ig~C. ~ a~d Co~oy tb~ ]~xope~, md I~at I~ Plx~erty i~ unmc~, except for e~e~ml~:e~ of r~ot~i. Bon~wer war~anU ~d will d~nd ~mdly lllC title to th~ Propezty .gal~t all ct~ and denla~ds, subject to BO~ ~1 pay wh~ ~ fie ~c~ of, ~ ~tffeat ~, ~ debt ~ed by th~ Note ~d ~y 035597053 'BKi 756PG I.,,35 pakl in'full. To the extent ~at my ~xccss g~is~s after ~e p~ ~ ~H~ ~ ~e ~1 pay~ of o~ ~ P~ Pa~, ~ ~c~s ~y ~ ~p~ ~ ~y ~ ~ d~. Vo~t~ p~ ~nll A~y ~on of p~m, ~c~ ~. o~ ~~s Proceeds m p~ 3. ~ far ~w Ile~. ~wer ~ ~ m ~ ~ ~ da~ P~od~ p~, if ~y, or ~y ~ p~ablc by ~W~ to ~ ~ ii~ of ~ paymem of Mo~ag~ I~." ~ ~g~i~ ~ at ~y ~ dung ~e te~ of ~e ~, ~ may rc~ ~'s ~Hg~on ~ pay ~ F~ds for ~y ~ ~ P~w ~. ~cr m~y obH~ m pay ~ ~d~r Fu~ for ~y ~ ~ ~w It~ at ~y ~. A~y ~ch ~ w~. ~ ~e ~t of su~ waiver, ~ ~1 p~ d~y, ~ ~d where pay~lr, ~C ~r ~ k~W [t~ fOr ~ pa~ of ~n~ ~ I~ ~iV~ by ~der ~d, if ~er re~, B~oW~'s ~blig~ion ~ m~c ~c~ pn~ ~d m p~vvMe ~ s~ for ~[ ~sel be ~ to ~no~r f~ ~ ~ ~ n~m doe for ~ E~W ~, ~ ~ ~bc hs g~a ~d p~ ~ ~C ~ ~r shall th~ be ~Hg~ ~ ~on 9 to mp~ m ~ ~y tach ~n= ~ ~y ~oke ~e w~v~ ~ to any or ~ ~ I~ a~ ~ ~ by ~ ~ion Ii ~d, ~pon m~ ~t~n, ~ ~ pay ~ ~der ~d~ may, at ~y t~. ~1~ ~ hold ~ in ~ ~ (~ a~i ~ ~n~ ~ F~s ~ te fi~ ~edf~ under R~PA. ~ ~} ~ ~ ~ ~e ~ ~ t~,~d~ ~PA. ~ ~ffi e~ ihe ~ of ~ due on ~e b~sis of ~r~t ~ ~d Lgw. ~ ~ ~A. ~ ~ not ~e ~ ~r ~1~ ~d ~[7ing ~e ~m~. or ~p~x~b[e ~ ~ircs i~ ~ ~ p~d U]] ~ F~d~ ~ ~ not be ~ui~ my ~t ~r ~ on ~e F~. Bo~w~ md ~ ~ ~ ~ ~g. h~ev~, ~ i~t HK1756PGqQ36 9 d E~[gOOOLgb '0N/~:9£ '~S/b~:9[ E0 .8 'b (~gi) ~HgSOqD3HO~ ~$~OH~V ~0~ Fands.as r~aired by P-.~?A. ~r~owet ~r ~e ~s ~s ~ ~ wilh ~A. ~ ~ is a ~hoflnge of Fu~s ~ ~ a~le to ~c ~ty whi~ ~ ~(~ priory ~ ~ ~ty ~s~t, lc~ehoid pa~n~s or ~er: (s) a~es ~ ~t~ to ~e paym~t of ~ ob~ ~ b~ ~ l~n iff a ~.n~ ~t~lc pr~t ~he ~fo~t of ~e li~ while ~ha~ p~h~ ~ ~g, but only until ~ p~gz ~d~I ~y ~uke ~w~ w pay a o~ ~e for a red ~e I~ v~i~fion ~/or BKI756PG .37 L ct ~Cl ta000LSf7 'ON/Sa: 9 ~ '.LS/~ : 9 [ g0 ,8 'f~ (Afl.L) ~HFISO~IDA%IO_4 .LSAFiOI'~I~IV HO~..I If Bon'ov~r faiL~ ~ mai~aJn any of ~c fn ~c ~ o~ 1~, ~ sb~l give ~'s ~ ~ not i~. ~ m~ ~ ~ ~og~ pa~ u ~e ~rk ~ ~. ~ 2. BI( i 756PGq. t~38 5. Occupancy. Borrower slul! occupy, caablJsh, and mc the Property as l%rrower's !nlncipal re,id :e~e within 60 d~,s after the czec, u~on of this gocuflty ]mstrummt and shall continue to occupy thc Property L~ Borro~r's principal ~idencc f~r at ~ one 'Feat alh:r ~he dale of occupflncy, unlel~ Lender ct, her~qis~ 8frees in writing, which conmmt shsll uot be mmmmmbly wifl~hck[, or unl~ extefm~mg city.cea e~t~t which are beyond Borrower's c~mtrol. ?. Pr~ermtlon, M~int~nee ami Prot~u -t t~ lErol~y; Iax~l~tions. Burmwex ~lmll not destror, damage or impair ~¢ Prop~, ~llow the Pt'olin~ to d~a~'iorat~ or commit waste un the Property. Whether or..ot Bo~ov~er 15 residing i~ Um l~op~y. Bolx'ow~- rdlM[ ixmintain ~1¢ Prolm'ly in order ~o prevent the Prope~'~ from deleriorating or decread~ In vslne due to its candition. Unicos i~ is determined purmaut to Seaion 5 filat r~air or rm~aratton is not economically feasible, Borrower promptly r~air the Propea~y if d~magcd to avoid fin~ deterloz~tlon or damage. If ~ or c~adem~ation lmm. ods ar~ paid in connez, tiou ~ damco to, 0r the t~ing of, the Pro,cay, Borrower mlmll ~ re~ponaible/or repairing or r~tcring the P~perW oaly if Le~der bas :~Aeasoi process for purposes. Lemter may di~bu~e proceeds for thc rqmin md re~tmation in a single payment or in · ~-fies of ~tw..n ~ci~Lr or resrorl~ol~. L~d~r or its agea~.t may m~e reasonable retries upon ~ impectio~ of the Property. If it bm re~on~ble ca.c, Lender may inspect the interior Of llm improWam:nts on the Pro,cay. Lender ~-a!l give EorroW~r no~c st t~e time of or prior ta such m lute-flor insix'etiou spealtrln8 nu:h r~asonable 8. llorrow~r's I. osn Al~Bcatiom Borrcwe~ ~ be hi d~faalt if, during the Lo~ appBealinn proe~n, Borrower or any persons or cmifi~ ~in$ m lh~ dlrnnion of Borrower nr with Bccrow~x's Imowldlge o.r co~sc~ ga~e materially false, misleading, or inatxaw~e information cr statements ~ Lender (o~ l%flcd to provide L~nder with mat~ial infotmatinn) in connection wil/~ the I_om. Matcrial rxopcr~ a~ porrowc~ ~ prmctpal ia) ~ormw~ t~s m perform tim covenants ~ a~cm,~nts contsin~d in thi~ ,%curity h~trmmm, Co) thcr~ is a 1~.~1 prgc, eedi~ that might aig~ificantly affect Lender's hlterest in the Property sad/or rlgMs nnder th~_ Sec?rlty] Instmmrmt (~uch ss a proceeding in ban]u-ulM~cy, pro~,/CC condeannation or forffeitmte, for enl'orc~lenf *. of a lira1 which may attain priority over ~is ~ lu.~'uramt or to eafo_w,e l~rs or ua,ale o.,r .~q~.rOl:mat~ tO prot~t Lenc~er's mter~t In ~ l~peaiy aha flglfls under thLl ..~ccuritv trump,, lnclud~g protccling md/or ame~sing the value of file Property, and .securing and/or renairi~t tho ProlSerty;. Lemier's acdom ca~ includs, but ~ not limited to'. (a) paying Slly sum~ seculzd bybv~:~ which has l~rio~ty over this ,~'u~ity Instal; (b) appeag.~ in coult; and (¢) payt~ resso~ble a~°me~' ~ lo protect ils hate~st in the lh'opeV;v aad/or dgh~ ~ this $~mitv Imtmmmt oa or orL mmough Le~er m~, lake a~tiou under tMs ,~X;licra 9, L~nd~r ~o~s aol b~,e to do so ~ i~ not ~md~ ~n~, d~,ty or obliBation to do so. h is ag~l lbat Lt,~de~ ~ flo liabilily f~r no~ ii ~y o~ aL1 ! 7$6PGb, , 39 6 d afitaOOOLS~ 'ON/~g:9[ '&S/fig:9I EO .8 '~ (~fl&) MHfl$OqOMHOM E$~flOH~HV ~OHd ~ ~,un~'0~_ di~.bursed by Lender under thi~ ~.ion ~ ~ become addition.'d debt of secun~d vy this ~ec~n~,/ndmment. T~cse an~un~s ~hnll bear mtn'est at the N~t~ rnt~ from the datc of disbu .r!~eln~c a~d shall bn payable, with such h~. upon uoffee from Lender to Borrower requeating payment. If this Se~]dty Instrument is on a leasehold, ]~on'owcr ~ ~omply with all the provisions of the Ieue. ,'f Borrower acquires fee title to the Property~ the leasehold md thc fee title shall n~ mer/e unless .~ .n'o.w~.f ~,-.,,u. pay me premiums t~quF. ~ to mam?m th~ Mot'tp{e lnmr~e~ in effccL If, for any r,~son, _m_e_ivim~ale . .m~?~an, ce .co?rage reqmred by LenQer ~as~s l.o 1~ avnllslqe f~m the mortgages inmrer that l~'Vw~y prow~m suca msarance and l~rrower w~ nxlulre~ lo msko s~parat;iy de,signatnt pnyme~ toward the. pxenlhnns for Mortgage ln.mrnnce, l~orrower ~ pay tho prcmtams required ~o c~ve~a/~e sub~tnntiMly equivnlent lo Ih~ Mortgage/mm'anc~ Fl~/n~iy iA effect, at a cost suMtant/al~ eq~iwl~R to the ~ to Borrower of the Morale lmmln~ r~iously in effect, fi:om an monga~k instmsr selected by Leader. If suba/antin]ly equh~ Mortgago Insln'nnce cov~ag~ /s not nvm'lshl~, Ben'ower shnll conthu¢ to pay W Lendei the nw~nt of tl~ sepa~a~y d~ignated payrnma that were d,~. ~ the in.range wve. ra~ c~ascd to be hi MYect. Lmder will nccept, use ~:l retain the~e payme~.ts ~ a non-te, fi:ndshle loss r~se~e in lieu of ldxrtgaBe ]~u~a~ce. Such loss reserve shall be non-~ble, notwiti~/md/~g the fact that rite Lonn is ~t/m~tely ~/n f~ll, nnd I.endcr ~hsl! not requlretI to pay Borrower any inte~-t or ~'ning.q on ~uch ~ reserve. Len/er c~n no longer requin~ loss te-.~'velpa~m~ if Mo~Pse In,mrance c. ovecn~e (ia tim nmom~ und for t~ 9~'fiod that Le~te~ provided by an im-urcr sdeaed by l.~nder ~ain become~ ava/~l~, i~ obtain, and/.md~ ~epa.~tily designn~ed pnyn~.c~a tm~a~d thc ~t~t~ilu~ for Mo~tgn~e ht~tmzce. It' L,.-nder ~qu/ted Mot'tgage .re. warn me pn~attuns, mr taortgaE~ msunmee. ~ormv/er shall l~y lfie premiums r~ nmu.~t]~ ~?~g..~ tnsu~, c~ m effect, .o~ to pmvt~c a ~,hle Im~ ~ve, until Se-" ~Bn~ _xor suclt t. _et~.'.?i.o.n or ,mtil ~..~mt~UO~: is ~ by Applicablc Law. N~th/ng ~ thi.~ cuo.~.~w ? sormw~-'s o~on to pay mk~t ~ ~e rata provided in I~ Note. ~ott~?..l~c~.~ur~es ~.nder (or any endt7 that fracases ~e Note) for certal~ to{ses it ..~u norrowcr ooes not ~pay the I_zmn I n~eed, llon'ownr is nol a party to t~ Mort~nge M~,e insurers evaluat~ dg,4r total risk on all su~ insuranca in ~orce from time to timc, ,nd on l~lIIs.s~l conottmv, q ~ ate sati~a~ry to me tno~g~,e inm~et and the other 9at~ (or pat~e~) to ,u~.__u~, ~ m.e mn. ngage minter rn~y na~ avmable (wh/ch may lnch~le fnnds obt~/ned fwm Mortgnge maur~n~e p2~Tnums). ~m A.s: ~ ~-uR uf the~ ag~,~-~,~, Leto/=, an! ~ of the Nme, anoU~ insurer, mzy y omer e~tity, or nny affili~c of auy of ~¢ fo~8oing, may ~tve (d~-fly or indirectly) ~oun~ d~a~ derlv~ ~m {or might bu ctm~nc~esized as) a pot~iou of BerroWm"s p~yraeutS for Mo,~gagu f~usuranee, in exchmng¢ f~ sharing ~r modtlying the moth,ge in~nm-'s rimk, or reducing loss~. If such ngn~umt ino~.de~ [f~a~ au afminte of Lender takes a ahat'e of me insurer's ~ in er~n~ge for a s~are of th~ p~mll~?. '. pa~d to the i~surer. ~he ~t i~ o~m w.m~! 'eIpflve re~sur~m,." Furthcr: truw~-, ~ o~e [o~ ~ortgnge insur,,nce, ,,nd timy Mil n~t ~ Ilorrower to any refnna I B{(1756PGhh, h.O 0~/,1~/~003 BtOS,48 Fmmao~ 1101 O~ ~ gSIgOOOLg~ 'ON/gg:9~ *£S/~g:gt gO ,9 '~ (~g£) may ~_t'~q~._ the right to ree~we cerlatn dt~lomr~s, ~ ~ ~ o~ ~~ Mor~ ~e, to ba*e ~e M~e ~ t~led a~o~y, en~ to ~ve a ~ ~ ~ M~ ~ ~ ~ w~e ~ ~ t~e ~e or such ~m~on or If ~e Pm~y ~ ~, ~cl~ ~eH~m ~ ~1 ~ ~pU~ Io rc~o~ or rear of ~e ~p~, ff ~ ~o~ or r~ is ~ly ~b~ ~ ~'s s~'~ is ~t 1~. ~'s s~on, pmvi~ ~ ~ ~n ~ bo u~ pm~y. L~d~ my pay ~r the r~ ~d r~o~ in ~ ~1~ dish~ or ~ a s~ of pmtms paymm~ n~ ~s, ~ ~1 not be re~d ~ p~ ~ aay ~t~l o~ e~s on w~b~r o~ not ~ d~, wi~ ~c ~ccss, if ~y, ~d ~ ~. Su~ M~l~us P~ ~ bc sppli~ in ~e o~ p~ovid~ f~ ~ ~ I. ~ by:~ ~ Inset shall be ~d ~ ~ ~t of ~ ~s~ll~ ~ll~l~ by ~c folbw~g ~on: (a) thc w~ ~C of ~e m~ s~ ~di~7 p~iel.~g, d~on, ~ ~ in v~uc ~:d by ~) ~e ~ir ~ vluc of vame of ~ ~ ~y ~o.= ~c ~ ~.~, ~, ~ 1~ in v~v ~ ~ fl~ thc ~nni of ~ ~ ~ ~i~y before ~ p~M ~. ~n. or loss ia ~el~oa .~ ~, ~ ~s pro~i~ ~ ~ 19, ~ ~ ~e ~ion or pm~g 2 1756 qqq ! ~HGSO~D~HOd £SH~H~V ~O~d L Not ~ ~b~'~ ~y ~ ~ ~ of Boaower. ~er ~ not ~ ~e~of~w~or m ~ m ~ h~ of ~o~ or iu ~ou~ I~ ~ ~ ~ ~ ~ ~ ~t ~ a ~ of or only to ~agc, gr~t ~d ~ey ~e ~-~'s ~t~ a~ ~at ~r ~ ~y o~ ~ ~nts ~ ~ ~ ~xs ~ ~ ~ow~ ~t not h~ ~ from ~zy p~O~ oy ~ ~ ~ ~ oy ~ble Law. u~: Iai ~y ~ i~ ~gc ~ ~ r~c~ by ~e y ~w~ m ~U ~ ~'~ i~t ~ ~ de~ to OK ! 756PG b,. 2 d E~= f. 8OOOLSi;, 'ON/~Z.:9[ LLS/9Z:9 f, EO .8 't, (5t12/.) lmve b~:m given {to Bon'ow~r v~i~n ~l~t[~ ~ fi~ ~ ~ ~ ~a ~Hy d~iv~d ~ ~p~le ~w ~ ~ 0~. ~ ~ add~ ~n wi~ ~ ~ ~ ~ ~ ~ d~ ~ haw ~ 16. Gov~nR ~ S~ab~ ~ ~ ~. ~ Se~ty ~t ~a~ be ~ ~ my ~n or ~ of ~ ~ ~ ~ ~ Note c~ w~ A~l~ble ~y ~on. tS. ~ of ~ ~ or · ~M ~ in ~. As ~ in I~s ~ 18, "~t m ~ ~" ~ ~ ~ ~ ~fl~ ~ ~ ~ ~p~, ~du~, but n~ ~t~ · ~ b~ m~ L~ m a ~ ~r d~. ~t for d~, If ~ ~ ~y ~ of~ Pm~ ~ ~ ~c ~ ~o~y Is ~d ot ~ a ~ ~n ~d a ~ {nl~ ~ ~ ~ ~ld or ~) Appl~le ~w. ~ wn,~ ~ ~st pay dl ~ ~ ~ ~ ~. ~t. ~ty ~t ~ ~ ~ or ~ on ~. -- ~-~ ....... u~ in~; ~) ~ o~ p~ ~ ~ ~, ~t ~i~ for ~ ~ of n~ ~ ~ ~ u ~ ~ ~1~ ~ ~ ~'~ ~y de~ of ~y o~ ~v~t~ or SKi 756PObh 3 I ag~.emc~ts; (e) pats all uxpenses ~ ~ ~g ~ts ~W ~ ~n~d~g, hut n~ ~ ~ ~ ~g~, ~d~ may ~ ~ ~w~ ~ ~ ~e~fa~c ~ ~d Fu~s T~. U~ ze~ta~ by ~ow~, ~ S~ ~s~ ~d obligations ~ s~[ ~m ~Hy ~v. a ~ no a~el~ ~ ~, ~. ~ right t. re. igc ~ not the N~ (mg~ w~ ~ ~y ~tm~0 ~ be ~d ~ ot ~m ~ w~out prior ~e Bo~w~. A ~e ~t r~ ~ a ~e ~ ~ ~ ~ as the "~ g~i~) ~at one or ~ ~ of ~e ~ ~i~r ~atcd ~ a ~e of ~ No~. ff ~mre is u eh~ge of r~i~ ~ ~i~ ~h a ~ of ~ ef ~i~g. H ~e NOte is ~ld ~d ~ ~e ~ ~rrbw~' ~ f~nin Wi~ ~e ~ ~ ~ ~ ~ to a ~cc~r ~ Se~i~ ~d pp.~oic cnw pm~ a t~ ~oa wM~ ~ el~ ~ ~ ~on ~ ~ ~, ~ gme ~II ~ d~ ,o be ~e for ,,u~ of ~ p~h. '~c ~ of ~.,~ 2t~ Ha~ ~b~. ~ ~ i~ ~ ~ 21: (a) '~a Sub~s' ~ ~ '~I~~' ~ ~ la~ ~ la~ 0f ~ ~ ~ ~ ~r~ is ~ O4/:LS/~OO~ ~',~5,48 ~om~aoa9 mmq t,l ,:i gr=l~OOOLSP 'ON/SE:g[ '.LS/9a:9I gO .8 't, (3ri.L) , , ?j ~ ~ ~ ~v~ ~ ~ ~c) ~, du~ ~ ~ p~uce, ~ or ~ of a ~ ~ of ~e P~.(mclud~g, but ~t I~ ~. ~s ~s ~ ~ p~). ~d~ for ~ ~~ ~e~up. ~N-~ ~'S. ~ ~ ~d~ ~er ~v~lt ~ ~r~ m ~era~ ~ Se~ ~8 ~ A~m~ ~w ~d~ ~). ~d~ ~ ~ ~ ~ ~ ~ nnd {~ .~t ~e ~ ~ Ute d~ ~ s~ may ~ ~ ~e of ~e ~y, ~ mall ~ ~ ~ ~ ~ ~ ~ r~nte ~ ~n d~: W~v~: B~w~. ~ ~ ~t ~ ~ ~le ~w, ~ ~d ~ ~ ~ or '1 · 25~ R~ ~ ~'s ~ m ~ ~cd in 8~i~ 19 ~ ~ ~ ~e j~il~ ~,4~*. 04/19/2002 8,05,48 ~ Ti01 G 1 ~ ~G ~9000L81~ 'ON/gg: 9 ~ '.LS/Lg: 9 t ~.0 ,9 '9 (~fl,L) 2HCISOqD3tIOJ ,L$iRfl'OH2PIV 1NO~J -! (Seal) -Bo~'oWer I~ 17567~t~141~6 0035~?053 CO~I'II OF ~NN,SY~V'ANIA, · udeu~ued ot~c~, l~Uu~)' satisfactorily proven) to be the pm(s) who~ IN WITNE.~ ¥iHl~O~, I her~n~o set my ~d At d gStSOOOLS~ 'ON/5~:9I 'iS/LE:gl g0 .8 '~ (Z~&) ZH~SOqDZHO~ &S3~OHZHV ~OH~ EXHIBIT B ASSIGNMENT OF MORTGAGE '-~ ~ b-'~aled~dDelivered ?':: emsenceofus; ~-- ~ ~te o~alifomia -~. ?~' ~un~Orange On this KNOW ALL MEN BY THESE PRESENTS that Ameriquest Mortgage Company hereinafter "Assignor" thc holder oflhe Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by WM Specialty Mortgage LLC, "Assignee" at the time of execution hereof, sell, assign, transfer and set over unto the said Assignee, thc receipt whereof is hereby acknowledged, does hereby grant, bargain, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by Debts L. Farkas and Rachel L. Farkas to Ameriquest Mortgage Company, bearing the date 04/19/02, in thc amount of $146,250.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 04/29/02 in thc County of Cumberland, Commonwealth of Pennsylvania, in Mortgage Book 1756 Page 4432,. Being Known as Premises: 3360 Spring Rd., Carlisle, PA 17013 Parcel No: 21-05-0429-0 14A Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with thc Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to thc same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular thc hereditamcnts and premises hereby granted and assigned, or mentioned and intended so to be, with thc appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and behoof forever; subj oct, nevertheless, to thc equity of redemption of said Mortgagor in. the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said"Assigyr~' has caused its C_orpo .rate Seal to be herein affixed and these presents to be duly executed by its proper officers this ~ day of ~ r ~ I ,20 07. Ameriquest Mortgage Company Chris. P~aniello,~,~ V~nt Default Management Attest: ~,~10~ L ~ Dawn L. Reynol~ Assis[ant Secretary : SS. {'~ day of t~r-''ff , 20 Crx~, before me, the subscriber, personally appeared Chris Pitaniello, Vice President Default Management, who acknowledged to be the Vice President Default Management of Ameriquest Mortgage Company, and that, as such Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ~d 9ffieial sea~. / I ',.-~ The precise address of the within named Assignee is: 505 City Pkw West Orang~, ,C~vA 92~6S By: ~.'.._'].~,.~ ~r AssignS) After recording return to: FEDERMAN & PHELAN, LLP One Penn Center 1617 J.F.K. Blvd., Ste. 1400 Philadelphia, PA 19103-1814 3/31/034HC Jocelyn Tolentino 0035597053 696 BEING KNOWN AS 3360 SPRING ROAD I Ce.rtify this to be recorded In Cumberland County ~ Recorder of Deeds VERIFICATION Rose C. Lara hereby states that she is the Foreclosure Processor for AMERIQUEST MORTGAGE COMPANY mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoin~ltCivil 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. ROSE C. LA~A DATE: Ymy 27, 2003 WM SPECIALTY MORTGAGE, LLC, Plaintiff DEBRA L. FARKAS and RACHEL L. FARKAS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: 03-1316 Civil : CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT IN FORECLOSURE NOW COME, Defendants, Dehra L. Farkas and Rachel L. Farkas, by and through their attorney, Christopher J. Keller, Esquire, demand a jury trial in this matter and file this Answer to Plaintif£s Amended Complaint as follows: 1. Admitted in part and Denied in part. Defendants admit that the Plaintiff appearing in the above-captioned complaint is WM Specialty Mortgage, LLC. Defendants do not have sufficient information to determine whether thc captioned Plaintiff is a proper party in this matter. By way of further answer, Plaintiff's Amended Complaint is verified by an employee of Ameriquest Mortgage Company, Plaintiff's Amended Complaint has an Exhibit B appearing to be Assignment of Mortgage fron~ Ameriquest Mortgage Company to WM Specialty Mortgage, LLC and Ameriquest Mortgage Company employees have, as recently as July 2003, been in contact with Defendants to working out a deed in lieu of foreclosure or sale of the property and admittedly are aware of this ongoing case. Admitted. Admitted in part and denied in part. It is admitted that tl~te Defendants executed and delivered a mortgage to Ameriquest Mortgage Company on April 19, 2002 and that a similar document appears as Exhibit A. Defendants have no personal knowledge, information or belief as to the remainder of the factual aYlegations of this paragraph and strict proof thereof is demanded at thai. Admitted. By way of further answer, Defendants admit that there is a legal description attached to the Amended Complaint that seems to accurately reflect the property described in the mortgage Defendants executed on April 19, 2002. Admitted in part and denied in part. By way of further answer, Defendants admit that there are past due amounts owed on the mortgage executed by Defendants with Ameriquest Mortgage Company as mortgagee on April 19, 2002. The terms of the mortgage, as a written insmunent, speak for themselves. The remainder of this paragraph contains conclusions of law such that a response is not required. Denied. Defendants are without knowledge or information as to the veracity of the numbers and amounts set forth in this paragraph and demand strict proof of same at trial. This paragraph constitutes a conclusion of law to which no response is required. By way of further answer, Defendants state that the mortgage between Ameriquest Mortgage Company and Defendants is a written instrument and as such the terms of the mortgage speak for themselves and any assertion that the terms of the mortgage conform with Pennsylvania law are conclusions of law. Admitted in part and denied in part. Defendants admit that they received a Notice of Intention to Foreclose. Defendants deny that they have tailed to meet with Plaintiff. On the contrary, Defendants have been working with Ameriquest Mortgage Company for approximately four (4) months on alternatives to foreclosure, including sale of the property, and continue to do so at this time. By way of fhrther answer, Defendants admit that they have been denied assistance from the Pennsylwmia Housing Finance Authority because the Authority asserted that Defendants should not have been qualified for the original loan. 9. Admitted in part and denied in part. It is admitted that the amount of the mortgage between the Defendants and Ameriquest Mortgage Company exceeds $50,000. The remainder of this paragraph constitutes a conclusion of law to which no response is required. WHEREFORE, Defendants, Debra L. Farkas and Rachel L. Farkas demand judgment in their favor and against the Plaintiff, WM Specialty Mortgage, LLC, together with costs of suit. Respectfully submitted, Dated: July 7, 2003 Christopher J.,J~eller, Esqm~e Attorney for Defendants Supreme Court ID 86889 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 VERIFICATION I verify that the statements made in this answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: 7/~/Z-~ Debra L. Farkas VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities. DATE: 'Ra~'hel L, Farkas WM SPECIALTY MORTGAGE, LLC, Plaintiff V. DEBRA L. FARKAS and RACHEL L. FARKAS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: 03-1316 Civil .. .. .. : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Christopher J. Keller, hereby certify that ! have forwarded a copy o£the foregoing Defendants' Answer to PlaintilTs Amended Complaint to the attorney of record for Plaintiff, Francis S. Hallinan, Esquire, in the date and in the manner indicated below. United States First Class Mail, postage pre-paid, on July 7, 2003. Francis S. Hallinan, Esquire Federman and Phelan, LLP One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Chr~to~her f. I~ler, l~squire Attorney for Defendants Supreme Court ID 86889 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 PRAECIPE FOR LISTING CASE FOR ARGLrMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. WM Specialty Mortgage, LLC 505 South Main Street Orange, CA 92868 Plaintiff VS. Debra L. Farkas Rachel L. Farkas 3360 Spring Road Carlisle, PA 92868 Defendants Court of Common Pleas Civil Division Cumberland County No. 03-1316 State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment Identify counsel who will argue case: (a) for plaintiff: Address: Robert Lieberman, Esquire 500 North 3'~ Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108 - 1004 (b) for defendant: Christopher J. Keller, Esquire Address: 101 South Market Street Mechanicsburg, PA 170:55 I will notify all parties in writing within two days that this case has been listed fori argument. 4. Argument Court Date: Attorney fo~ Plain~ i FEDERMAN AND PHELAN, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Identifcafion No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 WM Specialty Mortgage, LLC 505 South Main Street Orange, CA 92868 Plaintiff VS. Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County Debra L. Farkas Rachel L. Farkas 3360 Spring Road Carlisle, PA 17013 Defendants : No. 03-1316 C, RRT1FICATI(3N' 13g' ~F,R VTC,'.E 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: Christopher J. Keller, Esquire 101 South Market Street Mechanicsburg, PA 17055 DATE:~.~ Sheetal R. Shah-Jani, Attorney for Plaintiff FEDERMAN AND PHELAN, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 ~) _~63-700fl WM Specialty Mortgage, LLC 505 South Main Street Orange, CA 92868 Plaintiff VS. Debra L. Farkas Rachel L. Farkas 3360 Spring Road Carlisle, PA 17013 Defendants Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 03-1316 ORDER AND NOW, this day of ,2003 upon consideration of Plaintiffs Motion for Summary Judgment and Brief m Support thereof, and upon consideraJtion 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, Debra L. Farkas and Rachel L. Farkas, for $158,203.77 plus interest from March 25, 2003 at the rote of $36.50 per diem and other costs and charges collectible under the mortgage, for fore01osure and sale of the mortgaged property. BY THE COURT: FEDERMAN AND PHELAN, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 ~) ~6~-?000 Attorney for Plaintiff WM Specialty Mortgage, LLC 505 South Main Street Orange, CA 92868 Plaintiff VS. Debra L. Farkas Rachel L. Farkas 3360 Spring Road Carlisle, PA 17013 : Court of Common Pleas : Civil Division : Cumberland County : No. 03-1316 Defendants MOTION FOR gI~MARV .II~BGMF, NT Plaintiffrespectfully requests that the Court enter an Order 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 in dispute. 2. Plaintiff is seeking only an in rem judgment in this mo~:gage foreclosure action. 3. Defendants, Debra L. Farkas and Rachel L. Farkas, 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. 4. Defendants have admitted that there are past due amounts owed on the mortgage. 5. In their Answer, Defendants improperly deny paragraph six of the Complaint, which aver the amounts due on the Mortgage. Tree and correct copies of Plaintiffs ,Mnended Mort a e Fore g g ¢ osure Complaint, Defendants' Answer are attached hereto, incorporated herein by reference, and markedias Exhibits C, and D, respectively. 6. Defendants have failed to sustain their burden of presenting facts which contradici the averments of Plaintiffs Amended Complaint. 7. Defendants allege that they have been in contact with Ameriquest Mortgage Company in order to try and work out alternatives to foreclosure. 8. Attached hereto and incorporated herein by reference as Exhibit F are Plaintiff's collection notes on Defendants' account which shows that although Plaintiff's representatives and Defendants were talking, there was no agreement to stay the foreclosure proceedings, and furthermore, that Plaintiff's representatives left messages for Defendants' representative, which are unanswered. 9. Defendants executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 1756, Page 4432, is attached hereto, made part hereof, and marked Exhibit A. 10. By Assignment of Mortgage recorded May 5, 2003, the Mortgage was assigned to WM Specialty Mortgage, LLC, which Assignment is recorded in Assignment of Mortgage Book No. 696, Page 4525. A tree and correct copy of the Assignment to WM Specialty Mortgage, LLC is attached hereto, incorporated herein by reference, and marked as Exhibit Al. 11. The Mortgage is due for the September 1, 2002 payment, a period in excess of (11) eleven months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. The default and the amo'ant of the debt is further confirmed by Plaintiff's attached loan history on Defendants' account, attached hereto, incorporated herein by referenced as Exhibit G. 12. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage mount exceeds $50,000.00, as is further addressed in Plaintiffs attached Brief. 13. Nevertheless, Plaintiff sent Defendants a letter notifying them of their defanlt an~t of Plaintiffs intent to foreclose as admitted by the Defendants in paragraph eight of their Answer. A true and correct copy of the letter is attached hereto, made part hereof, and marked Exhibit E. 14. Defendants admitted in paragraph eight of their Answer that their application for Emergency Mortgage Assistance was denied by the Pennsylvania Housing Finance Authority. 15. Defendants have the right to reinstate the loan up until one hour before a scheduled Sheriffs Sale. 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 ~htteoe t rn~ y~o~h~h~ Jn~n[ ~ i r e 4 FEDERMAN AND PHELAN, LLP By: SHEETAL IL SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 ~) ~6~-70o0 WM Specialty Mortgage, LLC 505 South Main Street Orange, CA 92868 Plaintiff VS. Debra L. Farkas Rachel L. Farkas 3360 Spring Road Carlisle, PA 17013 Defendants Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 03-1316 PI,AINTIFF*,q RRIEF IN SUPPORT OF lT,q MORON FOR ~I~ARV I. DE~A~S* DEFAT~,T T~ER T~ MORTGAGE ~ Aphl 19, 2002 Def~, Debm L. F~ ~d ~chel L. F~s executed ~d deliv~ed a Mo~gage on ~e prop~ at 3360 S~g Road, C~lisle, PA 17013 (h~ema~g ~e "~op~"). Mortgage h~ ~m assi~ed ~ Plahh~ as is ad~essed h Plahfiffs a~ched Motion. Defmd~ts defaulted md~ ~e Moa~ge md Note by fail~g to ~e parrots due S~tem~ 1, 2~2 ~d each mon~ ~eafi~. By ~e ~pmss tm of~e Mo~gage, upon default m such pa~m~ for a ~ of one mon~, ~e m~ debt is i~ediately coll~fible. ~ Novembg 6, 2002, due o Def~ts default, Plam~ff~ded Def~ts no~ce ofi~s mt~on to fo~close on ~e Mo~gage by c~fied ~1 to Defmd~ at ~ek last ~o~ ad,ess.: DefroSts, however, failed to c~e the default. Tree ~d co~ect copies of~e notices ~e a~che~ h~eto, inco~mted h~ein by refgence, ~d m~ked as E~ibit E. Because Defen~ts failed to t~e ~e necess~ affimfive st~s to c~e ~e delinqu~cy, IPla~fiff was left ~ no altmafive but m foreclose ~ ord~ to recov~ its ~j~t 15m~cial losses. Accord~y ~e present action was filed on March 26, 2003. Plaintifffiled Amended ,Complaint on May 28, 2003. To date, Defendants have not brought the account current. H. PI.AINTIFF Lq KNTITI,E1) TO ~qUMMAR¥ .H~GM'K. NT A~ A MA' I'I'~:R OF [,AIV 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." Lile~ v lZlalmer~ 389 Pa. Super. 451,567 A.2d 691 (1989); First v 7em Zero 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 tojudgment as a matter of law. Pa.R.C.P. 1035.2(1); Allen v Merriweather, 413 Pa. Super. 410, 411,605 A.2d 424 (1992); lCleasel v New Fllvd Baking Co. Ina; 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 triable fact. Dri~eoll v C.a .rpenterrs District Counell of Western Pennsylvan;~,, 1570 Pa. Super. 295, 536 A.2d 412 (1988); affirmed. 525 Pa. 205, 579 A.2d 863 (1990); Allen, 413 Pa. Super. at411; [leasel~ 410 Pa. Super. at 594; ~, 371 Pa. Super. 443, 381 A.2d 524 (1988); Romah v l-ly~ienic Sanitation Cos 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. Phaffv GerntiT, 451 Pa. 146, 303 A.2d 826 (1973); l~ai v Dennis, 431 Pa. Super. 366, 370, 636 A.2d I 130, 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 role, 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. Elia v Olszew~ki, 368 Pa. 578, 84 A.2d 188 (1951). Cererme v. Cercone~ 254 Pa. Supi~r. 381, 386 A.2d 1 (1978); City ofPhilad~lphia v l-lertler, 114 Pa. Cmwlth. 475, 482, 539 A.2d 468, 472 0988). G°°drich'Amram 2d §1029(c)(1), p. 280. A general denial effectively rmmifests an admission to the facts 2 averred in the complaint. Swift v Milner, 371 Pa. Super. 302, 308, 538 A.2d 28, 31 (1988); Miehner v Montgnmery Cmm~ Tax Claim l:h]rean, 671 A.2d 285, 288 (Pa. Cmwlth. 1996). One purpose in 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. Bogley. gan/nE & gee~e v. Smart, 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 aver 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 Unquestionably, Defendants know specifically what payments they made on the Mortgage. Accordingly, because Defendants are charged with having sufficient knowledge upon which to l~ase a specific denial with respect to the averments contained in paragraph six of the Complaint, a general denial is insufficient to raise a genuine issue of fact. Cerenne v. Cerenn% supra; Ci.ty nfPhiladelphia v. gllertKm-, supra. The Pennsylvania Superior Court has held that, in order to raise a genuine issue of fact, d~fendants may not rest on the pleadings, but must sustain the burden of presenting facts to counter Plaintiff'S averments. New Ym-k Guardian MnrtEage v Diet,el, 524 A.2d 951 (Pa. Super. 1987). Wa~hin~cm F~leral Savln~ and I.nan Association v Stein, 515 A.2d 980 (Pa. Super. 1986);. A party will not be abl~ 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. ~ommw. hy Preate v l~alnhnw ~ggc~.iat~.h; 138 Pa. Commw. 56, 587 A.2d 357, 358 (1991). The Penusylvania Superior Court recently reiterated this principle in another mortgage foreclosure case. The Court held that the mortgagors' general denials in the/r answers to the Complaint must l~e considered admissions. Fimt Wisconsin Tnmt Co v Stmnsser~ 439 Pa. Super. 192, 653 A.2d 688 i1995). The Court reasoned that the only persons with knowledge of the amount due, besides the mortgag~ 3 response to the allegations in the Complaint regarding the default anti the amount due, the defendants are deemed to have admitted the allegations, and summary judgment for the mortgage company is proper. Fimt Wisconsin Tnmt Co v ,qtransser, supra. In determining if an answer is a general denial, the Court must examine the pleadings as a whole. Cornmw hy Preate. m~.nra, 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 amounts due and the default should be viewed as admissions by this Honorable Court. ~qIIMM'AR¥ .IIID~MrI~.NT Lq APPROPRIATE. ~qlNC?E T)Ei~.INrI~ANT~ 'I'H Iq F}EFATIT,T In paragraph five of their Answer to the Complaint, Defendants specifically admitted Rat there are past due amounts owed on the mortgage. The Pennsylvania Superior Court has held that summary jurist is appropriate in a mortgage foreclosure action when the mortgagor admits he is delinquent in n~ortgage payments. Cunnin~harn v MeWilliams, 714 A.2d 1054 (1998). New Ynrk ~nardlan Mc~r~o~ C~c~r?. V F)ie~7~t, 362 Pa. Super. 426, 524 A.2d 951,952 (1987). 22 Standard Pennsylvania Practice 2d ~121:69 (1995). In addition, the Superior Court has held that the fact that the mortgagor never admitted [he amount of the indebtedness does not prevent the entry of summary jud~ent in mortgage foreclosure, l'~nttm; ¥. ~Ve~tt~rn Penn~ylvan~ N~fit~nal ;~ank~ 445 Pa. 217, 282 A.2d 335 (1971[); Citicarp ]Vi~-~r~e; ]n~ V. Movr/~x611e ~ampmn Vill~e Real .W Dd Parm~l~l,, 4413 ?a. Super. 595, 601,662 A.2d 1120, 1 t23 (1995). Pennsylvania law requires that a foreclosure judgment be entered for a sum certain, l.an~m~ V. Western Pennsylvania National Nlank. 445 Pa. 217, 282 A.2d 335, 340 (1971). ~ Good. 370 Pa. Super. 570, 537 A.2d 22 (1988). Nevertheless, an action in mortgage foreclosure i~ slrictly an ha rem proceeding. Diet:et, 524 A.2d 951,953. The purpose of a judgment in mortgage foreclosure is solely to effect a judicial sale of the mortgaged property. DietTel, 524 A.2d 951,953. M~o Rea!tv Co v. Burns, 414 Pa. 495, 200 A.2d 869 (1964). Accordingly, the amount of the foreclosure judgment i~ 4 irrelevant to Defendants. If Defendants reinstate or pay offthe loan, they will pay the actual mount due on the loan as of the date of the reinstatement or payoff, not the judgment amount. The dullar amount in the judgment is only used in the rare circumstance of a third party bidder purchasing the property at sheriffsale. A third party bidder is usually a real estate investor. In this situation, the Sheriff pays the mortgagee the amount of the in rem judgment instead of deeding the property to the mortgagee. Mortgagors do not bid on the property at Sheriff's Sale. Rather, ifa mortgagor wants to save his property, he will reinstate or pay off hi~ loan. Therefore, since the dollar amount of the in rem judgment has no effect on mortgagorsi the Pennsylvania Supreme Court has decided that summary judgment is appropriate when a mortgagor admits his default, even if he does not admit the amount due on the loan. l.anclan ¥. Wente~rn P~nngylvania Nat/anal Bank. 445 Pa. 217, 282 A.2d 335, 340 (1971). Since Defendants adrmtted their default in the Within case, summary judgment for Plaintiffis 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. Furthermorei a trial would be a useless formality since Defendants adm/tted their default and they do not know how!much money they owe on the loan. IV. AMOIINT O1~ TI:IF,, IN RF, M .HH}GM~,NT The within case is a mortgage foreclosure action, the sole purpose of which is to take the Defendants' mortgaged property to Sheriffs Sale. Pennsylvania law m~kes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtc, xnm VillaEe Parm~ahip v. Kimrnel~ 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Si~onal Connnrfler Di~mmt Com?py V. Rahmeia, 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 rem judgraent is only for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged p~'operty at the Sheriff's Sale and become the successful purchaser, Plaintiffwould receive the mount of the in rem judgment fi.om 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. V. A'I'rORNI~,V 17~,P..,q AND CO~qT,q ARI~, Ri~,A,qONARI,I~, As to the attorney fees recited in paragraph six of the Complaint, it should be noted thht paragraph twenty-two (22) 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 attorney fee claimed in plaintiff's complaint is less than five percent of the principal balance due on the loan. When Plaintiffwa$ preparing its foreclosure Complaint, it could not know how much the attorney fees and costs would be upon!completion of the foreclosure action. Plaintiff could not know whether the Defendants would contest the chse and, if so, how extensively. Accordingly, Plaintiff used Pennsylvania case law as a guide. 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 exl~d sums of money for attorney fees in order to collect sums owed to him. l~a~/gate l~nt .e~pri~eq: Inn v. Plan} and Tm~.! Company of Clld York Rt~ad, 236 Pa. Super. 503, 345 A.2d 279 (1975). As a general rule, attorney fees, which are reasonable, will be permitted by the Court. A requested fee of five percent of the outstanding principal balance has been granted by the Court. Pennsylvania Courts have long and repeatedly concluded that such a 5% provision is reasonable and enforceable. Rohineon v l.onmis, 51 Pa. 78 (1865); F/mt Federal Rav/ngn and l,nan Annneiafinn v .Rfreet Rnacl ghc,pph,g (~enlc, i. 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 fnortgagee, not the attorney. They are not limited to the actual attorney fees but cover also the extra charges ~nade necessary became the mortgagor failed to meet his obligation. Fnnlke v. l-lntField Fair C'~round~ Ina . 196 Pa. Super. 155, 173 A.2d 703 (1961); Harper v. Consol/dated Rather CO., 284 Pa. 444, !31 A. 356 6 (1925). In Federal I.and l~ank nfl:lalfimnre v. Fetn~r, the Sup~or Co~ held ~at ~ a~omey fee of 10% of · e ofi~nal lo~ ~o~t was not ~c~seionable. 410 A.2d 3~ ~a. Sup~. 1979). R~tly, ~e Su~or Co~ cited Fem~ in conf~ng ~at ~ a~omey fee of t~ ~e~t ~cluded m ~e j ud~t in a moagage foreelos~e action was reasonable. Cifien~ v Mn~lle ~amptnn 'Real~, 662 A.2d 1120 ~.Sup~. 1995). ~po~tly, Plaintiff ele~ly outl~ed how Def~d~ts could avoid pang Plaintiffs a~omey fees in the Notice of ~tention to Foreclose Mo~gage, which was ~iled to ~f~d~ts. Def~d~, howev~, failed to ~e ~e necess~ afl--tire st~s to e~e ~e del~qu~cy, but m~ have opted to l~figate, which ~s resulted ~ mo~ a~omey fees. Addifionflly, Plain6ffsub~ts ~at ~e ~o~t d~ded f~r eos~ of suit ~d title se~eh in Plaintiffs Co~laint is neith~ excessive nor m~easonable. Moreov~, ~e rea~nabl~ess of a~omey fees d~s not create a g~ne issue of~t~al fact, whichp~cludes~e~ofs~jud~t. Fir~NafinnM Rankand TnmtCo ~fNe~lv 40 D&C 3d 228 (1985). ~tly, Plaintiffreco~i~s ~s Honomhle Corn's equitable au~bdW to set a~omey fees ~d cos~ as it dcm reamnable. ~efore, ~ere is no issue of retinal fact ~g=~g a~mey fees. P.S. ~101 et Defen~t a~i~ed ~t ~ey received ~e Notice ofhtmtion to Foreclose. Def~dan~ howev~, i~omd PlmfiWs Notice of ~t~fion to Foreclose, ~d did not ~e ~t', a~five st~s to ~ng ~e lo~ c~mt. Accordbgly, b ord~ to recov~ ib mjust fin~cial losses ~ a result of Defm~' de4ision to stop pang moP,ge parrots, Plabfiffwas left ~ no altmafive but to foreclose on ~e Mo~gage. DE~A~' APPI.ICA~ON FO~ AflflISTAN~ T~IE~ ACT 91 198~ WAR R~.~YI'~;I) RV 'l'Hk; PE~.VA~A HO[I~ ~AN~ A~N~¥ ~ou~ ~fmd~ c~t~d ~at Plain~ff failed to co~ly ~th of~e requkm~ts or'ct 91 . 1983, ~f~ neve~eless have ex~essly a~ed pm~ph ei~t o~ ~e Coolant, w~ch ~tes ~t 7 Defendants' application for the Homeowners' Emergency Mortgage Assistance Program (hereinafter "HEMAP") under Act 91 was rejected by the Pennsylvania Housing Finance Agency (hereinafter "PI-IFA"). VIII. CONCI.I ~lOh[ 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 drown from them. Thompgon ¥ NTa~on, 379 Pa. Super. /~ 15, 535 A.2d 1177 (1988), affirmed, 527 Pa.330, 591 A.2d 703 (1991). The Com-t must restrict its review tolmaterial filed in support of and in opposition to the Motion for Summary Judgment, and to uncontrovert~d allegations in the pleadings. Pa.R.C.P.1035. Overly v I(as& 382 Pa. Super. 108, 545 A.2d 970 ~1989). Plaintiff submits that it has demonstrated sufficient facts to wan'ant summary judgmentlin its favor. Defendants executed the Mortgage knowing that they would be responsible for the payments. Defendants have admitted the existence of the mortgage in their Answer to the Complaint. Plaintiffhas pro~'ided an affidav/t that Defendants are in default and set forth the amount owed by Defendants. Therefore, Plaintiff maintains that it has produced sufficient evidence to establish a prima fhcie case for mortgage foreclosure. Once Plainfiffhas satisfied its burden, Defendants have a responsibility to demonstrate facts, which would create a genuine issue for trial. Phaff, sutlm' Defendants have failed to sustain their burden ofpPesenting facts, which would contradict the elements of Plaintiffs claim. Plaintiffrespecffully submits that the allegations of the Complaint are, in fact, uneontroverted. Defendants have had use of the Property rent-free at Plaintiffs expense Jtong enough. Defendants* Answer has been interposed for the purpose of delay only. Plainfiffrequests tha~~. its Motion be granted st/that it can recover the unjust financial losses it has incurred to date. WHEREFORE, Plaintiffrespectfully requests that an in tenet judgment be entered in its favor for the amount due with interest and costs as prayed for in the Complaint, fcc foreclosure and sale of the mortgaged property. Respectfully submitted, Federman and Phelan, LLP EXHIBIT A ~175GP~q~32 BKI756PG~h33 BOI~.OWHR CO~NA~T~ Ih~ ~orrower is ~3~ ~ of ~e ~ hc~y ~nv~ ~ h~ · e d~t ~ ~ngagc. ~ ~d co~oy ~e ~o~ ~ ~ ~ ~ b ~cu~, ~t for 00~ s~l pay wh~ ~ ~e ~c~ of, ~d ~t~st 0~, ~c debt ~ed by Ih~ Note ~d ~y ~ ?~T, ~ or ~fi~; or (d) ~ ~ ~. ~ wi~ut ~ver o~ ~y ~ts ~reun~ ur p~udl~ ~ ~ d~ ~ ~e mc~ ~ or ~ ' ' 8f 1756PG , 35 .{ p~id in f~U. To the cxtem that ~y ~cc~ ~s~ ~ &e p~ ~ ~ to &e ~ p~y~ of o~ or .... t ~ ~ ~P ~Y ~ ~g~ due. V~l~y Agy ~[i~ of p~. im~ce ~, or M~U~s Pmc~ds m ~c~ ~ ~r ROtc sh~ ~t ~d or ~ ~e ~ date, ~ ~e ~ ~ of ~ Peri~ic priam for ~y ~d ~ i~ requi~d by ~ ~ ~a~n ~; ~d (d) M~age ~d. ~ ~t ~a~e ~ for ~ md ~y~g Ihu P~mda, ~y BKI756FS h36 U~n pa~t ~ ~11 of ~I ~ s~ by ~is ~fi~ ~, s~abJe to ~ ~ty whi~ ~ ~t~ pfio~ or~ ~ ~ty ~a~t, le~hold pa~ls ur 1o ~, but uniy ~ lo~ ~ Bo~w. ~ ~o~ m~ n~ ~e ~lu~; or (c) ~ ~m ~e ~ld~ ~ ~~ to ~er ~o~ ~d~{ ~y ~lu~ ~ to pay a o~ ~ for a r~niag ~ ~ ~ ~der m ~m~fiuu ~ ~s L~, 5. ~ ~e~ r~u~ ~ ~ pay, ~ ~ion with ~{s ~ ~1 ~) a ~t~e ch~ ~b, ~fl~ ~ ~ ~; or ~'. -' for ~e~ of nl, flo~ ~e de~ .... ,.~_~ M~ 1756PG L 37 c~e~i~c a~s ~ wr/~/ng, which coa~e~t ~' ""~ ~ ~ ~e date of r~nablc ~, ~ ~ ~e ~bl~ ~ upon ~d ~ of ~e . ivy ~ ~ m~; ~ (c) pa~ the Pm~ly ~ ~e ~, ~ · l~ ~ ~ ~' but ~ d~y or o~g~n ~ ~ ~, h ia ~t~ ~ ~ ~ ~ li~i far B~1756P~bqqO {b) ~ ~eb agre~n~s will not ~ ~e H ~ · . , . ~cd to ~d ~ ~ p~d ~ ~. F~ ~ Misc~J~ ~ ~ h~by d~'s ~ .~.,;~.= ~ . - . ~ ~ ~ to ~e the ~ ~pli~jn ~eO~ptovid~/~ 2' Y ~ L ~. ~o~ Not ~; F~.~ ~ ~ N~ a W~v~. ~xl~t~ o~ ~e ~ ~r . ~ ~ ss p~ for ~d~ ,~- -' ..... ~ ~q~ ~e (wh~ ~ ~ ~ ~)K1756PGqb, q2 81(I 756P6~41~3 new Lo~ ~i~, the ~ ~ ~i~ ~ ~oul~ '~ -m ~ ~e n~= I~d ~ of ~ be ~e ~ ~y o~ ~fO~on R~PA ,_~. ~I"~ ~o~ow~ nor ~ ~y ~n~, ~o~ or ~- I~L~~' __~ ~T, ~ ~ ~ U~ ~u~ ~ ~ t ~ ~Y ~m~ o~, ot ~y duly ~ ~y by ~mm~ ~w ~d ~e ~1756PG~4~6 EXHIBIT A1 ,ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that Ameriquast Mortgage Company hereinafter "Assignor" the hokler oflhe Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by WM Specialty Mortgage LLC, "Assignee" at the time of execution hereof, sell, assign, transfer and set over unto the said Assignee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by Debra L Farkas and Rachel L Farkns to Ameriquest Mortgage Company, bearing the date 04/19/02, in the amount nf $146,250.00, together with Se Note and indebtedness therein mentioned, said Mortgage being recorded on 04/29/02 in the County of Cumberland, Commonwealth of Pannsylvania, in Mortgage Book 1756 Page 4432,. Being Known as Premises: 3360 Spring Rd., Carlisle, PA 17013 Parcel No: 21-05-0429414A Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, R~medies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the~ same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and pre raises hereby granted ahd assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and behoof forever; subject, nevertheless, to the equity of redemption of said Mo~gagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said "Aasignpr/' has caused its Corporate Seal to be here n affixed and these presents to be duly executed by its proper officers this _~ day of tt~ r~ I ,20 03. Ameriqaest Mortgage Company Chrisl~jl~n e. ll? V~'~ P-ffJ~ent Default M~nagement Attest: Dawn L. Reynol~ Aasis~ant S~cretary SS. appeared Chris Pitanie[lo, Vice President Default Management, who acknowledged to be the Vice Presideflt Default Management of Ameriquest Mortgage Company, and that, as such Vice President, being authorized to do sO, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ~dggficial seal. . Stamp/Seal: ] Notary Public tN -' The precise address of the within named Assignee is: 505 City Pkw West .,~;r Assigne~) After recording return to: FI~ERMAN & PHELAN, LJ_.P One Penn Center 1617 J.F.K. Blvd., Ste. 1400 Philadelphia, PA 19103-1814 3/31/03-JHC Jocelyn Tolentin0 0035597053 BEING KNOWN AS 3360 SPRING ROAD I Ce.rtl fy this to be recorded In Cumberland County meco, ~,:r of EXHIBIT B PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF ~X~'OP. WxA ) SS. COUNTY OF LOS Ai~IGm.V.S ) Jocelyn I). Tolentino , being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Foreclosure .Specialist of Ameriquest Mortgage Company, mortgage servicing agent for Plaimiff 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' accotmts. 5. efendants mortgage payments due September 1, 2002 and each month D ' thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance Interest August 1, 2002 through March 25, 2003 (Per Diem $36.50) Attorney's Fees Cumulative Late Charges April 19, 2002 to March 25, 2003 Cost of Suit and Title Search Subtotal Escrow Credit Escrow Deficit TOTAL $146,008.47 $8,650.50 $1,250.00 $211.80 $550.00 $156,670.77 $0.00 $1,533.00 $158,203.77 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 IDefendants did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendants and to the severe detriment of Plaintiff 10. Plaintiff properly accelerated its mortgage to protect its interests. Ameriquest Mortgage Company NOT/~ I51~LICL.,/' - ' File Name and Number: Debra and Rachel Farkas, Account Nc,.: 0035597053 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 CENfER PLAZA, SUH'E 1400 PHILADELPHIA, PA 19103 ('215) 563-7000 WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET ORANGE, CA 92868 VS. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DMSION TERM NO. 03-1316 CIVIL DEBRA L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 CUMBERLA.ND COUNTY 3360 SPRING ROAD CARLISLE, PA 17013 Defendant(s) AMENDED CIVIL ACTION - LAW ~-~ COMPLAINT IN MORTGAGE FORECLOSURE You -- _C pages, ~~~ ~ (20) &ys afl~ ~s Co~l~t ~d Notice ~e s~, ~C~~~ ~ c}~ s~ ,o~ ag~a you. You, ~ ~t if you ~1 ,o u~ ~ m~ c~e ~y pr~ ~moug you ~d a jua~t ~out ~ notice f~ ~y money claimed ~ ~qu~ by ~e Pl~fi~ You ~y 1o~ money or ~ or o~ fi~ i~t m yo~ YOU SHOED T~ ~S P~ TO YO~ LA~ AT ONCE. W YOU ~ NO~ ~ A ~ OR C~OT ~O~ O~, ~ TO OR ~L~HO~ ~ O~E SET FOR~ BELOW TO F~ O~ ~ YOU C~ G~ LEG~ ~LP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0035597053 TJN FEDERMAN AND PHF. LAN, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 215-563-7000 Fax: 215-563-4491 Email: jenlne.davev~fedvhe.com Senine R. Davey, Esquire Litigation Department May 27, 2003 Representing Lenders in Pennsylvania and New Setsey VIA OVERNIGHT blAH. Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 FiLE COPY Re' W-M Specialty Mortgage, LLC vs. Debra L. Faxkas, et al. Cumberland County, CCP, No.: 03-1316 Civil Dear Sir or Madam: Enclosed for filing with the Court please find P[a~,~i.~. '$Amended Complaint and Certification of Service relative to the above captioned matter. Please return a time- stamped copy of the first page of the Amended Complaint and Certification in the enclosed self-addressed stamped envelope. Thank you for your cooperation. V~ery Iruly yoga~ $~avey, Esquire' JRD/mz¢ Enclosure cc: Christopher J. Keller, Esquire '-' .... ~is,= m eanmasp~cy ana th~s oebt was not reaffirmed, this cmrespondence is not ~md should not be consl~ed to b~ ~n attempt to collect · debt, but o~ly enforcement of a lien against prope~. 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 WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET ORANGE, CA 92868 VS. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DMSION TERM NO. 03-1316 CIVIL DEBRA L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY RACHEL L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 Defendant(s) .AMENDED ~ ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURI~ 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 DISCIIARGE IN BANKRUPTCY AND lltlS DEBT WAS NOT R~A~'FIRMED, T~I~ CORRF~PONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATr~VIPT TO COLLECT A DEBT, BUT O/'~Y ENFORCeMEnT OF A LI~N 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 focth 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 OlqqCE SET FORTH BELOW TO FRqD OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Lo~n #: 0035597053 TJN IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OI~'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 AFFER 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. Plainfiffis WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET ORANGE, CA 92868 The name(s) and last known address(es) of the Defendant(s) are: DEBRA L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 RACHEL L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and rea! owner(s) of the property hereinafter described. On 4/19/02 mortgagor(s) made, exeented and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1756, Page 4432. A tree and correct copy of the mortgage is attached hereto, made part hereof and marked as Exlfibit A. By Assignment of Mortgage dated April 4, 2003 and. Recorded in Assignment of Mortgage Book bio. 696, Page 4525, the mortgag~ was assigned to Plaintiff. A true and correct copy of the Assignment of Mortgage to Pl~intiff is attached hereto, made part hereof and marked as Exhibit B. 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 09/01/2002 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. The following amotmts are due on the mortgage: Principal Balance Interest 08/01/2002 through 03/25/2003 (Per Diem $36.50) Attorney's Fees Cumulative Late Charges 04/19/2002 to 03/25/2003 Cost of Suit and Title Search Subtotal $146,008.47 8,650.50 1,250.00 211.80 $ 550.00 156,670.77 Credit 0.00 Deficit 1,533.00 Subtotal $ 1,533.00 TOTAL '$158,203.77 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 thc Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the tewqx~ry stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haa/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amouat exceeds $50,000. WHEREFORE, PLAIN'rli~i,' demands an in rem Judgment against the Defendant(s) in the sum of $158,203.77, together with interest from ~/25/2003 at the rate of $36.50 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. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff BEZI4G KNOT%'N AS 3360 SPRING ROAD EXHIBIT A ~.o. ~I756PG~3Z 00'~{~i)~ )ira 2 d 111 O4/:7'J/t'O 0 3 810~,48 Fv~rs ~03~ I~ 1756PG~1t33 I)1( 1756PGq.~,3 ~ -~I755PG~q35 .I BKi756P~35 g 8~f 7S~PGq~39 ~1756PG~0 DX1756~qqq! ,1' L i I ~ 4~m~.mf~ '"'''~' o4/1~/~1oo2 ,:os:4a ~eou~.~ t BKI756PG4~Z ~ ~ I~.n~m~.. er Cc) ~ of ~ j4Mlnuml enl)n~ ~ 5~a~z~y IIh~..,~. T/mm ~1756PG~3 BKI756PG~b~ BI( 1756PG1,,I,,115 EXHIBIT B ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that Ameriquert Mortgage Company hereinafter "Assignor" thc hok~ofth~ Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by ~ Specialty Mortgage LLC, "Assignee" at the time of execution hereof, sell, assign, transfer and set . over unto the said Assignee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by Debra L. Farkns and Rachel L. Farkas to Amerlqusst Mortgage Company, bearing the date 04/19/02, in the amount of $146,250.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 04/29/02 in the County of Cumberland, Commonwealth of Peonsylvania, in Mortgage Book 1756 Page 4432,. Being Known as Premises: 3360 Spring Rd., Carlisle, PA 17013 Parcel No: 21-05-0429-Oi4A Also the Bond or Obligation in the ssid Indenture of Mortgage recited, and ail Moneys, Principal and Interest, due and to grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, ProperS, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the heredilsment~ and premises hereby granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, co and for ils only proper use, benefit and behonf forever, subject, nevertheless, to the equity of redemprion of said Mm~gagor ~ the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said"Assign:or/' has caused its Cerpocate Seal to be herein affixed and these presents to be duly cxecuted by ils proper officers this ~dayof ~c~r'tl ,20 0~. "- Amertquast Mortgage Company >_ ::r- By: lea.~r~.~ Delivered Chris P~aniello, fault M~gement Dawn L. Reynol~ Assis[ani Seerelsr7 SS. · once of us; ~ On this . appeared Chris Pitaniello, Vice President Default Management, who acknowledged to be the Vice President Default Management of Amerlqneat Mortgage Company, and that, as such Vice President, being authorized to d0 so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ~ndpfficial sea The precise address oftbe within named Assignee is: 505 City Pkw West Orang.e, ~ 92~4~8 V By: ,~r Assigu~) After recording return to: p~ERMAN & PIIF_.LAN, One Penn Center 1617 J.F.IC Blvd. Ste. 1400 Philadelphia, PA 19103-1814 3/31/03-JHC Jocelyn Toleatino 0035597053 Comm. l 1215646 l Ce.rtify this to be recorded In Cumberland County PA meco ocr of ~eet,q VERIFICATION Rose C. Lara hereby states that she is the Foreclosure Processor for AMERIQUEST MORTGAGE COMPANY mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoin~Civil Action in Mortgage Fol'eclosure are mae 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 DATE: lqa¥ 27, 2003 EXHIBIT D WM SPECIALTY MORTGAGE, LLC, Plaintiff DEBRA L. FARKAS and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-1316 Civil RACHEL L. FARKAS, : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT IN FORECLOSURE NOW COME, Defendants, Debra L. Farkas and Rachel l,. Farkas, by and tt~u ~gl~h~ ei~ attorney, Christopher J. Keller, Esquire, demand a jury trial in this matter and file this Answer to Plaintiff's Amended Complaint as follows: 1. Admitted in part and Denied in part. Defendants admit that the Plaintiff appearing in the above-captioned complaint is WM Specialty Mortgage, LLC. Defendants do not have sufficient information to determine whether the captioned Plaintiff is a proper~party in this matter. By way of fi~rther answer, Plaintiff's Amended Complaint is verified by an employee of Ameriquest Mortgage Company, Plaintiff's Amended Complaint! has an Exhibit B appearing to be Assignment &Mortgage from Ameriquest Mortgage Company to WM Specialty Mortgage, LLC and Ameriquest Mortgage Company emploYees have, as recently as July 2003, been in contact with Defendants to working out a deed in lieu of foreclosure or sale of the property and admittedly are aware of this ongoing case. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that the Defendants executed and delivered a mortgage to Ameriquest Mortgage Company on April 19, 2002 and that a similar document appears as Exhibit A. Defendants have no personal knowledge, information or belief as to the remainder of the factual allegations of this paragraph and strict proof thereof is demanded at trial. Admitted. By way of further answer, Defendants admit that there is a legal description attached to the Amended Complaint that seems to accurately reflect the property described in the mortgage Defendants executed on April 19, 2002. Admitted in part and denied in part. By way of further answer, Defendants admit that there are past due amounts owed on the mortgage executed by Defendants with Ameriquest Mortgage Company as mortgagee on April 19, 2002. The terms of the mortgage, as a written instrument, speak for themselves. The remainder of this paragraph contains conclusions of law such that a response is not required. Denied. Defendants are without knowledge or information as to the veracity of the numbers and amounts set forth in this paragraph and demand strict proof of same at trial. This paragraph constitutes a conclusion of law to which no response is required. By way of further answer, Defendants state that the mortgage between Ameriquest Mortgage Company and Defendants is a written instrument and as such the terms of the mortgage speak for themselves and any assertion that the terms of the mortgage conform with Pennsylvania law are conclusions of law. Admitted in part and denied in part. Defendants admit that they received a NOtice of Intention to Foreclose. Defendants deny that they have failed to meet with Plaintiff. On the contrary, Defendants have been working with Ameriquest Mortgage Company for approximately four (4) months on alternatives to foreclosure, including sale of the property, and continue to do so at this time. By way of further answer, Defendants admit that they have been denied assistance from the Pennsylvania Housing Finance Authority because the Authority asserted that Defendants should not have been qualifiedl for the original loan. 9. Admitted in part and denied in part. It is admitted that the amount of the mortgage between the Defendants and Ameriquest Mortgage Company exceeds $50,000. The remainder of this paragraph constitutes a conclusion of law to which no response is required. WHEREFORE, Defendants, Debra L. Farkas and Rachel L. Farkas demand judgment in their favor and against the Plaintiff, WM Specialty Mortgage, LLC, together with costs of suit. Respectfully submitted, Dated: July 7, 2003 Christopher J.~cn~r, Esqu e Attorney for Defendants Supreme Court 1D 86889 I01 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 VERIFICATION I verify that the statements made in this answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: Debra L. Farkas VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities. DATE: Rachel L. Farkas WM SPECIALTY MORTGAGE, LLC, Plaintiff DEBRA L. FARKAS and RACHEL L. FARKAS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-1316 Civil CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Christopher J. Keller, hereby certify that I have forwarded a copy of the foregoing Defendants' Answer to Plaintiff's Amended Complaint to the attorney of record for [Plaintiff, Francis S. Hallinan, Esquire, in the date and in the manner indicated below· United States First Class Mail, postage pre-paid, on July 7, 2003. Francis S. Hallinan, Esquire Federman and Phelan, LLP One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 · pher J. I4411er, Esquire ~ - - Attorney for Defendants Supreme Court ID 86889 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 EXHIBIT E FROM 'MERQUEST FORECLOSURE (FRI) ~. ~1' 03 10:06/ST. lO;03/NO. 4870008881 P 2 I'.O. B~ Il000 Sram Am, CA 92711-1~0 DHBRA ,% I~ARKAS 3~6Q SPRING R~ I,,,llL,,lll,,,,,,ll,,ll,l,,M,,,I,,li,,I,l,,lI,Jl,,,hf,,I ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS rJlgM 18 A DEBT COLLECTOI ATI"EMIOTI~G TO COLLECT A DEBT. TH~ NOTIC~ AND ANY INWOBMAT'tON OFFA]~D I~OM YOU WILL B~ USED IOI T~AT : I The HOM~OWN~It'S MORTGAGE ASS~TANCg nO~U * M fHEMA~ mn #o aid9 ~e h dp ~l~a~ ?_. wz'z-nm 30 DAYS OF THE DA~E OY 'I'HI~ NOTICE. Take thlj N'~ witlt :,W whm yas meff vl~ 6- Ateoev tell f~ee a~ 14s0-343-2397~tSersm t ~ bafrud he.,b~ emi ea~ ~ ~ I~ bar ~m ~ b ~M hdp 7~ hd a h~r. CO~IE~O ~ SU C~ Sl ~O ~DE EL CO~ BB ~TA ~Z~V~ HOUSinG ~ct A~N~ S~ ~S ~ ~ MENCmN~0 FROM AMERQUEST FORECLOSURE (FRI) ~. 21'03 10:06/ST. 10:0~/NO, 48'~0008881 P 3 ARBIJA. Fur, BF,~ SEn ELIGIBLE PARA U'N I~]~STAMO l, Om EL PROGBAMA LLA.MA~q "HOMIOWBER'A KMI RGr,~ CY MOIt'FGAGB A~STANC~ PROGRAM" gL CUAL pIN~I SALVAI S I; CASA DE LA ]*IRDIIJA DEI~ DKIEC~O A u~r D~3R SU HIPOTKC. A. WIflC~ CAI4 SAVE YOUR HOm'a YROM YORECL~SURE ANn H~LP YOU'M~w~ IPUTURE MORTq:AGE PA _.Y~NTS YOU COMPLY WITH THZ PIOV']~ON~ O! THE IlOMEOWNER*8 I~MEliGENCY MOB ASSISTANCE ACF OY 1~ ¢~'Ml~ "ACT*'), YOU MAY BE EIJGIBLE FO! EMERG]~qCY M~ YOUR DEFAULT HAS ~ CA'USZD BY CIICUMSTANCES BEYOND YOU]. YOU HAVE A REASO~ABI.,g I~iOSPECT OY BI3~G ABLE TO PAY YOUR MORT~ PAYMENTS, AND · IY YOU MEr, T O ~-m BLIGI]plL1Tr u~ QUi~,g;MKNT~ i STABL~H]gD .By z ~ Your q~lica~oa MUST ~ flkd ~ po~mm:t~ wit]~ ~ (30) OTmClt ~ PgitlO~ S~T eO~'l~ IN TBS8 LgTTgR, ~O~gCLOS~B~ AGAINST YOU]~ BOM~ I~IAT~LY AN~ YO~ -4~pLICATIOiq ~0~ ~ORTGAG~ FROM ~MERQUEST FORECLOSURE (FRI) 3. 21' 03 10:06/ST. 10:03/N0. 4870008881 P Novemb~ 06, 2002 BAIqI~U~TCY, THE FOLLOWING I*A~.T O~ 't~ ~ · ffOl ~0~ ~a~ O~Y ~ ~O~ ~ BB co~mmo ~ ~ A~ TO co~ ~ 7m bare mM ba~ ~ ~u ~ e~17 far ~ ~ ~) I st 3360 ~ RD. C.~,I~LE, YA 17013 Iii SBR.IOUSL¥ IN DIi~'AULT tJ~;~M: [ A. YOU HAVK NO'I MAD~ MONTI~¥ MORT(t~..~ PAYMEI,,'TS [o~ ~e ~o~,wi~ su~iI~ ndl Mm~hb Psymemts Idu~ IMs ~ De' ~ fees: ~tlT. 3S I B. YOU HAVE ItArr-T~ TO TAS;X THE ITOLLOWING ACTION ldo 1st use If not ~mMkabM~ N/A Hq)W T~ ,CuRt THE m~ItAULT-yu my ~ tt~ ~-tt ~ TmltTY p0) DAYS of~ dabJof thls no,~ce BY PAYI~'G THB TOTAL AMOUHT YAST DUB TO TIlE LI:NDER. WHlr'n IS S.~3%3~ M,US AlqY MORTGA GR PAVMZD~FS AND LATE CHARGF~ W~ICH HRGOME D[]~ DImING ~ THIRTY (30) DAY PERIOD. Psymma ~ tirade eJi~f bT ctsk cisMa~s check c~ifkd cllc~ ~u_~n~em~ 5o~ ~ Pur~ wut, S~it~ #l~o you c~ ~ ~. ~' ~ by i~i~b ~llowi~ ~iom wi~ 'fld~TY (10) DAY~ ~'~e ~ ~s ~ RIGHT TO C~ 't'~t~ D~Z'AU~LT lnRIOll *FO SH]I~II~S SALE - ~ye~ hs~ B~ ca~d thg dqh~ll whldn FROM AMERQUEST FORECLOSURE (FRI) 3. 21' 05 10:07/ST. 10:03/NO. 4870008881 F 5 ~ifFs Ssk HOW TO CO.FACT 'r~ L~NDEib M'qd by 1st CJm Mall nd b~ Cern1,4 MI~ FROM AMERQUEST FORECLOSURE (FRI) 3. 21' 03 I0:07/$T, 10:03/NO. 4870008881 P 6 Homeowners' Emergency Assistance Program CUN~ERLAND COUNTY CCCS of'Western pennsy~v~nis, 2000 Linslestown Road l~ PA 17102 (717) 541-1757 Co~aunley irtlon Corem oft~ Ctpttal lt~io~ 1514 1~ Street Hmlsbur~ PA 17104 (717) 231-9757 FAX (717) ~34-2227 l~anc~d Cotm~l;,~_ Services c 31 West 3rd St~ett Wayn~sbot'o, PA 1"/7.5~ (71~ 7~2-32SS YWCA of Carlisle 301 G S~r~t Carlisl% PA 17013 (?:Ti 243-38'18 F~ (71~ 73~-9589 Adtm~ Cow~ty ao~s~S Autl~ 139-143 C~rIisle St C-ettysbut& PA. 17325 (717) 334-tStS FAX (717) 334-8326 '1 EXHIBIT F FROM AMERQUES FORECLOSURE (MON) 8. 11' 08 14:22/ST. 14:I8/NO. 4870008809 P Notes for Loan Number: 0035597053 15:21 - AE3 - CLD ATTORNEY CHRISTOPHER KELLER LIvlTC ON HIS VOICE MAIL TO CALL. - AD WAS · 00/00/00 (~0:00 17:16 - AE3 CLD BORROWERS ATTORNEY CHRISTOPHER KELLER 717-700-5451 LMTC. - AO WAS 00/00/00~0:0o 10:31 - 9NG - MAILED I=1/I QUOTE GOOD TIL 7/30/03 $ 20,300.11 - AD WAS 00/00/00 06:oo IRS / RS] 17:37 - AE3 · SPOKE %~JTH CHRISTOPHER KELLER. SAID BORROWER HAS TWO POTENTIAL OFFERS ON THE ~ROPERTY, I$ REQUESTING A PAYOFF FIGURE OR REINSTATEMENT QUOTE. WiLL ORDER REINSTATGMENT QUOTE TODAY. AD WAS 00/00/00 00:00 07/08/03 17:27 -AE$ · RECEIVED FAX FROM BORROWER AUTHORIZING US TO RELEASE INFORMATION TO CHRISTOPHER KELLER HE IS A'I-rORNEY HANDLING *H-IE SALE OF HER HOME 717-700~5451. - AD WAS 00/oo/00 o0:0o 07/03/03 16:39 - AE3 - SPOKE W~TH MRS FARK~$, INFORMED HER THAT I HAVE RECEIVED TITLE AND APPRAISAL NOW, I W~LL BE COMPETING DIL PURPOSAL FOR INVESTOR, SAID SHE MAY HAVE AN~INTERESTED BUYER TO PURCHASE THE PROPER~Y SA D SHE WILL CALL ME BACK 070703. - AD WAS' 06/00/00 00:00 06/17/03 11:09 - EM7 - APPRAISAL PAID $3~5.00- AD WAS 00/00/00 00:00 06103/03 15:48 - AE3 - RECEIVED CALL FROM BORROWER SAID APPRAISOR HAS AN APPOIN~MENT 060403. - AD WAS 00100/00 00:00 06/03/03 15:37 · AE3 - CLD BORROWER AT HOME[ LMTC ON HER VOICE M~IL TO CALL ME ASAP. - AD WAS 00/00/00 qo:oo 05/19~03 16:19 · AE3 - SPOKE V~TH BORROWER SAID THAT APPRAISOR WAS AT THE PROPERTY ON 050603, AD WAS 00/00/00 00:00 04/29/03 10:39 - 9NG - MAILED RII QUOTE GOOD THROUGH 05/15/03 $ 14,467.94 - AD WAS O010D/00 00:00 [RS I RS] 04/28/03 16:01 - AE3 · Reset queue_name from 5FC00 to 6FC06. [SM / QU] 04/2W03 15:55 ~ AE3 - FORM: APPRAISAL REQUEST- PRINTED [SM I FP] 04/28/03 15;50.AE3 o CLD BORROVVER AT HOME LINE B~r' WILL TRY LATER. - AD WAS DO/00/00 00:00 04126/03 15:49 - AE3 - RECEIVED DIL FINANCIAl, PKG, I HAVE REQUESTING COPY OF PRELIM TI'FIE REPORT FROM FC DEPT. - AD WAS 0WOQ/00 00:00 04/23/03 17:55 - DD1 - RCVD FIN INFO...FRWD TO GP~CE E - AD WAS 00/00/00 00:00 04/14/03 13:00 - DD1 - RCVD FAX--HRDSHP LTTR RE: DIL...FRWD TO GRACE E - AD WAS 00/00/D0 00:00 04/14/03 11:46 - DDI - RCVD FAX--SS FIN PKG...FRWD TO GRACE E - AD WAS 0O100/00 00:00 04/14/0307:41-AE3 -BUSINESS1_PHONE_NUM~ERWAS"177324352' [SM/RU] 04/14/03 07:41 - AE3 - BUSINESSI_EXT WAS "DX" [SM / RU] 04/14/03 07:40 - AE3 - RECEIVED CALL FROM BORROWER SAID SHE IS GOING TO FAX D~L DODUMENTS TODAY. - AD WAS 00/0O/00 00:00 03/26~03 15:58 - AE3 - RECEIVED CALL FROM MRS FARKAS, SHE HAD SOME QUESTIONS ON I~IL, SAID SHE WILL SEND PKG BACK iN A WEEK OR SO, SHE I$ GATHERING INFORMAITON.. AD WAS 00100/00 00:00 03121/03 08:23 - AE3 - RECEIVED MESSAGE FROM BORROWER REGARDING D1L, I RETURNED HER CALL BUT WAS NO F IN LMTC, - AD WAS 00/00/00 00:00 08/07/03 15:09 - PM9 · CLD RES#I LM DAU; CID TO OFFER PS$BLE A$$1STNCE - AD WAS 00/00/00 00:00 03107/03 11:32 - G J1 - SUBMITTED LOAN TO FC - CHECKED CPI AND CODED FC- CHECKED FOR LOSS MIT DEPT ACTIVITY- BLOCKED NOI. - AD WAS 00/00/00 00:00 [RS / RS] 03107/03 09:36 · HR3 - CORRECTION: SENT BORIC LETTER; FOR GRACE E - AD WAS 00/00/00 00:00 03106/03 16:13 - HB3 - SENT SOLIC LETTER FOR REGINA MERCADO - AD WAS 00/00,'00 00:00 o3106/03 16:12 - HB3 - 35597053 - AD WAS 00/(O/-OO 00:00 03/0~/0;3 11:19 - KA2 - DEBRA CI~D AND EXPL~"~ED OPTIONS..SHE HAS HOUSE ON MARKET FOR WITH NO OFFERS.. SHE WANTS TO DO DtL..SNT EMAIL TO HEATHER FOR PKG - AD WAS 00,'00/00 0O:00 03/06/03 10;80 - KA2 - RTNo DEBRA'S CALL.LET MSG TO CALL - AD WAS 00/00/00 00;00 03/05/03 14:5'1 - KA2 - RTND MRS'B CALL.LFT MSBG TO CALL - AD WAS 0W00/O0 00:00 03/05/03 O8:07 - G J1 - REQUESTED JUDICIAJ. LTR. - AD WAS O0/O0/00 00;00 [RS / RSJ 03/04/03 23:Tg - VSA - NEW STATUS-- 00 TO 81 [SM/NS] 03J04/03 10't7 o K.&2 . RTND MR$'S CALL..I.FT ME, SG TO CALL - AD WAS 00/00/00 00:00 03/03/03 23:59 - VSA · NEW STATUS-- 80 TO 91+ ISM / NS] 03/03/03 08:49 - AC4 - LEFT MESSAGE ON REC(~RDER AT HOIVIE - AD WAS 02/28/03 17:00 H [DR / LR] 03/03/03 08:10 - RS2 - FORM: FORECLOSURE REFERRAL - PRINTED [SM / FPJ 03/03/03 08:09 - RB2 - REPORT :ALL DATA PRINT - PRINTED [SM I RP] 02/28~03 16:35 - RC7 - CLD RES NO MESS LEFT - AD WAS 0W28/03 10:00 H [DR / NM] 02/28/03 06:58 -FCI - REC; NML,- AD WAS 02/27/03 21:00 H [DR / NM] 02/27/03 15:05 · LD4 * DR ANS M[ACH H/U NML - ~ WAS 02J27/03 2 1 :00 H IDR NM] 02/27/03 13:24 · KA2 - RTND MR~'S CALL..LFT MSSG TO CALL - AD WAS 02/27/03 21:00 H 02J~7/03 o~:32 - JVV:~ . DR AM NI~L - AD WAS 02/~03 07:15 H [DR / NAJ NOTES: Page 1 of 2 FROM AMERQUEST 02/26/03 05:39 - OO1 02t26/03 06:39 - 001 02/25103 17:46 - AH5 02/26/03 12:27 - JAJ 02/24/03 15:07 - OM1 02/24/03 12:34 - AM4 02/Z4/03 06:32 - pC3 02/21/03 14:38 - RG2 02/21/03 14:37 - RG2 02/21/03 11:58 - TW1 02/21/03 09:48 - EM6 02113/03 07:54 - TR4 02/11103 14:28- SG2 02/10/03 09:21 - RC7 02~05~03 09:12 - JAJ 02/04/03 08:11 · VB2 (MON) 8. 11'03 14:23/ST. 14:18/N0. 4870008809 P Notes for Loan Number: 0035597053 · - AD WA~ 02/26/03 07:15 H [DR / RU] · DR NO MI~SS - AD WAS 02/26/03 08:00 H [DR / NM} ' . LEFT ME~SAGE ON RECORDER AT HOME. - AD WAS 02t25/03 13:00 H [DR / LR] . MACHINE} - AD WAS 02t2~]03 13:00 H [DR / NM] V-NML - ~D WAS O2/25/03 13:00 H [DR / NM] - CALLED r~HFA, BORROWER WAS DENIED 2/20/03-- FC APPROVED - AD WAS 02/25/03 13:00 H IRS/RS] · NML - ADWAS 02/23/03 13:00 H [DR / NMi - - AD WAS 02/22/03 13:00 H [DR / NM] . - AD WAS 02/22/03 13:00 H [DR / NM] · MACH;NML - AD WAS 02~1103 13:00 H [DR / NM] . A/M NMi. - AD WAS 02/21/03 08:00 H [DR / NM] - LEFT MESSAGE ON RECORDER AT HOME. - AD WAS 02/12/03 08:00 H [DR / LR[ - TR AMON NO MESSAGE LFT - AD WAS 02/12/03 08:00 H [DR / NM] . 10:31 No Answer 11:08 No Answer 11;38 Busy [DC/DA] · REVIEWE~D BY FRC - PNFA HAS TILL 2/26/03 TO MAKE A DECISION, - ADWAS 02/12/03 08:00 H {RS/RS] · CJ- ORES NA - AD WAS 02/06/03 08:00 H [DR INA] - LEFT MESSAGE ON RECORDER AT HOME, - AD WAS 00/00/00 00:00 [DR / LR] · LEFT MESSAGE ON RECORDER AT HOME. - AD WAS 02/01/03 08:00 H [DR / LR] 4 NOTES: Page 2 of 2 EXHIBIT G AMERIQUEST MORTGAGE COMPANY 505 CITY PARKWAY WEST, STE 100 ORANGE, CA 92868 (714) 634-2474 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 08/07/03 REQ BY JDT PAGE 1 DEBRA L FARKAS RACHEL L FARKAS 3360 SPRING RD CARLISLE PA 17013 LOAN NUMBER: 0035597053 .......................... CURRENT ACCOUNT INFOPdVL~TION ........................ DATE TOTAL PRINCIPAL LOAN CURRENT PAYMENT PAYMENT & INTEREST INTEREST PRINCIPAL ESCROW DUE AMOUNT PAYMENT PATE BALANCE BALANCE ~ 09-01-02 1,176.66 1,176.66 8.99900 146,008.47 1,533.00- ACTIVITY FOR PERIOD 06/01/02 - 08/06/03 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TP3~SACTION TRANSACTION PRIN. PAID/ ESCROW PAID/ ............ OTHER ............. AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION 07-24-03 00-00 632 STATUTORY EXPENSES 2,562.00 0.00 0.00 0.00 07-16-03 09-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 07-16-03 00-00 631 PROPERTY PRESERVATION 10.00 0.00 0.00 0.00 06-17-03 00-00 633 MISC. F/C AND B/R EXPENSES 325.00 0.00 0.00 0.00 06-16-03 09-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 06-12-03 00-00 631 PROPERTY PRESERVATION 10.00 0.00 0.00 0.00 05-23-03 00-00 631 PROPERTY PRESERVATION 10.00 0.00 0.00 0.00 05-16-03 09-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 05-08-03 00-00 632 STATUTORY EXPENSES 27.00 0.00 0.00 0.00 05-08-03 00-00 632 STATUTORY EXPENSES 100.00 0.00 0.00 0.00 70.60-1 LATE C~ARGE 70.60-1 LATE C}IARGE 70.60-1 LATE CHARGE AMERIQUEST MORTGAGE COMPANY 505 CITY PARKWAY WEST, STE 100 OP~ANGE, CA 92868 (714) 634-2474 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 08/07/03 REQ BY JDT PAGE 2 DEBRA L FARKAS LOAN NUMBER: 0035597053 ACTIVITY FOR PERIOD 06/01/02 - 08/06/03 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION TRANSACTION PRIN. PAID/ ESCROW PAID/ ............ OTHER ............. AMOUNT BAL~CE INTEREST BALANCE AMOUNT CODE/DESCRIPTION 05-08-03 00-00 8.50 04-16-03 09-02 0.00 04-07-03 00-00 10.50 03-27-03 00-00 10.50 03-17-03 09-02 0.00 03-11-03 00-00 10.50 03-06-03 00-00 8.50 02-24-03 09-02 1,533.00 02-21-03 12-02 1,533.00- 02-18-03 09-02 0.00 01-16-03 09-02 0.00 12-16-02 09-02 0.00 11-21-02 00-00 10.50 11-18-02 09-02 0.00 10-16-02 09-02 0.00 631 PROPERTY PRESERVATION 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 631 PROPERTY PRESERVATION 0.00 0.00 0.00 631 PROPERTY PRESERVATION 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 631 PROPERTY PRESERVATION 0.00 0.00 0.00 631 PROPERTY PRESERVATION 0.00 0.00 0.00 161 ESCROW ADVANCE 0.00 0.00 1533.00 70.60-1 LATE CHARGE 70.60-1 LATE CHARGE 70 . 60 - 1 LATE CHARGE 70.60-1 LATE CHARGE 70.60-1 LATE CHARGE 70 . 60 - 1 LATE CHARGE 70.60-1 LATE CHARGE 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 631 PROPERTY PRESERVATION 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 351 HAZARD INSURANCE DISBURSEMENT 0.00 0.00 1533.00- 1533.00- NEW PRINCIPI~L/ESCROW B~J~/gCES AMERIQUEST MORTGAGE COMPANY 505 CITY PARKWAY WEST, STE 100 ORANGE, CA 92868 (714) 634-2474 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 08/07/03 REQ BY JDT PAGE 3 DEBRA L FARKAS LOAN NJ3F~ER: 0035597053 ACTIVITY FOR PERIOD 06/01/02 - 08/06/03 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION TRANSACTION PRIN. PAID/ ESCROW PAID/ ............ OTHER AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTiON 09-17-02 08-02 172 pAYMR~T~ 1,176.66 81.11 1,095.55 0.00 146,008.47 09-16-02 08-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 08-16-02 08-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 08-02-02 07-02 173 PAYMENT -- 1,~76.66 80.51 1,096.15 0.00 146,089.58 08-01-02 07-02 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 08-01-02 07-02 148 ~ 0.00 80.51- 1,096.15- 0.00 146,170.09 07-15-02 07-92 172 PAYMENT ~ -~,176.66 80.51 1,096.15 0.00 146,089.58 06-10-02 06-02 172 PAYMENT 1,176.66 79.91 1,0~6.75 0.00 146,170.09 MEW PRINCIPAL/ESCROW BALANCES 70.60-1 LATE CHARGE 70.60-1 LATE CHARGE NEW PRINCIPAL/ESCROW BALANCES 70.60-1 LATE CHARGE NEW PRINCIPAL/ESCROW BALANCES NEW PRINCIPAL/ESCROW BALANCES NEW PRINCIPAL/ESCROW BALANCES Sheetal R. Shah-Jani, 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.$. §4904 relating to unswom falsification to authorities. Date ! Sheetal R. Shah-Jani, Esqt(ire '~ Attorney for Plaintiff M_~ FEDERMAN AND PHELAN, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WM Specialty Mortgage, LLC 505 South Main Street Orange, CA 92868 Plaintiff VS. Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County Debra L. Farkas Rachel L. Farkas 3360 Spring Road Carlisle, PA 17013 Defendants : No. 03-1316 CERTIFICATION OF NO RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 1. On August 20, 2003, Plaintiff filed a Mc,tion for Summary Judgment against Defendants, Debra L. Farkas and Rachel L. Farkas. 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 FEDERMAN AND PHELAN, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WM Specialty Mortgage, LLC 505 South Main Street Orange, CA 92868 Plaintiff VS. Debra L. Farkas Rachel L. Farkas 3360 Spring Road Carlisle, PA 17013 Defendants Attorney for Plaintiff : Court of Common Pleas Civil Division Cumberland County No. 03-1316 CERTIFICATE OF SERVICE I hereby certify a true 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: Christopher J. Keller, Esquire 101 South Market Street Mechanicsburg, PA 17055 Sheetal R. Shah-Jani, Esquit~ Attorney [~or Plaintiff FEDERMAN AND PHELAN, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WM Specialty Mortgage, LLC 505 South Main Street Orange, CA 92868 Plaintiff' VS. Debra L. Farkas Rachel L. Farkas 3360 Spring Road Carlisle, PA 17013 Defendants PRAECIPE Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 03-1316 TO THE PROTHONOTARY: Please withdraw: the Motion for Summary Judgment, which was filed on August 20, 2003 with respect to the above referenced case. S he et al ~t o~mm~e ~ Jf;nr i~ 1Ea~ FEDERMAN AND PHELAN, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WM Specialty Mortgage, LLC 505 South Main Street Orange, CA 92868 Plaintiff VS. Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County Debra L. Farkas Rachel L. Farkas 3360 Spring Road Carlisle, PA 17013 Defendants : No. 03-1316 CERTIFICATION OF SERVICE I hereby certify a tree and correct copy of the foregoing Praecipe to withdraw Motion for Summary Judgment, was served by regular mai] on Counsel for Defendant on the date listed below: Christopher J. Keller, Esquire 101 South Market Street Mechanicsburg, PA 17055 DATE: Attomey for Plaintiff FEDERMANAND PHELAN ,By: 'FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff WM SPECIALTY MORTGAGE, 505 SOUTH MAIN STREET OP~ANGE, CA 92868 LLC : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION DEBRA L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 P~ACHEL L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 : NO. 03-1316 PRAECIPE TO REDUCE ORDER TO JUDGMENT TO THE PROTHONOTARY: Kindly enter Consent Judgment in DEBRA L. FARKAS AND RACHEL L. FARKAS, Court's Order dated OCTOBER 13, 2003. DEBRA L. FARKAS AND RACHEL L. FARKAS as favor of the Plaintiff and against Defendant(s) in accordance with the Assess Plaintiff's damages against follows: As set forth in the Order Interest - 3/25/03-10/13/03 TOTAL $158,203.77 / $ 7,409.50 $165,613.27 FPJtNK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS DATE: /O / ~ ~ /~-~ SPL I ND I CATED. PR~ROTHY 10/13/03 MON 15:06 FAX ~002 FEDEICMAN AND PHELAN, L.L.P. By: Sheetal R. Shah-Jas~, Esquire Identification No. 81760 One Perm Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 ATTOP,21FY FOR PLAiNT~F W-M Specialy Mortgage, LLC VS. Debra and Rachel Farkas Court of ?~ommon Pleas Civil Di', ision Cumberl~ iud County No. 03-i ~16 coNs ; T Juimm;N ', AND NOW, This [.~'J~- day of ~ ~.¢'?,,,, )03 It' is hereby agreed by and between, WM Spccialy Mortgage, LLC (hereinafter "PlaJ atiff'), by and through its cotmsel, Sheetal R. Shah-Jani, Esquire and Debra and Rachel Farkas 0aerein.after "Defendants") by and through their counsel, Ckristopher J. K, ;lief, Esquire as Follows: WHEREAS, Plaintiff is thc holder of the Mortgage on the property located at 3360 Spring Road, Carhsle, PA 17013 (hereinafter the "Prop¢rty"); WHEREAS, Defendants ea'e the mortgagors and own~ rs of the Property; WHEREAS, the Mortgage is tn default because monthly payments on the Mortgage due September 1, 2002 and each month thereafter s r'e due and unpaid; WHEREAS, by the terms of the Mortgage, upon de~imlt in such payments for a period .of one month, the e~lnre pri~cipal balance and al! i :[terest due thereon are duc forthwith; WHEREAS, the pa..,-tics to this Consent Judgment a 'e desirous of resolving the issues rinsed i~ the Comp!aipt mad tlqerefore, Plainti.ff and De }mdants agree as follows: 10/13/03 NON 15:06 FAX ~003 prejudice. 1. An in rem judgment is entered in favoJ of Plaintiff and against Defendants, Debra and Rachel Fa,rkas in the sram of $151;,203.77 plus interest from March 25, 2003 at the rate of $36.50 per diem and otl]er c:~sts and charges collectible under the Mortgage, for foreclosure and sale of the Property. 2. In the event that, prior to a Sheriff's Sale, it is ![etermined that Plaint/fl has expended sums with regm'd to the Mortgaged Properly, ~nch .cting but not limited to rea[ estate taxes and insurance, then Defendants will stipulate with Plaintiff to the reassessment of damages in order to increase or decrease the judgment to reflect thc expenditure made by Plaintiff. 3. Defendants will peacefully vacate thc Mortga~ ed Property by the date of the Sher~fPs Sale. Defendants hereby withdraw their Answer to tlc Complaint with 5. Defendm~ts hereby release and forever disch~ :rge Plaintiff, its successors and assigns, predecessors, serwcers, agents, emplctrees, officers, directors, representatives, and at'romeys from any and all claims, dcm rods, damages, or liabilities whether now lmown or unknown arising out of or in any '~ray connected to Plaintiffs servicing of Defendants' Joan a,d the witlxm foreclosure act~c n. 6. The attonleys executing this Consent Judgmen I have done so only after having discassed tlne tenns with their respective clients and h ~[ving obtained their consent to be bound by the terms of this Consent Judgment. 10,'13/03 ~ON 15:07 FAX ~004 This Consent Judgment may be executed in co mtcrpart. Attorney for Defendaut% Debra ~and Rachel Farkas PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WM SPECIALTY MORTGAGE, LLC : Plaintiff, : : No. 03-1316 DEBRA L. FARKAS : RACHEL L. FARKAS : Defendant(s). : TO THE D1RECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest - 3/25/03-10/13/03 to 10/14/03 Interest fi.om 10/14/03 to MARCH 3, 2004 (per diem -$27.22) TOTAL $158,203.77 1/ $7,409.50 $3,865.24 and Costs $169,478.51 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property.No. ALL THAT CERTAIN lot of land with the iraprovemcnts thereon erected, simaie ia Middlesex T~waMlip, Cumberland C~.~Ullty. Pennsylvania, hounded and cleseribed a~ follows: BEGI3'4NING at a point in thc c~at~ line of Stat,' Highway (PA ROUte 34) ~'hich point is ~ the ~ linc of PA R~t~ ~; ~en~ exte~Mg ~ag the c~t~r line of PA Ro~ 94~, Notfl~ 29 degr~s min~s 36 ~con¢~ W~t 162.~ f~t to a ~[m where PA R~e ~4 ~mr~e~ wi~ Township Road T.708; ~et~e ~ ~ong the ~mer IMe of T~708, No~h 18 ~e~ ~ minutes 22 ~o~ 186.00 ~eet to a ~t at line of land ~w or fom~ly of Ro~l't L. ~ts~ll; ~encc along ~< No~ 67 ~e~s 16 minut~ 38 s<o~s ~t 682.~ fe~ to a poim al li~e of la~s now or formerly point M ~e ¢eglet line of PA Rou~ 34; ~ence ext~d~g alog$ ~e c~ier tine o~ PA ~ome 34 by cume to the righI wi~ a ~ius of 637,17 f~t, ~ ~c leng~ of 463.30 ~ to a ~mt; the~e still ~ s~e, Sou~ 63 ~s 25 ~uu~ 08 s~Ma We~ 358.83 feet to a ~int, the place of heginni~, BEING Lot No, 1 on the Sub. livi.~ion Pla~ of a 41.712 acre tract of land for Robert Smasfiel. d, wRich plain is recorded in tile Office of the Recorder of D~eds for Cumberlleld County' in Plan Book 33, Page 42. TITLE TO SAID PREMISES IS VF..STEID IN Debra L, Farlcas ami Rachel L. Farlras, mc, the~ and daugllter, as joint tenants with thc right of stlp,,i'~'orbhJ'p by Deed from W'al~,~r B. Kiser, by his Ata:~'neyqn. fact, Ruth E, Ki~er, and Ruth E, Ki.ger, bus 'band and wife datecl 1/10t'2000 and recolxled l/H/2000 in De~ Pa)ok 214, Page 787, Ta~ Parcel# 05-0429-014A 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 WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET Plaintiff, DEBRA L. FARKAS RACHEL L. FARKAS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1316 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 DEBRA L. FARKAS is over 18 years of age and resides at, 3360 SPRING ROAD, CARLISLE, PA 17013 . (c) that defendant RACHEL L. FARKAS is over 18 years of age, and resides at, 3360 SPRING ROAD, CARLISLE, PA 17013. 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 Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center ~ Military Status Report WPursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 (Last Name First Middle Begin Date I Active Duty Status FARKAS DEBRA Currently not on Active Military Duty, based on the Social Security Number and last name provided. OCT-20-2003 06:15:11 I Service/Agency Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra.helpdesk ~(~osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owadsscra.prc_Select 10/20/2003 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 WM SPECIALTY MORTGAGE, LLC Plaintiff, DEBRA L. FARKAS RACHEL L. FARKAS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1316 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) 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 Attomey for Plaintiff WM SPECIALTY MORTGAGE, LLC Plaintiff, DEBRA L. FARKAS RACHEL L. FARKAS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1316 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WM SPECIALTY MORTGAGE, LLC, 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,3360 SPRING ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DEBRA L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 RACHEL L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 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) None 4. Name and address of last recorded holder of every mortgage of record: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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, Naine Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 3360 SPRING ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare 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. October 20, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WM SPECIALTY MORTGAGE, LLC Plaintiff, DEBRA L. FARKAS RACHEL L. FARKAS Defendant(s). TO: DEBRA L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 03-1316 October 20, 2003 RACHEL L. FARKAS 3360 SPRING ROAD CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND 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, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 3360 SPRING ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff's Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $165,613.27 obtained by WM SPECIALTY MORTGAGE, LLC (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. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. l. 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 Sheriffthe 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 Sheriffgives 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 Sheriffwithin 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 ~ot of laud with the im0wvemcnrs thereOn erected, s~r~ate la Middlesex Township, Cumberlaml County. Pennsylvania. bounded and described .as f¢~llows: BEGINNING at g pr~int in rig eeate~ line of State Higlr~ay (PA Roate 34) A~h~ch point is al~ the ~r li~e of PA R~t~ ~', ~enee e~e~ing ~r ~ ~tor li~ of PA Rou~ 94¢, No~ 29 degrees 2 mMutes 36 ~con&s W~t 162.~ fegt to a ~int where PA Ro~ ~4 ~x~rgeets wJ~ Towl~sllip Road T.708; ~e:m¢ exl~ ~ong thc ~m~r line of T-70g, No~h lg ~ L~ minutes 22 ~¢o~ West 186.00 I~et to a ~im at lfi~ of land ~w or form~ly of Ro~a L. Gutshalll ~¢nce along the Inner, of ~y Di~; ~e along tile [~cr, S~ 56 ~g~ ~ mina.s 37 s~ F~st 160.62 f~ to a point M ~ ¢¢mer linc of PA Ro~ 34; ~¢nce exl~d~g ~o~g ~e c~er line of PA ~ou~ 34 by a cu~'e to the right w~ a r~ius Of 637.17 f~, ~ ~c l~g~ of 463.30 ~ lo a ~Mt; tKenc¢ s~{1 ~ong ~ s~e, S~ 63 ~g~s 25 ~u~ 08 sec~c~a We~ 358.83 f~et to a ~int, t~a pla~e of hegiani~. BEING Lot No. I on tile SnlrdlivL,~ion Plan of a 41.712 acre tract of land for Robert SmasfieId, plall is rev..ordeR in the Office of the Recorder of D~'ds for Cumber[axKl County' in Plan [look 33, Page 42. T~.E TO SAID PRI:MISF~ IS VF:~gTED IN Dc:bra L. Farka~ and ~hei L. Farkas, mo~ a~ daught~, a~ jolt t~ wi~ thc ~gM of su~iv~ by D~ f~m W~r B~ ~, by his A~ney-in-fa~, Ru~ E. Kilt, ~d ~th E. Kiser, ~s~ and wife ~ted 1t10~30 aM r~M~ l/11120~ M D~o3 ~k ~14, Pag~ 787. Tax Parcel//05-0429-014A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1316 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE, LLC Plaintiff (s) From DEBRA L. AND RACHEL L. FARKAS, 3360 SPRING ROAD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named ganfishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $158,203.77 L.L.50 Interest INTEREST - 3/25/03 - 10/13/03 TO 10/14/03 = $7,409.50 AND INTEREST FROM 10/14/03 TO MARCH 3, 2004 (PER DIUM - $27.22) = $3,865.34 Atty's Comm % Due Prothy $1.00 Atty Paid $129.45 Other Costs Plaintiff Paid Date: 10/23/03 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE CURTIS R. LONG Prothonotary Deputy Address: ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD, SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: WASHINGTON MUTUAL BANK, F.A., S/UI TO BANK UNITED Telephone: (215) 563-7000 Supreme Court ID No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WM SPECIALTY MORTGAGE, LLC VS. DEBRA L. FARKAS RACHEL L. FARKAS CIVIL ACTION CIVIL DIVISION NO. 03-1316 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for WM SPECIALTY MORTGAGE~ LLC hereby verify that on October 21~ 2003 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: January 26, 2004 FRANK FEDE~OI~.N,'ESQUIRE Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF WM Specialty Mortgage, LLC vs. Debra L. Farkas Rachel L. Farkas : CUMBERLJLND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1316 PP~tECIPE FOR RULR TO SHOW CAUS~ TO THE PROTHONOTARy: Kindly enter a Rule upon Debra L. Farkas Rachel L. Farkas, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. F~ PHELAN, L.L.P. By: Daniel ~. Sc~mieg, ~.squire Attorney for Plaintif~ FEDERM3~/LND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 WM Specialty Mortgage' LLC vs. Debra L. Farkas Rachel L. Farkas ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1316 AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies ti~at a copy of Plaintiff,s Petition for Reassessment of Damages have been sent to the individuals indicated below on February 6, 200~. Debra L. Farkas Rachel L. Farkas 3360 Spring Road, Carlisle, PA 17013 DATE: February 6, 2004 By: a iel ~. Scq~g, Esqulre~ Attorney for P~f FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 1215) 563-7000 WM Specialty Mortgage, LLC vs. Debra L. Farkas Rachel L. Farkas ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1316 ~LAINTIFF'S PETITION FOR ~NR~NT OF DAMAGE;~ Plaintiff, by its Attorney, to direct the Prothonotary to reassess the damages in this matter, support thereof avers the following: 1. Complaint in Mortgage Foreclosure was filed on March 26, 2003. Judgment was entered against Defendant(s) on October 22, 165,613.27. Daniel G. Schmie], Esquire, moves the Court and in 2004. 2003 in the amount of 3. The mortgaged premises are listed for Sheriff's Sale on March 3, 4. Additional sums have been incurred or expended on Defendant(s), behalf since the Complaint was filed and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount Agust 1, 2002 through March 3, Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 2004 146,008.47 20,769.55 1,129.60 2,300.00 1,803.00 0.00 20.00 0.00 0.00 5,059.89 $177,090.51 Office of the Recorder of Deeds in Book entitled to judgment in the amount as against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court Order to the Prothonotary to reassess the damages as set forth above. Under the terms of the mortgage, which mortgage is recorded in the (#1756), Page (#4432}, Plaintiff is set forth in paragraph four herein issue an FEDERMAN AND.~HF~LAN, L. L~.P. Daniel G. Schmi~, Esquire Attorney for Pla'~a~iff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF WM Specialty Mortgage, LLC : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Debra L. Farkas : CIVIL DIVISION Rachel L. Farkas : NO. 03-1316 BRIEF OF LAW IN SUPPORT 0~ PLAINTIFF'S MOTION TO REASSESS DA~a~m~ I. BACKGROUND OF CASE Plaintiff and Defendant(s} entered into a Promissory Note and Mortgage Agreement, wherein Defendant(s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff,s Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ~tRGUMENT FOR REASSES.~_.MT OF na~_~GE~ The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation...,, In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa. Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqage Corporation of the Southwest v. Good~ 537 A.2d 22, 24 (Pa. Super 1988). In Chase Home Mortqaqe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement...,, Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff damages, and submits that if Plaintiff went to sale without reassessing if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee,s lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, NO. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. FEDERMAN ~,~PHELAN~. L. p. aniel G. Schmi~, Esquire Attorney for Plain--~.~ · .]'OS_--?f[ ,.3E~E--w,5,.,n~ e, nd ~s~l~lo~'~ Pet,s!an f~r ~e~onside~!an ~c ~:c T'~c cf her~y'ORp~D ~nd DE~D ~'fo!l~:~ - z] ~~.c ...... . ~ . . . _ ' ~r~gage..pa~nts upod the f~-tin9 of .Defendant' bank~ut(~ P t~ion and In fact did so, it is necessar~ :o reass(~s~ ju4~at by default was* enteced ~n ~is action.. Because ~fea~a~ have ~ot refuted ~%e specific am,:qn~ ctaim~d VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his 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 unsworn falsification to authorities. DATE: February 6, 2004 FEDERMAN AND PHELANm_,L. L. P. Daniel G. Schmieg, Attorney for Plaintiff FEDEPdV~kN~qD PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 !215) 563-7000 WM Specialty Mortgage, LLC : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION Debra L. Farkas Rachel L. Farkas : NO. 03-1316 RULR AND NOW, this /~' day of f~6~ , 2003, a Rule is entered upon Debra L. Farkas Rachel L. Farkas, Defendant (s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE this --- ~OO3. BY THE COURT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND )~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which WM Specialty Mte LLC is the grantee the same having been sold to said grantee on the 3rd day of March A.D., 2004, under and by virtue of a writ Execution issued on the 23rd day of October, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 1316, at the suit of WM Specialty Mtg LLC against Debra L Farkas & Rachel L is duly recorded in Sheriff's Deed Book No. 262, Page 754. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c~,.~ ~) day of ~ , A.D2004 ~x ~~ecorder of Deeds WM Specialty Mortgage, LLC VS Debra L. Farkas and Rachel L. Farkas In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1316 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Debra L. Farkas, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale and Description according to law. Perry County Return: Served the defendant, Debra L. Farkas on January 19, 2004 at 1:50 o'clock P.M., by making known unto Debra L. Farkas at The Perry County Sheriff's Office, New Bloomfield, PA. So Answers: Carl E. Nace, Sheriff of Perry County, PA. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Rachel L. Farkas, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale and Description according to law. Dauphin County Return: Served the defendant, Rachel L. Farkas on December 29, 2003 at 11:05 o'clock A.M., by making known unto Edward Kautz, adult room mate of defendant, at 2607 Reel Street, Harrisburg, PA 17110. So Answers: J.R. Lotwick, Sheriff of Dauphin County, PA. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2004 at 8:44 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Debra L. Farkas and Rachel L. Farkas located at 3360 Spring Road, Carlisle, Peimsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Debra L. Farkas, by regular mail to her last known address of 118 Valley Street, Marysville, PA 17068. This letter was mailed under the date of January 22, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Rachel L. Farkas, by regular mail to her last known address of 2607 Reel Street, Harrisburg, PA 17110. This letter was mailed under the date of January 12, 2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 3, 2004 at 10:00 o'clock A.M. He sold the same for the sum orS1.00 to Attorney Frank Federman for WM Specialty Mortgage, LLC without recourse. It being the highest bid and best price received for the same, WM Specialty Mortgage, LLC without recourse of 505 South Main Street, Orange, CA 92868, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $954.94, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 18.72 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 15.00 Surcharge 30.00 Out of County 18.00 Dauphin County 29.25 Perry County 63.20 Law Journal 297.95 Patriot News 280.60 Share of Bills 29.32 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 954.94 Sworn and subscribed to before me So Aa~swers: This ,2~,~ day of ']'YC~ ~,..2 7,~~~~''~ ~ R. Thomas Kline, Sheriff 2004, A.D. ~-"'~ff'CPgothonotary ~) ~ d~? BY J~5/.~'i?'~ Real Estate,,I/)eputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Sworn to and subscribed before me this 23rd day of February 2004 A.D. NOTARY PUBLIC My commission expires Juno 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 280.60 Publisher's Receipt for Advertising Cost Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ledge receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (UnderAct 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 Journal, 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 primed notice or publication attached hereto is exactly the same as was primed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 16, 23, 30, 2004 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 ESTATE 8ALE NO. 19 Writ No. 2003-1316 Civil ~ Specialty Mortgage, LLC VS. Debra L. Farkas & Rachel L. Farkas Atty.: Frank Federman ALL THAT CERTAIN lot of land with the improvements thereon erected, situate in Middlesex Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows: BEGINNING at a point in the cen- ter line of State Highway {PA Route 34) which point is also the center line of PA Route 944; thence extend- in4~ near the center line of PA Route 944, North 29 degrees 2 minutes 36 seconds West 162.04 feet to a point where PA Route 944 intersects with Township l~oad T 708; thence extending alot]g the center line of S WORN~O AMNan~ ~Cu°BY~ec'R~E°~ b e fore me this 30 day of JANUARY 2004 I~¥~L SEAL ~Y LOIS E, SNYBER, Notary Public Ca~tisle Bo~o, Cumberland County My Commission Expires March 5, 2005 with the improvements thereon erected, situate in Middlesex Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows: BEGINNING at a point in the cen ter line of State Highway (PA Route 34} which point is also the center linc of PA Route 944; thence extend- lng near the center line of PA Route 944, North 29 degrees 2 minutes 36 seconds West 162.04 feet to a point where PA Route 944 intersects with Township Road T-708; thence extending along the center line of T-708. North 18 degrees 06 rain utes 22 seconds West 186.00 feet · to a point at line of land now or for- merly of Robert L. Gutshall; thence along the latter, North 67 degrees 16 minutes 38 seconds East 682.60 feet to a point at line of lands now or formerly of Ray Dick; thence along the latter. South 56 degrees z~ minutes 37 seconds East 160.62 feet to a point in the center line of PA Route 34; thence ex~ending along the center line of PA Route 34 by a curve to the right with a radius of 637.17 feet, art arc length of 463.30 feet to a point; thence still along the same, South 63 degrees 25 minutes 08 seconds West 358.83 feet to a point, the place of beginning. BEING Lot No. 1 on the Subdivi sion Plan of a 41.712 acre tract of land for Robert Stansfleld, which plan is recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 33, Page 42. TITLE TO SAID PREMISES IS VESTED IN Debra L. Farlms and Ra- chel L. Farkas, mother and daugh- ter, as joint tenants with the right of survivorship by Deed from Walter B. Kiser, by his Attorney-In-fact, Ruth E. Kiser, m~d Ruth E. Kiser, husband and wife dated 1/10/ 2000 and recorded 1/11/2000 in Deed Book 214, Page 787. Tax Parcel #05-0429-014A. LOIS E. SNYDER, Nota~/Public Carlisle B~o, Cu~nbe~tand County My Co~mission E~pires March 5, 2~0