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HomeMy WebLinkAbout07-1529PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 147898 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD CIVIL DIVISION MOUNT LAUREL, NJ 08054 TERM Plaintiff V. NO. O-*j - ??? l l:6 v rv? X12.. CUMBERLAND COUNTY THOMAS SCOTT PEDERSEN A/K/A THOMAS SCOTT PEDERSON DONNA K. PEDERSEN A/K/A DONNA K. PEDERSON A/K/A DONNA K. WALTZ 3109 NORTH FRONT STREET HARRISBURG, PA 17110 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 147898 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 147898 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 File #: 147898 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 147898 1 • Plaintiff is PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: THOMAS SCOTT PEDERSEN A/K/A THOMAS SCOTT PEDERSON DONNA K. PEDERSEN A/K/A DONNA K. PEDERSON A/K/A DONNA K. WALTZ 3109 NORTH FRONT STREET HARRISBURG, PA 17110 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/08/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to HOMEFIRST LENDING, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1884, Page: 1745. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2006 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. File #: 147898 6. The following amounts are due on the mortgage: Principal Balance Interest $149,150.95 08/01/2006 through 03/20/2007 $6,247.76 (Per Diem $26.93) Attorney's Fees Cumulative Late Charges $ 250.00 10/08/2004 to 03/20/2007 $ $280.44 Cost of Suit and Title Search Subtotal 550.00 $157,479.15 Escrow Credit Deficit $0.00 Subtotal $4,061.45 IM 61.45 TOTAL $161,540.60 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth abo be less than the amount demanded based on work act ll ve may ua y performed. The attorney's fees requested are in conformity with the mortgage and Penns ylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in ersonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 147898 9. 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. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 11. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $161,540.60, together with interest from 03/20/2007 at the rate of $26.93 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. PHELAN HALLINAN & SCHMI , LLP By. /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 147898 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in the Third Ward of the Borough of Carlisle County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern building line of South College Street, said point being the Northwest corner of lot now or formerly of Grace W. Kramer; thence in an easterly direction along the line of the Lot now or formerly of Grace W. Kramer a distance of One Hundred Five (105) feet, more or less, to the line of property now or formerly of J. Irwin White, deceased; thence in a northerly direction along the line of the Last mentioned lot a distance of Thirty-seven (37) feet three (3) inches, more of less, to the South line of said lot now or formerly of Homer D. Romnerger a distance of One Hundred Five (105) feet, more or less, to the eastern building line of South College Street; thence in a Southerly direction along the said line of South College Street, Thirty-seven (37) feet three (3) inches, more or less, to the place of BEGINNING. Parcel # 04-21-0320-304 PROPERTY BEING: 147 SOUTH COLLEGE STREET File #: 147898 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoin Civil g Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his 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 unworn falsification to authorities. 4 FRANCIS S. HALLMAN, ESQUIRE Attorney for Plaintiff DATE: _ "v '? C o PA A 7-7, may;: Ham (l J : E 1 C Fn v/ ?\ N ? 3 (ft N c p? Ul -i '? r .rt PHH MORTGAGE CORPORATION, Plaintiff VS. THOMAS SCOTT PEDERSEN a/k/a THOMAS SCOTT PEDERSON and DONNA K. PEDERSEN a/k/a DONNA K. PEDERSON a/k/a DONNA K. WALTZ, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 2007 - 1529 CIVIL TERM CIVIL ACTION - LAW PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT IN FORECLOSURE To: PHH Mortgage Corporation c/o Lawrence T. Phelan, Esquire Phelan, Hallinan & Schmieg LLP Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Notice to Plead 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. 1. On March 21, 2007 a complaint in mortgage foreclosure was filed by the Plaintiff. 2. The complaint's verification is executed by counsel for the plaintiff and not an employee or officer of the corporate plaintiff. 3. Pennsylvania Rule of Civil Procedure 1024 requires that any pleading containing an averment of fact must be verified by a party. 4. The only exception to this requirement is if the party is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for filing the pleading. See Pa. R.C.P. 1024 (c). { • -6 5. As a general rule a "party's pleading may not be verified by that party's attorney." See Signora v. Kaplan, 33 Pa. D.&C. 4th 219 at 222 (1996) citing 4 Standard Pa. Practice 2d, Chapter 21 §21:29 and Monroe Contract Corporation v. Harrison Square, Inc., 266 Pa. Super. 549, 405 A.2d 954 (1979). 6. In the present case, there is no legitimate reason why counsel for the Plaintiff is verifying the complaint when there is no deadline for filing an initial complaint in foreclosure. Simply verifying the complaint as a matter of convenience is not proper under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff's complaint fails to conform to Pa. R.C.P. 1024 (a) and must be stricken or the Plaintiff must file an Amended Complaint with a proper verification. Respectfully submitted, BY: uire Nowell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant Thomas Scott Pedersen CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing documents was served by postage prepaid, first class United States Mail on all interested parties or counsel of record at the addresses set forth below. Lawrence T. Phelan, Esquire Phelan, Hallinan & Schmieg LLP Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 BY: Date: April 25, 2007 d J tx': M t; - -n : Fn -< 2 t 4 m t7 tv S PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 147898 PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. THOMAS SCOTT PEDERSEN A/K/A THOMAS SCOTT PEDERSON DONNA K. PEDERSEN A/K/A DONNA K. PEDERSON A/K/A DONNA K. WALTZ 3109 NORTH FRONT STREET HARRISBURG, PA 17110 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 2007 CV 1529 MF CUMBERLAND COUNTY CIVIL ACTION - LAW AMENDED COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are File #: 147898 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 File #: 147898 AVISO Le han demandado a usted en la corte. Si usted desea defenderse de las demandas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias al partir de la fecha de la demanda y el aviso y debe asentar una comparencia escrita, en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeci6nes a las demandas en su contra. Sea avisado que si usted no se defiende, el caso puede proceder sin usted y se puede registrar una sentencia contra usted por la corte sin otro aviso para cualquier dinero reclamado en esta demanda u otros reclamos o compensaci6n solicitado por el demandante. Usted puede perder dinero o sus propiedades u otros derechos importante para ti. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO CUANTO ANTES. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO A LA OFICINA QUE ESTA SIGUIENTE. ESTA OFICINA PUEDE PROVEERLE INFORMACION SOBRE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ESTA OFICINA PODRIA PROVEERLE INFORMACION SOBRE AGENCIAS QUE OFRECEN SERVICIOS LEGALES GRATIS O BAJO COSTO PARA PERSONAS ELEGIBLE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 File #: 147898 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 File #: 147898 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT-IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 147898 1. Plaintiff is PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: THOMAS SCOTT PEDERSEN A/K/A THOMAS SCOTT PEDERSON DONNA K. PEDERSEN A/K/A DONNA K. PEDERSON A/K/A DONNA K. WALTZ 3109 NORTH FRONT STREET HARRISBURG, PA 17110 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described 3. On 10/08/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to HOMEFIRST LENDING, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1884, Page: 1745. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. 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 09/01/2006 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. File #: 147898 6 The following amounts are due on the mortgage: Principal Balance $149,150.95 Interest $6,247.76 08/01/2006 through 03/20/2007 (Per Diem $26.93) Attorney's Fees $1,250.00 Cumulative Late Charges $280.44 10/08/2004 to 03/20/2007 Cost of Suit and Title Search 550.00 Subtotal $157,479.15 Escrow Credit $0.00 Deficit $4,061.45 Subtotal $4,061.45 TOTAL $161,540.60 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 147898 7. 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. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $161,540.60, together with interest from 03/20/2007 at the rate of $26.93 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. PHELAN HALLINAN & SCHMIEG, LLP .,4-" J. By: 4 LAWRENCE T. PH LAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in the Third Ward of the Borough of Carlisle County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern building line of South College Street, said point being the Northwest corner of lot now or formerly of Grace W. Kramer; thence in an easterly direction along the line of the Lot now or formerly of Grace W. Kramer a distance of One Hundred Five (105) feet, more or less, to the line of property now or formerly of J. Irwin White, deceased; thence in a northerly direction along the line of the Last mentioned lot a distance of Thirty-seven (37) feet three (3) inches, more of less, to the South line of said lot now or formerly of Homer D. Romnerger a distance of One Hundred Five (105) feet, more or less, to the eastern building line of South College Street; thence in a Southerly direction along the said line of South College Street, Thirty-seven (37) feet three (3) inches, more or less, to the place of BEGINNING. Parcel # 04-21-0320-304 PROPERTY BEING: 147 SOUTH COLLEGE STREET File #: 147898 VERIFICATION Marc J. Hinkle hereby states that she/he is for Plaintiff, PHH Mortgage Corporation, Plaintiff in this matter, that she/he is authorized to take this Verification, and that the statements made in the Plaintiff's Amended Complaint are true and correct to the best of her/his 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. Marc J. Hinkle Date: , !4 Lo Pederson, Thomas and Donna Loan No. 147898 h? y ?` --? P =;: i :; r 'T7 ?a^:i _, -- ?? `} ` i (`J :?.4 ". `" ?; 1 -_ t ' ?- .? ; =t il. - r.. _z7 _. w=_ -C SHERIFF'S RETURN - REGULAR CASE NO: 2007-01529 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PEDERSEN THOMAS SCOTT 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 PEDERSON DONNA K AKA DONNA K WALTZ the DEFENDANT , at 1913:00 HOURS, on the 27th day of March , 2007 at 9 TODD ROAD CARLISLE, PA 17013 DONNA PEDERSEN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ,j 1041 v , 16.00 Sworn and Subscibed to before me this of So Answers: erl R. Thomas Kline 03/30/2007 PHELAN HALLINAN SCHMIEG By: //? / day D ut Sh ri A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01529 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PEDERSEN THOMAS SCOTT ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PEDERSEN THOMAS SCOTT AKA THOMAS SCOTT PEDERSON but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT THOMAS SCOTT PEDERSON , 9 TODD ROAD CARLISLE, PA 17013 , NOT FOUND , as to PEDERSEN THOMAS SCOTT AKA DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 18.00 Service 4.80 Not Found 5.00 Surcharge 10.00 .00 L,)In141o1 37.80 So answers: R. Thomas K ine Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 03/30/2007 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01529 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PEDERSEN THOMAS SCOTT ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PEDERSEN THOMAS SCOTT AKA THOMAS SCOTT PEDERSON but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT THOMAS SCOTT PEDERSON 147 SOUTH COLLEGE STREET CARLISLE, PA 17013 NOT FOUND , as to PEDERSEN THOMAS SCOTT AKA DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. THERE ARE TENANTS LIVING THERE. Sheriff's Costs: Docketing 6.00 Service 4.80 Not Found 5.00 Surcharge 10.00 00 80 So answer . .,.. r r. R. Th mas line Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 03/30/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01529 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PEDERSEN THOMAS SCOTT ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PEDERSON DONNA K AKA DONNA K WALTZ but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT WALTZ 147 SOUTH COLLEGE STREET NOT FOUND , as to PEDERSON DONNA K AKA DONNA K CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. THERE ARE TENANTS LIVING THERE. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 tl?ou?07 C?,, ? 21.00 So answe R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 03/30/2007 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01529 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PEDERSEN THOMAS SCOTT ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: PEDERSEN THOMAS SCOTT AKA THOMAS SCOTT PEDERSON but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On March 30th , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answ Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 41.25 Sheriff of Cumberland County Postage 1.83 68. 08 +r + g101 03/30/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01529 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PEDERSEN THOMAS SCOTT ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: PEDERSEN DONNA K AKA DONNA WALTZ but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On March 30th , 2007 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers- - --> Docketing 6.00 Out of County .00 / Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16. 0 0 v" yrb1l,b? 03/30/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of , A. D. In The Court of Common Pleas of Cumberland County, Peniisylvanila PHH Mortgage Corporation VS. Thomas Scott Pedersen et al 07-1529 civil SERVE: Thomas Scott Pedersen No. a/k/a Thomas Scott Pederson Now, March 22,z 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, Affidavit of.Servi.ee 20 , at o'clock M. served the within upon at by handing to a and made known to So answers, Sheriff of copy of the original Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE _ AFFIDAVIT the contents thereof. County, PA Office of '4je "ShErif{ Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania PHH MORTGAGE CORPORATION vs County of Dauphin • PEDERSEN' DONNA K Sheriff's Return No. 0472-T - - -2007 OTHER COUNTY NO. 07 1529 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:March 28, 2007 at 10:30AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon PEDERSEN THOMAS SCOTT by personally handing AKA THOMAS SCOTT PEDERSON to CHRISTINE YINST HUM. RESOURCES 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 3109 NORTH FRONT STREET HARRISBURG, PA 17110-0000 Sworn and subscribed to before me this 28TH day of MARCH, 2007 1104- A--- NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 So Answers, ? k e,;? Sheriff of Dauphin County, Pa. Deputy Sheriff Sheriff's Costs:$41.25 PAID BY COUNTY EMBREY In The Court of Common Pleas of Cumberland County, Pennsylvania PHH Mortgage Corporation VS. Thomas Scott Pedersen et al 07-1529 civil SERVE: Donna K. Pedersen No. a/k/a Donna K. Waltz Now, March 22 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, .120 , at o'clock M. served the within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania PHH MORTGAGE CORPORATION vs County of Dauphin PEDERSEN DONNA K Sheriff's Return No. 0472-T - - -2007 OTHER COUNTY NO. 07 1529 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for PEDERSEN DONNA K AKA DONNA K WALTZ the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, March 28, 2007 DEF. WIFE DOESN'T RESIDE HERE, PLACE OF BUSINESS Sworn and subscribed to before me this 28TH day of MARCH, 2007 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2010 Office Of "t-c oa'4Priff So Answers, ? )Q? e,;? Sheriff of Dauphin County, Pa. y a a `? ' ? . By Deputy Sheriff Sheriff's Costs:$41.25 PAID BY COUNTY EMBREY PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 147898 PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. THOMAS SCOTT PEDERSEN A/K/A THOMAS SCOTT PEDERSON DONNA K. PEDERSEN A/K/A DONNA K. PEDERSON A/K/A DONNA K. WALTZ 3109 NORTH FRONT STREET HARRISBURG, PA 17110 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D "1 - `9.2 G CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE vve nerepy dveruly the ^q'within to !?' true an(. ?of the TP;?iti?ly,=„s ,l tidy h correct "d the s,.-al r" ?`a. ??s4e, pa original filed of record -- day. a r File #: 147898 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 147898 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 File #: 147898 I 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 147898 1. Plaintiff is PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, N3 08054 2. The name(s) and last known address(es) of the Defendant(s) are: THOMAS SCOTT PEDERSEN A/K/A THOMAS SCOTT PEDERSON DONNA K. PEDERSEN A/K/A DONNA K. PEDERSON A/K/A DONNA K. WALTZ 3109 NORTH FRONT STREET HARRISBURG, PA 17110 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/08/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to HOMEFIRST LENDING, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1884, Page: 1745. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2006 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. File #: 147998 6. The following amounts are due on the mortgage: Principal Balance $149,150.95 Interest $6,247.76 08/01/2006 through 03/20/2007 (Per Diem $26.93) Attorney's Fees $1,250.00 Cumulative Late Charges $280.44 10/08/2004 to 03/20/2007 Cost of Suit and Title Search 550.00 Subtotal $157,479.15 Escrow Credit $0.00 Deficit $4,061.45 Subtotal $4,061.45 TOTAL $161,540.60 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 147898 9. 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. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 11. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $161,540.60, together with interest from 03/20/2007 at the rate of $26.93 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. PHELAN HALLINAN & SCHMI , LLP ?/,? By: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 147898 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in the Third Ward of the Borough of Carlisle County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern building line of South College Street, said point being the Northwest corner of lot now or formerly of Grace W. Kramer; thence in an easterly direction along the line of the Lot now or formerly of Grace W. Kramer a distance of One Hundred Five (105) feet, more or less, to the line of property now or formerly of J. Irwin White, deceased; thence in a northerly direction along the line of the Last mentioned lot a distance of Thirty-seven (37) feet three (3) inches, more of less, to the South line of said lot now or formerly of Homer D. Romnerger a distance of One Hundred Five (105) feet, more or less, to the eastern building line of South College Street; thence in a Southerly direction along the said line of South College Street, Thirty-seven (37) feet three (3) inches, more or less, to the place of BEGINNING. Parcel # 04-21-0320-304 PROPERTY BEING: 147 SOUTH COLLEGE STREET File #: 147898 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his 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 unworn falsification to authorities. Z' 04 FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ('?-; Lcy c ) ,,, ?. ? ?"' {? ;r ,?, ??, ?? `? ,.^, ZZ L ,?, ,? t PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE IDENTIFICATION NO.: 91656 107 NORTH FRONT STREET, SUITE 115 HARRISBURG, PA 17101 (215) 563-7000 (717) 234-1549 j o seph. schalkkfedphe. com PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, N.J. 08054 Plaintiff V. THOMAS SCOTT PEDERSEN A/K/A THOMAS SCOTT PEDERSON DONNA K. PEDERSEN A/K/A DONNA K. PEDERSON A/K/A DONNA K. WALTZ 3109 NORTH FRONT STREET HARRISBURG, PA 17110 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO.: 2007 CV 1529 MF CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Plaintiff's Amended Civil Action Complaint was served by regular and certified mail on Defendant's counsel on the date listed below: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 Donna K. Pedersen 9 Todd Road Carlisle, PA 17013 DATE: v 11 d. Di ), ?A Sv-;zkL- Josep P. S balk, Esqu e Atto y for Plaintiff t'? C:z n, PHH MORTGAGE CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA VS. THOMAS SCOTT PEDERSEN a/k/a THOMAS SCOTT PEDERSON and DONNA K. PEDERSEN a/k/a DONNA K. PEDERSON a/k/a DONNA K. WALTZ, Defendants NO. 2007 - 1529 CIVIL TERM CIVIL ACTION - LAW ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT IN FORECLOSURE To: PHH Mortgage Corporation c/o Lawrence T. Phelan, Esquire Phelan, Hallinan & Schmieg LLP Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Notice to Plead YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. 1. ADMITTED. 2. ADMITTED that Defendant Thomas Scott Pedersen resides at 3109 North Front Street, Harrisburg, Pennsylvania 17110. It is further ADMITTED that Defendant Donna K. Pedersen resides at 9 Todd Road, Carlisle, PA 17013. 3. ADMITTED. 4. ADMITTED. 5. DENIED AS STATED. Defendant Thomas Scott Pedersen and his wife, Donna K. Pedersen have separated and are in the midst of a divorce action in Cumberland County. Defendant Thomas Scott Pedersen is without first hand r AV knowledge as to then the last mortgage payment was made or the exact nature of the default. Strict proof is demanded at time of trial. 6. DENIED AS STATED. Defendant Thomas Scott Pedersen and his wife, Donna K. Pedersen have separated and are in the midst of a divorce action in Cumberland County. Defendant Thomas Scott Pedersen is without first hand knowledge as to then the last mortgage payment was made or the exact nature of the default or the exact amounts of the escrow credit or deficit or the costs of the suit, title search and attorney's fees. Strict proof is demanded at time of trial. 7. DENIED AS STATED. If legal fees are to be awarded to Plaintiff as "permitted by law" then 42 Pa. C.S.A. §2503 would appear to be the only applicable statute. A claim for attorney fees pursuant to 42 Pa. C.S.A. §2503 may not be asserted by complaint but must be brought by petition following the conclusion of the underlying action. Seghetti v. Heritage Resorts of Gettysburg, 19 Pa. D. & C. 4t" 218 (1993). The general rule is that parties to litigation are responsible for their own counsel fees unless otherwise provided by statutory authority, agreement of the parties or some other recognized exception. Cher-Rob, Inc. v Art Monument Co. 406 Pa. Super. 330, 594 A.2d 362, 363 (1991), Chatham Communications, Inc. v. General Press Corporation, 463 Pa. 292, 300-301, 344 A.2d 837, 842 (1975), and Shapiro v. Magaziner, 418 Pa. 278, 280, 210 A.2d 890, 892 (1965). 8. DENIED AS STATED. Paragraph 8 is a conclusion of law to which no response is required. If a response were required, it is specifically DENIED that the Plaintiff may recover an in personam judgment and strict proof is demanded at time of trial. 9. DENIED. Defendant Thomas Scott Pedersen did not receive any Notice of Intention to Foreclose as set forth in Act 6 of 1974. 10. ADMITTED. 11. ADMITTED that as of today the mortgaged premises is not the principal residence of Defendant Thomas Scott Pedersen. WHEREFORE, Defendant opposes an in rem judgment in the amount of $161,540.60 and demands strict proof of the exact amount owed at time of trial. NEW MATTER 12. It is believed that Defendant Donna K. Pedersen claims to have paid monthly payments to Plaintiff since September 1, 2006 and no credit appears for such alleged payments. 13. If legal fees are to be awarded to Plaintiff as "permitted by law" then 42 Pa. C.S.A. §2503 would appear to be the only applicable statute. A claim for attorney fees pursuant to 42 Pa. C.S.A. §2503 may not be asserted by complaint but must be brought by petition following the conclusion of the underlying action. Seghetti v Heritage Resorts of Gettysburg, 19 Pa. D. & C. 4" 218 (1993). WHEREFORE, Defendant Thomas Scott Pedersen opposes entry of any judgment prior to an accounting for all payments, credits and deficits since September 1, 2006. Respectfully submitted, BY: Ste n HoweII, EsQuirle owell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant Thomas Scott Pedersen CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing documents was served by postage prepaid, first class United States Mail on all interested parties or counsel of record at the addresses set forth below. Lawrence T. Phelan, Esquire Phelan, Hallinan & Schmieg LLP Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 BY: Date: June 28, 2007 JW VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 unsworn falsification to authorities. BY: Thomas Scott Pedersen Date: O C -j t.__ r-- _ F F f co Q'i -< PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 107 North Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 (717) 234-1549 Fax No. _josMh.schalk@fedphe.com PHH Mortgage Corporation 3000 Leadenhall Road or 4001 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff VS. Thomas Scott Pedersen a/k/a Thomas Scott Pederson Donna K. Pedersen a!k/a Donna K. Pederson alk/a Donna K. Waltz 3109 North Front Street Harrisburg, PA 17110 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION No. 2007 CV 1529 MF PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff incorporates herein by reference the averments of Paragraphs one (1) through eleven (11) of its Complaint as if set forth herein at length. 12. Denied. It is specifically denied that divorce or separation of the mortgagors is a defense to the foreclosure complaint. By way of further answer, Plaintiff is not party to any divorce decree and separation agreement, and is therefore, has the right to expect payment regardless of any agreement. Finally, the mortgage account remains contractually due and owing for September 1, 2006. Strict proof to the contrary is demanded. 13. Denied as a conclusion of law to which no response is necessary. To the extent that a response is required, pursuant to Paragraph twenty-two (22) of the Mortgage, Plaintiff is entitled to recover attorneys fees and costs associated with any Foreclosure action upon Defendant's default under the terms of said Mortgage. A copy of the Mortgage is attached hereto and marked as Exhibit "A". WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: July 26, 2007 BY: ? 1? ? oi? sep P. S h lk, Esquire omey for Plaintiff EXHIBIT «A99 ff 1 ? r ,U1 v 7 X05 This Intro t R tv `A r rROBERT P. ZIEGLER RUORDER OF DEEDS CU'i: C-RLAk1D COUTATY-PA 74411 OCT 14 AM 10 14 p2929 y75`d After Recording Return To: HOMEFIRST LENDING LLC 14 GREENFIELD 0Uh LANCASTER, PENNSYLVANIA 17602 Loan Numbers 0029294758 Uniform Parcel Identifier Number: 0 4 210 3 2 0 3 0 4 [Space Above This Line For Recording Datal MORTGAGE DEFINITIONS , ?a=Aj Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated OCTOBER 8, 2004 , together with all Riders to this document. (B) "Borrower" is THOMAS S. PEDERSON AND DONNA K. PEDERSON HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "Lender"is HOMEFIRST LENDING, LLC Lender is a PENNSYLVANIA LIMITED PARTNERSHIP organized and existing under the laws of PENNSYLVANIA Lender's address is 14 GREENFIELD ROAD, LANCASTER, PENNSYLVANIA 17602 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated OCTOBER 8, 2 0 04 The Note states that Borrower owes LenderONE HUNDRED SIXTY-ONE THOUSAND AND 00/100 Dollars (U. S. $ 161, 000 - 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER 1, 2019 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. PENNSYLVANIA-Single Family-Fannie Maa/Freddie Mac UNIFORM INSTRUMENT UocMag/c e0o-a49-1362 Form 3039 1/01 Pagel of 16 www.doomagio.com -814 18 8 4 PG _i 745 Y ? 1 j (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable] : ? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ? Other(s) [specify] ® 1-4 Family Rider ? Biweekly Payment Rider (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (I) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (it) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (M "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RLSPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (it) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY of CUMBERLAND [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] PENNSYLVANIA-Single Family--Fannie Mae/Freddie Mae UNIFORM INSTRUMENT DocMaglc 5or}549-1352 Form 3039 1/01 Page 2 of 18 www.doomagic.com Pa3039.m16.Z tam '8K 1 V 8 4 t G 1746 SEE LEML DESCRIPTION ATIAIMM BMEZiD AND MADE A PART HERHOF AS EXHIBIT "A". A.P.N. #: 04210320304 which currently has the address of 147 SOUTH COLLEGE STREET [street) CARLISLE , Pennsylvania 17 013 -2 852 ("Property Address"): Icily) [Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. " BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and1ate Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or parti al payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim PENNSYLVANIA-Single Family--Fannie Mae/Freddie Mae UNIFORM INSTRUMENT DocMaglc*Vkn= wo•649.1367 Form 3039 1/01 Page 3 of 16 www.docmgSF1o.com PaM39=&3.U= K 1 g g 4 PG 1747 which Borrower might have now or in the future against Lender shall relieve Borrower from malting payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. . 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall famish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make suchpayments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. PENNSYLVANIA--Single Family-Fannie Mae/Freddie Mao UNIFORM INSTRUMENT DoaMa91cel7ftUW0 800-649.1362 Form 3039 1/01 Page 4 of 16 www.docmayic.com PM39.m1gAWm Si( E 8 8 4 PG 1748 The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Bscrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RE?SPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items; Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either; (a) a one- time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of PENNSYLVANIA-Single Family--Fannie Mae/Freddie Mao UNIFORM INSTRUMENT DocMagtc 0 900649.1362 Form 3039 1/01 Page b of 16 www.doomagic.com r&M9.aaas-tm BK ! 8 8 4 PG 1749 any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mao UNIFORM INSTRUMENT OoaMagkelt v e00449-1362 Form 3039 1/01 Page 6 of 16 www.doemagic.com PaV39. wg.6.1= MI` 1 8 8 4 1 v1750 r principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it bas reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all'the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mao UNIFORM INSTRUMENT DocMagk aoaeav-rsaz Form 3039 1/01 Page 7 of 16 www.doemagic.com 039.°"8."°° B14 18 8 4 PG 175 1 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, -until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DocRaglc soa649-1362 Form 3039 1/01 Page a of 16 www.doentogle.com PaM9.mt&8.tan BK V V 4 PG 1752 If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any PENNSYLVANIA--Single Family-Fannie Mae/Freddie Mao UNIFORM INSTRUMENT DocMaglc m Boo-e49-7362 Form 3039 1/01 Page 9 of 16 www.docmagio.com P&,V".M18.9A= 814 ! 8 8 4 PG 1753 Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer'): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment, to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's PENNSYLVANIA--Single Famly--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DGCM89fCtV=MW 80&643-1362 Form 3039 1/01 Page 10 of 16 www.doemyio.com Pa3D".mWJO.trm OK 18 8 4 PG 1754 address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sutras secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sate contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which them would be due under this Security Instrument and the Note as if no accelerationhad occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations PENNSYLVANIA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT rl0cMa910 800-649-1362 Form 3039 1/01 Pago 11 of 16 www.doemagic.com ..Ag.l1A= 01(18 8 4 PG 175 5 secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer') that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given writteanotice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective actionprovisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mao UNIFORM INSTRUMENT DocMagk 800-849-1882 Form 3039 1/01 Page 12 of 16 wuvw.docmagio.com POMD.sW&,_.um Bl{ ! 8 8 4 PG 1756 condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things; (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Uponpayment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA--Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT DoclWaglcCUkuma 800.6494362 Form 3039 1101 Page 13 of 16 www.doemagie.com P00".aft.11t= BK I V 8 4 PG1757 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. !l - a o " f (Seal) THOMAS S. PEDERSON -Borrower DONNA K. PEDERSON ?-Borrower -Borrower -Borro viler (Seal) Borrower Witness: Witness: (Seal) -Borrower PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mao UNIFORM INSTRUMENT DocMaglc 80o-c49-1362 Form 3039 1/01 Page 14 of 16 www.dacmagic.com P&M9=19.14.= BIt 1 8 8 4 PG 1758 [Space Below This Line For Acknowledgment] COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF Co rh C 10.^ O- ) On this the F da?yof Wovel-.- i 7 C,01 , before me, the undersigned officer, personally appeared THOMAS S. PEDERSON, DONNA K. PEDERSON known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seals. Signature Notarlal Seel Eric C. Levanpoaa.. NMA pilbllo ryly Susquehanna N. O fm ri Coonl4 my obirrllisstor Fxwrni' 11.0 Mernber, Pennsylvania AssooMn of Nolerrss Title of Officer (Notary's Stamp and Embosser) My commission expires: Notarial Sea[ Eric C Levengood, Notary Public Susquehanna T , Dauphn County My Commisslon Expires-Oct. 11, 2004 Member, Pennsylvania Assoclation of Notaries PENNSYLVANIA--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT D0cAft1CCl)&93 ! 800.649-1362 Form 3039 1101 Page 15 of 16 www.dacmaglc.com f%3039.m1&15.1® Bi( ! 8 8 4 PG 1759 aee Certificate of Residence of Morten The undersigned hereby certifies that: (i) he/she is the Mortgagee or the duly authorized attorney or agent of the Mortgagee named in the within instrument; and (ii) Mortgagee's precise residence is: 14 GREENFIELD ROAD, LANCASTER, PENNSYLVANIA 17602 Witness my hand this I? %A day of ©C`o 64, 2.00 c Si tare of Mortgagee or Mortgagee's Duly Authorized Attorney or Agent km - anl& -,d Type or riot ame of Mortgagee or Mortgagee's Duly Authorized Attorney or Agent PENNSYLVANIA-Single Family--Fannie Mae/Freddie Mao UNIFORM INSTRUMENT DrocKV16 aoae494362 Form 3039 1/01 Page 16 of 16 www.doomaglc.com F60N.mtg.16A= -Si(18 8 4 PG 1760 Loan Number: 0 0 2 9 2 94 7 5 8 Date: OCTOBER 8, 2004 Property Address: 147 SOUTH COLLEGE STREET, CARLISLE, PENNSYLVANIA 17013-2852 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in the Third Ward of the Borough of Carlisle County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as f allows, to wit: BEGINNING at a point on the Eastern building line of South College Street, said point being the Northwest comer of lot now or formerly of Grace W. Kramer; thence In an easterly direction along the line of the Lot now or formerly of Grace W. Kramer a distance of One Hundred Five (105) feet, more or less, to the line of property now or formerly of J. Irwin White, deceased; thence in a northerly direction along the line of the Last mentioned lot a distance of Thirty-seven (37) feet three (3) inches, more of less, to the South line of said lot now or formerly of Homer D. Romnerger a distance of One Hundred Five (105) feet, more or less, to the eastern building line of South College Street; thence in a Southerly direction along the said line of South College Street, Thirty-seven (37) feet three (3) inches, m ore or less, to the place of BEGINNING. Parcel # 04-21-0320-304 ' . • t y this to be recorded 11. ?.: L,.]Llberland County PA Recorder of Deeds, A.P.N. #(: : 04210320304 Docftgk 900.649.7361 www.docmayla, com 091-884PG 1 TE.1 LeWd.nee Loan Number: 0029294758 1-4 FAMILY RIDER (Assignment of Rents) THIS 1-4 FAMILY RIDER is made this 8th day of OCTOBER, 2004 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument') of the same date given by the undersigned (the "Borrower') to secure Borrower's Note to HOMEFIRST LENDING, LLC, A PENNSYLVANIA LIMITED PARTNERSHIP (the "Lender') of the same date and covering the Property described in the Security Instrument and located at: 147 SOUTH COLLEGE STREET, CARLISLE, PENNSYLVANIA 17013-2852 [Property Address] 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tabs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 14 Family Rider and the Security Instrument as the "Property." B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument td be perfected against the Property without Lender's prior written permission. MULTISTATE 1-4 FAMILY RIDER DocMeglael == 800.649-1362 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT www.docmaglo.com Form 3170 1/01 Page i of 3 A. 18 8 4 PG 1762 Us3170A& M= D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until (i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument and (ii) Lender has givennotice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. MULTISTATE 1-4 FAMILY RIDER DocU9gkdVkvm= aoo-ens-y= Fannie Mae/Freddie Mae UNIFORM INSTRUMENT www.doemag/e.cam Form 3170 1101 Page 2 of 3 U0170.6&2 t- UK, I V U 4 PG 1763 Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 1-4 Family Rider. ) (Seal) THOMAS S. PEDERSON -Borrower DONNA K. PEDERSON -Borrower (Seal) -Borrower (Seal) Borrower (Seal) -Borrower -Borrower MULTISTATE 1-4 FAMILY RIDER DdCMagfc 800,6494362 Fannie Mae/Freddie Mao UNIFORM INSTRUMENT www.docmagic.com Form 3170 1/01 Page 3 of 3 W170.rAlt= 6K 'I 8 8 4 PG 176.4 IV A 21 J 01"WI t CN A.dj+'. ,. cc?? 3 e??J 7s tT =y' ?a:. u.ar AGENT NUMBER OiT Form 2633 ss 7 1P as ra t,s aeU H IJ ssL ?c>) 3 ?. 6 ea ?<k1b17'.; ;r. •. Y?•.•, il.?til.l r. 1??-? '? a7 (J?f (?a?) ss II1 ' ? r VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. Date: July 26, 2007 BY: JZJo h P . omey for Plaintiff 107 North Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 PHELAN HALLINAN & SCHMIEG, LLP ?3JJE Schak, Esquire efor Plaintiff f 0 PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 107 North Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 (717) 234-1549 Fax No. josoh.schalk@fedphe.com PHH Mortgage Corporation 3000 Leadenhall Road or 4001 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff VS. Thomas Scott Pedersen a/k/a Thomas Scott Pederson Donna K. Pedersen a/k/a Donna K. Pederson a/k/a Donna K. Waltz 3109 North Front Street Harrisburg, PA 17110 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION No. 2007 CV 1529 MF CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Reply to Defendant's New Matter was sent via first class mail to the persons listed below on the date indicated: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 Date: July 26, 2007 Donna K. Pedersen 9 Todd Road Carlisle, PA 17013 eph . Schal , Esquire A omey for Plaintiff <"? c? ? ? --., c.._ ? ?1ri` s: .? ? ? . _ ? y - _? ? 's v ? C ? ? .? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation Plaintiff VS. Thomas Scott Pedersen A/K/A Thomas Scott Petersen Donna K. Pedersen A/K/A Donna K. Pedersen A/K/A Donna K. Waltz Defendants CIVIL ACTION NO. 07-1529 TYPE OF PLEADING: Praecipe For Judgment For Failure To Answer And Assessment Of Damages Mortgage Foreclosure Code and Classification 40 Civil Action Filed on behalf of Plaintiff PREMISES: 147 South College Street Carlisle, PA 17013 Counsel of Record for this Party: FRANCIS S. HALLINAN, ESQ. - PA I.D. #62695 PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 Firm I.D. #23-2301814 PHELAN HALLINAN & SCHMIEG, LLP By: FRANCIS S. HALLINAN, ESQ. Identification No. 62695 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 (215) 563-7000 PHH Mortgage Corporation VS. Thomas Scott Pedersen A/K/A Thomas Scott Petersen Donna K. Pedersen A/K/A Donna K. Pedersen A/K/A Donna K. Waltz 147 South College Street Carlisle, PA 17013 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 07-1529 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Defendant Donna IC Pedersen a/k/a Donna K. Pedersen a/k/a Donny K. Waltz, only, for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: Judgment is entered in favor of Plaintiff and against Defendant, Donna K. Pederson a/k/a Donna K, Pedersen a/k/a Donna K. Waltz, for $161,540.60 plus interest from March 20, 2007 at the rate of $26.93 per diem and other costs and charges collectible under the mortgage, I hereby certify that 0) the addresses of the Plaintiff and Defendant is as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 8 7 AW7 e w O PROTHONOTMO,t PHELAN HALLINAN & SCHMIEG, LLP By: FRANCIS S. HALLINAN, ESQ. Identification No. 62695 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 PHH Mortgage Corporation VS. Thomas Scott Pedersen A/K/A Thomas Scott Petersen Donna K. Pedersen A/K/A Donna K Pedersen A/K/A Donna K. Waltz ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 07-1529 VERIFICATION OF NON-MILITARY SERVICE FRANCIS S. HALLINAN, 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 is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant Donna K. Pedersen a/k/a Donna K. Pedersen a/k/a Donna K. Waltz is over 18 years of age and her last known address is 9 Todd Road, Carlisle, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 4L`?"d - FRANCIS S. HALLIN , ESQUIRE SHERIFF'S RETURN - REGULAR CASE NO: 2007-01529 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PEDERSEN THOMAS SCOTT 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 PEDERSON DONNA K AKA DONNA K WALTZ the DEFENDANT at 1913:00 HOURS, on the 27th day of March , 2007 at 9' TODD ROAD CARLISLE, PA 17013 by handing to DONNA PEDERSEN i a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 00 Affidavit .00 Surcharge 10.00 R. Thomas Kline 00 16.00 03/30/2007 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day D ut Sh ri of A.D. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION : COURT OF COMMON PLEAS . Plaintiff Vs. THOMAS SCOTT PEDERSEN CIVIL DIVISION CUMBERLAND COUNTY A/K/A THOMAS SCOTT PEDERSON :NO. 2007-CV-1529-MF DONNA K. PEDERSEN A/K/A DONNA K. PEDERSON A/K/A DONNA K. WALTZ Defendants TO: DONNA K PEDERSEN A/K/A DONNA K. PEDERSON A/K/A DONNA K. WALTZ 9 TODD ROAD CARLISLE, PA 17013 DATE OF NOTICE: JUNE 29, 2007 F I L E P Y THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSRIF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUN'T'Y LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Cc: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff # ?'8 'n -n c; w? Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation ) CIVIL ACTION - LAW Plaintiff ) NO. 07-1529 vs. ) CUMBERLAND COUNTY Thomas Scott Pedersen A/K/A Thomas Scott Petersen Donna K. Pedersen A/K/A Donna K. Pedersen A/K/A Donna K. Waltz Defendants Notice ofd of Jy&Wa Accordance Pa. R.C.P., Rule 236 Notice is given that a Judgment in the above-captioned matter has been entered against Donna K. Pedersen a/k/a Donna K. Pedersen a/k/a Donna K. Waltz on fl- la By. khaia eEft-PY oA If you have any questions concerning this matter, please con ct: FRANCIS S. HALLINAN. ESQUIRE Attorney for Party Filing One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 THIS FIRM IS A DEBT COLUCTIOR ATTEMPTING TO COU_ECf A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVW A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATT1&T 70 COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation 3000 Leadenhall Road or 4001 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff VS. ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2007 CV 1529 MF Thomas Scott Pedersen A/K/A Thomas Scott Pederson Donna K. Pedersen A/K/A Donna K. Pederson A/K/A Donna K. Waltz 3109 North Front Street Harrisburg, PA 17110 Defendants PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. X Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. 147898 "Y Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: q N I RI r Francis S. Hallinan, Esquire Attorney for Plaintiff 147898 ?? -moo ?j r