HomeMy WebLinkAbout08-0642PHELAN HALLINAN & SCHMIEG, LLP
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
DANIEL G. SCHMIEG, ESQ., Id. No. 62205
MICHELE M. BRADFORD, ESQ., Id. No. 69849
SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760
JUDITH T. ROMANO, ESQ., Id. No. 58745
JENINE R. DAVEY, ESQ., Id. No. 87077
MICHAEL E. CARLETON, ESQ., Id. No. 203009
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000 169791
WELLS FARGO BANK, N.A.
D/B/A AMERICAS SERVICING COMPANY
3476 STATEVIEW BLVD
FORT MILL, SC 29715
V.
Plaintiff
DONNA L. RHOADS
1812 CARLISLE ROAD
CAMP HILL, PA 17011
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. 68 - (pya aiv<l 7e-"
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 169791
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 #: 169791
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 #: 169791
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 #: 169791
1. Plaintiff is
WELLS FARGO BANK, N.A. D/B/A
AMERICAS SERVICING COMPANY
3476 STATEVIEW BLVD
FORT MILL, SC 29715
2. The name(s) and last known address(es) of the Defendant(s) are:
DONNA L. RHOADS
1812 CARLISLE ROAD
CAMP HILL, PA 17011
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
On 03/21/2003 mortgagor(s) made, executed, and delivered a mortgage upon the
premises hereinafter described to SLM FINANCIAL CORPORATION which mortgage
is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1802,
Page: 4355. By Assignment of Mortgage recorded 07/19/2004 the mortgage was assigned
to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., which Assignment
is recorded in Assignment of Mortgage Book No. 710, Page 29. 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.
File #: 169791
5.
6.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 10/01 /2007 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
The following amounts are due on the mortgage:
Principal Balance $83,130.82
Interest $2,415.21
09/01/2007 through 01/25/2008
(Per Diem $16.43)
Attorney's Fees $1,250.00
Cumulative Late Charges $0.00
03/21/2003 to 01/25/2008
Cost of Suit and Title Search 550.00
Subtotal $87,346.03
Escrow
Credit $0.00
Deficit $0.00
Subtotal $0.00
TOTAL $87,346.03
7.
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.
File #: 169791
8. 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.
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.
File #: 169791
10. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum
of $87,346.03, together with interest from 01/25/2008 at the rate of $16.43 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, LP
By. -
F NCIS S. HALLiNAN, ESQUIRE
DANIEL G. SCHMIEG, ESQUIRE
MICHELE M. BRADFORD, ESQUIRE
SHEETAL R. SHAH-JANI, ESQUIRE
JUDITH T. ROMANO, ESQUIRE
JENINE R. DAVEY, ESQUIRE
MICHAEL E. CARLETON, ESQUIRE
Attorneys for Plaintiff
File #: 169791
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of land being situate in Lower Allen Township, Cumberland County,
Pennsylvania, more particularly described as follows:
BEGINNING at a point at a stake on the northwesterly side of Carlisle Road at the distance of
136 feet northeastwardly by same from the northeasterly side of Nineteenth Street 60 feet wide;
thence North 10 degrees 26 minutes West 120 feet crossing a 10 feet wide easement to the
northwesterly side of the said 10 feet easement; thence extending North 79 degrees 34 minutes
East along the northwesterly side of the said 10 feet wide easement 60 feet to a point; thence
extending South 10 degrees 26 minutes East 120 feet to the northwesterly side of Carlisle Road;
thence extending South 79 degrees 34 minutes West along the northwesterly side of Carlisle
Road 60 feet to the first mentioned point and place of BEGINNING.
HAVING thereon erected a one and one-half story from dwelling known as 1812 Carlisle Road,
Camp Hill, PA.
PARCEL NO. 13-23-0547-239
PROPERTY BEING: 1812 CARLISLE ROAD
File #: 169791
VERIFICATION
I hereby state that I am the 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 of the pleading, that I am 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 my knowledge, information and belief.
Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt.
The undersigned understands that this statement is made subject to the penalties
of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities.
Attorney for Plaintiff
DATE: s 4
r.a
00 -Tj
O 711?., C
00
O
?
W
p
_ r7l
C? i '-C
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-00642 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO BANK NA
VS
RHOADS DONNA L
STEVEN BENDER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
RHOADS DONNA L the
DEFENDANT
, at 0014:35 HOURS, on the 4th day of February-, 2008
at 1812 CARLISLE RD
CAMP HILL, PA 17011-5909
DANIELLE COULTER
by handing to
DAUGHTER IN LAW
a true and attested copy of COMPLAINT - MORT FORE
NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
aj 01JOY
18.00
13.44
.00
10.00
.00
%/ 41.44
Sworn and Subscibed to
before me this
day
So Answers:
R. Th mas Kline
02/05/2008
PHELAN HALLINAN SCHMIEG
By:
De ty Sheriff
of A. D.
WELLS FARGO BANK, N.A. D/B/A COURT OF COMMON PLEAS
AMERICAS SERVICING COMPANY,
Plaintiff,
CIVIL DIVISION
VS.
DONNA L. RHOADS,
Defendant.
NO.: 08-642 CIVIL TERM
CUMBERLAND COUNTY
ANSWER TO COMPLAINT IN
MORTGAGE FORECLOSURE
Filed on Behalf of
Defendant
Counsel of Record for
this Party:
Brian J. Bleasdale, Esquire
PA I.D. Pa. I.D. #90576
BLEASDALE LAW OFFICE
931 Chislett Street
Pittsburgh, PA 15206
(412) 726-7713
WELLS FARGO BANK, N.A. D/B/A COURT OF COMMON PLEAS
AMERICAS SERVICING COMPANY,
Plaintiff,
CIVIL DIVISION
VS.
DONNA L. RHOADS,
Defendant.
NO.: 08-642 CIVIL TERM
CUMBERLAND COUNTY
ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comes Donna L. Rhoads, by and through her attorney, Brian J. Bleasdale,
Esquire, and the Bleasdale Law Office, and files the following Answer To Complaint In Mortgage
Foreclosure wherein the following is averred:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. The Defendant is without knowledge or information sufficient to form a
belief as to the truth or falsity of the allegation that the mortgage is in default and that all payments
have not been submitted, and therefore this allegation is denied and strict proof is demanded at the
time of trial.
6. Denied. The Defendant is without knowledge or information sufficient to form a
belief as to the truth or falsity of the allegation that the stated amounts in Plaintiff's Complaint are
accurate, and therefore this allegation is denied and strict proof is demanded at the time of trial.
7. Plaintiff's corresponding paragraph is a conclusion of law to which no response is
required.
Plaintiff's corresponding paragraph is a conclusion of law to which no response is
required.
9. Denied. The Defendant is without knowledge or information sufficient to form a
belief as to the truth or falsity of the allegation that the appropriate Notice(s) were forwarded
properly to Defendant, and therefore this allegation is denied and strict proof is demanded at the
time of trial.
10. Plaintiff's corresponding paragraph is a conclusion of law to which no response is
required.
WHEREFORE, the Defendant respectfully requests that the Plaintiff's Complaint
be dismissed with prejudice and that judgment be entered in his favor and against the Plaintiff
plus cost of suit as sustained.
Respectfully submitted,
BLEASDALE LAW OFFICE
By:
Counsel for Defendant
VERIFICATION
I, Brian J. Bleasdale, Esq., verify that the statements made in this Answer to Complaint in
Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief.
This statement is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to
unswom falsification to authorities.
March 3, 2008
Date
ev
F
t"f"?
n
To c;
-' .. ? . cn I
p
z
•
Y .
_
`
n
c
PHELAN HALLINAN & SCHMIEG, LLP
BY: SHEETAL R. SHAH-JANI, ESQUIRE
Identification No. 81760
One Penn Center at Suburban Station
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) -563-7000
WELLS FARGO BANK, N.A.
D/B/A AMERICAS SERVICING COMPANY
3476 STATEVIEW BLVD
FORT MILL, SC 29715
Plaintiff
V.
DONNA L. RHOADS
1812 CARLISLE ROAD
CAMP HILL, PA 17011
Defendant
TO THE PROTHONOTARY:
Attorney for Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-642 Civil Term
CUMBERLAND COUNTY
Kindly substitute the attached Complaint Verification executed by Yolanda Williams, Vice
President of Loan Documentation of Wells Fargo Financial Pennsylvania, Inc., servicing agent
for Plaintiff in this matter, for the verification executed by Francis S. Hallinan, Esquire, in
connection with the above referenced Action.
DATE: 7 P/09
By:
Sheetal R. Shah-J Qi,, quire
AttorneY for Plain
VERIFICATION
Yolanda Williams hereby states that he/she is
Vice President of Loan Documentation
of WELLS FARGO FINANCIAL PENNSYLVANIA, INC., servicing agent for Plaintiff
in this matter, that he/she is authorized to take this Verification, and that the statements made in the
foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge,
information and belief. The undersigned understands that thi atement is made subject to the penalties
of 18 Pa. C.S. Sec. 4904 relating to unswom falsification ?thoyities.
Name: Yolk Oda Williams
DATE: January 30, 2008 Title: VicOresident of Loan Documentation
Company: WELLS FARGO FINANCIAL
PENNSYLVANIA, INC.
Loan:1205240188
File #: 169791
ti
r
PHELAN HALLINAN & SCHMIEG, LLP
BY: SHEETAL R. SHAH-JANI, ESQUIRE
Identification No. 81760
One Penn Center at Suburban Station
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(2-15) 563-7000
WELLS FARGO BANK, N.A.
D/B/A AMERICAS SERVICING COMPANY
3476 STATEVIEW BLVD
FORT MILL, SC 29715
Plaintiff
V.
DONNA L. RHOADS
1812 CARLISLE ROAD
CAMP HILL, PA 17011
Defendant
Attorney for Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.08-642 Civil Term
CUMBERLAND COUNTY
I hereby certify that a true and correct copy of the foregoing Plaintiff's Praecipe to
Substitute Verification was served by regular mail on the following parties on the date listed below:
Brian J. Bleasdale, Esquire
Bleasdale Law Office
931 Chislett Street
Pittsburgh, PA 15206
DATE: ii b
By:
Sheetal R. Shah-Jani Esq ire
Attorney for Plaintiff
CZ:) o
-n
<
f
<
c ? rr,
PHELAN LLINAN & SCHMIEG, LLP
By: VIVE SRIVASTAVA, ESQUIRE
Identificatio No. 202331
One Penn C nter at Suburban Station
1617 John . Kennedy Boulevard
Suite 1400
PA 19103-1814
Wells Far
DB/A An
3476 Stag
Fort Mill,
tank, N.A.
.a's Servicing Company
v Blvd
29715
Plaintiff
VS.
Donna L. Rl?
1812 Carlisl
Camp Hill, S
Road
17011
Defendant
Attorney for Plaintiff
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 08-642 CIVIL TERM
MOTION FOR SUMMARY JUDGMENT
Plaintiff respectfully requests that the Court enter an Order granting summary
judgment in its favor in the above-captioned matter and in support thereof avers as follows:
1. I There are no material issues of fact in dispute.
2.
3.
has effecti
attached E
4.
Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action.
Defendant, Donna L. Rhoads, has filed an Answer to the Complaint in which she
i admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs
In her Answer, Defendant generally denies paragraphs five and six of the
Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies
of Plaintiffs Mortgage Foreclosure Complaint and Defendant's Answer are attached hereto,
incorporated?herein by reference, and marked as Exhibits C and D, respectively.
5. Defendant has failed to sustain her burden of presenting facts, which contradict the
averments of Plaintiff s Complaint.
6. Defendant admitted in paragraph three of her Answer that she executed the
Mortgage an? that the Mortgage has been assigned to Plaintiff. True and correct copies of the
Mortgage and Note are attached hereto, made part hereof, and marked Exhibits A and A 1,
respectively.
7. Defendant executed the Mortgage promising to repay the loan on a monthly basis.
A true and c ect copy of the Mortgage, which is recorded in the Office of the Recorder of
Cumberland ounty in Mortgage Book No. 1802, Page 4355, is attached hereto, made part hereof,
and marked xhibit A. A true and correct copy of the Note is also attached hereto, made part
hereof, and marked Exhibit A1.
8. By Assignment of Mortgage recorded March 10, 2008, the Mortgage was assigned
to Wells Fargo Bank, N.A. D/B/A America's Servicing Company, which Assignment is recorded
in Assignme of Mortgage Instrument No. 200807047. A true and correct copy of the
Assignment t Plaintiff is attached hereto, incorporated herein by reference, and marked as Exhibit
A2.
9. The Mortgage is due for the October 1, 2007 payment, a period in excess of five (5)
months. An Affidavit confirming the default and the amount of the debt is attached hereto,
incorporated herein by reference, and marked as Exhibit B.
10. The notice provisions of Act 6 of 1974 do not apply to this action because the
original Mortgage amount exceeds $50,000.00, as is further addressed in Plaintiffs attached Brief.
Nevertheles
foreclose.
Exhibit E.
12.
Assistance I
authorized c
true and cor.
attached her
12.
foreclosure
ensuring the
attached Brig
13.
a scheduled
WHl
favor for the
sale of the m
Plaintiff sent Defendant a letter notifying her of her default and of Plaintiff s intent to
true and correct copy of the letter is attached hereto, made part hereof, and marked
The Temporary Stay as provided by the Homeowner's Emergency Mortgage
Act 91 of 1983, has terminated because Defendant has failed to meet with an
agency in accordance with Plaintiffs written notice to Defendant. A
copy of the Notice of Homeowner's Emergency Mortgage Assistance Program is
made part hereof, and marked Exhibit E.
Plaintiff submits that its request for attorney's fees for preparing and prosecuting its
executing on its anticipated judgment, listing the property for sheriffs sale, and
of clear title is reasonable. Plaintiff will address this issue further in its
Defendant has the right to reinstate and/or payoff the loan up until one hour before
Sale.
Plaintiff respectfully requests that an in rem judgment be entered in its
due plus interest and costs as prayed for in the Complaint, for foreclosure and
property.
Res ectfull bmitted,
P L LLINAN & SCHMIEG, LLP
By:
Vie nvastava, Esquire
Attorney for Plaintiff
PHELAN
By: VIVI
One Penn
1617 John
Suite 1400
LLINAN & SCHMIEG, LLP
SRIVASTAVA, ESQUIRE
No. 202331
nter at Suburban Station
Kennedy Boulevard
PA 19103-1814
Attorney for Plaintiff
Wells Fargo
D/B/A Amei
3476 Statevi
Fort Mill, S1
VS.
lank, N.A.
!a's Servicing Company
Y Blvd
29715
Plaintiff
Donna L. oads
1812 Carlisl Road
Camp Hill, 17011
Defendant
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 08-642 CIVIL TERM
PLAINTIFF'S BRIEF IN SUPPORT
OF ITS MOTION FOR SUMMARY JUDGMENT
1. DEF
On Iv
Note in the p
installments
Road, Camp
which is rect
,T
ch 21, 2003, Defendant, Donna L. Rhoads, executed a Mortgage and Promissory
icipal sum of $87,900.00, this sum being payable in equal, consecutive, monthly
principal and interest of beginning at $599.63 on the property at 1812 Carlisle
ill, PA 17011 (hereinafter the "Property"). A true and correct copy of the Mortgage,
.ed in the Office of the Recorder of Cumberland County in Mortgage Book No.
1802, Page 43$5, is attached hereto, made part hereof, and marked Exhibit A. A true and correct
copy of the Note is also attached hereto, made part hereof, and marked Exhibit Al.
defaulted under the Mortgage and Note by failing to make payments due
October 1, 2007 and each month thereafter.
On December 3, 2007, due to Defendant default, Plaintiff mailed Defendant notice of its
intention to f Dreclose on the Mortgage to Defendant at her last known address. Defendant,
however, famed to cure the default. A true and correct copy of the notice is attached hereto,
incorporated (herein by reference, and marked as Exhibit E.
Defendant failed to take the necessary affirmative steps to cure the delinquency,
Plaintiff was left with no alternative but to foreclose in order to recover its unjust financial losses.
Accordingly, lthe present action was filed on January 30, 2008. To date, Defendant has not brought
the account
II. PLMNTIFF IS ENTITLED TO SUMMARY JUDGMENT AS A
judgment is a means to "eliminate the waste of time and resources of both
litigants and the courts in cases where a trial would be a useless formality." Liles v. Balmer, 389
Pa.Super. 451, 567 A.2d 691 (1989); First v. Zem Zem Temple, 454 Pa.Super. 548, 551, 686 A.2d
18, 20 (1996)1 A Motion for Summary Judgment shall be granted if the documents of record show
there is no genuine issue as to any material fact and that the moving party is entitled to judgment as
a matter of law. Pa.R.C.P. 1035.2(1); Allen v. Merriweather, 413 Pa.Super. 410, 411, 605 A.2d
424 (1992); easel v
410 Pa. Super. 591, 593, 600 A.2d 610 (1991).
The moving party bears the burden of demonstrating clearly that there is no genuine issue
of triable fact. ? Driscoll v. Carpenters District Council of Western Pennsylvania, 370 Pa. Super.
295, 536 A.2d?412 (1988); affirmed, 525 Pa. 205, 579 A.2d 863 (1990); Allen, 413 Pa.Super. at
411; Beasel, 410 Pa.Super. at 594; Hower v. Whitmark Assoc., 371 Pa.Super. 443, 381 A.2d 524
(1988); Rom,
nonmoving
genuine issu
Pa.Super. 36
Rule
Averments in a pleading to which a responsive pleading is required
are admitted when not denied specifically or by necessary
implication. A general denial or a demand for proof, except as
provided by subdivision (c) and (e) of this rule, shall have the effect
of an admission.
It is well
that the
of the
705 A.2d 841, 848 (Pa.Super. 1997). In response, the
may not rest upon the pleadings, but must set forth specific facts demonstrating a
for trial. Phaff v. Gerner, 451 Pa. 146, 303 A.2d 826 (1973); Duiai v. Dennis, 431
,370, 636 A.2d 1130, 1132.
1029(b) of the Pennsylvania Rules of Civil Procedure specifically provides:
that a general denial is unacceptable and deemed an admission where it is clear
has adequate knowledge and that the means of information are within the control
Elia v. Olszewski, 368 Pa. 578, 84 A.2d 188 (1951). Cercone v. Cercone, 254
Pa. Super. 381, 386 A.2d 1 (1978); City of Philadelphia v. Hertler, 114 Pa. Cmwlth. 475, 482, 539
A.2d 468, 47? (1988). Goodrich-Amram 2d § 1029(c)(1), p. 280. A general denial effectively
manifests an admission to the facts averred in the complaint. Swift v. Milner, 371 Pa. Super. 302,
308, 538 A.20 28, 31 (1988); Michner v. MontgomeKy County Tax Claim Bureau, 671 A.2d 285,
288 (Pa. Cmwlth. 1996). One purpose in demanding a specific denial is to enable the parties to
focus upon the disputed facts and to assist the Court in defining the issues for trial. Bo le
v. Stuart, 11 D&C 3d 303, 310 (Chester Co. 1979).
submits that, in the Answer, Defendant has effectively admitted every allegation of
the Complain. Although Defendant purports to deny paragraphs five and six of the Complaint,
which aver the default and the amounts due on the Mortgage, respectively, Defendant's averments
amount to nothing more than general denials and demand for proof. Defendant generally denies
the amount due under the Mortgage without reference to what she believes to be the correct
amount due, or reference to any good reason to believe that the amount sought is erroneous.
Unquestionably, Defendant knows specifically what payments she made on the Mortgage.
, because Defendant is charged with having sufficient knowledge upon which to base a
specific den?al with respect to the averments contained in paragraphs five and six of the Complaint,
a general denial is insufficient to raise a genuine issue of fact. Cercone v. Cercone, supra; City of
i v. Herder, supra. The Pennsylvania Superior Court has held that, in order to raise a
genuine issue of fact, defendants may not rest on the pleadings, but must sustain the burden of
presenting facts to counter Plaintiffs averments. New York Guardian Mortgage v. Dietzel, 524
A.2d 951 (Pa. Super. 1987). Washington Federal Savings and Loan Association v. Stein, 515 A.2d
980 (Pa. Super. 1986). A party will not be able to rely on 1029(c) and be excused from answering
averments based on a lack of information where that party has sufficient information at its disposal
to answer such allegations. Commw. by Preate v. Rainbow Associates, 138 Pa. Commw. 56, 587
A.2d 357, 358 (1991).
The Pennsylvania Superior Court reiterated this principle in another mortgage foreclosure
case. The Court held that the mortgagors' general denials in their answers to the Complaint must
be considered admissions. First Wisconsin Trust Co. v. Strausser, 439 Pa.Super. 192, 653 A.2d
688 (1995). The Court reasoned that the only persons with knowledge of the amount due, besides
the mortgage ? company, would be the mortgagors. Therefore, if defendant mortgagor did not plead
specific facts in response to the allegations in the Complaint regarding the default and the amount
due, the defendant is deemed to have admitted the allegations, and summary judgment for the
mortgage company is proper. First Wisconsin Trust Co. v. Strausser, supra.
In determining if an answer is a general denial, the Court must examine the pleadings as a
whole. Commw. by Preate, supra. at 61, 587 A.2d 357, 360 (1991). A review of the pleadings as a
whole in the instant case reveals that Defendant has failed to sustain her burden of presenting facts,
which contradict the elements of Plaintiffs claim. Defendants general denial of the amounts due
and the default should be viewed as admissions by this Honorable Court.
III. AMOUNT OF
The within case is a mortgage foreclosure action, the sole purpose of which is to take the
Defendant's mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in
mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown
v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Si al
io, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978).
Pennsylvania Rule of Civil Procedure 1141(a).
, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is only
for bidding aj the Sheriff s Sale. In the event that a third party real estate speculator were to bid on
the mortgag:ount property at the Sheriff s Sale and become the successful purchaser, Plaintiff would
receive the of the in rem judgment from the Sheriff, while the third party purchaser would
obtain a deed to the property. Accordingly, the amount of the in rem judgment has no bearing or
impact on the Defendant.
IV. A
As to 0 attorney fees recited in paragraph six of the Complaint, it should be noted that
paragraph twenty-two (22) of the Mortgage clearly indicates that Defendant is liable for an
attorney fee, costs of suit, and costs of title evidence if Defendant defaults on the loan. The
attorney fee c aimed in Plaintiffs complaint is less than five percent of the principal balance due on
the loan. Wh n Plaintiff was preparing its foreclosure Complaint, it could not know how much the
attorney fees d costs would be upon completion of the foreclosure action. Plaintiff could not
know whethe the Defendant would contest the case and, if so, how extensively. Accordingly,
Plaintiff used Pennsylvania case law as a guide.
fees are enforced in order to compensate the Plaintiff for the reasonable and
necessary expenses of collection. The Superior Court has held that it is inequitable for a
mortgagee tol expend sums of money for attorney fees in order to collect sums owed to him.
236 Pa.Super. 503, 345
A.2d 279 (19 5).
Asa general rule, attorney fees, which are reasonable, will be permitted by the Court. A
requested fee of five percent of the outstanding principal balance has been granted by the Court.
Pennsylvania Courts have long and repeatedly concluded that such a 5% provision is reasonable
and enforceable. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan
iation v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
It is important to note that the attorney fees called for in the Mortgage are owned by the
mortgagee, n t the attorney. They are not limited to the actual attorney fees but cover also the
extra charges made necessary because the mortgagor failed to meet his obligation. Foulke v.
196 Pa.Super. 155, 173 A.2d 703 (1961); Harper v.
idated?Rubber Co., 284 Pa. 444, 131 A. 356 (1925).
In Federal Land Bank of Balti
the Superior Court held that an attorney fee
of 10% of the original loan amount was not unconscionable. 410 A.2d 344 (Pa.Super. 1979). The
Superior Court cited Fetner in confirming that an attorney fee of ten percent included in the
judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton
Realty, 662 .2d 1120 (Pa. Super. 1995).
Impo antly, Plaintiff clearly outlined how Defendant could avoid paying Plaintiffs
attorney fees in the Notice of Intention to Foreclose Mortgage, which was mailed to Defendant.
Defendant, h wever, failed to take the necessary affirmative steps to cure the delinquency, but
rather has opt d to litigate, which has resulted in more attorney fees. Additionally, Plaintiff
submits that
neither excel
More
fact, which p
Newton v. Ei
Court's equit,
no issue of m
amount demanded for costs of suit and title search in Plaintiffs Complaint is
nor unreasonable.
, the reasonableness of attorney fees does not create a genuine issue of material
the entry of summary judgment. First National Bank and Trust Co. of
40 D&C 3d 228 (1985). Importantly, Plaintiff recognizes this Honorable
authority to set attorney fees and costs as it deems reasonable. Therefore, there is
fact regarding attorney fees.
V. PL NTIFF'S MORTGAGE FORECLOSURE ACTION DOES NOT COME
UNDER ACT 6 OF 1974
Asaverred in paragraph ten (10) of the Complaint, the notice provisions of Act 6 of 1974
do not apply o this case. Section 403(a) states:
Befor any residential mortgage lender may accelerate the maturity of any
residential mortgage obligation, commence any legal action including
mortgage foreclosure to recover under such obligation ... such person shall
give a residential mortgage debtor notice of such intention at least thirty
days ' advance as provided in this section. (emphasis added.) 41 P.S.
Section 403(4) applies only to residential mortgages. Section 101 defines a residential mortgage
as, "an obligation to pay a sum of money in an original bona fide principal amount of fifty
thousand dollars ($50,000) or less ...".
The Act 6 notice provision (§403) does not apply to the within case because the original
loan amount exceeded $50,000.00. See Anderson Contracting Company v. Daugherty, 417 A.2d
1227 (Pa.Supor. 1979). Nevertheless, it should be noted that Plaintiff sent Defendant notice of its
intention to foreclose on the Mortgage, which outlined the necessary steps Defendant should take
to avoid foreclosure. True and correct copies of the Notice of Intention to Foreclose Mortgage
letters are attached hereto, incorporated herein by reference, and marked as Exhibit E. Because
Defendant failed to take the necessary affirmative steps to bring the loan current, Plaintiff had no
alternative but to commence foreclosure proceedings.
VI.
ENCY
AY AS
F1
The Temporary Stay pursuant to Act 91 of 1983 has terminated due to Defendant failure to
meet with P4intiff or an authorized credit counseling agency in accordance with Plaintiffs written
notice to Def?ndant. True and correct copies of the Notice of Homeowners' Emergency Mortgage
Assistance Act of 1983 are attached hereto, incorporated herein by reference and marked as
Exhibit F.
Act 9 of 1983 requires that notice be sent by the mortgagee to the delinquent mortgagor
by first class ail addressed to his last known address. 35 P.S. § 1680.403c(a). The statute
specifically p ovides that notice pursuant to the statute shall be deemed received on the third
business day ollowing the date of the mailing of the same. 35 P.S. § 1680.403c(e).
The l?tter contained the name, address and telephone number of Plaintiffs representative,
whom Defen ant could have contacted to discuss the delinquency and the possibility of qualifying
for emergency mortgage assistance. Notwithstanding the receipt of this information, Defendant
failed to take ction that would have resulted in a temporary stay of the proceedings. Because the
homeowner filed to meet with an approved consumer credit counseling agency and file an
application thin the period specified, and failed to meet other time limitations under Act 91, the
temporary stay under Act 91 of 1983 has expired. Plaintiff, therefore, has properly complied with
Act 91 and is permitted to proceed with its foreclosure action. Additionally, Plaintiff submits that
the Pennsylv 'a Housing Finance Agency would now consider the homeowner ineligible for
assistance du to Defendant failure to satisfy the procedural time requirements of Act 91 of 1983.
VII. CO]
The
the machine
when no ge
In n
well as all r
of the summary judgment procedure is to prevent vexation and delay, improve
of justice, promote the expeditious disposition of cases and avoid unnecessary trials
ine issue of material fact is raised.
ing its determination, the Court must accept as true all properly pleaded facts, as
inferences, which might be drawn from them. Thompson v. Nason, 379
Pa.Super. 11?, 535 A.2d 1177 (1988), affirmed, 527 Pa.330, 591 A.2d 703 (1991). The Court
must restrict 4s review to material filed in support of and in opposition to the Motion for Summary
Judgment, and to uncontroverted allegations in the pleadings. Pa.R.C.P.1035. Overly v. Kass, 382
Pa.Super. 10?, 545 A.2d 970 (1989).
in?iff submits that it has demonstrated sufficient facts to warrant summary judgment in
its favor. De?endant executed the Mortgage knowing that she would be responsible for the
payments. D fendant has admitted the existence of the mortgage and her default in her Answer to
the Complai . Plaintiff has provided an affidavit that Defendant is in default and set forth the
amount owed by Defendant. Therefore, Plaintiff maintains that it has produced sufficient evidence
to establish a prima facie case for mortgage foreclosure. Once Plaintiff has satisfied its burden,
Defendant h4 a responsibility to demonstrate facts, which would create a genuine issue for trial.
Phaff, supra. Defendant has failed to sustain her burden of presenting facts, which would
contradict thel elements of Plaintiff s claim.
respectfully submits that the allegations of the Complaint are, in fact,
Defendant has had use of the Property rent-free at Plaintiffs expense long enough.
Defendant's Answer has been interposed for the purpose of delay only. Plaintiff requests that its
Motion be granted so that it can recover the unjust financial losses it has incurred to date.
Plaintiff respectfully requests that an in rem judgment be entered in its
favor for the amount due with interest and costs as prayed for in the Complaint, for foreclosure and
sale of the mortgaged property.
Respectfully ed,
P AN H AN & SCHMIEG, LLP
By:
Vi a, Esquire
Attorney for Plaintiff
Fv;
}
5
EXHIBIT A
-- •
1 111111111
R"= 004414041
After
SLM
1111111111
"30184
1414041 MO woe
rding Return To:
kNCIAL CORPORATION
3000 EAST LINCOLN DRIVE
MARLTON NJ 08053
CERTIFIED TRUE COPY
RHOADS
LOAN NUMBER: 952300311
MORTGAGE
PARCEL NUMUR
Words use in multiple sections of this document are defined below and other words are defined in Sections 3, 11,
13, 18, 20 nd 11. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) "Secs ity Instrument" means this document, which is dated MARCH 21, 2003
together wi h all Riders to this document.
(H) "Gorr wer" is DONNA L. RHOADS, UWIARRIED
Borrower i the mortgagor under this Security Instrument.
(C) "Lend r" is SUM FINANCIAL CORPORATION
Lender is a LICENSED MORTGAGE HANKER organized and existing under the
laws of W JERSEY . Lender's address is 1007 LAUREL OAK
ROAD, SU TE B VOORHEES, NJ 08043
Lender is th mongagce under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated MARCH 21, 2003
The Note s tes that Borrower owes Tender
EIGHTY-S VEN THOUSAND NINE HUNDRED AND 00/100
Dollars (U. .$ 87, 900.00 ) plus interest. Borrower has promised to pay this debt in
regular Peri dic Payments and to pay the debt in full not later than APRIL 1, 2033
(E) "Prope ty" 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 N te, and all sums due under this Security Instrument, plus interest.
(C) "Ride " means all Riders to this Security Instrument that arc executed by Borrower. The following Riders arc
to be exccut d by Borrower [check box as applicable]:
[] Adj stable Rate Rider [] Condominium Rider (] Second Home Rider
C] Ball on Rider 0 Planned Unit Development Rider ? Biweekly Payment Rider
14 amily Rider QX Other(s) [specify] LEGAL
(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) "Cumm nity Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges
that are im ?scd on Borrower or the Property by a condominium association, homeowners association or similar
V) "Electro ie Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft,
cr instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or
magnetic taso as to order, instruct, or authorize a financial institution to debit or credit an account. Such term
includes, bus not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by
or similar p1/24/2002
telephone, w e transfers, and automated clearinghouse transfers.
PENNSVLVAA--Single Family— Fannie MadFrcddie Mac UNIFORM iNS7RUMENT Form 3039 1/01
o0C11RA1 (Page 1 of 13 pages)
000UIPAI.VWX
0 •
(K) "Escr w Items" means those iterns that are described in Section 3.
(L) "Miu ilaneous 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; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in
lieu of con emnation; or (iv) rnisrcprescnrations of, or omissions as to, the value and/or condition of the Property.
(M) "Mort age Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(N) "Perio is Payment" means the regularly scheduled amount due for (i) principal and interest under the Note,
plus (ii) an amounts under Section 3 of this Security Instrument.
(O) "RES A" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, egulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or
successor I gislation or regulation that governs the same subject matter. As used in this Security Instru rent,
"RESPA" fers to all requirements and restrictions that ate imposed in regard to a "federally related mortgage
loan" even f the Loan does not qualify as a "federally related mortgage loan" under RESPA.
(P) "Succe sor in Interest of Borrower" means any party that has taken title to the Property, whether or not that
party has as umed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN TIIE PROPERTY
This Secu ? lfa men, secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modificI of the Note; and (ii) 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 d scribed property located in the COUNTY
(Type of Recording Jurisdiction)
of Ct1ERLAND
(Na Recording Jurisdiction)
LEGAL DE CRIPTION ATTACHED HERETO AND MADE A PART HEREOF.
A/K/A TW?. LOWER ALLEN, PA
II
which curre tly has the address of
CAMP HI
[City)
1812 CARLISLE ROAD
[Street)
Pennsylvania 17011 ("Property Address").
['lip Code)
TO ETHER WITH all the improvements now or hereafter erected on the property, and all casements,
appurtenant s, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by t is Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
BO ROWER COVENAINUS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to Mort age, grant and convey the Property and that the Property is unencumbered, except for encumbrances
of record. B rower warrants and will defend generally the title to the Property against all claims and demands,
subject to an encumbrances of record.
TH S SECUM Y INS'T'RUMENT combines uniform covenants for national use and non-uniform
h limited variations by jurisdiction to constitute a uniform security instrument coveting real property.
PF.NNSYLVA 1A•-Single Family--Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3039 1/Ot
covenants w16/24/2002
nocweA7 (Page 2 of 13 page)
000IFAS.Vrx J??
s •
IFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower
shall pay hen due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges
and late c rges due undcr the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3.
Payments d e under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or
other ins ent rcceivcd by Lender as payment under the Note or this Security Instrument is returned to Lender
unpaid, Le der tray require that any or all subsequent payments due under the Note and this Security Instrument be
made in on 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 ar insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Pa eats are deemed received by Lender when received at the location designated in the Note or at such
other locati n as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may
return any ayment or partial payment if the payment or partial payments arc insufficient to bring the Loan current.
Lender ma accept any payment or partial payment insufficient to bring the Loan current, without waiver of any
rights hereu der or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not
obligated t apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of
its schedul due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied
funds until orrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable
period of t' , Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds
will be app ied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or
claim whic Borrower might have now or in the future against Lender shall relieve Borrower from making
payments d c under the Note and this Security Instrument or performing the covenants and agreements secured by
this Securi Instrument.
2. pplication of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted an applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;
(b) princi 'a due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic
Payment in a order in which it became due. Any remaining amounts shall be applied first to late charges, second
to any other ounts due under this Security Instrument, and then to reduce the principal balance of the Note.
If ender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to p y any late charge due, the payment may be applied to the delinquent payment and the late charge. If
more than a Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the
repayment o the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that
any excess xists 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 desc 'bed in the Note.
An application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall n t extend or postpone the due date, or change the amount, of the Periodic Payments.
3, unds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the
Note, until a Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and
assessments d 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. ese items are called "Escrow Items." At origination or at any time during the term of the Loan,
Lender may equire that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower,
and such due , fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices
of amounts t be paid under this Section. Borrower shall pay Lender the Funds for Escrow Iterrts unless Lender
waives Borr wer's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to ay to Lender Funds for any or all Escrow items at any time. Any such waiver may only be in writing.
In the event f such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow
Items for w 'ch payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender
receipts evid ncing such payment within such time period as Lender may require. Borrower's obligation to make
PENNSYLVAI !A•-Single Family-.Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01
OOCUIPM (Page 3 of 13 pages)
0ocvIPw3.vnc 1 /0212000
0 •
such pa ents and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in
this Secu ty Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to
pay Escro Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
Lender y exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under
Section 9 o repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any
time by a once given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all
Funds, an in such amounts, that are then required under this Section 3.
I rider may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at a time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under
RESPA. nder shall estimate the amount of Funds due on the basis of current data and reasonable estimates of
expenditw s of future Escrow Items or otherwise in accordance with Applicable Law.
c Funds shall he held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity (i eluding Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
Bank. Len er shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender
shall not c arge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make
such a cha e. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the funds,
Lender sha I 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 ac unting of the Funds as required by RE-SPA.
If here is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower
t'or the exc ss funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under
RESPA. L nder shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount
necessary t make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is
a defrcienc of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by
RESPA, an Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with
RESPA, bu in no more than 12 monthly payments.
Up n payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower a y Funds held by Lender.
4. harges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
to the Prop rty 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 terns, Borrower shall pay them in the manner provided in Section 3.
Bo owcr shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: ( ) 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 aga nst 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 fro the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. f Lender determines that any part of the Property is subject to a lien which can attain priority over this
Security Ins ment, 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 y Lender in connection with this Loan.
5. o
eperty Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property ins d against loss by fire, hazards included within the term "extended coverage," and any other hazards
including, bu not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be
maintained ' the amounts (including deductible levels) and for the periods that Lender requires. What Lender
requires p nt to the preceding sentences can change during the term of the Loan. The insurance carrier
providing th insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,
which right s all not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan,
PENNSYLVA IA--Single Family-.Fannie Mae/Freddie Mnc UNIFORM INSTRUMEM' Form 3039 I/Ot
DOCUIPAS (Page I of 13 pages)
00(.U1PAI.V?X 1 10217000
y?
•
which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan,
either: (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 cha ges occur which reasonably might affect such determination or certification. Borrower shall also be
responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection
with the re iew of an flood zone determination resulting from an objection by Borrower.
If orrowery 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 coverag , Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's
equity in th Property, or the contents of the Property, against any risk, hazard or liability and might provide greater
or lesser co !rage 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 y Lender under this Section 5 shall become additional debt of Borrower secured by this Security
lnstrumenr. These amounts shall bear interest at the Nate rate from the date of disbursement and shall be payable,
with such i !rest, upon notice from Lender to Borrower requesting payment.
Al insurance policies required by Lender and renewals of such policies shall be subject to Lender's right
to disappro a such politics, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as
an addition 1 loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,
Borrowers all promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any
form of ins ace 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 c event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof f loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any
insurance p ceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration
or repair of a 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 pportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided th t such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and
restoration ' a single payment or in a series of progress payments as the work is completed. Unless an agreement is
made in wri ing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be
required to ay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties,
retained by orrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
the restorati n or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds
shall be app ied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,
paid to Bo wer. Such insurance proceeds shall be applied in the order provided for in Section 2.
If rrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and
related matt s. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has
offered to s It a claim, then Lender may negotiate and settle the claim The 30-day period will begin when the
notice is giv n. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby
assigns to nder (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid
under the No a or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund
of unearned remiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights
are applicabl to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the
Property or t pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
6. ccupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 ys after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's rincipal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in
writing, whi h consent shall not be unreasonably withheld, or unless extenuating circumstances exist which arc
beyond Borr wer's control.
7. P eservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,
damage or i air the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not
PENNSYLVA IA--Single Family--Fannie Mae/Freddie Mee UNIFORM INSTRUMENT Form 3039 1/01
00MAPAS (rage 5 of 13 Pages)
D=IPAS. Vbf l /02/2000
?k_-ICL
i
Borrower s residing in the property, Borrower shall maintain the Property in order to prevent the Property from
detcriorati g 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
deteriorati n or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the
taking of, a Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has
released p oceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single
payment o in a series of progress payments as the work is completed. If the insurance or condemnation proceeds
are not su icient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the
completio of such repair or restoration.
rider or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable
cause, Len er may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at
the time of r 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 r any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent
gave mate ally false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender
with mate at information) in connection with the Loan. Material representations include, but are not limited to,
mpresentati ns concerning Borrower's occupancy of the Property as Borrower's principal residence.
9. rotection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower f its 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 he Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's
interest in a Property and rights under this Security Instrument, including protecting and/or assessing the value of
the Prop, , and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a)
paying any urns secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c)
paying rea nable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument,
including it secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
entering the roperty to make repairs, change locks, replace or board up doors and windows, drain water from pipes,
eliminate bu Iding or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender
may take act on 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 rider incurs no liability for not taking any or all actions authorized under this Section 9.
An amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this Sec ity Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and
shall be pay ble, with such interest, upon notice from Lender to Borrower requesting payment.
If is Security Instrument is on a leaschold, Borrower shall comply with all the provisions of the lease.
Borrower sh It not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground
lease. Borr wcr shall not, without the express written consent of Lender, alter or amend the ground lease. If
Borrower ac uires fee title to the Property, the leaschold and the fee title shall not merge unless Lender agrees to
the merger i writing.
]t}. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower sh It pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the
Mortgage I ante coverage required by Lender ceases to be available from the mortgage insurer that previously
provided suc insurance and Borrower was required to make separately designated payments toward the prcmiumc
for Mortgag Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to
the Mortgag Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the
Mortgage I urance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially
equivalent rtgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of
the separatel designated payments that were due when the insurance coverage ceased to be in effect. Lender will
accept, use a retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss
reserve shall c non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lcndcr shall
not be requir d to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve pa nts 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
PENNSYI.VAN A--Singie Family--Fannie Mae/Frcddic Mac UNIFORM INSIMUMErT Form 3039 1/01
oocvIPAs (Page 6 of 13 pages)
DO(:U1PACM 1 /02/2000
J?Kl_
9 •
payments
making d
Mortgage
provide a
any writte
by Applic
the Note.
incur if Bo
M
into agree
and conditi
These agret
insurer may
As
other entity
(or might bH
modifying
takes a sha
often terme
(a;
Insurance)
for Mortes
Mortgage
include the
to have th
Insurance
11
to and shall
if
Property, it
repair and i
an opportui
that such i
or Appsacao
Borrower a
feasible or
this Securi
Proceedssh
In
be applied t
Borrower.
In I
of the Proix
amount of tf.
value, unless
reduced by I
the sums set
value of the
to Borrower
sward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of
Loan and Borrower was required to make separately designated payments toward the premiums for
ruuranec, Borrower shall pay the premiums requited to maintain Mortgage Insurance in effect, or to
sn-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with
agreement between Borrower and Lender providing for such termination or until termination is required
Ac Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in
rtgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may
ower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
rtgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter
snts with other parties that share or modify their risk, or reduce losses. These agreements arc on terms
ns that are satisfactory to the mortgage insurer and the other party (or panics) to these agreements.
ments may require the mortgage insurer to make payments using any source of funds that the mortgage
have available (which may include funds obtained from Mortgage Insurance premiums).
a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any
or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from
characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or
he mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender
c of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is
I "captive reinsurance." Further:
Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe
ge Insurance, and they will not entitle Borrower to any refund.
Any such agreements will not affect the rights Borrower has - if any - with respect to the
nsurance under the Homeowners Protection Act of 1998 or any other law. These rights may
right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance,
t Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage
iremiums that were unearned at the time of such cancellation or termination.
Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned
be paid to Lender.
the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
the restoration or repair is economically feasible and Lender's security is not lessened. During such
staration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had
sty to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided
pection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single
t or in a series of progress payments as the work is completed. Unless an agreement is made in writing
e Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay
y interest or earrings on such Miscellaneous Proceeds. If the restoration Or repair is not economically
rider's security would be lessened, the Miscellaneous Proceeds shall be applied to the sum-, secured by
Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous
11 be applied in the order provided for in Section 2.
c event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall
the sums secured by this Security Instrttrrtent, whether or not then due, with the excess, if any, paid to
re event of a partial taking, destruction, or loss in value of the Property in which the fair market value
ty in-anediatcly before the partial taking, destruction, or loss in value is equal to or greater than the
sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in
Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be
ie amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of
fired immediately before the partial taking, destruction, or loss in value divided by (b) the fair market
Iroperty immediately before the partial taking, destruction, or loss in value. Any balance shall be paid
PENNI SYLVA IA•-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMFN"r Form 3039 MI
DOCUirA r (Page 7 of 13 pages)
OOCUIPA7,VT1! 1/07/2000
• 0
!n the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Pro erty immediately before the partial taking, destruction, or loss in value is less than the amount of the
sums sec ed immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender
otherwise gree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument hethcr or not the sums arc then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as d fined 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
Misccllane us 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 o the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
B rower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's ju gmcnt, could result in forfeiture of the Property or other material impairment of Lender's interest in the
Property o rights under this Security Instrument, Borrower can cure such a default and, if acceleration has
occurred, r instate 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 o 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,
Al Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in
the order pr vided for in Section 2.
12 Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment
or modifica ion of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or
any Succes or in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in
Interest of orrower. Lender shall not be required to commence proceedings against any Successor in Interest of
Borrower o to refuse to extend time for payment or otherwise modify amortization of the sums secured by this
Security I trument by reason of any demand made by the original Borrower or any Successors in Interest of
Borrower. y forbearance by Lender in exercising any right or remedy including, without limitation, Lender's
acceptance f payments from third persons, entities or Successors in Interest of Borrower or in amounts less than
the amount cn due, shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-sigaers; Successors and Assigns Bound. Borrower covenants and
agrees that orrowcr's obligations and liability shall be joint and several. However, any Borrower who co-signs this
Security Ins merit but does not execute the Note (a "co-signer'): (a) is co-signing this Security Instrument only to
mortgage, ant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b)
is not perso ally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any
other Borro er can agree to extend, modify, forbear or make any accommodations with regard to the terms of this
Security Ins ent or the Note without the co-signer's consent.
Su ject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations der this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's
rights and b neftts under this Security Instrument. Borrower shall not be released from Borrower's obligations and
liability un er this Security Instrument unless Lender agrees to such release in writing. The covenants and
agreements f this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and
assigns of I rider.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's efault, for the purpose of protecting Lender's interest in the Property and rights under this Security
Instrument, ncluding, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any
other fees, a absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not
be construe as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited
by this Sec ity Instrument or by Applicable Law.
If a Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that
the interest r 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 ) any sums already collected from Borrower which exceeded permitted limits will be refunded to
PENNSYt.VA 'IA-.Single Family--Fannie Mae/Freddie Mac UNIFORM ItVST IJMF N7 Form 3039 1/01
nocurrAI (Page 8 of/ 3 pages)
nocUrrae.vrx 1/02/2000
E
9
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 ight 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 trailed by first class mail or when actually delivered to Borrower's notice address if sent by other
means. N tice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly
requires erwise. The notice address shall be the Property Address unless Borrower has designated a substitute
notice ad ress by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If
Lender sp ciftes 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
Instrumen at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class nail
to Lender s 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 la 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.
I . Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest
in the Pro erty" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial
interests ansferrcd in a bond for decd, contract for decd, installment sales contract or escrow agreement, the intent
of which i the transfer of title by Borrower at a future date to a purchaser.
I all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a
natural pc son and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
Lender y require immediate payment in full of all sums secured by this Security Instrument. However, this
option sha I not be exercised by Lender if such exercise is prohibited by Applicable Law.
I Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide
a period f not less than 30 days from the date the notice is given in accordance with Section 15 within which
Borrower ust 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 BorTowcr.
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 d ys before sale of the Property pursuant to any power of sale 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 the would be due under this Security Instrument and the Note as if no acceleration had 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
Instrunten ; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the
PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM mrwimENT Form 3039 1/01
DWJIPA9 (Page 9 of 13 pages)
DOCUIPA9.VTX 11/02/7000
Properly a d rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this
Securi ty I trument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sum-, and
expenses ' 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 d sits are insured by a federal agency, instrt mentality or entity; or (d) Electronic Funds Transfer. Upon
reinstate nt by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if
no acceler lion had occurred. However, this right to reinstate shall not apply in the case of acceleration under
Section 18.
2 . Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the
Note (loge er with this Security Instrument) can be sold one or more times without prior notice to Borrower. A
sale might esuh in a change in the entity (known as the "Loan Servicer'") that collects Periodic Payments due under
the Note a d this Security Instrument and performs other mortgage loan servicing obligations under the Note, this
Security 1 -trument, 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 written notice of the change
which will late the name,and address of the new Loan Servicer, the address to which payments should be made and
any other i orntation KESPA requires in connection with a notice of transfer of servicing. If the Note is sold and
thereafler a 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 assume by the Note purchaser unless otherwise provided by the Note purchaser.
N ither 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 parry's actions pursuant to this Security
Instrument r that alleges that the other party has breached any provision of, or any duty owed by reason of, this
Security I trument, 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 patty hereto a
reasonable eriod 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 para raph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and
the notice f acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
opportunity o take corrective action provisions of this Section 20.
21. Hazardous Substances, As used in this Section 21: (a) "IIa-cardous Substances" are those substances
defined as t xic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances:
gasoline, k osene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
materials co raining asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
laws and la s 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 E vironmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute
to, or othe se trigger an Environmental Cleanup.
Ho ower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, r threaten to release any Hazardous Substances, on or in the Property. Borrower shalt not do, nor allow
anyone else to do, anything affecting the Properly (a) that is in violation of any Environmental Law, (b) which
creates an E vironmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance,
creates a co dition that adversely affects the value of the Property. The preceding two sentences shall not apply to
the presenc , use, or storage on the Property of small quantities of Hazardous Substances that are generally
recognized t be appropriate to normal residential uses and to maintenance of the Property (including, but not
limited to, rdous substances in consumer products).
Bo ower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
other action y any governmental or regulatory agency or private party involving the Property and any Hazardous
Substance o Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition,
including b t not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous
Substance, a d (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely
affects the v lue of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or
any private arty, that any removal or other rernediation of any Hazardous Substance affecting the Property is
PF,NNSYLVA IA--Single Family.-Fannie MatMreddit Msc UNIFORM INSTRUMENT Form 3039 1/01
oocv PA,o (Page J 0 of 13 pager)
OW IPAA.VT11 1 /02/7000
-bk-v-
• •
Nothing h
r
2
Borrower
under See
things: (a
that failu
Instrumei
Borrower
non-exists
not cured
Security
proceedis
Section 1
Applicabl
2
the estate
Security I
Security 1
permitted
2
defects in
laws prov
exemptior
2
prior to th
2
to acquire
2
entered or
Note.
Borrower shalt promptly take all necessary remedial actions in accordance with Environmental law.
rein shall create any obligation on Lender for an Environmental Cleanup.
ON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration
tion 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other
the default; (b) the action required to cure the default; (c) when the default must be cured; and (d)
e to cure the default as specified may result in acceleration of the sums secured by this Security
t, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform
of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the
nce of a default or any other defense of Borrower to acceleration and foreclosure. If the default is
as specified, Lender at its option may require immediate payment in full of all sums secured by this
Instrument without further demand and may foreclose this Security Instrument by judicial
;. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this
including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by
Law.
1. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and
onveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this
strument. Borrower shall pay any recordation costs. bender may charge Borrower a fee for releasing this
strument, but only if the fee is paid to a third party for services rendered and the charging of the fee is
ender Applicable law.
1. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future
ling for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead
i. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour
commencement of bidding at a sheriff's sale or other sale pursuant to this Security instrument.
i. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower
itle to the Property, this Security Instrument shall be a purchase money mortgage.
P. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the
PENNSYLVANIA--Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3039 1/01
UOCUIPAIi (Page I/ of 13 pages)
0=1VAa. VTX 06/24/7002
`*?%"L
• i
SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
td in any Rider executed by Borrower and recorded with it.
- DATE -
PYNNSYLVINIA--Single Family--Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3039 1/01
DOM3PA-I: (Page 12 of 13 pages)
40WIIAL.KIt 6/24/2002
l- -
jSpace Below This Line For Acknowledgment)
PENNSYLVANIA ,
On this the I 21ST day of MARCH, 2003 , before me,
the undersigned officer, personally appeared DONNA L. RHOADS, UNMARRIED
known to r
instrument
In witness
do hereby c
SUITE B
witness my
(or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within
d acknowledged that SHE executed the same for the purposes therein contained.
iercof, I hereunto set my hand and official seal.
NOTARIAL SEAL - '
MARJORIE L. JOHNSON. Notary cj
E nand r ouny Title of OfTicer
le?or 9 80M,
rE OF RESIDENCE I, DOLORES FOY Zau?
Tify that the correct address of the within-named lender is . 1007 LAUREL OAK ROAD,
OORHEES, NJ 08043
and this 21ST day of MARCH, 2003
Agent of Lender DOLORES FOY
PENNSYLVAI
OOCV+Prii
O0CV1 rA . V'TX I
Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
. (Page 13 of 13 pages)
Form 3039 1/01
lJ?
t
^5
f.
{
Y
EXHIBIT Al
ORIGINAL
NOTE xlroAOa
LOAN /: 6523003a
MARCH 21, 2003 CAMP HILL PENNSYLVANIA
[Date] [City] [State]
1812 CARLISLE ROAD, CAMP HILL, PA 17011
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 87,900.00 (this amount is called
"Principal"), plus interest, to the order of the Lender. The Lender is SLM FINANCIAL
CORPORATION
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender nay transfer this Note. The Lender or anyone who takes this Note by transfer
and who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay
interest at a yearly rate of 7.250 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in
Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1ST day of each month beginning on
MAY 1, 2003 . I will nuke these payments every month until 1 have paid all of the
principal and interest and any other charges described below that I may owe under this Note. Each monthly
payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on
APRIL 1, 2033 , I still owe amounts under this Note, I will pay those amounts in full
on that date, which is called the "Maturity Date."
I will make my monthly payments at 1007 LAUREL OAK ROAD, SUITE B,
VOORHEES, NJ 08043 or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. S 599.63
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is
known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that 1 am doing so. I
may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder
.will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder
may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my
Prepayment to reduce the Principal amount of the Note. If I nuke a partial Prepayment, there will be no changes in
the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which seta maximaun loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this 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 me which exceeded permitted limits will be refunded to me. The Note
Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct
payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment.
MULTISTATE FDW RATE NOTE--Single Family-Feanic Mae/Freddle Mac UNIFORM INSTRUMENT Form 3200 rNl
DOCOCrA i (pogo t of 3 pages)
DOMVM.VT% 1/06/2003
?J
0523003B
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the and of 15 calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 %
of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder nay send me a written notice telling me that if I do not pay the overdue
amount by a certain date, the Note Holder may require we to pay immediately the full amount of Principal which
has not been paid and all the interest that I owe on that amount. That date mast be at least 30 days after the date on
which the notice is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have
the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by
applicable law. Those expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will
be given by delivering it or by mailing it by first class nail to me at the Property Address above or at a different
address if I give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing
it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am
given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Now, including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,
including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises
made in this Note. The Note Holder may enforce its rights under this Note against each person individually or
against all of us together. Ibis means that any one of us may be required to pay all of the amounts owed under this
Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of
Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of
Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not
been paid
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in sonic jurisdictions. In addition to the protections
given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"),
dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep
the promises which I make in this Note. That Security Instrument desm'm how and under what conditions I may
be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are
described as follows:
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 sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if such
exercise is prohibited by Applicable Law.
MUL17SfATE FIXED RAPE NOTE-Single Family-Fannie Maefteddie Mac UNIFORM U49MUMENT Form 3200 iNt
aoeocrA2 (page 2 of 3 page)
e0NCtA2.v7X 2/06/2003
(__Q_
w
TVA
If Lender exercises this option, Leader 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, Leader may
invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
BORROWER - DONNA L. RHOADS - DATE - - -
[Sign Original Only]
MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mull? ddie Mae UNIFORM INSTRUMENT For= 3200 INl
000=A3A VTX 1/0612007 (page 3 of 3 peg-)
'7L1 ??
EXHIBIT A2
tv at-101
ASSIGNMENT OF MORTGAGE
KNOW ALL EN BY THESE PRESENTS that `>'b' hereinafter "Assignor" the holder of the Mortgage hereinafter
mentioned, for nd in consideration ofthe sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by WELLS
FARGO BAN N.A. DB/A AMERICAS SERVICING COMPANY, "Assignee," the receipt whereof is hereby
acknowledged, oes hereby grant, bargain, sell, assign, transfer and set over unto the said Assignee, its successors and
assigns, ALL T AT CERTAIN Indenture of Mortgage given and executed by Donna L Rhoads to SLM Financial
Corporation, ing the date 3/21/03, in the amount of $87,900.00, together with the Note and indebtedness therein
mentioned, said Mortgage being recorded on 3/28/03 in the County of Cumberland, Commonwealth of Pennsylvania, in
Mortgage Boo 1802 Page 4355, mortgage was assigned to Mortgage Electronic Registration Systems, Inc.,
recorded on 7/ 9/04 in Book 710 Page 29. MIN: 1000-7010-5001-1652-73
Being Known a Premises: 1812 Carlisle Road, Camp Hill, PA 17011
Parcel No: 13- 3-0547-239
Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to
grow due theren, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and
incidents there nto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same:
TO HAVE, H LD, RECEIVE AND TAKE, all and singular the hereditaments and premises hereby granted and
assigned, or me tioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for
its only proper se, benefit and behoof forever; subject, nevertheless, to the equity of redemption of said Mortgagor in the
said Indenture f Mortgage named, and his/her/their heirs and assigns therein.
IN WITNESS WHEREOF, the said "Assignor" has caused its Co rate Seal to be herein affixed and these presents to
be duly execut d by its proper officers this l day of.A , 20_M.
Sealed and Del
in the presence
Mortgage El t r t Systems, Inc.
By:
Michele M. Bradford, Assistant Secretary )uk Vice President
Attest:
State of
County of Ph
ss.
On this 1 day of i'T.L 20_ 01f, before me, the subscriber, personally appeared
Michele M. B adford, who cknowledged herself to be the Assistant Secretary and Vice President of Mortgage
Electronic R istration Systems, Inc., and that she, as such Assistant Secretary and Vice President, being authorized to
do so, execute the foregoing instrument for the purposes therein contained.
IN
Stamp/Seal:
WHEREOF, I hereunto set my hand and official seal.
r#JIAKFAL SAL
RYAN P GALVIN, Notary Public
City of ftede lphia, PMa. Cm*
Not l
ww.wi?eiwn C......... I'M.....??. 9• ft me
The precise address of the After recording return to:
within named ssignee is: PHELAN HALLINAN & SCHMIEG, L.L.P
3476 Statevie Boulevard One Penn Center
Fort Mill, P 971 1617 J.F.K. Blvd., Ste.1400
By. Philadelphia, PA 19103-1814
2/13/08
Document Execution
1205240188
ALL THAT CERTAIN lot of land being situate in Lower Allen Township,
Cumberland County, Pennsylvania, more particularly described as
follow : Deed dated March 21, 2003 and recorded March 28, 2003 in
Cumberland County. Tax Parcel No. 13-23-0547-239.
?;
??s
S
?•
jt
i'-
y
r.
?{yi..
£
,
r
? ?
j
??
ExgIBIT B
PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS
MOTION FOR SUMMARY JUDGMENT
STATE OF
COUNTY OF York
Carolina
ss.
Valorie Wallace_, being duly sworn according to law, deposes and says:
1. am employed in the capacity of -Vice President of Loan Documentation-
at Wells Fargo Bank, N.A. as its attorney-in-fact for America's Servicing Company, mortgage
servicing agent for Plaintiff in the within matter.
2. In said capacity, I am familiar with the account that forms the basis of the
instant foreclosure action and am authorized to give this Affidavit.
3. am the custodian of records for the within matter.
4. All proper payments made by Defendant have been credited to
Defendant accounts.
5. Defendant's mortgage payments due October 1, 2007 and each month
thereafter are a and unpaid.
6. The amounts due on the mortgage were correctly stated in the Complaint as
follows:
Principal Balance $83,130.82
Interest $2,415.21
eptember 1, 2007 through January 25, 2008
Per Diem $16.43)
Attorney's Fees $1,250.00
Cumulative Late Charges $0.00
March 21, 2003 to January 25, 2008
Cost o Suit and Title Search 550.00
Subtotal $87,346.03
Escrow Credit $0.00
Escrow Deficit 0.00
TOTAL $87,346.03
7. Mortgagor has failed to reinstate the account or offer any reasonable solution to cure the
arrears on the ast due mortgage payments.
8. Plaintif f provided mortgagor with a Notice of Intention to Foreclose Mortgage, but
Defendant did of take the necessary affirmative steps to avoid foreclosure.
9. Plaintif f continues to suffer unjust financial losses as it pays the taxes and insurance on
the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which
accrues to the benefit of Defendant and to the severe detriment of Plaintiff.
10. Plainti properly accelerated its mortgage to protect its interests.
ItJW4 I AAIL
Nam Va rie Wal ace
Title: Vice President of Loan
Documentation
Wells Fargo Bank, N.A. as its
attorney-in-fact for America's
Servicing Company
SWORN TO ND SUBSCRIBED
BEFORE ME HIS 21 st DAY
OF,.,-March ,2008.
Y
Net ry u?lic
tip Qf %QUjh Qarolina
f~1`T
C ME V: PICK
M COMM1800"1 01 k Jan.14, 2018
EXKI$Iry
C
PHELAN HA]
FRANCIS S. I
DANIEL G. S,
MICHELE M.
SHEETAL R.'
JUDITH T. R(
JENINE R. D)
MICHAEL E.
ONE PENN C
1
LINAN & SCHMIEG, LLP
ALLINAN, ESQ., Id. No. 62695
:HMIEG, ESQ., Id. No. 62205
BRADFORD, ESQ., Id. No. 69849
iHAH-JANI, ESQ., Id. No. 81760
MANO, ESQ., Id, No. 58745
VEY, ESQ., Id. No. 87077
:ARLETON, ESQ., Id. No. 203009
,NTER PLAZA, SUITE 1400
IA, PA 19103
169791
Rif
-n
Cam' ca
a..
an ..?
ATTORNEY FOR PLAINTIFF
WELLS FAR BANK, N.A.
DB/A AMERICAS SERVICING COMPANY
3476 STATE VIEW BLVD
FORT MILL, SC 29715
Plaintiff
V.
DONNA L. OADS
1812 CARLISLE ROAD
CAMP HILL, PA 17011
Defendant
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. 08 - (Pqa (;i vi ! Ter K,
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
` .E copy
RETU r
'y ?Uiw'iuJL ??W .,:??' ?v •ii?.?.i"`J'???
?? i ?? '7'' f?t'Al:•
File #; 169791
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 a tering 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 s , 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 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 ICAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE IYOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERV
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 #: 169791
THIS IS THE FIRST NOTICE THAT YOU HAVE
FROM THIS OFFICE, BE ADVISED THAT:
TO THE FAIR DEBT COLLECTION
ACT, 15 U.S.C. § 1692 et seq. (1977),
MAY DISPUTE THE VALIDITY OF THE
OR ANY PORTION THEREOF. IF DEFENDANT(S)
SO IN WRITING WITHIN THIRTY (30) DAYS OF
OF THIS PLEADING, COUNSEL FOR
WILL OBTAIN AND PROVIDE
(S) WITH WRITTEN VERIFICATION
F; OTHERWISE, THE DEBT WILL BE ASSUMED
BE VALID. LIKEWISE, IF REQUESTED WITHIN
(30) DAYS OF RECEIPT OF THIS PLEADING,
FOR PLAINTIFF WILL SEND DEFENDANT(S)
NAME AND ADDRESS OF THE ORIGINAL
IF DIFFERENT FROM ABOVE.
LAW DOES NOT REQUIRE US TO WAIT UNTIL
END OF THE THIRTY (30) DAY PERIOD
FIRST CONTACT WITH YOU BEFORE
G YOU TO COLLECT THIS DEBT. EVEN THOUGH
LAW PROVIDES THAT YOUR ANSWER TO THIS
File N: 169791
MPLAINT IS TO BE FILED IN THIS ACTION WITHIN
(20) DAYS, YOU MAY OBTAIN AN EXTENSION
THAT TIME. FURTHERMORE, NO REQUEST WILL
MADE TO THE COURT FOR A JUDGMENT UNTIL
EXPIRATION OF THIRTY (30) DAYS AFTER YOU
VE RECEIVED THIS COMPLAINT. HOWEVER, IF
REQUEST PROOF OF THE DEBT OR THE NAME
ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THIRTY (30) DAY PERIOD THAT BEGINS UPON
UR RECEIPT OF THIS COMPLAINT, THE LAW
QUIRES US TO CEASE OUR EFFORTS (THROUGH
TION OR OTHERWISE) TO COLLECT THE DEBT
WE MAIL THE REQUESTED INFORMATION TO
OU. YOU SHOULD CONSULT AN ATTORNEY FOR
CONCERNING YOUR RIGHTS AND
.TIONS IN THIS SUIT.
YOU HAVE FILED BANKRUPTCY AND RECEIVED A
E, THIS IS NOT AN ATTEMPT TO COLLECT
DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
ESTATE.
File #: 169791
1. Plaintiff is
WELL FARGO BANK, N.A. DB/A
AME CAS SERVICING COMPANY
3476 S ATEVIEW BLVD
FORT ILL, SC 29715
2. The name(s) and last known address(es) of the Defendant(s) are:
DONN L.RHOADS
1812 CARLISLE ROAD
CAMP LL, PA 17011
who is/ are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 03/21/2003 mortgagor(s) made, executed, and delivered a mortgage upon the
premises hereinafter described to SLM FINANCIAL CORPORATION which mortgage
is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1802,
Page: 4355. By Assignment of Mortgage recorded 07/19/2004 the mortgage was assigned
to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., which Assignment
is reco ed in Assignment of Mortgage Book No. 710, Page 29. PLAINTIFF is now the
legal owner of the mortgage and is in the process of formalizing an assignment of same.
Themortgage and assignment(s), if any, are matters of public record and are incorporated
herein y reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the
Plainti from its obligations to attach documents to pleadings if those documents are of
public
4. The m
ises subject to said mortgage is described as attached.
File 4: 169791
5. The mo? gage is in default because monthly payments of principal and interest upon said
mortga?e due 10/01/2007 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor., the entire principal balance and all interest due
thereon are collectible forthwith.
6. The following amounts are due on the mortgage:
Principal Balance $83,130.82
Interest $2,415.21
09/01/2007 through 01/25/2008
(Per Diem $16.43)
Attorney's Fees $1,250.00
Cumulative Late Charges $0.00
03/21/2003 to 01/25/2008
Cost of Suit and Title Search 550.00
Subtotal $87,346.03
i
Escrow
Credit $0.00
Deficit $0.00
Subtotal 0.00
TOTAL $87,346.03
7. If the m rtgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may
be less an 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 ollect 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 r auires additional fees in excess of the amount demanded in the Action.
File #: 169791
8. 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
receive a discharge of personal liability in a bankruptcy proceeding, this Action of
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
premise pursuant to Pennsylvania Law.
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
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 not ce 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 F
Housing Finance Agency.
File #: 169791
10. This act
exceeds
WHEREFORE
of $87,346.03,
of Judgment, a
and sale of the
does not come under Act 6 of 1974 because the original mortgage amount
,000.
PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum
with interest from 01/25/2008 at the rate of $16.43 per diem to the date
other costs and charges collectible under the mortgage and for the foreclosure
property.
PHELAN HALLINAN & SCHMIEG, LP
By. ?m ?! ';?; -1
F NCIS S. HALLINAN, ESQUIRE
DANIEL G. SCHMIEG, ESQUIRE
MICHELE M. BRADFORD, ESQUIRE
SHEETAL R. SHAH-JANI, ESQUIRE
JUDITH T. ROMANO, ESQUIRE
JENINE R. DAVEY, ESQUIRE
MICHAEL E. CARLETON, ESQUIRE
Attorneys for Plaintiff
File #: 169791
LEGAL DESCRIPTION
ALL THAT
Pennsylvania,
AIN lot of land being situate in Lower Allen Township, Cumberland County,
particularly described as follows:
BEGINNING at a point at a stake on the northwesterly side of Carlisle Road at the distance of
136 feet northe stwardly by same from the northeasterly side of Nineteenth Street 60 feet wide;
thence North 1 degrees 26 minutes West 120 feet crossing a 10 feet wide easement to the
northwesterly side of the said 10 feet easement; thence extending North 79 degrees 34 minutes
East along the northwesterly side of the said 10 feet wide easement 60 feet to a point; thence
extending Sou 10 degrees 26 minutes East 120 feet to the northwesterly side of Carlisle Road;
thence extending South 79 degrees 34 minutes West along the northwesterly side of Carlisle
Road 60 feet t the first mentioned point and place of BEGINNING.
HAVING
Camp Hill, PA
PARCEL NO.
PROPERTY]
erected a one and one-half story from dwelling known as 1812 Carlisle Road,
13-23-0547-239
: 1812 CARLISLE ROAD
File #: 169791
VERIFICATION
I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is
outside a jurisdiction of the Court and/or the verification could not be obtained within
the time lowed for the filing of the pleading, that I am authorized to make this
verificati n pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing
Civil Acti n in Mortgage Foreclosure are based upon information supplied by Plaintiff
and are t e and correct to the best of my knowledge, information and belief.
Furtherm re, counsel intends to substitute a verification from Plaintiff upon receipt.
Th undersigned understands that this statement is made subject to the penalties
of 18 Pa.C S. Sec. 4904 relating to unworn falsifications to authorities.
Attorney for Plaintiff
DATE:
EXHIBIT D
/6q X91
BLEASDALE LAW OFFICE
931 Chislett Street
Pittsburgh, Pennsylvania 15206
Phone (412) 726-7713
Fax (412) 404-8958
March 3, 2008
Francis S. allinan
Phelan H inan & Schmieg, LLP
One Penn enter Plaza, Suite 1400
Philadeln a, PA 19103
Dear Mr.
Mortgage
please find a true and correct copy of Defendants' Answers to Complaint in
)sure, the originals of which were mailed to the Prothonotary this afternoon.
Very truly yours,
Brian J. leasdale
BJB/db
enclosure
WELLS FARGO BANK, N.A. D/B/A COURT OF COMMON PLEAS
AMERICAS SERVICING COMPANY,
Plaintiff,
CIVIL DIVISION
VS.
DONNA ?L. RHOADS,
Defendant.
NO.: 08-642 CIVIL TERM
CUMBERLAND COUNTY
ANSWER TO COMPLAINT IN
MORTGAGE FORECLOSURE
Filed on Behalf of
Defendant
Counsel of Record for
this Party:
Brian J. Bleasdale, Esquire
PA I.D. Pa. I.D. #90576
BLEASDALE LAW OFFICE
931 Chislett Street
Pittsburgh, PA 15206
(412) 726-7713
WELLS ARGO BANK, N.A. D/B/A
AMERICAS SERVICING COMPANY,
Plaintiff,
COURT OF COMMON PLEAS
CIVIL DIVISION
vs.
NO.: 08-642 CIVIL TERM
DONNA
Esquire, a
Foreclosu
1.
2.
3.
4.
5.
belief as
have not
time of t
L. RHOADS,
CUMBERLAND COUNTY
Defendant.
ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE
D NOW, comes Donna L. Rhoads, by and through her attorney, Brian J. Bleasdale,
d the Bleasdale Law Office, and files the following Answer To Complaint In Mortgage
e wherein the following is averred:
Admitted.
Admitted.
Admitted.
Admitted.
Denied. The Defendant is without knowledge or information sufficient to form a
the truth or falsity of the allegation that the mortgage is in default and that all payments
) en submitted, and therefore this allegation is denied and strict proof is demanded at the
6. Denied. The Defendant is without knowledge or information sufficient to form a
belief as to the truth or falsity of the allegation that the stated amounts in Plaintiff's Complaint are
accurate, a d therefore this allegation is denied and strict proof is demanded at the time of trial.
7. Plaintiff's corresponding paragraph is a conclusion of law to which no response is
required.
8. Plaintiff's corresponding paragraph is a conclusion of law to which no response is
required.
9. Denied. The Defendant is without knowledge or information sufficient to form a
belief as t the truth or falsity of the allegation that the appropriate Notice(s) were forwarded
properly t Defendant, and therefore this allegation is denied and strict proof is demanded at the
time of tri .
10 Plaintiff's corresponding paragraph is a conclusion of law to which no response is
required.
WHEREFORE, the Defendant respectfully requests that the Plaintiffs Complaint
be dismis ed with prejudice and that judgment be entered in his favor and against the Plaintiff
plus cost if suit as sustained.
Respectfully submitted,
BLEASDALE LAW OFFICE
By
Counsel for Defendant
VERIFICATION
I,
J. Bleasdale, Esq., verify that the statements made in this Answer to Complaint in
Foreclosure are true and correct to the best of my knowledge, information and belief.
statement is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to
unworn Usification to authorities.
Date (SigRdure_of 6efendant oya tfiorized person)
EXHIBIT E
PO Box 1225
Charlotte, N? 28201-1225
December 2007
0040861106A.191
Donna L. Rhoads
1812 Carlisl Rd.
Camp Hill A 17011
11111111111111111111
7100 4047 5100 4766 6543
RE: America's Servicing Co. Loan Number 1205240188
(s): Donna L. Rhoads
Premises: 1812 Carlisle Rd.
Camp Hill, PA 17011
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This its an o TWO notice that the mortgage on our home is in default and the lender intends to
foreclose. S ecific information about the nature oft a de ault is provided in the attached pages.
The
R'S MORTGAGE ASSISTANCE PROGRAM
save your home. This Notice explains how th
may be able to help to
works.
To see HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice
with you when you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your
Count are listed at the end of this Notice. If you have an questions, you may call the Pennsylvania
Housing Fin nce A envy toll free at 1-800-342-2397. (Persons with impaired hearing can call
(717) 790-19 9). -- -
This otice contains important legal information. If you have any questions, representatives
at the Cons er Credit Counseling Agency may be able to help explain it. You may also want to
contact an attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFI ACION EN ADJUNTO ES DE SUMA IMPORTANCIA, DUES AFECTA SU DERECHO
A CONTINU R VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA
NOTIFICAC ON OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (11 NNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONA O ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO ' HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAI.
PUEDE SAL AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Donna L. Rhoads
PROPERTY ADDRESS: 1812 Cid isle Rd.
Camn Hill. PA 17011
LOAN ACCT. NO: 1205240199
ORIGINAL LENDER:
CURRENT LENDER/SERVICER: America's Servicing Co. _
iMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
rai
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAG ASSISTANCE ACT OF 1993 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY
MORTGAG ASSISTANCE:
• IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL.
• IF YOU VE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYME TS, AND
• IF YOU ET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA
HOUSIN FINANCE AGENCY.
TEMPORA Y STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay
0 orec osur on your mortgage or t irry (30) days from the date of this Notice. During that time
you must arrange and attend a "face--to -face" meetro with one of the consumer credit counseling
agencies list d at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT
CONSUMER CREDIT COUNSELING AGENCIES -- if you meet with one of the consumer credit
counse in agencies listed at the en o t Ws notice the lender may NOT take action against you
for thirty 3 days after the-date of this meeting. "i'he names, addresses and telephone numbers
9-
default.) if,
right to apppi
Prooram. M
Assistance P
listed at the
the program
Housing Fin
of your face-
`orth at the end of this Notice. It is only necessary to schedule one face-to-face
e your lender immediately of your intentions.
IN FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons
to is otice see following pages or specific information about the nature of your
ou have tried and are unable to resolve this problem with the lender, you have the
for financial assistance from the Homeowner's Emergency MortU?agge Assistance
do so, you must fill out, sign and file a completed Homeowner's bMeTSency
ogram Application with one of the designated consumer credit counseling agencies
nd of this Notice. Only consumer credit counseling agencies have applications for
and they will assist you in submitting a complete application to the Pennsylvania
nee Agency. Your application MUST be filed or postmarked within thirty (30) days
o-face meeting.
YOU MU T FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU
DO NO OW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER FORECLOSURE
MAY PROC ED AGAINST YOUR ROME IMMEDIATELY AND YOUR APPLICAI iON FOR
MORTGAG ASSISTANCE WILL BE DENIED.
oojoesllos
AGENCY AC
e ?s urse y
Housing Finan
During that tim
requirements s
Agency of its d ON -- Available funds for emergency mortgage assistance are very limited. They.will
t e Agency under the eligibility criteria established by the Act. The Pennsylvania
a Agency has sixty (60) days to make a decision after it receives your application.
, no foreclosure proceedings will be pursued against you if you have met the time
t forth above. You will be notified directly by tl?e Pennsylvania Housing Finance
cision on your application.
NOTE: I
IN BANKR
PUR YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
PTCY THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
10 SES aNLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT
TO COLLECT THE DEBT.
(If you ave filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO C RE YOUR MORTGAGE DEFAULT (Brio it u to date).
NATURE OF DEFAULT - - The MORTGAGE debt held by the above lender on your property
located at:
PA 17011 __--
HOIL
TS SERTOUSL EFAULT because:
TN
A. YOU HAV NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and
the following a
October 200 ounts are now past due:
_ DerembeT 2M7 S2,2al. 71
Other c arges explain/itemize):- Late Char ems 0.00
Other Fees (if applicable) $0.00
TOTAL AMOU Suspense Amount
NT PAST DUE: 1,952.22
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION
HOW TO CUR THE DEFAULT - - You may cure the default within THIRTY (30 DAYS of the
date IS S o1,952.22o
DUE DURING
check, certified LUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHT6BECOME
THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's
check or money order made payable and sent to., -
America '
PO Box 's Servicing Co.
920, Newark, NJ 07101-1820
You can cure a ny other default by taking the following action within THIRTY (30) DAYS of the date
of this letter:
U
D )T CURE THE - - if you do not cure the default within THIRTY 30 DAY
DEFAULT
o the ate o t rs once, a lender m ds to exercise its rights to accelerate the mortgage de t. Th
means that the
lose the chanc
due is not mad
legal action to entire outs n mg Daance o r e will considered due immediately an you m
to pay the mortga a in monthly installments. If full payment of the total amount past
within THIRTY ($30) DAYS, the lender also intends to instruct its attorneys to start
reclose upon your mortgaged property.
IF THE MOR
to pay o the
before the lend
attorney's fees
a ainst you yyo
tlgey exceew $5
also include of
will not be req AGE IS FORECLOSED UPON - - The mortgaged property will be sold by the Sherif
ortga$e debt. the lender refers your case to its attorneys, but you cure the delinque
r begins legal proceedings against yyou, you will still be required to pay the reasonable
hat were actually incurred, up to 550.00. However, if legal proceedings are started
will have to pay all reasonable attorney's fees actually incurred by the lender even if
.00. Any attorney's fees will be added to the amount you owe the lender which may
er reasonable costs. If you cure the default within the THIRTY (30) DA* period, you
'red to pay attorney'
OTHER LEND ER REMEDIES - - The lender may also sue you personally for the unpaid principal
a ance an a
I other sums ue under the mortgage.
ay
n cy
r 0040861106
f0 CURE THE DEFAULT PRI(
e perno _an
mortgage. C rimg your default in the manner
same srtio as if you had never defaulted.
iHERIFF'S SALE -- If you have not cared the default
osure proceedings have be&un, you.still have the right
your
EARLIEST ]POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a
erg s a o the mortgage property con be held would be approximately six (6) months from
the date of t is Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the
sale. Of cou se, the amount needed to cure the default will increase the longer you wait. You may find
out at any ti e exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: America's Servicing Co.
Address: 3476 Stateview Boulevard
Fort Mill, SC 29715
Phone N tuber: 966-430-0675
Fax Nn her: 903-396-6063
Contact rson: Clarice Townsend
EFFECT O SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of
the mortgga?gg property an your right to occupy it. If you continue to live in the property after the
Sheriff's Sal , a lawsuit to r emove you and your furnishings and other belongings could be started by
the lender a any time.
ASSUMPTI N OF MORTGAGE -- Yon may or may not sell or transfer your home to
a buyer or tans eree who will assume the mortgage debt, provided that all the outstanding payments,
charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements
of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SE L THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT
OR T BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THT S EBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD CCURRED, IF YOU CURE THE DEFAULT.( HOWEVER, YOU DO NOT HAVE
THIS TGHT TO CURE YOUR DEFAULT MORE AN THREE TIMES IN ANY
CALE DAR YEAR.)
• TO AS ERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROC EDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCU ENTS.
• TO AS ERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTT BY THE LENDER.
• TO SE K PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
t
APPENDIX C
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
CUMBERLAA D COUNTY
CCCS of Wes tern Pennsylvania, Inc. Financial Counseling Services of Franklin
2000 Linglest wn Road 31 West 3rd Street
Harrisburg, P 17102 Waynesboro, PA 17268
(717) 541-17 7 (717) 762-3285
FAX# (717) 541-4670
Urban Leagu of Metropolitan Harrisburg YWCA of Carlisle
N. 6th Street 301 G Street
Harrisburg, P 17101 Carlisle, PA 17013
(717) 234-592 5 (717)243-3818
FAX# (717) 34-9459 FAX# (717) 731-9589
Community Action Commission of the Capital Region
1514 Derry Street
Harrisburg, P 17104
(717) 232-97 7
FAX# (717) 34-2227
Adams County Housing Authority
139-143 Carlisle St.
Gettysburg, PA 17325
(717334-1518
FAX (717) 334-8326
The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1 (800) 342-2397.
16
s
VERIFICATION
V
Srivastava, Esquire, hereby states that he is the attorney for Plaintiff in this action,
that he is authorized to make this verification, and that the statements made in the foregoing
Motion for Summary Judgment and Brief are true and correct to the best of his knowledge,
information, d belief. The undersigned understands that this statement herein is made subject to
the penalties f 18 Pa.C.S. §4904 relating to unworn falsification to authorities.
Date
By:
Attorney for Plaintiff
PHELAN LINAN & SCHMIEG, LLP
By: VIVEK RIVASTAVA, ESQUIRE
Identificatio No. 202331
One Penn C rater at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia PA 19103-1814
Wells Fargo ank, N.A.
DB/A Ameri ca's Servicing Company
3476 Statevi Blvd
Fort Mill, S 29715
Plaintiff
VS.
Donna L. Rh ads
1812 Carlisle Road
Camp Hill, S 17011
Defendant
Attorney for Plaintiff
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 08-642 CIVIL TERM
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment
and Brief in Support thereof were sent via first class mail to the person on the_4te listed below:
Brian J. Bleas ale, Esquire
931 Chislett treet
Pittsburgh, P J520j
Date:
By:
iv riy va, Esquire
t ev for Plaintiff
ao
-
-ca I
cN
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PR THONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
Wells Fargo Bank, N.A.
D/B/A America's Servicing Company
(Plaintiff)
vs.
Donna L. Rhoads
(Defendant)
No. 08-642 CIVIL TERM
1. State after to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.): Plaintiffs Motion for Summary Judgment
2. Identify counsel who will argue case:
(a) for plaintiff. Vivek Srivastava, Esquire
Address: Phelan Hallinan & Schmieg, LLP
1617 JFK Blvd.
Suite 1400
Philadelphia, PA 19103
(b) for defendant: Brian J. Bleasdale, Esquire
Address: 931 Chislett Street
Pittsburgh, PA 15206
3. 1 will ?otify all parties in writing within two days that this case has been listed for
4. Argument Cqurt Date: May 28, 2008
Date:
ivek Srivastava, Esquire
Attorney for Plaintiff
?
: `v
rr
cry
cam.
WELLS FARGO BANK, N.A. IN THE COURT OF COMMON PLEAS OF
D/B/A America's Servicing Company CUMBERLAND COUNTY, PENNSYLVANIA
3476 Stateview Blvd.
Fort Mill, SC 29715
PLAINTIFF
V.
DONNA L. RHOADS,
1812 Carlisle Road
Camp Hill, PA 17011
DEFENDANT : NO. 08-0642 CIVIL
IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
BEFORE BAYLEY, J. AND EBERT, J.
ORDER OF COURT
AND NOW, this 9th day of June, 2008, after an examination of the
pleadings, and Plaintiffs brief in support of summary judgment, and the Court
noting that the Defendant has not filed a brief in opposition to summary
judgment, the Court finds that the Defendant has answered the complaint by way
of general denial and there is no genuine issue of material fact remaining
between the parties,
IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion for
Summary Judgment is GRANTED.
IT IS FURTHER ORDERED AND DIRECTED that an in rem judgment is
entered in favor of Plaintiff and against the Defendant, Donna L. Rhoads, in the
amount of $87,346.03 plus interest from January 25, 2008.
By the Court,
Nk-? M. L. Ebert, Jr., J.
ic)
?Vivek Srivastava, Esquire
Attorney for Plaintiff
One Penn Center at Suburban Station
1617 John F. Kennedy Blvd.
Suite 1400
Philadelphia, PA 19103-1814
Donna L. Rhoads
Defendant
1812 Carlisle Road
Camp Hill, PA 17011
bas
0-6p I;E?s rylw LL
L'j(?jc)0
-- PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
One Penn Center at
Suburban Station - Suite 1400
Philadelphia, PA 19103 Attorney for Plaintiff
(215 563-7000
WELLS FARGO BANK, N.A. DB/A AMERICAS
SERVICING COMPANY
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
VS.
DONNA L. RHOADS
: CIVIL DIVISION
. NO. 08 - (ofd OiVi ( IerM
PRAECIPE TO REDUCE ORDER TO JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Summary Judgment in favor of the Plaintiff and against DONNA L. RHOADS , Defendant(s)
in accordance with the Court's Order dated 06/09/2008 . Assess Plaintiff's damages against DONNA L. RHOADS
as follows:
As set forth in the Order
Interest 1/25/08 - 06/09/08
TOTAL
$87,346.03
$2,250.91
$89,596.94
NOTICE PURSUANT WITH RULE 237.1 IS NOT REQUITED IN ACCORDANCE WITH THE
ATTACHED COURT ORDER.
DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: VA6/0?
I
Y
169791
lb q7qt
N%JA
WELLS FARGO BANK, N.A. IN THE COURT OF COMMON PLEAS OF
D/B/A America's Servicing Company CUMBERLAND COUNTY, PENNSYLVANIA
3476 Stateview Blvd. :
Fort Mill, SC 29715 :
PLAINTIFF
V.
DONNA L. RHOADS
1812 Carlin a Road
Camp Hill, PA 17011
DEFENDANT NO. 08-0642 CIVIL
IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
BEFORE BAYLEY, J. AND EBERT, J.
ORDER OF COURT
AND NOW, this 9t?' day of June, 2008, after an examination of the
pleadings, and Plaintiffs brief in support of summary judgment, and the Court
noting that the Defendant has not filed a brief in opposition to. summary
judgment, the Court finds that the Defendant has answered the complaint by way
of general denial and there is no genuine issue of material fact remaining
between the parties,
IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion for
Summary Judgment is GRANTED.
IT IS FURTHER ORDERED AND DIRECTED that an in rem judgment is
entered in favor of Plaintiff and against the Defendant, Donna L. Rhoads, in the
amount of $87,346.03 plus interest from January25, 2008.
By the Court,
I I M. R6 rr . M. L. Ebert, Jr., J.
on Teat "whered, I%t?im i
tad i? a? ? MI+ 1?..
i
702" 'on
f"
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
WELLS FARGO BANK, N.A. D/B/A AMERICAS
SERVICING COMPANY
3476 STATEVIEW BLVD
Plaintiff,
V.
DONNA L. RHOADS
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-642 CIVIL TERM
VERIFICATION OF NON-MILITARY SERVICE
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and.that on information and belief, he has knowledge of the following facts,
to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United States
or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress
of 1940, as amended.
(b) that defendant DONNA L. RHOADS is over 18 years of age and resides at 1812
CARLISLE ROAD, CAMP HILL, PA 17011.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
'c
t
(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
WELLS FARGO BANK, N.A. D/B/A AMERICAS
SERVICING COMPANY
3476 STATEVIEW BLVD
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
v.
DONNA L. RHOADS
CIVIL DIVISION
NO. 08-642 CIVIL TERM
Defendant(s).
Notice is given that a Judgment in the above-captioned matter has been entered against you on
OUI" 9S, 200 .
By:
If you have any questions concerning this matter, please contact:
DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD
NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN
AGAINST PROPERTY."
w
.re
(800) 990-9108
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
Amount Due
Interest from 06/10/2008 - 12/10/2008
(per diem -$14.73 )
Add'1 Costs
TOTAL
$89,596.94
$2,710.32 and Costs
$2,483.50
$94,790.76
DANIEL G. SCHMIEG, ESQUIRE
One Penn Center at Suburban Station J
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
WELLS FARGO BANK, N.A. D/B/A AMERICAS
SERVICING COMPANY
Plaintiff,
V. No. 08-642 CIVIL TERM
DONNA L. RHOADS
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Note: Please attach description of property.No.
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be sold in the absence of a representative of
the plaintiff at the Sheriff's Sale. The sale must be postponed or
stayed in the event that a representative of the plaintiff is not
present at the sale-
169791
O> dz
W ? ? a V
zz
pZ zV O O
Z? H?
OVZ ?
y
p Gp7 Z O O
?Z wd A w?
p d vx V ?-"
v a? w
x ? W W
?a
V
ZO
Y
14
w ? ?o
?
.? 1
z
v
a
0
w
v
b
g ono
q
r-l
0
a
a
x
a
?V
-? A
O
w
?a
a
U
N
il;
b
b
p,
rn
T cn T
k ,?
1/
WELLS FARGO BANK, N.A. D/B/A AMERICAS
SERVICING COMPANY
Plaintiff,
V.
DONNA L. RHOADS
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-642 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
WELLS FARGO BANK, N.A. DB/A AMERICAS SERVICING COMPANY, Plaintiff in the above
action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the
Writ of Execution was filed the following information concerning the real property located at 1812
CARLISLE ROAD, CAMP HILL, PA 17011.
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
-DONNA L. RHOADS 1812 CARLISLE ROAD
CAMP HILL, PA 17011
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Bureau of Compliance, Department
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
280946, Harrisburg,
PA 17128-0946
4. Name and address of last recorded holder of every mortgage of record:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Belco Community Credit Union 403 North 2nd Street
Harrisburg, PA 17101
None
5. Name and address of every other person who has any record lien on the property:
Name
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Internal Revenue Service
Federated Investors Tower
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
1812 CARLISLE ROAD
CAMP HILL, PA 17011
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
6th Floor, Strawberry Sq., Dept. 28061
Harrisburg, PA 17128
13th Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105
BRIAN J. BLEASDALE, ESQ. 931 CHISLETT STREET
PITTSBURGH, PA 15206
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
July 24, 2008
DATE DANIEL G. SCHMIEG, ESQUIRE ILI
Attorney for Plaintiff
C) N
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
WELLS FARGO BANK, N.A. DB/A AMERICAS
SERVICING COMPANY
Plaintiff,
V.
DONNA L. RHOADS .
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-642 CIVIL TERM
CERTIFICATION
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
( ) non-owner occupied
( ) vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DANIEL G. SCHMIEG, ESQUIRF_-,,)
Attorney for Plaintiff
ATTORNEY FOR PLAINTIFF
'
1??p}
V
l
t
_ .rte ,1 f?„l
V
WELLS FARGO BANK, N.A. D/B/A AMERICAS
SERVICING COMPANY
Plaintiff,
V.
DONNA L. RHOADS
Defendant(s).
CUMBERLAND COUNTY
No. 08-642 CIVIL TERM
July 24, 2008
TO: DONNA L. RHOADS
1812 CARLISLE ROAD
CAMP HILL, PA 17011
"THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. **
Your house (real estate) at. 1812 CARLISLE ROAD, CAMP HILL, PA 17011, is scheduled
to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $89„596.94
obtained by WELLS FARGO BANK, N.A. D/B/A AMERICAS SERVICING COMPANY (the
mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in
compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
if
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of land being situate in Lower Allen Township, Cumberland County,
Pennsylvania, more particularly described as follows:
BEGINNING at a point at a stake on the northwesterly side of Carlisle Road at the distance of 136 feet
northeastwardly by same from the northeasterly side of Nineteenth Street 60 feet wide; thence North 10
degrees 26 minutes West 120 feet crossing a 10 feet wide easement to the northwesterly side of the said
10 feet easement; thence extending North 79 degrees 34 minutes East along the northwesterly side of
the said 10 feet wide easement 60 feet to a point; thence extending South 10 degrees 26 minutes East
120 feet to the northwesterly side of Carlisle Road; thence extending South 79 degrees 34 minutes West
along the northwesterly side of Carlisle Road 60 feet to the first mentioned point and place of
BEGINNING.
HAVING thereon erected a one and one-half story from dwelling known as
1812 Carlisle Road, Camp Bill, PA.
Parcel Numbers #1: 13-23-0547-239
TITLE TO SAID PREMISES IS VESTED IN Donna L. Rhoads, by Deed from Mark E. Hilbert and
Elizabeth A. Hilbert, h/w, dated 03/21/2003, recorded 0312812003, in Deed Book 256, page
1344.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-642 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. d/b/a AMERICAS
SERVICING COMPANY, Plaintiff (s)
From DONNA L. RHOADS
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $89,596.94
L.L.$ 0.50
Interest from 6/10/08 - 12/10/08 (per diem - $14.73) - $2,71032 and Costs
Atty's Comm %
Due Prothy $2.00
Atty Paid $160.44 Other Costs $2,483.50
Plaintiff Paid
Date: 7/25/08
rothonota
(Seal) By:
REQUESTING PARTY:
Name: DANIEL G. SCHMIEG, ESQUIRE
Address: PHELAN HALLINAN & SCHMIEG, LLP
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Deputy
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 62205
,.J.
Phelan Hallinan & Schmieg, LLP
By: Daniel G. Schmieg, Esquire
Attorney I.D. No.: 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102
(215) 563-7000
WELLS FARGO BANK, N.A. DB/A AMERICAS
SERVICING COMPANY
Plaintiff,
V.
DONNA L. RHOADS
Defendant.
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-642-CIVIL TERM
Sale Date: DECEMBER 10, 2008
AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE
PURSUANT TO P.R.C.P., 404(2)/403
Daniel G. Schmieg, Esquire, Attorney for Plaintiff, hereby certifies that service of the
Notice of Sheriff's Sale was made by sending a true and correct copy by regular mail to BRIAN
J. BLEASDALE, ESQ., Attorney of Record for Defendant, DONNA L. RHOADS at 931
CHISLETT STREET, PITTSBURGH, PA 15206 on AUGUST 8, 2008.
The undersigned understands that this statement is made subject to the penalties of 18
Pa.C.S. 4904 relating to the unsworn falsification to authorities.
P LAN HALLINAN & SCHMIEG, LLP
By:
DANIEL G. SCHMIEG, ESQUIRE
Dated: August 20, 2008
M
b H
rn
00
U
r z ?.
c. rn
w
rn
? o d
?d O
<z Z
aF z
=? a
0
° C"
OAS :v
?b
R
b?
vn zaz
? d
"n"
oo?n?
0
rv o 7 n.
w 9 w
i`oi g °, 0 5
w^no
_ rn o o ?
° ° °
o
o00?
?`Zv
o w ? o'er
w A ? c
o cn a-
;
n.8
a
w »'
C: 2.o csn??
n>>a
5 ° s
C ? ? tt
A _°.
0m a
6X
R 3'OO?
? o'w °o d
n `? w
yb_?
c ? o
?I ?I NI ?IWINI?I?
D
n
z
C
(D
4
P co
W N b , tz
y ?. ?y `o
cu `d am Q? n
0 y
Cn
CD
c 0
o
vi
?
o
a -ri E3
?xz
-,
o
?o
z
3
`? r 00 CD V)
N G7 ? O 'd cCp "s w n
co CD 0
t.) CD
a .
=Q N?r 0CD ?
N
O 'T] d C N
(D C: c*l
(D CD CD
0
n
r M'
C :3 A? N Sy
c30 c° ' r a rn Ln
w < V w m
N
00 D i
v
x? CD
C)
co v
C)
er o ° a
a)
° o'
t
a t7
n
:z o
a w
tn'
(D
Q
o C H
7 A7
k
N
C"
c LA CD 'r O
O a
D
CD
N O CD C(D
O
0
cs'
a
CD
fi
g?P P N_
t r?IAle
wmw PIT"EY s01ME5
02
000}}`2 .8010 $03-620
8
UAIIEID FROM ZIP CODE 1910 3
O O
o
ocon
y r
? CA ro
0
A
CC" ?
a ?
z
d
a o
y
z3 w
O
O
O Cli
Cd ?
O cn
X ?
N to
rn
tTj
n
coo
r
E b tTj
? a
b
a o
W
0
O
oaz
r CL
e
A W
It d
Ob
~ CD [rITyJ
_`? 0
b
g-
CD
bx?
a (D CD C,
COD
'70
P C ? n
CD r
?r
0
2
D
;a
C`7 rw
?-
`?"
_ c
.,
? ~
?C
_;?
?
`? {
;
r :. ?: ? ? ?'
?.,
tV ? r?-;
?
C7 "
=?c
Y ?
AFFIDAVIT OF SERVICE
PLAINTIFF WELLS FARGO BANK, N.A. DB/A
AMERICAS SERVICING COMPANY
DEFENDANT(S) DONNA L. RHOADS
SERVE DONNA L. RHOADS AT
1812 CARLISLE ROAD
CAMP HILL, PA 17011
CUMBERLAND COUNTY
No. 08-642 CIVIL TERM
ACCT. #169791
Type of Action
- Notice of Sheriffs Sale
Sale Date: DECEMBER 10, 2008
SERVED
Served and made known to DONNA R1+04 D S , Defendant, on the 13+'' day of U6-GlST, 200jf,
at O: 09 , o'clock P.m., at 18 (2 (?4A tStE Q.4A, 04-M ? K t 1-L- , Commonwealth
of Pennsylvania, in the manner described below:
Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Name and Relationship is
Adult in charge of Defendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place of lodging in which Defendant(s) reside(s).
Agent or person in charge of Defendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
Other:
Description: Age Ad 4 Height W Weight g_5_6 Race W Sex F Other
I, (auAt t? Me L L- , a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
Sworn to and subscribed
before me this 13 _ day
of "°'7_ , 200
Notary: By:
P ASE ICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED.
THEOb
NOTARY PUBLIC NOT SERVED
STATE OF NEW JERSEY
1012512012 , 200. at o'clock _.m., Defendant NOT FOUND because:
Moved Unknown No Answer
I't Attempt: Time:
3rd Attempt: / / Time:
Sworn to and subscribed
before me this day
of 1200-.
Notary:
Vacant
2nd Attempt: I / Time:
Attornev for Plaintiff
DANIEL G. SCHMIEG, Esquire - I.D. No. 62205
One Penn Center at Suburban Station, Suite 1400
By: 1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
z?- q(a
T
;
i
? =r
s
„
-; y4i
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
WELLS FARGO BANK, N.A. D/B/A AMERICAS
SERVICING COMPANY
Plaintiff
vs.
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
DONNA L. RHOADS No. 08-642 CIVIL TERM
Defendant
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on January 30,
2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit
"A"
2. Judgment was entered by Court Order dated June 9, 2008. Preacipe for Judgment
was filed on July 25, 2008 in the amount of $89,596.94. A true and correct copy of the praecipe
for judgment is attached hereto, made part hereof, and marked as Exhibit "B".
Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint, i.e. bringing the interest current. However, new items
cannot be added at the time of entry of the judgment.
4. The Property is listed for Sheriffs Sale on December 10, 2008.
5. Additional sums have been incurred or expended on Defendant's behalf since the
Complaint was filed and Defendant has been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance
Interest Through December 10, 2008
Per Diem $16.51
Late Charges
Legal fees
Cost of Suit and Title
Sheriffs Sale Costs
Property Inspections/ Property Preservation
Appraisal/Brokers Price Opinion
Mortgage Insurance Premium /
Private Mortgage Insurance
Non Sufficient Funds Charge
Suspense/Misc. Credits
Escrow Deficit
TOTAL
$83,130.82
$7,685.11
$0.00
$1,500.00
$1,214.00
$0.00
$120.00
$0.00
$0.00
$0.00
($284.51)
$2,119.55
$95,484.97
6. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendant.
8. Plaintiff's foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiff's attached brief.
9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on October 6, 2008 and
requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant.
A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit "C".
10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that
Judge Ebert entered an order for Summary Judgment dated June 9, 2008.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
P 11' 4,E g, LLP
DATE: 4 D? By:
Michele M. Bradire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
WELLS FARGO BANK, N.A. DB/A AMERICAS
SERVICING COMPANY
Plaintiff
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
VS.
No. 08-642 CIVIL TERM
DONNA L. RHOADS
Defendant
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
1. BACKGROUND OF CASE
DONNA L. RHOADS executed a Promissory Note agreeing to pay principal, interest, late
charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as
these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at
1812 CARLISLE ROAD, CAMP HILL, PA 17011. The Mortgage indicates that in the event a
default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance,
and other items, in order to protect the security of the Mortgage.
In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly, after it was clear that the default would not be
cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments
tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp v Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. vs Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v Cion oli, 407 Pa. Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445
Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendant as it imputes no personal liability.
In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa.
Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is
also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance
premiums, fire insurance premiums, taxes and other assessments relating to the Property. The
mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant
unjust financial losses on this loan.
III. THE FORECLOSURE JUDGMENT IS IN REM ONLY
The within case is a mortgage foreclosure action, the sole purpose of which is to take the
mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff.
IV. INTEREST
The Mortgage clearly requires that the Defendant shall promptly pay when due the principal
and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be
charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior
to the date of default through the date of the impending Sheriff s sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
Most importantly, the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
VI. ATTORNEY'S FEES
The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance
with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly
concluded that a request of five percent of the outstanding principal balance is reasonable and
enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and
Loan Association v Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v Fetner, the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent
included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville
Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable
Court's equitable authority to set attorney's fees and costs as it deems reasonable.
VII. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE:
ieg, LLP
By:
Michele M. Bradford, squire
Attorney for Plaintiff
Exhibit "A"
PHELAN HALLINAN & SCHMIEG, LLP
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
DANIEL G. SCHMIEG, ESQ., Id. No. 62205
MICHELE M. BRADFORD, ESQ., Id. No. 69849
SHEETAL R: SHAH-JANI, ESQ., Id. No. 81760
JUDffH T. ROMANO , ESQ., Id, No. 58745
JENINE R. DAVEY, ESQ., Id. No. 87077
MICHAEL E. CARLETON, ESQ., Id. No. 203009
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000 169791
WELLS FARGO BANK, N.A.
D/B/A AMERICAS SERVICING COMPANY
3476 STATEVIEW BLVD
FORT MILL, SC 29715
Plaintiff
V.
DONNA L. RHOADS
1812 CARLISLE ROAD
CAMP HILL, PA 17011
Defendant
z? r°
! 3a
Cv
O O
f
? w
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. os - Lpya 0 Ter
CUMBERLAND COUNTY
CIVIL ACTION - LAW
?, COMPLAINT IN MORTGAGE FORECLOSURE
E COPY
'LEASE R TLII-R
3
_ i.
File k: 169791
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 #: 169791
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 #: 169791
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 #: 169791
1. Plaintiff is
WELLS FARGO BANK, N.A. DB/A
AMERICAS SERVICING COMPANY
3476 STATEVIEW BLVD
FORT MILL, SC 29715
2. The name(s) and last known address(es) of the Defendant(s) are:
DONNA L. RHOADS
1812 CARLISLE ROAD
CAMP HILL, PA 17011
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 03/21/2003 mortgagor(s) made, executed, and delivered a mortgage upon the
premises hereinafter described to SLM FINANCIAL CORPORATION which mortgage
is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1802,
Page: 4355. By Assignment of Mortgage recorded 07/19/2004 the mortgage was assigned
to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., which Assignment
is recorded in Assignment of Mortgage Book No. 710, Page 29. 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.
File #: 169791
5.
6.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 10/01/2007 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
The following amounts are due on the mortgage:
Principal Balance $83,130.82
Interest $2,415.21
09/01/2007 through 01/25/2008
(Per Diem $16.43)
Attorney's Fees $1,250.00
Cumulative Late Charges $0.00
03/21/2003 to 01/25/2008
Cost of Suit and Title Search 550.00
Subtotal $87,346.03
Escrow
Credit $0.00
Deficit $0.00
Subtotal 0.00
TOTAL $87,346.03
7.
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.
File 4: 169791
8. 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.
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.
File #: 169791
10. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum
of $87,346.03, together with interest from 01/25/2008 at the rate of $16.43 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, LP
By.
FMC IS S. HALLINAN, ESQUIRE
DANIEL G. SCHMIEG, ESQUIRE
MICHELE M. BRADFORD, ESQUIRE
SHEETAL R. SHAH-JANI, ESQUIRE
JUDITH T. ROMANO, ESQUIRE
JENINE R. DAVEY, ESQUIRE
MICHAEL E. CARLETON, ESQUIRE
Attorneys for Plaintiff
File #: 169791
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of land being situate in Lower Allen Township, Cumberland County,
Pennsylvania, more particularly described as follows:
BEGINNING at a point at a stake on the northwesterly side of Carlisle Road at the distance of
136 feet northeastwardly by same from the northeasterly side of Nineteenth Street 60 feet wide;
thence North 10 degrees 26 minutes West 120 feet crossing a 10 feet wide easement to the
northwesterly side of the said 10 feet easement; thence extending North 79 degrees 34 minutes
East along the northwesterly side of the said 10 feet wide easement 60 feet to a point; thence
extending South 10 degrees 26 minutes East 120 feet to the northwesterly side of Carlisle Road;
thence extending South 79 degrees 34 minutes West along the northwesterly side of Carlisle
Road 60 feet to the first mentioned point and place of BEGINNING.
HAVING thereon erected a one and one-half story from dwelling known as 1812 Carlisle Road,
Camp Hill, PA.
PARCEL NO. 13-23-0547-239
PROPERTY BEING: 1812 CARLISLE ROAD
File #: 169791
VERIFICATION
I hereby state that I am the 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 of the pleading, that I am 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 my knowledge, information and belief.
Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt.
The undersigned understands that this statement is made subject to the penalties
of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities.
w
Attorney for Plaintiff
DATE: S 0
Exhibit "B"
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
' Identification No. 62205
One Penn Center at
Suburban Station - Suite 1400
Philadelphia, PA 19103 Attorney for Plaintiff
(215) 563-7000
WELLS FARGO BANK, N.A. DB/A AMERICAS
SERVICING COMPANY
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
VS.
DONNA L. RHOADS
: CIVIL DIVISION
68-jya
NO. h?
PRAECIPE TO REDUCE ORDER TO JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Summary Judgment in favor of the Plaintiff and against DONNA L. RHOADS , Defendant(s)
in accordance with the Court's Order dated 06/09/2008. Assess Plaintiffs damages against DONNA L. RHOADS
as follows: _
0
S W
Z!'I! L
' ; ?;, c n
HI
M
HIM
As set forth in the Order
$87,346.03 i:S cn
C?
Interest 1/25/08 - 06/09/08 $2,250.91 0 2
TOTAL $89,596.94 r
,
w
NOTICE PURSUANT WITH RULE 237.1 IS NOT REQUITED IN ACCORDANCE WITH THE
ATTACHED COURT ORDER.
DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED. 'a I It
DATE: 7? g
/ PRO PRO
169791
Exhibit "C"
PHELAN HALLINAN & SCHMIEG, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
michele.bradford@fedphe.com
Michele M. Bradford, Esquire
Representing Lenders in
Pennsylvania and New Jersey
October 6, 2008
DONNA L. RHOADS
1812 CARLISLE ROAD
CAMP HILL, PA 17011
RE: WELLS FARGO BANK, N.A. DB/A AMERICAS SERVICING COMPANY
vs. DONNA L. RHOADS
Premises Address: 1812 CARLISLE ROAD CAMP HILL, PA 17011
CUMBERLAND County CCP, No. 08-642 CIVIL TERM
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment. Please
respond to me within Friday, October 10, 2008.
Should you have further questions or concerns, please do not hesitate to contact me.
Otherwise, please be guided accordingly.
y yo
tqg ,
Miche a MMBraiiord, Esquire
For Phelan Hallinan & Schmieg, LLP
Enclosure
O
O
a?
w.0
U
Q ?
o
zU
as
a0
b d
h ?
6>
'o cn
z<0
a
?
?
o
0
do
A
E e v
li, £0 t6 L 300
0dIZ W021d O31
7
800 c
,
1b
90100 W
` O L08 6,7b000
Wet
o
- 5
a
kvt eo
®A1N11d ® .o
v 4 C 6
f7 \
®i? .7? O O
r 00 Al
,. . N 'E ::
py .e
y
y ai ? w
kn ? 0
E u
. y .?
3
V 0
O
L
^
1?1 U
L
O N O
cL a
a O-0
??o
w
w0?=
owe
0 'c'
N
E.
0
? A E
r,
m
y oo
b
Q O W
a
E rx
.
a
x
o
y U
^
U
Cy d u
W ° w
w 000
W
C Q
? Q
"Cf W
V U
V
a
o ? ? G 0.r
z Q ?
o
a
r h
v v
y
'?
a>
a N M ?o t? 00 0, "? N cn z
[-° a
VERIFICATION
Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this
action, that she is authorized to make this verification, and that the statements made in the foregoing
Motion to Reassess Damages are true and correct to the best of her knowledge, information and
belief. The undersigned understands that this statement herein is made subject to the penalties of 18
Pa. C.S. §4904 relating to unsworn falsification to authorities.
Mad mieg, LLP
DATE: By:
Michele . , squire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
WELLS FARGO BANK, N.A. D/B/A AMERICAS
SERVICING COMPANY
Plaintiff
VS.
DONNA L. RHOADS
Defendant
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 08-642 CIVIL TERM
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individuals on the date indicated below.
DONNA L. RHOADS
1812 CARLISLE ROAD
CAMP HILL, PA 17011
DATE:
BRIAN J. BLEASDALE, ESQUIRE
931 CHISLETT ST.
PITTSBURGH, PA 15206
a an S hmieg, LLP
By:
Michele M. Bradford, E quire
Attorney for Plaintiff
r~ ,'?a
cn
C q„r
WELLS FARGO BANK, N.A., d/b/a
AMERICAS SERVICING COMPANY,
Plaintiff
V.
DONNA L. RHOADS
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-0642 CIVIL
ORDER OF COURT
AND NOW, this 20th day of October, 2008, upon conside
Motion to Reassess Damages,
IT IS HEREBY ORDERED AND DIRECTED that:
of the Plaintiff's
1. A rule is issued upon the defendant to show cause why the plaintiff is not
entitled to the relief requested;
2. The defendant will file an answer on or before November 10, 2008;
3. A copy of said answer will be filed with this Court;
4. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting
Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause,
the Court will determine if further order of court or a hearing is required.
By the Cou
Michele M. Bradford, Esquire
Attorney for Plaintiff/Petitioner
Donna L. Rhoads
/Defendant
? Brian J. Bleasdale, Esquire
bas
iPS rn?li
12(T
A' M. L. Ebert, r.,
9 S :01 v 03 100 &OOZ
31Ai JO
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
WELLS FARGO BANK, N.A. DB/A AMERICAS
SERVICING COMPANY
Plaintiff
VS.
DONNA L. RHOADS
Defendant
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 08-642 CIVIL TERM
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a
Rule Return date of C? ?X was sent to the following individual on the date indicated
below..
DONNA L. RHOADS
1812 CARLISLE ROAD
CAMP HILL, PA 17011
DATE: b p
BRIAN J. BLEASDALE, ESQIRE
931 CHISLETT ST.
PITTSBURGH, PA 15206
Phelan Hallin & Schmieg, LLP
By: _
r i h e . Bradford, Esquire
Attorney for Plaintiff
t"? Q ru°?
?W --r;
,?
cis
sv :_ .. ??
- ?--
-?
-
Y? ,
_+ ?;
t +"'s
?..? {
t'..?7 .-,7?
aw
WELLS FARGO BANK, N.A. DB/A AMERICAS
SERVICING COMPANY
Plaintiff,
V.
DONNA L. RHOADS
Defendant(s).
WRLIA FARGO BANK, N.A. D/R/A AMERICAS SERVICING COMPANY, Plaintiff in
the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the
Praecipe for the Writ of Execution was filed the following information concerning the real
property located at 1812 CARLISLE ROAD, CAMP HILL, PA 17011 .
AMENDED
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. l)
1. Name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Capital One Bank (USA), NA.
James C. Warmbrodt, Esquire for
Capital One Bank (USA), NA.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-642 CIVIL TERM
1500 Capital One Drive
Richmond, VA 23238
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities.
.1
November 10,E . A-,w
DATE DANIEL G. SC IEG, ESQU
Attorney for Plaintiff
P*
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A. DB/A AMERICAS
SERVICING COMPANY
Plaintiff
V.
DONNA L. RHOADS
Defendant(s)
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-642 CIVIL TERM
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND COUNTY ) SS:
Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was
filed the following information concerning the real property located at: 1812 CARLISLE ROAD, CAMP
HILL, PA 17011.
As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner
required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the
Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the
Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal
Service is attached for each notice.
P
ANIEL G. SC MI , ESQUIRE
Attorney for Plaintiff
Date: November 10, 2008
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff, i may not he sold in the
ahsence of a representative of the plaintiff at the Sheriff.,; Sale. The sale must be postponed or stayed in the
event that a representative of the plaintiff is not present at the sale.
169791
r
lot
Iva,
24
TO 18 3. OAZ YM MC ,
000
zw *Otww t LOS
a
I
Ii
V
1
t?
ca
.r
i?F Y? d
L.i +vp
li .1c I I
c?a
die
sr, A.
-- V, 110 it.
A 14- 111
r
r
I
2>o
Od1Z joa.4a31PdW
£OL6L 3M0 ?.?
8002 t?Z 100 0 L09 ?Zt+000 • ? ? ?
JN1 z o
196
Ica. Z)
AIN2a
? gw
aA
o
0 &a
?pg0?pq
??ti ego ?
Z
m
a m
b
0 ", N M h n 00 pti Q N x
a
R
4°3
LWIUJ
CD
-1:
C'J
Wells Fargo Bank, N.A. d/b/a Americas In the Court of Common Pleas of
Servicing Company Cumberland County, Pennsylvania
VS Writ No. 2008-642 Civil Term
Donna L. Rhoads
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on
September 03, 2008 at 1910 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendant, to wit: Donna L.
Rhoads by making known unto Donna Rhoads personally, at 1812 Carlisle Road, Camp Hill,
Cumberland County, Pennsylvania its contents and at the same time handing to her personally the
said true and correct copy of the same.
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on
October 11, 2008 at 0936 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster
and Description, in the above entitled action, upon the property of Donna L. Rhoads, located at
1812 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the within named defendant, to wit: Donna L.
Rhoads, by regular mail to her last known address of 1812 Carlisle Road, Camp Hill, PA
17011.This letter was mailed under the date of October 6, 2008 and never returned to the Sheriffs
Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAYED per letter of request from Attorney Daniel Schmieg.
Sheriff s Costs:
Docketing 30.00
Poundage 16.26
Advertising 15.00
Posting Bills 15.00
Law Library .50
Prothonotary 2.00
Mileage 32.00
Levy 15.00
Surcharge 20.00
Law Journal 355.00
Patriot News 313.58
Share of Bills 14.92
$ 829.26
So Answers:
R. Thomas Kline, Sheriff
BY ?f Vt
Real Estate Deputy
/?G?SY
? r
1 WELLS FARGO BANK, N.A. D/B/A AMERICAS
SERVICING COMPANY
Plaintiff,
R V. .
DONNA L. RHOADS
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-642 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
WELLS FARGO BANK, N.A. DB/A AMERICAS SERVICING COMPANY Plaintiff in the above
action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the
Writ of Execution was filed the following information concerning the real property located at 1812
CARLISLE ROAD, CAMP HILL, PA 17011.
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
DONNA L. RHOADS 1812 CARLISLE ROAD
CAMP HILL, PA 17011
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Bureau of Compliance, Department
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
280946, Harrisburg,
PA 17128-0946
None
4. Name and address of last recorded holder of every mortgage of record:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Belco Community Credit Union 403 North 2nd Street
Harrisburg, PA 17101
None
5. Name and address of every other person who has any record lien on the property:
,A ,
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
'none
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Internal Revenue Service
Federated Investors Tower
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
1812 CARLISLE ROAD
CAMP HILL, PA 17011
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
6th Floor, Strawberry Sq., Dept. 28061
Harrisburg, PA 17128
13th Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105
BRIAN J. BLEASDALE, ESQ. 931 CHISLETT STREET
PITTSBURGH, PA 15206
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
July 24, 2008
DATE DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
i
WELLS FARGO BANK, N.A. D/B/A AMERICAS
SERVICING COMPANY
Plaintiff,
V.
DONNA L. RHOADS
Defendant(s).
CUMBERLAND COUNTY
No. 08-642 CIVIL TERM
July 24, 2008
TO: DONNA L. RHOADS
1812 CARLISLE ROAD
CAMP HILL, PA 17011
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY"
Your house (real estate) at, 1812 CARLISLE ROAD, CAMP HILL, PA 17011, is scheduled
to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $89,596.94
obtained by WELLS FARGO BANK, N.A. DB/A AMERICAS SERVICING COMPANY (the
mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in
compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
ry
r You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of land being situate in Lower Allen Township, Cumberland County,
Pennsylvaniamore particularly described as follows:
BEGIN1YING at a point at a stake on the northwesterly side of Carlisle Road at the distance of 136 feet
northeastwardly by same from the northeasterly side of Nineteenth Street 60 feet wide; thence North 10
degrees 26 minutes West 120 feet crossing a 10 feet wide easement to the northwesterly side of the said
10 feet easement; thence extending North 79 degrees 34 minutes East along the northwesterly side of
the said 10 feet wide easement 60 feet to a point; thence extending South 10 degrees 26 minutes East
120 feet to the northwesterly side of Carlisle Road; thence extending South 79 degrees 34 minutes West
along the northwesterly side of Carlisle Road 60 feet to the first mentioned point and place of
BEGINNING.
HAVING thereon erected a one and one-half story from dwelling known as
1812 Carlisle Road, Camp Hill, PA.
Parcel Numbers #1: 13-23-0547-239
TITLE TO SAID PREMISES IS VESTED IN Donna L. Rhoads, by Deed from Mark E. Hilbert and
Elizabeth A. Hilbert, h/w, dated 03/21/2003, recorded 03/28/2003, in Deed Book 256, page
1344.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-642 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. d/b/a AMERICAS
SERVICING COMPANY, Plaintiff (s)
From DONNA L. RHOADS
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $89,596.94
L.L.$ 0.50
Interest from 6/10/08 - 12/10/08 (per diem - $14.73) - $2,710.32 and Costs
Atty's Comm %
Due Prothy $2.00
Atty Paid $160.44 Other Costs $2,483.50
Plaintiff Paid
Date: 7/25/08
Prothonotary
4*7
(Seal) By:
Deputy
REQUESTING PARTY:
Name: DANIEL G. SCHMIEG, ESQUIRE
Address: PHELAN HALLINAN & SCHMIEG, LLP
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 62205
Real Estate Sale #09
On August 15, 2008 the Sheriff levied upon the
defendant'-s interest in the real property situated in
Lower Allen Township, Cumberland County, PA
Known and numbered as 1812 Carlisle Road, Camp Hill
more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: August 15, 2008 By:
j6d"vim
Real E tate Sergeant
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
. ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 31, 2008
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
r--
ish Marie Coyne, Edi
SWOR"O AND SUBSCRIBED before me this
31 day of October. 2008
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
MY Commission Expires Apr 28, 2 )
SAL RSTATB RALS NO. 9
Writ No. 2008-642 Civil
Wells Fargo Bank, N.A. d/b/a
Americas Servicing Company
vs.
Donna L. Rhoads
Atty.: Daniel Schmieg
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of land
being situate in Lower Allen Town-
ship, Cumberland County, Pennsyl-
vania, more particularly described
as follows:
BEGINNING at a point at a stake
on the northwesterly side of Carlisle
Road at the distance of 136 feet
northeastwardly by same from the
northeasterly side of Nineteenth
Street 60 feet wide; thence North 10
degrees 26 minutes West 120 feet
crossing a 10 feet wide easement to
the northwesterly side of the said
10 feet easement; thence extending
North 79 degrees 34 minutes East
along the northwesterly side of the
said 10 feet wide easement 60 feet
to a point; thence extending South
10 degrees 26 minutes East 120 feet
to the northwesterly side of Carlisle
Road; thence extending South 79
degrees 34 minutes West along the
northwesterly side of Carlisle Road
60 feet to the first mentioned point
and place of BEGINNING.
HAVING thereon erected a one
and one-half story from dwelling
known as 1812 Carlisle Road, Camp
Hill, PA.
Parcel Numbers # 1: 13-23-0547-
239.
TITLE TO SAID PREMISES IS
VESTED IN Donna L. Rhoads, by
Deed from Mark E. Hilbert and
Elizabeth A. Hilbert, h/w, dated
03/21/2003, recorded 03/28/2003,
in Deed Book 256, page 1344.
-The Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8213
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
ZIJe Patriot-'dews
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot.-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
10/29/08
11105/08
11/12108
Sworn to andl?/subecribed before me this 25 day of November, 2008 A.D.
1 ?
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Sea!
Sherri L. Kisner, Notary Public
L?/ ?ihOPHarrigbur?Dauphin County
GmmMssiion Eupims Nov. 26, 2011
Member, Pennsvlvania ssociation of Notaries`
Real Estate Safe No. 9
Writ No. 2WO442 CWH Term
WOOS Far90 i Bank, N.A. dlbt/a
Vs-:
Do" L Rhoads
A sy Do"Schmiag
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of land being situate
in Lower Allen Township, Cumberland County.
Pennsylvania, more particularly described as
follows:
BEGINNING at a point at a stake on the
northwesterly side of Carlisle Road at the
distance of 136 feet northeastwardly by same
from the northeasterly side of Nineteenth Street
60 feet wide; thence North 10 degrees 26
minutes West 120 feet crossing a 10 feet wide
easement to the northwesterly side of the said 10
feet easement; thence extending North 79
degrees 34 minutes East along the northwesterly
side of the said 10 feet wide easement 60 feet to
a point; thence extending South 10 degrees 26
minutes East 120 feet to the northwesterly side
of Carlisle Road; thence extending South 79
degrees 34 minutes West along the
northwesterly side of Carlisle Road 60 feet to
the first mentioned point and place of
BEGINNING.
HAVING thereon erected a one and one-half
story from dwelling known as
1812 Carlisle Road, Camp Hill, PA.
Parcel Numbers #I: 13-23-0547-239
TITLE TO SAID PREMISES IS VESTED IN
Donna L. Rhoads, by Deed from Mark E.
Hilbert and Elizabeth A. Hilbert, hlw, dated 03(
2112003, recorded 0312912003, in Deed Book
56, page 1344.
2
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
WELLS FARGO BANK, N.A. DB/A AMERICAS
SERVICING COMPANY
Plaintiff
VS.
DONNA L. RHOADS
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
: No. 08-642 CIVIL TERM
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Plaintiff hereby withdraws its Motion to Reassess Damages, filed on o z? •S
in the above referenced action.
DATE: /-01 By:
Phelan Hallinan & Schmieg, LLP
Michele M. Bradford, Esquire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
WELLS FARGO BANK, N.A. DB/A AMERICAS
SERVICING COMPANY
Plaintiff
vs.
DONNA L. RHOADS
Defendant
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 08-642 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion
to Reassess Damages was served upon the following interested parties on the date indicated
below.
DONNA L. RHOADS
1812 CARLISLE ROAD
CAMP HILL, PA 17011
BRIAN J. BLEASDALE, ESQUIRE
931 CHISLETT ST.
PITTSBURGH, PA 15206
DATE: / /V' BY:
Phelan Hallinan & Schmieg, LLP
Michele M. Bradford, Esquire
Attorney for Plaintiff
r
7
t?s, ? rn r''
r