HomeMy WebLinkAbout08-2949PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
DANIEL G. SCHMIEG, ESQ., Id. No. 62205
MICHELE M. BRADFORD, ESQ., Id. No. 69849
JUDITH T. ROMANO, ESQ., Id. No. 58745
SHEETAL SHAH-JANI, ESQ., Id. No. 81760
JENINE R. DAVEY, ESQ., Id. No. 87077
MICHAEL E. CARLETON, ESQ., Id. No. 203009
VIVEK SRIVASTAVA, ESQ., Id. No. 202331
JAY B. JONES, ESQ., Id. No. 86657
PETER MULCAHY, ESQ., Id. No. 61791
ANDREW SPIVACK, ESQ., Id. No. 84439
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000 175236
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSMC ARMT 2006-3
3476 STATEVIEW BLVD
FORT MILL, SC 29715
V.
Plaintiff
LEONARD HEDRICK, JR
BONNIE HEDRICK
109 SOUTHSIDE DRIVE
NEWVILLE, PA 17241
Defendants
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. O8 aQ44 at vi ( Tielrrn
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 175236
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 #: 175236
IF THIS IS THE FIRST NOTICE THAT YOU HAVE
RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE
DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S)
DO SO IN WRITING WITHIN THIRTY (30) DAYS OF
RECEIPT OF THIS PLEADING, COUNSEL FOR
PLAINTIFF WILL OBTAIN AND PROVIDE
DEFENDANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED
TO BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)
THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL
THE END OF THE THIRTY (30) DAY PERIOD
FOLLOWING FIRST CONTACT WITH YOU BEFORE
SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH
THE LAW PROVIDES THAT YOUR ANSWER TO THIS
COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN
File #: 175236
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
OALIGATIONS 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 #: 175236
Plaintiff is
US BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR CSMC ARMT 2006-3
3476 STATEVIEW BLVD
FORT MILL, SC 29715
2. The name(s) and last known address(es) of the Defendant(s) are:
LEONARD HEDRICK, JR
BONNIE HEDRICK
109 SOUTHSIDE DRIVE
NEWVILLE, PA 17241
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 04/14/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC., AS A NOMINEE FOR ACT LENDING CORPORATION DOING BUSINESS
AS ACT MORTGAGE CAPITAL which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Mortgage Book No. 1947, Page 2734. The
PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing
an assignment of same. The mortgage and assignment(s), if any, are matters of public
record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g);
which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if
those documents are of public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 12/01/2007 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.
File #: 175236
6. The following amounts are due on the mortgage: $116,776.96
Principal Balance $3,779.41
Interest
11/01/2007 through 05/07/2008 $1,250.00
Attorney's Fees $136.56
Cumulative Late Charges
04/14/2006 to 05/07/2008 Cost of Suit and Title Search $550.00
$12 .93
Subtotal
Escrow $0.00
Credit
Deficit $2,752.16
Subtotal 2 7?-'-52' 16
TOTAL $125,245.09
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.
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
File #: 175236
Notice of Default as required by the mortgage document, as applicable, have been sent to
the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by
said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff
or an authorized consumer credit counseling agency, or has/have been denied assistance
by the Pennsylvania Housing Finance Agency.
10. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
11. This action does not come under Act 91 of 1983 because the mortgage premises is not the
principal residence of Defendant(s).
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum
of $125,245.09, together with interest from 05/07/2008 at the rate of $27.19 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.
HALLINAN & SCHMIEG, LLP
By:
LA OSS. T. PHELAN, ES UIRE
FRAN HALLINAN, ESQUIRE
DANIEL G. SCHMIEG, ESQUIRE
MICHELE M. BRADFORD, ESQUIRE
JUDITH T. ROMANO, ESQUIRE
SHEETAL R. SHAH-JANI, ESQUIRE
JENINE R. DAVEY, ESQUIRE
MICHAEL E. CARLETON, ESQUIRE
VIVEK SRIVASTAVA, ESQUIRE
JAY B. JONES, ESQUIRE
PETER MULCAHY, ESQUIRE
ANDREW SPIVACK, ESQUIRE
Attorneys for Plaintiff
File #: 175236
LEGAL DESCRIPTION
ALL that certain lot of ground situate in the Borough of Mount Holly Springs, County of
Cumberland and State of Pennsylvania, bounded and described in accordance with a survey and
plan thereof made by Ernest J. Walker, Prof. Eng., dated July 24, 1964, as follows:
BEGINNING at a point on the southwest side of East Street, said point being 50 feet northwest
of South Street; thence extending along land now or formerly of Virgil Miller South 43 degrees
45 minutes West 180 feet to a point on the northeast side of an alley (presently unopened);
thence along the same North 46 degrees 15 minutes West 91 feet to a corner of land now or
formerly of Thomas K. Nell; thence along said land North 43 degrees 45 minutes East 180 feet to
a point on the southwest side of East Street aforesaid; thence along the same South 46 degrees 15
minutes east 91 feet to the point and place of BEGINNING.
HAVING thereon erected a one-story frame dwelling known as No. 10 East Street.
PARCEL: 23-32-2336-112
File #: 175236
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 unsworn falsifications to authorities.
)oey for Plaintiff
DATE: g b
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CASE NO: 2008-02949 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
US BANK NATIONAL ASSOCIATION
VS
HEDRICK LEONARD JR ET AL
MARK CONKLIN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
HEDRICK LEONARD JR the
DEFENDANT , at 1355:00 HOURS, on the 14th day of May 2008
at 109 SOUTHSIDE DRIVE
NEWVILLE, PA 17241 by handing to
BONNIE HEDRICK WIFE
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.00
Affidavit .00
Surcharge 10.00
.00
ti/c fvF ? 38.00
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
05/15/2008
PHELAN HALLINAN SCHMIEG
By.
eputy Sheriff
A. D.
CASE NO: 2008-02949 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
US BANK NATIONAL ASSOCIATION
VS
HEDRICK LEONARD JR ET AL
MARK CONKLIN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
HEDRICK BONNIE the
DEFENDANT
at 1355:00 HOURS, on the 14th day of May , 2008
at 109 SOUTHSIDE DRIVE
NEWVILLE, PA 17241
by handing to
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
05/15/2008
PHELAN HALLINAN SCHMIEG
By.
Deputy heriff
A. D.
• SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02949 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
US BANK NATIONAL ASSOCIATION
VS
HEDRICK LEONARD JR ET AL
MARK CONKLIN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
HEDRICK LEONARD JR the
DEFENDANT
at 1355:00 HOURS, on the 14th day of May , 2008
at 10 EAST STREET
MT HOLLY SPRINGS. PA 17065
BONNIE HEDRICK
WIFE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Additional Comments
DEFENDANTS WERE SERVED AT 109 SOUTHSIDE DRIVE NEWVILLE.
THEY DO NOT LIVE IN MT HOLLY SPRINGS.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
5p,/o2 4?-
6.00
.00
.00
10.00
.00
16.00
Sworn and Subscibed to
before me this day
of ,
by handing to
So Answers:
R. Thomas Kline
05/15/2008
PHELAN HALLINAN SCHMIEG
A.D.
By.
p t s eri f
CASE NO: 2008-02949 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
US BANK NATIONAL ASSOCIATION
VS
HEDRICK LEONARD JR ET AL
MARK CONKLIN
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
HEDRICK BONNIE
the
DEFENDANT , at 1355:00 HOURS, on the 14th day of May , 2008
at 10 EAST STREET
MT HOLLY SPRINGS, PA 17065
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Additional Comments
DEFENDANTS WERE SERVED AT 109 SOUTHSIDE DR NEWVILLE
THEY DO NOT LIVE IN MT HOLLY SPRINGS.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
5 j,l p ? 16.00
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
05/14/2008
PHELAN HALLINAN SCHMIEG
By: 2
Deputy heriff
of A. D.
T
a
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSMC ARMT 2006-3,
Plaintiff,
VS.
LEONARD HEDRICK, JR and
BONNIE HEDRICK,
Defendants.
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 08-2949 CIVIL TERM
ANSWER TO COMPLAINT IN
MORTGAGE FORECLOSURE
Filed on Behalf of
Defendants
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
{
J
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSMC ARMT 2006-3,
Plaintiff,
VS.
LEONARD HEDRICK, JR and
BONNIE HEDRICK,
Defendants.
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 08-2949 CIVIL TERM
ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, come Leonard and Bonnie Hedrick, by and through their 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 Defendants are 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 that all sums secured by the mortgage shall be immediately due, and
therefore this allegation is denied and strict proof is demanded at the time of trial.
6. Denied. The Defendants are 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.
8. Plaintiff's corresponding paragraph is a conclusion of law to which no response is
required.
9. Denied. The Defendants are without knowledge or information sufficient to form a
belief as to the truth or falsity of the allegation that the cited Notice(s) were forwarded properly to
Defendants, 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.
11. Plaintiff's corresponding paragraph is a conclusion of law to which no response is
required.
WHEREFORE, the Defendants, request that this Honorable Court dismiss the
Plaintiff's Complaint.
Respectfully submitted,
BLEASDALE LAW OFFICE
By
Brian J. Bleasdale, Esquire
Counsel for Defendants
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
unworn falsification to authorities.
June 10, 2008
Date
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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
US Bank National Association, As Trustee
for CSMC ARMT 2006-3
3476 Stateview Blvd.
Fort Mill, SC 29715
Plaintiff
vs.
Leonard Hedrick, Jr.
Bonnie Hedrick
109 Southside Drive
Newville, PA 17241
Defendants
TO THE PROTHONOTARY:
Attorney for Plaintiff
Court of Common Pleas
Civil Division
Cumberland County
: No. 08-2949 CIVIL TERM
Kindly substitute the attached Complaint Verification executed by Kevin Marks, 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:
By: iagfk?\ -
Sheetal R. Shah-J i, quire
Attorney for Plaintiff
l
VERIFICATION
Kevin Marks
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 Civ it Action in Mortgage Foreclosure are true and orrect to the best of his/her knowledge,
information and belief. The undersigned understands that is tatement is made subject to the penalties
of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification ?ji horities.
Name: Kevin Marks
DATE: 05/09/08 Title:
Loan: 1205316365
Vice President of Loan Documentation
Company: WELLS FARGO FINANCIAL
PENNSYLVANIA, INC.
File k: 175236
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
(15) 563-7000
US Bank National Association, As Trustee
for CSMC ARMT 2006-3
3476 Stateview Blvd.
Fort Mill, SC 29715
Plaintiff
vs.
Leonard Hedrick, Jr.
Bonnie Hedrick
109 Southside Drive
Newville, PA 17241
Defendants
Attorney for Plaintiff
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 08-2949 CIVIL TERM
I hereby certify that a true and correct copy of the foregoing Plaintiffs Praecipe to
Substitute Verification was served by regular mail on the following parties on the date listed below:
Brian J. Bleasdale, Esquire
931 Chislett Street
Pittsburgh, PA 15206
Leonard Hedrick, Jr.
Bonnie Hedrick
109 Southside Drive
Newville, PA 17241
DATE: ?1,1 La
By:
Sheetal R. Shah-Jani, quire
Attorney for Plaintiff
C? `
PHELAN HALLINAN & SCHMIEG, LLP
By: SHEETAL R. SHAH-JANI, ESQUIRE
Identification No. 81760
1617 JFK Boulevard
Suite 1400
Philadelphia, PA 19103-1814
Phone (215) 563-7000
Fax: (215) 563-4491
US Bank National Association, As
Trustee for CSMC ARMT 2006-3
3476 Stateview Blvd.
Fort Mill, SC 29715
Plaintiff
VS.
Leonard Hedrick, Jr.
Bonnie Hedrick
109 Southside Drive
Newville, PA 17241
Defendants
Attorney for Plaintiff
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 08-2949 CIVIL TERM
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:
There are no material issues of fact in dispute.
2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action.
3. Defendants, Leonard Hedrick, Jr. and Bonnie Hedrick, have filed an Answer to the
Complaint in which they have effectively admitted all of the allegations of the Complaint, as is
further addressed in Plaintiffs attached Brief.
4. In their Answer, Defendants generally deny 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 Defendants' Answer, are attached hereto,
incorporated herein by reference, and marked as Exhibits C and D.
Defendants have failed to sustain their burden of presenting facts, which contradict
the averments of Plaintiffs Complaint.
6. Defendants admitted in paragraph three of their Answer that they executed the
Mortgage and that the Mortgage has been assigned to Plaintiff. True and correct copies of the
Mortgage and Note are attached hereto, made part hereof, and marked Exhibits A and A 1,
respectively.
7. By Assignment of Mortgage recorded June 10, 2008, the Mortgage was assigned to
US Bank National Association as Trustee for CSMC ARMT 2006-3, which Assignment is recorded
in Assignment of Mortgage Instrument No. 200819009. A true and correct copy of the
Assignment to US Bank National Association as Trustee for CSMC ARMT 2006-3 is attached
hereto, incorporated herein by reference, and marked as Exhibit A2.
8. The Mortgage is due for the December 1, 2007 payment, a period in excess of eight
(8) months. An Affidavit confirming the default and the amount of the debt is attached hereto,
incorporated herein by reference, and marked as Exhibit B.
9. 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.
Nevertheless, Plaintiff sent Defendants a letter notifying them of their default and of Plaintiffs
intent to foreclose. A true and correct copy of the letter is attached hereto, made part hereof, and
marked Exhibit E.
10. Defendants are not eligible for Act 91 of 1983 because the mortgaged premises is
not the principal residence of the Defendants. 35 P.S. § 1680.401 c(a)(1). Nevertheless, Plaintiff sent
Defendants notice pursuant to Act 91 of 1983. True and correct copies of the Notice of
Homeowner's Emergency Mortgage Assistance Program are attached hereto, made part hereof, and
marked as Exhibit E.
11. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its
foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and
ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its
attached Brief.
12. Defendants have the right to reinstate and/or payoff the loan up until one hour
before a scheduled Sheriffs Sale.
WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its
favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and
sale of the mortgaged property.
Respectfully submitted,
& SGHMIEG, LLP
By. ??I \J I
S eetal R. Shah-Jam,
Attorney for Plaintiff
EXKIBxT A
0-
This Instrument Prepared By:
After Recording Return To:
? Eq* PL'[' M3WO CI1P1'IRL
Lnen?N0 t M: M11
Uniform Parcel Identifier Number: 23 -3 2- 233 6 -112
Property Address: 10 EAST STREET
MOUNT HOLLY SPRINGS, PENNSYLVANIA 17065
Ak W00 MMY CERTIFY TltZ
710 Bt A TIM AND CORR
RRECT
CWTUt1RIGR" FQ.I;D OF ReMaD
Bl" & AWNIGNT
:L r Q,
-mil rn D
withilroill" 15pace Above This Line For Recording Datal
MORTGAGE
MIN:100353006041300219
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11,
13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(B) 'Borrower" is LEONARD HEDRICK, JR., A MARRIED MAN JOINED BY HIS
WIFE, BONNIE HEDRICK
(A) "Security Instrument" means this document, which is dated APRIL 14, 2006 , together
with all Riders to this document.
Borrower is the mortgagor under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting
solely as a nominee for Lender and Lender's successors and assigns. MEN Is the mortgagee under this Security
Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number
of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MFRS.
(D) "Lender" is ACT LENDING CORPORATION D/B/A ACT MORTGAGE CAPITAL
Lender is a FLORIDA CORPORATION
organized
PENNSYLVANIA--Single Family DocAIrg1061ftmaos soa-64s-im2
Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MFRS www.docmaafc.com
Form 3039 01/01 Page 1 of 16
raws.mims.ttm
4 •
and existing under the laws of FLORIDA
Lender's address is 481 SAWGRASS CORPORATE PARKWAY, SUNRISE, FLORIDA
33325
(E) "Note" means the promissory note signed by Borrower and dated APRIL 14, 2006
The Note states that Borrower owes Lender ONE HUNDRED EIGHTEEN THOUSAND FOUR
HUNDRED AND 00/100 Dollars (U.S. $118 , 400. 00 ) plus interest.
Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than
MAY 1, 2036
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under
the Note, and all sums due under this Security Instrument, plus interest.
(A) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are
to be executed by Borrower (check box as applicable]:
? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider
? Balloon Rider ? Planned Unit Development Rider ® Other(s) [specify]
? 14 Family Rider ? Biweekly Payment Rider PREPAYMENT RIDER TO
SECURITY INST
(I) "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.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges
that are imposed on Borrower or the Property by a condominium association, homeowners association or similar
organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft,
or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or
magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term
includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(W "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any
third parry (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 condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note,
plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or
successor legislation or regulation that governs the same subject matter. As used in this Security Instrument,
PeNN5YLVANIA--5ingle Family
Fannie Mee/Freddie Mac UNIFORM INSTRUMENT - MERS
Form 3039 01/01 Page 2 of 16
600.649.1362
www. docmaoc. com
W0b9 mm.2.tem
First American Title Insurance Company
Commitment No. 73
SCHEDULE C
Legal Description
ALL that certain lot of ground situate in the Borough of Mount
Holly Springs, County of Cumberland and State of Pennsylvania,
bounded and described in accordance with a survey and plan thereof
made by Ernest J. Walker, Prof. Eng., dated July 24, 1964, as
follows:
BEGINNING at a point on the southwest side of East Street, said
point being 50 feet northwest of South Street; thence extending
along land now or formerly of Virgil Miller South 43 degrees 45
minutes West 180 feet to a point on the northeast side of an alley
{presently unopened) ; thence along the same North 46 degrees 15
minutes West 91 feet to a corner of land now or formerly of Thomas
K. Nell; thence along said land North 43 degrees 45 minutes East
180 feet: to a point on the southwest side of East Street
aforesaid; thence along the same South 46 degrees 15 minutes east
91 feet to the point and place of BEGINNING. '
HAVING thereon erected a one-story frame dwelling known as No. 10
East Street.
PA-3
. i
0 0
. 4
"RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan"
even if the Loan does not qualify as a "federally related mortgage loan" under RESPA.
(Q) "Successor In Interest of Borrower" [Weans any party that has taken title to the Property, whether or not that
party has assumed Borrower's obligations under the Note andlor this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (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 MFRS (solely as
nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following
described property located in the
COUNTY of CUMBERLAND
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]
SW T a= , DRFI - I, ?1'ICN ATE H1 FMO AND MADE A PART HEMF AS EXHIBIT "All
A.P.N.: 23-32-2336-112
which currently has the address of 10 EAST STREET
[street]
MOUNT HOLLY SPRINGS , Pennsylvania 17065 ("Property Address"):
[City] [Zip code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security
Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for Lender and Lender's successors
and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose
and sell the Property; and to take any action required of Leader including, but not limited to, releasing and canceling
this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right
to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of
record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject
to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
PENNSYLVANIA--Single Family DoCUpg1e4WWW b a00-649-13e2
Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www.cfocmagic.com
Form 3039 01 /01 Page 3 of 16
Pa7a199,m: 03=
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UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall
pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late
charges due under the Now. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due
under the Note and this Security Instrument shall be trade in U.S. currency. However, if any check or other
instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,
Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in
one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check,
treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured
by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as maybe designated by Lender in accordance with the notice provisions in Section 15, Lender tray return
any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender
may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights
hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not
obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of
its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds
until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of
time, Lender shall either apply such funds or return them to Borrower, If not applied earlier, such funds will be
applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim
which Borrower might have now or in the future against Lender shall relieve Borrower from tanking payments due
under the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note:
(b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic
Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second
to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Nate.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If
more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the
repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that
any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may
be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then
as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note
shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. F mds for Escrow Item. Borrower shall pay to Lender on the day Periodic Payments are due under the
Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due far: (a) taxes and
assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the
Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance
required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower
PENNSYLVANIA--Sims Famify DOCMa81C 8006619.1362
Fannie Mae/Freddie Mac UNIFORM INSTRUMENT . MERS www.docmigle.com
Form 3039 01/01 Page 4 of 16
Pa30394.mzm.4Aem
to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.
These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require
that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid
under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's
obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender
Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver,
Borrower shall pay directly, when and when payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires; shall furnish to Lender receipts evidencing such payment
within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts
shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase
"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to
a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section
9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount.
Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section
15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required
under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds
at the time specified under RESPA, and (b) riot to exceed the maximum amount a lender can require under RESPA.
Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures
of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or
entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender
shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make
such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,
Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree
in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an
annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for
the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA,
Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of
Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower
shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than
12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender,
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to
the Property which can attain priority over this Security Instrument, leasehold payments or ground renis on the
Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items
are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
PENNSYLVANIA--Single FemH DOdkpIC ff%naS aoo-e4s-1392
Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www.doenwok.com
Form 3039 01 /01 Page 5 of 16
A90393=M5.10m
I
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:
(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only
so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against
enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien
while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder
of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender
determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument,
Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given,
Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service
used by Lender in connection with this Loan.
S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards
including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be
maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender
requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing
the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall
not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-
time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone
determination and certification services and subsequent charges each time rernappings or similar changes 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 review of any flood zone
determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at
Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount
of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's
equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater
or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so
obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed
by Lender under this Section S shall become additional debt of Borrower secured by this Security Instrument. These
amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest,
upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an
additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,
Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any
form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such
policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss
payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make
proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any
insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration
or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
PENNSYLVANIA--Si VgIe Family D0cAI@gJe6Vft = eco449•rse2
Fannie Mae/Freddie Mao UNIFORM INSTRUMENT - MERS www.doemegla.com
Form 3039 01 /01 Page 6 of 16
POW96.n=L6.1em
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During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender
has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement
is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties,
retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower.
If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds
shall be applied to the sutras secured by this Security Instrument, whether or not then due, with the excess, if any, paid
to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and
related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begirt when the
notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby
assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid
under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund
of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights
are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the
Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's
principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which
consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's
control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,
damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not
Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from
deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or
restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further
deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking
of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released
proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in
a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair
or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time
of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave
materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with
material information) in connection with the Loan. Material representations include, but are not limited to,
representations concerning Borrower's occupancy of the Property as Borrower's principal residence.
VMMYLVANIA-51 ngle FaMlly D0CMftftCUtt V= 800-649-1362
Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www.docnwglc.com
Form 3039 01/01 Page 7 of 16
Pal M,wmn,7,tem
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9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal
proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument
(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may
attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the
Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the
Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property,
and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums
secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured
position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to
make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or
other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action
under this Section 9, Leader does not have to do so and is not under any duty or obligation to do so. It is agreed that
Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this
Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be
payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease: If
Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the
merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower
shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage
Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such
insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage
Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage
Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance
previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage
Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated
payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,
notwithstanding the fact that the Loan is ultimately paid in full, and ]ender shall not be required to pay Borrower any
interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance
coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again
becomes available, is obtained, and Lender requires separately designated payments toward the premiums for
Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay
the premiums required to maintain Mortgage Insurance in effect, or to provide it non-refundable loss reserve, until
Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section
10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur
if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
PENNSYLVANIA-Single FamllY Dedwm0kawwas 800-649-1382
Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www.8leem#9fe.eem
Form 3039 01/01 Page 8 of 16
r xrssa.0M.e.Mm
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into
agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and
conditions that are satisfactory to the mortgage insurer and the other parry (or parties) to these agreements. These
agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer
may have available (which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other
entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might
be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying
the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share
of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed
"captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe
for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage
Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may Include the right
to receive certain disdosurres, to request and obtain cancellation of the Mortgage Insurance, to have the
Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insu rance premiums
that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to
and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,
if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and
restoration period, Lender shall have the right to bold such Miscellaneous Proceeds until Lender has had an
opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that
such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement
or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable
Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or
Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall
be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower.
In the event of a partial tatting, destruction, or loss in value of the Property in which the fair market value of
the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount
of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value,
unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced
by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums
secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the
Property immediately before the partial taking, destruction, or loss in value, Any balance shall be paid to Borrower.
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In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of
the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums
secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise
agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether
or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as
defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to
Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous
Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether
or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property
or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate
as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's
judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or
rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the
impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the
order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Walver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any
Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest
of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower
or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security
Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any
forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of
payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then
due, shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees
that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security
Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage,
grant and convey the co-signer's interest in the Property under the tears of this Security Instrument; (b) is not
personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other
Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security
Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender. shall obtain all of Borrower's rights
and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability
under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this
Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's
default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,
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including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the
absence of express authority in this Security instrument to charge a specific fee to Borrower shall not be construed
as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security
Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.
Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment
to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of
any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might
have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in
writing. Any notice to Borrower in connection with this Security instrument shall be deemed to have been given to
Borrower when trailed by first class mail or when actually delivered to Borrower's notice address if sent by other
means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires
otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice
address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender
specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address
through that specified procedure. There may be only one designated notice address under this Security Instrument
at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's
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; Severabiltty; Rules of Construction. This Security Instrument shall be governed by
federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in
this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might
explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be
construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security
Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security
Instrument or the Note which can be given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding
neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice
versa; and (c) the word "may" gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Benetlcial Interest In Borrower. As used in this Section 18, "Interest in
the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial
interests transfemed in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent
of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
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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.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower
must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of
this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand
on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall
have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)
five days before sale of the Property pursuant to any power of 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
then 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 ureter this Security Instrument: and (d) takes such
action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security
Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,
as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality
or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations
secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall
not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note
(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might
result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note
and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security
Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale
of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will
state the name and address of the new Loan Servicer, the address to which payments should be made and any other
information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter
the Loan is serviced by a Loan Servicer other than the purchaser of the Now, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed
by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual
litigant or the member of a class) that arises from the other parry's actions pursuant to this Security Instrument or that
alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument,
until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements
of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such
notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action
can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of
acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given
PENNSYLVANIA-5ingle Family DOCMagarc aoases-7382
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to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions
of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances:
gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection;
(c) 'Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in
Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or
otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,
or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else
to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an
Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a
condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized
to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to,
hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other
action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance
or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not
limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any
condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the
Property. If Borrower learns, or is notified by any governmental or regulatory authority. or any private party, that
any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall
promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any
obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under
Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things:
(a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that
failure to cure the default as specified may result in acceleration of the struts secured by this Security
Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower
of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence
of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as
specified, Lender at its option may require immediate payment in full of all sums secured by this Security
Instrument without further demand and may foreclose this Security Instrument by judidal proceeding. Lender
shall be entitled to collect all expenses incurred In pursuing the remedies provided in this Section 22, Including,
but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the
estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this
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Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this
Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is
permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects
in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws
providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead
exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior
to the commencement of bidding at a sheriff s sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to
acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered
on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any Rider executed by Borrower and recorded with it.
(Seal)
LONARI H$1)RICK, J -Borrower
Witness:
- (Seal)
-Borrower
- (Seal)
-Borrower
?i? - :?/7 A_/z '. zzaG? (Seal)
BONNIE HEDRICK -Borrower
-_ (Seal)
-Borrower
- (Seal)
-Borrower
Witness :
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COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
On this the 14th day of APRIL, 2006 , before me,
the undersigned officer, personally appeared LEONARD HEDRICK, JR. , BONNIE HEDRICK '
known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged that he/she/they executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seals.
(Notary's Stamp and Embosser)
MONwEALTH OF PENNSYLVANIA
Notarial Seal
Roper B. Wm, Notary Public
Cadlale Sm. Wmbv*W County
y cam+aslon Oct. 3, Zoos
or, Penne"nia AssodeNon Of Notaries
My commission expires:
signature
i itie of UrTicer
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Pa=913.m 1?.ma
Certificstte of Residence of Mort=U
The undersigned hereby certifies that: (i) he/she is the Mortgagee or the duly authorized attorney or agent of
the Mortgagee named in the within instrument; and (ii) Mortgagee's precise residence is:
481 SAWGRASS CORPORATE PARKWAY, SUNRISE, FLORIDA 33325
Witness my hand this N' ' day of yh"_ ( 4OV &
Signature of Mortgagee or Mongag 's Duly Authorized Attorney or Agent
Type or print Name of Mortgagee or Mortgagee's Duly Authorkw Attorney or Agora
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•
C,
PREPAYMENT RIDER
lx=Number: ACTPPI49228
Date: APRIL 14, 2006
Borrower(s): LEONARD HEDRICK, JR., BONNIE HEDRICK
THIS PREPAYMENT RIDER (the "Rider") is made this 14th day of APRIL ,
2006 , and is incorporated into and shall be deemed to amend and supplement
the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the
undersigned ("Borrower") to secure repayment of Borrower's promissory note (the "Note") in favor of
ACT LENDING CORPORATION D/B/A ACT MORTGAGE CAPITAL, A
FLORIDA CORPORATION
("Lender"). The Security Instrument encumbers the Property more specifically described in the Security
Instrument and located at
10 EAST STREET, MOUNT HOLLY SPRINGS, PENNSYLVANIA 17065
(Propcrty Address]
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows:
A. PREPAYMENT CHARGE
The Note provides for the payment of a prepayment charge as follows:
4 . BORROWER'S RIGHT TO PREPAY; PREPAYMENT CHARGE
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,
1 will tell the Note Holder in writing that I 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.
The Note Holder will use my Prepayments to reduce the amount of Principal that
I owe under the 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 make a partial Prepayment, there will be
no changes in the due dates of my monthly payment unless the Note Holder agrees in
writing to those changes.
If the Note contains provisions for a variable interest rate, my partial Prepayment
may reduce the amount of my monthly payments after the first Change Date following my
partial Prepayment. However, any reduction due to my partial Prepayment may be offset
by an interest rate increase. If this Note provides for a variable interest rate or finance
charge, and the interest rate or finance charge at any time exceeds the legal limit under
which a Prepayment penalty is allowed, then the Note Holder's right to assess a
Prepayment penalty will be determined under applicable law.
MULTISTATE PREPAYMENT RIDER . SPP Do~*VWMM 800."24362
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If within THIRTY-SIX ( 36 ) months from the date the Security
Instrument is executed I make a full Prepayment or one or more partial Prepayments, and
the total of all such Prepayments in any 12-month period exceeds twenty percent (20%)
of the original Principal amount of the loan, I will pay a Prepayment charge in an amount
equal to SIX ( 6 ) months' advance interest on the amount by which
the total of my Prepayments within any 12-month period exceeds twenty percent (20 %) of
the original Principal amount of the loan.
Notwithstanding the foregoing provisions, I may make a full Prepayment without
paying a Prepayment charge in connection with a bona fide and arms-length sale of all or
any part of, or any legal or beneficial interest in, the Property after the first 12
months of the term of the Note. The phrase "bona fide and arms-length sale" means a sale
in which all of the parties involved in the transaction, including without limitation, the
buyer, seller, lender, real estate agent or broker, are independent of one another and
unrelated by familial or financial interests. I agree to provide the Note Holder with any
and all evidence reasonably requested by the Note Holder to substantiate that the sale of
the Property is bona fide and arms-length.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this
Rider.
l , % e Yy (Seal) Ae?- _lz,e4&'a (Seal)
BON M HEDRICK, d. -Borrower BONNIE HEDRICK -Borrower
(Seal)
-Borrower
- (Seal)
-Borrower
_ (Seal)
-Borrower
(Seal)
-Borrower
MULTISTATE PREPAYMENT RIDER - SPP Do~eftMW 800-646.1362
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Usps2.pp1.3.0mi
EXxi$IT Al
L-1
MIN: 100353006041300214
0
NOTE Loan Number: ACTPP149228
APRIL 14, 2006 SUNRISE FLORIDA
1Dsul (city) [state]
10 EAST STREET, MOUNT HOLLY SPRINGS, PENNSYLVANIA 17065
(Property Address]
1. BORROWER'S PROMISE TO PAY
In return fora loan that l have received, I promise to pay U.S. $ 118,400.00 (this amount is
called "Principal"), plus interest, to the order of the Lender. The Lender is ACT LEWIM O ATICN
D/B/A ALT MORIM M CAPML, A FLCPIDA OOiRPatA'TIQ1 (CFL # 102366)
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may 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 8.500 %.
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.
1 will make my monthly payment on the 1st day of each month beginning on JUNE 1 ,
2006 . I will make these payments every month until I 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 MAY 1, 2 0 3 6 , 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 matte my monthly payments at 481 SAWGRASS CORPORATE PARKWAY,
SUNRISE, FLORIDA 33325
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. $ 910.39
4. BORROWER'S RIGHT TO PREPAY ** See attached Pzgmym9= Note Addend=.
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 I 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 make 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 sets maximum loan charges, is finally interpreted so that the
interest or other loan charges V?be collected in connection with this loan exceed the permitted limits,
then: (a) any such loan charge r d by the amount necessary to reduce the charge to the permitted limit;
MULTISTATE FIXED RATE NO du%ma 80"49-1462
Fannie Mae/Freddie Mac UNIFO I R L?j,'?, ?,I/ www.doomaglc.oom
Form 3200 1 101 Cowo;` E RT! F I E 1 of 3
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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.
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 end 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
5.0 0 0 % 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 may 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 me 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 must 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 to 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.
(1) 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. Thoso 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 mail 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 Note, 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. This 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 some 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
MULTISTATE FIXED RATE NOTE-Single Family DocMa e0ft=W 600.646-1362
Fannie Mae/Freddie Mee UNIFORM INSTRUMENT +? --- www.doemag/e.eom
Form 3200 1 /01 Page 2 of 3 1
UMMInot.2.1em
the promises which I make in this Note. That Security Instrument describes low 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.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sutras prior to the expiration of this period, Lender 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.
80NARD ?HEDIR:Edk, j e. -Borrower
- (seal)
-Borrower
- (Seal)
-Borrower
_ (Seal)
-Borrower
- (Seal)
-Borrower
[Sign Original Only]
MULTISTATE FIXED RATE NOTE-Single Family OaarA&&kC9 aosoo 800.649-1392
Fannie Mae/Freddie Mac UNIFORM INSTRUMENT r ! ' _----° - www.docnagfa.ooin
Form 3200 1 /01 P cr`
(Seal)
-Borrower
U532003.nw.3.tau
1'
0 0
PREPAYMENT ADDENDUM TO NOTE
Loan Number: ACTPPI4 9 2 2 S
Date: APRIL 14, 2006
Borrower(s): LEONARD HEDRICK, JR.
THIS PREPAYMENT ADDENDUM TO NOTE (the "Addendum") is made this 14th . day of
APRIL, 2006 , and is incorporated into and shall be deemed to amend and supplement
that certain promissory note (the "Note") made by the undersigned ("Borrower") in favor of ACT LENDING
CORPORATION D/B/A ACT MORTGAGE CAPITAL, A FLORIDA'CORPORATION
("Lender") and dated the same date as this Addendum. Repayment of the Note is secured by a Mortgage, Deed of
Trust, or Security Deed (the "Security Instrument") given by Borrower in favor of Lender and dated the same date
as this Addendum. To the extent that the provisions of this Addendum are inconsistent with the provisions of the
Note, the provisions of this Addendum shall supersede the inconsistent provisions of the Note.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Note, Borrower
and Lender further covenant and agree as follows:
Section 4 of the Note is amended to read in its entirety as follows:
4 . BORROWER'S RIGHT TO PREPAY; PREPAYMENT CHARGE
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, 1 will tell the Note
Holder in writing that I 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.
The Note Holder will use my Prepayments to reduce the amount of Principal that I owe
under the 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 make a partial Prepayment, there will be no changes in the due dates of my
monthly payment unless the Note Holder agrees in writing to those changes.
If the Note contains provisions for a variable interest rate, my partial Prepayment may
reduce the amount of my monthly payments after the first Change Date following my partial
Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest
rate increase. If this Note provides for a variable interest rate or finance charge, and the interest
rate or finance charge at any time exceeds the legal limit under which a Prepayment penalty is
allowed, then the Note Holder's right to assess a Prepayment penalty will be determined under
applicable law.
If within THIRTY-SIX ( 36 ) months from the date the Security Instrument is
executed I make a full Prepayment or one or more partial Prepayments, and the total of all such
Prepayments in any 12-month period exceeds twenty percent (20 %) of the original Principal amount
of the loan, I will pay a Prepayment charge in an amount equal to six ( 6 )
months' advance interest on the amount by which the total of my Prepayments within any 12-month
period exceeds twenty percent (20%) of the original Principal amount of the loan.
U,phsi 1.W., .tan
TRUE
Dodttpl MW moos eo"u•tatx
www.do~a won
CERTIFIED
• i
Notwithstanding the foregoing provisions, I may make a full Prepayment without paying
a Prepayment charge in connection with a bona fide and arms-length sale of all or any part of, or
any legal or beneficial interest in, the Property after the first 12 months of the term of
the Note. The phrase "bona fide and arms-length sale" means a sale in which all of the parties
involved in the transaction, including without limitation, the buyer, seller, lender, real estate agent
or broker, are independent of one another and unrelated by familial or financial interests. I agree
to provide the Note Holder with any and all evidence reasonably requested by the Note Holder to
substantiate that the sale of the Property is bona fide and arms-length.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this
Addendum.
Borrowe 0 IC , Date O? Borrower Date
JR.
Borrower
Date
Borrower Date
Borrower Date
Borrower Date
MULTISTATE PREPAYMENT ADDENDUM TO NOTE - SPP
6103 Page 2 of 2
et7Moaae aoo•a+s-Iasi
www. docmigic. com
Ibpwu2.ppl.2.tmt
EXHIBIT A2
ASSIGNMENT OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS that "Mortgage Electronic Registration Systems, Inc." hereinafter "Assignor"
the holder of the Mortgage hereinafter mentioned, for and inconsideration of the sum of ONE DOLLAR ($1.00) lawful money
unto it in hand paid by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSMC ARMT 2006-3, "Assignee,"
the receipt whereof is hereby ackmowledged, has hereby granted, bargained, sold, assigned, transferred and set over unto the
said Assignee, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by Leonard
Hedrick, Jr and Bonnie Hedrick to Mortgage Electronic Registration Systems, Inc., as nominee for Act Lending
Corporation dba Act Mortgage Capital, bearing the date 4/14/06, in the amount of $118,400.00, together with the Note and
indebtedness therein mentioned, said Mortgage being recorded on 4/21/06 in the County of Cumberland, Commonwealth of
Pennsylvania, in Mortgage Book 1947 Page 2734, MIN# 1003-5300-6041-3002-19.
Being Known as Premises: 10 East Street, Mount Holly, PA 17065
Parcel No: 23-32-2336-112
The transfer of the mortgage and accompanying rights was effective at the time the loan was sold and consideration passed to
the Assignee. This assignment is solely intended to describe the instrument sold in a manner sufficient to put third parties on
public notice of what has been sold.
Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow
due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and incidents
thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same:
TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises granted and assigned, or
mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper
use, benefit and behoof forever; subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of
Mortgage named, and his/her/their heirs and assigns therein.
IN WITNESS WHEREOF, the said "Assignor" has caused its Corporate Seal to be herein affixed and these presents to be duly
executed by its proper officers this day of A?drNi --,20 at
Mortgage Electronic Regi Lion Systems, Inc.
.
B)r )-2 1
Sealed and Delivered Francis S Hallinan, Assistant Secretary and Vice President
in the presence of us;
State of Pennsylvania
County of Philadelphia
ss.
On this 2- day of _ 20M before me, the subscriber, personally appeared
Francis S Hallinan, who acknowledged himself to be a Assistant Secretary and Vice President of Mortgage Electronic
Registration Systems, Inc., and that he, as such Assistant Secretary and Vice President, being authorized to do so, executed
the foregoing instrument for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
0MM0NWTALrH QF PENNMVAt"
NOTARIAL SEAL
RYAN P GALVIN, Nolmy Public _
Stamp/Seal: Cky of PhAadelphia, Phila. County 19tary Public
Comat*ft December 21,20M
The precise address of the After recording return to:
within named Assignee is: PHELAN HALLINAN & SCHMIEG, L.L.P
3476 Stateview Boulevard One Penn Center
Fort Mill, S 2 5 1617 J.F.K. Blvd., Ste.1400 5/19/08
By: Philadelphia, PA 19103-1814 Document Execution
or Assignee) 1205316365
ALL that certain lot of ground situate in the Borough of Mount Holly
Springs, County of Cumberland and State of Pennsylvania, bounded and
described in accordance with a survey and plan thereof made by Ernest
J. Walker, Prof. Eng., dated July 24, 1964, as follows:
BEGINNING at a point on the southwest side of East Street, said point
being 50 feet northwest of South Street; thence extending along land
now or formerly of Virgil Miller South 43 degrees 45 minutes West 180
feet to a point on the northeast side of an alley (presently unopened);
thence along the same North 46 degrees 15 minutes West 91 feet to a
corner of land now or formerly of Thomas K. Nell; thence along said
land North 43 degrees 45 minutes East 180 feet to a point on the
southwest side of East Street aforesaid; thence along the same South 46
degrees 15 minutes east 91 feet to the point and place of BEGINNING.
HAVING thereon erected a one-story frame dwelling known as No. 10 East
Street.
tical-0-1I B
PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS
MOTION FOR SUMMARY JUDGMENT
STATE OF South Carolina )
COUNTY OF York )
ss.
Thomas Westmoreland, being duly sworn according to law, deposes and says:
1. I am employed in the capacity of Vice President Loan Documentation at
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. I am the custodian of records for the within matter.
4. All proper payments made by Defendants have been credited to
Defendants' accounts.
5. Defendant's mortgage payments due December 1, 2007 and each month
thereafter are due and unpaid.
6. The amounts due on the mortgage were correctly stated in the Complaint as
follows:
Principal Balance $116,776.96
Interest $3,779.41
November 1, 2007 through May 7, 2008
(Per Diem $27.19)
Attorney's Fees $1,250.00
Cumulative Late Charges $136.56
April 14, 2006 to May 7, 2008
Cost of Suit and Title Search $550.00
Subtotal $122,492.93
Escrow Credit $0.00
Escrow Deficit $2,752.16
TOTAL $125,245.09
7. Mortgagors have failed to reinstate the account or offer any reasonable solution to cure
the arrears on the past due mortgage payments.
8. Plaintiff provided mortgagors with a Notice of Intention to Foreclose Mortgage, but
Defendants did not take the necessary affirmative steps to avoid foreclosure.
9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on
the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which
accrues to the benefit of Defendants and to the severe detriment of Plaintiff.
10. Plaintiff properly accelerated its mortgage to protect its
Name: Thomas Westmoreland
Title: Vice President Loan
Documentation
America's Servicing Company
SWORN TO AND SUBSCRIBED
OFFICIAL SEAL
Notary Public
State of South Carolina
MnmRH ETiRAMBosE2o,s
File Name and Number: Leonard Hedrick Jr. and Bonnie Hedrick Account No. 1205316365
BEFORE ME THIS 18 DAY
EXKI$IT C
PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
DANIEL G. SCHMIEG, ESQ., Id. No. 62205
MICHELE M. BRADFORD, ESQ., Id. No. 69849
JUDITH T. ROMANO, ESQ., Id. No. 58745
SHEETAL SHAH-JANI, ESQ., Id. No. 81760
JENINE R. DAVEY, ESQ., Id. No. 87077
MICHAEL E. CARLETON, ESQ., Id. No. 203009
VIVEK SRIVASTAVA, ESQ., Id. No. 202331
JAY B. JONES, ESQ., Id. No. 86657
PETER MULCAHY, ESQ., Id. No. 61791
ANDREW SPIVACK, ESQ., Id. No. 84439
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000: 175236
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSMC ARMT 2006-3
3476 STATEVIEW BLVD
FORT MILL, SC 29715
V.
Plaintiff
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ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. 0%- a449 Cvl ( -Ferh
CUMBERLAND COUNTY
LEONARD HEDRICK, JR
BONNIE HEDRICK
109 SOUTHSIDE DRIVE = icy C81?ify
NEWVIILE, PA 17241`
be a true and
r: flopy of the
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Defendants fl l
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
+ AIE?Y SLE r'opi
KtxSE RED
File #: 175236
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 #: 175236
IF THIS IS THE FIRST NOTICE THAT YOU HAVE
RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE
DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S)
DO SO IN WRITING WITHIN THIRTY (30) DAYS OF
RECEIPT OF THIS PLEADING, COUNSEL FOR
PLAINTIFF WILL OBTAIN AND PROVIDE
DEFENDANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED
TO BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)
THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL
THE END OF THE THIRTY (30) DAY PERIOD
FOLLOWING FIRST CONTACT WITH YOU BEFORE
SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH
THE LAW PROVIDES THAT YOUR ANSWER TO THIS
COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN
File #- 175236
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
016LIGATIONS 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.
'S
File #: 175236
1. Plaintiff is
US BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR CSMC ARMT 2006-3
3476 STATEVIEW BLVD
FORT MILL, SC 29715
2. The name(s) and last known address(es) of the Defendant(s) are:
LEONARD HEDRICK, JR
BONNIE HEDRICK
109 SOUTHSIDE DRIVE
NEWVILLE, PA 17241
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 04/14/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC., AS A NOMINEE FOR ACT LENDING CORPORATION DOING BUSINESS
AS ACT MORTGAGE CAPITAL which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Mortgage Book No. 1947, Page 2734. The
PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing
an assignment of same. The mortgage and assignment(s), if any, are matters of public
record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g);
which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if
those documents are of public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 12/01/2007 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.
File #. 175236
6. The following amounts are due on the mortgage:
Principal Balance $116,776.96
Interest $3,779.41
11/01/2007 through 05/07/2008
Attorney's Fees $1,250.00
Cumulative Late Charges $136.56
04/14/2006 to 05/07/2008
Cost of Suit and Title Search 550.00
Subtotal $122,492.93
Escrow
Credit $0.00
Deficit $2,752.16
Subtotal $2,752.16
TOTAL $125,245.09
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.
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
File #: 175236
Notice of Default as required by the mortgage document, as applicable, have been sent to
the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by
said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff
or an authorized consumer credit counseling agency, or has/have been denied assistance
by the Pennsylvania Housing Finance Agency.
10. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
11. This action does not come under Act 91 of 1983 because the mortgage premises is not the
principal residence of Defendant(s).
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum
of $125,245.09, together with interest from 05/07/2008 at the rate of $27.19 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.
HALLINAN & SCHMIEG, LLP
By. 370-7
LA T. PHELAN, ES UIRE
FRANCIS S. HALLINAN, ESQUIRE
DANIEL G. SCHMMG, ESQUIRE
MICHELE M. BRADFORD, ESQUIRE
JUDITH T. ROMANO, ESQUIRE
SHEETAL R. SHAH-JANI, ESQUIRE
JENINE R. DAVEY, ESQUIRE
MICHAEL E. CARLETON, ESQUIRE
VIVEK SRIVASTAVA, ESQUIRE
JAY B. JONES, ESQUIRE
PETER MULCAHY, ESQUIRE
ANDREW SPIVACK, ESQUIRE
Attorneys for Plaintiff
File #: 175236
LEGAL DESCRIPTION
ALL that certain lot of ground situate in the Borough of Mount Holly Springs, County of
Cumberland and State of Pennsylvania, bounded and described in accordance with a survey and
plan thereof made by Ernest J. Walker, Prof. Eng., dated July 24, 1964, as follows:
BEGINNING at a point on the southwest side of East Street, said point being 50 feet northwest
of South Street; thence extending along land now or formerly of Virgil Miller South 43 degrees
45 minutes West 180 feet to a point on the northeast side of an alley (presently unopened);
thence along the same North 46 degrees 15 minutes West 91 feet to a corner of land now or
formerly of Thomas K. Nell; thence along said land North 43 degrees 45 minutes East 180 feet to
a point on the southwest side of East Street aforesaid; thence along the same South 46 degrees 15
minutes east 91 feet to the point and place of BEGINNING.
HAVING thereon erected a one-story frame dwelling known as No. 10 East Street.
PARCEL: 23-32-2336-112
File #: 175236
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 unsworn falsifications to authorities.
V- 7-717
Ila
Vorfijy for Plaintiff
DATE: 5 g 6
EXHIBIT D
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSMC ARMT 2006-3,
Plaintiff,
VS.
LEONARD HEDRICK, JR and
BONNIE HEDRICK,
Defendants.
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 08-2949 CIVIL TERM
ANSWER TO COMPLAINT IN
MORTGAGE FORECLOSURE
Filed on Behalf of
Defendants
Counsel of Record for
this Parry:
Brian J. Bleasdale, Esquire
PA I.D. Pa. I.D. #90576
BLEASDALE LAW OFFICE
931 Chislett Street
Pittsburgh, PA 15206
(412) 726-7713
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSMC ARMT 2006-3,
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
VS.
NO.: 08-2949 CIVIL TERM
LEONARD HEDRICK, JR and
BONNIE HEDRICK,
Defendants.
ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, come Leonard and Bonnie Hedrick, by and through their 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 Defendants are 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 that all sums secured by the mortgage shall be immediately due, and
therefore this allegation is denied and strict proof is demanded at the time of trial.
6. Denied. The Defendants are 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.
8. Plaintiff's corresponding paragraph is a conclusion of law to which no response is
required.
9. Denied. The Defendants are without knowledge or information sufficient to form a
belief as to the truth or falsity of the allegation that the cited Notice(s) were forwarded properly to
Defendants, 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.
11. Plaintiffs corresponding paragraph is a conclusion of law to which no response is
required.
WHEREFORE, the Defendants, request that this Honorable Court dismiss the
Plaintiff's Complaint.
Respectfully submitted,
BLEASDALE LAW OFFICE
Rv:
Brian J. Bleasdale, Esquire
Counsel for Defendants
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
unworn falsification to authorities.
June 10, 2008
Date
EXHIBIT E
ACT 6/ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM
FORECLOSURE
DATE: March 28, 2008
TO: Leonard Hedrick, Jr. Bonnie Hedrick
109 Southside Drive 109 Southside Drive
Newville, PA 17241 Newville, PA 17241
Leonard Hedrick, Jr. Bonnie Hedrick
10 East Street 10 East Street
Mount Holly Springs, PA 17065 Mount Holly Springs, PA 17065
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN
AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF
YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO
COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
This is an official notice that the mortgage on your home is in default and the lender intends to foreclose.
Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save
your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with you when you meet the
Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your Coun are
listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housings Finance
Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO
A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMAR SU HIPOTECA.
STATEMENTS OF POLICY
HOMEOWNER'S NAME(S): Leonard Hedrick, Jr. and Bonnie Hedrick
PROPERTY ADDRESS: 10 East Street, Mount Holly Springs, PA 17065
LOAN ACCT. NO.: 1205316365
ORIGINAL LENDER: Mortgage Electronic Registration Systems, Inc.
CURRENT LENDER/SERVICER: U.S. Bank National Association
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE.
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty three (33) days from the date of this Notice. During that time you
must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed
at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU
DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit
counseling agencies listed at the end of this notice the lender may NOT take action against you for thirty
(30) days after the date of this meeting. The names addresses and telephone numbers of designated
consumer credit counseling agencies for the county in which the property is located are set forth at the end
of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately
of your intentions and Phelan Hallinan & Schmieg's PHFA department.
APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth
later in this Notice (see following pages for specific information about the nature of your default.) If you
have tried and are unable to resolve this problem with the lender, you have the right to apply for financial
assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and file a completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU
DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
no foreclosure proceedings will be pursued against you if you have met the time requirements set forth
above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your
application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located
at: 10 East Street, Mount Holly Springs, PA 17065 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: Start/End: 12/01/07 through 3/01/08 at 1 @ 987.85; 3 @ 1,576.64 per
month.
Monthly Payments Plus Late Charges Accrued
NSF:
Inspections:
Other:
(Suspense):
Total amount to cure default
$5,854.33
$0.00
$45.00
$0.00
0.00
$5,899.33
See paragraph below headed
"HOW TO CURE THE DEFAULT"
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A
* HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of
the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $5,899.33, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES
WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. As of the date of this
letter, you owe the amount specified above. Because of interest, late charges, and other charges
that may vary from day to day, the amount due on the day that you pay may be greater. Hence, if
you pay the amount shown above, an adjustment may be necessary after we receive your check, in
which event we will inform you before depositing the check for collection. For further
information, write the undersigned or call (215) 563-7000 and ask for the Reinstatement
Department. Payments must be made either by cash, cashier's check, certified check or money
order made payable and sent to: PHELAN HALLINAN & SCHMIEG, LLP, One Penn
Center at Suburban Station, 1617 John F. Kennedy Boulevard, Suite 1400, Philadelphia, PA
19103-1814, Attn: Reinstatement Department. You can cure any other default by taking the
following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not
qpplicable.) N/A.
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means
that the entire outstanding balance of this debt will be considered due immediately and you may lose the
chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to
foreclosure upon your mortgage property.
IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to
pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency
before the lender begins legal proceedings against you, you will still be required to pay the reasonable
attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against
you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed
$50.00. Any attorney's fees will be added to the amount to the lender, which may also include other
reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to
pay attorney's fees.
OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to
cure the default and prevent the sale at anytime up to one hour before the Sheriffs Sale. You may do so
by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees
and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as
specified in writing by the lender and by performing any other requirements under the mortgage. Curing
your default in the manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff s
Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of
this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course,
the amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER: PHELAN HALLINAN & SCHMIEG, LLP
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Attention: Reinstatement Department
EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGE-You may or X_may not (CHECK ONE) sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements
of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY
THE LENDER
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED
If this is the first notice that you have received from this office, be advised that: You may dispute the
validity of the debt or any portion thereof. If you do so in writing within thirty (30) days from receipt
of this letter, this firm will obtain and provide you with written verification thereof; otherwise the
debt will be assumed to be valid. Likewise if requested within thirty (30) days from receipt of this
letter, the firm will send you the name and address of the original creditor if different from above.
Very truly yours,
PHELAN HALLINAN & SCHMIEG, LLP
Cc: America's Servicing Company
Attn: Timothy Hines
Account No.: 1205316365
FH/mas
Mailed by 1" Class Mail and by Certified Mail No: 7007 2560 0001 1109 9439 and
7007 2560 0001 1110 3587/3594/3600
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Sheetal R. Shah-Jani, 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 for Summary Judgment and Brief 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.
All'
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Date Sheetal R. Shah-Jani, s e
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
By: SHEETAL R. SHAH-JANI, ESQUIRE
Identification No. 81760
1617 JFK Boulevard
Suite 1400
Philadelphia, PA 19103-1814
Phone (215) 563-7000
Fax: (215) 563-4491
US Bank National Association, As
Trustee for CSMC ARMT 2006-3
3476 Stateview Blvd.
Fort Mill, SC 29715
Plaintiff
VS.
Attorney for Plaintiff
: Court of Common Pleas
: Civil Division
: Cumberland County
Leonard Hedrick, Jr.
Bonnie Hedrick
109 Southside Drive
Newville, PA 17241
Defendants
: No. 08-2949 CIVIL TERM
I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment,
Brief in Support thereof and Praecipe for Argument were sent via first class mail to the persons on
the date listed below:
Brian J. Bleasdale, Esquire
931 Chislett Street
Pittsburgh, PA 15206
25 0
Date:
Leonard Hedrick, Jr.
Bonnie Hedrick
109 Southside Drive
Newv'lle, PA 17 1
Sheetal R. Shah-Jani, Es uir
Attorney for Plaintiff
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A
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
US Bank National Association, et. al
(Plaintiff)
vs.
Leonard Hedrick, Jr.
(Defendant)
No.08 Civil Term 2949
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.): Plaintiff's Motion for Summary Judgment
2. Identify counsel who will argue case:
(a) for plaintiff: Sheetal R. Shah-Jani, Esquire
Address: Phelan Hallinan & Schmieg, LLP
One Penn Center at Suburban Station
1617 J.F.K Blvd, Suite 1400
Philadelphia, PA 19103
(b) for defendant: Brian J. Bleasdale, Esquire
Address: 931 Chislett Street
Pittsburgh, PA 15206
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: September 3, 2006
Date:
?
Sheetal R. Sha -Jani, Es ire
Attorney for Plaintiff
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US BANK NATIONAL
ASSOCIATION,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
LEONARD HEDRICK, JR. AND
BONNIE HEDRICK,
DEFENDANTS
og-29q?
:.85-289 CIVIL TERM
IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT
BEFORE BAYLEY, J. AND GUIDO. J.
.?j ORDER OF COURT
AND NOW, this T *?? day of September, 2008, the motion of
plaintiff, US Bank National Association, As Trustee for CSMA ARMT 2006-3, for
summary judgment against defendants Leonard Hedrick, Jr., and Bonnie Hedrick, IS
GRANTED. Judgment is entered in favor of plaintiff and against defendants Leonard
Hedrick, Jr. and Bonnie Hedrick for $125,245.09 plus interest from May 7, 2008, at the
rate of $27.19 per diem.
Xeetal R. Shah-Jani, Esquire
1617 JFK Boulevard
Suite 1400
Philadelphia, PA 19103-1814
For Plaintiff
?''onard Hedrick, Jr., Esquire
Bonnie Hedrick
109 Southside Drive
Newville, PA 17241
By the. Court,
Edgar B. Bayley, J.
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Phelan Hallinan & Schmieg, LLP
By: Daniel G. Schmieg, Esquire
Identification No. 62205
One Penn Center Plaza
1617 JFK Boulevard, Ste. 1400
Philadelphia, PA 19103
(215) 320-0007
US BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR CSMC ARMT 2006-3
VS.
LEONARD HEDRICK, JR.
10 EAST STREET
MOUNT HOLLY SPRINGS, PA 17065
BONNIE HEDRICK
10 EAST STREET
MOUNT HOLLY SPRINGS, PA 17065
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-2949 CIVIL TERM
PRAECIPE TO REDUCE COURT ORDER TO JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Summary Judgment in favor of the Plaintiff and
against LEONARD HEDRICK, JR. and BONNIE HEDRICK, Defendant(s) in
accordance with the Court's Order dated 09/03/08 , and assess Plaintiffs
damages as follows:
As set forth in Complaint
Interest - 05/07/2008 TO 09/03/2008
TOTAL
$125,245.09
$3,262.80
$128,507.89
'fewlell ?
Daniel G. Schmieg, Esquire
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: 9 5 Age
PHS# 175236
PRO PROTHY
_,.16.
Phelan Hallinan & Schmieg, LLP
By: Daniel G. Schmieg, Esquire
Identification No. 62205
One Penn Center Plaza
1617 JFK Boulevard, Ste. 1400
Philadelphia, PA 19103
(215) 320-0007
US BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR CSMC ARMT 2006-3
VS.
LEONARD HEDRICK, JR.
BONNIE HEDRICK
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: NO. 08-2949 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 LEONARD HEDRICK, JR. is over 18 years of age and
resides at 10 EAST STREET, MOUNT HOLLY SPRINGS, PA 17065.
(c) that defendant BONNIE HEDRICK is over 18 years of age, and resides at 10
EAST STREET, MOUNT HOLLY SPRINGS, PA 17065.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unworn falsification to authorities.
A Wi ("I', e (- IZ9 ?q
Daniel G. Schmieg, Esquire
Attorney for Plaintiff
-EA-
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(Rule of Civil Procedure No. 236) - Revised
US BANK NATIONAL ASSOCIATION, CUMBERLAND COUNTY
AS TRUSTEE FOR CSMC ARMT 2006-3
COURT OF COMMON PLEAS
VS.
: CIVIL DIVISION
LEONARD HEDRICK, JR. NO. 08-2949 CIVIL TERM
10 EAST STREET
MOUNT HOLLY SPRINGS, PA 17065
BONNIE HEDRICK
10 EAST STREET
MOUNT HOLLY SPRINGS, PA 17065
Notice is given that a Judgment in the above captioned matter has been entered
against you on J, )u j2,& , 2008.
L-
By:
If you have any questions concerning this matter please contact:
Daniel G. Schmieg, Esquire
Attorney or Party Filing
1617 JFK Boulevard, Ste. 1400
Philadelphia, PA 19103
(215) 563-7000
* *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOTAND
SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT
ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. **
AFFIDAVIT OF SERVICE
PLAINTIFF US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSMC ARMT 2006-3
DEFENDANT(S) LEONARD HEDRICK, JR.
BONNIE HEDRICK
SERVE LEONARD HEDRICK, JR. AT:
109 SOUTHSIDE DRIVE
NEWVILLE, PA 17241
SERVED
CUMBERLAND COUNTY
No. 08-2949 CIVIL TERM
ACCT. #176236
Type of Action
- Notice of Sheriff's Sale
Sale Date: JUNE 10, 2009
Served and made known to _ LftPjAA 0 g =D QICt<, JA Defendant
on the 36-N day of JAIJU49f
2009
, ,
,
at '243- , o'clock P .m., at _10q S DU'rFI51D? ?i21yE 1 IV.PW VV LE_ 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 --(.7.x_1 Height _5K Weight 10 Race W Sex /u Other
I, ' IJ*L 0 l40 LL 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 Sheriffs 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
beWthis364h of NBy: E AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED.
THEODOE J•?
NOTARY PUBLIC NOT SERVED
On& STATE OF NEW SXPI ESR10 2512012
200_,_,, at o'clock _.m., Defendant NOT FOUND because:
Moved Unknown No Answer Vacant
1St Attempt: Time: 2nd Attempt: Time:
3rd Attempt: _Time:_
Sworn to and subscribed Attorney for Plaintiff
before me this day DANIEL G. SCE3MG, Esquire - I.D. No. 62205
of , 200-. One Penn Center at Suburban Station, Suite 1400
Notary: By: 1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
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AFFIDAVIT OF SERVICE
r ` CUMBERLAND COUNTY
PLAINTIFF US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSMC ARMT 2006-3 No. 08-2949 CIVIL TERM
DEFENDANT(S) LEONARD HEDRICK, JR. ACCT. #175236
BONNIE HEDRICK
Type of Action
SERVE BONNIE HEDRICK AT: - Notice of Sheriffs Sale
109 SOUTHSIDE DRIVE
NEWVILLE, PA 17241 Sale Date: JUNE 10, 2009
?` SERVED
Served and made known to JVAJ C- H !j:D let4? , Defendant, on the J016 day of ?.4jVU#10_Y
, 200 , at l .2 , o'clocky.m., at 189 56(4-tos /D E b4l F , N EwV! L(,E_-
, Commonwealth of Pennsylvania, in the manner described below:
Defendant personally served.
-Adult family member with whom Defendant(s) reside(s). Name and Relationship is 84*0
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: AgAe'? Height" Weight ID Race W Sex M Other
I, OXA-La I ?' o Z-1- -,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 Sheriffs 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 3°'M day
of _7A , 200 .
Nota By: TEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE
THEODORE J. HARRIS ATTEMPTED.
NOTARY PUBLIC
STATE OF NEW JERSEY NOT SERVED
MY COMMISSION EXPIRES 10/25/2012
On the day of , 200_, at o'clock -.m., Defendant NOT FOUND because:
Moved Unknown No Answer Vacant
1s1 Attempt: Time: 2"d Attempt: Time:
3rd Attempt: Time:
Sworn to and subscribed Attorney for Plaintiff
before me this day DANIEL G. SCFINIIEG, Esquire - I.D. No. 62205
of , 200. One Penn Center at Suburban Station, Suite 1400
Notary: By: 1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
Pa.R.C.P. 3180-3183
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSMC ARMT 2006-3
Plaintiff,
V.
LEONARD HEDRICK, JR.
BONNIE HEDRICK
Defendant(s).
TO THE PROTHONOTARY:
No. 08-2949 CIVIL TERM
Issue writ of execution in the above matter:
Amount Due
Interest from 09/04/2008-06/10/2009
(per diem -$21.12)
$125,245.09
$5,913.60 and Costs
TOTAL
Note: Please attach description of property.
$131,158.69
DAL G. SCHMIEG ESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
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.
175236
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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
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSMC ARMT 2006-3
Plaintiff,
V. .
LEONARD HEDRICK, JR.
BONNIE HEDRICK
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-2949 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.A. §4904 relating to unworn
falsification to authorities.
fJ ?C?
D` IEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
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US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSMC ARMT 2006-3
Plaintiff,
.a v.
LEONARD HEDRICK, JR.
BONNIE HEDRICK
Defendant(s).
Name
AFFIDAVIT PURSUANT TO RULE 3129.1
US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSMC ARMT 2006-3, 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,10 EAST STREET, MOUNT HOLLY SPRINGS, PA 17065.
1. Name and address of Owner(s) or reputed Owner(s):
LEONARD HEDRICK, JR.
BONNIE HEDRICK
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-2949 CIVIL TERM
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
109 SOUTHSIDE DRIVE
NEWVILLE, PA 17241
109 SOUTHSIDE DRIVE
NEWVILLE, PA 17241
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
MERS AS A NOMINEE FOR ACT
LENDING CORPORATION DBA
ACT MORTGAGE CAPITAL
MERS, INC.
ACT LENDING CORPORATION DBA
ACT MORTGAGE CAPITAL
P.O. BOX 2026
FLINT, MI 48501-2026
3300 SE 34TH AVENUE, SUITE 101
OCALA, FL 34474
481 SAWGRASS CORPORATE PARKWAY,
SUNRISE, FL 33325
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
„hone
or-- 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
Tenant/Occupant
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
10 EAST STREET
MOUNT HOLLY SPRINGS, PA 17065
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
MERS AS A NOMINEE FOR
GMAC MORTGAGE LLC
GMAC MORTGAGE, LLC
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
P.O. BOX 2026
FLINT, MI 48501-2026
ATTN: CUSTOMER SERVICE
P.O. BOX 4622
WATERLOO, IA 50704-4622
BRIAN 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.A. § 4904 relating to unworn falsification to authorities.
February 24, 2009 0 ` Q D JL'
DATE DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
(qn
cn
-US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSMC ARMT 2006-3
Plaintiff,
V.
LEONARD HEDRICK, JR.
BONNIE HEDRICK
Defendant(s).
CUMBERLAND COUNTY
No. 08-2949 CIVIL TERM
February 24, 2009
TO: LEONARD HEDRICK, JR.
109 SOUTHSIDE DRIVE
NEWVILLE, PA 17241
BONNIE HEDRICK
109 SOUTHSIDE DRIVE
NEWVILLE, PA 17241
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * *
Your house (real estate) at, 10 EAST STREET, MOUNT HOLLY SPRINGS, PA 17065, is
scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $125,245.09
obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSMC ARMT 2006-3
(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.
3. You may also be able to stop the sale through other legal proceedings.
V
1 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
(800) 990-9108
y
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of ground situate in the Borough of Mt. Holly Springs, County of
Cumberland, and State of Pennsylvania, bounded and described in accordance with a survey and
pjan threof made by Ernest J. Walker, Professional Engineer, dated July 24, 1964, as follows:
BEGINNING at a point on the southwest side of East Street, said point being 50.00 feet northwest of
South Street; thence extending along land now or formerly of Virgil Miller, South 43 degrees 45
minutes West, 180.00 feet to a point on the northeast side of an alley (presently unopened); thence
along the same, North 46 degrees 15 minutes West, 91.00 feet to a corner of land now or formerly of
Thomas K. Nell; thence along said land, North 43 degrees 45 minutes East, 180.00 feet to a point on
the southwest side of East Street aforesaid; thence along the same, South 46 degrees 15 minutes
East, 91.00 feet to the point and place of BEGINNING.
BEING THE SAME PREMISES VESTED IN Leonard Hedrick, Jr. and Bonnie Hedrick, his wife,
by Deed from Steven D. Kellam and Renay R. Kellam, h/w, dated 04/14/2006, recorded 04/21/2006,
in Deed Book 274, page 616.
PREMISES BEING: 10 EAST STREET, MOUNT HOLLY SPRINGS, PA 17065
PARCEL NO. 23-32-2336-112
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-2949 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, as Trustee for
CSMC ARMT 2006-3, Plaintiff (s)
From LEONARD HEDRICK, JR and BONNIE HEDRICK
(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 $125,245.09
L.L. $.50
Interest from 9/04/08 - 6/10/09 (per diem - $21.12) -- $5,913.60 and Costs
Atty's Comm %
Due Prothy $2.00
Atty Paid $205.00 Other Costs
Plaintiff Paid
Date: 2125/09
s R. Lon , rothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: DANIEL G. SCHMIEG, ESQUIRE
Address: PHELAN HALLINAN & SCHMIEG
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
0. AFFIDAVIT OF SERVICE
PLAINTIFF US BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY
TRUSTEE FOR CSMC ARMT 2006-3 No. 08-2949 CIVIL TERM
DEFENDANT(S) LEONARD HEDRICK, JR. ACCT. #175236
BONNIE HEDRICK
Type of Action
SERVE BONNIE HEDRICK AT: - Notice of Sheriffs Sale
109 SOUTHSIDE DRIVE
NEWVILLE, PA 17241 Sale Date: JUNE 10, 2009
SERVED
Served and made known to &NIN I E ti'cop c e Defendant, on the `7 4u day of ca
, 2009 at a'pD , o'clock V.m., at log 5&(AT" Ibe b9t UE/ Ncou vlu,E_
Commonwealth of Pennsylvania, in the manner described below:
Defendant personally served.
?Aduh family member with whom Defendant(s) reside(s). Name and Relationship is EO V D
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: n ID
G^ C. r?
Description: Age ?S Height-5-Y' Weight lC Race W Sex AA Other ? m
r1i r -
I, O 14- a competent adult, being duly sworn according to law, depose and s 6t I ?
personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth here'
captioned case on the date and at the address indicated above. in theme_
"C)
Sw to and su ibed
fore m .s day cz?
of 200.
No - By:
A MPT SE VI AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE
ATTEMPTED.
Sta?2 u: t'..,. .
PATRICIA E. +•.r tSiS NOT SERVED
Coa;am"on Expires June 18, 2013
On the day of , 200_, at o'clock ?.m., Defendant NOT FOUND because:
Moved Unknown No Answer Vacant
1'' Attempt: Time: 2°a Attempt: Time:
3rd Attempt: Time:
Sworn to and subscribed Attorney for Plaintiff
before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205
of . 200: One Penn Center at Suburban Station, Suite 1400
Notary: By: 1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
a
a,5 165
AFFIDAVIT OF SERVICE
PLAINTIFF US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSMC ARMT 2006-3
DEFENDANT(S) LEONARD HEDRICK, JR.
BONNIE HEDRICK
SERVE LEONARD HEDRICK, JR.. AT:
109 SOUTHSIDE DRIVE
CUMBERLAND COUNTY
No. 08-2949 CIVIL TERM
ACCT. #176236
Type of Action
- Notice of Sheriff's Sale
NEWVILLE, PA 17241 Sale Date: JUNE 10, 2009
SERVED e ,,
Served and made known to E Defendant, on the day of ,t . /OC 44- 20(1
at_ 3 00 o'clock _f.m.,atjtq 'n u?aleEl' tr&_yF_WV(LLF
? Commonwealth
of Pennsylvania, in the manner described below: C? ` i
? Defendant
personally
served.
72 C r
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-ra
Adult family member with whom Defendant(s) reside(s). Name and Relationship is
W .?
rn Q
Adult in charge of Defendant(s)'s residence who refused to give name or relationship.
M - - a
anager/CIerk of place of lodging in which Defendant(s) reside(s). r ' t J,
Agent or person in charge of Defendant(s)'s office or usual place of business
.
an officer of said Defendant(s)'s company.
Other
' c
--
-
;> c J
_-
Description: Age _1XLS Height 29" Weight a 10 Race W Sex AA Other
a competent adult, being duly sworn according to law, depose and gate that I personally handed
a true and correct copy of the Notice of Sheriffs 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 su bed
e c this ? h day
of 2008, ??----??
No By:
S VI LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED.
Nc?.?r, ' NOT SERVED
State mf New JL,;sy
PATRICI FMtRRIS , 200- at
Osst+611 ERpir June ,
Moved Unknown No Answer
1" Attempt: Time:
3rd. Attempt: Time:.
Sworn to and subscribed
before me this day
of 200,
Notary:
By:
o'clock _.m., Defendant NOT FOUND because:
Vacant
2ad Attempt:
Attorney for agintiff
DANIEL G. SCKMIEG, Esquire - I.D. No. 62205
One Penn Canter at Suburban Station, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
2,5 ?a5a
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. I.D. No. 69849
ATTORNEY FOR PLAINTIFF
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas
TRUSTEE FOR CSMC ARMT 2006-3
Plaintiff Civil Division
V. CUMBERLAND County
LEONARD HEDRICK, JR No. 08-2949 CIVIL TERM
BONNIE HEDRICK
Defendants
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 May 9, 2008,
a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A".
2. Plaintiff obtained summary judgment by Order of Court dated September 3, 2008.
Damages were assessed on or about November 25, 2008 in the amount of $128,507.89. A true
and correct copy of the Plaintiff's Assessment of Damages is attached hereto, made part hereof,
and marked as Exhibit "B".
3. 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 June 10, 2009.
5. Additional sums have been incurred or expended on Defendants' behalf since the
Complaint was filed and Defendants have been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance $116,776.96
Interest Through June 10, 2009 $15,938.06
Per Diem $27.19
Late Charges $136.56
Legal fees $2,625.00
Cost of Suit and Title $1,171.50
Sheriffs Sale Costs $0.00
Property Inspections/ Property Preservation $242.50
Appraisal/Brokers Price Opinion $285.00
Mortgage Insurance Premium / $0.00
Private Mortgage Insurance
Non Sufficient Funds Charge $0.00
Suspense/Misc. Credits ($0.00)
Escrow Deficit $9,297.96
TOTAL $146,473.54
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 Defendants.
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 April 3, 2009 and requested
the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true
and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are
attached hereto, made part hereof, and marked as Exhibit "C".
10. No judge has previously entered a ruling in this case.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
By: Phelan Hallinan & Schmieg, LLP
DATE:
Michele M. adford, Esquire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas
TRUSTEE FOR CSMC ARMT 2006-3 :
Plaintiff Civil Division
V.
CUMBERLAND County
LEONARD HEDRICK, JR No. 08-2949 CIVIL TERM
BONNIE HEDRICK
Defendants
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
1. BACKGROUND OF CASE
LEONARD HEDRICK, JR and BONNIE HEDRICK 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 10 EAST STREET, MOUNT HOLLY SPRINGS, PA
17065.
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, Defendants 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 Defendants 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. v 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
Defendants 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 Defendants' failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors
are 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
mortgagors have 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 Defendants 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: l
Phelan Hallinan & Schmieg, LLP
By:
Michele M. Bradford, Esquire
Attorney for Plaintiff
Exhibit "A"
PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
DANIEL G. SCHMIEG, ESQ., Id. No. 62205
MICHELE M. BRADFORD, ESQ., Id. No. 69849
JUDITH T. ROMANO, ESQ., Id. No. 58745
SHEETAL SHAH-JANI, ESQ., Id. No. 81760
JENINE R. DAVEY, ESQ., Id. No. 87077
MICHAEL E. CARLETON, ESQ., Id. No. 203009
VIVEK SRIVASTAVA, ESQ., Id. No. 202331
JAY B. JONES, ESQ., Id. No. 86657
PETER MULCAHY, ESQ., Id. No. 61791
ANDREW SPIVACK, ESQ., Id. No. 84439
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000 175236
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSMC ARMT 2006-3
3476 STATEVIEW BLVD
FORT MILL, SC 29715
Plaintiff
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ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. OR- a949 0-4 v I ( 7erh
CUMBERLAND COUNTY
LEONARD HEDRICK, JR
BONNIE HEDRICK
109 SOUTHSIDE DRIVE
NEWVILLE, PA 17241 a<<< s;c :Joy certify
be a true and
COPY of the
Defendants died of record
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 175236
CMNEY FILE GOPY
p?,psE R?uaN
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 N: 175236
IF THIS IS THE FIRST NOTICE THAT YOU HAVE
RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE
DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S)
DO SO IN WRITING WITHIN THIRTY (30) DAYS OF
RECEIPT OF THIS PLEADING, COUNSEL FOR
PLAINTIFF WILL OBTAIN AND PROVIDE
DEFENDANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED
TO BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)
THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL
THE END OF THE THIRTY (30) DAY PERIOD
FOLLOWING FIRST CONTACT WITH YOU BEFORE
SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH
THE LAW PROVIDES THAT YOUR ANSWER TO THIS
COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN
File #: 175236
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.
i
File #: 175236
Plaintiff is
US BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR CSMC ARMT 2006-3
3476 STATEVIEW BLVD
FORT MILL, SC 29715
2. The name(s) and last known address(es) of the Defendant(s) are:
LEONARD HEDRICK, JR
BONNIE ]HEDRICK
109 SOUTHSIDE DRIVE
NEWVILLE, PA 17241
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 04/14/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC., AS A NOMINEE FOR ACT LENDING CORPORATION DOING BUSINESS
AS ACT MORTGAGE CAPITAL which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Mortgage Book No. 1947, Page 2734. The
PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing
an assignment of same. The mortgage and assignment(s), if any, are matters of public
record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g);
which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if
those documents are of public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 12/01/2007 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.
File #: 175236
6. The following amounts are due on the mortgage:
Principal Balance $116,776.96
Interest $3,779.41
11/01/2007 through 05/07/2008
Attorney's Fees $1,250.00
Cumulative Late Charges $136.56
04/14/2006 to 05/07/2008
Cost of Suit and Title Search 550.00
Subtotal $122,492.93
Escrow
Credit $0.00
Deficit $2,752.16
Subtotal $2,752.16
TOTAL $125,245.09
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.
8.
9.
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.
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
File #: 175236
Notice of Default as required by the mortgage document, as applicable, have been sent to
the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by
said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff
or an authorized consumer credit counseling agency, or has/have been denied assistance
by the Pennsylvania Housing Finance Agency.
10. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
It. This action does not come under Act 91 of 1983 because the mortgage premises is not the
principal residence of Defendant(s).
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum
of $125,245.09, together with interest from 05/07/2008 at the rate of $27.19 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.
HALLINAN & SCHMIEG, LLP
By. 00-7
LA C T. PHELAN, ES UIRE
FRANCIS S. HALLINAN, ESQUIRE
DANIEL G. SCHMIEG, ESQUIRE
MICHELE M. BRADFORD, ESQUIRE
JUDITH T. ROMANO, ESQUIRE
SHEETAL R. SHAH-JANI, ESQUIRE
JENINE R. DAVEY, ESQUIRE
MICHAEL E. CARLETON, ESQUIRE
VIVEK SRIVASTAVA, ESQUIRE
JAY B. JONES, ESQUIRE
PETER MULCAHY, ESQUIRE
ANDREW SPIVACK, ESQUIRE
Attorneys for Plaintiff
Filet 175236
LEGAL DESCRIPTION
ALL that certain lot of ground situate in the Borough of Mount Holly Springs, County of
Cumberland and State of Pennsylvania, bounded and described in accordance with a survey and
plan thereof made by Ernest J. Walker, Prof. Eng., dated July 24, 1964, as follows:
BEGINNING at a point on the southwest side of East Street, said point being 50 feet northwest
of South Street; thence extending along land now or formerly of Virgil Miller South 43 degrees
45 minutes West 180 feet to a point on the northeast side of an alley (presently unopened);
thence along the same North 46 degrees 15 minutes West 91 feet to a corner of land now or
formerly of Thomas K. Nell; thence along said land North 43 degrees 45 minutes East 180 feet to
a point on the southwest side of East Street aforesaid; thence along the same South 46 degrees 15
minutes east 91 feet to the point and place of BEGINNING.
HAVING thereon erected a one-story frame dwelling known as No. 10 East Street.
PARCEL: 23-32-2336-112
File #: 175236
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 unsworn falsifications to authorities. 0 7o -77
o #or Plaintiff
DATE: ?5 f 6 ?
Exhibit "B"
Phelan Hallinan & Schmieg, LLP
By: Daniel G. Schmieg, Esquire
Identification No. 62205
One Penn Center Plaza
1617 JFK Boulevard, Ste. 1400
Phil 1
ade plua, PA 19103 Attorney for Plaintiff
(215 320-0007
US BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR CSMC ARMT 2006-3
VS.
LEONARD HEDRICK, JR.
10 EAST STREET
MOUNT HOLLY SPRINGS, PA 17065
CUMBERLAND COUNTY
ale;?
D t:
• ?&?ON PLEAS
CIVIL DIVISION
NO. 08-2949 CIVIL TERM
BONNIE HEDRICK
10 EAST STREET
MOUNT HOLLY SPRINGS, PA 17065
PRAECIPE TO REDUCE COURT ORDER TO JUDGMENT
TO THE PROTHONOTARY:
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Kindly enter Summary Judgment in favor of the Plaintiff and
against LEONARD HEDRY , JR and BONNIE HEDRICK, Defendant(s) in
accordance with the Court's,, Order dated 09/03/08 , and assess Plaintiffs
damages as follows: _a d w.;
As set forth in Complaint 111 $125,245.09
Interest - 05/07/2008 TO 09/03/2008 $3,262.80
TOTAL $128,507.89
?y C^l
:a
Daniel G. Schmieg, Esquire
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE:.
PHS# 175236 PRO PR THY
US BANK NATIONAL IN THE COURT OF COMMON PLEAS OF
ASSOCIATION, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
LEONARD HEDRICK, JR. AND
BONNIE HEDRICK,
DEFENDANTS 08-2849 CIVIL TERM
IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT
BEFORE BAYLEY, J. AND GUIDO J
AND NOW, this
ORDER OF COURT
°r4- day of September, 2008, the motion of
plaintiff, US Bank National Association, As Trustee for CSMA ARMT 2006-3, for
summary judgment against defendants Leonard Hedrick, Jr., and Bonnie Hedrick, IS
GRANTED. Judgment is entered in favor of plaintiff and against defendants Leonard
Hedrick, Jr. and Bonnie Hedrick for $125,245.09 plus interest from May 7, 2008, at the
rate of $27.19 per diem.
B.Gourt,
Edgar B. Bayley, J.
Sheetal R. Shah-Jani, Esquire
1617 JFK Boulevard
Suite 1400
Philadelphia, PA 19103-1814
For Plaintiff
Leonard Hedrick, Jr., Esquire
Bonnie Hedrick
109 Southside Drive
Newville, PA 17241 :sal
Exhibit "C"
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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.
Phelan Hallinan & Schmieg, LLP
DATE: /07 BY:
Michele M. Bradford, Esquire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSMC ARMT 2006-3
Plaintiff
V.
LEONARD HEDRICK, JR
BONNIE HEDRICK
Defendants
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 08-2949 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.
LEONARD HEDRICK, JR
BONNIE HEDRICK
109 SOUTHSIDE DRIVE
NEWVILLE, PA 17241
BRIAN J. BLEASDALE
931 CHISLETT ST.
PITTSBURGH, PA 15206
DATE: X15-
LEONARD HEDRICK, JR
BONNIE HEDRICK
10 EAST STREET
MOUNT HOLLY SPRINGS, PA 17065
Phelan Hallinan & Schmieg, LLP
By:
Michele M. radford, Esquire
Attorney for Plaintiff
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2 004 APR 13 AID 1:4
cull,
3
4 APR 1 4 2099
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas
TRUSTEE FOR CSMC ARMT 2006-3
Plaintiff Civil Division
V. CUMBERLAND County
LEONARD HEDRICK, JR No. 08-2949 CIVIL TERM
BONNIE HEDRICK
Defendants
RULE
AND NOW, this I-< day of 2009, a Rule is entered upon the Defendants
to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess
Damages.
A o* ,,
Rule Returnable on the day of 2009, at7' in the Maime
45
Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylv
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Michele M. Bradford, Esquire
ielan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
michele.bradford@fedphe.com
LEONARD HEDRICK, JR
B IE HEDRICK
4409 SOUTHSIDE DRIVE
NEWVILLE, PA 17241
A RLAN J. BLEASDALE
931 CHISLETT ST.
PITTSBURGH, PA 15206
LEONARD HEDRICK, JR
139NNIE HEDRICK
0 EAST STREET
MOUNT HOLLY SPRINGS, PA 17065
175236
P, 'A
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CSMC ARMT 2006-3
Plaintiff
V.
LEONARD HEDRICK, JR
BONNIE HEDRICK
Defendants
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 08-2949 CIVIL TERM
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's April 15, 2009 Rule was sent
to the following individuals on the date indicated below.
LEONARD HEDRICK, JR LEONARD HEDRICK, JR
BONNIE HEDRICK BONNIE HEDRICK
109 SOUTHSIDE DRIVE 10 EAST STREET
NEWVILLE, PA 17241 MOUNT HOLLY SPRINGS, PA 17065
'VA
BRIAN J. BLEASDALE
931 CHISLETT ST.
PITTSBURGH, PA 15206
DATE: A I Min
e
P 1 Hallinan & Schmieg, LLP
By:
M e e M. radford, Esquire
Attorney for Plaintiff
I-11_L Ef j i`E V
a ."iApy
2009 Pil, 30 rl 10: 53-
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
US BANK NATIONAL ASSOCIATION, AS TRUSTEE
FOR CSMC ARMT 2006-3
Plaintiff
V.
LEONARD HEDRICK, JR.
BONNIE HEDRICK
Defendant(s)
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 08-2949 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129.1
AND RETURN OF SERVICE PURSUANT TO
Pa. R.C.P. 405 OF NOTICE OF SALE
I, the undersigned attorney, attorney for US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSMC
ARMT 2006-3 herby verify as follows:
As required by Pa. R.C.P. 3129. 1 (a), Notice of Sale has been given to all known Lienholders and any
known interested party 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. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail
Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit "A".
PHELAN HALLINAN & SCHMIEG, LLP
Date: 1- /N JL°o)
B : )'? j
Lawrence T. Phelan, Esq., Id. No. 32227
_?-Fllncis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Michele M. Bradford, Esq., Id. No. 69849
Judith T. Romano, Esq., Id. No. 58745
Sheetal R. Shah-Jani, Esq., Id. No. 81760
Jenine R. Davey, Esq., Id. No. 87077
Lauren R. Tabas, Esq., Id. No. 93337
Vivek Srivastava, Esq., Id. No. 202331
Jay B. Jones, Esq., Id. No. 86657
Peter J. Mulcahy, Esq., Id. No. 61791
Andrew L. Spivack, Esq., Id. No. 84439
Jaime McGuinness, Esq., Id. No. 90134
Chrisovalante P. Fliakos, Esq., Id. No. 94620
Joshua I. Goldman, Esq., Id. No. 205047
Attorneys for Plaintiff
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.
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US BANK NATIONAL ASSOCIATION, IN THE COURT OF COMMON PLEAS OF
V:
AS TRUSTEE FOR CSMC ARMT 2006-
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-2949 Civil Term
VS.
Civil Division
LEONARD HEDRICK
BONNIE HEDRICK .
Defendants
ENTRY OF APPEARANCE AS LOCAL COUNSEL
Dear Sir:
I hereby enter my appearance as local counsel, in conjunction
with Phelan Hallinan & Schmieg, LLP, for the limited purpose of
representing the Plaintiff at Oral Argument on Plaintiff's Motion
to Reassess Damages on June 5, 2009 at 9:30 a.m. in Courtroom
No. 3 of the Cumberland County Courthouse, Carle, Pennsylvania.
Date: June 3, 2009
Dale F. Sgha , Jr.
Supreme C rt ID. 19373
10 West High St eet
Carlisle, PA 17013
(717) 241-4311
CC: Michele M. Bradford, Esquire
Leonard Hedrick, Jr.
Bonnie Hedrick
Brian J. Bleasdale
HAIRY
OF THE P' I
2009 JU -3 PI 2': I
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r-
Non Sufficient Funds Charge $0.00
Suspense/Misc. Credits ($0.00)
Escrow Deficit $9,297.96
TOTAL $146,473.54
Plus interest from June 10, 2009 through the date of sale at six percent per annum.
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
figure.
?4WT
J.
Michele M. Bradford, Esquire
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
michele.bradford(a,fednhe.cem
---'LEONARD HEDRICK, JR
BONNIE HEDRICK
109 SOUTHSIDE DRIVE
NEWVILLE, PA 17241
LEONARD HEDRICK, JR
BONNIE HEDRICK
10 EAST STREET
MOUNT HOLLY SPRINGS, PA 17065
/BRIAN J. BLEASDALE
931 CHISLETT ST.
PITTSBURGH, PA 15206
Co f l ks rnal LL
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