The URL can be used to link to this page

Home My WebLink About04-1238GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER. 701 MARKET STREET PHILA, DELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF SOVEREIGN BANK 601 Penn Street Mail Code: 10-6438-MD4 Reading, PA 19601 Plaintiff VS. KATHRYN Z. RHOADES MICHAEL D. WHITTEN Mortgagor(s) and Real Owner(s) Defendant(s) 735 Pine Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CiVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. Or4 '-/,;1.~ CIVIL ACTION: MORTGAGE FORECLOIURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TIlE PURPOSE OF COLLECTING THE DEBT. 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 the 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 claim in the Complaint of for any other claim or relief ~equested by the Plainti~ You may lose money or properly or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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. LEGAL SERVICES INC 8 lrvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNtrY BAR ASSOCIAIION 2 Liberty Avenue Carlisle. PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAM ENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRIIA, EL PUNIO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEIAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO. DECIDIR A FAVOR DEL DEMANDANIE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PEP. DER DINERO, PROPIEDAD U OTROS DERECHOS IM PORTANTES. USTED DEBE LLEVAR [~STE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABA JO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERI~ INFORM AC1ON ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 lrvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiffis SOVEREIGN BANK, 601 Penn Street, Mail Code: 10-6438-MD4 Reading, PA 19601. 2., The name(s) and address(es) of the Defendant(s) is/are KATHRYN Z. RHOADES, 735 Pine Road, Carlisle, PA 17013 and MICHAEL D. WHITTEN, 735 Pine Road, Carlisle, PA 17013, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. On November 30, 2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST UNITED MORTGAGE SERVICES INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1741 Page 860: The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: SOVEREIGN BANK by Assignment of Mortgage dated December 05, 2001 as Book 682 Page 4202; and these documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payment of principal and interest upon said mortgage due December 01,2003, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest fi.om 11/01/2003 through 03/31/2004 at 6.6250% Per Diem interest rate at $17.23 Attorney's Fee at 5.0% of Principal Balance Late Charges fi.om 12/01/2003 to 03/31/2004 Monthly late charge amount at $39.50 Costs of suit and Title Search Miscellaneous fees Satisfaction fee Monthly Escrow amount $165.13 $95,364.40 $2,619.81 $4,768.22 $124.96 $900.00 $103,777.39 +$9.25 +$27.00 $103,8~.64 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the tree and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREEORE, Plaintiffdemands an in rem judgment in mortgage foreclosure in the sum of $103,813.64, together with interest at the rate of $17.23, per day and other expenses incurred by the Plainfiffwhich are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: G~cC~A FF~Ei~E R BY: J~EPH fi[. (~OLDBECK, JR., ESQUIRE ATTOI~hNEY FOR PLAINTIFF VERIFICATION I, Alan Norris, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date:March 18, 2004 Alan Norris Foreclosure Administrator #176542655 - KATHRYN Z. RHOADES and MICHAEL D. WHITTEN TRACT II: BEGINNING at a spike in the center of Pine Road (L.R. 21008); thence along the lands now or formerly of Earl Caufman, North 13 degrees 23 minutes 20 seconds East 246.60 feet to a railroad iron; thence along lands now or formerly of the Reading Co. Railroad, North 58 degrees 31 minutes 05 seconds East 182.62 feet to a railroad iron; thence along the lands now or formerly of George Widders, South 14 degrees 08 minutes 46 seconds West 265.05 feet to a spike set in the center line of Pine Road (L.R. 21008); thence along the center line of said Pine Road, South 62 degrees 08 minutes 25 seconds West 167.47 feet to a spike, The Place of BEGINNING. BEING all of Lot #2 on the Final Subdivision Plan for Terry O'Donnell dated August 2, 1982 and revised September 13, 1982 by Thomas A. Neff, R. S., and recorded in the Office of the Recorder of Deeds in and for Cumberland CountY, Pennsylvania, Plan Book 42, Page 66. CONTAINING 2,219 square feet and being designated as Track 2. BEING THE SAME PREMISES which J. Duane Kelly and Janet M. Kelly, husband and wife, by Deed dated September 2, 1999 and recorded September 9, 1999 in the Office of the Recorder of Deeds in and for ~umberland County, Pennsylvania, in Deed Book 207, Page 423, granted and conveyed unto Joseph R. Beaty and Kathleen A. Beaty, husband and wife. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE KATHRYN Z RHOADES 735 PINE RD CARLISLE PA 17013 Date of Notice: February 4, 2004 Loan# 0176542655 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Soecific information about the nature of the default is orovided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP} may be able to helo to save your home. This Notice exolains how the orogram works. To see if HEMAP can helo, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF IH~: DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and ohone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsvlvaula Hous'mu Finance Agency toll free at 1-800-342-2397.(Persons with imoaired hearin~ can call (717) 780-1869). This Notice contains important leltal information. If you have any questions, reoresentatives at the Consumer Credit Counselin~ A~encv may be able to heio exolaln it. You may also want to contact an attorney in your area. The local bar association may be able to helo you find a lawyer. LA NOT1FICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES 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 "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: MICHAEL D WHITTEN KATHRYN Z RHOADES 735 PINE RD CARLISLE PA 17013 LOAN ACCT. NO.: 0176542655 CURRENT LENDER/SERVICER: Sovereign Bank ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date of Notice: February 4, 2004 MICHAEL D WHITTEN 735 PINE RD CARLISLE PA 17013 Loan # 0176542655 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) mav 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 30 DAYS OF TH~ DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, van may call the Pennsylvania Housing 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 van 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 AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOT1FICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENC/A (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEG1BLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A RED/MIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: MICHAEL D WHITTEN KATHRYN Z RHOADES 735 PINE RD CARLISLE PA 17013 LOAN ACCT. NO.: 0176542655 CURRENT LENDER/SERVICER: Sovereign Bank 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 HOMEO'vVNER'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 (30) days fi.om 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 W~ITllIN THE NEXT (30) 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 yottr intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in 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 txied and are unable to resolve this problem with the lender, you have the right to apply for f'mancial 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. Ouly 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 al~er 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 1S 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 (Brine it uo to date). NATURE OF THE DEFAULT --The MORTGAGE held by Sovereign Bank (hereinafter we, us, or ours) on your · property located at 735 PINE RD, CARLISLE PA 17013, IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE THE MONTHLY PAYMENTS of $790.08 since 12/01/03 to the present. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $2486.86. The total amount includes late charges and any other charges that have accrued to this date. If you disagree with the assertion that a default has occurred or the correctness of the calculated amount required to cure the default, contact: SOVEREIGN BANK MORTGAGE COLLECTIONS DEPARTMENT PO BOX 8627 READING PA 19603 1-800-753-7366 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 $2486.86, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money order made payable to Sovereign Bank and sent to the above address. 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 attorneys to start legal action to foreclose uoon your mortgaged 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 you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30} DAY oeriod, you will not be reouired to oar 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 any time up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past due, plus any late or other char~es then due, reasonable attorney's fees and costs connected with the foreclnsurc sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other rcauirements 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 mortgaged 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: Name of Lender: SOVEREIGN BANK Address: PO BOX 8627, READING PA 19603 Phone Number: 1-800-753-7366 Fax Number: 1-800-881-9334 Contact Person: Constance M. Cocroft, Vice President EFFECT OF SHERIFt~"S SALE - You should realize that a Sheriff's 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 Sheriffs Sale, a lawsuit to remove you and your fiunishlngs and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may have the right to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage arc 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, 1F YOU CURE THE DEFAULTs. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN Ttt~EE 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 (SEE ENCLOSURE) You may contact our Mortgage Services Department via E-mail at: MORTSERV(~S OVEREIGN BANK. COM This bank is a debt collector attempting to collect a debt and any information obtained from you will be used for that purpose. SHERIFF'S RETURN - REGULAR CASE NO: 2004-01238 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS RHOADES KATHRYN Z ET AL BRIAN BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon RHOADES KATHRYN Z DEFENDANT , at 1534:00 HOURS, on the at 735 PINE ROAD CARLISLE, PA 17013 by handing to MICHAEL WHITTEN, BOYFRIEND a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, 8th day of April the 2004 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.83 Affidavit ,00 Surcharge 10.00 ,00 32.83 Sworn and Subscribed to before me this ;~-~ day of honotary ~ So Answers: R. Thomas Kline 04/12/2004 Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-01238 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS RHOADES KATHRYN Z ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WHITTEN MICHAEL D the DEFENDANT at 1534:00 HOURS, on the 8th day of April , 2004 at 735 PINE ROAD CARLISLE, PA 17013 by handing to MICHAEL WHITTEN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ L day of ,~ 2-0o~ A.D. Prothonotary / So Answers: R. Thomas Kline GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. · 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff SOVEREIGN BANK 601 Penn Street Mail Code: 10-6438-MD4 Reading, PA 19601 Plaintiff VS. KATHRYN Z. RHOADES MICHAEL D. WHITTEN (Mortgagor(s) and Record owner(s)) 735 Pine Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 04-1238 CIVIL TERM ORDER FOR JUDGMENT Please emer Judgment in favor of SOVEREIGN BANK, and against KATHRYN Z. RHOADES and MICHAEL D. WHITTEN for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service~the Complaint, in the sum of $104,912.10. Joseph . Attorney for P~ai t~ff I hereby certify that the above names are correct and that the t~ecise residence address of the judgment creditor is SOVEREIGN BANK 601 Penn Street Mail Code: 10-6438-MD4 Reading, PA 19601 and that the name(s) and last known address(es) of the Defendant(s) is/are KATHRYN Z. RHOADES, 735 Pine Road Carlisle, PA 17013 and MICHAEL D. WHITTEN, 735 Pine Road Carlisle, PA 17013; GOLDBEC~ ,~FERTY & McKEEVER BY: Joseph ~ ~o}~eck, Jr. Attorney for F dnti~ ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 11/01/2003 through 05/10/2004 Attorney's Fee at 5.0000% of principal balance Late Charges Costs of Suit and Title Search Escrow Balance Deficit Miscellaneous Fees Satisfaction Fee AND NOW, this ]]d-~ day of $95,364.40 $3,309.01 $4,768.22 $203.96 $900.00 $330.26 $9.25 $27.00 $104,912.10 GOLDBECK Mc~~~ & McKEEVER ,2004 damages are assessed as above. Pro Prothy VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, KATHRYN Z. RHOADES, is about unknown years of age, that Defendant's last known residence is 735 Pine Road, Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1o That the above named Defendant, MICHAEL D. WHITTEN, is about unknown years of age, that Defendant's last known residence is 735 Pine Road, Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress Date: and its Amendments. In the Court of Common Pleas of Cumberland County SOVEREIGN BANK 601 Penn Street MaiI Code: 10-6438-MD4 Reading, PA 19601 VS. KATHRYN Z. RHOADES MICHAEL D. WHITTEN (Mortgagor(s) and Record Owner(s)) 735 Pine Road Carlisle, PA 17013 Plaintiff Defendant(s) No. 04-1238 CIVIL TERM PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against KATHRYN Z. RHOADES and MICHAEL D. WHITTEN by default for want of an Answer. Assess damages as follows: Debt $104,912.10 Interest - 11/01/2003 to 05/10/2004 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred an0-~l~/~s{ ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 ~ 5~¥ ~'~ Joseph A. G~, Jr. Attorney forff'~amtlff I'D- #16132 ~V /~ AND NOW , , Judgment is entered in favor of SOVEREIGN BANK and against KATHRYN Z. RHOADES and MICHAEL D. WHITTEN by default for want of an Answer and damages assessed in the sum of $104,912.10 as per the above certification. Prothonotary THIS LAW FIRM 1S A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: April 29, 2004 TO: KATHRYN Z. RItOADES 630 Conodoguinet Ave. Carlisle, PA 17013 SOVEREIGN BANK 601 Penn Street Mail Code: 10-6438-MD4 Reading, PA 19601 VS. KATHRYN Z. RHOADES MICHAEL D. WHiTTEN (Mortgagor(s) and Record Owner(s)) 735 Pine Road Carlisle, PA 17013 Plaintiff In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure TelTfl No. 04-1238 CIVIL TERM Defendant(s) TO: KATHRYN Z. RHOADES 630 Conodoguinet Ave. Carlisle, PA 17013 IMPORTANT NOTICF, YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. Il: 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. Be 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. LEGAL SERVICES INC 8 lrvine Row 717-243-9400 CUMBERiAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attomey for Plaintiff Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: April 29, 2004 TO: MICHAEL 1). WHITTEN 630 Conodoguinet Ave. Carlisle, PA 17013 SOVEREIGN BANK 601 Penn Street Mail Code: 10-6438-MD4 Reading, PA 19601 VS. KATHRYN Z. RHOADES MICHAEL D. WHITTEN (Mortgagor(s) and Record Owner(s)) 735 Pine Road Carlisle, PA 17013 Plaintiff In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure TerlH No. 04-1238 CIVIL TERM Defendant(s) TO: MICHAEL D. VOIITTEN 630 Conodoguinet Ave. Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. I~GAL SERVICES INC 8 irvine Row Carlisle, PA ! 7013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Libe~y Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: April 29, 2004 TO: MICHAEL D. WHITTEN 4548 Wicklow Place Apt. 201 Virgnia Beach, VA 23452 SOVEREIGN BANK 601 Penn Street Mail Code: 10-6438-MD4 Reading, PA 19601 VS. KATHRYN Z. RHOADES MICHAEL D. WHrI'TEN (Mortgagor(s) and Record Owner(s)) 735 Pine Road Carlisle, PA 17013 Plaintiff In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 04-1238 CIVIL TERM Defendant(s) TO: MICHAEL D. WHITTEN 4548 Wicklow Place Apt. 201 Virgnia Beach, VA 23452 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. W 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. LEGAL SERVICESINC 8 lrvineRow Carlisle, PAl7013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: April 29, 2004 TO: KATHRYN Z. RHOADES 4548 Wicldow Place Apt. 201 Virgnia Beach, VA 23452 SOVEREIGN BANK 601 Penn Street Mail Code: 10-6438-MD4 Reading, PA 19601 VS. KATHRYN Z. RHOADES MICHAEL D. WHITTEN (Mortgagor(s) and Record Owner(s)) 735 Pine Road Carlisle, PA 17013 Plaintiff In the Court of Common Pleas of Cumberland County CWIL ACTION - LAW Action of Mortgage Foreclosure rernl No. 04-1238 C1VIL TERM Defendant(s) TO: KATHRYN Z. RHOADES 4548 Wicklow Place Apt. 201 Virgnia Beach, VA 23452 IMPORTANT NOTICE YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPER~ OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH rNFORMATION 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. LEGAL SERVICES INC 8 lrvine Row Carlisle, PA 17013 717-243 -9400 CUMBERLAND COUN~ BAR ASSOCIATION 2 lJ~bei~y Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: April 29, 2004 TO: MICHAEL D. WHITTEN 735 Pine Road Carlisle, PA 17013 SOVEREIGN BANK 601 Penn Street Mail Code: 10-6438-MD4 Reading, PA 19601 VS, KATHRYN Z. RHOADES MICHAEL D. WHITTEN (Mortgagor(s) and Record Owner(s)) 735 Pine Road Carlisle, PA 17013 Plaintiff In the Court of Common Pleas of Cumberland County CiVIL ACTION - LAW Action of Mortgage Foreclosure telTil No. 04-1238 CWIL TERM Defendant(s) TO: MICHAEL D. WHITTEN 735 Pine Road Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A R.EDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 kvine Row 717-243-9400 CUMBERLAND COUNTY BAR AS SOCIATION 2 Libeay Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & MeKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center. 701 Market Street Philadelplda, PA 19I 06 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: April 29, 2004 TO: KATHRYN Z. RHOADES 735 Pine Road Carlisle, PA 17013 SOVEREIGN BANK 601 Penn Street Mail Code: 10-6438-MD4 Reading, PA 19601 VS. KATHRYN Z. RHOADES MICHAEL D. WHITTEN (Mortgagor(s) and Record Owner(s)) 735 Pine Road Carlisle, PA 17013 Plaintiff In the Court of Common Pleas of Cumberland County CIViL ACTION - LAW Action of Mortgage Foreclosure Tcrnl No. 04-1238 CIVIL TERM Defendant(s) TO: KATHRYN Z. RHOADES 735 Pine Road Carlisle, PA 17013 IMPORTANT NOTIC. E YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A YUDGMENT MAY BE ENTERED AGAINST YOU 'WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 kvine Row Car[isle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Libeay Avenue Carlisle, PA 17013 GOLDBECK MeCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-1238 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From KATHRYN Z. RHOADES AND MICHAEL D. WHITTEN (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 $104,912.10 L.L. $.50 Interest FROM 11/1/03 TO 5/10/04 AT 6.6250% Atty's Comm % Due Prothy $1.00 Arty Paid $130.83 Other Costs Plaintiff Paid Date: MAY 11, 2004 (Seal) REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 CURTIS R. LONG Prothuno~ Deputy PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. GoIdbeck, Jr. Attorney I.D.#16132 Suite 560 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff SOVEREIGN BANK 601 Penn Street Mail Code: 10-6438-MD4 Reading, PA 19601 VS. KATHRYN Z. RHOADES MICHAEL D. WHITTEN Mortgagor(s) and Record Owner(s) 735 Pine Road Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland Connty CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 04-1238 CIVILTERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 11/01/2003 to 05/10/2004 at 6.6250% (Costs to be added) $104,912.10 itYtOt ~.LJmDo!~! McKEEVER BEGINNtN~ at a point on edge of Pine Road at corner of lands' of Ear] D. Caufman, et ux, and Sara E. Csufman; thence along lands o~ Sara, E. Caufman, North' 30 de~rees 08 minutes West 186.67 feet to a point at Reading Railroad Company; thence along rat~oad';'North'62'degrees '30'm~nutes'East to a~' iron pin; thence along lands of Earl D. Caufman, et ux, South 22 degrees 49 m~ut~s '5~'~econds EaSt ~87.0~feet to a po~t'~ the P~ace of~ BEGINNING. CONT~NTNG~ 2~219 square~feetl and being'des~tgnated- as Parcel TRACT II: BEGINNING at a spike in the center of Pine Road "'~'~R~"~I~'~'~;~"thenc'e~ ~onq"th-e lands' now'oF ~ormerly of"' Earl Caufman, North 13 degrees 23 minutes 20 seconds East 246.60 feet t~'~a*ra'ilro~ iron; thence- along lands now~or ~ormer~'o~ the Reading Co. Railroad, North 58 degrees 31 minutes 05 seconds East ~.'~2~'~to'a"r~road~fro~7"thence~ al'ong~the~Ian~s now or formerly of George Widders, South 14 degrees 08 minutes 46 cel~ter l~ne of Pine Road (L.R. 21008); thence along the center l~ne of said P~ne a spike, The Place of BEGINNING. BEINC a'lI of~Lo't #2 on'the~Final Subdivision'Plan for Terry O'Donnell da%ed August 2, 1982 and revised September 13, 1982 by Thomas A. Neff'~ R~ S~;, and' recorded~tn~.~the ~fice of~ the Recorder of Deeds in and for Cumberland County, Pennsylvania, Plan Book 42~, Fage 66; ~ONT~TNTN~9,~'lg'squar~i~e~t and~being design&tedas~Tract 2. BEING THE SAME PREMISES which J. Duane Kelly and Janet M. ~}~r;~husbar~d~-az~d~'w-lTe', b~ Dee~ dated September 2, 1999~and recorded September 9, 1999 in the Off~ce of the Recorder of Deeds ~'~'a~d'Ecr C~mberland' County, Pennsylvania, ~n Deed Boo~ 207, Page 423, granted and conveyed unto Joseph R. Beaty and Kathleen ~ B~aty~ husband and wT~e% ALL TNA~CERTAIN tract of land with improvements thereon' erected situate in the Township of Dickinson, County of Cumb~rT'ar~'an~C~mm~nwe~t~'c~'Penns¥Ivania, more' particularly bounded and described as follows: TRACT'r:' ~EGTNNTNG""a% an"lron pin, a corner of lan~now~or formerly of Ronald Brehm and the Reading Railroad Company, South X~~ ~eqr~'~ 23~mi~nu~e~ 3~ seconds, West ~46.60 feet to a point in the centerline of Pine Road (L.R. 21008); thence along the center~in~ of Pl~' Road'~'(L:R': 2t008~, South 62 degrees 25 minutes 20 seconds West, 45 feet to a point in the center of the Pine ~ad"'(~Lt ~V~I00TF; thence'~aIon'g~lands~now~or~formerl~'of' SaraE. Caufman, North 30 degrees 08 minutes 00 seconds West 186.67 feet t~ a~pc~nT, thence along lands now~or f~rmer~y o~'th~'Readfmg Railroad Company, North 62 degrees 30 minutes 00 seconds East, HAVING THEREON ERECTED a dwelling known and numbered as %35 ~R~a~ Ca~l~l~eT,Pen~sy~van~a~, BEING all of Lot 1 and Parcel 2 on subdi, w~sicn plan o~ Wilbur ~'~ Cl~'~-on, ~ S~, dated January 6, 1986, for: Earl D. Caufman and Nancy Jane Caufman and recorded in the Office of %he Recorder of Dee~Ps*"~l~n~aud~f~r Cumberland County, Pennsylvania7 Plan Book 49, Page 109. EXCEPTTNG~an~RESERVIN~'~therecutand therefrom Tract I the following tract of ground conveyed %o Sara E. Caufman in Deed Book"U=JT; Psge~532~, and noted~as Parcel ~on the subdivis~on plan of Wilbur H. Clifton, R.S., dated January 6, 1986, for Earl ~ C&~Tman~a~d~'Nan'c~Jane~Caufma~rand recoTd~d~the~ Of~ce o~ the Recorder of Deeds in and for Cumberland County, Pennsylvania ALL THAT CERTAIN tract of la~d~With ~mprovements'thereon ~el~ected'~TJa~t~'in' ~=~P~son~Tow~s-h~p'TCumber~and' County, Pennsylvania, bounded and described in accordance with a plan ~prepaX~ed'~b%~'W~'bur-H:~Ct~ftonT~R~S., date~-Janu~ry 6, I986, an~ recorded tn the Office of %he Recorder of Deeds tn and for 1~9.'~ Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Ln~ependence Mall East Pt3~qadelphia, PA 19106 215-627-1322 Attorney for Plaintiff SOVEREIGN BANK 601 Perm Street Mail Code: 10-6438-MD4 Reading, PA 19601 VS. KATHRYN Z. RI-IOADES MICHAEL D. WHITTEN (Mortgagor(s) and Record Owner(s)) 735 Pine Road Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 04-1238 CWIL TERM AFFIDAVIT PURSUANT TO RULE 3129 SOVEREIGN BANK, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real properly located at: 735 Pine Road Carlisle, PA 17013 1 .Name and address of Owner(s) or Reputed Owner(s): KATHRYN Z. RHOADES 735 Pine Road Carlisle, PA 17013 MICHAEL D. WHITTEN 735 Pine Road Carlisle, PA 17013 2. Name and address of Defendam(s) in the judgment: KATHRYN Z. RHOADES 735 Pine Road Carlisle, PA 17013 MICHAEL D. WHITTEN 735 Pine Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: RURAL OPPURTUNITIES INC 1500 SECOND STREET HARRISBURG, PA 17102 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bm'eau of Child Support Enfomement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 735 Pine Road Carlisle, PA 17013 (attach separate sheet if more space is needed) 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. Section 4904 relating to unsworn falsification to authorities. DATED: May 10, 2004 CK~ P~ER GOLDBE TY & McKEEVER BY: Joseph A. 1 ~ ,~k, Jr., Esq. Attorney for Ph ~fl~\ 04-1238 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Ir. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff SOVEREIGN BANK 601 Penn Street Mail Code: 10-6438-MD4 Reading, PA 19601 Plaintiff vs. KATHRYN Z. RHOADES MICHAEL D. WHITTEN Mortgagor(s) and Record Owner(s) 735 Pine Road Carlisle, PA 17013 1N THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 04-1238 CIVIL TERM Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: WHITTEN, MICHAEL D. MICHAEL D. WHITTEN 735 Pine Road Carlisle, PA 17013 Your house at 735 Pine Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 08, 2004, at 10:00 AM, in Commissioners Heating Rm 2nd FL Courthouse to enforce the court judgment of $104,912.10 obtained by SOVEREIGN BANK against you. 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 SOVEREIGN BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 04-1238 CIVIL TERM 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGItTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If thc Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 717-240-6390. 4. If thc amount due from thc Buyer is not paid to the Sheriff, you will remain the owner of the property as if thc sale never happened. 5. You have a 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 thirty (30) days from thc date of thc Sheriffs 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 al~er the schedule of distribufion is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES 1NC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 04-1238 CIVIL TERM GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff' SOVEREIGN BANK 601 Penn Street Mail Code: 10-6438-MD4 Reading, PA 19601 Plaintiff vs. KATHRYN Z. RHOADES MICHAEL D. WH1TTEN Mortgagor(s) and Record Owner(s) 735 Pine Road Carlisle, PA 17013 1N THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 04-1238 CIVIL TERM Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: P~OADES, KATHRYN Z. KATHRYN Z. RHOADES 735 Pine Road Carlisle, PA 17013 Your house at 735 Pine Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 08, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $104,912.10 obtained by SOVEREIGN BANK against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to SOVEREIGN BANK, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 04-1238 CIVIL TERM 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below 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 NOT TAKE PLACE. 1. If the Sherift's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Sovereign Bank VS Kathryn Z. Rhoades and Michael D. Whitten In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-1238 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Joseph Goldbeck. Sheriff's Costs: Docketing 30.00 Poundage 2.95 Law Library .50 Prothonotary 1.00 Levy 30.00 Mileage 7.59 Certified Mail 7.92 Surcharge 40.00 Share of Bills 30.49 $150.45 paid by attomey 07/14/04 Sworn and subscribed to before me So Answers: This /~'Jday of R. Thomas Kline; Sheriff 2004, A.D. Q~,~ Prothonotary Real E/l/rte Deputy C/e. (lC GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goidbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 /A, ttomey for Plaintiff SOVEREIGN BANK 601 Penn Street Mail Code: 10-6438-NID4 Reading, PA 19601 VS. KATHRYN Z. RHOADES MICHAEL D. WHITTEN (Mortgagor(s) and Reoord owner(s)) 735 Pine Road Carlisle, PA 17013 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County No. 04-1238 CIVIL TERM _PI~A~CIPE TO VACATE JUDG~--NT TO THE PROTHONOTARY: Kindly vacate the judgment upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE GOLDBECK McCAFFER'FY & McKEEVER BY: Joseph A. Goldbeck, Jr. Atlomey I.D. #16132 Suite 5000 - Mellon Independence Center 701 Manet Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff SOVEREIGN BANK 601 Penn Street Mail Code: 10-6438-MD4 Reading, PA 19601 VS. KATHRYN Z. RHOADES MICHAEL D. WHITrEN (l~tgagor{s) and Reeom owner, s)) 735 Pine Road Carlisle, PA 17013 Plaintiff IN THE COURT OF COMMON PLEAs of Cumberland County No. 04-1238 CIVIL TERM t~CIt~ TO DIS~ltiO~ ak, n_~lD TO THE PROTHONOTARy: Kindly mark the above case Discontinued and Ended upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE