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HomeMy WebLinkAbout09-7117IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS Case Number: pq _ J7111 OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR3 PLAINTIFF Type of Pleading VS Complaint in Mortgage Foreclosure WILLIAM J. RHOADES AND DONNA J. RHOADES DEFENDANTS Code and Classification: Filed on Behalf Of: CERTIFICATE OF LOCATION Plaintiff 4840 CHARLES ROAD Counsel of Record: MECHANICSBURG, PA 17050 Daniel J. Mancini, Esquire HAMPDEN TOWNSHIP Attorney at Law 201 A Fairview Drive PARCEL No: Monaca, PA 15061 10-2-6527-096 (724) 728-4233 e161< T-µ By: DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS Case Number: OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR3 PLAINTIFF VS MORTGAGE FORECLOSURE WILLIAM J. RHOADES AND DONNA J. RHOADES DEFENDANTS CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 7284233 mancinilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR3 PLAINTIFF VS CIVIL Division Case Number: MORTGAGE FORECLOSURE WILLIAM J. RHOADES AND DONNA J. RHOADES DEFENDANTS AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEIAS PERESENTADAS, ES ABSOLUTAMENTE NECESSAPJO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSAPJO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION ONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU ARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y EQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA JECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS Case Number: OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-13R3 PLAINTIFF VS MORTGAGE FORECLOSURE WILLIAM J. RHOADES AND DONNA J. RHOADES DEFENDANTS 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 UNTI THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SIAT- Daniel J. Mancini, Esq. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE UNDER POOLING.., AND SERVICING AGREEMENT DATED AS Case Number: 0 9- OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR3 PLAIN'T'IFF VS MORTGAGE FORECLOSURE WILLIAM J. RHOADES AND DONNA J. RHOADES DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR3, whose address is c/o Mancini & Associates, 201 A Fairview Drive, Monaca, PA 15061. 2. Defendants are WILLIAM J. RHOADES AND DONNA J. RHOADES, whose last known address is 4840 CHARLES ROAD, MECHANICSBURG, PA 17050. WILLIAM J. RHOADES AND DONNA J. RHOADES are the mortgagors and the recorded owners of the mortgaged property hereinafter described. 3. On or about, December 8, 2006, WILLIAM J. RHOADES borrowed $153,750.00 and in the enforcement of said debt executed and delivered a mortgage upon the premises hereinafter described to the lender MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR NEW CENTURY MORTGAGE CORPORATION, this mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County in Mortgage Record Book 1976, Page 4608. This mortgage is incorporated herein by reference in accordance with Pa. R.C.P. 1019 (g). Your Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR3 is now the current owner of said mortgage, and the assignment evidencing this ownership will be sent for recording at a later date. 4. The land subject to the Mortgage is 4840 CHARLES ROAD, MECHANICSBURG, PA 17050 and is more particularly described in Exhibit "A", which is attached hereof and part of this Complaint. 5. The Mortgage is in default because monthly payments of principal and interest upon said mortgage due January 1, 2009, 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. Unpaid Principal Balance $ 151,233.05 Interest at $36.67 per diem $ 11,651.52 From 12/01/08 to 10/14/09 (based on contract rate of 8.85%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 974.55 Accrued Late Charges $ 1,316.94 Bad Check Fees $ 00.00 Attorney's Fee $ 7,561.65 Total $ 172,737.71 * * Together with interest at the per diem rate noted above after January 1, 2009 and other charges and costs to date of Sheriffs Sale. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable, or that are actually incurred by Plaintiff. 6. No judgment has been entered upon said Mortgage in any jurisdiction. 7. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant on March 6, 2009 via certified and regular mail, in accordance with the requirements of those acts. 8. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 9. The Defendants have either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure `IN REM' for the aforementioned total amount due together with interest at the rate of 8.85% ($36.67 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. Daniel J. Manc ni, Esq. Attorney Bar: PA 39353 XXJOWf" NA" hi6.16 tip i i I * tzw & pWW of MW ditft In do '['erarYAki of if m I d 6 COMY of t A End CmwmxmuM ofF Mia, Haarp * d ''All ag fg bm'. 1?'N?i ?$ pan ?ttba ?a?a?har?r Iiae at't ?? !MR +? oq?tr rpf ?t rta ? on d?a trn pYe aflat? tbmae soar s3a d ?rbatw? 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ALSO 1 AND SURMM to nrottg- le pa d to 1+ MwWr Capaaa m by ?Pe?i8iotr? ?. fllrorder order ? dch+???, t9i16 nu eba p<iocip?d amauert afS20?t5a.00. 7MS CdMIMANCE v aoaaopt Bin le"Eft 4x aQ I is a GOACYGON fiam ht id 1o busbmd Md vA k -44's .. 1011 ice, J3 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR3 PLAINTIFF VS CIVIL Division Case Number: MORTGAGE FORECLOSURE WILLIAM J. RHOADES AND DONNA J. RHOADES DEFENDANTS VERIFICATION Daniel J. Mancini, Esq., hereby states that he is the attorney for Plaintiff in this matter, that He is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Further, counsel submits that Plaintiff is outside the court's jurisdiction and verification cannot be obtained with the time allowed for filing the pleading. It is counsel's intention to substitute verification from Plaintiff. Dated this 14TH Day of October, 2009 Daniel J. Mancini, Esq. Attorney Bar: Pa 39353 0 FILE, V i. )TAR OF THE Y 2004 OC t 16 PH 2: 22 C v v i4 ;? * 78. So Po AT" ft* 73(oS e a3al(ce F~~EG-a;;rr=1C;~ Zoco ~~~~ ~ 3 ~~ ~ ~ 23 c;;~~~ - ~ ,, , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION -LAW DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR3 PLAINTIFF CIVIL Division Case Number: 09-7117 CIVIL TERM Type of Pleading: VS WILLIAM J. RHOADES AND DONNA J. RHOADES DEFENDANTS CERTIFICATE OF LOCATION 4840 CHARLES ROAD MECHANICSBURG, PA 17050 HAMPDEN TOWNSHIP PARCEL No: 10-2-6527-096 Mortgage Foreclosure Praecipe for Default Judgment Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 ~1V v By: DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 ~ t~. oo P~ A'rY'Y e~9~5 ~I~as(~a~la Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSET BACKED RECENABLES LLC TRUST 2007-BR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR3 PLAINTIFF VS CIVIL Division Case Number: 09-7117 CIVIL TERM MORTGAGE FORECLOSURE WILLIAM J. RHOADES AND DONNA J. RHOADES DEFENDANTS PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR3, c/o Daniel J. Mancini, Esquire, 201A Fairview Drive, Monaca, PA 15061, and against Defendants WILLIAM J. RHOADES AND DONNA J. RHOADES, whose last known address is 4840 CHARLES ROAD, MECHANICSBURG, PA 17050 for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: Unpaid Principal Balance $ 151,233.05 Interest at $36.67 per diem $ 14,902.78 From 12/01/08 to 1/11/10 (based on contract rate of 8.85%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 974.55 Accrued Late Charges $ 1,499.58 Bad Check Fees $ 00.00 Attorney's Fee $ 7.561.65 Total $ 176,171.61 I hereby certify the (1) the addresses of the Plaintiff and Defendants are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. -~ Daniel J. Mancini, Esq. Attorney Bar No.: 39353 DAMAGES ARE HEREBY ASSESSED AS INDICA DATE: / /3 /O **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancini lawfirm@attorneydanielmancini. com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR3 PLAINTIFF VS CIVIL Division Case Number: 09-7117 CIVIL TERM MORTGAGE FORECLOSURE WII.,LIAM J. RHOADES AND DONNA J. RHOADES DEFENDANTS AFFIDAVIT OF ACT 91 OF 1983 I, Daniel J. Mancini, Esquire, hereby affirm that I have complied with Act 6 and Act 91 of 1983, notice requirements in the above-captioned matter. ~~ Daniel J. Mancini, Esquire Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@attorneydanielmancini. com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR3 PLAINTIFF VS CIVIL Division Case Number: 09-7117 CIVIL TERM MORTGAGE FORECLOSURE WILLIAM J. RHOADES AND DONNA J. RHOADES DEFENDANTS AFFIDAVIT OF NAMES AND ADDRESSES OF OWNERS AND DEFENDANTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DANIEL J. MANCINI, Esq., being duly authorized to make this affidavit on behalf of the Plaintiff in the above action DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR3, being duly sworn according to law deposes and says that to the best of his knowledge, information and belief the owners of 4840 CHARLES ROAD, MECHANICSBURG, PA 17050, the real property to be sold in the within execution and the Defendants in the judgment are WILLIAM J. RHOADES AND DONNA J. RHOADES, whose last known address is 4840 CHARLES ROAD, MECHANICSBURG, PA 17050. DATE:_ JAN. 11, 2010 ^ ~ ~ ~~V`~ l DANIEL J. MANCINI, ESQUIltE Attorney for Plaintiff Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar [D: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@attorneydanielmancini. com IN TIIE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR3 PLAINTIFF VS WILLIAM J. RHOADES AND DONNA J. RHOADES DEFENDANTS CIVIL Division Case Number: 09-7117 CIVIL TERM MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: Daniel J. Mancini, being duly sworn according to law, deposes and says that he is the attorney of record, for the above-named Plaintiff, that he makes this Affidavit on Plaintiff's behalf, and that the statements in this Affidavit are true to the best of his knowledge, information and belief. age. Defendants WILLIAM J. RHOADES AND DONNA J. RHOADES are over 21 years of Defendants are not in the military service of the United States as contemplated by the Soldier's and Sailor's Civil Relief Act, as amended. This affidavit is made in connection with the judgment upon a note and mortgage secured upon the premises located at 4840 CHARLES ROAD, MECHANICSBURG, PA 17050. By: ~~' " v Daniel J. Mancini, Esq. SHERlFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sherrlf Ronny R Anderson ~s~,ru ut _ ry4~ Chief Deputy " Jody S Smith '~,; c„ Ciwl Process Sergeant o.-f,cE or rep sr:pcp Edward s Schorpp Solicitor Deutsche,Bank National Trust Company i vs ~ Case Number Donna J. Rhoades 2009-7117 SHERIFF'S RETURN OF SERVICE ::10/19/2009.03:06 FM -.Noah .Cline, Deputy Sheriff, who being duly swum according to law, states that on October 19, . 2009 at 1506 hours, he served a true copy of the within Complaint in Mortgage Foreclosure,- upon the wthin named defendant; to wit: William J. Rhoades,' by making known unto himself personally, at4840 Charles Road Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same - time handing to him personally the said true and correct copy of the. same. 10/20/2009 11:03 AM -Amanda Cobaugh, Deputy. Sheriff, who being duly. sworn according to law, states that on October 20, 2009 at.1103 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Donna J. Rhoades,. by making known unto herself personally, at 4&40 Charles Road Mechanicsburg; Cumberland County, Pennsylvania 17050 its contents and at the same time handing to herpersonally the said true and correct copy of the same. SHERIFF:COST: $53.00 SO ANSWERS„ December 21, 2009 R THOMAS KLINE, SHERIFF ~~~ ~Puty Shsiff t !V aY~h J' Sheriff i : ,cica,krsWe stern. re~eo.on,-ur. Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 20l A Fairview Drive Monaca, PA 15061 (724)728.4233 mancinilawfim~anomeydanielmancini.corn IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURTfIZED ASSET BACKED RECENABLES LLC TRUST _ 2007-BR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR3 PLAINTIFF VS WII.LIAM J. RHOADES AND DONNA I: RHOADES . -_ DEFENDANTS TO: WII.,LIAM J. RHOADES 4840 CHARLES ROAD MECHANICSBURG, PA 17050 DATE OF NOTICE: DECEMBER 28.2009 ~riFs .' 3 . ~ ' 02 00 FI wpy O GIF P S U9 2 ~~ r CNIL Division Case Number: 09-7117 CML TERM MORTGAGE FORECLOSURE ~+~.*.~ ,,rn~~ rc w ~rnT COLLECTOR ATTEMPTING TO COLLECT A DEBT_ THIS YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS ~ ~N, AND ANY INFORMATION OBTAINED FROM YOU WII,L ZPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE ,THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE iBE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS PIrp EY 90ype9. .1 ~ 0 )RCEMENT OF LIEN AGAWST PROPERTY. ~ 28 2009 ' ~ I pE t,0~ 1 IMPORTANT NOTICE fuse you have foiled to enter a written appearance personally or by attorney t your defenses or objections to the claims set forth against you. Unless you . e date of this notice, a Judgmatt tray be entered agairtst you without a property or other important rights. You should take this notice to a lawyer wyer or cannot afford one, go to or telephone the following office to find r. Lawyer Referral Services outh Bedford Street, Carlisle, PA 17013 (717)249-3166 , ~~ Daniel J. Mancini, Esquire Attorney for Plaintiff 0 a Daniel Mancini & Associares Daniel J. Mancini, Esq. PA Bar ID: 39353 20l A Fairview Drive Monaco, PA 15061 (724)728~t233 mancinilawfinnQattomeydanielmancini.corn IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS Case Nttmber: 09-7117 C[VII. TERM OF MAY 1, 2007 SECURIT]ZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR3 PLAINTIFF VS MORTGAGE FORECLOSURE WII.LIAM J. RHOADES AND DONNA J. RHOADES DEFENDANTS TO: DONNA J. RHOADES 4840 CHARLES ROAD MECHANICSBURG, PA 17050 DATE OF NOTICE: DECEMBER 28.2009 -~T COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS IIN, AND ANY INFORMATION OBTAINED FROM YOU WH,L Is.POSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE lose you have failed to enter a written appearance personally or by attorney t your defenses or objections to the claims set forth against you. Unless you p date of this notice, a Judgment may be entered against you without a property or other important rights. You should take this notice to a lawyer ,~ wyer or catmot afford one, go to or telephone the following office to find m 8 P~ g' o Lawyer Referral Services South Bedford Sheet, Carlisle, PA 17013 (717) 249-3166 ~ v Daniel J. Mancini, Esquire _ Attorney for Plaintiff Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancini lawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR3 PLAINTIFF VS CIVIL Division Case Number: 09-7117 CIVIL TERM MORTGAGE FORECLOSURE WILLIAM J. RHOADES AND DONNA J. RHOADES DEFENDANTS RULE 236 NOTICE OF DEFAULT To: WILLIAM J. RHOADES 4840 CHARLES ROAD MECHANICSBURG, PA 17050 You are hereby notified that the following Order, Decree or Judgment has been entered against you on / 13 !D A Judgment of Default in the amount of $ 176,171.61 plus costs. If you have any questions concerning the above, please contact: DANIEL J. MANCINI, ESQUIRE MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 724-728-4233 Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR3 PLAINTIFF VS CIVIL Division Case Number: 09-7117 CIVIL TERM MORTGAGE FORECLOSURE WILLIAM J. RHOADES AND DONNA J. RHOADES DEFENDANTS RULE 236 NOTICE OF DEFAULT To: DONNA J. RHOADES 4840 CHARLES ROAD MECHANICSBURG, PA 17050 You are hereby notified that the following Order, Decree or Judgment has been entered against you on / ~,3 ~p A Judgment of Default in the amount of If you have any questions concerning the above, please contact: DANIEL J. MANCINI, ESQUIRE MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 724-728-4233 1l .~ sEp o7zo~o IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE HANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR3 MORTGAGE PASS THROUGIt CERTIFICATES, SERIES 2007-BR3 PLAINTIFF VS WILLIAM J. RHOADES AND DONNA J. RHOADES DEFENDANTS ORDER CTVII. Division Case Number: 09-7117 CIVIL TERM MORTGAGE FORECLOSURE And now, this ~ ' day of Sr~,y~~ , 2010 after consideration of Plaintiff's Emergency Petition for Postponement of Sheriff s Sale of mortgaged property loca#ed at 4840 Charles Road, Mechanicsburg, PA 17050, it is hereby ordered that the sale, currently scheduled for September 8, 2010, is extended (1) one month to the regularly scheduled Cumberland County Sheriff's Sale of October 5, 2010. No further advertising or additional notice to lien holders or Defendants is required. T :Donna J. Rhoades and William J. Rhoades 4840 Charles Road Mechanicsburg, PA 17050 a' Mancini & Associates 201 A Fairview Drive Monaca, PA 15061 . _ than C. Wolf,.Esq.. _...._...__.. 10 West high Street Carlisle, PA 17013 ( ~ ~d c~ES m~.t l~L ~ ~~v l ~~ ~j .._...._.. 1 10 ~6 ~V g - a~35 ~ ~ .~~-