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HomeMy WebLinkAbout09-7363IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW ONEWEST BANK FSB PLAINTIFF CIVIL Division Case Number: 0q--73(P3 3VS BROOKE R. RHODES AND THE UNITED STATES INTERNAL REVENUE SERVICE DEFENDANTS CERTIFICATE OF LOCATION 323 EUTAW AVENUE NEW CUMBERLAND, PA 17070 BOROUGH OF NEW CUMBERLAND PARCEL No: 25-25-006-082 Type of Pleading Complaint in Mortgage Foreclosure 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 10 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 mancinilawfirrn@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA ONEWEST BANK FSB CIVIL Division PLAINTIFF Case Number: VS MORTGAGE FORECLOSURE BROOKE R. RHODES AND THE UNITED STATES INTERNAL REVENUE SERVICE 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) 728-4233 mancini lawfirm@attorneydanielmancini. com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA ONEWEST BANK FSB CIVIL Division PLAINTIFF Case Number: VS MORTGAGE FORECLOSURE BROOKE R. RHODES AND THE UNITED STATES INTERNAL REVENUE SERVICE DEFENDANTS AVISO LE HAN DEMANDADO A LISTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS 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 mancini lawfirm@attorneydanielmancini. com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA ONEWEST BANK FSB PLAINTIFF CIVIL Division Case Number: VS BROOKE R. RHODES AND THE UNITED STATES INTERNAL REVENUE SERVICE DEFENDANTS MORTGAGE FORECLOSURE 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 INf°kIS SUIT. Daniel J. MWini, Esq Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfinn@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA ONEWEST BANK FSB CIVIL Division PLAINTIFF Case Number: d q- 73 4 3 6c??d VS MORTGAGE FORECLOSURE BROOKE R. RHODES AND THE UNITED STATES INTERNAL REVENUE SERVICE DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is: ONEWEST BANK FSB, whose address is c/o Mancini & Associates, 201 A Fairview Drive, Monaca, PA 15061. 2. Defendant is BROOKE R. RHODES, whose last known address is P.O. BOX 615, NEW CUMBERLAND, PA 17070. BROOKE R. RHODES is the mortgagor and the recorded owner of the mortgaged property hereinafter described. 3. On or about, APRIL 12, 2007, BROOKE R. RHODES borrowed $104,000.00 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 AMERICAN BROKERS CONDUIT, this mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County in Mortgage Record Book 1989, Page 3454. This mortgage is incorporated herein by reference in accordance with Pa. R.C.P. 1019 (g). Your Plaintiff, ONEWEST BANK FSB is now the current owner of said mortgage, and the assignment evidencing this ownership will be sent for recording at a later date. 4. On FEBRUARY 17, 2009 the Defendant THE UNITED STATES INTERNAL REVENUE SERVICE filed a lien, on record at Docket # C9-970 FTL, against the premises hereinafter described in the sum of $6,353.65. This lien is subordinate to the Mortgagee/Plaintiff by virtue of it being filed after your Plaintiff's Mortgage was properly filed. 5. On AUGUST 14, 2009 the Defendant THE UNITED STATES INTERNAL REVENUE SERVICE filed an additional lien, on record at Docket # 09-5650, against the premises hereinafter described in the sum of $6,381.50. This lien is subordinate to the Mortgagee/Plaintiff by virtue of it being filed after your Plaintiff's Mortgage was properly filed. 6. The land subject to the Mortgage is 323 EUTAW AVENUE, NEW CUMBERLAND, PA 17070 and is more particularly described in Exhibit "A", which is attached hereof and part of this Complaint. 7. 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 $ 102,256.32 Interest at $20.31 per diem $ 6,624.84 From 12/01/08 to 10/23/09 (based on contract rate of 7.25%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 1,588.00 Accrued Late Charges $ 319.23 Bad Check Fees $ 00.00 Attorney's Fee $ 5,112.82 Total $ 115,901.21 ** Together with interest at the per diem rate noted above after JANUARY 1, 2009 and other charges and costs to date of Sheriff's 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 Sheriff's 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. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. 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 SEPTEMBER 16, 2009, via certified and regular mail, in accordance with the requirements of those acts. 10. Defendant is not a member 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. 11. The Defendant has 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 7.25% ($20.31 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. 4Daniel J. "Mancini, Esq. Attorney Bar: PA 39353 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southeastern corner of Eutaw Avenue and Ruby Avenue, 140 feet to a point; thence in a southerly direction along the western line of Apple Alley 24 feet to a point; thence in a westerly direction 140 feet to Eutaw Avenue; and thence in a northerly direction along the eastern line of Eutaw Avenue 24 feet to the place of BEGINNING. BEING part of Lot No. 18, Block I, of Buttorfrs Addition to the Borough of New Cumberland Plan of which is recorded in the Cumberland County Recorder's Office in Deed Book 5-N, Page 498. HAVING THEREON ERECTED the northern one-half of a two story frame dwelling house known as No. 323 Eutaw Avenue. BEING the same premises which ROSE MARIE SALTER, A SINGLE WOMAN, by Deed dated May 1, 2003, and recorded May 14, 2003, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 257, Page 153, granted and conveyed unto BROOKE R. RHODES, A MARRIED MAN, Mortgagor herein. Schedule A - Page 2 Commitment No. RHOOESBROOK-A-3 This commitment is invalid unless the Information Sheet and Schedules A and B are attached I Certify this to be recorded to Cumberland County PA • o`=Y ?1- A BKf989PG3476 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 ONEWEST BANK FSB CIVIL Division PLAINTIFF Case Number: VS MORTGAGE FORECLOSURE BROOKE R. RHODES AND THE UNITED STATES INTERNAL REVENUE SERVICE 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 23`d Day of October, 2009 ?0- Daniel J. Mancini, Esq. Attorney Bar: Pa 39353 LEDO-Fa MOTHONOTA9Y CF THE 2099 OCT 26 PM 2: 26 ClJ v??`s ' r? C,0 PE NINSYLVANA 478. so Po Awl ce 12 to 0 aus97 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?4???Sr p i ?u n+brr,??ryb 4Ff- E OF 1-1, S"ERtFF F1Lf ?,y_?,;f°rUE r TS 1133 f?O" -5 I M 2: 12 Onewest Bank FSB vs. Brooke R. Rhodes Case Number 2009-7363 SHERIFF'S RETURN OF SERVICE 11/03/2009 08:11 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 3, 2009 at 2011 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Brooke R. Rhodes, by making known unto herself personally, at 623 Hilltop Drive New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $58.60 November 04, 2009 SO ANSWERS, 4e?4&:? R THOMAS KLINE, SHERIFF B4y- SgSh?eril?f ci CouniySuite Shenff. Teleoso?t. Irn;. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson - Sheriff ~g~~ta 4t ~tr,rtbrr~~~~ °_ Jody S Smith Chief Deputy ~,~ .' ,~:; ~~,~ ~Q~~I~uG ~ $ ~~ ~= ~~ 4J?, `, Richard WStewart - ~ 4E'.r Solicitor ~,r:Ftc~ ~.~~ -~E`r~~RiFF ~ . Onewest Bank FSB Case Number vs. Brooke R. Rhodes 2009-7363 SHERIFF'S RETURN OF SERVICE 04/06/2010 06:00 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1755 hours, he/she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Brooke R. Rhoads, by making known unto, Brooke R. Rhoads, personally, at, 623 Hilltop Road, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 04/09/2010 Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1740 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Brooke R. Rhodes, located at, 323 Eutaw Avenue, New Cumberland, Cumberland County, Pennsylvania according to law 05/06/2010 Property sale postponed to 7/7/2010. 07/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on July 7, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Mancini, on behalf of Federal National Mortgage Association, 13150 Worldgate Drive, Herndon, VA 20170, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of 841.97 SHERIFF COST: $841.97 SO ANSWERS, ~ ~~^.~ August 17, 2010 RON R ANDERSON, SHERIFF ~. oc~ ~d ` ~- . a •oo ~t~ Co. . sv u-,~~ ~~ >>~~s' ~ ~y~ 97/ (c) CountySuite Sheriff. Teleosoft, Inc. r _, 1a. ~ a ~_aa s- Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attorneydanielmancini.com )N THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA ONEWEST BANK FSB CIVIL Division PLAINTIFF VS BROOKE R. RHODES AND THE UNITED STATES INTERNAL REVENUE SERVICE DEFENDANTS Case Number: 09-7363 CIVIL TERM MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) ONEWEST BANK FSB Plaintiff in the above action, by its attorney, Daniel J. Mancini, 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 323 EUTAW AVENUE, NEW CUMBERLAND, PA 17070. Name and address of Owner(s) or reputed Owner(s): BROOKE R. RHODES AND THE UNITED STATES INTERNAL REVENUE SERVICE 323 Eutaw Avenue New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: BROOKE R. RHODES AND THE UNITED STATES INTERNAL REVENUE SERVICE PO Box 615 New Cumberland, PA 17070 BROOKE R. RHODES AND THE UNITED STATES INTERNAL REVENUE SERVICE 623 Hilltop Drive New Cumberland, PA 17070 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: (PLAINTIFF IN THIS CASE) ONEWEST BANK FSB 7770 West Parmer Lane, Building D, First Floor, Austin, TX 78729 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, Pa 15061 09-7363 CIVIL TERM RECORDED 12/10/2009 AMOUNT $116,903.09 06-02 MID PENN BANK C/O ELIZABETH D. SNOVER, ESQUIRE ID #200997 301 Mazket Street PO Box 109 Lemoyne, PA 17043 #09-3601 AND 2009-CV-0517 RECORDED 4/21/2009 AMOUNT $256,900.00 NEW CUMBERLAND BORO 1120 Mazket Street PO Box 220 New Cumberland, PA 17070 #CV-0000212-09 RECORDED 6/2/2009 AMOUNT $622.14 4. Name and address of the last recorded holder of every mortgage of record: NONE OTHER THAN PLAINTIFF IN THIS CASE Name and address of every other person who has any record lien on the property: U. S. Attorney's Office, Federal Building 235 N. Washington Avenue Scranton, PA 18501 #C9-970 FTL RECORDED 2/17/2009 AMOUNT $6,353.65 #09-5650 RECORDED 8/14/2009 AMOUNT $6,381.50 Name and address of every other person who has any record interest in the property and whose interest maybe affected by the Sale: Department of Revenue Inheritance Tax Division Strawberry Squaze Harrisburg, PA 17105 Department of Public Welfare TPL Casualty Unit, Estate Recovery Program PO Box 8486, Willow Oak Building Harrisburg, PA 17105-8486 Department of Revenue Bureau of Compliance, Sheriff Sale Section PO Box 281230, Harrisburg, PA 17128-1230 Cumberland County Domestic Relations P.O. Box 320, Carlisle, PA 17013 Robin Gasperetti 1113 Bridge Street, New Cumberland, PA 17070 7. Name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which maybe affected by the Sale: UNKNOWN I verify that the statements made in this Affidavit aze a and c rrect to the best of my knowledge, information or belief. I understand that false statements here' aze made ubject to the penalties of 18 Pa. C.S. `4904 relating to unsworn falsification to authorities. ~ Dated this 5TH Day of January 2009 ~'~ IGtancini, Esq. Bar No.: 39353 06-02 05/04/2010 TUE 10:11 FAX 7247284239 Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfvmQa attorneydanielmancini.com [N THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA ONEWEST BANK FSB CIVIL Division PLAINTIFF VS Case Number: 09-7363 CIVIL TERM MORTGAGE FORECLOSURE BROOKE R. RHODES AND THE UNITED STATES INTERNAL REVENUE SERVICE DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: June 2, 2010 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 X002/003 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the sand. DWELLING KNOWN AS 323 EUTAW AVENUE, NEW CUMBERLAND, PA 17070. ALL THAT CERTAIN lot or tract of land situate in the Borough of New Cumberland; County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southeastern corner of Eutaw Avenue and Ruby Avenue, 140 feet to a point. THE LOCATION of your property to be sold is: 323 EUTAW AVENUE NEW CUMBERLAND, PA 17070 THE JUDGMENT under or pursuant to which your property is being sold' is docketed in the within Commonwealth and County to: NO. 09-7363 CIVII, TERM THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property BROOKE R RHODES AND THE UNITED STATES IriTERNAL REVENUE SERVICE 05/04/2010 TUE 10:12 FAX 7247284239 0003/003 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to 6anlcs that hold mortgages and municipalities that are owed taws) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvatria, Cumberland County Courthouse: THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Lawyer Referral Services, 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific retunn date is desired, such date must be obta' from the with County Court House before presentation to the Court. . Esq. . 1, ', .+ 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 ONEWEST BANK FSB PLAINTIFF VS CIVIL Division Case Number: 09-7363 CIVIL TERM MORTGAGE FORECLOSURE BROOKE R. RHODES AND THE UNITED STATES INTERNAL REVENUE SERVICE DEFENDANTS LONG PROPERTY DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southeastern corner of Eutaw Avenue and Ruby Avenue, 140 feet to a point; thence in a southerly direction along the western line of Apple Alley 24 feet to a point; thence in a westerly direction 140 feet to Eutaw Avenue; and thence in a northerly direction along the eastern line of Eutaw Avenue 24 feet to the place of BEGINNING. BEING part of Lot No. 18, Block I, of Buttorff's Addition to the Borough of New Cumberland Plan which is recorded in the Cumberland County Recorder's Office in Deed Book 5-N, Page 498. DWELLING KNOWN AS 323 EUTAW AVENUE, NEW CUMBERLAND, PA 17070. IDENTIFIED as TAX/PARCEL ID#: 25-25-0006-082 in the Deed Registry Office of Cumberland County, Pennsylvania. Being the same premises conveyed to Brooke R. Rhoeds, a mam , by Deed of Rose Marie Salter, a single woman, dated 5/1/2003 and recorded 5/14/2003 in Cu erland C unty Deed Book 257, page 153. I~' Mancini, Esquire Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-7363 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ONEWEST BANK FSB, Plaintiff (s) From BROOKE R. RHODES, 323 Eutaw Avenue, New Cumberland, PA 17070 & THE UNITED STATES INTERNAL REVENUE SERVICE (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 duected to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $116,903.09 L.L. $.50 Interest from 12/1/08 to Date of Sale (based on contract rate of $7.25%) - To be Determined Atty's Comm Atty Paid $191.60 Plaintiff Paid Date: 1/07/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs David D. Buell, Prothono By: Deputy Name: DANIEL J. MANCINI, ESQUIRE Address: MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 Attorney for: PLAINTIFF Telephone: 724-728-4233 Supreme Court ID No. 39353 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered as, 323 Eutaw Avenue, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 BY~~A~1 Real Estate Coordinator i z ~z d i g c~~r a~oZ ~ '_ ~~1~3NS .~E,1 ~~, .~~~ ~ ,,~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Cazlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regulazly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regulaz editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, Apri123, and Apri130, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and chazacter of publication aze true. isa Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 30 da of Aril 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE 80ROUGH. CUMBERLAND COUNTY My Commi:aion Expires Apr 28, 2014 writ 11~. ~N-7sss c~rY Onewest Bank FSB vs. Brooke R. Rhodes Atty: Daniel J. Mancini ALL THAT CERTAIN lot or tract of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point on the southeastern comer of Eutaw Avenue and Ruby Avenue, 140 feet to a point; thence in a southerly direction along the western line of Apple Alley 24 feet to a point; thence in a westerly direc- tion 140 feet to Eutaw Avenue; and thence in a northerly direction along the eastern line of Eutaw Avenue 24 feet to the place of BEGINNING. BEING part of Lot No. 18, Block I, of Buttorffs Addition to the Borough of New Cumberland Plan which is recorded in the Cumberland County Recorder's Office in Deed Book 5-N, Page 498. DWELLING KNOWN AS 323 EU- TAW AVENUE, NEW CUMBERLAND, PA 17070. IDENTIFIED as TAX/PARCEL ID#: 25-25-0006-082 in the Deed Registry Office of Cumberland County, Penn- sylvania. Being the same premises con- veyed to Brooke R. Rhodes, a married man, by Deed of Rose Marie Salter, a single woman, dated 5/1/2003 and recorded 5/ 14/2003 in Cumberland County Deed Book 257, page 153. 4 ~ ~„ r ----~--1'he Patriot-News Co. 2020 Technology.Plcwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~he~latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 ~.._ 04/23/10 - 04/30/10 -~ v ~~ Sworn to a subscribed before a is 18 day of May, 2010 A.D. j Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Sesl Sherrie L Klsner, Notary Publk Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania ASSOCIatlon of Notaries Wilt hto. 2009-T983 Chill Term Onettrsst Bank F'SB Vs: Brooke R. Rhodes Atty: Daniel J. Mancini ALL THAT CERTAU4 lot or tract of land situate in the Borough of New Cumberland, Coumy of Cumberland aad Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southeastern comer of.Eutaw Avenue and Ruby Avenue,.140 feet to a poim; thence in a soatherly direction along the western lice of Apple Alley 24 feet to a point; thence in a westerly direction 140 feet to EutawAvence; andthencein a northerly direction along the eastern line of Eniaw Avenue 24 feet to the place of BEGII413AIG. .BEING part of LotNo:18, Block I, of Buttorff's Addition to the Borough of New Cumberland Plan which is recorded io the Cumberland County Recorder's Office in Deed Book 5-N, Page 49& DWELLING KNOWN AS 3'23 EUTAW AVENUE, NEW CUMBERI:AND, PA 17070. II)ENTIPtED as TAX/PARCEL IIT#: 25-25-0006- 082 in the Deed Registry Office of Cumberland Canty, Pennsylvania BEING the same premises conveyed to Brooke R. Rhodes, a married man, by Deed of Rose Marie Salter, asingle wanan, dated5ll/2003 and retarded 5/142003 in C'umbaland Couory+ Decd Book 257, page 153. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FEDERAL NATIONAL MTG ASSOC is the grantee the same having been sold to said grantee on the 7TH day of JULY A.D., 2010, under and by virtue of a writ Execution issued on the 7TH day of JAN, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 7363, at the suit of ONEWEST BANK FSB against BROOKE R RHODES & UNITED STATES INTERNAL REVENUE SERVICE is duly recorded as Instrument Number 201022710. IN TESTIMONY WHEREOF, I haCve her,~unto set my hand and seal of said office this ~o -~- day of A.D. c__ ~~1~ Recorder of Deeds b~ t~n~beiMed Cann t~Y~, !K E~int OM flAt NaKMy dJn ~DN g~~: '~ ,~„ .«C wr. 4..... :,r'l°b wrw..:..iv`g,.:+:>"xw,..v..'?