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HomeMy WebLinkAbout04-2861McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee 1761 East St. Andrew Place Santa Aha, CA 92705-6099 Attorney for Plaintiff Cumberland County Court of Common Pleas Lynette J. Rhoades 17 Sharon Road Enola, PA 17025 and Brian E. Rhoades, Jr. 17 Sharon Road Enola, PA 17025 Number CIVIL ACTION/MORTGAGE FORECLOSURE You have been sued in court. If you wish to defend against the claims set forth in the following ~ages, you mJst take acticm wltkin tw~lty (20) days after th/s cc~plaint and notice are served, by ~tering a writt~ appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth aga/nst you. You are warned that if you fail to do so the case nl~y proceed without you and a just may be e~tered against you by the court without further notice for ~ny raoney clailoed in the cc~plaint or for any other claim or relief req~lested by the plaintiff. You may lose raoney or property or other rights important to you. AVI$O Le hah demandado a usted e~ la corte. Si usted quiere defe~derse de estas demanda~ ex-p~estas ~] las patinas slgulentes, usted tiene veinte {20) dias de plazo al partir de la fecha de la dsrna~da y la notificacion. Hace falta as~ntar usa cc~parencia escrita o ~ persona o cc~ un abogado y ~tregar a la corte en forma escrita 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 AB OUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE~ SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABA JO. ESTA OFIC1NA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACIDN ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. CUmberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee 1761 East St. Andrew Place Santa Ana, CA 92705-6099 Lynette J. Rhoades 17 Sharon Road Enola, PA 17025 and Brian E. Rhoades, Jr. 17 Sharon Road Enola, PA 17025 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Deutsche Bank National Trust Company, as Trustee, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Lynette J. Rhoades, who is one of the mortgagors and mai owners of the mortgaged property hereinafter described, and her last-known address is 17 Sharon Road, Enola, PA 17025. 3. The Defendant is Brian E. Rhoades, Jr., who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 17 Sharon Road, Enola, PA 17025. 4. On 09/25/2003, mortgagor made, executed and delivered a mortgage upon the promises hereinafter described to New Century Mortgage Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1838, Page 1401. 5. The aforesaid mortgage was thereafter assigned by New Century Mortgage Corporation to Deutsche Bank National Trust Company, as Trustee, Plaintiff herein, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known 17 Sharon Road, Enola, PA 17025. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2003 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. 8. The following amounts are due on the mortgage: Principal Balance Interest 11/01/2003 through 06/09/2004 (Plus $18.49 per diem thereafter) Attorney's Fee Late Charges Escrow Advances Cost of Suit Appraisal Fee Title Search $ 71,962.67 $ 4,049.37 $ 3,598.13 $ 177.72 $ 1,224.26 $ 225.00 $ 125.00 $ 200.00 GRAND TOTAL $ 81,562.15 9. 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 pumhaser 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. 10. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $81,562.15, together with interest at the rate of $18.49 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. RENCE J. McI[~/BE, ESQLr/RE Attorney for Plaintiff VERIFICATION The undersigned, Naomi Lazeriby, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, that she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. ~4904 relating to unsworn falsification to authorities. NAOMI LAZENBY Ch~$e M~nh~t~n mtg LD: 113-059-002-~00F 4/22/04 2:16 PAGE 21/42 RightFax Illl ~NTUSY liOlTIAIE ~IP~ATIMi ]Warn TO: WEll F, ENTUlY IMTIbil r, OJlPMATJOff OII-I4-DIBS..a44 I~ Jill M ~ld I l]lll ~lI[ lllJl lJlli] MORTGAGE ~, 11, 1~, ]8, 20 l(J 2], Cendn rids repMh~ b,mL~ ~w(~rds used h'M, domna~m d,~ provided LYNITT1 J, l#OA~EI AI~ 1BIAJ 1. ~OAHI JI., Illl AN9 IU~OAJIO. lift ~,a'1'flY lllllill ~lTlll Exhibit A Chase Manhattan mtg 4/22/04 PAGE 22/42 RightFax PrBplyB. lt IIIder ArB IlJdmr Addmnd.. 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J, IIIIIAOII ~ O001O?lllt Chase Manhattan mtg 4/22/04 2:16 PAGE 38/42 RightFax Vel ~nl~lt, euzn 1eeo REGULAR SHERIFF'S RETURN CASE NO: 2004-02861 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUHBERL/LND DEUTSCHE BANK NATIONAL TRUST VS RHO~%IDES LYNETTE J ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RHOADES LYNETTE Jthe DEFENDANT at 1918:00 HOURS, at 17 SHARON ROAD ENOLA, PA 17025 BRIAN RHOADES, HUSBAND a true and attested copy of on the 24th day of June 2004 by handing to COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this ~ day of ~/:R .~2~ ~ A.D. ~ ~P-rothonotary ~ So Answers: R. Thomas Kline 06/28/2004 MCCABE WEISBERG CONWAY SHERIFF'S RETURN - REGULAR CASE NO: 2004-02861 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS RHOADES LYNETTE J ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RHOADES BRIAN E JRthe DEFENDANT , at 1918:00 HOURS, at 17 SHARON ROAD on the 24th day of June , 2004 ENOLA, PA 17025 BRIAN RHOADES JR by handing to 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 ? ~ day of ~ ~h~ A.D. 7 ~r0thon0tary So Answers: R. Thomas Kline 06/28/2004 ,/ Depq~y Sheriff Curt Long Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 To: Lynette J. Rhoades 17 Sharon Road Enola, PA 17025 Deutsche Bank National Trust Company, as Trustee Cumberland County Court of Common Pleas Lynette J. Rhoades and Brian E. Rhoades, Jr. Number 04-2861 CIVIL TERM NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curt Long Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esquire at (215) 790-1010. Curt Long Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 To: Brian E. Rhoades, Jr. 17 Sharon Road Enola, PA 17025 Deutsche Bank National Trust Company, as Trustee Lynette J. Rhoades and Brian E. Rhoades, Jr. Cumberland County Court of Common Pleas Number 04-2861 CIVIL TERM NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curt Long Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. Esquire at (215) 790-1010. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MeCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Deutsche Bank National Trust Company, as Trustee Cumberland County Court of Common Pleas Lynette J. Rhoades and Brian E. Rhoades, Jr. Number 04-2861 CIVIL TERM ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above- captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $ 81,562.15 Interest from 06/10/2004 - 07/31/2004 $ 942.99 TOTAL $ 82,505.14 TERRENCE J-:qMcCABE, ESQUIRE AND NOW, this ff~' day of ~ ,2004, Judgment is entered in favor of Plaintiff, Deutsche Bank National Trust Company, as Trustee, and against Defendants, Lynette J. Rhoades, and Brian E. Rhoades, Jr., and damages are assessed in the amount of $ 82,505.14, plus interest and costs. BY THE PROTHONOTARY: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790~1010 Deutsche Bank National Trust Company, as Trustee Lynette J. Rhoades and Brian E. Rhoades, Jr. Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04-2861 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA : The undersigned, being duly sworn according to law, deposes and says that the Defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Lynette J. Rhoades, is over eighteen (18) years of age and resides at 17 Sharon Road, Enola, PA 17025; and that the Defendant, Brian E. Rhoades, Jr., is over eighteen (18) years of age and resides at 17 Sharon Road, Enola, PA, 17025. SWORN TO AND SUBSCRIBED BEFORE ME THIS~JDAY 0~004. TERRENCE J. McCA.BE, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Deutsche Bank National Trust Company, as Trustee Cumberland County Court of Common Pleas Lynette J. Rhoades and Brian E. Rhoades, Jr. Number 04-2861 CIVIL TERM CERTIFICATION Terrence J. McCabe, attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendants that judgment would be emered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME THIg~fDAY OFFS-, 2004. NOTAR~Y~y?i~ LIC~ Attorney for Plaintiff VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiffin the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unswom falsification to authorities. J. M~E, ESQUIRE Curt Long Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 July 20, 2004 To: Brian E. Rhoades Jr. 17 Sharon Road Enola, PA 17025 Deutsche Bank National Trust Company, as Trustee Cumberland County Court of Common Pleas VS. Lynette J. Rhoades and Brian E. Rhoades, Jr. Number 04-2861 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE YOU ~ 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 FORIlt 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 LAVq~ER, 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. Cumberland Coun~ Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PEILSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U ORIECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DERIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICAClON, EL TRIBUNAL PODRA, SIN NECESIDAD DE GOMPAR~CER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. ~I USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAIO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN SI USTED NO PUBDE PROPORCIONAR PARA EMPLEAK UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFOILMACION ACERCA DE L~S AGEHCIAS QUE PUEDEN OFRECER LOS SERV1C1OS LEGALES A PI~RSONAS ELEG1BLES EN UN HONORARIO REDUCIDO NI NINGON HONOE3~IO. Cumberland County Bar Assoeiatlon 2 Liberty Avenue Carlisle, PA, 17013 800490-9108 TJM/rda Exhibit A Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 Curt Long Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 July 20, 2004 To: Lynette $. Rhoades 17 Sharon Road Enola, PA 17025 Deutsche Bank National Trust Company, as Trustee Cumberland County Court of Common Pleas VS. Lynette J. Rhoades and Brian E. Rhoades, Jr. Number 04-2861 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE YOU Ams IN DEFAULT BECAUSE YOU HAVE FAiLED TO ENTER A WRITTEN APPEARPaNCE PERSONALLY OR BY ATFORNEY 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 WITHOLrr 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 INEOR/VIATION ABOUT AGENCIBS THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 Cumberland County Bar Assoeiatlon 2 Liberty Avenue Car/Isle, PA, 17013 800-990-9108 TJM/rda Exhibit Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109. IN THE COURT OF COMMON PLEAS OF CUMbERed%ND COUNTY, PENNSYLVANIA CIVIL DIVISION FILE NO.: 04-2861 Civil Term Deutsche Bank National Trust Company, as Trustee V. Lynette J. Rhoades and Brian E. Rhoades, Jr. AMOUNT DUE: $82,505.14 INTEREST: from 8/1/04-9/7/07 $501.72 at 13.56 Per Diem ATTY'S COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if i~ does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 17 Sharon Road, Enola, PA 17025 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s), (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. September 7, 2004 DATE: Signature: ~ ~ ~_~~ Print Name: TERRENCE J. ~cCABE, ESQUIRE Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 LEGAL DESCRIPTION Al J. THAT CERTAIN tract of land with improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of Sharon Road (40 feet wide), said point being the dividing line between Lots Nos. 6 and 7 on the hereinafter mentioned Plan of Lots; thence Southwardly along said dividing line a distance of 180 feet to Lot No. 16 on said plan; thence Eastwardly along said Lot No. 16, a distance of 70 feet to Lot No. 8 on said plan; thence Northwardly along said Lot No. 8, a distance of 180 feet to the Southern line of Sharon Road; thence Westwardly along the South side of Sharon Road, a distance of 70 feet to Lot No. 6, the place of beginning. BEING LOt No. 7 in the Plan of Lots known as Penn Heights, said plan being recorded in the Office of Recorder of Deeds, Cumberland County, in Plan Book 6, Page 28. BEING KNOWN AS 17 Sharon Road, Enola, PA 17025. Being the same premises which Walter E. Kramer, by deed dated the 3~ day of September 2003 and recorded in the Office of the Recorder in and for Cumberland County in Deod Book 259, Page 2723, granted and conveyed to Brian E. Rhoades, Jr. and Lynette J. Rhoades, husband and wife, in fee. TAX MAP PARCEL NUMBER: 09-14-0835-044 ~cCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE IdentificationNLu~ber 16496 123 South Broad Street, Suite 2080 PhiladelDhia, PA 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee Lynette J. Rhoades and Brian E. Rhoades, Jr. Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04-2861 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 17 Sharon Road, Enola, PA 17025, a copy of the description of said property is attached hereto and marked Exhibit 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Lynette J. Rhoades and Brian E. Rhoades, Jr. 17 Sharon Road Enola, PA 17025 o Name and address of Defendant(s) in the judgment: Name Address Same as #1 Above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Deutsche Bank National Trust Company, as Trustee 1761 East St. Andrew Place Santa Ana, CA 92705-6099 4. Name and address mortgage of record: Name of the last recorded holder of Address every Deutsche Bank National Trust Company, as Trustee 1761 East St. Andrew Place Santa Ana, CA 92705-6099 New Century Mortgage Corporation 18400 Von Karman, Ste 1000 Irvine Ca 92612 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: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant(s) 17 Sharon Road Enola, PA 17025 Domestic Relations Armstrong County Court House Rm 1 500 Market Street Kittaning, PA 16201 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 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. DATESeptember 7, 2004 "k'~ ~iq [~/~ ~QT~R~C~ ~ UIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of Sharon Road (40 feet wide), said point being the dividing line between Lots Nos. 6 and 7 on the hereinafter mentioned Plan of Lots; thence Southwardly along said dividing line a distance of 180 feet to Lot No. 16 on said plan; thence Eastwardly along said Lot No. 16, a distance of 70 feet to Lot No. 8 on said p/an; thence Northwardly along said Lot No. 8, a distance of 180 feet to the Southern line of Sharon Road; thence Westwardly along the South side of Sharon Road, a distance of 70 feet to Lot No. 6, the place of beginning. BEING Lot No. 7 in the Plan of Lots known as Penn Heights, said plan being recorded in the Office of Recorder of Deeds, Cumberland County, in Plan Book 6, Page 28. BEING KNOWN AS 17 Sharon Road, Enola, PA 17025. Being the same premises which Walter E. Kramer, by deed dated the 3~a day of September 2003 and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 259, Page 2723, granted and conveyed to Brian E. Rhoades, Jr. and Lynette J. Rhoades, husband and wife, in fee. TAX MAP PARCEL NIYMBER: 09-14-0835-044 McCABE, WEISBERG AND CONWAY, P.C. BY= TERRENCE J. McCJtBE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee Lynette J. Rhoades and Brian E. Rhoades, Jr. Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04-2861 Civil Term TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Lynette J. Rhoades and Brian E. Rhoades, Jr. 17 Sharon Road Enola, PA 17025 Your house (real estate) at 17 Sharon Road, Enola, PA 17025, is scheduled to be sold at Sheriff's Sale on December 8, 2004 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $82,505.14 obtained by Deutsche Bank National Trust Company, as Trustee against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE A~LE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Deutsche Bank National Trust Company, as Trustee, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. YOU may also be able to stop the sale through other legal proceedings. 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 the following notice on how to obtain an attorney.) YOU FlAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 2 ° If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 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. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 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. 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. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. You may also have other rights and defenses, or ways of getting your real estate 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION A~OUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE HAY BE A~LE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COURT ADMINISTHATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 WR/T OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-2861 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TR CO, AS TRUSTEE Plaintiff(s) From LYNETTE J AND BRIAN E RHOADES, JR., 17 SHARON ROAD, ENOLA PA 17025. (1) You are directed to levy upon the property of the defendant (s)and to sell RAL ESTATE LOCATED AT 17 SHARON ROAD, ENOLA PA 17025 (SEE LEGAL DESCRIPTON). (2) You are also directed to attach the property of the defendant(s) not levied upun in tha 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 $82,50514 L.L. $.50 Interest FROM 8/1/04 TO 12/8/04 ~ 13.56 per diem = $501.72 Atty's Comm % Atty Paid $135.66 Plaintiff Paid Date: SEPTEMBER 8, 2004 (Seal) REQUESTiNG PARTY: Name TERRENCE J MCCABE ESQUIRE Address: 123 S BROAD ST SUITE 080 PHILADELPHIA PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790-1010 Supreme Court ID No. 16496 Due Prothy $1.00 Other Costs CURTIS R. LONG By: ~ ~ McCABE, WEISBERG AND CONWAY, P.C. BY= TERRENCE J. McCABE, ESQUIRE Identification ~,mher 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee Lynette J. Rhoades and Brian E. Rhoades, Jr. Attorney for Plaintiff Cumberland County Cot~ of Common Pleas Number 04-2861 Civil Term AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 20th day of October, 2004, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit hereto as Exhibit "A". Copies of attached hereto, the letter and certificate of mailing are also made a part hereof and marked as Exhibit "B." TERRENCE O. MoCABE, ESQUIRE Attorney for Plaintiff q~TAR~- PUBIJlC ' Pursuant to 3129 which is attached SWORN TO AND SUBSCRIBED BEFORE ME THIS 20t~' DAY OF October, 2004. McCABE, WEISBERG AND CONWAY, P.C. 'BY= TERRENCE J. McCABE, ESQUIRE Identification Nua%ber 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (21§) 790-1010 Deutsche Bank National Trust Company, as Trustee Lynette J. Rhoades and Brian E. Rhoades, Jr. Attorney for Plaintiff Exhibit A Cumberland County Court of Common Pleas Number 04-2861 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 17 Sharon Road, Enola, PA 17025, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Lynette J. Rhoades and Brian E. Rhoades, Jr. 17 Sharon Road Enola, PA 17025 2 o Name and address of Defendant(s) in the judgment: Name Address Same as #1 Above 3. Name whose judgment Name and last known address of every judgment creditor is a record lien on the real property to be sold: Address Deutsche Bank National Trust Company, as Trustee 1761 East St. Andrew Place Santa Ana, CA 92705-6099 4. Name and address mortgage of record: Name of the last recorded holder of every Address Deutsche Bank National Trust Company, as Trustee 1761 East St. Andrew Place Santa Ana, CA 92705-6099 New Century Mortgage Corporation 18400 Von Kin-man, Ste 1000 Irvine Ca 92612 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: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant ( s ) 17 Sharon Road Enola, PA 17025 Domestic Relations Armstrong County Court House Rm 1 500 Market Street Kittaning, PA 16201 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 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. October 20, 2004 DATE TERRENCE Jo McCABE, ESQUIRE Attorney for Plaintiff Exhibit A McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee Lynette J. Rhoades and Brian E. Rhoades, Jr. Cumberland County Court of Common Pleas Number 04-2861 Civil Term DATE: TO: October 20, 2004 ALL P~LRTIES IN INTEREST ~_ND CLAIM_A_NTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): PROPERTY: IMPROVEMENTS: Lynette J. Rhoades and Brian E. Rhoades, 17 Sharon Road, Enola, PA 17025 Residential Dwelling Jr. The above-captioned property is scheduled to be sold at the Sheriff's Sale on December 8, 2004, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule.