HomeMy WebLinkAbout04-4493FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQ., Id. No. 12248
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
GE CAPITAL MORTGAGE SERVICES, 1NC.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff
TERM
NO. 0q-
CUiVIBERLAND COUNTY
CHARLOTTE DODDS
1201 GEORGETOWN CIRCLE
CARLISLE, PA 17013
Defendant(s)
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
yOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY' OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File #: 96287
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 WKITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
OBTAIN AND PROVIDE DEFENDANT(S) WITH
WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO
BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
SEND DEFENDANT(S) THE NAME AND ADDRESS
OF THE ORIGINAL CREDITOR, IF DIFFERENT
FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT
UNTIL THE END OF THE THIRTY (30) DAY
PERIOD FOLLOWING FIRST CONTACT WITH
YOU BEFORE SUING YOU TO COLLECT THIS
DEBT. EVEN THOUGH THE LAW PROVIDES
THAT YOUR ANSWER TO THIS COMPLAINT IS
TO BE FILED IN THIS ACTION WITHIN TWENTY
(20) DAYS, YOU MAY OBTAIN AN EXTENSION OF
THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY
(30) DAYS AFTER YOU HAVE RECEIVED THIS
COMPLAINT. HOWEVER, IF YOU REQUEST
PROOF OF THE DEBT OR THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS
UPON YOUR RECEIPT OF THIS COMPLAINT,
THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR
OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY
FOR ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND
RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN
ACTION TO ENFORCE A LIEN ON REAL ESTATE.
File #: 96287
Plaintiff is
GE CAPITAL MORTGAGE SERVICES, INC.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
The name(s) and last known address(es) of the Defendant(s) are:
CHARLOTTE DODDS
1201 GEORGETOWN CIRCLE
CARLISLE, PA 17013
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
On 11/19/93 RUSSELL A. & CHARLOTTE DODDS made, executed and delivered a
mortgage upon the premises hereinafter described to NORWEST MORTGAGE, INC.
which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in
Mortgage Book No. I 180, Page 536. By Assignment of Mortgage recorded 10/20/97
the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment
of Mortgage Book No. 559, Page 1012.
The premises subject to said mortgage is described as attached.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 04/01/2004 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
File #: 96287
· 6. The following amounts are due on the mortgage:
Principal Balance
Interest
03/01/2004 through 09/03/2004
(Per Diem $38.98)
Attorney's Fees
Cumulative Late Charges
11/19/1993 to 09/03/2004
Cost of Suit and Tire Search
Subtotal
$175,421.97
7,289.26
1,225.00
294.96
$ 550.00
$184,781.19
Escrow
Credit 0.00
Deficit 3,602.15
Subtotal $ 3,602.15
TOTAL $188,383.34
The attorney's fees set forth above are in conformity with the mortgage documents and
Pennsylvania law, and will be collected in the event cfa third party purchaser at Sheriffs
Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be
charged.
Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or
Notice of Default as required by the mortgage document, as applicable, have been sent to
the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by
said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff
or an authorized consumer credit counseling agency, or has/have been denied assistance
by the Pennsylvania Housing Finance Agency.
This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
10.
By virtue of the death of RUSSELL A. DODDS, on 10/18/2002, CHARLOTTE DODDS
became the sole owner of the mortgaged premises as surviving tenant by the entireties.
11.
Plaintiffhereby releases RUSSELL A. DODDS, from liability for the debt secured by the
mortgage
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$188,383.34, together with interest from 09/03/2004 at the rate of $38.98 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and
sale of the mortgaged property.
FEDEP~AND PI~LAN, I~L~P //
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 96287
PACM-3039-C- 1
;=EC.~.,~.~,, JF hEEDS
.' ........ ,,,~,~,tTY PA
'93 NQU 2"1 ?P1 !
[Since Above Th~ ~ For Recording Dat~]
MORTGAGE
J
THIS MORTGAGE ('Security Instrument') is given on NOVENBER 19, 1993
RUSSELL A. DODOS AND CHARLO1-FE DODOS, HUSBAND AND WIFE
· The mortgagor is
('Borrower"). This Security Instrument is given to NORWEST MORTGAGE, INC.
which is organizod and existing under the laws of THE STATE 0F MINNESOTA . and whasJ
~td~ssis MINNESOTA SERVICE CENTER. P.O.BOX 9270, DES MOINES, IA
503069270 ("lender"). Borrower owes Lender the principal sum of
1WO HUNDRED ONE THOUSAND AND 00/100
Dollars (U.S. $'~'~'~'~201,000.00 ).
This debt is evidenced by Borrower's note dated the same date as this Security/nstrument ("Note"), which provides for
monthly payments, with the full debt, if not paid earlier, due and payable on DECEMBER 01, 2023
This Security Instrament secures to L~nder: (a) thc repayment of the debt evidenced by the Note, with interest, and all renewals,
extensions and modifications of the Note; Co) the payment of a/l other sums, with interest, advanced u~der paragraph 7 to
protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following
~t~_~y ~.~ i. CUMBERLAND County, Pemuylvaala:
which has me a~dress of 1201 GEORGETOWN CIRCLE CARLISLE
Permsylvania 17013 ("Property Address");
[Zip Coael
PENNSYLVANIA-Sin;~fe Family*Fannie Mae/F~'eddie Mac UNIFORM INSTRUMENT
[street, Ci~,],
Form 3039 9/90
Amend
TOGETHER WITH all the improvements now or hereafter erected on the property, and ali easements, appurtenances, a~d
f~tures r~ow or hereafter a part of the property. All replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,
grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower wanants
and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdicfion m constitute a unitbrm security instrument covering real properly. UNIFORM COVENANTS. Borrower and Lender covenant ~ agree as follows:
1. Payment of Principal and Interest; Prepa~qaent and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Fa.ds for Taxes and Iaanraace. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds') for: (a) yearly ts~es
and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments
or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums,
if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with
the provisions of paragraph 8, in lieu of the paymenl of mortgage insurance premiums. These items are called 'Escrow Items.'
Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally
related mortgage loan may require for Borrower's escrow account under the federal Real Estate Se~ement Procedures Act of
1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ('RESPA'), unless another law that applies to the Fumls
sets a lesser amount. If so, Leaner may, at any time, collect ~nd hold Funds in an amount not to exceed the lesser amonat.
Leader may estimate the amount of Funds due on the basis of current data and reasunable estimates of expenditures of future
Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Leaner shall apply the Funds to pay ~e
Escrow Items. Leader may not charge Borrower for holding and applying the Funds, aunually analyzing the escrow account, or
verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law perm/ts Lender to make such
a cliarge. However, Lender may requine Borrower to pay a one-time charge for an independent real estate ~ax reporting service
used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or
applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds.
Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,
without charge, an annual accounting of the Funds, showing credits and debits tu the Funds and the purpose for which each
debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrowr
for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any
time is not sufficient to pay the Escrow Items whan due, Lender may so notify Borrower in writing, and, in such case Borrower
shall pay to Lender the amount necessary to make up the deficiency. Borrower shall mare up the deficiency in no more ~
twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sams secured by lhis Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Prop~'ty, Lender, prior to the acquisition or sale
of the Property, shall apply any Funds held by Leaner at the time of acquisition or sale as a credit against the sums secured by
this Security lastrament.
3. Appllcattms of Payment. Unless applicable law provides otherwise, all payments received by Lender under paragraphs
1 ami 2 shall be applied: first, to any propayment charges due under the Note; second, to amounts payable under paragraph 2;
third, to interest due; fourth, to principal due; and last, tu any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property
which may attain priority over this Securirg Instrument, and leasehold payments or ground rents, if any. Borrower shall pay
these obligations in the manner provided in paragraph 2, or if ant paid in that manner, Borrower shall pay them on time directly
to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragral~.
If Borrower ma~es these payments dircody, Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which bas priority over this Security instrument unless Borrower: (a) agrees in
writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien
by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the
enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to
this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over
this Security/nstroruem, L~nder may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or ta~e one or
more of the actions set forth above within 10 days of the giving of notice.
1180 537 d j9
EXHIBIT "A"
ALL that certain tract of land situate in the Borough of Carlisle,
Cumberland County, Pennsylvania appearing as Lot Number 1 on
Drawing Number 2-R of the Final Subdivision Plan of Walnut Court as
recorded in Cumberland County Plan Book 48, Page 133 et seq. and
being more particularly bounded and described in accordance with
said Subdivision Plan as follows:
BEGINNING at a point at the northeastern corner of Lot Number 2 of
the above mentioned subdivision; thence along the right of way for
Georgetown Circle along the arc of a circle having a radius of
1150.57 feet a distance of 50.30 feet to a point; 'thence along the
right of way for Georgetown Circle North 83 degrees 45 minutes 00
seconds East 45 feet to a point along the right of way for
Georgetown Circle; thence along said Georgetown Circle along the
arc of a circle having a radius of 25 feet, a distance of 39.27
feet to a point along the right of way for Orange Street; thence
along the right of way for Orange Street South 06 degrees 15
minutes O0 seconds East 106.68 feet to a point; thence continuing
along the right of way for Orange Street along the arc of a circle
having a radius of 10 feet a distance of 14.02 feet to a point
along a 60 foot right of way for Walnut Street; thence along said
Walnut Street South 74 degrees 04 minutes 00 seconds West 106.56
feet to a point at the Southeastern corner of Lot No. 2; thence
along the said Lot No. 2 North 8 degrees 45 minutes 15 seconds West
158.51 feet to a point being the place of BEGINNING.
BEING Lot Number 1 of the Final Subdivision Plan of Walnut Court as
recorded in Cumberland County Plan Book 48, Page 133, et seq.
5. Hazard or Property Insurance. Borrower shall kecp the improvements now existing or hereafter erected on file
Property insured against loss by fire, hazards included within the term "extended COverage~ and any other hazards, including
floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for thc periods
that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval
which shall not be unreasonably withheld. If Borrower falls to maintain coverage described above, Lender may, at Lender's
option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender
shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly .give to Lender all receipts of
paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of file
Property damaged, If thc restoration or repair is econormcaiiy fCnslble and Lender's security is not lessened.
repair is not nders secmuty would be lessened, the insurance proceeds shall be applied to the sums
economically feasible or Le ' · If the restoration or
secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the
ProI~ly, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then
Lender may collect the insurance proceeds. Lender may use the proceeds tu repair or restore the Property or to pay sums
secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shah not extend or
postpone the due da~ of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If
under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from
darnao°e to the Prnpe~y prior to the acquisition shall pass to Lender to the extent of the sums secured by
immediately prior to the acquisition, this Security Instrumont
6. OnellpOncy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Applit:arion;
Borrower shall occupy, Leaseholds.
establish, and use thc Property as Borrower's principal ....
rasnlence wtthm sixty days after the execution of
this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year afler
the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unrcnsonabiy withhold, or unlass
extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the
Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeitUre
action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of file
Properly or otherwise materially impair the lien created by this Security InstrUment or Lender's security interest. Borrower may
cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling
that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material
impairment of the lien created by this Security Instrument or Lender's security inturest. Borrower shall also be in default if
Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed
to provide Lender with any material information) in conoection with thc loan evidenced by the Note, including, but not limited
representaaons concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is o0 a
leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
· 7. Protection of Lender's Rights in the Property. If Borrower falls to rform the
this Security Instrument or there is a le,,al .... n: ...... pe covenants and agreements contained in
proceeding in bankruptcy, probate, e r,,~,,.~oamg mat ]nay slgnlficantly affect Lender's rights in the Property (suc~ aa a
for condemnation or forfeiture or to enforce laws or regulations), then Lender may do a~ld
pay for whatever i~ necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may
include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, payil~g
reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph
7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become aslditional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the
date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting
payment.
8. Morigage Insurance. If Lender req.uired mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, thc
mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to thc
cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If
substantially equivalent mortgage insurance coverage is not available, Borrower shall
one-twelfth of the yearly mort aec insurance ,~ ~0;..~ ~.A _~ .J, ~ pay to Lender each month a sum eouai to
be in effect. Leader will aceeptg,~ rre ........ocmt; pa~a oy IJorrower when the insurance coverage loused
use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve
Form 3039
00 1180 $38
payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and/'or the period
that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall gay
the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mong~e
insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspeelinn. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give
Borrower notice at the ~ of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
continuation or other taking of any part of the Property. or for conveyance in lien of condemaarion, are hereby assigned md
shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrumemt,
wheaher or not th~n due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair
market value of the Property in,mediately before the taking is equal to or greater than the amount of the sur~ secured by this
Security Instrument immedintely before thc taking, unless Borrower and Lender otherwise agree in writing, the sums secured by
~ Sectlrity Instrument shall be reduncd by the amount of the proceeds multiplied by the following fraction: (a) the total
amount of the sums secured immedintely before the taking, divided by (b) the fair market value of the Property immediately
before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair
market value of the Property immediately before the ~aking is less than the amount of the sums secured immediately before the
tal~ing, u~le~ Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall
be applied to the sums secured by this Security Instrument whether or not the sums are then due,
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that file condemnor offers to make
award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the noticn is give~,
Lender is authorized to collect and apply the pr~xis, at its option, either to restoration or repair of the Proper~y or to the sn~s
secured by this Security Instrument, whether or not than due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds IO principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amounl of such payments.
11. Borrower Not Released; For~oearanec By Lender No! a W~ver. Extension of the time for payment or modification
of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall
not operate to release the liability of the original Borrower or Borrower's succ~sors in ir~terest. Lender shall not be required
co~ proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization
of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's
successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the
exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Cosigners. ~be covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions
paragraph 17. Borrower's covenants and agreements shall be joi~t and several. Any Borrower who co-signs this Securily
Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that
Borrower's interesl in the Property ~x~der the terms of this Security Instroment; ([~) is not persollally obligated to pay tho su~ls
secured by this Security Instrument; a~d (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear ar
make any accommodations with regard to the terms of this Security lnstroment or the Note without that Borrower's consent.
13. ~ Charges. If the loan secured by this Security InstrUment is subject to a law which sets maximum loan chargeL
and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the
loan exc~e~ the permitled limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charl~e
to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded
Borrower. L~nder may choose to make this refund by reducing the principal owed under the Note or by malting a dire~
payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without ashy
prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by dniivering it or by mailing
il by first class mail u~lass applicable law requires use of another method. The notice shall be directed to the Property Addre~
or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail Io
Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in thiS
Security Instrument shall be deemed to have been given lo Borrower or Lender when given as provided in this paragraph.
15, Govenling Law; Sevecability. This Security Instrument shall be governed by federal law and the law oftbe
jurisdiction in which the Prupe~y is located. In the event thai any provision or clause of this Security Instrument or the
conflicts with applicable law, such conflict shall upi affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declar~
to be severable.
16. Boerower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If ail or any part of the Property or any interest in it
L~ sold ut: transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without
Lender's l~ior written consent, Leader may, at its option, require immedia~ payment in full of all sums secured by this
Security l~strument. However, this option shall not be exercised by Lender if exercise is prohibit~l by federal law as of the d~te
of this Security Instrument.
If Lender exercises this option, L~der shall give Borrower notice of ac~leratloa. The notice shall provide a period of not
less than 30 days from the date the notice is delivered or mailed within which Borrower must pay ail sums secured by this
Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Leader may invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enfomamem of this Security lustxument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatemen0 before sale of the Property pursuant to any power of sale contained in tltis
Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pefi's
Leader all sums which titan would be due under this S~uSty Instnsment and the Note as if no acceleration had occurred; (b)
cures any default of any other covenants or agreements; (e) pays all expenses ineurced in enforcing this Security.lnstrumelat,
inuinding, but not limited to, reasonable attorneys' fees; and (d) takes sue& action as Lender may reasonably reqmre to assttte
that the lien of this Security Instrument, Leader's rights in the Property and Borrower's obligation to pay the auras secured by
this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the
obligations secured hereby shall remain fully effective as if on acceleration had occurred. However. this right to reinstate shall
not apply ia the case of acceleration under paragraph 17.
19. Sale of Note; Clmnge of ~ Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known
as the 'Loan ,~Jurviecr') that collcets month/y payments due under the Note and this Security Instrument. There also may be o~e
or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be
given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will sta~ the name and
address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other
information required by applicable law.
20. Hazardous Substance. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substancos on or in the Prepmay. Borrower shall not do, nor allow anyone else to do, anything affecting the
ProI~'ty that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or
storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residantiai uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
govemn~tal or regulatory agency or private party involving the Property and any Hazardous Substance or Environmantsl Law
of which Borrow~r has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that
any removal or other remediatiun of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take
all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "l'Ja?ardous Substances" are those substances defined as toxic or ha~,ardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in
tiffs paragraph 20, 'Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acederatlan; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's brunch
of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 uuiass
appllcal}le law pro~,ides otherwise). Lender shaft notify Borrower of, among other tldngm (a) the default; (b) the action
required to cure the defuult; (e) when the default must be cured; and (d} that fuilnre to cure the derail as specified may
result in uecelerution of the sums secured by tills Secucity lustrmnent, foreclosure by judicial proe~ethng and sale of the
Property. Lender shall fm'ther Inform Borrower of the right to reiuslate ufter acceleration and the right to assert in the
foreriusnr~ pl'oee~ltn~ the non-existence of a defuuit or any other defense of Borrower to acceleration and foreclosure. If
the default is not em'ed us specified, Lender, ut Its option, may require immolate payment In full of all sinus secured by
this Security Iustnnnent without fuctber demand and may foreclose this Secusity. Iustran~.ent by judirial proceeding.
Lender shall be entitled to cullect all expenses incurred in pursuing the remedies prowded in this paragraph 21,
including, but not limited to, attorneys' fees and costs of title evidence to the extent i~rmitted by applicable law.
22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate
conveyed shall terminate and become void. After such occurrence, Lender shall diacharge and satisfy this Security Instrument
without uharge to Borrower. Borrower shall pay any recordation costs.
23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings
to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution,
extension of time, exemption from attachment, levy and sale, and homestead exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to abe
commencement of bidding at a shufiff's sale or other sale pursuant to th.is Security Instrument.
2~;. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title
to thc Property, this Security Instrument shall be a purchase money mortgage.
26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note
or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
Form 303/~
PAC6-3039-C-6
27. Riders to this Security ]Mstrument. ff one or more riders axe executed by Borrower and recorded together with tl~is
Security Instruraent, the covenants and agreements of each such rider shall lac incorporated into and shall amend and supplement
the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.
[Check applicable box(es)]
~ Adjustable Rate Rider [] Condomhfinm Rider [~ 1-4 Family Rider
~ Graduated Payment Rider [] Planned Unit Development Rider ~ Biwe~cly Payment Rider
~ Balloon Rider ~-] Rate Improvement Rider I I Second Home Rider
[~ V.A. Rider [--~Other(s) [specify] F:daib±t
BY SIGNING BELOW, Borrower accepts and agrees w the terms and covenants contained in this Security Instrument and
(Sea~) (Sead)
Certificate of Residence
I, Robert C. Sa/dis, Esquire ,doherebyc~nifythatthecorreetaddre. ssof
thewithin-namedMongageeis Minnesota Serv±ce Center, P.O. Box 9270, Des Moines, IA 50306-9270.
Witness my hand this 19th
day of
Robe"'rt:
C. Said~s, Esquire Agent of Mortgal~e
COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND
County
On this, the 19TH day of NOVEMBER ,1993 , before me, the undersigned officer,
personally appearedRUSSELL A. DODOS AND CHARLO'HE DODDS. HUSBAND AI~D WIFE
known to me (or satisfactorily proven) to be the
peraon S whose name s are subscribed to the within instrument and acknowledged that they
executed the same for the purposes herein contained, e~k)
IN WITNESS WHEREOF, I hereunto set my hand and official
1180 aCE
~-6R(PA) (slosl
Form 3039 9190
1
LEGAL DESCRIPTION
ALL that certain tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania appearing as Lot
Number 1 on Drawing Number 2-R of the Final Subdivision Plan of Walnut Court as recorded in Curnbedand County
Plan Book 48, Page 133 et seq. and being more particularly bounded and described in accordance with said Subdivision
Plan as follows:
BEGINNING at a point at the northeastern comer of Lot Number 2 of the above mentioned subdivision; thence along the
right of way for Georgetown Circle along the arc ora circle having a radius of 1150.57 feet a distance of 50.30 feet to a
point; thence along the right of way for Georgetown Circle North 83 degrees 45 minutes 00 seconds East 45 feet to a point
along the right of way for Georgetown Cimle; thence along said Georgetown Circle along the arc of a circle having a
radius of 25 feet, a distance of 39.27 feet to a point along the right of way for Orange Street; thence along the right of way
for Orange Street South 06 degrees 15 minutes 00 seconds East 106.68 feet to a point; thence continuing along the right of
way for Orange Street along the arc of a circle having a radius of 10 feet a distance of 14.02 feet to a point along a 60 foot
right of way for Walnut Street; thence along said Walnut Street South 74 degrees 04 minutes 00 seconds West 106.36 feet
to a point at the Southeastern comer of Lot No. 2; thence along the said Lot No. 2 North 8 degrees 45 minutes 15 seconds
West 158.51 feet to a point being the place of BEGINNING.
BEING Lot Number 1 of the Final Subdivision Plan of Walnut Court as recorded in Cumberland County Plan Book 48,
Page 133, et seq.
UNDER AND SUBJECT to restrictions of record.
BEING the same premises which Walnut Court Associates, by deed dated May 22, 1987 and recorded in Cumberland
County Recorder of Deed's Office in Deed book 32-R, Page 334, granted and conveyed to Kenneth G. Hamilton and
Victoria S. Hamilton, his wife, Grantors herein.
Being Known As: 1201 Georgetown Circle
File #: 96287
VERIFICATION
YOLANDA WILLIAMS hereby states that she is VICE PRESIDENT LOAN
DOCUMENTATION of WELLS FARGO BANK, N.A SUCCESSOR BY MERGER TO
WELLS FARG HOME MORTGAGE,/NC. mortgage servicing agent for Plaintiff in this
matter, that she 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 her
kmowledge, information and belief. The undersigned understands that this statement is
made subject to the penalties of 18 Pa CS Sec. 4904 relating to unsworn falsification to
authorities.
SHERIFF'S RETURN -
CASE NO: 2004-04493 P
COMMONTWEALTH OF' PENNSYLVANIA
COUNTY OF CUMBERLAND
NOT FOUND
GE CAPTIAL MORTGAGE SERVICES
VS
DODDS CHARLOTTE
R. Thomas Kline
duly sworn according to law, says, that he made
inquiry for the within named DEFENDANT
DODDS CHARLOTTE
unable to locate Her in his bailiwick.
,Sheriff or Deputy Sheriff, who being
a diligent search and
but was
He therefore returns the
COMPLAINT - MORT FORE
the within named DEFENDANT
1201 GEORGETOWN CIRCLE
CARLISLE, PA 17013
DEFENDANT IS DECEASED.
DODDS CHARLOTTE
, NOT FOUND , as to
Sheriff's Costs:
Docketing 18.00
Service 3.70
Not Found 5.00
Surcharge 10.00
.00
36.70
So answers ~J ~3
R. Thomas Kline
Sheriff of Cumberland County
FEDERMAN & PHELAN
09/16/2004
Sworn and subscribed to before me
this ~gz~{ day of ~f~. ~
c~q A.D.
Prot ~or(ot ary
FEDERMAN PHELAN, LLP
By: Frank Federman, Esquire I.D. No. 12248
Lawrence T. Phelan, Esquire I.D. No. 32227
Francis S. Hallinan, Esquire I.D. No. 62695
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
GE CAPITAL MORTGAGE SERVICES, INC.
Plaintiff
VS.
CHARLOTTE DODDS
Defendant(s)
Court of Common Pleas
CUMBERLAND County
No. 04-4493 CIVIL
PRAECIPE TO WITHDRAW COMPLAINTf WITHOUT PRE[UDICE f
AND DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark
this case discontinued and ended, upon payment of your costs only.
Date
Frank Federman, Esquire
Lawrence T. Phelan, Esquire
Francis S. Hallinan, Esquire
Attorneys for Plaintiff