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HomeMy WebLinkAbout14-5215 Supreme Court of Pennsylvania Court of Common'Tleas For Prouwnotmy Use only: Civil Cover Sheep Docket Na: Cumberland County .SaLS, The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 91 Complaint 0 Writ of Summons Petition E 0 Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: The Bank of New York Mellon FKA The Bank of New York,et al Joshua Rinehart T x Dollar Amount Requested: within arbitration limits Q I Are money damages requested? Yes No (check one) E]outside arbitration limits N Is this a Class Acfion Suit? []Yes No Is this an MDJAppeaP ® Yes 91 No A Name of Plaintiff/Appellant's Attorney: Thomas M. Federman Check here if you have no attorney(area Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X' to the left of the ONE case category that most accurately describes your PRIl L4RY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection: Credit Card [3 Board of Assessment Motor Vehicle Q Debt Collection: Other 0 Board of Elections Nuisance Dept. of Transportation S El Premises Liability Statutory Appeal: Other Q Product Liability(does not include Employment Dispute: E mass tort) SlanderlLibel/Defamation Discrimination © C Other: Employment Dispute: Other Zoning Board T Q Other: I 0 Other: Q MASS TORT Asbestos N Tobacco Toxic Tort-DES E] Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Other: 0 Ejectment � Common Law/Statutory Arbitratiai B 0 Eminent Domain/Condemnation Declaratory Judgment El Ground Rent Mandamus El Landlord/Tenant Dispute Non-Domestic Relations El Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial Quo Warranto E] Dental 0 Partition Q Replevin 0 Legal E] Quiet Title El Other: 0 Medical Other: n Other Professional: ' n�a,.roa r�rian r a �a i FEDERMAN&ASSOCIATES, LLC By: Thomas M. Federman,Esq., ID No. 64068 By: Danielle Boyle-Ebersole, Esq., ID No. 81747 ATTORNEY FOR PLAINTIFF By: Paul J. Fanelli, Esq., ID No. 313157 305 York Road, Suite 300 Jenkintown,PA 19046 (215) 572-5095 THE BANK OF NEW YORK MELLON FKA THE COURT OF COMMON PLEAS BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS INC., CIVIL DIVISION ASSET-BACKED CERTIFICATES, SERIES 2007-10 CIO SPECIALIZED LOAN SERVICING LLC 8742 LUCENT BOULEVARD NO. �� —�ow 0,0-t SUITE 300 HIGHLANDS RANCH, CO 80129-2386 Plaintiff V. Joshua Rinehart CUMBERLAND COUNTS 802 Torway Road Gardners, PA 17324 rnco cn yr cn r f�v Defendant(s) CIVIL ACTION—LAW :r� c COMPLAINT IN MORTGAGE FORECLOSURE ' a 4/ls: Is�t eKc-_J f- s9�/ 13-00824-1 31a 7� 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. Adams County Courthouse Court Administrator Adams County Courthouse Gettysburg,PA 17325 (717) 337-9846 13-00824-1 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.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 REAL ESTATE. IF THIS IS THE FIRST NOTICE 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 PLANTIFF 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 PLANTIFF 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 EXTENTION OF THAT TIME. FURTHERMORE,NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THE 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. 13-00824-1 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEENDERSE CONTRA LAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, ES ABSOLUTAMENTE NECESARIO QUE USTED RESPONDA DENTRO DE VEINTE (20) DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA YAVISO. HACE FALTAASENTAR UNA COMPARENCIA ESCRITA O EN PERSONA O CON UN ABOGADO Y ENREGAR A LA CORTE EN FORME ESCRITA SUS DEFENDAS O SUS OBJECIONES A LAS DEMANDAS ON CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, SUYA SIN PREVIO AVISO O NOTIFICATION.ADEMAS, LA CORTA PUEDE DECIDIR A FAVOR DEL DEMANDANTE Y REQUIERE QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES Y OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAY A EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARAAVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Adams County Courthouse Court Administrator Adams County Courthouse Gettysburg,PA 17325 (717) 337-9846 13-00824-1 -c 1. Plaintiff is: THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS INC.,ASSET-BACKED CERTIFICATES, SERIES 2007-10 C/O SPECIALIZED LOAN SERVICING LLC 8742 LUCENT BOULEVARD SUITE 300 HIGHLANDS RANCH, CO 80129-2386 2. The name(s) and last known address(es)of the Defendant is: Joshua Rinehart 802 Torway Road Gardners,PA 17324 who is/are the mortgagor(s)and/or real owner(s) of the Property hereinafter described. 3. On or about 04/30/2007, mortgagor made, executed and delivered a Mortgage upon the Property hereinafter described to Mortgage Electronic Registration Systems, Inc.,Acting Solely as Nominee for Countrywide Home Loans, Inc. dba America's Wholesale Lender,which Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Book 1992, Page 4380 (the"Mortgage"). The Mortgage was last assigned to Plaintiff by Assignment of Mortgage,which was recorded on 1.0/12/2011 as Document#201128233. The Mortgage and Assignment(s), if any, are matters of public record and incorporated herein by reference, in accordance with Pa.R.C.P. 1019(g),which Rule relieves Plaintiff from the obligation to attach to pleadings any document that is of public record. 4. Plaintiff, directly or through an agent, has possession of the Promissory Note. Plaintiff is either the original payee of the Promissory Note or the Promissory Note has been duly endorsed. A true and correct copy of the Promissory Note is attached hereto as Exhibit"A." 5. The Property subject to the Mortgage is more fully described in the legal description attached hereto as Exhibit`B"(the"Property"). 13-00824-1 y 6. The Mortgage is in default because payments of principal and interest are due and unpaid for 07/01/2009 and each payment thereafter. By the terms of the Mortgage, upon failure of Mortgagor(s)to make such payments after a date specified in written notice sent to Mortgagor(s), the entire principal balance and interest due and other charges due thereon are collectible forthwith. 7. The following amounts are due to Plaintiff on the Mortgage: Principal Balance $173,371.94 Interest accrued at a variable rate $85,510.79 06/01/2009 to 06/13/2014 Property Inspection $612.95 Property Preservation $3,184.00 Cumulative Late Charges $4,137.06 Escrow Advance $21,487.86 TOTAL $288,304.60 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances)and Plaintiffs attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 8. This is an in rem action only against the Property. Plaintiff does not seek a judgment of personal liability (or an in personam judgment)against Defendant(s)in the Action. Plaintiff, however,does reserve the right to bring a separate action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish the personal liability discharged in bankruptcy, but is intended only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania Law. 13-00824-1 y 9• The Plaintiff has been confirmed to be the real party in interest and has the right to foreclose on the Property. 10. Notice of Intention to Foreclose as set forth in Act 6 of 1974 ("Act 6"),Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 1998 ("Act 91"), and/or Notice of Default as required by the Mortgage document, as applicable, have been sent by regular and certified mail to the Defendant(s)on the date(s) set forth in the true and correct copies attached hereto as Exhibit"C." The temporary stay as provided by said notice is no longer in effect because the applicable time period therein has expired and/or Defendant(s)has/have failed to have the required face-to-face meeting within the required time with the Plaintiff or an authorized consumer credit counseling agency; or has/have been denied assistance by the Pennsylvania Housing Finance Agency. IL This action does not come under Act 91 because the Defendant(s) is/are more than thirty-six (36)months delinquent on the Mortgage obligation. WHEREFORE, PLANTIFF demands an in rem judgment in mortgage foreclosure in the sum of $288,304.60, together with interest from 06/14/2014 at the adjustable rate in effect from time to time to the date of Judgment, and other costs and charges incurred by Plaintiff that are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. FEDERMAN&ASSOCIATES,LLC Date: O�// `� By: ,►Thomas M. Federman, Esq., ID No. 64068 ❑ Danielle Boyle-Ebersole, Esq., ID No. 81747 ❑ Paul J. Fanelli, Esq., ID No. 313157 Counsel for Plaintiff 13-00824-1 EXHIBIT Y ,R F c 1r L� h The Note Holder will then determine the amount of the monthly aWou LOA1q #: 167622263 principal that I am expected to owe at the Change Date in full on the maturity date at my new interest tate in be sufficient to repay the unpaid wily equal Payments.The result of this calculation will be the new amount of my monthly payment. (D)Limits on Interest Rate Changes The interest rate I am required to pay at the first Change bate will not be greater than 11.300 a/a or Less than 9.800 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE & ONE-HALF percentages oint _ preceding six months.My interest rate will never be (ter th n 500 %)from the rate of interest I have been paying for the (L7 Effective Date of Changes $e 16_800 /o or less then 9.800 %. My now interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until (F)Notice of Changes the amount of My monthly payment changes again. The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change.The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5.BORROWS'R'S RIGHT TO PREPAY principal is I have the right to make payments of Principal at any time before they are due.A prepayment of all of the unpaid Prepayment." as a "Fun PrepaymenL"A prepayment of only part of the unpaid principal Is known as a"Partial If the original Principal amount of this loan is 550,000 or less,I may make a Full or Partial Prepayment without ping a penalty.However,if the original Principal amount of this Note exceeds y50,0o0, QI may prepay this Note in full at any time without penalty. If within the first TWENTy Li OLTR months after the execution of the Note,•I make an any I2-month period,the total of which exceeds 20 percent(20%)of the original principal amount of this to n,I win pay t prepayment penalty.in( () amount equal to the period exceeds 20 percent(20%)of the originalpayment of six(6)months,advance interest on the amount by which the total of,my prepaymentswithin that 12-month principal amount of the Loan, 6.LOAN CHARGES If law,which applies to this loan and which sets maximum loan charges,Is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collectfrom me which exceeded permitted limits will be refunded to me.The Note Holder may choose to make this refund by reducing the ed Principal I owe under this Nota or by making a direct payment to me.If a refund reduces Principal,the reduction will be treated as a Partial Prepayment 7.)3ORItOVIrM S FAILURE TO PAY AS REQUIRED (A)Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN days after the date it is due,I will pay a late charge to the Note Holder.The amount of the charge will be 5.000 calender overdue payment of principal and interest.I will pay this late charge promptly but only once on each Into payment ��of my (B)Default If do not pay the full amount of each monthly payment on,the date it is due,I will be in default (C)Notice of Default If I am in default,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date,the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount.That date must be at feast 30 days after the date on which the notice is mailed to me or delivered by other means. (D)No Waiver by Note Holder Even if,at a time when I am in default,the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so If I am in default at a later time. (E)Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right to be paid back by me for all Of-its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.Those expenses include,for example,reasonable attorneys,fees. S.GIVgIG OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Nate will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if i give the Note Holder a notice of my different address. Any notice that must be ven to tba te er der this Note will 'class mail to the Note Holder atithe address sated ndSe Section 3(A)above or at a different addrese given by s if Ii am by mailing it by first different address. given a notice of that • BC-ARMNato 2D17B-PA(12/05) Page 2 or 3 � v 9.OBLIGATIONS OF PERSONS UNDER THIS NOTE LOAN #: 167622289 If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Note,including the promise to pay the full amount owed.Any person who is a guarantor,surety or endorser of this Note is also obligated to do these things.Any person who takes over these obligations, including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made in this Note.The Note Holder may enforce its rights under this Note against each person individually or against all of us together.This means that any one of us may be required to pay all of the amounts owed under this Note. 10.WAITERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment"means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor"means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11.SECURED NOTA In addition to the protections given to the Note Holder under this Note,a Mortgage,Deed of Trust,or Security Deed(the "Security Instrument'D,dated the same date as this Note,protects the Note Holder from possible losses which might result ifI do not keep the promises which I make in this Note.That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security instrument.However,this option shall not be exercised by Lender ifsuch exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period ofnot less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. c Lao A R1NERA_R.T -Borrower -Borrower -Borrower -Borrower [Sign Original Only) PAYtO'tk1E0i�m� t'(111-(f)US AECOU�tSE COAPOAA'A(kt- . GOUt�AYti^:IOEHOMEL4�`:S,lh'C.ANE`NYORK - . nar>Gaus�l�ssls nitr�ncas�'1No �o>� p�Gl'f1VEVlCEPAEStDFIit 80-ARM Note ZD178-PA(12105) Pa98 3 of 3 EXHIBIT B , tern fi l l r,.t v - , . , r EXHIBIT"A" LEGAL DESCRIPTION All that certain tract of land situate in the Township of Dickinson,County of Cumberland,and Commonwealth of Pennsylvania,being more particularly bounded and described as follows.to wit: BEGINNING at a point on the northwestertm most dedicated right-of-way tine Torway Road(T7534)and at the common point of adjoiner of Lots#3 and#4 on tho hereinafter mentioned plan of subdivision;thence extending t in and along the northwestern most dedicated right-of-way line of Torway Road,South forty-five degrees(45) forty-five(45)ninutes zero(00)seconds West,for a distance of one hundred fifty and no hundredths(150.00) feet to steel pin on Lot#5;thence extending along Lot#1y5,North forty-four(44)degrees fdtoen(15)minutes zero(00)seconds West,for a distance of two hundred seventy and no hundredths(270.00)feet to Lot#7: i thence extending North forty-five(45)degrees forty-five(45)minutes zero(00)seconds Fast,for a distance of one hundred fifty and no hundredths(150.00)fefit to a steel pin ir1 Lot#3,l nce South.forty-fo+!r(44)degrees fifteen(15)minutes zero(00)seconds East,for a distance of two hundred seventy and no hundredths-(270.00) feet to a steel pin set the northwestern most dedicated right-of-way Gine of Torway Road,said pin marking the place of BEGINNING. CONTAINING 0.830 acres and being designated as Lot#4 In accordance with the Plan of Subdivision of Orchard Crest prepared for Harmon-Grave Co.by Mort,Brown and Associates,dated March 6,1087 and recorded in the Office of the Recorded of Deeds in and for Cumberland County,Pennsylvania in Pian Book 53, t at page 23. BEING IMPROVED by a dwelling known and municipally numbered as 802 Torway Road,Gardners,PA 17324 C BEING the same premises which Harry H. Fox and Ann G.Fox,husband and wife, by deed dated October 7, r 2G02,and ri,�m;^ bgr 1 w,2tt02,in CumDsrlar±drnt;in nod Boobs_.Volume 254 at F+age 314;granted and conveyed unto Harry H.Fox,individually_ rT AI cn SE, Y we»�li Mrdon of the came prem!"tk++glitch lisr4ld C.Rices and Loretta 1. Rice,husband and is nt.vv vim, wife,by deed dated September 23,1067,and recorded in Cumberland County in Bead Book Volume 3313 at Page 554,granted and conveyed unto Hang H.Fox,Jr.and Ann G.Fox,husband and wife_ BEING KNOWN as Parcel No.08-16-0210-133 BEING the some premises which became vested in Joshua Rinehart herein by deed of Harry H.Fox,dated May 4,2007 and recorded contemporaneously herewith in the Office of the Recorder of tweeds in and for Cumberland County, f. f � CeTtI: Y X115 t(} be rn CuMbedand xLeord d Co ` . o L it�i�y'PA Recflrde.d1) 10eds (C)COD7,00163A.PFDXnC)07-W 163AY12) I992PG440C � EXHIBIT Joshua Rinehart 802 Torway Rd, Gardners, PA 17324 Joshua Rinehart 107 Wazmar Manor Dillsburg, PA 17019 PHFA—HEMAP 211 North Front Street P.O. Box 15530 Harrisburg,PA 17105 13-00824-1 Date: October 30, 2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM(HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help,you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE.Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at: 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it.You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION ENT ADJUNTO ES DE SU'-Nu LIIPORTANCIA,PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO CO'-NIPRENDE EL CONTENIDO DE ESTA NOTIRCACIt3N OBTENGA UNA TR_ADUCCION L\'_lIEDI.ATAMENTE LLAMANDO ESTA AGENCLA (PENNSYLVA'VLA HOUSr�TG FINANCE AGENCY) SIN CARGOS AL NU-AIERO _lIENCIONADO ARRIBA. USTED PUEDES SER ELEGIBLE PARA UN PREST42NIO POR EL PROGRA11A, LLAT ADO "HOMEON—NER'S EMERGENCY MORTGAGE ASSISTANCE PROGRA'XI"EL CUAL PUEDE SALT AR SU.CASA.DE LA PERDIDA DEL DEREC'HO A REDLIIIR SU HIPOTECA. THIS COMPANY IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. 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 REAL ESTATE. Attention Servicemembers and Dependents: The federal Servicemembers Civil Relief Act and certain state laws provide important protections for you, including prohibiting foreclosure under most circumstances during and twelve months after the servicemember's military or other service. Specialized Loan Servicing LLC will not foreclose on the property of a servicemember or his or her dependent during that time, unless pursuant either to a court order or servicemember's written waiver agreement. 13-00824-1 HOMEOWNER'S NAME(S): Joshua Rinehart PROPERTY ADDRESS: 802 Torway Rd, Gardners, PA 17324 LOAN ACCT NO: 100571.5508 ORIGINAL LENDER: Countrywide Home Loans, Inc. dba America's Wholesale Lender CURRENT LENDER/SERVICER: The Bank of New York Mellon FKA The Bank of New York, as Trustee for the certificateholders of the CWABS, Inc.,ASSET-BACKED CERTIFICATES, SERIES 2007-10 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY- THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting.Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.)You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with 13-00824-1 one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETINQ THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORA FORECLOSURE". RY STAY OF YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS.A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION,BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty(60)days to make a decision after it receives your application. During that time,no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 802 Torway Rd„ Gardners, PA 17324 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are past due: Monthly payments from 01/01/2011 thru 05/01/2011 $96,571.46 Late Charges Due $3,629.00 Property Inspection(s) Escrow $192.96 $19,728.98 TOTAL AMOUNT PAST DUE: $120,122.40 HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY(30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 120,122.40 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY(30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to 13-00824-1 Name of Servicer: Specialized Loan Servicing LLC r Attn: Servicing Department Address: 8742 Lucent Boulevard Suite 300 Highlands Ranch, CO 80129-2386 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30)DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00.Any attorney's fees will be added to the amount you owe lender, which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAY period,will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale.You may do so by pang the total amount then past due plus any late or other charges then due, reasonable attorneys fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE.SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately five (5) months from the date of this Notice.A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. 13-00824-1 a HOW TO CONTACT THE LENDERISERVICER: Name of Lender/Servicer: Specialized Loan Servicing LLC Address: 8742 Lucent Boulevard Suite 300 Highlands Ranch, CO 80129-2386 Phone Number: (800) 306-6062 Contact Person: Loan Servicing Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE --You may not sell or transfer your.home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER,YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE • PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE,BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICESACT, 15 U.S.C. § 1692 et seq. (1977), you may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter,this firm will obtain and provide you with written verification thereof; otherwise,the debt will be assumed to be valid. Likewise, if requested within thirty(30) days of receipt of this letter,this firm will send you the name and address of the original creditor if different from above. 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. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, 13-00824-1 PLEASE SEE THE ATTACHED LIST SENT VIA REGULAR AND CERTIFIED MAIL NUMBER RETURN RECEIPT REQUESTED 70121010000246413860/70121010000246413877 13-00824-1 FEDERMAN&ASSOCIATES,LLC By: Thomas M. Federman,Esq.,ID No. 64068 By: Danielle Boyle-Ebersole,Esq., ID No. 81747 ATTORNEY FOR PLAINTIFF By: Paul J.Fanelli,Esq., ID No. 313157 305 York Road, Suite 300 Jenkintown,PA 19046 (215) 572-5095 THE BANK OF NEW YORK MELLON FKA THE BANK COURT OF COMMON PLEAS OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS INC., CIVIL DIVISION ASSET-BACKED CERTIFICATES, SERIES 2007-10 C/O SPECIALIZED LOAN SERVICING LLC 8742 LUCENT BOULEVARD SUITE 300 NO. HIGHLANDS RANCH, CO 80129-2386 Plaintiff V. Joshua Rinehart CUMBERLAND COUNTY 802 Torway Road Gardners,PA 17324 Defendant(s) VERIFICATION Second Assistant Vice Presi I, Daniel Leon ,hereby states that I am A o e CIALIZED LOAN SERVICING LLC, Servicing Agent for Plaintiff in this matter, that I am authorized to make this Verification on behalf of Plaintiff, and verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. JUL 2 5 2014 Date e: Davie Leon Title: Second Assistant Vice President company: Specialized Loan Servicing LLC 13-00824-1 Ronny R Anderson Sheriff Jody 5 Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY F1LED-OFFICE OF THE PROTHONOTARY 20R OCT 13 A1110: O CUMBERLAND COUNTY PENNSYLVANIA CiFFri;E QF Te„S .$1-rERIFF: The Bank of New York Mellon vs. Joshua Lee Rinehart Case Number 2014-5215 SHERIFF'S RETURN OF SERVICE 09/26/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Joshua Lee Rinehart, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 802 Torway Road, Dickinson Township, Gardners, PA 17324. Residence is vacant and per the Gardners Postmaster the defendant is not known at the address provided. SHERIFF COST: $40.43 SO ANSWERS, October 01, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosort, inc. FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 Paul J. Fanelli, Esq., ID No. 313157 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 THE BANK OF NEW YORK MELLON FICA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2007-10 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff v. NO. 14-5215 JOSHUA RINEHART CUMBERLAND COUNTY Defendant PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above -captioned matter. Dated: /0 72_// Respectfully submitted, FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq. ❑ Danielle Boyle -Ebersole, Esq. LI Paul J. Fanelli, Esq. Attorney for Plaintiff am,411)11. 754.6 biS9 FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 Paul J. Fanelli, Esq., ID No. 313157 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2007-10 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS: CIVIL DIVISION Plaintiff v. NO. 14-5215 JOSHUA RINEHART CUMBERLAND COUNTY Defendant PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above -captioned matter. Dated: Respectfully submitted, FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq. ❑ Danielle Boyle -Ebersole, Esq. ❑ Paul J. Fanelli, Esq. Attorney for Plaintiff cam"+. 1 1 75 � aLm_Lo(mo �3H3YY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY C FFICE, (d' TV. SRERIFF •Ur Cr T.HF Nir,O I1Zu Nu 2R DEC 30 nil 10: 142 MBEZLAND COUN! \i PENNSYLVANIA. The Bank of New York Mellon vs. Joshua Lee Rinehart Case Number 2014-5215 SHERIFF'S RETURN OF SERVICE 12/09/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Joshua Lee Rinehart, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 12/17/2014 The requested Complaint in Mortgage Foreclosure returned by the Sheriff of York County, the within named Defendant Joshua Lee Rinehart, not found. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, December 29, 2014 !^i CountySuife Sherif;: Te!eosoft, :.w RONI4? R ANDERSON, SHERIFF Richard P Keuerleber Sheriff Michael S. Hose Chief Deputy, Operations SHERIFF'S OFFICE OF YORK COUNTY PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration THE BANK OF NEW YORK MELLON FKATHE BANK OF NEW YORK, AS TRUSTEE FOR T vs. JOSHUA LEE RINEHART Case Number 2014-5215 12/10/2014 12/17/2014 SHERIFF'S RETURN OF SERVICE 04:42 PM - DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, ATTEMPTED SERVICE TO THE DEFENDANT, TO WIT: JOSHUA LEE RINEHART AT 107 WALL MANOR, DILLSBURG, PA 17019. THE ADDRESS WAS FOUND TO BE VACANT. I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: JOSHUA LEE RINEHART, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) AS "NOT FOUND" AT 107 WALL MANOR, DILLSBURG, PA 17019. POST OFFICE CHECK INDICATES THAT DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. SHERIFF COST: $41.89 December 17, 2014 Affirmed and subscribed to before me this 17TH day of DECEMBER NOTARY 2014 SOARS, RICHARD P KEUERLEBER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila E. Cook, Notary Public City of York, York County L_.. My Commission Explres Feb. 1, 2017 h'EMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES (c) CountySuite Sheriff. Teteosoft, Inc.