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HomeMy WebLinkAbout14-6281 Supreme Cou.r.-t:of Pennsylvania Co uro Comma;'.Pleas For Prothonotary Use Only: Crvxl �ovef et CLTI .BE� A1tiTD . ';' County Docket No: . 6iz: �> ar•� '.z' The information collected on this form is used solely for court administration purposes. This form does not Supplement or replace thefiling and service of leadin s or other papers as required by law or rules of court. Commencement of Action: 0 Complaint ❑Writ of Summons ❑Petition S ❑Transfer from Another Jurisdiction ❑Declaration of Taking E+ Lead Plaintiffs Name: U.S.BANK NATIONAL Lead Defendant's Name: REBECCA J.RHOADES C ASSOCIATION,AS TRUSTEE,FOR RESIDENTIAL ASSET SECURITIES CORPORATION,HOME EQUITY T MORTGAGE ASSET-BACKED PASS-THROUGH j CERTIFICATES, SERIES 2006-EMX6 0 Are money damages requested? Yes No Dollar Amount Requested: ❑ within arbitration limits ❑ � N (Check one) Z outside arbitration limits Is this a Class Action Suit? ❑Yes No Is this an MDJ Appeal? ❑ Yes 0 No _ A Name of Plaintiff/Appellant's Attorney: Kenya Bates,Esq.,Id.No.203664,Phelan Hallinan,LLP ❑ Check here if you have no attorney(are a Self-Represented [Pro Se) Litigant) {^ Nature of the Case: .Place an"X"to the left of the ONE case category that most accurately describes our E g rY Y Y ` PRIMARY 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 ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection: Other ❑Board of Elections ❑Nuisance ❑Dept. of Transportation E ❑Premises Liability ❑ Statutory Appeal: Other -C ❑Product Liability(does not Include mass tort) ❑Employment Dispute: T ❑ Slander/Libel/Defamation Discrimination s. ❑Other: ❑Employment Dispute:Other ❑Zoning Board O ❑Other: xN MASS TORT ❑Other: ❑Asbestos $ ❑Tobacco ❑Toxic Tort-DES - ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration ❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure: Commercial ❑ Quo Warranto C]Dental ❑Partition ❑Replevin ❑Legal ❑ Quiet Title ❑ Other: ❑Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/0112011 OCT 10: 19 L7 fy PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Kenya Bates, Esq., Id. No.203664 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 kenya.bates@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESIDENTIAL ASSET SECURITIES CIVIL DIVISION CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS-THROUGH NO.: CERTIFICATES, SERIES 2006-EMX6 C/O WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, VS. REBECCA J. RHOADES 113 PETERSBURG ROAD CARLISLE, PA 17013-3131 Defendant. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE And now comes U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-EMX6, by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 062-PA-V5 1. The Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-EMX6, C/O WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant is, REBECCA J. RHOADES, with a last known address of 113 PETERSBURG ROAD, CARLISLE, PA 17013-3131. 3. In order to protect the borrower's privacy, certain personal information of the borrower (such as loan account, Social Security numbers and birth dates), may have been partially or completely redacted on the exhibits to this Complaint. 4. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-EMX6, directly or through an agent, has possession of the Promissory Note. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, .FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-EMX6 is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof. 5. On or about February 28, 2006, REBECCA J. RHOADES made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC. a Mortgage in the original principal amount of$159,920.00 on the premises described in the legal description marked Exhibit "B", attached hereto and made a part hereof. Said Mortgage being recorded in the Office, of the Recorder of CUMBERLAND County on April 5, 2006, in Book 1945, Page 4425. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation,to attach documents to pleadings if those documents are of public record. 062-PA-VS 6. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded March 16, 2012, the mortgage was assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RASC 2006-EMX6 which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201207706. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 7. REBECCA J. RHOADES is the record and real owner of the aforesaid r•- mortgaged premises. 8. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the installments of principal and interest due April 1, 2014. 9. As of 10/20/2014 the amount due and owing Plaintiff on the mortgage is as follows: Principal $ 156,023.51 Interest From 03/01/2014 to 10/20/2014 $ 7,583.87 Late Charges $ 366.96 Escrow Advance $ 882.61 Property Inspections $ 0.00 Property Preservation $ 0.00 BPO/Appraisal $ 0.00 Escrow Balance $ 0.00 Corporate Advance Credit $ 0.00 Total $ 164,856.95 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 Plaintiff s 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. 062-PA-VS 10. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $ 164,856.95 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. l By: Date: 0 7 � enya ates, Esq., Id. No.203664 Attorney for Plaintiff 062-PA-VS Exhibit "A" ADJUSTABLE RATE NOTE (LIBOR Six-Month Index(As Published In The Wall Street Journal)-Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. February 28, 2006 Boiling Springs Pennsylvania [Date] ICityl [State) 113 PETERSBURG ROAD , CARLISLE, PA 17013 (Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received,I promise to pay U.S.$ 159,920.00 (this amount is called "Principal"),plus interest,to the order of Lender.Lender is MORTGAGE LENDERS NETWORK USA, INC. I will make all payments under this Note in the form of cash,check or money order. I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this[Vote is called the"Note Holder." 2. INTEREST Interest will be charged on unpaid Principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.6500 %.The interest rate I will pay may change in accordance with Section 4 of this Note. 'Rte interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B)of this Note. 3. PAYMENTS (A)Time and Place of Payments I will pay Principal and interest by making a payment every month. I will make my monthly payments on the first day of each month beginning on Apr! 1 1 , 2006 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note.Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal.If,on March 1 , 2036 ,I still owe amounts under this Note,I will.pay those amounts in full on that date,which is called the"Maturity Date." 1 will inake my monthly payments at 10 RESEARCH PARKWAY, WALLINGFORD, CT 06492 or at a different place if required by the Note Holder. (B)Amount or My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S.$ 1 ,134.66 .This amount may change. (C)Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid Principal of my loan and in the interest rate that I must pay.The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. MULTISTATE ADJUSTABLE RATE NOTE-LIBOR SIX-MONTH INDEX(AS PUBLISHED IN THE WALL STREET JOURNAL)- Single Family-Fannie Mae UNIFORM INSTRUMENT (0-838N(0oo5).ot Form 3520 1101 ® 1111111!1!I 1111i11111111111 III!IIII VMP MORTGAGE FORMS•(800)521.7291 Papo 1 OI 4 InNlals: !% I 4. TEREST RATE AND MONTHLY PAYMENT CHANGES (A) ,change Dates The interest rate I will pay may change on the first day of March 1 , 2008 ,and on that day every 6th month thereafter.Each date on which my interest rate could change is called a"Change Date." (B)The Index Beginning with the first Change Date,my interest rate will be based on an Index.The"Index" is the average of interbank offered rates for six month U.S.dollar-denominated deposits in the London market("LIBOR"),as published in The Wall Street Journal, The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the"Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C)Calculation of Changes Before each Change Date,the Note Holder will calculate my new interest rate by adding Five and Forty-Five Hundredths percentage points( 5.45000 %)to the Current Index.The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point(0.125%). Subject to the limits stated in Section 4(I))below,this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid Principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially 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 Date will not be greater than 10.6500 % or less than 7.6500 %.Thereafter,my interest rate will never be increased or decreased on any single Change Date by more than One percentage point(s)( 1 .0000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 13.6500 %. ; My interest rate will never be less than 7.65% (E)Effective Date of Changes My new interest rate will become effective on each Change Date. 1 will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F)Notice of Changes 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 to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due.A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. I may.make a full Prepayment or partial Prepayments without paying any Prepayment charge.The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the°accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. • Except as set forth in the attached Prepayment Penalty Addendum. 6. LOAN CHARGES If a 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 collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me.If a refund reduces Principal,the reduction will be treated as a partial Prepayment. Form 3520 -®83eN t000st.oi Page 2 of 4 WIN 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Isate Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Ten calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 10.0000' %of my overdue payment of principal and interest.I will pay this late charge promptly but only once on each late payment. (B)Default If I 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 that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D)No Waiver By Note Bolder 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 or 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. 8. GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to me under this Note 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. Unless the Note Holder requires a different method,any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE 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.WAIVERS I and airy 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 Ifolder 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.UNIFORM SECURED NOTE This,Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note,a Mortgage,Deed of Trust, or Security Decd(the "Security Instrument"),dated the same date as this Note,protects the Note Holder from possible losses that might result if I do not keep the promises that 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 read as follows: Form 3520 1101 -838N(000s).ot Page 3 of 4 ® fNtials: L- — — - Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited,to, those beneficial interests transferred in a bond for deed,contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. 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 if such exercise is prohibited by Applicable Law.Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in thisSecurity Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not 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)Or THE 13NDERSIGNED. (Seal) - (Seal) REBECCA J RHOADES -Borrower -Borrower (Sea]) (Sea]) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower ]Sign Original Only] =-838N(0005).01 Page a of a Form 3520 1/01 i PAY TO THE ORDER OF: SAL �Q�M WITHOUT RECOURSE By.MORTGAGE LENDERS WORK USA,INC. CLO ER r PREPAMENT PENALTY NOTE AD NDUM For a valuable consideration,receipt of which is hereby acknowledged the undersigned agree that certain Promissory Note of even date to which this Addendum is attached, shall be subject to the following provisions, notwithstanding any provisions to the contrary contained in said promissory note or the Deed of Trust, Mortgage, Real Estate Mortgage;Security Deed (Security Instrument) securing same. This Addendum is attached to and made a part of that certain Promissory Note given by REBECCA J •RHOADES (Borrower)to MORTGAGE LENDERS NETWORK USA, INC. (Lender), dated February 28, 2006 , which Note is in the principal amount of $ 159,920.00 PREPAYMENT PENALTY After Two 2 full year(s) from-the date hereof,maker may pre-pay, without penalty,the outstanding principal balance. In the event maker prepays in full the outstanding principal balance and accrued interest during the first Two 2 full year t s 1 from the date hereof, maker shall pay in addition to such prepayment a penalty in an amount equal to a percentage of the principal portion of the amount so pre-paid to accordance with the following: If paid during the first year from the date hereof, Five percent ( 5.0000 X1 of the portion of such prepayment equal to the principal amount so prepaid. If paid during the second year from the date hereof, Five percent ( 5.0000 %) of the portion of such prepayment equal to the principal amount so prepaid. Holder shall apply any prepayment first to reduce any interest and charges owing at the time of such prepayment and then to reduce the amount of principal owed under this Note,provided that such balance shall be applied to the principal in reverse order of the due date of each payment and shall not otherwise affect or delay the due date of the next payment under the Note /&-, 2/28/2006 2/28/2006 Borrower Date Borrower Date REBECCA J RHOADES 2/28/2006 2/28/2006 Borrower Date Borrower Date prepypn 412!97 rev 7m iom i ALLONGE TO NOTE Date of Allonge: 6/19/2006 Loan #: 1010047634 Note Date: 2/28/2006 Loan Amount: $159,920.00 Property Address: 113 PETERSBURG ROAD CARLfSLE, PA 17013 In favor of: Mortgage Lenders Network, USA, Inc. =�� And Executed by: REBECCA RHOADES PAY ROF JP MORGARBAN URSE AUSWC'Res' nd�g rporation Pay to the order of lREgtDEMIAt FlN�DING CORPORATION Without recourse: BY i MW F ewer, V By: :f } Name: Michele MoralesPAYTo TTs�s ER OF U.S. Bank National o ;atirn as Trustee Manager of Sales and WITHOUT F,::{, Acquisitions Reside, iia; Emax Financial Group, LLC r 8y ' Ju Faber,Vice� Exhibit "B" r LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township., Cumberland County, Pennsylvania, bounded and described in accordance with draft survey for Jeffrey A. Rhoads prepared by Thomas A. Neff, Registered Surveyor, dated October 3, 1980, copy of which is attached hereto and incorporated herein by reference as follows: BEGINNING at a point on the eastern line of L. R. 21065 known as Petersburg Road at the dividing line between Lots Nos. 16 and 17 of Block D as shown on the Plan of Lots laid out by Carlisle Farm Syndicate known as Bonny Heights,recorded in the hereinafter named Recorders Office in Plan Book 2, Page 51, which point at the Place of Beginning is 25 feet from the centerline of said Petersburg Road; thence from said point at the Place of Beginning along the eastern line of said Petersburg Road parallel to the centerline thereof 25 feet eastward therefrom, North 01 degrees East a distance of 102 feet to a point at the dividing line between Lots Nos. 14 and 15 of Block D as shown on said Plan; thence along said dividing line between said Lots Nos. 14 and 15, South 88 degrees 44 minutes 36 seconds East a distance of 398.47 feet to an iron pin in line of land now or formerly of Bruce W. Baldwin; thence along line of said land now or formerly of Bruce W. Baldwin, South 05 degrees 56 minutes 11 seconds West a distance of 102.34 feet to an iron pin in the dividing line between said Lots Nos. 16 and 17 of Block D; thence along said dividing line between said Lots Nos. 16 and 17 of Block D, North 88 degrees 44 minutes 36 seconds West a distance of 389.66 feet to a point on the eastern line of said Petersburg Road at the Place of BEGINNING. THE ABOVE described tract of land is all of Lots Nos. 15 and 16 Block D as shown on Plan of Lots laid out by the Carlisle Farms Syndicate, known as Bonny Heights, recorded in the File k 953740 hereinafter named recorders Office in Plan Book 2, Page 51, on which there is erected a dwelling house with mailing address of 113 Petersburg Road, Carlisle, Pennsylvania. Parcel No.40-22-0489-106 PROPERTY ADDRESS: 113 PETERSBURG ROAD, CARLISLE,PA 17013-3131 PARCEL#40-22-0489-106 File k 953740 VERIFICATION Denise Goldston, hereby states that he/&is Authorized signer of Ocwen Loan Servicing, LLC, servicer for the plaintiff and a Vice President Loan Documentation of Wells Fargo Bank, N.A., sub servicer for the plaintiff, mortgage servicing agent for plaintiff in this matter that he@ is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hisIQ information and belief. The Plaintiff is the investor in the mortgage which is the subject of this action and has delegated the daily servicing responsibility to WELLS FARGO BANK, N.A. Plaintiff lacks sufficient knowledge or information to execute this verification. WELLS FARGO BANK, N.A. is in possession and control of all documents and records supporting the statements in the foregoing pleading and, therefore, the undersigned, rather than an officer or employee of plaintiff, is the appropriate individual to make this Verification pursuant to Pa.R.C.P. 1024(c). By. Denise Goldston Its: Authorized Signer, Ocwen Loan Servicing, LLC and Vice President Loan Documentation, Wells Fargo Bank, N.A. Date: 10/21/2014 085-PA-V3 PH# 953740 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File#: 953740 U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE, FOR IN THE COURT PLEAS COMMON RESIDENTIAL ASSET SECURITIES CORPORATION,HOME : OF CUMBERLAND COUNTY, EQUITY MORTGAGE ASSET-BACKED PASS-THROUGH PENNSTLVANIA CERTIFICATES, SERIES 2006-EMX6 Plaintiff(s) { /� 1 LL �^ „!O I REBECCA J. RHOADES VS. Defendants) �-r7 (f/(/� Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative,you must promptly meet with the legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative.However,you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: ZA7 -71 Date ; Signatu of Counsel for Plaintiffs Cumberland County Residential Mortgage Foreclosure Diversion Program Date Financial Worksheet Cumberland County Court of Common Please Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOM ER/13111 MA 11Y APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Email: Cell: Other: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Email: Cell: Other: #of people in household: How long? FINANCIAL INIT011MATION First Mortgage.Lender: Type of Loan: Loan Number: Date you Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes,provide names, location of court, case number& attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles) Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1• monthly amount: 2• monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2° Mortga e Utilities Car Payments) Condo/Neigh .Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child SuppordAlim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes,please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company(Name): Contact: Phone: I/We, named authorize to use/refer this information to my lender servicer forbthee sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4• Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement(if property is currently on the market) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 1 ' .f LED - OFF ! CE i cu n,,, Li €YHE PROTHONOTARY 2014 NOV -3 PM 3: 55 MP PENNS Y�LVA COAST Y or ICE OF THE SHE Us Bank National Association vs. Rebecca J Rhoades Case Number 2014-6281 SHERIFF'S RETURN OF SERVICE 10/29/2014 08:27 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Rebecca J Rhoades at 113 Petersburg Road, South Middleton, Carlisle, PA 17013. -/7 J ON KINSLER, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, October 30, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuito Sheriff, Teieosoft, Inc.