HomeMy WebLinkAbout02-1672Spear & Hoffman, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
Attorney I.D. No. 80057
1020 North Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560, Attorney for Plaintiff, Loan No.: 5924192023
WASHINGTON MUTUAL HOME LOANS
INC.
F/K/A PNC MORTGAGE, ATTORNEY IN
FACT
FOR PNC BANK, NA
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
PLAINTIFF,
VS.
DIANA L. OLSON
218 WEST SIMPSON STREET
MECHANICSBURG, PA 17055
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKETNO. 02- /~7~
COMPLAINT - CIVIL ACTION
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las
paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la
notificacion. Hate faita asentar una comparencia escrita o en persona o con un abogado y entregar a la
cone en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea
avisado que si usted no se defiende, la torte tomara medidas y puede continuar la demanda en contra
suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandato y requiere
que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus
propiedades o otros dereches importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI
NO TIENE EL D/NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O
LLAME POR TELEFONO A LA OFIC/NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
Spear & Hoffman, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
Attorney I.D. No. 80057
1020 North Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560, Attorney for Plaintiff, Loan No.: 5924192023
WASHINGTON MUTUAL HOME LOANS
1NC.
F/K/A PNC MORTGAGE, ATTORNEY IN
FACT
FOR PNC BANK, NA
9451 CORBIN AVE.
NORTHRIDGE, CA 91324
PLAINTIFF,
VS.
DIANA L. OLSON
218 WEST SIMPSON STREET
MECHANICSBURG, PA 17055
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is WASHINGTON MUTUAL HOME LOANS INC.
F/K/A PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, NA, with its principal place of
business located at 9451 CORBIN AVE., NORTHRIDGE, CA 91324.
2. The names and last known addresses of the Defendants are: DIANA L. OLSON, 218
WEST SIMPSON STREET, MECHANICSBURG, PA 17055.
3. The interest of each individual Defendant is as mortgagor, real owner of the real property
subject to the mortgage described below, or both.
4. On or about MARCH 7, 1997, Mortgagors made, executed and delivered a Mortgage
upon the premises hereinafter described to
PNC MORTGAGE CORPORATION OF AMERICA, which Mortgage is recorded as follows:
Office of the Recorder of Deeds in and for CUMBERLAND COUNTY
DATE OF MORTGAGE: MARCH 7, 1997
DATE RECORDED: MARCH 10, 1997
BOOK: 1368 PAGE: 1080
The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g).
A tree and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by
reference.
5. On or about MARCH 7, 1997, in consideration of their indebtedness to
PNC MORTGAGE CORPORATION OF AMERICA, DIANA L. OLSON made, executed and delivered
to PNC MORTGAGE CORPORATION OF AMERICA their promissory Note in the original principal
amount of $38,500.00. A copy of said Note is attached hereto as Exhibit "B" and incorporated herein by
reference. The Note is referenced herein only insofar as the terms of the Note are incorporated into the
Mortgage.
6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original
Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the
Mortgage by virtue of the following assignments:
ASSIGNOR: N/A
ASSIGNEE: N/A
DATE OF ASSIGNMENT: N/A
RECORDING DATE: N/A
BOOK: N/A PAGE: N/A
7. The Mortgage is secured by property located at 218 WEST SIMPSON STREET
MECHANICSBURG, PA 17055, which is more particularly described in the legal description attached
hereto as Exhibit "C" and incorporated herein by reference.
8. The Mortgage is in default because the monthly installments of principal and interest and
other charges stated below, all as authorized by the Mortgage, due OCTOBER 1, 2001 and monthly
thereafter are due and have not been paid, whereby the whole balance of principal and all interest due
thereon have become immediately due and payable forthwith together with late charges, escrow deficit
(if any), and costs of collection including title search fees and reasonable attorney's fees.
The following amounts are due on the Mortgage:
Principal Balance
6.875% interest from SEPTEMBER 1, 2001 to
APRIL 1, 2002 at $5.78 per day
Accrued Late Charges
Escrow Advances made by Plaintiff
Other Fees
Attorney's Fees
TOTAL AMOUNT DUE
$30,684.81
$1,231.14
$85.85
$685.74
$38.30
$2~479.50
$35,205.34
Interest continues to accrue at the per diem rate of $5.78 for every day after APRIL 1, 2002 that
the debt remains unpaid.
10. During the course of this litigation costs may continue to accrue, including but not limited
to escrow advances, late charges, attorney's fees, etc.
11. The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the
Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged.
12. Pursuant to the notice provisions of Act 91, 35 P.S. § 1680.403(c), and the notice
provisions of Act 6, 41 P.S. §403, as governed by 12 Pa. Code Section 31.201 et seq. as amended by Act
160 of 1998 effective February 19, 1999, Plaintiff sent the combined Notice of Intention to Foreclose
Mortgage and Act 91 notice to Defendants, dated JANUARY 12, 2002. Defendants have failed to cure
the default and Defendants have failed to meet with the plaintiff or any of the consumer credit counseling
agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice
and/or have been denied assistance from the Pennsylvania Housing Finance Agency.
14. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "D".
WHEREFORE, Plaintiff respectfully requests this Court to enter judgment 1N REM in favor of Plaintiff
and against the within named property of the Defendants in the amount set forth in paragraph 9, together
with interest accruing after APRIL 1, 2002 to the date of Judgment, plus 6% legal rate of interest from
date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money
hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for
insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph
10, pursuant to the rights and privileges granted under the terms of the subject mortgage, and for
foreclosure and sale of the Mortgaged property.
DATE:
SPEAR & HOFFMAN, P.A.
TH~7 J.~i~ORI~BECK, ESQUIRE
~ tt ·
VERIFICATION
I, THOMAS J. HORNBECK, verify that I am the attorney for the plaintiff in this action
and that the foregoing Complaint in Mortgage Foreclosure is tree and correct to the best of my
knowledge, information and belief. I make this verification in lieu of WASHINGTON MUTUAL
HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC
BANK, N.A. Plaintiff who is outside the jurisdiction of the court and its verification could not be
obtained within the time allowed for filing this pleading. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification
to authorities.
DATE:
Exhibit
q 30127722.
:E]~FE,~NLm RETURN TO
~NC ~,iRT,$AGE CDRP ,DF ~ME~I:A HOq~
~OJO )XFORO DRIVE ~-A' ~
THIRG ~LJOR
9ETHEL DARK PA 15102 ~
I'arcel NHmb~r: 20-23-0567-120
*aRutE, ,~ MCDONOUGH
~ETHEL PARK PA !5102
: : :!: 2:- F. EEDS
'97 FI,ti .i. 8 Pi'] 1 %
5Pt) (;
[Space Above This Line For Recording Data]
MORTGAGE LENDER'S
IEIIS MORTGAGE ("Security Instrument") is given on
:=~q~ ~ 'L,S)I SEPARATED
MARCH 7 1997
(" ~, rr ~CF"). ~hh; S~curitj Instrument is given to PNC NIOR=SAGE CORP. OF AMERICA
x~ hich is organized and existing u0.der the laws of THE STATE OF 0HI0 . and v, hose
address is 75 NORTH ¢AIR~AY DRIVE VERNON HILLS ILLINOIS 6006!
("Lender") Borrower owes Lender thc principal ~;,m ,ff
~-~;-, E~T TN{ SAND :~VE HUNDRED DDLLARS ~ND ZERO CENTS .................................................
] ),41uts (~ ~ $ 39 593.00 .......... ) This d~br is evM=nc~d By Borrower's Do~e dated th~ sam~ da~ .H th{s ~curi
h~s:rmn~n~ ("~ot~"). M~ich pro~ {d~s for monthly Daymenm. with rh~ ~uH d~bL {f not paid ~ar}i~r. d~ :md pa~ :~Fl~ , m
'~rH ' %! 2 This 8<curity Instrument secures to Lender: (a) rl~e rupa)mcnr of thr dvbt
ct M~nczd b~ the Nora. with interest, and all renewals, extensions and modifications of the N'orr: (b) rhu pa~ mvnt ,~f all
,~rhrr sums. with interest, advanced under paragraph 7 to protect thc security of this Security Instrumvnt: and
purp~sc. Borrmxer does h~reby reD,gage, grant and conxe3 to L~nder the following described pr,pert) lucarvd
tx hich )las thu address of 218 ViES ' SIMPSON STREET ~IECHANiCSBURG
P~nns) I~ ania 17055-5320 ("Property .Address");
1~),ff6RIPA) *.m' ~d 5191
1366 reel080
TOGETHER WITH all me improvements now or hereafter erected on the property, and all easements.
appurtenances, and fixtnres now .r hereafter a part of the property. All replacements and additions shall also be covered
by this Secorit5 Instrument. All (ff 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
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject t~ an3
encumbrances of record.
FItIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform c~venants with
limited variations b5 jurisdictiorrto constitute a uniform security instrument covering real property. [_ NIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principaland Interest; Prepayment and Late Charges. Borrower shall promptt3 pa3 x~lten due
the principal of and interest on the debt evidenced by the Note and any prepayment and late charges doe nnder the
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender. Borr~wer
pa3 to Lender on the day monthly payments are due under the Note. until the Xote is paid in full, a sum ("Ftmds") for:
(al yearly taxes and assessments which may attain priority over this Security Instrument as a lien t~n the Pmpert3; (b)
yearl3 leasehold payments or groond rents on the Property, if any; (c) yearl5 hazard or property iusurance premioms;
(d) 3earl3 fh3od insurance premiums, if any; (el yearly mortgage insurance premiums, if any; and (fl any sums payable
by Bt~rrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of m~rtgage insurance
preminms. These items are called "Escrow Items." Lender may, at any time, collect and hold Fnnds in an amrmnt
account under the federal Real F. state Settlement Procedures Act of 1974 as amended from time to time, 12 L S.( '.
Section 2d01 et seq. ("RESPA"), tndess auuther law that applie~ to th* }*ullds sets a less<f arl/t~ulat. Ir ~,,. l_¢,,d=,
at any time. collect and hold Fuuds in an amount not to exceed the lesser amoont. Lender may estimate the am{rant
Ftlllds title oo the basis of current data and reasonable estimates of expenditures of future Escrow Items or other~x ise il/
accordance ~ ith applicable law,
I he t:unds shall b= held in an institution whose d=posits are insured h} a federal agency, instrumentality, t~r entity
(including Lender. if Lender is such an institution) or in any Federal Home Loan Bank. Lender shah apply the Funds to
pa! the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the
escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable la~
permits Lender to make soch a charge. However, Lender may require Borrower to pay a one-time charge for an
independent real esta~ce tax reporting service osed by Lender in connection with this loan, unless applicable law pr~>x ides
otherxxise L'nless an agreement :s 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 L~nder may agree in writing, hoaexer, that interest
shall be paid tm the Funds. Lender shall give to Borrower, without charge, an annual acconnting of the Funds, shmxing
credits and debits ro the Funds and the porpose for which each debit ro the Funds was made. The Funds :~re pledged as
additional secnrit5 for all sums secured by this Security Instrument.
If thc Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall acc{mm
Bt~rr(mer for the excess Funds m accordance with the reqoirements of applicable law. If the amount of the Funds held
b~ I.eHder at an5 time is not sufficient to pay the Escrow Items when due, Lender may so notif3 Borro~er in ~x citing,
and, in such case Borrower shall pay to Lender thc amount necessary to make up the deficient3, Borr~mer shall make
t~p the deficiency in no more that: twelve monthly payments, at Lender's sole discretion.
Lpm~ pa3ment in full of all sums secured by this Securit3 Instrument, Lender shall promptly refund to B~rro~er
an.~ Funds held by Lender. If, under paragraph 21, Lender shall acquire or s~ll the Property, Lender. prit~r to the
acquisiti~m or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit
agaiust the sums secored by this Security Instrument.
3. Application of Payments. Unless applicable law prox'ides otherwise, all payments received by Lmxder under
paragraphs 1 and 2 shall be apphed: first, to any prepayment charges doe under the Note: second, to amounts payable
under paragraph 2; third, to interest due: fourth, to principal due: and last, to any late charges due under thc Note.
4. Charges; Liens. Borroaer shall pay all taxes, assessments, charges, fines and impositions attribtnable to the
Pmpert3 ~xhich may attain priority over this Secorit3 lnstroment, and leasehold payments or grnund rents, if an3.
Borr~mer shall pay these obligations in the manner provided in paragraph 2. or if not paid in that manner, B{~rrt}wer
shah pa5 them on time directly Io the person owed pasment Borrower shall promptl5 furnish to Lender all notices
amounts to be paid under this paragraph. If Borrower makes these pa3 ments directly, Borrower shall pet>raptly furnish
to l.ender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (al
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in
good faith thc lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion
operate m prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to
l,.nder subordinating the lien to this Secority lnstroment. If Lender determines that any part of the Property is subject
to a lien which may attain priority over this Security Instrument.'Lender may give Borrower a notice identifying the
lien, Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the six ins ~,f
5.. Hazard or Property Insurance. Borrower shall keep the improvements now existing nr hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage" and any other ha/.ards~
inchlding floods or flooding, for which Lender requires mmlranc¢ Thls insurance shall be maintained in the amounts
and for the periods that Lender requires. The insurance cartier peru)ding the insurance shall be chosen bt' Borrm~er
subject to Lender's approval which shall not be unreasonably withheld If Borrower fails to maintain coverage described
above. Lender may, at Lender's option, obtain coverage to protect Leader's rights in the Property in accordance ~Gth
paragraph 7.
All insurance policies and renewals shall he acceptable to Lender and shah iuclude a standard mortgage c!:mse.
Lender shall have the right to-hold the policies and renewals. If Lender requires, Borrower shah promptl3 gi'~e to
l,ender all receipts of paid premiums and renewal notices. In the event of loss. Borrower shall give prompt notice t~) the
insuranse carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.
Unlsss Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair
of thc Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the
restoration or repair is not economically feasible or Lender's security would be [essened, the insorance proceeds shah be
applied m the sums secured by this Secority Instalment. whether or not then due. with an3 excess paid to Borrower If
Bomm~r abandons the Property or does not answer ~xithin 30 days a notice from Lender that the insurance carrier has
offered n~ settle a claim, then Lender may collect the insurance proceeds, Lender may use the proceeds m repair or
restore the Property or to pa!' sums secured b> this gecurit> Instromem ~x hether or not then due The 30-da5 period ~x ill
begin tx hen the notice is given.
k nless hender and Borrower otherwise agree in writing, any appticatinn of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs I and 2 or change thc amount of the pa3 rnents.
If under paragraph 21 th= Propert> is acquired by L=odcr, Borru~ter's righ~ to au3 insurance policies and pr.ceeds
resulting from damage to th~ Property prior to the acquisition shall pass to Lender to thc extent of the sums secured by
this Security Instrument immediately prior to the acquisition.
6. Occupancy. Preservation, Maintenance and Protection of the Property: Borrower*s Loan Application:
heaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixt> days
after thc execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal
residence for at least one year after the date of occnpanc5, unless Lender otherv, ise agrees in writing, which clmsent shall
nt~t be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. B~rrower
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 forte)tore action or proceeding, whether cRSl or criminal, is begun that itt Lender's
g(u)d faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created b3 thik
Securit.'. [nstrument or Lender's security interest. Borrower may cure such a default and reinstate, :ts pin',ideal ill
paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's go{~d faith
determination, precludss forfeiture of the Borrower's interest m the Property or other material impairment of the lien
created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower. during
the loan application process, ga,'e materially false or inaccurate information or statements to Lender {or i'ailed m
provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not
limited to. representations concerning Borrower's occupancy of the Property as a principal residence. If tilts Security.
Instrument is ~m a leasehold. Borrower shall comply with all the provtslons of thc lease. If Borrower acquires fee titl~ to
thc [)r.pert5 . the leasehold and tie fee title shah not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Proper%. If Borrm~er fails to perform the covenants and agreements
contained m this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the
Property {such as a proceeding in bankruptcy, probate, ~or condemnation or forfeiture or to enforce [;ms or
regulations), then Lender may do and pay for whatever is necessary to protect the value of the Properr.~ and Lender's
rie, hts in the Property. Lender's actions may include paying any sums secured by a lien ~hich has prioriU met this
Securit5 instrument, appearing in court, paying reasonable attorneys' fees and entering on thc 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 additions[ debt of Borrower secured b5 this
Sccurit3 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 pa3able, with interest, upon notice from Lender to Borrower
requesting payment.
8. Mortgage Insurance. [f Lender required mortgage insurance as a cnndition of making the loan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If. f~r an3
reason, the mortgage insurance coverage required by Lender lapses ur ceases to be in effect. Borrower shall pa3 the
premiums required to obtain coverage substantially equivalent to the mortgage insurance previousl3 in effect, at :~ cost
substantial[5 equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate
mortgage insurer approved by Lender. If substantially equivalent mortgage insnrance coverage is not atailable.
Bt)retract shall pay to Lender each month a sum equal to one-twdfth of the yearly mortgage insurance premium being
paid b3 Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept', use and retain these
pa}.ments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,
Form
at the option of Lender, if mortgage insurance coverage (in the amoont and for the period that Lender requires)
provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premium~
required to maintain mortgage msnrance in ef[¢ct, or to provide a loss reserve, until the requirement for mortgage
insurance ends in accordance with any written agreement b~tween Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. tender shall
gi xe Borrower notice at the time 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 consequentiah in connecnt,n xGth
all3 condemnation or other taking of any part of the Propert3, or for conve3ance in lien of condemnation, are hereby
assigned and shall be paid to LeliYler.
In the event of a total taking of the Property, the proceeds shall bt applied to the sums secured b3 this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Propertx i~
~x hich the fair market value of the Property immediately before the taking is equal to or greater than the amount of'the
sums secured by this Security instrument immediately before the taking, unless Borrower and Lender otherwise agree
in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds m.ltiplied by
the folhming fraction: (al the total amount of the sums scented immediately before the taking, divided h3 (b) the fair
market ~aluc of the Property immediately before the taking. Any balance shall be paid to B{~rrt)wer. iii the ct'eat ~ff a
partial taking of the Propert5 in ,vhich the fair marker value of the Property immediately before the taking is/ess than
the amount .f tile sums secured immediately before the taking, unless Borrower and Lender other~xise agree iu x~ r~ ri ng
or unless applicable [a~x otherv, ise provides, the proceeds shall bt applied to the sums secured by this
hlstrtlment u hether or not the sums are then due.
If the Pre)pert3 ts abandoned hy Borrm~er. or if. after notice by Lender to Borrower that the c.mlemn(,r ~)ffer'<
make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the da~e the
notice is given, L~nder is authorized to collect and apply the proceeds, at its option, either to restoration or repair tff the
Properu or to the slims secured by this Secnrity Instrument. whether or not then due.
L Bless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such
pa3 ments.
I I. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of thetime for payment or
modification of amortization of the sores secured by this Secority [nstroment granted by Lender to an5 soccessor in
interest ~f Borrower shall not operate to release the liability of the original Borrower or Borrower's successors itl
interest. Lender shall not be reqnired to commence proceedings against any successor in interest or refose to
time for pa}ment or otherwise modify amortization of the sums scented by this Security [nstrnment b5 reason .f an5
demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising
an3 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: Co-signers. The covenants and agreements
.f this Sorority Instrnment shall bind and benefit the successors and assigns tff Lender and Borrower, subject to the
prox isions of paragraph 17 Borrt~wer's covenants and agreements shall be .ioim and several. Any Borrower wht~ co-stgns
this .'%entity Instrument but does not execute the Note: (al is co-signing this Security Instrument onl.~ to mnmgage.
grant and conxey that Borrower's interest in the Property under the terms of this Security Instrument: (bi is nm
personatl.t obligated to pay the sams secured by this Sorority [nstromeot: and (c) agrees that Lender and all5 ~ther
Borrlmer ma5 agree to extend, modify, forbear or make any accommodations tvith regard to the terms of this
instrument or the Note without that Borrower's consent.
13. I..an Charges. If the loan secured by this Security [nstrnment is subject to a law which sets maximum hmo
charges, and that law is finally mterpreted so that the interest or other loan charges collected or to bt c~}llected m
connection aith the lnan exceed the permitted limits, then: (al an5 such loan charge shall be reduced b> the amount
necessar/ n) redoce the charge to the permitted limit; and (bi any sums alread) collected from P,.rm~er ~hici~
exceedetJ permitted limits will be refunded to Borrower. Lender may choose to make this refund by redncing the
principal o~ed under the Note or by making a direct payment to Borrower. If a refund redoces principal, the reduclion
xx ili bt treated as a partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Securit3 Instrument shall be given by delix =ring it (,r b
mailing it b3 first class mail unless applicable law requires use of another method. Fhe notice shall be directed r. the
Propert3 Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be git enb3
first class mail to Lender's address stated herein or any other address Lender designates by notice ti) Burrower An5
notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when git en
as prox ided in this paragraph.
15. C-ox erning Law: Severability. This Security Instrument shall be governed by federal law and tile la~ of the
lurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts with applicable law. such conflict shall not affect other provisions of this Sorority Instrument or the N~te
which can be given effect without the conflicting provision. To this end the provisions of this Sorority lnstrurnenl and
tile Note are declared to be severable.
,00,1368
16. Borrower's Copy. Bor-ower shall be gJven one conformed copy of the Note and of this Security Instrument
17, Transfer of the Property or a Beneficial Interest in Borrower, If all Of' itl~y ~l't (~[ the'~ri~[st:r~5 (ti'
interest in it [s sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Button, er is m~t a
natural person) without Lender's prior written consent. Lender may, at its option, require im mediate pa~ ment m full of
all sums secured by this Security Instrument. However, this option shall not be exercised b> Lender if e×ercisz ~s
prohibited by federal law as of the date of this Security Instrument.
[f Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall prox idza period
of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured
by this Security £nstrument. If B~rrower fails to pay th~se sums prior to the expiration of this period, Lender ma3 in~
an3 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
enforcement of this Security Instrument discontintled at any time prior to the earlier of: (a) 5 days (or such .thee periled
as applicable law may specify for reinstatement) before sale of the Propert3 pursuant to any power of sale contained in
this Sect~rit3 Instrument; or (b) entry of a judgment enforcing this Security Instrument. Tho~e condititms art that
Borrower: (a) pays Lender all sums which then would be doe under this Secnrity Instrument and the x..te a~ if m~
acceleration had occurred: (b) cures any default of an3 other cotenants or agreements; (c) pass all expenses incurred m
enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes s.ch actinn :ts
Lender ma3 reasonably require to amure that the lien ,of this Sccorit3 Instrument, Lender's rights in the ['r~pert3 and
Borrower's obligation to pay the snms secured by this Secnrity lnstrnment shall ctmtinue unchanged. L pon reinstatement
b.x Buttoner, this Security Instrument and the obligations secured hereby shall remain fully effective as if n. accelrramm
had occurred. However. this righl to reinstate shall not appt3 in the case of ac~.eleration trader paragraph I ?
lO. Sale of Note: Change of Loan Servicer. The Note or a partial interest in the Note (together with this Securit3
lns~rumem) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the emit5
(kno~x n as the "Loan Servicer") that collects monthl3 payments due under the Note and this Security Instr~ment. [here
als. ma3 bt one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of thc ]
Sort ieee, Borrower will be given [~ritten notice of the change in actor_dance with paragraph 14 aboxe attd applicable laxx.
]'he notice will state the name and address of the new Loan Servicer and the address to which payments ~hould be made.
['he notice will also contain any other information required b3 applicable law
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release
an3 I lazardons Substances on or in the Prope~y. Borrower shah not do, nor allow anyone else to do, ansthing affecting
the Property that is in violation of any Environmental Law. The preceding two sentences shall not appl.~ n~ the prosobee,
.se, or storage on the Propert> of small quantities of Hazardous Substances that are generally recognized ti) be
appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or t~ther actitm b3
an3 governmental or regulator3 agency or private party involving the Property and any Hazardous Substance -r
Eh' ironmental La~ of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental ~r
reg.lat~r) authority, that an3 removal or other remediatlon ~)f an3 Hazardous Substanc~ affecting the Pr.pert) iq
necessar). B.rrtm er shall promptly take all necessary remedial actions il/accordance ~xith Environmental [.a~
ks used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic .r hazard.,s stlbsnlllCes
b3 Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic pctr{dettm prl~ducts,
toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehsde, and radioactive
materials. As used in this paragraph 20. "Environmental Lan" means federal laws and laws of the jurisdicmm ~ here
Property is located that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration: Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrmver's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration
under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among .thee
things: (a} the default; (b) the action required to cure the default; (c) when the default must be cured: and (d)
that failure to cure the default as specified may result in acceleration of the sums secured by this Security
Instrument. foreclosure by judicial proceeding and sale of the Property. Lender shall further inform
Borrower {~f the right to reinstate after acceleration and the right to assert in the foreclosure pr.eroding the
mm-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is
not cured as specified. Lender, at its option, ma}' require immediate payment in full of all sums secured
this Security Instrument without further demand and ma5 h)reclose this Security Instrument b5 judicial
proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this
paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted
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 discharge and satisf5 this Securir3
Instrument without charge to Borrower. Borrower shall pay any recordation costs.
23. Waivers. Borrower, to the ex-tent permitted by applicable law, waives and releases any error or defects in
proceedings to enforce this Security Instrument, and hereby waives the bene[it o[ any pre~ent or (umx taws Drmitling
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 pri.r
to the commencement of bidding at a sher ff's sa e or other sa e p rsuant to this Sec ~r tx Instrument.
25. Purchase Money Mortgage. [f an}' of the debt secured by this Security Instrument is lent to Bott(met to
acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
26. Interest Rate After Jtlzlgment. Borrower agrees that the interest rate payable after a j dgment is entered on
the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
27. Riders to this Security Instrument. [f one or more riders are executed by Borrowec and recorded together
with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall
amend and supplement the covenants and agreements of this Security Instrument as f the rider(s) were a part of this
Securit3 Instrument. [Check applicable box(es)]
~ Adjustable Rate Rider ~ Condominium Rider [] 1-4 Family Rider
~ Gradoated Payment Rider [] Planned ['nit Development Rider ~ Bb~eekl.~ Pa}menr Rider
~ Balll)on Rider ~ Rate Improvement Rider ~_ Second Home Rider
i~ \ .A.P. ider ~ Othec(s) [specify]
BI' SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
lnswument and in any rider(s) executed by Borrower and recorded with it.
( Seal
(Seal
(Seal) (Seal)
Cfr tificat~e~,~,~ Residence
I.
address of the within-na-medtMortgagee is 2000 0XFOSD DBIVE rUlFtg FL00~. BETHEL PA~K PA 15102
V~ itl]ess m~ hand this f~4fi} day of
COMMONWEALTH OF PENNSYLVANIA,
On this, the
bark -r d-- Cou.ty
, before me. the undersigned
officer, personally appeared~)l'~./q~. L- ~)~.~Ofq
known to me (or satisfactorily proven)
the person whose name I~ subscribed to the within inswument and acknowledged that ~
executed the same for the purposes herein contained.
~- SRiP A) i~a~ol
Exhibit "B "
~HL~C LN#:
' '4ARCH 7 1997 SAHP H[LL
[Date] [City]
:~B ~EST 3[MPSON STREET MECHAN[CSBURG PENNS'¢LVANZA 7955-8320
[Pr,,p~rty Address]
I. BORROWER'S PROMISE TO PAY
~n r~mrn for a loan ~hat I hav~ received, 1 promise m pay U.S. $38 500 ~0
"principal"). plus inter~st, to th~ o:'d~r of th~ ~ndcr, Th~ L~ndcr is P~IS ~CR'GASE
· [ undcr~tand
that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled
pa5 ments under this Note is called the "Note Holder."
2. INTEREST
interest trill be charged on unpaid principal until the full amount of principaI has been pa~d I ~GII pa) [nrm'¢.;t
~carl~ ratuo~ ................ 8 8750%.
I hz interest rate required by :his Section 2 is the rate [ will pay both before and after an> default described iu
t~(B) ~ff this Note
3. PhYMENTS
(Al I'ime and Place of Payments
[ x~ ill pa3 principal and interest by making payments every month.
[ xx ill make m3 monthly payments on thc ~RST da3 oJ' tach month beginning ~m ~:;:~
. I ~ill make these p'~yments every month until [ have paid all ~f the principal and interes; and
charges described below that [ ma3 owe under this Note. My monthly payments will ~ applied to interest before
Ir..n ~RCH 2 20~ 2 , I still owe amounts under this Note. 1 will pa} those amounts
qiat date. xx hich is called the "Maturity Date."
]~xiltmakcm3 mon~hly payments at 75 NORTH F~a~ ~S~VE VE~S0~ NILLS ILk:N01S ~0061
or at a different place if reqoired h.x the X.,,te l hfldcr
(B} ~.m~mnt ~ff Monthly Pt yments
',13 monthl3 pa.~ mcnt ~,11 be n thc amount of U.S. $ 3~3 36 ................ .
4 Bt)RROWER'S RIGIIT TO PREPAY
i ha', ~ the right to make payments of principal at any time before they are due. A pa3 ment uf pti ncipal *mi3 is k~ n, ,* as a
"prcpa~ m=nt" X~ hen I make a prerayment. I will tell the Note Holder in x~ riting that [ am doing
I ma3 mak= a full prepaym=m or partial prepayments xx ithuut pa3mg an3 prepayment charge. The N~rr J hfldm'
:*Il tff m5 prepa5 menrs to reduce the amount of principal that I owe under this Note. If I make a partial prepa3 meet there ~ ill
be no changes in the due date or il the amonnt of my monthly payment unless the Note Holder agrees m x~ tiring
changes.
5. I.OAN CHARGES
If a laxx. which applies to this loan and which sets maximum loan charges, is finally interpreted so d~at thc intrrest
t)th=r h~an charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) an5 su:h Joan
charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (ii) an3 ~ums :dr¢ad3
collected from me which exceeded oermitted limits will be refunded to me. The Note Holder may choose to make *lxis rebind
b3 reducing th~ prtncipal I owe trader ~his Nute or by making a direct pasment to me. If a refund reduces principal th~
rcdut rion ~ ill b~ treated as a partial prepayment.
.. BORROWER'S FAILURE TO PAY AS REQUIRED { ~} Late Charge for Overdue Payments
If rh= Note Holder has not eec rived the full amount of any munthl3 payment by the end of 15 calendar da:,
ritz date ~r is duc. [ ~xtll pay a late charge to the Note Holder· The amount of the charge will ~ .................
m5 overdue payment of principal and interest. I will pay this late charge promptly but only once on each late pa (B} Default
If I do out pay the full amount ~f each monthly payment on the date it is due, I will be in default.
(C} Not~ce of Default
[f I am in de[aolt, the Note Holder may send me a written notice telling me that if I do not pay ~h¢ overdue amount h
curtain date. the Note Holder may 7equire me to pay immediately the fu~l amount of principal which has not been paid and
Form 320 1 3
MULTISTATE FIXED RATE NO~J~- Single Famlv -Fannie Mae/Freddie Mac Uniform Instrument 3201 1~/J3
all tf;c ioterest that [ owe on that amount, rhat date must be at least 30 days after the date on which the notice is delix'~rg0
mailed to me.
(D) No.~¥aiver B_v Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediarel5 in full as d~scribed
above, the Note Holder will still have the right to do so if I am in default at a later ti me. (E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediatel} in full as described aboxe, the Note Holder ~ill hat = thc right
be paid back by me for all of its costs and expenses in enforcing th snore to theextent not prohibited by applicaN~ la~ I'h~se
expe lses include, for example, rea~"~nable attorneys' fees
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me onder this Note tv itl be given by
deli vering it or by mailing it by first class mail to me at the Property Address above or at a different address if I gi ye the Note
I {older a notice of m3 different address. '
~ny notice that must be given to the Note Holder under this Note will be given by mailing it b> first class mail to the
~teH~derattheaddressstatedinSecti~n3(A)ab~ve~ratadi~erentaddressifIamgivenan~tice~f~tatd ffere taddres~.
Il. OBI. IG.[TIONS OF PERSONS UNDER THIS NOTE
If rm~re than one person s~gns this Note. each person is ftfll~ and personally obligated to ke~p all of the promises made in
this Note. inclnding the promise to pay the full amonnt owed. -~n3 person wh i is a guarantor, surer5 or endt)rser, [ this
is ala, obligated to do these tilings. An3 person ~ho takes oxer these obligations, inctnding thc *~bligati~ms ~}f a glar:mn)r.
sureB ,~r endorser of th s Note, is also obligated to keep all of the promises made in this Note Fhe Note [ folder ma~ enforce
its rights under this Note against each person individuall3 or aga nst a of s together. This means that an3 ~,ne tff ils ma5 be
required to pa~ all of the amounts owed under this Note.
~}. B AIX.'ER~
[ and any other person who has obligations under this Note waive the rights of presentment and notice tff dish,mot.
} re~ entment means the right to reqtnre the Note Ho der to demand pa3 ment of amounts dte. Nuttce of dishonor" means
tlh0~ right to require the Note Holder to give notice to other persons that amounts due have not been pa d.
UNIFORM SECURED NOTE
Ibis Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protecthms gi~ en to
the Note Holder under this Note. a Mortgage. Deed of Trust or Securit:~, Deed {the "Security lnstrumem"), dated the same
date as this Note, protects the Note Holder from possible losses which' might result if I do not keep the promises tx hich I
make in this Note. That Security Instrument describes how and under what conditions I mat be required to make i m mediate
pa3 ment i n full of all amounts I owe under this Note. Some of those conditions are described as follo~ s:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of thc Propert3 or am
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrmx er is
a natural person) without Lender's prior written consent. Lender ma5: at its opt on. reqnire immediate pa3 m~nt m
full {)f all snms secnred by this Security Instrument. However, this option shall not be exercised b3 l.=nder if
exercise is prohibited by federal law as of the date of this Security lnstrnment.
[f Lender exercises this option, 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 delivered or mailed within which Borrower m use pa3 all
sums secured by this Secur tx' loser ~ment If Borrower fa s t ~ pay these sums prior to the exp rat on of this period.
lmnder may invoke an3 remedies permitted by this Security Instrument without further notice or demand ~m
Borer'mcr.
WITNESS HqE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
~~"~/ (Seal)
SSN:
SSN: SSN:
(Seal)
(Seal)
PAY TO THE ORDER OF:
WITHOUT RECOURSE
Exhibit "C"
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in the Fifth Ward
of the Borough of Mechanicsburg, Cumberland County, Pennsylvania,
more 9articularly bounded and described in accordance with a survey
of Reed Engineering, Inc., dated March 26, 1981, as follows, to
wit:
BEGINNING at a point on the northern line of West Simpson
Street, said point being by same measured in a southwesterly
direction a distance of 40.60 feet from an existing drill hole
at the northwest corner of West Simpson Street and Cedar Alley;
thence continuing along said northern line of West Simpson Street,
South 79 degrees 31 minutes 35 seconds West a distance of 20 feet
to a point; thence North 10 degrees 28 minutes 25 seconds West
along the eastern line of land now or formerly of Katherine M.
Nailor and being along and through a partition wall and beyond
a distance of 89.0 feet to a point on the southern line of Ruppert
Alley; thence North 79 degrees 31 minutes 35 seconds East along
the southern line of Ruppert Alley a distance of 19 feet to a
point; thence South 11 degrees 07 minutes 02 seconds East along
the western line of lands now or formerly of Richard C. Dietz,
et ux, a distance of 89.01 feet to a point on the northern line
of West Simpson Street, the point and place of BEGINNING.
HAVING thereon erected two and one-half story frame dwelling
known and numbered as 218 West Simpson Street.
BEING the same premises which William C. Ressler and Sandra
L. Ressler, his wife, by their deed to be recorded simultaneously
herewith, in the Office of the Recorder of Deeds of Cumberland
County, granted and conveyed unto Diana L. Olson.
oo t365, El086
Exhibit "D "
PRACTICES ACT, (the Act) 15 U.S.C. SECTION 1601 AS AMENDED
1. This law firm may be deemed a "debt collector" under the Fair Debt Collection
Practices Act. Any and all infom~ation obtained during the prosecution of this lawsuit may be
used for the purpose of collecting the debt.
2. The amount of the debt is stated in paragraph 9 of the Complaint.
3. The Plaintiff as named in the Complaint is the creditor to whom the debt is'owed,
or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney
represents the interests of the Plaintiff.
4. The debt described in tile Complaint, evidenced by tile copy of the mortgage note
attached hereto, Will be assumed to be valid by the creditor's law firm unless the debtor, within
thirty (30) days after the receipt of this notice, disputes in?riting the validity of the debt or some
portion thereof.
5. If the debtor notifies the creditor's law firm in writing within thirty (30) days of
the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm
will obtain a verification of the debt and a copy of the verification Will be mailed to the debtor by.
the creditor's law firm.
6. If the creditor named as Plaintiff in the Complaint is not the original creditor, and
if the debtor makes a written request to the creditor's law firm within the thirty (30) days from the
receipt of this notice, the name and address of the original creditor will be mailed to the debtor by
the creditor's law firm.
7. Written requests should be addressed to Spear & Hoffman, P.A., 1020 North
Kings Highway, Suite 210, Cherw Hill, NJ 08034.
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2002-01672 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL HOME LOANS
VS
OLSON DIANA L
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
OLSON DIANA L but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE ,
the within named DEFENDANT , OLSON DIANA L
NO FORWARDING ADDRESS WITH POST OFFICE
, NOT FOUND , as to
HOUSE IS VACANT.
Sheriff's Costs:
Docketing 18.00
Service 6.21
Not Found 5.00
Surcharge 10.00
.00
39.21
So answer: //~J~J~ /
k~ Thomas Kline
Sheriff of Cumberland County
SPEAR & HOFFMAN
04/12/2002
Sworn and subscribed to before me
this /~--- day of ~
~;o 2_- A.D.
Sl~ear & Hoffman, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
Attorney I.D. No. 80057
1020 N. Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560
Attorney for Plaintiff
WASHINGTON MUTUAL HOME LOANS
INC.
F/K/A PNC MORTGAGE, ATTORNEY IN
FACT
FOR PNC BANK, NA
PLAINTIFF,
VS.
DIANA L. OLSON
DEFENDANT
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1672- CIVIL
PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in Mortgage Foreclosure on the above-captioned matter.
SPEAR~
, P.A.
IORNBECK, ESQUIRE
SHERIFF' S RETURN - REGULAR
CASE NO: 2002-01672 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL HOME LOANS
VS
OLSON DIANA L
CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
OLSON DIANA L the
DEFENDANT , at 1907:00 HOURS, on the 23rd day of May
at 113 SOUTH WASHINGTON STREET
, 2002
MECH_ANICSBURG, PA 17055
DOROTHY FISHEL, MOTHER
a true and attested copy of COMPLAINT -
by handing to
MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18 00
6 9O
00
10 00
00
34 90
Sworn and Subscribed to before
me
this Jx~q day of
~ ~-~32~ A.D.
tP~othonot ary
So Answers:
R. Thomas Kline
05/28/2002
SPEAR AND HOFFMAN
f~/ Deput~heriff '
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned SATISFIED.
Sheriff's Costs:
Docketing $ ' :1.8.00
Poundage 26.11
Advertising
Law Library .50
Prothonotary 1.00
Mileage 10.35
Misc.
Surcharge 20.00
Levy
Post Pone Sale
Garnishee
Pd by Defendant
Sworn and Subscribed to before me
this d.~ day of (~...
2002 A.D. (~.~..., ('~. ~)_.f_o..,I d/ox/-
p~onotary
R. ThOmas Kline, Sheriff
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 02-1762 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PPL ELECTRIC UTILITIES CORPORATION,
Plaintiff (s)
From KERRY HITT, 250 REESER ROAD, CAMP HILL, PA 17011
(1) You are directed to levy upon the property of thc defendant (s)and to sell LEVY ON
DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise di~osing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/bar that he/sha has been added as a
garnishee and is enjoined as above stated.
Amount Due $1305.65
Interest FROM 3/7/02
Atty's Corem %
Arty Paid $31.75
Plaintiff Paid
Date: APRIL 9, 2002
REQUESTING PARTY:
Name ARTHUR M. FELD, ESQUIRE
Address: 1309 BRIDGE STREET
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Telephone: 717-770-0292
Supreme Court ID No. 07172
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
Prothonotary, Civil Division
ATTORNEY Arthur Feld
WRIT NO. 2002-1762 Civil
PPL Electric Utililities Corporation
vs
Kerry Hitt
Real Debt
Interest
Attorney's Comm.
Writ Costs, Atty
Writ Costs, Pltff.
Miscellaneous Attorneys Fees
$ 1305.65
11.55
31.75
DISTRIBUTION
$ 1348.95
Sheriffs Costs:
Docketing
Poundage
Posting Sale Bills
Law Library
Prothonotary
Service
Misc. Bad Check Charge
Advertising
Postpone Sale
Surcharge
Garnishee
Levy
$ 18.00
26.11
.50
1.00
10.35
20.00
Defendant Pd to Sheriff
Advance Costs
Total Collected
DISTRIBUTION
Pd. To Pltff.
Refund of Adv. Costs
Pd. To Prothonotary
$ 1348.95
150.00
1.50
$ 75.96
$ 1424.91
150.00
$ 1574.91
So Answers:
R. Thomas Kline, Sheriff
SPEAR & HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
1020 KINGS HIGHWAY, SUITE 210
CHERRY HILL, NJ 08034
(856) 755-1560
ATTORNEYS FOR PLAINTIFF
WASHINGTON MUTUAL HOME LOANS
INC.
F/K/A PNC MORTGAGE, ATTORNEY IN
FACT
FOR PNC BANK, NA
PLAINTIFF,
VS.
DIANA L. OLSON
DEFENDANT
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1672
PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE
COMPLAINT IN MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly settle, discontinue and end without prejudice the above captioned complaint in mortgage
foreclosure.
SPEAR AND HOFFMAN, P.A.
I~ONNIE DAHL, ESQUIRE
Attorneys for Plaintiff