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HomeMy WebLinkAbout02-2779Spear & 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, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-2779-CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure on the above-captioned matter. ~UIRE Spear & Hoffman, P.A. BY: THOMAS J. HORNBECK, ESQUlRE Attorney I.D. No. 80057 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 5004740105 WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. 9451 CORBIN AVENUE PO BOX 1093 NORTHRIDGE, CA 91324-1093 PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES 112 NORTH ENOLA DRIVE ENOLA, PA 17025 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKETNO. 0,2 . ,2 7 7q COMPLAINT - C1VIL 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 cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a panir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte 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 corte 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 DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA 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.: 5004740105 WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. 9451 CORBIN AVENUE PO BOX 1093 NORTHR1DGE, CA 91324-1093 PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. Pd-IOADES 112 NORTH ENOLA DRIVE ENOLA, PA 17025 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKETNO. 02 - ,~ 77~' ~&/ COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A., Authorized to do business in Pennsylvania pursuant to Certificate of Authority # 2001055, with its principal place of business located at 9451 CORBIN AVENUE, PO BOX 1093, NORTHRIDGE, CA 91324-1093. 2. The names and last known addresses of the Defendants are: BRIAN E. RHOADES JR AND LYNETTE J. RHOADES, 112 NORTH ENOLA DRIVE, ENOLA, PA 17025. 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 MAY 26, 1993, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to HERSHEY BANK, which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: MAY 26, 1993 DATE RECORDED: MAY 28, 1993 BOOK: 1138 PAGE: 181 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES made, executed and delivered to HERSHEY BANK their promissory Note in the original principal amount of $42,750.00. 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: HERSHEY BANK ASSIGNEE: WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. DATE OF ASSIGNMENT: AS RECORDED RECORDING DATE: AS RECORDED BOOK: AS RECORDED PAGE: AS RECORDED 7. The Mortgage is secured by property located at 112 NORTH ENOLA DRIVE ENOLA, PA 17025, which is more particularly described in the legal description attached hereto as Exhibit "C" and incorporated herein by reference. On or about MAY 26, 1993, in consideration of their indebtedness to HERSHEY BANK, 2 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 JULY 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. 9. The following amounts are due on the Mortgage: Principal Balance $37,755.75 7% interest from JUNE 1, 2001 to APRIL 10, 2002 at $7.24 per day $2,273.36 Accrued Late Charges $114.19 Escrow Advances made by Plaintiff $364.58 Other Fees $15.20 Attorney's Fees $2,829.50 TOTAL AMOUNT DUE $43,352.58 Interest continues to accrue at the per diem rate of $7.24 for every day after APRIL 10, 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. 3 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, Plaintiffsent the combined Notice of Intantion 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 IN 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 10, 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: 4 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 true 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 unsworn falsification to authorities. DATE: Exhibit MORTGAGE THIS MORTGAGE ("Security Immunent") is given on MAY 26~ 1993 , Husband and Wife ("Borrower"). This Sc~urit~ Instrument is ~ven to Hershey Bank which is or~ and exist~g tmdc~ ~he laws of ~he t~ait~d states of Aner£ca ,ofldwho~ nddr~sis 651 Past Park Drive Springcreek Bus. Harr~sbu~, PA 17111 ("~").~w~ow~~i~of ~ ~.S. $ &2750,00 ). debt ~ evid~ by B~'s no~ ~ ~ ~e ~ ~ ~ S~ In~t ('No~"), whi~ ~ f~ ~y ~y~, ~ ~ full ~ ff ~ ~ ~, d~ ~ ~ ~ J~e 0l, 2023 . ~t ~ m ~ (a) ~ ~t o[ ~ ~ e~ ~ ~ No~, ~ ~ ~ ~ ~, ex~ m~ons of ~ No~; ~) ~ ~t of ~ o~ s~, wi~ h~ ~v~ ~ ~h 7 m ~t ~ ~ of S~ ~s~ ~ (c) ~ ~ of B~w~'s ~U ~ ~ ~ ~ S~ ~t No~. For ~ p~, Bo~w~ ~ ~ ~e, ~t ~ ~nvey ~ ~d~ ~ fo~g ~ ~ C~er~d ~, ~lv~ SEE LEGAL DESCRIPTION ATTACHED H6~ETO AND MADE A PART HEREOF Pennsylvania 17025 ("Property Addr~s"); tzip Code] 181 BORROWER COVENAN'I~ that Bo~oWer is lawfully seisaH of the es~e hereby conveyed and has the ~ight ~o nm~gage, grant and convey the Pmp~my and ~ the Prupe~ is une~cumbored, exc~t for aucumbrances of record. Bom~wer wamats and will defend geae~aHy the titie lo the Pruperty againat aH cisims and dsmunds, subject to any ~c~ of ~. THIS SECURITY INSTRUMENT combines unEorm covenants for national use and non-uniform covenants with limited varinhons by jurisdiction to constitute a uniform secotity instrument covering real prupe~y. UNIFORM COVENANTS. Borrower and Lender covenant and ague ~a follows: l'Payment°fPrh~l~landInle~e~;PrelmymeatundLainCImr~. Bon-ower shall pmmildy pay when due the Principal of and inumm on tbe debt evidenced by the Nole and uny prepayment and in~, charges dae under the Nme. 2' lt~mda f°r Taxes and lnmarnnen. Subject to applicable law or to a wri~en waive~ by Lender, Bonower shaH pay to Lundar on the da~' monthly payments a~e due unda~ the Nore, until the No~ is paid in fall, a sum CFunds-) for: (a) yesrly tsxes and asse.m~ents which may Atml, priority over this Security Insmunent as a lien on the Psope~y; Co) yeerly leasehold payments or ground rents on the Pmporty, if any; (c)-ye~'ly hazard or property insurance premiums; (d) yearly flood insurance preminn~, if any; (e) ye~ly mortgage insurance inc~,iums, if uny; and (0 any ames payabin by Bonower to Londer, in accordance with the p~ovisions of paragraph 8, in lieu of the payment of mortgage insm-ance premimns. These items at~ called ~ascmw Items. Lender may, at any lime, collect and hold Funds in an amount not to exceed the maximum amount a lendsz fo~ a federally related mortgage loan may ~qui~ for Bonower's eso-ow ~.~)unt under ~ho federal Real Eala~ Seainment Pmc~lures Act of 1974 as amended f~om tirae to lime, 12 U.S.C. Section 2601 et seq. ("RESPA"), unle~ another law ~ applies to the Funds sots a ~ amounL If so, Lend~- may, at any inne, collect and hold Funds in an anmtmt not to exceed the leaner anmunt. Leader may estin~e the amount of Funds due on die basis of current data and reasonable estima~ of expenditures of futu~ Escrow Items or otherwise in accordance with applicable law. ~ae Funds shall be held in an institution whose d~0osits are insured by a fade~al agency, ina~mmentslity, or entity (including Lender, if Lender is such an itmimtion) or in any Federal Home Loan r~ank. L~eder shall apply the Funds to pay tho Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the F..~crow Items, unless Lender pays Borrower inter,at on the Funds and applicable law permits Lender to make such a cherge. Howeves, Lender may require Bormwe~ to pay a one-time charge for an independent real estate tax raporimg service used by Lender in connection with this loan, unless appllcabin law provides otherwise. Unless an agreement is made or applicable law requires intezest to be paid, Lender shall not be required to pay Borrower any intere~ of esmings on the Funds. B~-rower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an anna accounhog of the Funds, showing credits and debits t~ the Funds and the pmlx~e for which each debit to the Funds was made. The Funds ate pledged as additional seendty for all sums secured by this Security Instmmant. If the Funds held by Lender exceed the amounts pa~ditted to be held by applicable ]aw, Lender shall aaconnt to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any ~ is not sufficient to pay the Eacmw Itema when due, Lender may so notify Borrowe~ in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the daficieney. Borrower shall make up the daficiency in no more than twelve monthly payments, at Lendor's sole disc-~tion. Upon payment in full of all sums secured by this Security Insmuneor, Lender shall promptly rafund to Borrower any Funds held by LetuP. If, trader paragraph 21, Leader shall acquire or sell the Prape~y, Lendsz, prior to the acquisition of sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a eredit agaltm the sums secumi by this Security Insmunent. 3. Appllentlon of Paymenin. Unle~ applicable ]aw provides otherwise, all payments received by Lender under patagzaphs 1 and 2 shall be applied: f'uat, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, te interest due; foorth, to principal due4 and last, to any lete charges due unde~ the Nme. 4. Char~es; Liens. Borrowe~ shaH pay aH laxes, assessments, charges, fines and impesitinns a~buatbl¢ to the PtOlnn~y which may attain priority oyes this Security Insmunent, and leasehold payments or ground rents, if any, Borrower shall pay the~e lm3on owed paymeaL Borrower ~ promptiy furnish to Lender aH notices of amounts to be paid under this paragraph. If Borrower makes these payments direly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Bon'ower shall promptiy disclm'ge any lien which haa priority over this Security Ins~ument unless Borrower:. (a) agx~es in wri6ng to the payment of the abligaHon s~cmed by the lien in a munner ?c%-alble to Lender-, CO) contsats in goed faith the lien by, or defends again~ enforceraent of the lien in, ingal lm~_.eedings which in the Lender's opinion operate to preveor the enfercement of the lien; of (c) socure~ from the holder of the lien an ag~ement satisfactory to Le~der subordina~g the ~ to this Security Insmunent. If Lender datennines that uny part o~ the Property is subject to a lien which may atlain priority over this Security lasm~ment, Leader may give Borrower a notice identifying the lien. Bonower sbeli sa~fy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. be unreasonably withheld, ff Borrower fails to mainmln coverage descril~i above, Lmder may, at Leader's op~on, obtain coverage m prmect Lend~'s fights in the Pmpe~ in accordance with paragraph 7. AIl insuranc~ pollcle~ and re~ewal~ ~ulll t0~ acceptable to Lendo- and ~11 includ~ a s~la~l morl~ge c~. ~ ~ have ~he tight to hold the policies and rmewals. If Lender requires, Bortowe~ shall im~mpdy giv~ ~o Leader all receipts of paid Pretniums and renewal notices. In th~ event of Io~ ltorrower shall give prompt notice to ~ ~ ~ ~ ~. ~ may mak~ proof of lozs if not made prompdy by Bo~ower. Unless Lender and Botrowe~ otheo~h~ ~ in w~iting, insurance proceeds shall be applied ~o resU~ion g repair of the secured by ~ Security Insm~m~t, whether or not then due~ wilh a~y excess paid ~o B0~owet. I~ Boo~ver abandons the PropertY, or does not answg within 30 days a noli~ from Le~det flint the insura~e c~.ier has offered to ~ a c~, ~ Lende~ may collect the insurance p~ce~l~, Lender may use the proceeds to repair or tez~o~ the Prope~ o~ ~o pay ~$ ~ by this Security Ins~mmeot, whether or not then due. The 30-day period will be~ w~ ~ ~ ~ ~v~. the due da~ of the monthly paymems refem~cl to in paragraphs I and 2 or change the araount of the payments, ff unde~ parag~ph 21 tho Prope~y is acqui~d by Lender. Borrower's fight to any ins~ranc~ policies and proceeds re~lting from damage to the Pvope~y prior to tho acquisition shall pass to Ler~er to the examt of the sums secm~ by ~his Security Ins~mmem immedlaleiy. prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Prolecfiou of the Prol~; Borrower's Loan Appilcaiiou; Lemeholds. Borrower shall occupy, establish, and use the Property ~ Borrower's principal residence within sixty days at,et the executio~ of Ihi~ Security lnstoam~t and shall continue to occupy the Property as Borrower's principal residence for at least one year after file date of occupancy, unless Lender olherwise agrees in writing, which consem shall not be unreasonably withheld, or unless extenuating circumstances exist which am ~-'yond Borrower's conWoL Borrower shall not desuoy, damago o~ iml~ir tho Prol~y, allow the Property to detetlora~, of commit waste on the Property. Borrower shall be in default if any forfeiture actioo or proceeding, whether civil or griminal, is [~gun that in Lender's good faith judgment could result i~ fodeitum of the Prope~y of otherwise mate~ffiy impair th~ lien created by this Security InsWument or Lentil's security intent. Borrower may cute such a default and reinstate, as provided in paragraph 18, by causing thc action of proceeding to be dim~sed with a ruling ttmt, in Lender's good faith de~rminalion, precludes forfeiture of the Borrower's interest in the Ptope~ o~ other malefial impairment of the lien created by ~his Secmity Insmunent or L~det's security int~e~ l~orrowe~ shall also be in default if l~rowe~, during the loan application process, gave ma~ally false or inaccurate information or statements to Lender (of failed to provide Leader with any martial information) in connection with the loan evideoced by the Note, including, but not limited lo, ,r~n~ntations concerning I~orrowet's occupancy of tho Pro~ty as a principal residence. If ~his Secmity InsU~me~t is o~ a leasehold, Borrower shall comply with all the pmvisio~s of ~h~ lease. If Borrower acquires fee dtle to ~he ~, ~ 1~ ~d ~ fm fi~ ~ not merge unless Lender agrees m the m~ger in writing. · 7. Protectio~ofLender'sRighisintheProper~y. If Borrower fails to p~form the cov~ms and agreemems comained in this Security lnsmunent, 0t then~ is a legal proceeding that may significamly affect Lender's rightz in Ihe Property (such az a proceeding in bankruptcy, proba~, for co~denumlioll or forfeiture or to enforce laws or mgulaliol~$), then Lender' may do and pay for whalever is necessary ~o protect file value of Ihe Prol~tty and Lender's fighls in file Property. Lender's actioos may include paying any sun~ secured by a lien which has priority over this SecuriF InsUm'aeat. appcaring in com't, paying reasonabl~ ale-ney,' fees and eotering on the P~ope~y to make rep.s. Alfl~ough Lender may take zctioo under ~ parag~ph 7, Lender does not have ~o do ~o. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security lnsumneot. Unless B~0ower and Lender agre~ ~o other terms of paymem. ~hese mnounts shall bear interest from Ihe dale of disbursement at the No~e rate a~d shall be payable, with intete~ upon notice from Lende~ to Borvowe~ r~quesdng paymem. 8. Mortgage Insuranc~ ff Lender required ~e insurance as a condition of making the loan secured by flfia Security Ir~hnunen~, ]torrowe~- shall pay the pn~nlums required ~o maintain file morlgage insuranco in effegL fi, for any reason, mortgage hls~ coverage required by Lender lap~es or ceazes to be in effect, Botro.,ve~ sludl l~y tho premiums required to obtain coverage substantially equivalent to ~h¢ mortgage insurance previously in effect, at a cost substantially equivalmt to the cozt lo Borrower of the mortgage insurance p~viously in effect, from a~ alternate mortgage insmet approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each monG1 a sum equal to one-twelfth of the yearly morlgago insmance premimn being paid by Borrower when the insurance coverage lap,ed ot ceased to be in effect. Lender will accept, us~ and retain these paymeats as a loss rezetve in lieu of mortgage insurance. Loss r~'~,etve 183 payments may n? longer ? required: at the ophon of Lender, if mo~agc inmmmce coverage (in the mnotmt and for the pariod riat .Lendes requn~) Inovided bY aa msu~ ,nn-~o,,'ed by Lenda* ~gam b~eou~ available and ~ olnained, i~o,xower shaa ~ ~ pmmttms requited to nminmin mortgage insutaanc in effect, of ~o provide a loss resea-ve, until the rcquirement for mortgage 9. lanpot'tiou. Leader or lis agent may make reasonable entries upon and inspections of the I~. Lender shall give Borrower nollco at rie time of or Print to an inspaclinn specifying reasouable couse for the inspecdon. 10. Condemnathoi. The pmcecd.s of any award or claim for damages, direct or consequetolal, in connection with any condemnation or ~ taking of any part of the Pmpa~y, or for conveyance in lieu of condemnatinn, am hc~..by assigned and In the event of a to~al ~aking of ric Pmpe~y, rie pl~:ecda shall ho applied mm rie sums secured by ~ Securty i~ wbether or not rich due, wiri ~my cxcoss paid to Borrower. In the event of a pardal raking of thc Property in which the fair markat valu~ of rie ProperPl ~y before rie talong is cq~ to or 8resler than rie amotmt of ric sums secured by riis this Security ins~an~ncot shall be redoesd by rite amotmt of the precceds multiplied by Ibe following fraction: (a) the total amount Of file sums sectucd inml~ia**ly before the laking, divided by Co) ric fair market value of the Prope~y immedintoly bcfo~ thc taking. Any hainnco shail be paid to Borrower. In die event of a pardal takinll of ric Propc~y in which rie fair matk~ valan of tbe Propea-~ immediately before rie ~dng is less rian thc amotmt of rie sums secured imm~lln~!y before thc taking, unless Borrower and Lender o~ agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to thc suras secured by this Securrity Ins~annt wbeflu~ or not thc stuns ~c then duc. If the Property is abandoned by Borrower, or if, ~ notice by Lender to Borrower riat the coedc~nnor off~s to make an award or sctlin a claim for damages, Borrower fails to respond to Lender within 30 days ~ the dato the notice is given, Lender is anriorized to collect and apply the prececds, at lis ophon, eiricr to tcstorstion or repair of the pmpasty o~ to ric sums secured by thl* Securrity instrument, whorier or not then due. Unless Lcade~ and Borrower orierwi~ agree in w~dog, any application of i~oceeds to principal shall not e. xt~d or postpone rie due dato of rie monrily paymcots refeaxcd to in paragraphs 1 and 2 or change rie amouot of such payments. 11. Borrower Not Released; Forl~arance By Lcod~r Not a Waiver. Extension of the time for payment or modification of atnorllzstion of thc soms secured by this Securrity Ins~'umeat granted by Lender to any sueccssof in inte,n~at of Borrower shall not operate to release die liability of die urginal Borrower or Bonower's successors in inte~st Leader shall not be required to commence pranccdings against any soecessof in interast or mfuso to extend time for payment or orie~iso modify amortization of .rie. sums secured by this Securrity Insb-umc~t by ~ason of any demand mada by thc original Borrower or Bo,ower's suers tn interest. Any forbeatanc~ by Lender in exercis~g any right or remedy shall not be a waiver of or preclude thc cxercLse of any right or remedy. 12. Succ'-,~sors and Asal~ns Bound; Joint ami Several Liability; Co-algoers. Thc covcnaots and ag~emeots of this Securty Insmunc~t shall bind and beanfit the successors and assigns of Lender and Borrower, subjcot to the provisions of para~ 17. Borrower's covcoaots and agrectoents shall be joint and several. Any Borrow~ who co-sigos ~ Securrity Insttumant hot does ant execute the Noto: (a) is co-signing riis $~curty Insmunent only to mo~ag~, grant and convey ~ Bonuwc~*s inmost in the Prope~ und~ rie teams of this Securty Instrument; Co) is ant porsonally obligated to pay thc sums secured by this Securrity Inso'umcot; and (c) agrees that Lender and any other Borrower may ague to extend, modify, fotbesr or make any ascommodst~ons with regard to thc mrna of riis Security InsWamant or rite Note wiriout that Borrower's conscot. 13. Loan Cllarges. If the loan secured by ~ Security insmanant is subject to a law which sets maximum loan charses, and that law is £mally in~tpre~ed so diat the intereat or odler loan charges collected or to be collected in connechon with thc lean exceed thc pexmllted llmlls, dicn: (a) any such loan chargo shall be reduced by the amount nccess~y to reduce tho charge to the petmit~d limit; and Co) any sums already collected fxom Borrower which exceeded permiUcd limits will be rcfondad to Borrower. Lender may choos~ to make this rcftmd by reducing the p~ncipal owed under the No~ or by. razkinll a direct payment m Borrower. If a ~cfund reduces lnincipal, the reduction will be trcascd as a ~ prepayment without any prepayment charge under thc Note~ 14. Noti~s. Any notice to Borrower provided for in this Secu~ty Instrument shall be given by dalivurng it or by mailing it by first class mail unless applicable law mqui~s us~ of another mcriod. The antico shall be dimc~d to ~ P~ope~y ~ or any other address Borrower des~ by notic~ to Lender. Any ~ to Lender shall ho given by first class mail to Lender's address stated hc~n or any other address Leader designates by notice to Borrower. Any anliec inovided for in this Security InsWamaat shall be deemed to have been given to Borsower or Leader when givan as provided in this paragraph. 15. Governing Law; Severabillty. This Security Instrument shall be governed by federal law and thc law of tho jm'isdichou in which d~ Pmpe~ is located. In the evant riat any provision or clause of this $ecurty Instmmcot or the Note conflicts with applicable law, such conflict shall not affect other inovisions of riis Security Insmmlect or the Note which can be given effect without thc coufficdoll inovlsiou. To this and the provisions of this Security Instrument and thc Note are declared to ' 16. Boi~ow~"S Copy. Bonowet shall he given one conformed copy of the Note and of this $~mity imuum~L _17. T~'amferM't~...Prl~er~oraB~eCz, lallntereMln~orrov,~. If all m' any pm of d~ gm inter~tm~ sore or I~a~sfe~red (or if a bene~-inl inl~-e~t in ~ ;o ~la ~ ,.....~J ~ ~___, Property y ' 't is Secorlty Insmm~em. ,-u.,u~s e~Cm~l t)y Lender if exepz~se ts prohibited by red.al law as of the dale of · . . P~Y . P~e~otheexpt~monof~isperiod, Lende~maymvokenn n~nedies ' sums which then would be due under this Security Insu. ument and the Nora as if no acceleration had ~) ~ ~y ~'~'"~Y , tu.s m~s such acaon as Lender may reasonably ~qui~ to Isure that the lira of this Security Instrument, Lender's fights in the Prope~y and Borrower's ob[{oo~,,~ U~ ~ ,k ~er~bvl~.~l ..~..~_--~.~,;2-..~-_-j--_.~-.:.. ul~n ~t ~y {:~nuwel-, t~ts $~cu?ty Instrument and the obllpdons secured as the '~ane~';~-"~ +~-°-" ........ .pn~ ot~ .~ tO. B..o~ower..A .~1~_ may. result m a change in flu~ emity (known · .g ot me l-oan ~erwcer unre{at~d to a sale of the Not~ If there ~s a change of the Lo~n Se~dcer, Borrower will be · , .....,~w.~,u, o..e~,..ana me ~ to which payments should be made. The notice will also contain nny o~her 20. Ha~ardoi Suh~tnn~es. Borrower shall nm cause or penuit the pm~nce, use, disuosal, storage, o~ release of Hazardous Substances on o~' in the Prope~y, Borrower shall uot do. nor allow anyone else to d~, m~ ~ ~ ~ L~t is in vi. oladon of an~.Envimnmental Law. The p~ceding two senmnces shnll not ~ly ~ ~ ~. ~ ~ ~e ~ ~ ovBOrmw~ shall .l~ompdy gwe Lender v~iuen ?mice ,of any investigation, clan, denumd, lawsuit m other action by nny g e~nmental o~ regumlo~ agency o~ private {xmy revolving the Property and any I~tts Substance o~ Environmental Law ~u or ~..mm~um~o, n oi nay l~.. us :~ub~t~ce affecting the Property L~ necessa~, Borrowe~ shall m'ommlv lake ~pe~ ~_d~,, volati~ SOIv.?I. tS, msleri~s ~ontaining msbestos or f.o .~..~. yde, and radioactive ma~-~ds. As ~ in to ~-~ zu, .un.vimnm~n.ml Law .me~ns f~or{l laws and hws of the jufisdicuon where the Prope~ is ~ lhat,~lm NON-UNIFORM COVENANTS. Borrowot and ~ fu~e~ c~v~nant and ~ ~s follows: 21. Acceleration; Remedies. Lender shall give uofiee to Borrower prior to acceleration foBowlug Borrower's breach of any covlmml or agreemeut {n this krity lmtrument (but ~ot prior to accelerafio~ u{der para.apb l? uMe~ applicable law provides otherwise). Leader shll uotify Borrower of, ~moug other tl~g~: (a) lhe defaultl (b) the action requh'ed to cure the default; (e) whe~ the default mint be cured; and (d) that hilure to cure the delhult as specified may ~esult in acceleration of the sums seeured by thk Security Iustrumeut, forecl~ure by ~udicial proceedkg aud sale of the Property. lender shall further h,fom Borrower of the right to reinstate after accelerafiou and the right to a~sert h, the foreclosure proceedh, g the non-existence of a default or any other defeu~e of Borrower to acceleration aud forecl~ure. If the default is not cu~d as specified, Lender, at it~ optiou, may require immediate payment in full of all sums ~,eured by IMs Security Inm'ument without further demaud and may i'oreclo~ this Security l~trument by judicial pruceeding. Lender shan he entitled to collect ali expen~e~ Incurred in pu~uing the ~medie~ provided i,, thk p~'agraph 21, including, but not llmRed to, attorneys' fees and c~ts of ~ evidenc~ to the eztent permitted by applicable 22. Relea~. Upon paymem of all sums ~ured by ~hls ~cufity Instrument, U'~ Security Insm, m~ and the conveyed shall ~tmina~ and become void. Aflet' such ~unen~, ~ shall discl~ge ~d salisfy this Security Insu~n~m wilhout charg~ m Bon-owe~. Bor~w~ shall pay any mcordalion ~osis, :~. Waivers. Borrows, Io tl~ ~xl~nt p~nnitled by applicabl~ law. waiv~ and tele~mes any ~ or defe~ts in proc~dings ~u ~nfof~ this $~ufiiy Insmm~nk and hereby waiv~ Ihe ben,fit of any !ure.~,n£ or futuro laws I~uviding for slay of execution, exl~nsion of time, exe~nption from att~hmemmt, kvy and s~le~ and hom~su:~d exe~uplion. Form 3039 919 ~00i1138 p~E 185 · [] Condominium Rider [] Plnnned Unit D~velopment Rider [] Biva~dy Pnyn~a Rider BY SIGNING BBLOW, Borrower accepU aed a~ee~ to the terms a~d covemmU contained iu this Security luslrume~ and i~ say ,ide~(*) executed by Bonowet aud ~co~ded with it. (Se,{) (sea') Cetfif~e of Residence I, Susan Hall ,do he~ ee~y ~ 0m eor~ct sdd~ of · e~n-namedMo~g~gee~, 651 E Park ~ive, Harrisburg, PA 17111 Wi~smy~ 26th ~yof ~y ' . 1993 COMMONWEALTH OF PENNSYLVANIA, Cumberland Couaby On th~, the 26th dayof May , 1993 , before me, the uede.igmd office~, petsoually appea~ed Brian E. Rhoades, Jr. and Lynette J. Rhoades kuown to me (o~ mbf~to61y p~oven) m he the person s who~e~neS are~ubscnl~dtothewithinin~tntmentandaeknowled{edflmt they executed the same for the pur~ herein EM Vv]TNES$ Vv]~.~.OF, ! hereunto se~ my band and official smd. ' My Comm;*qiou Explnes: NOTARIAL SEAL "~ VICKtE R. w~KER, NOTARY PUBLIC / CAMP HILLBORO. CuMBERLANO CO. ~ Notary Public V0'6 1138 186 RleNumber: 930115 SCHEDULE -CONTINUED ~G~ DESCRIPTION ALL THAT CERTAIN Piece or parcel of land, situate in the Hast Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made by Ernest J. Walker~ Prof. Eng., dated February 2, 1971 as follows= BEGINNING at a point on the eastern line of North Enola Drive, said point being 140 feet North of the northern end of a curve which connects the eastern line of North Enola Drive and the northern line of Perry Street~ thence along the eastern line of North Enola Drive North 10 degrees 20 minutes West 29.294 feet to a point of curve~ thence continuing along the eastern line of North Enola Drive in a northerly direction on a curve to the right, having a radius of 302 feet, for the arc distance of .706 of a foot, to a point opposite the center of the pratition wall dividing houses Nos. 112 and 114 North Enola Drive; thence along the premises known as 114 North Enola Drive and passing through the center of said partition wall North 79 degrees 40 minutes East 115 feet to a point~ thence South 10 degrees 20 minutes East 30 feet to a corner of land now or late of C. Alan Hale known as i10 North Enola Drive~ thence along said land South 79 degrees 40 minutes West 115 feet to the point and place of BEGINNING. HAVING thereon erected a southern half of a two story frame double dwelling known as No. 112 North Enola Drive. BEING THE SAME premises conveyed unto Brian H. Rhoades, Jr. and Lynette J. Rhoades, Mortgagors herein, by deed from Laural S. Murray, Grantor herein, to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. ~oo~1138 ~'~,CE 187 Exhibit "B " NOTE 1. BORROWER'S PROMISE TO PAY In rc~urn fo~ a 1o~ that I have re~ved, I promi~ m poy U.S. $ 427S0.00 (~his amount "~, pl~ ~ ~ ~ ~ of ~ ~. ~ ~ ~ ~ ~ ~ Nora ~ ~ ~e "N~ ~." ~ ~ER~ In~ ~ ~ ch~ on ~d ~c~ ~ ~ full ~o~t of ~ ~ ~ ~d. I w~ ~y ~ ~ a y~ly ~) of ~ No~ 3. PA~S (A) T~e a~ ~ ~ I ~ ~ ~ ~d ~ by ~g ~u e~ ~n~. I~my~y~ 1~ ~yof~mon~g~ ~Y 01~ 19 9~ . I ~ m~e ~ ~ ev~ m~ ~ffi I ~ ~d ~ of ~ ~ ~ ~ ~y o~ ~ ~ ~ ~ I ~y owe ~ ~ N~. My ~ly ~ ~ ~ ~ ~ ~ ~ ~i~. ~. on ~ 0~ 2023 , I s~ ow~ ~o~ ~d~ ~ ~a ~t p~ ~u~ ~ ~ N~ ~. (B) ~ount ~Mon~ly My ~n~y ~t ~ ~ ~ ~ ~o~t of U.S. $ 4. BO~O~R'S ~G~ TO PREPAY I ~ ~ fight ~ ~ ~ of ~ ~ ~y ~ ~f~ ~y ~ d~. a "~t'. ~ I ~ a ~ I w~ ~ ~e No~ Ho~ ~ ~g ~ 1 ~ ~g m. I ~y m~e a ~ ~y~t ~ ~ ~ wi~ut ~g ~y ~mt ~g~ .~ of my ~ ~ ~ ~ ~o~t of~ ~ I o~ ~ ~ No~. If I ~a~ ~ ~ ~ ~ no c~g~ ~ ~e due ~ ~ ~ ~ ~unt of my ~ly ~ ~1~ $. LO~ CHARG~ If a ~w, w~ ~ ~ ~ ~ ~d w~h ~ ~ ~ c~. ~ ~y ~ m ~ ~ ~ ~ ~ ~m ~ w~ ~ ~i~ ~i~ ~ ~ ~ ~ me. ~ N~ Ho~ my ~ ~ ~ ~ ~d by~ci~I~No~by~ga~y~t 6. BORRO~R'S F~E TO PAY AS ~Q~ED (A) Late C~rge for ~ ~en~ If ~ N~ Ho~ ~ not ~ivM ~ f~ ~Z of ~y money ~t by ~ys ~ ~it ~ d~, I w~ ~y a ~ ~e ~ ~No~ Ho~. ~t of ~ ~ ~.00 of my ov~ ~t of ~ci~ ~ ~ I ~ ~y ~ ~ c~ge ~mp~y but ~y ~ ~ ~ ~ ~y~ (B) ~I ~ ~ ~y ~ f~ ~t of ~h money ~ent ~ ~ ~ it ~ d~, I ~ ~ ~ ~t (C) N~ ~ ~ault If I ~ ~ ~ ~ No~ ~ my ~ ~ a ~ n~ ~g ~ ~ ~I ~ ~y ~ ov~ ~ by a · ~ ~ ~ I owe on ~ ~o~c ~ ~ must ~ ~ I~ ~0 ~ ~ (D) No Wa~er By Note HoMer Ev~'~. ~ a ~ w~ I ~ ~ ~ ~ No~ Hold~ ~ not ~ a~vc, ~e No~ Ho~ w~ s~ ~vc ~ fight ~ do ~ ~ I ~ ~ dcf~lt ~ a ~ (E) ~ent ofNo~ HoM~'s C~ and ~ If ~e N~ ~l~ ~ ~ ~ ~ ~y ~ly ~ f~ ~ d~ ~v~ ~~f~ofi~dex~f~g~Nog~ ~ ex~ ~l~, f~ e~p~, ~le ~ys' f~. 7. G~G OF NO~C~ Unl~ ~ hw ~ a ~t ~, ~y no~ ~ m~ ~ ~v~ ~ ~ ~ ~ Nog w~ ~ ~v~ by de~v~g it ~ by ~g it by f~ c~ ~ ~ me ~ ~ ~ Ho~ a no~ of my ~t No~ Ho~ ~ ~c ~ s~ ~ ~n 3(A) ~v~ ~ ~ a ~t ~ 8. OBLIGATIONS OF PERSON. NDER Tiffs NOTE If more than one Pet~n signs this Not~ each person i* fully and pe~o~lly obligaled to keep all of the ~ ~ ~ this Note, including the Promise to pay the full amount owed. Any 10e~on v/ilo i~ a guanine, ~ ~ ~ of ~~ is niso obligated to do these things. Any person who tsk~ ove~ the~ obli~nmms, including the obllgnhow of a sure~ o~ endor~r of this Note, is also obllga~d to keep nil of ~ho promises mnde in this No~. The No~ Holder may enfo~.e its rights unde~ thi~ No~e n?inst ench lsersen individually or against all of tts together. This me~ns that any one of us may be requked to l~y all of the amounts owed under this No~ 9. WAIVERS I and any othe~ person who hns ohli~ unde~ this Ho~ waivo ~e rights of p~seat~ne~lt ~d ~ of dithonor. "Presentn~nt" menns the right to requh~ the Note Holder to demand payment of amount~ due. *Notice of dishonor* rne~ the right to reqinre the Noto Holde~ to give no,ce m othe~ persons that nn~ounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a unifo~ra insmunem with limited v~iations in seine juri.michom. In addition to the ~ hiv~ to ~ Note Holder under this Note, a Mo~age, Deed of Trust or Security Deed (the "Security lnsu-ument '% this Note, Im~tects the Note Holder from poseible Iosse~ whlch mlght result if I do not kee~ the prorates which inmke in this Note. That Security Insmnnent desc~be~ how and under what conditions I may be requital to make imm~i~- payment in full of ail amounts I owe under this Noto. Some of those conditions a~e de~ihed se follows: Trnnsfer of the Prol~-wly m' n Benofictnl Inter~t in Borrower. If ail or any ~ of the Property or any inte~st in it is sold or transfen~d (or if a beneficini interest in Borrowe~ is sold or transferred and Borrower is not a nalural person) without Lender's prior written consent, Lender may, at its opllon, require immedin~ payment in full of ali sums ~cmod by ~ Security lnga~unent. However, this option shall not be cxeseised by Lender if exercise is prohibitod by foderai law ~ of the da~ of ~ Security Insuun~nc ff Lende~ exo-cise~ this option, Lender shall hive Borrowe~ notice of accele~ahon. The nollce shall provide a period of not less than 30 days from the da~ the notice is delivered or mailed within which Borrower mus~ pay ali sums secused by this Security Ins~meot. ff Borrower fails to pay these sums prior to the expirallon of th~ period, Lende~ may invoke any remedie~ permitted by this Secm~ty In~ument without fu~er notice or demand on Bonowe~. J WI'rNESS THE HAND(S) AND SEAL(S) OFTHE UNDERSIGNED. SSN: SSN: (Seal) =~om-fow~r (Sign O~iginal Only) Exhibit File Number: 930115 ECHEDULE -CONTINUED LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made hy Ernest J. Walker,. Prof. Eng., dated February 2, 1971 as follows: BEGINNING at a point on the eastern line of North Enola Drive, said point being 140 feet North of the northern end of a curve which connects the eastern line of North Encla Drive and the northern line of Perry Street; thence along the eastern line of North Enola Drive North 10 degrees 20 minutes West 29.294 feet to a point of curve; thence continuing along the eastern line of North Enola Drive in a northerly direction on a curve to the right, having a radius of 302 feet, for the arc distance of .706 of a foot, to a point opposite the center of the pratition wall dividing houses Nos. 112 and 114 North Enola Drive; thence along the premises known as 114 North Enola Drive and passing through the center of said partition wall North 79 degrees 40 minutes East 115 feet to a point; thence South 10 degrees 20 minutes East 30 feet to a corner of land now or late of C. Alan Hale known as 110 North Enola Drive; thence along said land South 79 degrees 40 minutes West 115 feet to the point and place of BEGINNING. HAVING thereon erected a southern half of a two story frame double dwelling known as No. 112 North Enola Drive. BEING THE SAME premises conveyed unto Brian E. Rhoades, Jr. and Lynette J. Rhoades, Mortgagors herein, by deed from Laural S. Murray, Grantor herein, to be recorded in the Office of the Recorder of Deeds in and for C-mherland County, Pennsylvania. Exhibit "D" · ' ' " ,, ,- the Fair Debt Collection ~-~ deemed a "debt col!,~ct°..r~o~cdt~on of th~s lawsmt may b~ 1. This law finn ~)a~;~. obtaingd dunng me p~ practices Act. ~Y and all mtom~= usgd Dr th¢ pm~OS~ of collecting th¢ d~bt. · ed in pareD'apb 9 of the Complaint. ' · ~a i,. the Complaint ~s tuck- m~n undersigne~ atton~o~ . Whe plaintiff as nam~ -}}a.~,~ Ce debt is owea. J' . ~ r r~xecredit°rt° or is se~icmg agent [o crests of Ce plaintiff, f Ce red.gage note represents the mt .. ~ ~., Ce copy o within . -:~-'= law fi~ unless the debtor, The debt described in Ce Complmnt, emaenceu ~J some attache~]~eret°, will be assumed to be ~alid by me creatt~ o tNtsY (30) days ~er the receipt of this notice, disputes in w~ting the ~alidity of Ce debt or potion thereof, law fi~ in w~ting within thiPY (30) days of 5. if the debtor notifies ~e creditor's the creditor's law fi~ ~d a copy of the verification will be mailed to the debtor by the ~eceipt of Pis nodce that the debt or my potion thereof is disputed, will obtain a verification of Ce debt e credttor's law fi~ ' ~s not ~e original creditor, and th ...... a ~ Plaintiff tn ~e Co¢(m.~}j.m the thi~Y (30) days ~ If the cremtor nan, .~ .... ditor's law ilnti ~ ..... .,, ~ ..~iled to the oeotor ~' ---*-es a written request to m= ~.~ ofiuinal creditor wm u~ if the deutor lit~ . *t~" me and ad.ess oI m* receipt of ~is notme, u,~ .a ~e credim?s law fire. 7. Written requests should be addressed to Spe~ & Hoffman, P .A', 1020 No~h ~ngs Hi.way, Suite 210, Che~ Hill, NJ 08034. SPEAR AND 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. 5004740105 WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-2779-CIVIL TERM MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by and through its counsel, THOMAS J. HORNBECK, ESQUIRE, moves this Honorable Court for an Order directing service of the Complaint in Mortgage Foreclosure upon the above-captioned Defendant(s) by Certified mail and regular mail and by posting of the premises: 112 NORTH ENOLA DRIVE ENOLA, PA 17025 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful, as indicated by the Return of Service by the Sheriffs Office and proof of additional attempts at service attached hereto as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiffhas made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to · Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint in Mortgage Foreclosure by certified mail and regular mail and by posting of the premises. Respectfully submitted, SPEAR AND 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, FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-2779-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by and through its counsel, THOMAS J. HORNBECK, ESQUIRE, submits this Memorandum of Law in Support of its Motion for Service Pursuant to Special Order of Court. Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable role, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A SheriWs return of"Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker~ 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant, and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Return of Service marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint in Mortgage Foreclosure. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaint in Mortgage Foreclosure by certified mail and regular mail and by posting of the premises by the Sheriff. Respectfully submitted, THO~/~ J0'HOI~BECK, ESQUIRE SPEAR AND HOFFMAN, P.A. BY: THOMAS J. HORNBECK, ESQUIRE · ATTORNEY I.D. NO. 80057 1020 NORTH KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (609) 755-1560, FAX (609) 755-1570 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANT(S) AND NOW, this __ day of COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-2779-CIVIL TERM ORDER ,200__, pursuant to Plaintiffs Motion for Special Service and accompanying Memorandum of Law in Support thereof, it is hereby ORDERED that Plaintiffs Motion is hereby GRANTED; Service shall be deemed proper upon the following methods: certified and regular mail at last known address Posting Property located at: 112 NORTH ENOLA DRIVE ENOLA, PA 17025 Other, as required by the Court: It is further ORDERED that all subsequent pleadings shall be deemed properly served upon defendants by the above methods of service or the methods of service as prescribed by Rule 440 of the Pennsylvania Rules of Civil Procedure regarding service of legal papers other than original process without further application to this Court for allowance of special service. Jo VERIFICATION THOMAS J. HORNBECK, ESQUIRE hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. '~'SPEA~ ~d~D i~IOFFMAN, P.A. BY: '~rlOMAS J. HORNBECK, ESQUIRE ATTORNEY I.D. NO. 80057 1020 NORTH KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 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, FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF, S & H FILE NO. WMR-P-669, LOAN NO. 5004740105 WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-2779-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that on the -_~___~ay o~~ ,20 ~ ~I. have served or caused to be served a true and correct copy of this Motion for Service Pursuant to Special Order of Court on all parties named herein at their last known address or upon their attorney of record by first class U.S. mail, postage prepaid to the addresses listed below. T-H 0 M A ~fJ;: !~ tLNx'B E~K, ESQUIRE ATTO~]fl'EY FOR PLAINTIFF BRIAN E. RHOADES JR AND LYNETTE J. RHOADES 112 NORTH ENOLA DRIVE ENOLA, PA 17025 Exhibit "A" SHERIFF'S RETURN - NOT FOUND '~SE NO: 2002-02779 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOME LOANS I VS RHOADES BRIAN E JR ET AL 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 RHOADES LYNETTE J unable to locate Her COMPLAINT - MORT FORE but was in his bailiwick. He therefore returns the the within named DEFENDANT , NOT FOUND , as to , RHOADES LYNETTE J PER NEIGHBOR, THEY ARE LIVING WITH GRANDPARENTS. PER POST OFFICE, THEY ARE NOT KNOWN AT ADDRESS GIVEN. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So Re Thomas Kline Sheriff of Cumberland County SPEAR & HOFFMAN o6/14/ oo2 Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - NOT FOUND · ~RSE NO: 2002-02779 P C~MMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOME LOANS I VS RHOADES BRIAN E JR ET AL 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 RHOADES BRIAN E JR unable to locate Him COMPLAINT - MORT FORE but was in his bailiwick. He therefore returns the the within named DEFENDANT , NOT FOUND , as to , RHOADES BRIAN E JR PER NEIGHBOR THEY ARE LIVING WITH GRANDPARENTS. PER POST OFFICE, THEY ARE NOT KNOWN AT ADDRESS GIVEN. Sheriff's Costs: Docketing 18.00 Service 10.35 Not Found 5.00 Surcharge 10.00 .00 43.35 So answers.~ f~g~- /' j.~-~ ~. Thomas Kline ~ Sheriff of Cumberland County SPEAR & HOFFM3LN 06/14/2002 Sworn and subscribed to before me this day of A.D. Prothonotary Exhibit "B" Jun-~4-0Z 03:tlpm From-PLAYERS ASSOCIATION 8382300558 T-957 P.04/0T F-T25 PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan NumDer: WMR-P-669 Attorney Firm. SPEAR & HOFFMAN PENNSYLVANIA Case NumDer- Sul3~ect: BRIAN E & LYNETTE J RHOADES A.K.A-: BRIAN E RHOADES, LYNETTE J KiRKPATRICK Last Kf~own Aadress: 112 N. ENOLA DRIVE ENOLA, PA 17026 Last Known Nurnl3er: (717) 728-9152 MicllaeI t<. Gross. being ¢luiy sworn accaratng to law. aeposes and says: 1. Iarn ernployecl in trte capacity of pmsi(3ent tot Playem National Locator. 2. On 03113/2002. I canCluctea an investi§a[ion into the whereabouts of tl~e above names ¢lefen(lant(s)- The results of my Investigation are as follows: CREDIT iNFORMATION - A. SOCIAL SECURITY NuMBER:200-ES-8079 181-56-5646 B. EMPLOYMENT SEARCH: Unable to locate a good employer for Brian and Lynstte. C. iNQUIRY OI= CREDITORS: The creditors indicatecl that Brian and Lynette are living at 112 N Enoia Drive, Enoia, Pa. 17026 with a home phone nurnhar of 717-72~-g152. iNQUIRY OF TELEPHONE COMPANY - RY ASSISTANCE SEARCH: A. DIRECTO ...... 't-t;"- for Brian and Lynette Rhoades- We contacted The directory assistance n~=, -,, ,,'~ ,,'= 717-728-~)152 and spoke with a relative who stated Brian and Lynette are both living at 112 N Enoia Drive, Enoia, Pa. 17025. iNQUiRY OF NEiGI-IBORS - NIA INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS uPDATE: As of March 12, 2002 the National Change of Address (NCOA) has no change for Brian and Lynette from 112 N Enola Drive, Enoia, Pa. 17026. MOTOR VEHICLE REGISTRATION - A MOTOR VEHICLE & DMV OFFICE. The Pennsylvania Department of Drivers LiCensing has Brian and Lynet~e listed at 112 N Enola Drive, Enola, Pa. 17026. OTHER iNQUIRIES - A. DEATH RECORDS: As of March 12, 2002 the social Security Adrninistration has no death records on fils for Brian E and Lynette J Rl~oadas and or a.k.a.'s under their social security numbers. Jun-Z4-OZ 03:11pm From-PLAYERS ASSOCIATION 636Z300558 T-957 P.05/0T F-?Z5 'B. PUBLIC LICENSES ( PILOT, REAL ESTATE. ETC- ): NOne Found C. COUNT~ VOTER REGISTRATtON: The Voters Registrafian Office has Brian and Lynette listed at 112 N Enola Drive, Enola, Pa. 17025. AIDDtTIONAL tNFORMATtON ON SUI~JF.-CT - A DATE OF BIRTH. I~l'Jan I)1151 k BLffC - ' '" PlayerS National Locator ~13 Old State Road. Suite 304 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 2300558 BY: THOMAS J. HORNBECK, ESQUIRE ATTORNEY I.D. NO. 80057 1020 NORTH KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (609) 755-1560, FAX (609) 755-1570 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANT(S) COURT OF COMMON PLEA 200Z CUMBERLAND COUNTY DOCKETNO. 02-2779-CIVIL TERM ORDER AND NOW, this ~'''n/t day offS_, 200~pursuant to Plaintiff's Motion for Special Service and accompanying Memorandum of Law in Support thereof, it is hereby ORDERED that Plaintiffs Motion is hereby GRANTED; Service shall be deemed proper upon the following methods: certified and regular mail at last known address Posting Property located at: 112 NORTH ENOLA DRIVE ENOLA, PA 17025 Other, as required by the Court: It is further ORDERED that all subsequent pleadings shall be deemed properly served upon defendants by the above methods of Service or the methods of service as prescribed by Rule 440 of the Pennsylvania Rules of Civil Procedure regarding service of legal papers other than original process without further application to this Court for allowance ors SHERIFF'S RETURN CASE NO: 2002-02779 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOME LOANS VS RHOADES BRIAN E JR ET AL - REGULAR ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within NOTICE AND COMPLAINT IN was served upon RHOADES BRIAN E JR the law, DEFENDANT , at 0019:00 HOURS, at 112 NORTH ENOLA DRIVE ENOLA, PA 17025 POSTED PROPERTY AT ADDRESS a true and attested copy of NOTICE AND COMPLAINT IN MORTGAGE FORECLOSURE on the 8th day of August 2002 by handing to LISTED ABOVE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 POSTING 6.00 Surcharge 10.00 .00 44.35 Sworn and Subscribed to before me this ~2~4 day of ~,~ ~:,2 ~ A.D. ~bz~ot honot ary ~ So Answers: R. Thomas Kline 08/09/2002 SPEAR & HOFFMAN By: ~D~puty Sheriff- SHERIFF'S RETURN - REGULAR CASE NO: 2002-02779 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOME LOANS I VS RHOADES BRIAN E JR ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE & COMPLAINT IN was served upon RHOADES LYNETTE J the DEFENDANT , at 0019:00 HOURS, on the 8th day of August , 2002 at 112 NORTH ENOLA DRIVE ENOLA, PA 17025 POSTED PROPERTY AT ADDRESS by handing to LISTED ABOVE a true and attested copy of NOTICE & COMPLAINT IN MORTGAGE FORECLOSURE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 POSTING 6.00 Surcharge 10.00 .00 22.00 Sworn and Subscribed to before me this ~ day of ~ro~thonotary So Answers: R. Thomas Kline 08/09/2002 SPEAR & HOFFMAN SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF LOAN//5004740105 WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. 9451 CORBIN AVENUE PO BOX 1093 NORTHRIDGE, CA 91324-1093 PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES 112 NORTH ENOLA DRIVE ENOLA, PA 17025 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET 02-2779-CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment IN REM in the amount of $47,445.71 in favor of the Plaintiff and against the defendant(s), jointly and severally, for failure to file an answer to Plaintiff's Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiff's damages as follows and calculated as stated in the Complaint: Principal of. mortgage debt due and unpaid Interest at 7~% from JUNE 1, 2001 to APRIL 8, 2003 (677 days @ $7.24 per diem) Late charges Other Fees Advance Balance Attorney's Fees (As stated in Complaint) TOTAL AMOUNT DUE Attorney for Plaintiff $37,755.75 $4,901.48 $114.19 $15.20 $1,829.59 $2,829.50 $47,445.71 AND NOW; judgment is entered in favor of the Plaintiff and against the Defendant(s) and damages are assessed as above in the sum of $47,445.71 PRO PROTm' CS: 'T2 t ~' BY: THOMAS J. HORNBECK, ESQUIRE ATTOP,_NEY I.D. NO. 80057 1020 NORTH KINGS HIGHWAY SUITE 210 CHERRY HILL, NEW JERSEY 08034 · (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF, LOAN NO.: 5004740105 WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN' FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-2779 NOTICE To: LYNETTE J. RHOADES 112 NORTH ENOLA DRIVE ENOLA, PA 17025 Date of Notice: AUGUST 28, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP: Cumberland County Bar Association 2 Liberty Avenue At~mey for Plaintiff ESQUIRE THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-2779 CERTIFICATION OF MAILING NOTICE PURSUANT TO RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to file a Praecipe for the Entry of Default Judgment was mailed to Defendant(s) and to his, her or their attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe for the Entry of Judgment. A tree and correct copy of each Notice is attached hereto, sent as stated. Dated: AUGUST 28, 2002 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 FAX (856) 755o1570 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-2779 CERTIFICATION OF MAILING NOTICE PURSUANT TO RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to file a Praecipe for the Entry of Default Judgment was mailed to Defendant(s) and to his, her or their attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe for the Entry of Judgment. A true and correct copy of each Notice is attached hereto, sent as stated. Dated: AUGUST 28, 2002 SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-2779-CIVIL TERM CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. 9451 CORBIN AVENUE PO BOX 1093 NORTHRIDGE, CA 91324-1093 and that the last known address(es) of the judgmem debtor (Defendam (s)) is (are): BRIAN E. RHOADES JR 112 NORTH ENOLA DRIVE ENOLA, PA 17025 LYNETTE J. RHOADES 112 NORTH ENOLA DRIVE ENOLA, PA 17025 BY: SP{EAR &//I-IOFFMAN, P.A. LAUR~ENCE R.' CHASHIN, ESQUIRE SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-2779-CIVIL TERM CERTIFICATE OF SERVICE We, Spear and Hoffman, P.A., Attorney for the Plaintiff, hereby certify that we have served by first class mail, po'stage prepaid, tree and correct copies of the attached papers upon the following person(s) or their attorney of record: BRIAN E. RHOADES JR AND LYNETTE J. RHOADES 112 NORTH ENOLA DRIVE ENOLA, PA 17025 Date mailed: BY: SPEAR & HOFFMAN, P.A. · CHASHIN, ESQUIRE SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-2779-CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE LAURENCE R. CHASHIN, ESQUIRE, being duly sworn according to law, deposes and says that he is attorney for Plaintiff in the above-captioned matter, that he makes this Affidavit on Plaintiff's behalf, and that the statements in this Affidavit are true to the best of his knowledge, information and belief. Defendant, BRIAN E. RHOADES JR AND LYNETTE J. RHOADES, is over 21 years of age. His last employment is unknown. Defendant is not in the military service of the United States as contemplated by the Soldiers' and Sailors' Civil Relief Act, as amended. This Affid~avit is made in connection with the judgment upon a note and mortgage secured upon the premises located at 112 NORTH ENOLA DRIVE, ENOLA, PA 17025. SWORN TO AND SUBSCRIBED BEFORE M,E THIS %ff_g DAY OF /d ~';'/ . BY: LAU~E R. CHASHIN, ESQUIRE April 8, 2003 DONNA M. LUPO Notary Public of New Jersey My Commission Expires February 22, 2005 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LAWRENCE E. WELKER Prothonotary TO: BRIAN E. RHOADES JR 112 NORTH ENOLA DRIVE ENOLA, PA 17025 WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-2779-CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has bee~ entered against you in the above proceeding as indicated below: X Judgment by Default Money Judgment Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LAURENCE R. CHASHIN, ESQUIRE at this telephone number: (856) 755-1560 Law Offices Spear and Hoffman, P.^. lrvine C. Spear (2022-2076) April 8, 2003 PROTHONOTARY' S OFFICE CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 BRIAN E.i RHOADES JR AND LYNETTE J. RHOADES LOAN NO.: 5004740105 FILE NO.: WMR-P-669 To Whom It May Concern: Enclosed please find original and one copy of Certification of Service of Notice of Sheriff's Sale. Please file original and return time stamped copy in the enclosed self addressed stamped envelope. LC/hck Sincerely, Laurence R. Chashin, Esquire NJ/PA 1020 N. Kings Highway, Suite 210, Cherry Hill, NJ 08034 (856)755-1570 Fax (856)755-1570 SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NJ 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF, S & H FILE NO. WMR-P-669, LOAN NO. 5004740105 WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-2779-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that on the ? ';~day of.J~fr-, '/ , 20 O.~ I have served a true and correct copy of the Notice of Sheriff's Sale on all parties named herein at the address listed below by first class mail and Certified U.S. mail pursuant to signed Order of Court for Motion for Special Service attached as Exhibit "A" BRIAN E. RHOADES JR. AND LYNETTE J. RHOADES 112 NORTH ENOLA DRIVE ENOLA, PA 17025 SPEAR & HOFFMAN, P.A. LAU'i~ENCE R. CHASHIN, ESQUIRE Attorney for Plaintiff Exhibit "A" NJ/PA 1020 N. Kings Highway, Suite 210, Cherry Hill, NJ 08034 (856)755-1570 Fax (856)755-1570 Al IUKNBY i.Lh P~U. ~SUU5 / 1020 NORTH KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (609) 755-1560, FAX (609) 755-I 570 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, vs. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKETNO. 02-2779-CIVIL TERM ORDER AND NOW, this ~b"~. day of__j~, 200Z, pursuant to Plaintiffs Motion for Special Service and accompanying Memorandum of Law in Support thereof, it is hereby ORDERED that Plaintiff's Motion is hereby GRANTED; Service shall be deemed proper upon the following methods: certified and regular mail at last known address fPosting Property located at: 112 NORTH ENOLA DRIVE ENOLA, PA 17025 Other, as required by the Court: It is further ORDERED that ail subsequent pleadings shall be deemed properly served upon defendants by the above methods of service or the methods of service as prescribed by Rule 440 of the Pennsylvania Rules of Civil Procedure regarding service of legal papers other than original process without further application to this Court for allowance ofs J. In Testh'nony whereof, I here unto set my hand andre seal of ~id~ourt at Carlisle, Pa. "~' Law Offices Spear and Hoffman P.A. Irvine C. Spear (2022-2076) April 8, 2003 PROTHONOTARY' S OFFICE CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 BRIAN E.i RHOADES JR AND LYNETTE J. RHOADES LOAN NO.: 5004740105 FILE NO.: WMR-P-669 To Whom It May Concern: Enclosed please find original and one copy of Certification of Service of Notice of Sheriffs Sale. Please file original and return time stamped copy in the enclosed self addressed stamped envelope. LC/hck Sincerely, Laurence R. Chashin, Esquire NJ/PA 1020 N. Kings Highway, Suite 210, Cherry Hill, NJ 08034 (856)755-1570 Fax (856)755-1570 SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NJ 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF, S & H FILE NO. WMR-P-669, WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANT(S) LOAN NO. 5004740105 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-2779-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that on the ~/~ dayof 99~/')r, 7 ,20 O5 I have served a true and -/ correct copy of the Notice of Sheriffs Sale on all parties named herein at the address listed below by first class mail and Certified U.S. mail pursuant to signed Order of Court for Motion for Special Service attached as Exhibit "A" BRIAN E. RHOADES JR. AND LYNETTE J. RHOADES 112 NORTH ENOLA DRIVE ENOLA, PA 17025 SPEAR & HOFFMAN, P.A. LAU'i~ENCE R. CHASHIN, ESQUIRE Attorney for Plaintiff Exhibit "A" NJ/PA 1020 N. Kings Highway, Suite 210, Cherry Hill, NJ 08034 (856)755-1570 Fax (856)755-1570 Al IU~CINI~.¥ I.JL). ~NU. ~UU3/ 1020 NORTH KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (609) 755-1560, FAX (609) 755-1570 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANT(S) COURT OF COMMON PLEA CUMBERLAND COUNTY DOCKET NO. 02-2779-CIVIL TERM ORDER AND NOW, this ~'"~ day of_j~_, 200,,fi,, pursuant to Plaintiffs Motion for Special Service and accompanying Memorandum of Law in Support thereof, it is hereby ORDERED that Plaintiffs Motion is hereby GRANTED; Service shall be deemed proper upon the following methods: certified and regular mail at last known address f Posting Property located at: 112 NORTH ENOLA DRIVE ENOLA, PA 17025 Other, as required by the Court: It is further ORDERED that all subsequent pleadings shall be deemed properly served upon defendants by the above methods of service or the methods of service as prescribed by Rule 440 of the Pennsylvania Rules of Civil Procedure regarding service of legal papers other than original process without further application to this Court for allowance of J. Itl Testimony whoreqf, I here unto set my hand IndUe ~al of said~ourt at Carlisle, Pa. '~' SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NJ 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF, S & H FILE NO. WMR-P-669, WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANT(S) LOAN NO. 5004740105 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-2779-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that on the ? 9/~ day of )~/or-, 7 ,20 O3 I have served a true and '/ correct copy of the Notice of Sherift~s Sale on all parties named herein at the address listed below by first class mail and Certified U.S. mail pursuant to signed Order of Court for Motion for Special Service attached as Exhibit "A" BRIAN E. RHOADES JR. AND LYNETTE J. RHOADES 112 NORTH ENOLA DRIVE ENOLA, PA 17025 SPEAR & HOFFMAN, P.A. BY: LAU"EEqxICE R. CHASHIN, ESQUIRE Attorney for Plaintiff Exhibit "A" NJ/PA 1020 N. Kings Highway, Suite 210, Cherry Hill, NJ 08034 (856)755-1570 Fax (856)755-1570 Al IUKNb¥ I.LL NU. ~UUbl 1020 NORTH KINGS HIGHWAY, SUITE CHERRY HILL, NEW JERSEY 08034 (609) 755-1560, FAX (609) 755-I 570 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKETNO. 02-2779-CIVIL TERM ORDER AND NOW, this ~[~'~' day of_j~, 200_.~, pursuant to Plaintiff's Motion for Special Service and accompanying Memorandum of Law in Support thereof, it is hereby ORDERED that Plaintiff's Motion is hereby GRANTED; Service shall be deemed proper upon the following methods: certified and regular mail at last known address f Posting Property located at: 112 NORTH ENOLA DRIVE ENOLA, PA 17025 Other, as required by the Court: It is further ORDERED that all subsequent pleadings shall be deemed properly served upon defendants by the above methods of service or the methods of service as prescribed by Rule 440 of the Pennsylvania Rules of Civil Procedure regarding service of legal papers other than original process without further application to this Court for allowance ?RUE COPY FROM RF. CORD In Testimony whereqf, I here unt.o set my hand and,flae ~e~l of saidJ::ourt at Carhsle, Pa. ,'./' ....... Protbnota~ ~" I SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-2779-CIVIL TERM CERTIFICATION LAURENCE R. CHASHIN, ESQUIRE, hereby verifies that she is the attorney for the Plaintiff in the aboVe captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) ( ) ( ) (x) an FHA mortgage non-owner occupied vacant Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. Attorney for Plaintiff SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.02-2779-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LYNETTE J. RHOADES 112 NORTH ENOLA DRIVE ENOLA, PA 17025 Your house (real estate) at: 112 NORTH ENOLA DRIVE ENOLA, PA 17025 is scheduled to be sold at Sheriff's Sale on SEPTEMBER 3, 2003at: CUMBERLAND COUNTY COURTHOUSE 2ND FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $47,445.71obtained by WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than OCTOBER 3, 2003. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. . SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.02-2779-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BRIAN E. RHOADES JR 112 NORTH ENOLA DRIVE ENOLA, PA 17025 Your house (real estate) at: 112 NORTH ENOLA DRIVE ENOLA, PA 17025 is scheduled to be sold at Sheriff's Sale on SEPTEMBER 3, 2003 at: CUMBERLAND COUNTY COURTHOUSE 2ND FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $47,445.71 obtained by WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. Y°u have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. ~ 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than OCTOBER 3, 2003 This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.02-2779-CIVIL TERM ~CERTIFICATION AS TO THE SALE OF REAL PROPERTY I hereby c,ertify that I am the Attorney of record for the Plaintiff in this Action against Real Property and further certify this property is: [ ] FHA - Tenant Occupied or Vacant [ ] Commercial [ ] AS a result of a Complaint in Assumpsit [ X ] That the Plaintiff has complied in all respects with Section 403 of the Mortgage assistance Act including but not limited to: (a) (b) (c) (d) Service of notice on Defendant(s) Expiration of 30 days since the service of notice Defendant(s) failure to request or appear at meeting with Mortgagee or Consumer Credit Counseling Agency De~fendant(s) failure to file application with Homeowners Emergency Assistance Program. I further agree to indemnify and hold harmless the Sheriff of CUMBERLAND County for any false statement given herein. AU"RE-NCE R. CHASHIN, ESQUIRE Attorney for Plaintiff CERTIFICATE TO THE SHERIFF SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. : COURT OF COMMON PLEAS VS. : NO.02-2779-CIVIL TERM BRIAN E. RHOADES JR AND LYNETTE J. RHOADES : I HEREBY CERTIFY THAT The judgment entered in the above matter is based on an action: B. X C. D. In Assumpsit (Contract) In Trespass (Accident) In Mortgage Foreclosure On a note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The defendant(s) own the property being exposed to sale as: X Ao C. D. E. F. An individual Tenants by the Entireties Joint tenants with right of survivorship A partnership Tenants in Common A corporation III. The defendant(s) is (are): X Resident in the Commonwealth of Pennsylvania Not resident in the Commonwealth of Pennsylvania If more than one defendant and either A or B above not applicable, state which defendants are residents of the Commonwealth of Pennsylvania. Residents: Phone No. (856) 755-1560 Name: Signature: Address: LAURENCE R. CHASHIN, ESQUIRE 1020 N. Kings Highway, Suite 210 Cherry Hill, N.J. 08034 SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-2779-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A., Plaintiff in the above action, by its attorney, LAURENCE R. CHASHIN, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 112 NORTH ENOLA DRIVE, ENOLA, PA 17025: 1. Name and address of Owner(s) or Reputed Owner(s): BRIAN E. RHOADES JR 112 NORTH ENOLA DRIVE ENOLA, PA 17025 LYNETTE J. RHOADES 112 NORTH ENOLA DRIVE ENOLA, PA 17025 Name and address of Defendam(s) in the judgment: BRIAN E.~ RHOADES JR 112 NORTH ENOLA DRIVE ENOLA, PA 17025 the real LYNETTE J. RHOADES 112 NORTH ENOLA DRIVE ENOLA, PA 17025 Name and last known address of every judgment creditor whose judgmem is a record lien on property to be sold: MANUFACTURER'S AND TRADERS TRUST COMPANY 3815 SOUTHWEST TEMPLE SALT LAKE CITY, UT 84115 REF# 2001-03317 4. Name and address of the last recorded holder of every mortgage of record: WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. 9451 CORBIN AVENUE PO BOX 1093 NORTHRIDGE, CA 91324-1093 HERSHEY BANK 651 EST PARK DRIVE SPRINGCREEK BUSINESS CENTER HARRISBURG, PA 17111 FIRST CONSUMERS MORTGAGE CORPORATION 1656 NORTH CALIFORNIA, SUITE 200 WALNUT CREEK, CA 94596 CONTI MORTGAGE CORPORATION 701 S. PARKER STREET, SUITE 7400 ORANGE, CA 92828 o Name and address of every other person who has any record lien on the property: NONE 6. Name and iaddress of every other person who has any record interest in the property and whose interest may be affected by the sale: DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH CUMBERLAND COUNTY TAX CLAIM BUREAU I COURTHOUSE SQUARE CARLISLE, PA 17013 CAROLYN MCQUILLEN TAX COLLECTOR 1044 PINE ROAD CARLISLE, PA 17013 COMMOI~WEALTH OF PENNSYLVANIA INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT(S)/OCCUPANT(S) 112 NORTH ENOLA DRIVE ENOLA, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904 relating to unsworn falsification to authorities. SPEAR & HOFFMAN, P.A. LAURE--'I~CE R. CHASHIN, ESQUIRE Attorney for Plaintiff ; VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES IN THE coURT OF C~RLAND COUNTY pENNSYLVANIA IN THE COUKt or ...... ~ pRAECIPE FOR wRIT OF EXECUTION WASHINGTON MUTUAL HOME LOANS [NC, FORMERLY KNOWN AS pNC MORTGAGE, ATTORNEY : ( ) Confessed judgment IN FACT FOR pNC BANK, N.A. : ( ) Other File No.~ Amount Due~ Interest~ Atty's Corem_ Costs. THE pROTHONOTARY OF THE sAID CouRT: priate original proceeding filed TO The undersigned hereby certifies that the below does not arise out of a~tail installment sale, co?tact, or account amended; and for real property pursuant to Act 6 of 1974 as amended· based on a confession of judgment, but if it does, it is based on the app County, for pursuant to Act 7 of~1966 as. ' he above matter to the Sheriff of ~ of execution In t of the defendant(s) · , n-ed nroperty Issue writ ~ C,.llc~win~ oescrm v debt, interest and costs upon ttl~ ....... ~NOLADRIVE ENOLA PA 1/025 ~R ATTACHMENT EXECUTION County, for debt, interest f~owing property (if real · attachment to the Sheri.ff o~ personalty list) Issue writ of ....... ~, ,,, ,, .... ----- ~ costs, as above, directing attacnmem au .......... and ~ estate, supply six copies of the description; supply four copies of lengthy and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s)- ~Ondicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit' e.~~~~/~ ~~~'~ Signatur DATE:~ A ril 8 2003 Print Name:~k~~~~~~ Address: 1020 N. Kin s Hi wa Suite 210 Che Hill N.J. 08034 Atto ey for: rs FACT MORTL/AtJr~ A. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-2779 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Washington Mutual Home Loans Inc. Formerly Known as PNC Mortgage, Attorney in Fact for PNC Bank, N.A. Plaintiff (s) From Brian E. Rhoades Jr. and Lynette J. Rhoades (1) You are directed to levy upon the property of the defendant (s)and to sell 112 North Enola Drive, Enola, PA 17025. (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 disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS47,445.71 Interest $1,154.40 Atty's Comm % Atty Paid $202.70 Plaintiff Paid Date: April 10, 2003 (Seal) REQUESTING PARTY: Name Laurence R. Chashin, Esq. Address: 1020 N. Kings Highway, Suite 210 Cherry Hill, N.J. 08034 Attorney for: Plaintiff Telephone: 856-755-1560 Supreme Court ID No. 77558 L.L.$.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary Deputy OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LAWRENCE E. WELKER Prothonotary TO: LYNETTE J. RHOADES 112 NORTH ENOLA DRIVE ENOLA, PA 17025 WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-2779-CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: X Judgment by Default Money Judgment Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LAURENCE R. CHASHIN, ESQUIRE at this telephone number: (856) 755-1560 SPEAR & HOFFMAN, P.A. 'LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NJ. 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. 02-2779-CIVIL TERM BRIAN E. RHOADES JR AND LYNETTE J. RHOADES Defendant CERTIFICATION OF NOTICE TO LIEN HOLDERS PURSUANT TO PA R.C.P. 3129.2 (C) (2) I, LAURENCE R. CHASHIN, ESQUIRE, Attorney for Plaimiff, hereby certify that Notice of Sale was served on all persons appearing on Plaintiff's Affidavit pursuant to PA R.C.P. 3129.1, by United States mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached as Exhibit "A". The undersigned understands that the statemems herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SPEAR & HOFFMAN, P.A. Exhibit "A" Spear & Hoffman, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE Attomey I.D. No. 77558 1020 N. Kings Highway, Suite 210 Cherry Hill, NJ 08034 (856) 755-1560 Attorney for Plaintiff, S & H FILE NO. WMR-P-669, Loan No. CONVENTIONAL WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. RHOADES DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-2779-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that on the 10__ day of APRIL_, 2003 I have served a true and correct copy of the Notice of Sheriff's Sale on all parties named herein at the address listed below by first class mail and Certified U.S. mail pursuant to signed Order of Court for Motion for Special Service attached as Exhibit "A" LYNETTE J. RHOADES BRIAN E. RHOADES JR. 112 NORTH ENOLA DRIVE ENOLA, PA 17025 SPEAR & HOFFMAN, P.A. BY: LAU-'RENCE R. CHASHIN, ESQUIRE Attorney for Plaintiff Exhibit "A" Al IUKNB¥ I.L). ~L). ~UU~/ 1020 NORTH KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (609) 755-1560, FAX (609) 755-1570 ATTOP,.NEY FOR ?LAINTIFF WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, N.A. PLAINTIFF, VS. BRIAN E. RHOADES JR AND LYNETTE J. R.HOADES DEFENDANT(S) COURT OF COMMON PLEA)~~N Z ~ 200~ CUMBERLAND COUNTY- DOCKETl',10. 02-2779-CIVIL TERM ORDER AND NOW, this ~'"'~ day of_lJ~t~, 200,,,~, pursuant to Plaintiffs Motion for Special Service and accompanying Memorandum of Law in Support thereof, :it is hereby ORDERED that Plaintiffs Motion is hereby GRANTED; Service shall be deemed proper upon the following methods: certified and regular mail at last known address Posting Property located at: 112 NORTH ENDLA DRIVE ENOLA, PA 17025 Other, as required by the Court: It is fu'rther ORDERED that all subsequent pleadings shall be deemed properly served upon defendants by the above methods of service or the methods of service as prescribed by Rule 440 of the Pennsylvania Rul_e~.of Civil Procedure regarding service of legal papers other than original process without further application to this Court for allowance of.sp~ J. TRUE COlbY FROM R .CORD ltl Tes'timony whereof, I here unto set my hand andre ~ai of said ~ourt at Carlisle, Pa. 0 I= (I) r~r~[ .o I I'U I-'1 rL.I I-ri , Z © ,4) 0 Washington Mutual Home Loans, Inc. f/k/a PNC Mortgage, Attorney in Fact for PNC Bank, N.A. VS Brian E. Rhoades Jr. and Lynette J. Rhoades In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-2779 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Laurence Chashin. Sheriff's Costs: Docketing 30.00 Poundage 14.29 Posting Bills 15.00 Advertising 15.00 Mileage 11.04 Levy 15.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Certified Mail 16.07 Law Journal 307.25 Patriot News 244.54 Share of Bills 28.90 $ 728.59 paid by attorney 8/27/03 Sworn and subscribed to before me This ,~,~t dayof .<~..~.. 2003, A.D,(~. ~ '~h,?,~-.~.~ Prothonotary R. Thomas Kline, Sheriff THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss ,Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established Mamh 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. CO PY ;worn to ~ubscribed" ' ' '~Z--"-b,fo, .~"~is 13th day o)/Au~.~003 A.D. v Notadal Sea MyCa~mi~e~ExplmsJune6,2006 I N(~TARY PUBLIC Membe~'Penn~va~Ass°ct~O~e~ly commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COLINTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 242.79 $ 1.75 $ 244.54 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 18, 25, 2003 AUGUST 1, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE KALE NO. 6 Writ No. 2002-2779 Clv/l Washh~gton Mutual Home Loans, Inc., f/k/a PNC Mortgage. Attorney in Fact for PNC Bank. N.A. VS. Brian E. Rhoades. Jr. and Lynette J. Rhoades Atty.: Laurence Chashin ALL THAT CERTAIN piece or par- cel of land. situate in the East Penns- bom T~mship, Cumber]and County. Permsylvanla, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Prof. Eng.. dated February 2. 1971 as follows: BEGINNING at a point on the eastern line of North Enola Drive, said point being 140 feet North of the northern end of a curve which connects the eastern line of North Enola Drive and the northern line of Perry Street; thence along the eastern line of North Enola Drive North 10 degrees 20 minutes West 29,294 feet to a point of curve; thence continuing along the eastern line of North Enola Drive in a north- erly direction on a curve to the right. having a radius of 302 feet, for the arc distaxlce of .706 of a foot, to a point opposite the center of the par- tltion wall dividing houses Nos. 112 and 114 North Enola Drive: thence along the premises known as 114 North Enola Drive and passing through the center of said partition wall North 79 degrees 40 minutes East 115 feet to a point: thence South l0 degrees 20 minutes East 30 feet to a corner_of land nor or SWORN TO AND SUBSCRIBED before me this I day of AUGUST, 2003 thereof made by Ernest d. Pro[. Eng.. dated Februmy 2, 1971 as follows: BEGINNING at a point on the eastern line of North Enala Drive, said point being 140 feet North of the northern end of a curve which connects the eastem line of North Enola Drive and the northern line of Perry Street; thence along the eastern line of North Enola Drive North 10 degrees 20 irdnutes West 29.294 feet to a point of curve; thence continuing along the eastern line of North Enala Drive in a north~ erly direction on a curve to the right, having a radius of 302 feet, for the arc distance of .706 of a foot. to a point opposite the center of the par tition wall dividing houses Nos. 112 and 114 North Enola Drive; thence along the premises known as 114 North Enola Drive and passing through the center of said partition wall North 79 degrees 40 minutes East 115 feet to a point; thence South 10 degrees 20 minutes East 30 feet to a corner of land nor or late of C. Alan Hale known as I10 North Enala Drive; thence along said land South 79 degrees 40 minutes West 115 feet to a point and place of beginning. HAVING thereon erected a south- ern haft of a two story frame double dwelling known as No. 112 North Enola Drive, Enola, PA 17125. BEING the same premises con- veyed unto Brian E. Rhoades. Jr. and Lynette J. Rhoades, mortgag ors herein, by deed dated May 25. 1993 and recorded May 28,1993, in Deed B~ok 36-H, Page 715, from Mural S. Murray, Grantor herein. PROPERTY ID NO.: 09* 236.