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HomeMy WebLinkAbout02-4432FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION WELLS FARGO HOME MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217-2407 V. Plaintiff TERM NO. cJ;- /t6v? CUMBERLAND COUNTY MARY ELLEN HOFFECKER 3521 BEECH RUN LANE MECHANICSBURG, PA. 17055 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:8130871 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is WELLS FARGO HOME MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217-2407 2. The name(s) and last known address(es) of the Defendant(s) are: MARY ELLEN HOFFECKER 3521 BEECH RUN LANE MECHANICSBURG, PA. 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 4/24/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1608, Page 671. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 3/1/02 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $134,385.19 Interest 6,460.29 2/1/02 through 9/1/02 (Per Diem $30.33) Attorney's Fees 1,225.00 Cumulative Late Charges 354.73 4/24/00 to 9/1/02 Cost of Suit and Title Search 550.00 Subtotal $142,975.21 Escrow Credit 473.17 Deficit 0.00 Subtotal 473.17 TOTAL $142,502.04 7. 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. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $142,502.04, together with interest from 9/1/02 at the rate of $30.33 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. F RMAN AND PHHEL L By: /s/ anc S. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 116/19/0Z 89:17:85 -> Z15 563 5534 Page 024 a13D671 MIT R ????. s Parcel Number; 10-16-1310-081 PACK-3039-C-1 ROBERT r, ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY-PA '00 APR 28 flM 11 59 [6psce Ahura Me U n For Eaewdloa Data] MORTGAGE THIS MORTGAGE ("Severity inatntment") is given on APRIL 24, 2000 NARY RLLW norvRCRgR, a ETNOLE PERMW ("Borrower'). This Security Llstnlmem is given toNELLE FAROO NOW NDET"03, TMC, which is o%miud and Wading under the laws of THE STATE OF CALIPORNIA address is P.O. FOR 3137, DEB aOI11E9, IA 503065137 The mortgagor is , 2nd whose ("Lender"). Harrower met Lender the principal am of ONE 9UNORID THIRTY EII THOUSAND FIVE X=RED AND 001100 Dollars (U-8:34***136,500.00 This debt is evidenced by Borrower's note dated the same date is this security la3m n am ("Note"), which provides for monthly payments, with the Ode debt, if not paid earlier, due and payable on MY 01. 3030 , This Security hlstmRrnt secures to Leader: (a) the repayment of the debt evidenced by the Note, with interest, and all amerwols, ottensitms end modifications of the Note; (b) the payment of all other sums, with interest. advaneed under paragraph 7 t0 protect the security of this Security Instrument; sad (c) the performance of Borrower's eoveeame and agreemame under this Security lusttument and the Note. For this purpose, Borrower does hereby mortgage, great and Canvey to Lender the following described property located in CME Wa A= County, Pennsylvania: On ATTACHED LEGAL DESCRIPTION TAE OTAT3111411NTS PRODLD SE OEM T0: MELL9 PAM HOME NORTOACE, INC., P.O. 805 5137, DES NOI11F0, TA 503065137 which has the addles of 3521 MOTOR RUN LANE, bMCHANICSSM [Sm t. Clty), Penmylvaaia 17055 IZip Codel ('property Address"); PMN5VLVANIAdlndla 3rn VMA/Rt??MasCP? UNIFORM M Perin 3039 OL•entlFAl ln+a Am W d al 7 II¦? IN ??? hp"+ W) WP 1 '11i11100NNp rnonrdaderdnrra •leomar+asa+ g00K??lgCE ,? 06/19/02 89:1723 -> 215 563 5534 Page 025 TOGETHER WhTH all the improvements now or hereaft erected an the property, and all eesements, appurtenances. sad fixtures now or hercafta a parr of the property. All replacanents and additions shalt Also be covered by this Security Inammem, All of the foregoing u referred to in this Security tnw„mIM„ s the "Property," BORROWER COVENA the Borrower is lawfully seised of the estate hereby conveyed aid has the rips m mortgage, grant and convey the Property and that the, Property Is unencumbered, except for encumbrances of record. Borrower warrants and will defend jj__e10??[?a?ll?y the title to the Property against all claims and demtaads, subject to any encumbrances of record. THIS SECURITY INSTRUMENT eombhee uniform covenants for national use and non•ualform covenant with limited variations by Jurisdiction to consdr w a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and lender covenant and agree to follows: 1. Payromt d Principal and,Idaraly Prepayment and We Charmse. Borrower oW promptly pay when due the pair pal of and interest ea cite debt avldmosdd by the Noce and say prepayment and late charge; due under rime Note. 2_ Man t far laces cud fnauame. Subject to appikable law or w a written walver by Linda, Borrower obeli pay w Lender on the clay mmuhly payments am due ender 11te Now, uwll the Note is paid in fall, a sutra ('Ptnde") far: (a) yearly WA and assessments which may amain priority over this Security lostarmew a x lira in the Property; (b) Yearly hembold payments or ground tam no the Property. if say: (c) yearly Wasp or It y ianuamx premiums: (d) yearly flood Insurance premiums. If any, (e) yearly mortgage insurance prendumn. If aty: and ( my era. payable by Borrower to Lender, in aacmdum whh the provlslons of paragraph 8, in lieu of the payment of mortgage insurance premium. Theae its= are called 'Barrow Its".' Leader may, at any rime, collect and hold Funds in an amount rout to exceed the maxlmem amount a leader for a federally tilted mortgage Ism may require for Borrower's eavow account under the federal Real Estate Seulemm[ Procedures Act of 1974 a ammemiod from time to tiara, 12 U.S.C. Section 2601 at arq. ('RESPA"), unlace another law duct applies to the Funds am a lesser mount. If so, Leader may, at any time, collect and hold Putds In in amount not to encead the leaser amount. Lander may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of firtare Escrow Items or otherwise in accordance with applicable low. The Funds aheil be held in dm institution whose deposits age Insured by a federal agency, faecromenuUsy, or Amity (Includint Lander, if Lender is such as insdtationO of in any Federal Home Loin Bank, lender shall apply the Fends to pay the Escrow Items. Lender may not charge Borrower for heldimg and applying the Funds, amually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower Interest on the FUU& and applicable law permits Linderto soaks arch a charge. However, Lender may require Borrower to pay a one-time charge for an independent deal saute tax reporting service used by Lender in acrundon with this loan, mules, appliable law provides otherwise. Unless in alfreemest is made or applicable mw requires interest to be paid, Larder Milt not be required to pay Burrower any interest or earnings on the Funds. Borrower and ladder may agree In writing, however, that lowest shall be paid on the Funds. Lender shall give to Borrower, without charge, in sum ed accounting of the Funds. snowing credits and debits to the Funds and to purpose for which each debit to the the Rune held made. The Punds the ao unu permitted mo b socurliy for all sums secured t by this Security UM to to Borrower by Lander exceed laid by applicable law, larder shell aecoun[ rower for the excess punch in accordance with the requtremeaa of applicable law. If the amount of the Funds hold by Larder at any tux is not sufficient m pay the Escrow Items when due, Ltmder may a) notify Harrower in writing, and, in such asso Borrower shall pay to lender die amount necessary to make up the deficiency. Borrower shall mute up the deficiency In no more than twelve monthly payments, it Lender's ode discretion. Upon payment in dill of all Burro secured by this Security Instrument, Leader shall promptly rufand to Borrower any Funds held by Lander. If, under paragraph 21, Leader shall acquire or sell the property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds hold by Lender at the time of acquisition or gale as a credit agdoat the am secured by this Security Instrument. 3. Applleatiom of Payments. Unless applicable law provides otherwise, all payments mceivd by Leader under paragraphs I and 2 shall be applied: first, to say prepayment charges due under the Note; second, to ameumu payable under paagrvh 2: third, to interest due; fourth, to principal due; and last, to any late chugs due under the Note. 4. Chugs; Liam. Borrower shall pay ell taxes, assessments, charges, flees and impositions amributable to the Property which may stain priority over this Security Instrument, and leshold payments or ground rents, if any. Borrower shall ply these obligations In the manner provided In paragraph 2, or if ,rot paid in that mameer, Borrower shall pay them an time directly to the parson owed payment. Borrower shall promptly furnish to Leader all notices of amounts to be paid under this paragraph. If Borrower makes these payments direcdy, Borrower chill promptly famish to Lender receipts evidencing the payment. 4WORMAI tM,a sew 2 W l wd.1 4. 1 Form 9930 0190 BOOK1608 PX( xM 06/19/02 89:18:81 -> 215 563 5539 Page 0Z6 Borrower shall promptly discharge any lien which has priority over this Security lortrurnent unless Bonnwe (a) agrees in writing to rite payment of the obligation secured by the Ilen in a manner acceptable to Lender. (b) canteens in good faith the lien by, or defends against etforcanteot of the lien in, legal proceedings which in the Larder's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agrewtern sadifectory to Lender subordinating the Ben to tide Security hatnmant. If Leader daemtites that any part of the Property is objet to a Ben which may attain priority over this Security Instrument, Leader may live Borrower a docks ldemtifying the lien. Borrower shall satisfy, the lien or take one or more of the actions as forth above within 10 days of the giving of notice. S. Missend or Property laanramea. Borrower shall keep The improvements now edadng or hereaRar masted on the Property !muted against Ions by elm, hazards included within the ratan "extended coverage" and any other hoards, including hoods or flooding. fat which Leader requires Winvace.'this insurance shall be maintained in the smouna and for the periods that Lender requires. The insurance eerier providing the Inewance shall be ehoom by Borrower subject to Leader's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Leads may, a Leader's option. obtain coverage to prorate Lca le^s rights In the Property in accordance with paragraph 7. All Insurance policies std renewals shall be acceptable to Leader and shall Include a standard mortaage clause. Laurier shall have the right to hold use policies and renewals. If I made requites, Borrower shall promptly give to Leader all receipts of paid premiums and renewal nodes. In the event of loan. Borrower shall give prompt notice to the insurance carter end Lender. Lender may stake proof of I= if not made promptly by Borrower. Unless Leda and Borrower otherwise agree in writing. Insurance proceeds shall be "Had to reewratloa or repair of the Property damaged if the xenradon of repair is economically bessible and Lender's security is not hxfered. If the tsetoaadun or repair te not econatnically feasible or Looder's swamity would be lessened, the insurance proceeds shall be applied to the some secured by this Security lnnmamant, whether or not than due, with any excess paid to Borrower. If Borrower sbaadons the Property, or does act answer within 30 days a notice horn Ladder that the insurance carrier has offered to stole a claim, then Leader may called the imurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums samred by this Security hatrrume t, whether or trot then due. The 30-day period will begin when tho notice is given. Unless Lender and Borrowa otherwise agree in writing, sly app iel etion of proceeds to principal shall not extead or postpone the due date of tho monthly payments refired to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pees to Linder to due extent of the sums weaned by this Security Instrument immediately prior m the acquisition. Iwas6.olO Occupancy, thaLrreservation, Maintenance and Protecnoa of the Property: Borrower's Lane Applications occupy. establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall candaue to occupy the Property as Borrower's principal residence for at Ian one Year titter the date of occupancy, ucdcu Leader otherwiu agrees in writing, which consent shell not be tmewtmably withheld, or unless extenuating circumstances exist which arc beyond Borrower's control. Borrower shall not destroy, damage or btipalr the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be to default if any forichum action or proceeding, whether civil or criminal, Is began that in Lender's goad faith judgment could nW. t in forfeiture of the Property or otherwise materially Impair the Ben created by this Security losavnaat or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's Interest In the Property or other material impairment of the lien created by this Security Instrument or Leader's seeadty itttdat. Harrower shall also be in default if Borrower, during the koan application proses, gave materially false or Inaccurate infmoation of statements to Lander (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations oonoerninS Borrower's occupancy of the Property as a principal residence. If this Security Instrument is an a leasetold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee tide to the Property, the leasehold ad die fee title shall not merge unless Leader agrow m the merger in writing. 7. Protection of Lwdar's Rights in the Pmpa ty. If Boarewer fads to perform the covenants and agreements comaimcd in this Security Instrument, or there is a legal proceeding that may significantly affect Leader's rights In the Property (such at a proceeding in baekrupley. Probate, for condemnation or forfeiture or to enforce laws or regulations), then Leader may do and pay for whatever is necessary to protect the value of.the Property and Leader's rights in the Property. Lender's actions may include paying any area secured by a lien which has priority over this Security Instrument, appearing in coact, paying reasonable attorneys' fees sad entering on the Property to make repairs. Although Lender may take aaron ?t paragrapb 7. Lender does not have to do so. MmW WORM) ,ae,a, neap 7 d t form 7090 ergo HoodMO PAw .673 06/19/02 09:18:39 -> 215 563 5539 Page 027 Any amounts disbursed by Lender under this paragraph 7 shut become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender ages to other orate of paymertt, thew amounts shall bear interest from the date of disbursemetd at the Note rate sod ahsil be payable, With Interest, upon actim from Lender to Borrower requesting i nor e. Mortgage Insirsma. if Linder required mortgage insurance as a condition of melting die loan sec umd by this Seassrity Instrument, Bonower &W pay the premium rwgaired to maintain the mortgage Insurance In effect. If, for any reason, the mortgage insurance coverage requited by Leader lapses or eases to be in effect, Borrower shall play the premium; required to obtain coverage substantially equivalent to the mortgage inuaacce previously In effect. at a cat subisntlslly equivalent to the cost to Borrower of the mortgage insurance previously,; in effect, from an alternate mortgage inauter approved by Lender. If substantially equivalent mortgage insurer coverage knot available. Borrower dtdl pay to Lender each month A rum equal to one-twelfth of rho yearly mortgage insurance perms Idq Paid by Borrower when the Insurance coversge lapsed or ceased to be in effect. Iassist will accept we add again bias pa? B a Iosc reserve In lieu of mortgage insurance. Las reserve paymmn may no longer be required. at the option of mortgage insurance Coverage (in the amount and for the period sitar Lender r%quises) pmvldwd by on lastrer approved by Lender again becomes available and is obtained Borrower shall pqy the premiums required to tantrums mortgage insurance In effect, or w provide a loss reserve, meth she requitement for mortgage hunumee ands in sooordsee with any written agrecurc it betwem Borrower and Lender or appliabfe law. 0. 1npection. Lender or is agent rutty eke reasonable entries upon and inspeedoes of the Property. Leader shall give Borrower notice a the time of or prior to an Iolpect, speNfvlna reasonable came for the inspection. 10. Condemnation. The proceeds of sty award or dadlrmrm__for damages, direct or conwincndd, in connection with my conde®ttiou or other nkiog of any put of the Property, or for conveyance in lint of eoadeemstidt, are hereby assigned and ahall be paid to Lender. In the event of a total nkhng of the Property, the proceeds shell be applied to site suae secured by this Security Instrument, whether or not then due, with any eases paid w Borrower. In the event of a partial taking of the property in which the fair market value of the property immediately before the ta'kiag Is egwl to or greeter then the amount of the same mo red by this Security Instrument Imtned A ly before the taking, unless Burrower and Lender otherwise agree in writing, the same secured by this Security Iatrument shall be reduced by the amount of due proceeds multiplied by the following fraction: (a) die coal ammmt of the sums seemed immediately before the t{ddq, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the property Immediately before the taking L Ids then the amount of the at= savred immediately before the taking, unless Borrower and Lender otherwse agree in writing or unless applicable law otherwise provides, the proceeds shaft be Ued to the anon secured by this Security Inawmem whether or cos the rims are then due. If the Property is abandoned by Borrower, or If, after notice by Leader to Borrower that the condemnor offers to make an awed or settle a claim for damps, Borrower tails to respond to Lender within 30 days after the date One notice is given, Lender is authorized to Collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sues secured by this Security Instrument, whether or not tlwn due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone: the due date of the monthly payments referred to in paragraphs I and 2 or oh mpg the amwnns of such paym in s. 11. Borrower Not Rela"- Forbearance By Lander Not a waiver. F.xteawn of the time for payment or modification of amortization of the suns sacuted by this Seemfty Instrument Vented by Lender to any successor in Interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender roll not be required to tattenence proceedings against any successor in interest or rouse co extend time for payment or otherwise modify amorization of the some enured by this Security Instrument by'reason of my demand made by the original Borrower or Borrower's successors in intetrest, Aqy forbearance by Leader in ertreising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. 9nnoeataon mad Asslgme Boned; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit site successors and aesigm of Lender and Borrower, subject to the previsions of pugnpb 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who to-sign this Security Instmuuectt but does not exaule the Note: (a) is caaigtdng this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this security Imirumient; (b) is not potaonaily obligated to pay the sums secured by this Security Instrument: and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the term of dais Security Instrument or the Nate without char Borrower's consent. ?JntPAl ,mein art ?M +/ ram 3036 Nero N el) BOod60EAF 6E sG74 96/19/92 99:19:17 -> Z15 563 5534 Page 9Z9 13. Loan Charges. If the loan secured by this Security btstritmett is subject to a law which sets maximum loin charges, and that law is finally Interpreted w that she lowest or other loan charges callaled or to be collated in connection with the loan exceed the permitted trouts, then: (a) any such Im charge "I be reduced by the amount accessary to reduce the char to the pertained limit: and (b) any sums already collated from Burrower which aesedad permitted limits will be refunded to Borrower. Leader may choose to make this refltnd by reducing the principal owed under the Note or by making a direct payment to Burrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Senrity Instrument shall be given by delivering it or by rmdliag it by firer clan mall unless applicable law requires use of another method. The antics shall be directed to the Property Address or any other address Barower deaigrunss by notice to Lender. Any notice to lender shalt be given by first etas mall to I and 'a Address suted herein or any other Address Lender doignaw by code; to Borrower. Any nudge provided for to this S0tY eal shW be deemed m We been given to Borrower or lender when gives[ At provided in this paragraph. 5 1121 C Lawt iieverabBity. This Security Instrument shall be governed by federal law and the low of the jurisdiction in which eke Property Is loused. In the evbat Shit any prevision or clause of this Security instrument or the Note conflicts with applicable law, such conflict shall ant affect other provWoas of this Savrhy Instrusim or the Note which can be given effect without the conflicting provision. To this and the provisions of this Security Inaauroent and the Note are declared to be severable. 16. Botrumee CM. Harrower shall be given one conformed copy of the More and of this Security Inarument. V. Transfr of the Prop" or a Benefield Indeed In Borrower. If all or any put of the Property or any bnarst in It is sold or transferred (or if a beneficial intomt In Borrower k sold or transferred and Burrower is am a nound pawn) without Lender's prior wriaat consent, Leader may, at Its option. require Immediate payment In tall of all smag secured by this Sacudty Instrument. Howner, this option !hall not be exercised by Leader if atercin is pmmbltod by federal law a of the date of this Security Instrument. If Lender exercises ibis option, Lender shall give Harrower notice of acceleration. The entice shall provide a period of not lase dues 30 dare from the date the nudge is delivered or mailed within which Borrower must pay aL sums secured by this Security lnfnuram d. If Borrower fails to pay these owns prior to the expiration of this period, Lender any Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Rdn"e. If Harrower means certain conditions. Borrower sbell have the right to bave eaforcemem of this Security Instrument dboontinued at any time prior to the culler of: (a) S days (or such other period ad applicable law may specify for reinstatement) before sale of the Property purnuid to arty Power of We amslned in this Security hutrument: or (b) entry of a judo Meet eafiomimig this Security Instrument. Those conditions are that Borrower: (a) pays Leader all sums which then would be dux under this Security Instrument and the Note as If no acceleration had occurred; (b) cum any default of say other covenants or agreements: (c) pays all expenses incurred in enforcing this Security inammew. including, but not limited to, reamible nomeys' Aes; and (d) takes each action as Lender may menonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Bonawcen obligation to pay the am secured by this Security Instrument shell continue unchanged. Upon management by Borrower, this Security Iaaruntant and the obligations secured hereby !halt remain folly effective u if no Acceleration bad owxTcd. However, this right w reinstate shall not apply in the cue of acceleration under paragraph 17. 19. Side of Note: Change of Loan Servieer. Tie Note or a partial interest In the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result is a change in the entity (known s the "Lou Servloer") the collects monthly payments due tinder die Note and this Security Instrument. There also May be one or more changes of tare Loan Servicer unrelated to a ode of the Note. If there is a change of the Loan Setvicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state she as= and address of arc new Luna Servicer and the address to which prymllenns should be made. The notice will also contain sty other inf9tmadpu required by applicable law. Z0. Ressudou s Substances. Borrower shall not cause or pcmtit the presence, use, disposal, storage. or release of any Hezuelous Substances on or in the Property. Borrower !hall not do, nor Allow anyone elite to do, anything Afhstiu the property that is in violation of any Environmental Law. The preceding two sentences shall net apply to the presence, use, or storage on the property of smell quantities of Huardous Substances that are generally recognized to be appropriate to normal residential uses and w matatenance of the property, CL-011tPA) 139121 "r!"! M.0*J - 64 7 Farm 3029 9199 70IMPAW 6'd3 86/19/82 89:19:53 -> 215 563 5534 Page 829 Borrower shall Promptly give Lender written notice of any isveetiption, claim, demand, lawsuit or other action by any governmental or regulatory agency or private forty involving the Property and any Hazardous Substance or Em*oe ntmal Law of which Borrower has actual knowledge. If Borrower.leoms, or is notified by my govamm®W or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property Is necessary. Borrower than promptly halos all ==eery remediw actions in atxbrdence with Envirtinmental Law. As used in this paragraph 20, "Haardous Substames" ate those substances detlned a toxic or hazardous substances by Bnyl o amttl Law and the following substances: gasoline, kerosene. other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, mamdalt containing asbaws or formaldehyde, and radioactive nsteriels. As used in this paragraph 29, "Environmenat Law" means federal laws and laws of the jurisdiction where the Property is located that tease to health, uhty oraavhvnmmtal protection. ' NON-UNIPORM COVENANTS. Borrower and Lender kriber covenant and agree u follows: 21. Aeodastlen; Ramada. Lender skull giro notice to Borrower prior to uxelerailon foUowlog Borrower's breach of any covenant or aQrsoma nt In this Security Imtswnent (but not prior to acceleration under paws *pb 17 nods applicable law provides otherwise). Lender dbs8 etoetfy Borrower of, emang other adopt (a) the defamkl (b) the radon requtred to cure Use default; (c) when the default must be cured; and (M that More to cure the Whole as specified may stub In acceleration of the wens secured by dohs Securlty Instrument, forocleemti by judicial procauft and We of the Property. Leader obdl farther Inform Borrower ofAse right to reinstate after acceleration and the right to easat In the foreclosure proceeding &a non-edsyeta of a dshult,or any other decease of Borrower to aadrisano sad fostadmma. If the default Is not nod as specified, Loader, at IN option, my require Immedlem paymot to no of an stoma aeeua ed by this Seeumlty Lietrtmisask without further demand and my foreclose this Security ltecrumant by judkW proc"ag. Lender ahaB be enddd to called all experrp Incurred in pursuing the remedies provided In Me paragraph 21, including, bull not Bolted to, attorneys' feet and teats of tide ewidence to the extent permif ed by applicable law. 22. Release. Upon payment of all sums weaned by this Secanty Instrument, this Security Instrument and the estate conveyed shall terminate ad become void. After almch occurrence, Lender shall discharge and misty this Security Insrumaz without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law. waives and releases any error or defeats in proceedings to cQkM this Swarity instrument. and hereby waives the benefit of any present or funs laws providing for nay of uccutim extension of time, exemption from gne dtm m, levy sad awe, and homestead exemption. U. Reinstatement Period. Borrower's time to reinstate provided in paragraph IS shall extend to one hour prior to the tomawncemett of bidding at a sheriff's sale or other We pursuant to this SOCarlty instrument. IS. Purchase Money Mortgage. If any of the debt ux*red by this Security loamunem is last to Borrower to acquire tide to the property, this Security Imenmment shall be a purchase money mortgage. 16. Interest Rate After.ludgtnent. Borrower agrees that the Interest me payable after a judgment is entered an the Note or in an action of mortgage foreclosure aball be the rare payable from time to time under the Note. 27. Rider: to this Security Instrameart. If one or more riders are executed by Borrower and recorded together with this Security Instrument. The covensus and agreemrna of each such rider" be incorporated into and shall amend and supplement the coven mas and agreemsma of this Security Instrument a if the rider(s) were a pan of this Security imtrnmem. [ liable box(se)j Adjustable Rau Rider M Condominium Rider 1.4 Family Rider Oradtuted Payment Rider Planed Unit nevelopmant Rids Biweek] Rider Balloon Rider u Y PnYatmt r V A Rider Rate s) Ispcmmt Rider Second Nome Rider Other(s) [apecrfyj 1W4n1rAt unzt g0ft"s r4a j676 inA bun 9a an0 86/19/0Z 09:2023 -> 215 563 5534 Page B30 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants oontained in this Security Instrun ent and in any rider(s) executed by Borrower and recorded with it. / Witnesses: MARY Adm ssornmif HOrroMar (SW) -Bortmet -Borrow -horrower Certificate of Residence I, , do hereby cerdfy tbm the oast address of the within-narned Mortgagee is F.O. BOX 3131, ass MOZME, La 503045137 Witness my bend this 34TH day of APBiL 9?000? IGSI•c.irl 1 Agent of Morwga CONEMONWEALTH OF PENNSYLVANIA, C L.i rK QE7tL'#A(4 County N. On this, the 24TH day ofAAXSL ,7000 before roe, the undersigned officer, per=Wly AppeareCINART SLLa9f rt0a7IICXX1t, A writ" a lSataON known to me (or aatlefaaotily proven) to be the person whose name Is subscribed to The within instrument and solmowledged that M executed the same for the purposes herein contained. IN WITNESS F pins: , I htreunm set my hand and official seal. 'QL? 0.^ My Coumnission Expires: ID Side of 0 Ej;F0jnbF 0 a l?loa ,Nna a 20ao -SRIPAI mn m r,w 7 of 7 Form 30010 9/10 "'OKi6M400.67j ALL THAT CERTAIN lot or too of ground with the building and improvements thereon erected, aidmbo hi am Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordanoo with a Subdivision Plata of Laurel Hills, ' Section 1, made byBoahsrt-Rona Cwaulking Engineers sit Plaoaere, dated December 5,1974, Job No. 203020, and recorded in the Office of the Recorder of Deeds in and for Cwmbmiand County, Pennsylvania, in Plan Boric 31, Page 27, as follows, to wit: BEGINNING at a stake ant on the South side of Beech Rua Law (60 feet wide), a comer of Lot No.151; dbaace extending flfiom said beginning stake and measured slang line ofLot No. 151, South 05 degrees 20 minutes 44 seconds Bast, 125.00 fleet to a stairs, a comer of Lot No. 141; thence extending along same, South 85 degrees 47 mh*u 3a seconds West,100.02 fleet to a stain sat on the Hank aids of FairU4 Stred (50 feet wide); thence extending along same the two following courses and leas: (1) North 05 degrees 20 minutes 44 seconds Walt, 92.01 feet to a point of curve, god (2) an a Rae curving to Ere right having a radius of 25.0 feet, the are distance of 79.27 feet to a stake act on the South side of Beech Run Lane, aSores"- thspce attending along same, Nedtth 94 depass=39 minutes 16 seconds East, 75.00 fast to a stake, the fist mentioned stalls and place of BEGINNING. BEING Lot No. 140, as shown on said Plan. HAVING THEREON ERECTED a dwelling known and numbered as 3521 Beech Run Lane. BEING the same premises which Associates Ralocatm Management Company, Inc., a Celorsdo Corporation, by its dead dated August 29,1995, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on November 20, 1995, in Deed Book 131 at Page 595, granted and eomeyed unto Mary Ellen Hoffeeker. i I I VERIFICATION JERRY WAUGH hereby states that she is ASSISTANT SECRETARY of WELLS FARGO HOME MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. JEVI= W , =. POEIr DATE: ?I I IO? ?? V ? '' n i? ? ' '" ?. ? ? ,;, ?, ?, - , ? ? ? ? ? ? , ,,, a A. 3 SHERIFF'S RETURN - REGULAR CASE NO: 2002-04432 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS HOFFECKER MARY ELLEN RONALD HOOVER Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOFFECKER MARY ELLEN the DEFENDANT at 3521 BEECH at 1855:00 HOURS, on the 23rd day of September, 2002 LANE MECHANICSBURG, PA 17055 MARY ELLEN HOGGECKER , Sheriff or Deputy Sheriff of by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this 7q-- day of lY c.K..-f._, -2-1sU li.. A. D. Cl, Prdthoriotary So Answers: R. Thomas Kline 09/24/2002 FEDERMAN & PHELAN By. ??- l Deputy eriff WELLS-FARGO HOME MORTGAGE, INC. Plaintiff, VS. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYVLANIA NO. 02-4432 MARY ELLEN HOFFECKER, CIVIL ACTION-LAW Defendant NOTICE TO PLEAD TO: WELLS-FARGO HOME MORTGAGE, INC. C/O Francis S. Hallinan, Esquire Federman and Phelan One Penn Center Plaza Suite 1400 Philadelphia, Pennsylvania 19103 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof, or a default judgment may be entered against you. Respectfully submitted, I LAW OFFICES OF Date: j t) -4 - o ?, JOSEPH L. HITCHINGS By: J eph L. Hitchings 3 West Caracas s Avenue, Suite 201 Hershey, Pennsylvania 17033 Telephone: (717) 534-2600 Fax: (717) 534-1344 WELLS-FARGO HOME MORTGAGE, INC. Plaintiff, VS. MARY ELLEN HOFFECKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 024432 CIVIL ACTION-LAW ANSWER WITH NEW MATTER AND NOW, comes Defendant, Mary Ellen Hoffecker, by and through her undersigned attorney, Joseph L. Hitchings, Esquire, answers Plaintiff's Complaint as follows: 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. By way of further answer, the Mortgage as a written document speaks for itself. 4. ADMITTED. 5. ADMITTED IN PART AND DENIED IN PART. While it is admitted that the mortgage fell into default on 3/1/02, it is denied no payments have been made thereafter. By way of further answer, Defendant attempted to make payments of the monthly mortgage amounts due, however, those checks were returned by the Plaintiff. 6. DENIED. It is specifically denied that attorney's fees in the amount of $1,225.00 and the costs of suit and title search in the amount of $550.00 are appropriate or due in the present case. The remainder of averments are denied and strict proof is demanded at time of trial. 7. DENIED. See answer to Paragraph 6 above. 8. ADMITTED. 9. ADMITTED. 10. DENIED. Defendant has met with an authorized credit counseling agency and has filed an Appeal to her application for assistance from the Pennsylvania Housing Finance Agency. WHEREFORE, Defendant, Mary Ellen Hoffecker, Demands judgment in her favor and against the Plaintiff on their Complaint. NEW MATTER 11. Paragraphs one (1) through ten (10) hereof are incorporated as if the same were more fully set forth at length herein. 12. After March 1, 2002, Defendant has attempted to make payments of the monthly mortgage to the Plaintiff on several occasions; However, Plaintiff has refused to accept the payment and returned the checks to the Defendant. 13. At the time Defendant fell into default, she was paying for the cost of nursing care for her elderly mother. Defendant also unexpectedly became unemployed at the same time. 14. The Defendant is now currently gainfully employed with sufficient income to continue the ongoing monthly mortgage payments. 15. The Defendant has applied to the Homeowners Emergency Mortgage Assistance Program, and the Pennsylvania Housing Finance Agency's decision is currently under appeal. 16. Attorney's fees and the costs of Suit and Title Search which the Plaintiff's are seeking to recover are unreasonable and inappropriate in the present case. WHEREFORE, Defendant, Mary Ellen Hoffecker, demands judgment in her favor and against the Plaintiff on their Complaint. Respectfully submitted, THE LAW OFFICES OF JOSEPH L. HTTCHINGS Date: 6 By: J eph Hitchings Attorney for Defendant 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Telephone: (717) 534-2600 Fax: (717) 534-1344 4 002 10/16/2002 WED 13:98 FAX 17175451052 VERMCAT-M The undersigned hereby verifies that the statements contained lnforro on °`??>vch has Answer with New Matter (hereinafter "Answer') are based up fomati by counsel in been furnished to counsel by me and information which has been gathere the preparation of this action. I have read the Answer and to the extent that it is based upon infonllation which I har a given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer is that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements therein are made subject to the penalties of 19 Pa. C.S. Sectiou 4904, relating to unsIworrt falsification to Dotc Mary El -c Hoffecker PLEAS WELLS-FARGO HOME MORTGAGE, : OIN THE COURT OF F CUMBERLAND COUNTY, INC. : PENNSYVLANIA Plaintiff, VS. NO. 02-4432 MARY ELLEN HOFFECKER, Defendant CIVIL ACTION-LAW CERTIFICATE OF SERVICE On this I t "I day of G c k)?,- 2002, I, Joseph L. Hitchings, Esquire, hereby certify that I served a true and correct copy of the foregoing documents upon all parties of record via United States Mail, postage prepaid, addressed as follows: Francis S. Hallinan, Esquire Federman and Phelan One Penn Center Plaza Suite 1400 Philadelphia, Pennsylvania 19103 Respectfully Submitted, THE LAW OFFICE OF JOSEPH L. HITCHINGS, ESQUIRE f ?2. J seph L. Hitchings, Esquir 03 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Telephone: (717) 534-2600 Fax: (717) 534-1344 A 1 ? / + ` S J , ?-.- ...? _.n U! ??? _ ., ? - 7 FEDERMAN AND PHELAN, L.L.P. BY: Jenine R. Davey, Esquire Identification No.: 87077 One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Home Mortgage, Inc. Plaintiff, vs. Mary Ellen Hoffecker Defendants Attorney for Plaintiff Court of Common Pleas Cumberland County Civil Division No. 02-4432 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 11. Plaintiff incorporates herein by reference the averments of paragraphs one (1) through ten (10) of its Complaint as if set forth herein at length. 12. Denied. By way of further response, on May 6, 2002, Plaintiff sent a letter to the Defendant advising her of her right to apply for homeowners emergency mortgage assistance. By way of further response, Defendant was advised that she had thirty-three (33) days in which to remit $3,914.94 to Plaintiff along with any late charges or other charges or costs that became due in that period. By way of further response, Defendant failed to cure the default, therefore on September 16, 2002, Plaintiff initiated its mortgage foreclosure action. By way of further response, any payments made by Defendant to Plaintiff, after the mortgage had been accelerated, that did not fully reinstate the loan or cure the arrears, would have been returned to Defendant as a partial payment. By way of further response, there would be no benefit to the Defendant for Plaintiff to retain partial payments while proceeding with foreclosure. By way of further response, Defendant can stop foreclosure proceedings at any time by tendering full reinstatement or full payoff to Plaintiff. 13. Denied. After reasonable investigation and belief, Plaintiff is without information sufficient to form a belief as to the truth of the averments contained in paragraph thirteen (13). By way of further response, Defendants lack of employment, and costs of nursing care for her elderly mother, are not defenses to the instant mortgage foreclosure action. 14. Denied. After reasonable investigation and belief, Plaintiff is without information sufficient to form a belief as to the truth of the averments contained in paragraph fourteen (14). By way of further response, the loan remains due and owing for the March 1, 2002 payment and each month thereafter. By way of further response, Defendant can stop foreclosure proceedings at any time by tendering full reinstatement or full payoff to Plaintiff. 15. Denied. By way of further response, it is admitted that Defendant applied to the Homeowners Emergency Mortgage Assistance Program, however Defendant's application was rejected. By way of further response, PHFA has no record of an appeal. By way of further response, had Defendant appealed PHFA's denial of assistance, said appeal would not stay Plaintiff's foreclosure action. 16. Denied. The averments of paragraph sixteen (16) are denied as conclusions of law to which no response is necessary. By way of further response, Plaintiff's attorney's fees and costs of suit and title, are reasonable, and have been charged in accordance with the mortgage documents. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Respectfully submitted, FEDERMAN AND PHELAN, LLP Date: November 8, 2002 A J 'ne R. Davey, Esquire orney for Plaintiff VERIFICATION Jenine R. Davey, Esquire, hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this verification, and that the statements made in -the foregoing Reply to New Matter are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsifications to authorities. Date: November 8 2002 FEDERMAN AND PHELAN, LLP 4mA e R. Davey, squire eyfor Plaintiff One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 ? ;; ,?_ ,?.. - ?? -- ,' r . _, . - _- < :J ? t? i.. • -i) . .. .... ? . . _. f' W? y ' L _.. ?a FEDERMAN AND PHELAN, L.L.P. BY: Jenine R. Davey, Esquire Identification No.: 87077 One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Home Mortgage, Inc. Plaintiff, VS. Mary Ellen Hoffecker Defendant Attorney for Plaintiff Court Of Common Pleas Cumberland County Civil Division No. 02-4432 CERTIFICATION OF SERVI(:E I certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was sent via first class mail to the person listed below on the date indicated: Joseph L. Hitchings, Esquire 203 West Carcas Avenue, Suite 201 Hershey, PA 17033 Date: November 8, 2002 Je ' e R. Davey, squire Attorney for Plaintiff PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. FEDERMAN AND PHELAN, LLP By: JENNINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Home Mortgage, Inc. 5024 Parkway Plaza Boulevard Charlotte, NC 28217-2407 VS. Plaintiff Attorney for Plaintiff : Court of Common Pleas . Civil Division : Cumberland County Mary Ellen Hoffecker No. 014432 3521 Beech Run Lane Mechanicsburg, PA 17055 Defendant 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff s Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Jenne R. Davey, Esquire Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 (b) for defendant: Joseph L. Hitchings, Esquire Address: 203 West Carcas Avenue Suite 201 Hershey, PA 17033 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: !i 11.1 • + AWmey for Plaintiff C?) c'-> C,T„, ra.? ? l i}' ` ?? ? r_:. r G:'l _ 1, ? -C.. `=. .T: _.. J ??. ? .., L i f .- ,. _ _ ?: .1:, +• ?W? i ?_ ? ? ?il J ,,,, -< FEDERMAN AND PHELAN, LLP By: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard suite 1400 Philadelphia, PA 19103-1814 Wells Fargo Home Mortgage, Inc. 5024 Parkway Plaza Boulevard Charlotte, NC 28217-2407 Plaintiff VS. Mary Ellen Hoffecker 3521 Beech Run Lane Mechanicsburg, PA 17055 Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 02-4432 I hereby certify a true and correct copy ofthe foregoing gwas Plaintiffs served by regular Sm i1 ary Judgment, Brief in Support thereof, and Argument Defendant's counsel on the date listed below: Joseph L. Hitchings, Esquire 203 West Carcas Avenue Suite 201 Hershey, PA 17033 DATE: 11 ° ?+ nine R. Davey, Esquire Attorney for Plaintiff C r'o J co t FEDERMAN AND PHELAN, LLP By: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7600 Wells Fargo Home Mortgage, Inc. 5024 Parkway Plaza Boulevard Charlotte, NC 28217-2407 Plaintiff VS. Mary Ellen Hoffecker 3521 Beech Run Lane Mechanicsburg, PA 17055 Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 02-4432 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST THE PROPERTY. Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: There are no material issues of fact. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. Since Defendant admitted the default in paragraph five of her Answer to the Complaint, summary judgment for Plaintiff is appropriate, as is further addressed in Plaintiffs attached Brief. 4. Defendant, Mary Ellen Hoffecker, has filed an Answer to the Complaint in which she has effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 5. In her Answer, Defendant improperly denies paragraph six of the Complaint, which avers the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint, Defendant's Answer and New Matter, and Plaintiffs Reply to New Matter are attached hereto, incorporated herein by reference, and marked as Exhibits C, D, and E, respectively. Defendant has failed to sustain her burden of presenting facts, which contradict the averments of Plaintiffs Complaint. Defendant admitted in paragraph three of her Answer that she executed the Mortgage to Plaintiff. True and correct copies of the Mortgage and Note are attached hereto, made part hereof, and marked Exhibits A and A1, respectively. The Mortgage is due for the March 1, 2002 payment, a period in excess of nine months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 9. Defendant has admitted that the notice provisions of Act 6 of 1974 do not apply to this case as the original mortgage amount exceeds $50,000.00. 10. Defendant's application for Homeowner's Emergency Mortgage Assistance under Act 91 of 1983 was rejected by the Pennsylvania Housing Finance Agency ("PHFA"). Defendant alleges to have filed an appeal to her application for assistance, however PHFA has no record of an appeal. Even if Defendant had filed an appeal with PHFA, such appeal would not have stayed foreclosure proceedings. 12 Pa. ADC §31.203(b)(12)(ii). 11. Plaintiff properly returned any partial payments tendered by Defendant. There would be no benefit to Defendant to retain partial payments while proceeding with foreclosure. Defendant can stop foreclosure proceedings at any time by tendering full reinstatement or full payoff. 12. Defendant has the right to reinstate the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Respectfully submitted, Federman and Phelan, LLP ?Jeine R. Davey, Esquire Attorney for Plaintiff EXHIBIT A 06/19/OZ 09:17:85 -> 215 563 5534 Page 824 t113067 , pAgm-3919-C-1 ROBUT ", ZIECLER RECORaIEP, OF LEEDS CUMBERLAND COUNTY-PA '00 APR Z8 AM 1Z 59. Parcel Number: 10-19- 1310 -031 1Spacs Absva M& lime For bWft DQUl - MORTGAGE THIS MORTGAGE ("Security Instrument") is given on APRIL 24, 2000 The trmnggw is NMI XLLM MIPS, C!W1I, A 07MLE PRROW ("Borrower'). This Security InstNmeat is given wWELLB FARGO NOM ND]L%UWZ, xNa. which is organized and cWting under the laws of THE STATE OF CALIFORNZ& , and whose address is P.O. 201 5137, DEN UOINES, IA 503065137 ("Leader-). Borrower owes Lander the psindIW sum of ONE RUMORED TKIRTY NIX THOUBM FIV3 IUWRID AND 001200 Dollars (U.S: S+•+•136, 600.00 This debt is evidenced by Bormwer's rate dated tht saint dam a this Swujty Instrument ("Note"), which provides for monthly payments, with the 1fr11 debt, if not paid earlier, due and payable WILY 01,, 2030 , This Security Inmumnent scores to Leader: (a) the repsymcut of the ddn a vidamw by the Now, with iaterat, and All re newels, eynensions end modiScadons of the Note; (b) dte payment of all others sums, with interest. advanced tender pusgtaph 7 to promo the security of this Security instrument; sad (c) rho performance of Borrower's cave mts and agreeaeents under this 3aur[ty Instrument ad the Note. For this pvrpose, Borrower does bereby mortgage, peat and convey to I,ender the following described property to 4W In t:mEtJm County. Pamsylvania: leis ATT'ACM LWAL DROCRIPTION TAX 9TATIblIITO FEW= BE BUT We IMLL9 7AIt00 Rt7ME MORTGAGE, INC., P.O. BOX 5137, DES NO= $, MA 503063137 which has the address of 3511 BRICK EOM LM, ICltsM [$ty. Cm. Penmylvapniia 1.7??0SS ??ee?'? [Zip Co&1 ('Property Address"): PBYAt UUN11 IN N=TRtJMBiT c9 ft FIAJ ess,a +3 ff MW 1 017' vnw aaRTGere taws • eeoaeoa,aan lecadmim 06/19/OZ 09 :17 23 -> , 215 563 5534 Page BZ5 TOGETHER WITH all the htmmye nents now or hereafter erected on the property, said ail eaunta, app i tmances. and fixtures now or hereafter a parr of the property. All replacements and additions shill also be coveted by this Security " Inarunnent, All of the foreggoo is mkrr d to in this Security Instrument as the " Property. BORROWER COVENAWS that Borrower Is Iawhltlly wised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property 6 unencumbered, except for encurahrances of record. Borrower warrants and will defend generally the title to the Property against all claims and damands, subject to any encumbrances of record. THIS SECURITY INMUMENT c ombinoe uniform covenmts for national use and non-uniform covenants with lindtod variations by Jurisdiction to constitute a uniform secarity instrument covering real property. UNIFORM COVENANTS- Borrower and I.mxW coveoaot and agree as follows: I. Payment of Priedpol and htmst, Prepsip"w and J*e Charges. Borrower shall promptly pay when due the princ of and intimt on the debt evidenced by the Note and any prepayment and late charges due under the Nme. Funds ror Ttixea and lown-ance. &Mcrt to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day m athly payments, are due under the Note, until the Note is plod in full, a gull ("Fundi') for: (a) yearly taxes and aaaasmean which my ausin priority over this Security Instrument as t Ilea on the Property: (b) yearly leasehold psymmts or grotawl rants on The Property. If any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiiwate, if any: (e) yearly mortgage insurance prentums. if any; and (n any soma payable by Borrower to Lender, In accordance with the proviaiorn: of paragraph 8, in lieu of die payment of mortgage insurance premiums. '['here items am called 'Escrow Item-' Lxtldet may, at any burin, collect and hold Punds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal heal Estate Sw1emeent Procedures Act of 1974 a amendod from time to time, 12 U.S.C. Section 2601 st seq. ('RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, ].ender may, at any time, collect and ]told Funds in an aanvw# not to exceed the laser amount. Leader may estimaw the amount of FuD& due nn the basis of current data and rwonAble ectimstes of expenditures of ruttire Escrow Items or 8therwise In accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a fodcral apacy, instrumentality. or auity (Indudin= Lender, if Lander is such in institution) or in Any Feda4 Home Loan Bak. lender shall apply the Pwtds to pay the Escrow Itcros. I =den may not charge Borrower for holding and applying tote Funds, annually analyzing the escrow account. or verifrittg the Escrow Items, unless Fender pays Borrower interest on the funds and applicable law permits leader to malts such a charge. However. Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lcadcr in connection with this loan, unleee, applivable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lernder shall tux be regAred to pay Borrower any interest or earnings on the Funds. Borrower and Roder tray agree in writing, however, that interest dWI be paid on the Funds. !.ender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and tbo purpose fw which each debit to die lends was made. The Rends are pledged as'addidoW for all sums secured by this Security Instrument. If the Funds held by Leader exceed the amounts permitted to? by applicable law, Laider shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Pule held by Lender a my time is not sufficient to pay the Eacrow Items when thee, Imida may so notify Borrower in writing, aaa?d, in such aux Borrower shall pay to Gender the amount accessary m make tap the deficiency. borrower shall taake up the deficiency In no more than twelve monthly payments. it Lender's ode discreda. Upon payment in Rill of all ewro secured by this Security Instrument, Lender shall promptly mfimd to Sorrows any Funds held by [.render. If, under paragraph 21, Linder shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds IWd by lender at the time of requisition or isle as a credit against the sums secured by this Security InstatmM. 3. Applieatioo of Payrnetts. Unless applicable law provides otherwise, all paymelas saved by Leader under paragraphs 1 and 2 shall be applied: first. to any prepaytneat charges due under the Note; second, to amounts payable under paragraph 2: !bird, to interest due; fourth. to ptiieipal due: sad last, to any hue charges due under the Now. 4. Chtugal Liens. Borrower shall pay all tea; asse m ants, charges. tines and lniputiom aaftable to the Property which tray attain priority over this Security Item meet, and leasehold paymatts or growl rents, if say. Borrower shall pay these obligations In the man= praavkW in paragraph 2, or if not paid in that msm>cr, 116wower shill pay them an time directly to the person oared payment. Borrower shall promptly furnish to [render all notices of amounts to be paid under this paragraph. If Borrower mattes these payments dhwdy. Borrower !hall promptly fhrntish io Lauder receipts evidencing the paymaita. fto Z at 7 J -4011- aw. 0 Form i03e "a W1608 PC[ Rn 86/19/8Z 89:18:81 -> •Z15 56,E 5534 page 876 Borrower shall promptly discharge any lien which has priority over this Smrity lit unless Borrower: (a) Wees in writing to the payment of the obligvtion secured by the lien in a manner acce#tehle to bender; (b) contests in good faith the lien by, or ddrfends against enforcemm of the lien 111, legal proceedings which in the Lender's opinion operate to prevent the enforeexaent of the lien; or (c) segues from the holder of the lien an agreeMM Satisfactory to Lender enbordlnatlng the lien to this Security Instrument_ If Leader determilm that any part of the Propatty is subject to a lien which magi attain priority over this Security Instrument, Linda may give Borrower a notix identifying the lice Boriewer shall satisfy the lien or take one or mote of the actions set forth above within 10 days of the giving of notice. 5. Bts<ard or Property tasswanee. Borrower shall ]Deep the improvements now tainting or hereatler elected op the Property Insured against loss by firer, haxsrds included within the term "extended coverage" and any other hamds, including floods or flooding, for whicli Leader roViaes inounm e. 'This in? shall be maintained in the amounts and for the periods that Leader acquires. The irmminee carrier providing the insurance "I be chosen by Borrower subject to bender's approval which shall not be unreasonably withheld. If Borrower fails w maintain eoverap described above, Lender may, at L coda's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard rnortm clause. Lender shall have the right to hold the policies aid renewals. If Leader requires, Borrower shall promptly give to bender all receipts of pold premiums and renewal notices. In the event of lost, Borrower shall give prompt nonce to the inauta nce carrier nd Lender. Leader may make proof of lost if not rneda promptly by Borrower. Unless Lender and Bonv war otherwise agree in writing, iasutaaee proceeds shall be applied to restoration or repair of the Property damaged, if the restotation or repair is economically feasible and Lender's security is not lessestcd. If rho restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sum secured by this Security Instrument, whether of trot than date, with any excess paid to Borrower. If Borrower abaedons the Property, or does not answer within 30 days a notice from Lander that the insurance carrier has offered to settle a claim. then Leader may collect the insurance proceeds. Leader may use the proceeds to repair or restore the Property or to pay sums secured by this Security h»uuttment, whither or not then duc. The 30-day period will begin when the notice is given. Unless Lender and borrower otherwise agree in writhin& are application of proceeds to principal shall not extend or postpone the due date of the monthly payments referr+d to in pmgrapha 1 aid 2 or change the amount of the payments. If trader parWuph 21 the property is acquired by bender. Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the argtrisition shall pass to Launder to the patent of the sums soearod by this Security Insts uient immediately prior to the acquisition. d. Occupancy, Preservation, Mgmeuanoa mind Protection of the Property; Borrower's Lam Appllationt lAsaedrolds. Borrower shall ocatpy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continua to occupy the property as Borrowcr% principal residence fOf at lust one year sheer the date of occupancy, unless Lender otlierawim agrees in writing, which consent shall nor be unreasonably withheld. or unless ettOArrating circtmviances deist which we brjW BorrwAmes control. Borrower shalt not destroy, damage or impair the Property, allow the Properly to dexer[ontc, or commit waste on the property. Borrower shall be in default if nay kilelture antler of proceeding, whether cirri Or cxtnaiaat, to begun that In toww'a good faith judgment could rclt In forfeiture of the Property or otherwise materially impair the lies created by this Security ldstlumm t or bender's security interest. Mrlowex may cure such a default and reinstate, n provided in paragraph 18. by causing the action or proe ceding to be dismissed wfib a ruling that, In Lender's good faith determination, precludes forhiture of the Borrower's Interest In the Property or other material impaimunt. of the lien created by this Security Instrament or Lender's mcmity Interest. Bossowa shall also be in dedstilt if Borrower, during the lean application process, gave materially fate or mums information or statements to Lander (or failed to provide Lender with sea material id6rmation) in aomieetion with cite loan evidenced by ibe Note, including, but not limited to, repr+esentatiom enncerninS Borrower's occupancy of the Property as a principal residence. If this Security Instrument is oat a lessabold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fees title to that Ptmperty, the leasehold aid the fee title shall not merge wdcss Linda apnea to the merger in writing. 7. Prote cdon of Lind is Rig)* in the Pr qmV. If &ftrower fails to perbrus the eovename and agreeartents contained in this Sorority instrument, or then is a legal pruceeding that may significantly affect Lender's rights In the Property (etch as a proceeding in bankruptcy, probate, for eandeemnauon or forfeiture or to enforce laws or rWadow), then LtAa may do and pay for whatever is necessary to protect the value of the Property and Leader's rlghts in the Property. Lender's idiom rosy include paying any stoma wired by a lien which hw priority over this Security Instrument, appearing in court, paying reasonable attorpryi' feet and entering on the Property to make repairs. Although Leander may take action u?paragraph 7. Lender dots not have w do so. Oft-WIPAI Opal pop r of T roan total 0190 an16%?A%. 673 06/19/OZ 89:18:39 -> ,Z15 563 5534 Page BZ7 Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Irmument. Unless Borrower and Lender IV= to other terms of payut01, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Laldtf to Borrower reguesft PSYMM. Mortgage ksurence. If Lender required mortgage insurance as a condition of malting the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage iaaursnee In ed'feet. If. for any reason, the mortgage tnsuranee cover gc required by La-Wer lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverages substantially equivalent to the mortgage insurance previously in effect, at a coat substantially equivalent to the coo to Borrower of the mortgage lnwm= previously in eft'cct, from an alternate narWp insurer approved by Larder. If substatni ally equivalent mortgage insurance coverage is not available. Borrower shall pay to Larder each MOM a sum equal to one-twelfth of the yearly "age insurance premium bring paid by Bormer when the nurtured coverage lapsed or ceased to be in sheet. Lmder will accept, we and retain these psyttrents as a lots reserve in lieu of amrtgagc insurance. Lon reserve payn nn may no longer be retptired. at the option of Lender, if monpp I== = coverage (in the amount and for the Paw that leader regvirca) provided by an insurer approved by Lender again becomes svsilable and is obtained. Borrower shall pay the pm niamms required to maintain mortSap insurance in effect, or to provide a loss reserve, until the Tcqutrxnent for mortgage insurance ends in accordance with any written apeemaat between Borrower and lender or applicable law. it. Eupectim, Treader or its agent rneey masse reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specs reasonable cause for the inspection. LO. Condenstsattm. The proceeds of any award or cl for damages, direct or consvilum al, ;a connection with aAy cordemnatim or offer taking of any part of the Property, or fpr conveyaaft in lieu of condemnation, we hereby swiped and shall be paid to Lender. In the event of a total taking of the Property, the procceds shall be applied to the sums secured by this Security lastnwo t, whether or not then due, with any cum paid to Borrower. In the event of a partial taking of the property in which the fair market value of tbo property immediately before the tiff is equal to or greater than the amount of the am u secured by ft Security Instrument lamsediately before the taking, unless Borrower and Lender otherwise agree to writing, the enms secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) dens total amount of the sums sscturod immediately before the hiking. divided by (b) the fair market value of the Property imtnedisteiy before the talaag• Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair nmeket value of the Property imunediately before the taking Ir lest than the amowx of the am secured Immediately before the taking, unless Borrowerr and Ueda otherwise agree in writing or unless applicable law otherw. ise provides, the proceeds shall be applied to the sums secured by this Security lnatromi n whether to not the attma are these due. If the Property is abaedoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to malts an award or settle a claim for damps, Borrower fails to respond to Lender within 30 days after the date the notice is given. Leader is authorized to collect and apply the proceeds. at its option, cidw to restoration or repair of the property or to the sums secumd by obis Security lnstrua nt, whodw or nor then due. Unless Lender and Borrower otherwise agree in writing, arty application of proceeds to principal :ball not extend or postpone the due date of the monthly payments rate read to in paragraphs 1 ad 2 or chanty the amount of emb payments. 11. Borrower Not Rdwed; Forbearance By Lender Not a Waiver. Extenion of the time for payment or modification of amortization of the sutra secured by this Secuthy Irutntrnenr granted by Lauder to any successor in interest of Borrower shall sot operate to releuare Ike liability of the original Borrower or Borrower's setoassora in interest. Lender shall not be required to amnmsem proceedings against any successor st interen or nurse to cdcad time for payment of otherwise modify amortisation of the sumo ensured by this Security humiment by ,mwn of any demand made by the original Borrower or Borrower's al1tX mrs in iatereat, My ibrbtafance by Leader in execising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Sttocessom and Aaalaps Boned; Joint and;_ Several Liability; Co-d g nwa. The covenants and agreements of this Security Ittstrtm ent shall bind and baneih the a ccesson and assigns of Leader and Borrower, subject to the provisions of paragrapb 17. Borrower's covenants and agreements aball be joint aced several. Any Borrower who co-sign this Security lndrwneemt but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, `rare and convoy that Borrower's W== in the Property tender the arms of this Security Inatrtmtcru: (b) is not pcraonaily obligated to pay the sums secured by this Security instrument: and (c) agrees that Lander and any other Borrower may Mm. to plaid, modify, forbear or make any awe atioAs with regard to the terms of this Security In rument or the Note without that Borrower's consent. 4ft0111At 4"12) off.. N 7 raven 3021 am %CQK16*nm •V?4 86/19/8Z 89:19:17 => 215 50 5534 Page BZB 13. Loan Chargems. If the loam secured by this Security buts matt is subject to a law which seta maximum loan ehargm, and that law is fluelly interpreted so that dw unmet or other loan charms collected or to be collectcd in connection with the loam exceed the perrmitteed lirhits, then: (a) any such loves charge shall k red=W by the amount necessary to reduce the to the penmined limit: and (b) any soma already collected from Borrower which exceeded permitted limits will be refunded Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct paym ut to Borrower. If a rdW d reduces principal, the raluahon will be treated as a partial prepayment without sty prepayment thirst under the Note. 14. Notless. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail muless applicable law requires use of another method. The notice shall be ditecmd to the property Address or any other address Borrower designates by notice to Leader. Any notice to Lender shall be given by first class mail to Lander's address stated heroin or any otter address Lend. designates by notice to Borrower. Any notice provided for in this Secantry Instrument shall be deemed to have been given to Borrower or Lender when given art provided in this paragraph. 1S. Govetaing )Aw; Severabllity. This Security Inm meat shall be governed by federal law and rite law of the jurisdiction in which rice Propaty is located. In die avast that any providou or close of this Swwlty Instrument or the Note comets with applicable law, such conflict shall raga affect other provisions of this Security Insert =rot or the Note which can be given effect without the conflicting provision. To this pnd the provisions of this Security Instrument and the Note are declared to be severable. lb. Borroweeip Copy, Borrower shah] be given one conformed copy of the Note and of this Security Initturm 17. 'lWWw of the Property or a Benefido] Interest in Ben awar. If all or any part of the Property or any Interest in it is sold or transkerred (or if a beneficial interest in Harrower is sold or transferred and Borrower is not a natured person) without Lender's prior written consent. Lender may, at its option, require huawdiate payment in full of all sums secured by this Security Instrument. However, this option shall not be exec bW by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender estetchses this option, Larder dWl give Borrower notice of ameteration. The notice shall provide a period of not IM than 30 dnrya frtan the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Secnrhty Intm itnent. If Borrower We to pay these sums prior to the expiration of this period, Lander may lnvokc any rauedloa permitted by this Security InIlMnent without fur dw notice or det nand on Borrower. 18. Borrower's Right to Rdnstate- If Borrower meets certain conditions. Botmwer shall have the right to have eaform= of this Security I wumcnt discontinued at any time prior to the earlier of: (a) S days (or such other period as applicable law may specify for reinatatt) before .sale of the Property pursuant to any pourer of sale contained in this Security Instrument: ar (b) 8My of a*I memt eAreleg this Setcutity Instrument. Thee conditions are that Borrower: (a) lays Lender all sums which then would be due under this Semdty Instnuneat and the Note as if no acceleration had occurred; (b) cures say defmut of say other covenants or agreements: (c) pays all expanses incurred in enforcing this Security instrument, ine]udlog, but not limited to, rewmabls anoracys' fees; and (d) takes am b action as Loader may reasonably requite to assure that the lien of ibis Security Instmuse nt, Lender's rights in the Property add Borrower's obligtttloa tD pay the eons secured by this Security Instrument shall oontlnroe uwbaaga L Upon reinstatement by Borrower. this Security lowument and the obligations secured hereby shall reams fully effective as if no acceleration lad occurred. However, this right to reinstate shall not apply in the can of acceleration trader paWVh 17. 19. Sale of Nbft Clause of Loath S'ervietr. The Note or a partial interest in the Nc to (wge:tlur with this Security Instrument) may be sold one or more does without prior notice to Borrower. A sale may result in a daaage in the entity (known as the 'Loan Savitxr") tint oWlaxa monthly payments due under the Note and this Security Instrument. There also may be one or more champ of the Loan Sw4i= uaalated to a sale of the Note. If there Is a change of the Lon Se rvioer, Borrower will be given written notice of abet change in accordance with paragraph 14 above and appllcable law. The n*dw will scans the as= and address of she ear Loan Servieer end the address to which payments should be made. The notice will also a mwn arty other information required by applicable law. Zit. Rnaudmg && bum Borrower shell not cauu or permit the presence, use, dispossl. stomege, or release of any Hamdous Substances on or In the Property. Borrower shall not do, nor allow anyoas else to do, anydJAS affoaing the Puppetry that is in violation of any Environmental Law. The preceding two sentences shall net apply to the presence, use, or storage on the property of aandl quantities of Hazardous Substances thin are generally recognized to be appropriate to normal re ddendd nap tend to maintaamoe of the property. t-ORIPA] 1e912) MOWAL-k- p6p 6 #17 Form 3M qJ90 86/19/8Z 89:19:53 -> ,Z15 563 5534 Page HZ9 Borrower shall promptly give Lender written native of any investigation, claim, demand, lawsuit or other action by any gunnnmend or regulatory agency or private patty involving the property and any Hazardous Substance or Environmental Law of which Hormwer has actual knowledge. If Borrower learns, or is notified by sty governmenW or neguuluory authority, that any removal or other remediation of any Hanrdotu Substance affecting the property is necessary, Borrower shall protoptly talcs all ouzaaaty rtmedial actions in accordance with Envirouunaual Law. As used in this paragraph 20, 'Hazanlow Substances" me those substances dcflmd as toxic or bazardau substances by Environtnoatal law ad the following subatattces. gasoline, kerosene, other flarnmable or toxic petroleum products, toxic peadclilm and herbk4dw, volatile eolvents, tnatcriais containing nbco os or formaldehyde, and radioactive materials. As used In this paragraph 20, "Environmental Law' means federal laws and laws of tux jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIPORM CDVENANTS. Borrower and Lender further covenant and agree as follows: 21. Aeaderadon; Ra=Wies. Lender shall give uxo&e to Borrower prior to sccderuflon following Borrower's breach or any covenant or agreement In this Security Imtsumaint (but not prior to accdersdon under paragraph 17 unless appliable law provides othem1ae). Lender stns notity Borrower or, among other thbagst (a) the ddiult; (b) the action requ red to on the default; (c) when the defeat mast be cured; and (d) beat Minim to cure the default as spedlfed may result in acceleration of the sums secured by this Security Instrument, foreclosure by Judicial proceeding and ad* of the Fmperty, Lender, shat farther inform Borrower or°ac right to reinstate after acaftvlon and the right to asset to the foreclosure proceeding the non-existence or a delauk or any other defense of Borrower to acceleration and foreclosure. I r the default is not cured as spoof W, Lender, at its option, may require Inugvdlate payment In tore or all sm»s secured by this Security Instrument without further dsanand and may foreclose this Serenity Instrument by Judicial proceeding. Lender shall be entitled to celled all expeni,ea insured in purmlM the reewdla provlutad In tide pwngmp6 21, indudbtg, but not limped to, attorneys' fees and tests of title evidence to the extant permitted by applicable law. 22. Release. Upon payment of all soma secured by this Security h attuateent, this Security Instrument and the e conveyed shall terminate and bemm void. After such occurrence, Lender shall discharge and satisfy this Security Instroitteet without charge to Borrower. Borrower shall pay any recordation casts. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to saforae this Security Instalment, and hereby valves the benefit of any present or future laws providing for stay of czecution. cats dva of titer, exemption *om sandman, levy and sale, and homestead exemption. 24. Rehutatenent Ppdod. Borrower's time to rvimstate provided in paragraph 19 shall extend to one hour prior to the Cb rt of bidding at a sherifrs sate or other 14V punum to tills Security Inatrumett, ZS. Ptrehase Monty Mortgage. If any of the debt :ecwred by 64 S06 dty lostrummt is lax to Borrower to sequin title m the property. this Security Instrument shall be a purchase money mortgage. 26. Interest Rata Alter Judgment. Borrower agrees that the Interest rase payable after & judgment is entered on the Note or in an action of utartgogo foreclosure shall be the tale payable from time to time under the Note. 27. Riders to tuts Security Instrument. If one of more riders are executed by Borrower and recorded together with this Security Instrument. the oovenants and sgr=mentz of each such rider shall be incorporated into and shall amend and supplero t the covenants and agreements of this Secrrity Instrument as if the rider(s) were a pm of this Security Instrument. tTlicoble box(n)) , Adjustable Rate Rider Condominium Rider 1.4 Family Rider Graduated Psyrm,t hider iPlanned Unit Development Rider biweekly Payment Rider Balloon Rider Rate Imrprovemm Rider Second Home Rider VA Rider Other(s) 14pe6fyl ftemrAl ies7:, 80 tAi:E 676 wa-? Re?.x am 06/19/82 892823 -> -215 563 5534 Page 838 BY SIGNING BELOW, Bormwer accepts and area to the tefms and covenauts contained in this Security batnm em And it any rider(a) executed by Borrower and recorded wtth it. Wimesaea (early mr *dm mo> -a?rro ? (Sei) -(wal) (sue) -Borrower -Domwer Certuleate of Residence 1, , do hereby certify that the corm address of the within-namw mortgaSec is P . o . sox 5131, Qsa mozwo l za 643 045137 Witness my hand this 24TR ?T or APR= 1 2000 Asa t of M bTVM 6 COMMONWRALTH OF PENNSYLVANIA, e u ri16&y-'L-Aw'6 OA this, the 24TH day of APR= 09000 Dersore11y appcamd>Mx aLLmf X0r7Z t2## A axxms psaaox L`audy art , before me, the undertigad officer, kwwn to me (of satiaf ctorily proven) to be the parwa whose no IS subscribed to the within instrunmt tied wlmowled;ed that MIX executed the settle fot the ptttpeaea herein comabW. IN WITNESS WHEREOF, I bmw to set my head and official seal. My Commission Expires: . .' -fi•, . Y Mae of Imm 1w..,. ? iQ.O+IF, ??°! FUMid = ,• i5 ' : ; ' , t f, NM Cmt fW ONO.. OumbeiUM Co. ?ol?r lon fikn An 3.2000 4 ftmIPAI 186121 PON 7 of? Form 3m em Bfi/19/0Z 11928:39 -> •215 5Q 5534 Page 831 LEGAL DBSCREMON 3521 BEECH RUN LANE HAMPDEN TOWNSHIP, CUMBERLAND couNTY, PA ALL THAT CERTAIN lot or tract of ground with the building and improvements thereon erected, situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described In soeordence with a Subdivision Plum of Laurel Bills, Section 1, made by Buchsrt-Rorn Comulting Engines do Planners, dated December 5,1974. Job No. 203020, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 31, Page 27, as follows, to wit: BEGMIN G at a stake set on the Souls aide of Beech Run Lane (60 feet wide), a comer of Lot No. 151; thence extending from said beginning stance and measured along Una of Lot No. 151, South 05 degrees 20 minutes 44 seconds Past, 125.00 feet to a stake, a oarner of Lot No. 141; thence extending along same, South 85 degtees 47 minutes 38 seconds West, 100.02 feet to a stains set on the Bast side of Fairfield Street (50 foot wide); thane extending along saute the two following courses and distances: (1) North 05 degrees 20 minutes 44 seconds Weat, 98.01 feet to a point of curve, and (2) an a line curvlug to the right havtq a radius of 25.0 feet, the we distance of 39.27 feet to a stake set on the South side of Beech Run Lane, maid; thence extending along same, North Ito degtees'39 minutes 16 seconds Bast, 75.00 feat to a atitke, the first mentioned stdm and place of BEGIlVNt O. 13MNO Lot No. 140, as shown on said Plan. HAVING THBREDN ERECTED a dwelling known and numbered as 3521 Beach Run Lane. BEING the lame pretrifm which Associates Relocation Management Company, Inc,, a Colon do Corporation, by its, deed dated August 29,1995, and recorded In the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on November 20, 1995, in Deed Hook 131 at Page 585, granted and conveyed unto Macy Ell= Hoffeckar. State of Pannsylvanla 1 County of CumbarlarM j Rer or-isd in the office for the recording of Doak opt. in and for CumbOand County, P in.jh. cok,(s°xllol. --P8q*Lj .tna:9 my hand and oal of office of CadWs. PA this ', Ir day of _zs?L 1300f1IWOME EXHIBIT Al 86/19/0Z 89:25:55 -> 215 563 5534 Page 842 9i?aa7i ? t?iOT-3200-c-s NOTE APRIL 24, 2000 Dar CWWRLA7ra P BYI,VAETIA Vhel [City] 3521 DlaCB MW rAlrM, UKURMCMRO, VA 17053 R.P'ty Addn"I i. BORROWER'S PROMISE TO PAY In return fora loan that I have rectived, I proadse.to pay U.S. S *******136 , 500.00 (this amount is called "principal"), plus interest. to the order of the Lender. The Lender isWRLLS FARM l3l>? MORTfil ", I= . I understand that the ituder may transfer this Note. The Lender or anyone who tskai this Note by transfer and who is antidcd to retctiva payments under this Note is called the "Note Holder." 2.1NTF.REST Imerest will be charged on unpaid principal until the full arnmt of principal has been paid. 1 will pay interest at a yeady rate of 0.3.25 %- The tattiest rate required by thl* %aion 2 is the rate I will pay both before fold after any defsnlt desmbed in Section 6(11) of this Note. 3. PAYNEWS (A) Time and Place of Payn mb I will Pay principal and interest by maUni payments every month. I will nub my monthly payments on the FIRST day of each month beginning on JM , 9000 . I will make these payments every roonth until I have paid all of tbt principal and interest atsd any oslsor charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on MAY 01, 2030 , I still owe atnou n under this Now, l will pay those amounts in full on that date, which is called the 'Maturity Date." I will hake my m0arhlY payments att'alMLLS aJlRW MRTQX=, INC . , P.O. BOX 5137, ass MOXNW, T& 503065137 or at a different place if required by the Now Holder. (B) Amotmt of Monthly Payments My monthly payment will be in the amount of U.S. S **1, 013.51 4. BORROWER'S BIGHT TO PREPAY 1 have the right to mate payments of principal at any time before they are due. A payment of prhudpal only Is known n a "prepayment." When I rake a pn psynneut, I will tell the Now Holder in writing that I on doing so. I may mate a full prepacyym= or partial prepayments without pgft any prepayment charge. The Now Holder will use all of my prepayments to reducc the amowit of principal that 19" wider this Note. If I rmke a partial prepay>et, there will be no changes in the due data or in the arnount of my monthly paymem unless the Noie Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this Iossa and vubleh we maxims n loan charges, is fingly interpreted so that the interest or other love 5harges collected or w be collected in connection with this loan exceed the pemtitted limits. then., (I) any via loan charge :ball be, reduced by the owtint necessary to reduce the cl arge to the perralited liQdt: and (ii) any awns already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose w make this Wand by reducing Ike pdWpsl I owe under this Note or by making a direct payment to tee. If a refund redum principal, the rteducdon will be treated as a partial prepayment. 6. BORROWn'S FAIILURE TO PAY AS REQUMM (A) late Charge for Orardue Psymenta Ir the Now Holder has not received the full amount of ray mombly payment by the and of 15 Mader days after the date it is due. I will pay a late charge to the Note Holder. The anmoum of the charge will be 5.000 % of my overdue paymnmt of principal and inseaat. I will pay this late d wge promptly but only am an each late payment. (13) Ddault If I do not pay the full soeou nt of each monthly payment on the date it is due, I will be in default. MuLTesrATE AXED RAT! NOTE - Single Family - TWA/R1L1140 unttorm 1nam"at Fenn 3200 12x93 ArnaWtd 6191 Gk-6R 1110.04 %&W nmolrrGme FOaM1- 108621.7291 ha 1 of 2 twee: 06/19/BZ 892621 -> ,215 563 5534 Page 043 (C) Notice or DcftsM If 1 stn io defwk, the Note [Wd& may send me it written notice telling erne that if I do rat ;ay the overdue arno nt by a am" dam, the Note Hoidar may require me to pay immediately the fair amount of principal which has not been paid and all the imcrest that I owe on that atmotux. '!that date must be at least 34 days after the date on which the nabs is ddivemd or aWled to rne. (M No Waiver by Note Holder liven if, ac a time when t am in defauk, the Note Holder does not r%plm aw to pay imtrAdlately In full as described above, dw Note Holder will still have the right to do so if I stn in default at a later time. (1) Patrient of Note Holler's Costs and Eapenam if On Now Holder has required the to pay ft WIMely ip full a¢ described above, the Nar Holder will have thhe right to be paid back by me for all of its costs and etpeam it anforeing this Note to the extent not prohibited by applicable law. expenses include. for e=1e, seasonable attorneys' flees. 7. GIVING OF WCOC SF Unless applicable lea requires a different method. soy notice that hoist be given p are Wider this Note will be given by delivering it or by tual* it by first class mail to as u the hWmy Address above or at•e dMaut Wdm if 1 five the Note Holder a notice of my diNtta+ent address. Any notice that kraut be given to the Note Holder under this Note will be given by mailing it by first class mail to the Nato Holder a the address orated in Section 3(A) above oz. at a diffsremt address if I stn givat % iolm of tls difffereot address- S. ORUGA'TIONS Or POWNS UNDER THOS NOTE If more than one person signs this Note, each persou is tally and persorially'obligated to keep all of the protdsm made In this Note, including the promise to pq the full amotaru owed, gay person who is a guarantor, surety or endorm of tWo NOW it also obligated to do these things. Any person who takes ever these obligations, Including the obligations of it ptarantor, surety or endorser of this Note, is AsD obligated to keep all of the promises made in this Note. The Note Holder spay enfamc its tights under this Note ABik* v O person individually or against all of us together. 11 means than any one of its may be r quiam to pay all of fbe ammtttda owed under this Now. 9: WAIVERS I and any other pawn who bas obligations under this Note waive the rights of prescatmeat and notice of dishonor. "Presentreemt" means 1ltE tight tb requite the Note Holden to demand payment of strtouats due. "Notice of dishonor" means the right to require the Now Holder to give notice to other pepons that amounts due have not been paW, 18. UNIFORM lgECMD NOTE Thls Note Is a uniform instrument with limited varietJons in sorer Jurisdictions. In addition to the protcctiona given to the Note Holder tinder this Nato a Mortgage, Dead of Twat or Sectuity Decd (the 'Sontlty lnadmxmt"), dated tlu tams date as this Note, protects the Note Molder ft m possible losses which might result if i do Piet"the promises which I stake in this Note. That Security laatroment deacrbes how and under whaffi conditions I may be required to make krone late psyment In trill of all at mss I owc condor this NW. Some of time condition we described as follows: I't'aatrfer of the Property or a Renelkial lateral in Bonmw. If all or any past of ft interest In it is sold or transferred (air if a beneficial inter K in knower is sold or usutfured ? any wt ris root a natttrd person), without Leader's Baser writtda o9w ot, Lander may, at Its option, require Immediate payment in tall of all scans secured by this Security Inlatumcnt. However, this option shall not be exercised by Leader 1i awclse is prohibited by fetdetal law er of the date of ibis Securl In ttumau. If Lender w ercises this option, Under shall give Borromer notice at acceleration. The >t d" shall provide a period of not less than 30 dep from the data the motico is delivered or mailed within which Borrower maat pay ill maw smad by fa Somdq 14atturoew. If Borrower faits to pay these suns pdoc to the expiration of this period. Lender may invotp any remedies permitted by this Security lastrumemi without further notice or demand on Borrower. Wiq IM THE RAND(S) AND SEAL(S) OP THE UNIIERSIGNED. (Sec) (?) 40"Wwa MM aw" Some tt -9orrow.r SIN: SWA79 49-4551 (Sad) (Seal) BoMYW -Bormwa SSN: SSN: (SYgn ONgino! Orly) MVA 61e61.oa Post 2-0 2 form $200 12M 86/19/B2 89:26:52 -> 215 563 5534 Page 844 F . YWTHOUTAECOUROE PAY TO THE ORM OR Kush " - Iff W, aY v Joan M. Mul VW ProokM 1t EXHIBIT B STATE OF NORTH CAROLINA COUNTY OF M3CKMO RG SCOTT PATI'ERSON ss. , being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Asst. Vice President of Wells Fargo Home Mortgage, Inc., servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. The loan history which is attached to Plaintiff's Motion for Summary Judgment contains entries, which were made by Plaintiff's representatives in the regular course of business upon receipt of each payment from Defendant and upon each disbursement by Plaintiff. 5. All proper payments made by Defendant have been credited to Defendant's accounts. 6. Defendant's mortgage payments due 3/1/02 and each month thereafter are due and unpaid. 7. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance S134,385.19 Interest $6,460.29 2/1/02 through 9/1/02 (Per Diem $30.33) Attorney's Fees $1,225.00 Cumulative Late Charges $354.73 4/24/00 to 9/1/02 Cost of Suit and Title Search $550.00 Subtotal $142,975.21 Escrow Credit $473.17 Escrow Deficit $0.00 TOTAL $142,502.04 8. Mortgagor has failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 9. Plaintiff provided mortgagor with a Notice of Intention to Foreclose Mortgage, but Defendant did not take the necessary affirmative steps to avoid foreclosure. 10. Plaintiff properly accelerated its mortgage to protect its interests. Wells Fargo Home Mortgage, Inc. SWORN TO AND SUBSCRIBED BEFORE ME THIS 27th DAY OF November 72002. NOTARY NOTARY PUBLIC OFFICIAL SEAL BRENDA SLEDGE UNION COUNTY, N.C. My Commission Exoires ss.v"m File Name and Number: Mary Ellen Hoffecker, Account No.: 8130871 EXHIBIT C FEDERMAN AND PHELAN, Lj,L-- By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215 563-7000 WELLS FARGO HOME MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217-2407 Plaintiff V. MARY ELLEN HOFFECKER 3521 BEECH RUN LANE MECHANICSBURG, PA. 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMM?N PICAS o CIVIL DIVISION F-n TERM y _r '5 , No.0 `1`i32 } CUMBERLAND COUNTY 'T`{'`1 $t r i !J CPAL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE N_ **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 `. CUMBERLAND COUNTY 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 8130871 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN, VERIFICATION THEREOF, OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. tMWISE, IF,REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is WELLS FARGO HOME MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217-2407 2. The name(s) and last known address(es) of the Defendant(s) are: MARY ELLEN HOFFECKER ,3521 BEECH RUN LANE MECHANICSBURG, PA. 17055 who istare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 4/24/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1608, Page 671. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 3/1/02 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Tr t:Y 6. The following amounts are due on the mortgage: _ Principal Balance $134,385.19 Interest 6,460.29 2/1/02 through 9/1/02 (Per Diem $30.33) Attorney's Fees 1,225.00 Cumulative Late Charges 354.73 4/24100 to 9/1/02 Cost of Suit and Title Search 550.00 Subtotal $142,975.21 Escrow Credit 473.17 Deficit 0.00 Subtotal 473.1 TOTAL $142,502.04 7. 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. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to.meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $142,502.04, together with interest from 9/1/02 at the rate of $30.33 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN AND PHELAN, LLP By: /s/Francis S. Hallinan FRANK FEDERMA.N, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL:I NAN, ESQUIRE Attorneys for Plaintiff 06/19/82 89:17:85 -? 215 5635534 5130x11 k651 parQl-1439-C-1 • ROBERT F. VZOLER RECORb'R Cr DEEDS CUMBERLAND COUNTY-PA '00 APR 28 AM 1159- 'IRIS MOR'M CM CSWA* Wit') is SLvtn an APRIL 24, 2000 =Rif 1LLW Pmt, 1 !Z>N 3 7ZRO or ("Borrcwee ). Thin security fmnumeat is given towma >'x= Zyt, mm"m axes. which is oTpuiud an d cdsdng under the Isws of Tm gnTS Ol CAL170111IM& -Ad--j V O 201 5117 Dti[5 M033 0, IA 501093137 Page 824 {"Leader")- Borrower owes Larder the prixipsl SUM of Cm llo== TIECITY six TROUSAM ?IVs 3D AM 00/100 Dollar: (U.S. 3 ****136, 500.00 }. This dek is m Wowed by Banower's we dated me iaQK date sa 111111 Seaaatity Inakrumeat (*No[@'). which PMWU for muddy Mmeutg. With the fW1 debt, Knot paid W 11w, do and paryabk aniM 01. 2030 ?his Security IOsaumeot secures to Lender: (a) the repayment Of do dabs evl k=W by the Note, with ism, - -, and ai1 tenewalo, e amnions and modificadaus of the Note; (b) the payment of ail Ww mm. with interest. Advanced oft psraVp117 tO V, 1l eI the Mcaft of thin Seatrby Ustsumesr Nod (e) the perfornume of HarrowWl WVe nes and a6reemeau under dds Swxhy Ittetromem end dw Note. For tbis pwpow, Borrower does htreby morWI& prat wd convey t0 Lmder the Nowing described psvpesty be" in easms"M County. peaasylva dw 9a ATTACIM LWAL 13l9CRIPTIOIF TAI; BTATAWT9 OEM= BE 922 TO: MLL9 7JMGO NOr® xORTaW3, INC., P.O. BOX 5137, DES x0=15. TA 503065137 whjgh ha; the addters of 3321 B2ZCB MW LAM, D3XMWFZC5VM Pemmylvank 17055 [Zip Coat) C ftperly Address"): P611WSUNIFO MM NNTRNMEIiT f Ci 1 (-Nl1PA! ?ssia of 7 -A* MOI1MAGe Poral . 190mul-7$a+ BOi1K t E , , ($V-t. Chrl, i¦mm -- 1. - 86/19/82 89:17:23 -> 215 563 5534 T?OGEfIIER NrrH all dw impeoYatntmtt i'M' o! ImtanfEa atecrod oa the paropaty. told to , - fiumm now or bmatlior t pan of that psoputr. -Aid OPsad additions shall also be covered by ?/ ? - ?rri Ioatronaeot M Of the AMO)bx a >ai a In this Ismnmest ss `, BORROWER COV I S 1611 Boma b 1i111b}!y le t00 of the eih6e b??y ?oaVeyed the sl?C Sma. sled _.:aod ills ?.... _ . duaaa>nob?yd accept ?br mcrmbrsooes 9 end will t .".ttir "`- etainu? W?"°""""'• dem+mes, sitdljeet so dq °"?t ? , bat aadml an md Ommu YftI&vftd '$ C01tCdvu ,z r sad spa°?? - • . i ..._? ?-+R..?'^" """K,' " 4:'?..?'"iide?si"•..?i.rer 1f?`ieeaer":` DeY'OO . end waamsp v?idt ?? attsii ... t?iis ImtiQassal ai a liaaen ehe`Propa?? ? . .slat. ^..'ab s..Mw+'!rY +lw`yU - Y `.+.wilPT, .w -Yen'w!?r "•Miq.t?• Y ? ?.. q.?:`Y'!i+' +i. '., MIK ?10!>1tiL? W (1) my W' If S*..W "MY ,,s .,f !1_ tw lid. arm. ?.nm.ec of ?eotis?n iantdoar ?e?Ym. Z'bge tte?w ? .'??Ittl±!?-', __ ._.. rdaba?d moet?tiee lnaa !84oh't Ziw Bon+oaier's!seam tCaanll[ mm toe noem oast rtatasea? 7-771 1974 u modod time l G?BaaioN 2601 a teg.? RB3PA7. ? mdla kW- ass t la ao?mq, et tay?? ltd A la lhmdi !n to : oo???id* tlec not Leads mq =&am. the amomt of Fm& due an tie bads of ameot data and causebde eidu oes of eecpmdletna of diem Escrow i>cili oe et5er+rw Is Oceseds?e With spplleibk law. r The Pon& Shari be bdd in an insdunion whose dopodu are Imured by a foduai nasty. lam mtonaticy?. or WitY tlocluft Imder. If Larder is arch m hntttntivaa or in any Pal Rom Lon But Leoda shall q* the Pmts to pay the Escrow Iuam. Leads may not charge Bomwer Gar tddISI ad gpiylq the Pmdt, ananelly asdY*9 the maw amamr, or vnifyiut the Emow Iwne, antes Leader pays Bmxrowa intcratat oa the Fonds and applicable law permits Landor to m im oath sari a dkzp. Ilona trey. I-alder mq requim Borrower to pq a one-dm charge for an b depad= tell com tea r+apoad.16 used by L kr In GOOMWou wA tots boo, sales sppliable law prgvidu otherwise. Unlla sn Wumm k taade or applicWe rata regmm iatdl+lat a be ptfd, Lender tlhadttoc be ttsgtttred to ply Bonvwer say lamest or e:niags ao the Ptmds. BMW= tad Leader mW agm In writlag, bovmw. *9 safest shall be paid on the Fmtds. I.etldet doll Siva to Borrower, withoae times, in mood aoeo mfr of the Puade. aimft mdit?sarwA debits to the Fwx% and dx pmpm &*c which each OW the hmb wu N te Ffth beld bLmdw awed the n oom pernd bs bW by appikabl e law, I?Rader ? 1b awrowa Gar ft weals Punk is aocm*m with the regaiza?a of applicable law. If rho swam of the Auadt bdd by Leader at say time is not aatlldm m par the Escrow losses wbat due, L+atder may as notify Dwom in wd&S, arid, in such cm Boaowet shall pay to I.ettdw data amome air to mob tap the deficiency. Sommer dull tntte up the deficiency in no more than twelve moodily paymeab, aA Loader's We disreden. Upon payment to fall of ail term scared by fait Soaufty Inatrttmaor, I.atdcr shall promptly nand to BouowW MY Panda bdd by Linder. If. under paragraph 21. Lauder shall acquire or sell tat: may, Lender, prior to the sogtdsitlm or sale of the Property. shill apply my Ponds hold by Lemdes at tb* limo of aegniaklen or ale ss s waft t,Sldoet the smut secant d by 3. AppAcatim Peat ymmu. UWm applicMa lm provides otherwise, all pqm m m;dnd by I ad?undgr 1 and 2 shall be appaod: &a. to my pcapayasesal chwSm due Wads mat Naas; second, to slronraa payable nnda ptlrRrsph 2: third, to inmost doe; fourth. to pt}n -Im' date: and Im. to my late charges due under dw Now. 4. C6mWq Luse. Boat um dell par all traces, t umme, charges. Ibm and atlp Wdm aurmutable to the wbich may attain priorky mar this Security bmumm, and lumhoid paymmm or ground rents, if say. Borrower pay rheas o Radon in the n mar pm?vidod In pamagrapb 2, or if not paid is that =umcr, Bontwee doll pay tome an time dimly to doe parson owed payment. Borrower sisals praaaptly li mbb to Lessdet all notices of amounts to be paid under this paragraph. If Borrower :makes these payments direcdy. Borrower rash promptly tt Wish to Lender receipts evidencing the payments. 4W"(PAI arm PBW 2 of 7 bomiMpm Om Page 825 .J, wpm me of" 86/19/82 89:18:81 -> 215 563 5534 Page 826 ?tt+hidt has priority an Barmwa doll promptly dlstba MY HO t0 tb0 p?yrmtc oZ dtt obllpd4n sawrad by the lieu in a asaamer by. a._ dahod+. ?.w of IhlUlidn hk _lep[?e oad>np? mte mts whidr shoo have It, ?n 4 =v ?:, ptoparty, W- t attnra r?11hiR 30 days a:dice '4?6[ 16st 111t! ,.._ p , La der may 4611W dts butTmac proceeds. jmq W the ptgceidt to "TW or insure, the Propaty oc t . psy ' aecaned by dh swift hatrttmmt. w> edw or flat tilts dua:.'the 30? , Britt buffs Wha ? sfWC OS gvii LW M tender and llorrawa od wiae agree tit wtitivs. M of Pmeada to Pf"d WE not eramd or pow *cdaa loos of %o moathty paymaatsv - lId W. a is pus?ha liand 2 or duets the - in I toftim pia am - if Lmdc r par:gtsph 21 the Property Is WgWfed Lender. Boazower's obit to my imatrat>ca pdWm and prtxmds nwhiCS traua dm p to tie Propeeryr prior to the : ion shall pm to Lender to ft eatent of ft wen: a ccued by this S?? bmamit iom ?ieoegr Prim to die ' MWbtaumm and P tecdm of tie Pmp=W. Dorrowees Lase Ap tloat Luodadds. Boar+ostr:r shin ooapy. endAdi. and = the Property • Bos vwces p il- 4 l rmidtmco wfhia*WMy 4p aft do cucation of this Security Imm mmat and shill condoms to oom W die Propanty as Bamowees psi>wipat reabdetace ft art lent one yar niter ft dW of ?rmCy, UWM Laadar odra*dm agrm In wdit, which conaant shall ant be um asm* wltibeld. cc =Wu akm-f inn dmumstamcsa m da which m boood Boerowefe com ol. Boacm suit not dum, dmgpc or taVW the Property, allow die Propacy to &Wliomo, or ooamdt watse on the Propacty. Bmow Shah ba in ddkua it my AOatdOne action or pvoeeadin&. wbodut td? or criminal, is b? tin[ In Lmda's pad. bbb judfaomt conid rsseit Is forffeibm of the Property or od WIW Mood Hy hop* the No ceded by div 3?? ldwuwm or l ends a leeo ft httat+ L 3000M my sure is defarift and rdnataft, as pmvWW in puagtaph 18. by eaosin f tie action or proca tn, f to be dial wbb a ruling that, In Lender's food IM dust. amekd+es Wel?are of the Bomma's fatettst In tie Property or matcrM itapdrRtetrt of the lien crested by tiffs Sec trity harmer t or L tier's a raft interns. Bauo?rrnr do also be is defSWt if Baatowa. a tt6 the loan apptiastion proaxss, p" mim"y fdoo m kutocumula information at Amerrtarab to LMWN (or d31ed toprovide Leader wilt stq? ttmtaial inn boat) is eoesteetlaa wtdl die lane erhieeced by the Note. lnclodmB. ltttt not llmitod io, reparsmmtsods ooeeaniag Botrames ompmy of tie Pwp my m a pdreipd neidew- if this Seca* kmnn et is cc a 1eaSSUa1d. Borrower dM t?ly vth aB the pamiaas at tie tmm It b mwar aaxialm fee d& m the ptoperty, the kmhold sod tie fee titlo shall not tnape unless t.sador sp= m de mutter In wdd 7. Pro cWm of Larder's Rights In the no"ty. If lietowa fs[ls to perform the men= and aSreumm mod In this Sam* loatrnmem. or there Is a legal prometi ft fiat may surly affoa Lender's ri=bs In the Property (Suck as a praceedirt; in baakr am, gaolme, fir mdemoatim or fort iane or to enforce lava or refutm%m), dies Lddcr my do ad pay for wrhatever is nccemm7 to protect des Y" oftie Property ad Lm *ea riffs in rise Property. Lender's sedans my include paying any sums secured by a lion which has priority over this Security Iannmm, appearing in Court, paying r ommable Atommys' fen and entaft on the Property w make repairs. Although Lander may take action ?Patafrapi 7, Landau does not have to do so. uraw(WMIPta1 amm rT.o. = a T !•orrn a0?e erso ?oolism?a OM t? attms 86/19/82 89:18:39 -> 215 563 5534 Page 8Z? .. .:.-? Any amounts dbboread by Lender under t6b psrsgraph 7 d all bttcome sdd[tional debt of Borrows stax red by swarm toummuent. uwm Borrower and lender orsi to odor acme of payauaat, these emouab dM beer interest fiom d* npOa aetyce from Leardtr to Borrower -42L &L do of disbareement at the Note rate nerd sW mb, with itrt?. ? e onditloa of os? do loan ?ocnrW by #IJ L bliprtpW h wteatee. It Laodua squirted, mostpap err as c ;« R w •` ?, ` "••> b IDii?tetll the ?NOINDQ III eft[ I[. f0! tl?? r?Otl00. the lnerrameo;`Bofrio?ac ? ptpt th hrtoiriaoe aanrsaraz b Lsadtx. hrq atr teases m.br it_tt'?[ . BonOM sdan.9W ft pre _legldrod to .be i W, L ion . app !? i I. adw epn becosaes avsilshle sad is Ob I.esder s+ogt>ties) peo+ dod by sal, tpeov,by Linder: H ` . M&S' a M aqua m 42 a said ?snoM?u raaYe d'. POO" ? tm? fbc me period ,?' k FW tha premnuat tai ?ed ? ??rtnnu? m 43f.10 P Sde? a loss vs, MM tbs ICqUUMUM dot mocty?s x 6mastame eniootxdtanoe w?rh wir wrusen liaroMer sale'er of)aw AN a ic Is able - in M 3 x s 9 lwpeosim. Lander a In arc I?y? ?,. . v cc Botiower ?tbe°"i6oe""of }o"psiaia ski ataree t6i to. ©oddameotlfa. The of o"d ar ibr der a,'dLrea ar pamegomdrtl, kn comeoe uia.v?th' . _.,?,.,..,„:....,..... pr's ? o`o-n'de dopy o??c? #?ys?r? >si of soy part of due Pro r. or roc amrgrtutrea !a lien aE aondsmnsaaa7, use bait iftmedt srd - bCrpl.3d _.: to the erect of a foal tditg of true Property, alts proceeds s1st1 be applied to the was stwucd ty Ibis Seasdtr . wha lm or not than due, wit ow s wow grid to Borrower. In the trait of t gaunt taking of the property in T4" ft tide to cc gremer dum the srnone?t of the an= =ed by ddt =wkK v" of *9 Pcepsty immediately tae tb! , b' =dty ftftunis bnmedislely befin the taking. vmlac 11tx[ower and Lendar`otherwise a ce in wrhinj:"the totes secsrad by fhb Seautty Iasttumest dhadt be reduced by tht: s 16= of tht psoeeeds tmd>Ialiod by me M wft frscdoa- (a) dye tool mom or dye mm smured immodway before *a tom, diAM by (b) Net fair market value of due Preprsty 6ome?dely? bdbre the taping. Any balance shall be paid to Borrower. In the event of a putal tathtg of the Property is which due fair n1 - to vdne of the Property huntedissely bdbra due toldes Is less than the onoan of the stmt; secumd knedlstely before dye taking. unless Bo OWcr and I.crder odrerwiee apa is wdit or unless Voicabla lea othandse provides, the pads sheta be wmAiM to the sums settnred b7 this Security hiuvain wbeiba or not dye sass tae then due. if the Prgwq is abodaned by Borrower, or if. niter noise by Leoda to Borrower that ft condemnor olrers to mate im award or settle a dim ties damages, Borrower Nils to respond to Leader within 30 days Am the date albs notice Is given. Lender Is simborlud. to collaa and apply the p mauds. at its oydon, dam to restoradou a repair at the Property gr to tie same sewed by lass Swift tiaasrtmyayt. Mhodw or not taus &M ?L?n ?,.?,?/ Ualea Lander- W Bereewer otherwise agree in wdtfus, my gn9kxion of Pvcaeds to princiytd ihdl cot cum or poe[poue the airs date ud the moa ft payrceaa reiisnod to in pmgrspb s l nerd 2 or duop rho atr+anoc of each paynwmL 11.loerw+rer Nat adease& ysebeacsrsee ft Leader Not a Warrsr. wares of the time for payment or modification of amortuation of the mf? teauad by this security Eakmesent granted by Leader to soy momssor in harm of Borrows sMri net operate to release the liability of the odilmd Borrower or Borrower's suotxstiy , m karest. L 3MU nett be required to eounmce proceed W spinet any successor in i»ttmm or Man m cMmd time for payment at otherwin modify amoetlsatbe of a* same seatsted by fhb Seculy by ieaeoa of my demand made by tie origiml Behoves of Bofower's wcecemrs In hu =, Any tbrbwxwe by Lender in exercising any right or remedy shall not be a waiver of or preclude the ezerdee of saw nobs or remedy. 12. 9uetseoors and Anigm Botn4- Joint and'; Several UaW tyi Co-signer. 'the coveomm n d aaracco s of this Semuity lummirwK ;had bind and beadle the accesson and aftm of I,and?r and Borrower, subject to the provielons of puaprapb 17. Bormwa's covensogs and agmwoents shall be joint and several. Any Borrower who co-signs this Security ierhn?mau but does not exetatte rite Nett: (a) is co-signing this Samtrity bastrument only to mottppe, praru and convey that Borrower's interest In the Property under the treat of this Security Inowncnt; (b) is not peraa nIly obligated to pay ttu some secured by this Security Instrument: and (c) agm a that Leader and any odier Borrower may apex to extend, asodify, fbrbeu or auks any accommWatioas with regard w the terns of this Security Inatrw=t or the Note without tits[ Bormwerr's consent. 4R4"Ai root r ho + w 7 ram am INeo ?aaK16 + *M4 86/19/8Z 89:19:17 => 215 563 5534 Page 828 33. Loea Qiijie if the ban mured by atis Seearlgr Waamteat Is sWed to a law which so mwdmum loin was, and that la. is nnally 1sssM1 1 w that the httscaat or odw loss darM =Head or to be colledud In eonnoctim wadi the loan arced the permined inits r the,: (a) my asst >taaa chage Brett.. .redttoed,by dw amotmc aoapacy reduce rite cbarpe to tbe'"plea u,mlt '.ad ro)° tts? amt Skvi y? ooilec d ft= eoe a eaed >i S will e.": ea to rdtooee )o tnvc. did rdYad >;j? rOtrduS &V P" vi? 8oz:" > s tdimd netaa orbalptl: the IOn wcu be trtea Dtemet nithooc aiw k"nots" fts+DO+er provides riot in mts'Soerc?ty 121011Meat"9hall late i''"b67 deltver?r?it ear br ,?i$o? 4 It yi er» altw mil ttnhrsa rQpilnDle hw?,?equha race a! attotiea• method. Ths nodoe MaueeMed Y?Oper? sadtert low 1`•• ?tiema?Lrint)ca Do I+tadet:""AW?oi)ce'to tl.eodet s6aH tie#h"ea! 8ni d?ss"'"msil ?o . br'.°!? bo aotks hi la this 5??? ta'?iw divan" banerMer a_Lea?_ er men ..., o, &H bC ?pwe?oed ' My Of lie jeriadiatioo h witch td Pip y a bcamd. >h rite $*a *K My pt+vvidoo W CIMM of 1>naammt Pft ooMlt lap, aiei;i e0add tba ]r!?ilspos ' Saab the 'LN gittt `pmi drat eldt ttihif the iroafiiahta pravisioo. Ti lids jffi the pm blow of ibis 9ecor ty btssemsemt and t NoEe are dedmd to be Deera+wy .'Dar'es ae11 ba ?i maoolbomed Dopy of t6c Nos Wit ulna:;': PjO* 17. TO ae 4? ee &eeielal L,tirst is Be.e+ewr. If all fitaaEl' pert athe T?3' 1v h t i. sold a droe4rred_(or U a baodieid iataes< !A Horrq+ra it sold or std Honors is ace a nattRd penoc? with= irnder'e pdo[ a?ilt ' co i m 146W Mq. at Id cpdoa. `tci;ifm lmmediae pejimeat Iii iWl of jM um seemed ?? ttdt . Seenei4 bStMM@RL Howe+er, ibis option "not be euUCW by Linde: If MUCISs L prohibbnd by fbftd hart .at of the date of this Secnrkjr . If IRndcs •a?eiclsa ibis option, I.todet shall sire BM7=w notice of awdat?, The narks shall provide a Veeiod of not Im than 30 days i? tlrc date the notice is dd€verM or mttildd within wbkh Bamwer MK pay all arms ao=vd by We Seeudty itaamsent. If Bazower fails to pay these evano prior to die aaphadw of 66 period, Leader may i rmk may tanodta Pwnktod by M Stlattity Iatatnatenc without fintha notice or ft MM on Borrower. IL Dorrewals >t181tt to ltdnatate. If Bm7otra meets certain eonduioma. Bormwr shall have dse Matt to haver esioMOM of this Ssadty btsanttnort dieoott bbd At say time prior to the earths of. (a) S rigs (or $at otber period as APptiabk law tray Pbdfy for miss ) beioto, & of tba Propeny pnrseaat to atgr yoga of ask Mulaed in eft S= ft bus MMM or (b) MUY of a jedpttear eAr+eiag flit %wity isstramauL Those conditions are that Borrower: (a) pays Lender all suns wbkh tbca wowd be due under tlth Security.hwWwot and the Now as If no a celetufon bid oewrad; (b) coma MY do ttk of ray o1)ta coraaaM or aLtaemetut: (c) pays all ogresses iowined in wf slug shit kmrby latxromeat, isehi ft but sot Bruited to, reaoaatbre tstoMSaaya• 6"; and (d) talcss onh action err Lmdw may rm mbly require to assure d M the lien of dab Sttrurlty IoMU mot, LeuoderIs don In Ow Pevperty and BOMroween obHp*a td dw rinser eseuW by thfs Security lnumu nt dmU aoudaim owbanod. Upon ninatatement by Borrower, this luftvdust and the ObUSKJOus socorod berleby dMH am vft fblly d1wtive as if no acceleration bad oeetttred. Howse, this ra=h to reassure d mn not apply in the case of aocelaxion utrt w pt agWh 17. 19. Sala Of Nett~ G'bauye of Leap Servieer. The Note or a partial interest in the Npta (usher with ibis Seaulty lamoaamt) may be told om Of MUMS afma without prior notice to BMW. A sale may result is a ft w to the daft ptaewn as the "Iota 3atvime) alas ooliocn ==My Pumcas due tinder the Note ad QU Sedtrlty btstzummt. Twete also my be one or more ch0RM of the Loan Sacker mtrdOW to a ssk of flue Note. If there Is a cbmp of the Loin Scrvicer, Borrower will be Biwa writtm Rothe of the &MV in accordance with paragapb 14 above and applicable law. Tw aptips will state dw acne sad addttss of ft vcw Loan Seeker raid the addtem to abidt paymmu should be made. The mice will also m min my otfier infarmatfoa tStpvncd by applicable law. 20 Random b uses. Borrower shalt not cause or permit the presence, use. disposal. mrape, or relow of eery Hazardous S'ttbstaum on or in the Pmperty. B&wwer shall not do, nor allow myom else to do, nyrl W afketinS the Pnopsrgr that is fa violation of M9 Envfmnu MUI L.aw. The rMedir(S two aeatenea shall not apply to the presence, use, or starers on the Property of amdl qua nddcs of Hazardous Substaum that are gewally recognized, to be appropriate to normal residendd um taut to maintenance of the property. OR-ON(PA) (991 21 PW s or 7 liooKi6G8M ??5 Fare 3009 9190 06/19/OZ 89:19:53 -> Z15 563 5534 Page 029 Borrows shall Ply lip Lewder wd= mtke of my l va p ien. dsiw4 damend, lawok or. odtw >oaiom br any s4z Pvm=VUW or ragnlamry WOL7 of psiM parry MVOW14 the Pr WW acd sty Iaatdow S?basnex or Fitvlto?ealal Law of which Homwrer has actual bowler., tf?Burw+ !a , or,ie NOW by MW or qty ! 7•. My trxtoo al or odter odlnitia cf any Hazudous Sa6aac?e he Pmpadr 1s ? ? , Bcama?ei da1t tob all ttt?aeery atxiooa ?}K.r• °rr• L?.{ ?'F .?,'.> a? ` P.p°?'.---+'?? -. As need In thta paitBtaph 20, 'tirc?dotas Sttbsdnm* m those substances de8oed at w* or hnsrdoms M aooss by s,;t LiX soar ?C ?L ,ill; 1t0101eG[:Oihe! ?..OC ?OCC pW0Nt0Q(0tt? IOO?iC * r vs Sir P , w e tnivt a,maea is comai ii>aotaaoa oar rood tsdloatxlro tnaraWAS Wed hi - P?ti Z0. ='F.ioir6vatastai tytpt?` mps>t tbdett? taws std Lira of ttte f nt#ad?oa w$eeeythe is loeeed OW tdsce to hrsll'h,adltt er?""'•"`.n?moasoaohl pion.' _{ ,?, ?[ n?.,?. - +?k Y _ .. NON covesaot sad as follorv?: 21. a -- r?' ?laenwec?a bs -"`%In 14 i pw slolx a Harrower prlcc b aeosf.aa l }a of air cosa¦ae ar smut is tw Beta ?aallgtaik tba! ¦d to aek1wi a taod:r°" 17 isles appTleabla ht?e' o1?sa+rlae? Laad:rMtll tea Borevwatr d. Meenj ether /W_a i?tlon required to we tae dtdb? (C) whin the dehnit moat bs etaed• sad tie that hihart to care! 16e ds t u remit In Modwams c toe ttamt aieedeed tbsiadoet?te ""'" t the eit6 1<,eodsr tltcWer iiit+imDo+e errli ?e reeitah ar^'? -TM. . aoodetstloa VOIW t>ra faro dwel" A l-WO MUNS !6a ao w of It d:fetttt oe saw G&W && Nis at ti aooda?tion ?md g a? A.S+IR? ar°'"'"' :+YS ?it+v eAf4fy .1 n/M`?"?V'ik tl71CN`?«Me: ?pY?l-jtl?•yyl??'..L"»Va ! m4 ? imlped a tat mar Ksat Idalt ooctt?n>7 this Seaa'ky Ltatet®at wit wA fiartiw dwmd sad mg ranelo" d& $etta* Ttt?sot by ju I lit prppeik& Leader a1baII be 'iatlded b eeHset 'alt e;ipeniei'ineiorrid ia'pozinii>s" t1u a Dt?' la titre ! Z1! bud net mom ta. dtotweW fees sad M4 of title *rid== to the odmi peraohW by oppNe" Lw 22. Rdooae. Upon pw= of W sinus eeetaad by Ws 5eewity b semmms, this Severity hwu maot sad the pptte conveyed shag tetmiaae sad become void. ABer such occurrem, Linder uteri dw2wp and $a" this Security hwaiame wahout e>wp to Borrower. Borrower abaci pay a w recordation oosm. 23. Waives. Honwa, to dm LUM pamWed by *01 *k law, waives son reicases say taror or deil!cxs is proceedings to chin dais Saearity lac umai% sad hatsby wtlvea the bateiit of sty ptesea or future laws providing Ir stay of a cc tiom, sac W= of time, otertapdon from WMAunoat. Levy and axle, ad homestead axeartptiom. M RehwiatmwA POUL Borrower's time to Wustace.provWcd In paragraph 18 :hill extend to one hoar prior to the eon of bWdbv at a elswffx sale or orbs s* yviram W dtla Security kwumcm A Arr ebaaa Alma Martpg& If my of the debt #4e Yiad by 64 Soauity kw mm= is I m to Borrower to acquits cuts to the Property. dtia Swift 6tatmeneat shall be a rwim My Mww. 2& Iate:est Rats Afro' Ju#8=M , Borrower apteea thu the late w rase paysbie afla a jadpwat is eat?red on the Note or in in action of atOr W fosrrloattte daU be the rate payable from time to time nodes the Note. 27. 81ders to this 8saarity 10sat, If one or moan riders we exa coed by Borrower and retarded eoptber with this Security Ineaumm the c oveaana and sgreemcoa of each such rider shad be incorporated into sad shall amend add mppleam daa covrasmu ad agrnOgtatta of tbb Saanity Immm3ent as if rite rWe*) were a part of this 3ecm* laatntment. Adjuuabk Rata Rider M Condominium Rider 1-4 FKady Rider Gradaated Payment Rider Plaaasd Unit DftvlOpmeat Rider $iacaldy raymcm Rider Balloon Rider Race Improveniat Rider Second Home Rider VA Rider its) [ fy) -0MPAI MwAd aftvw ?mx j676 t sm 06/19/82 09 2023 -> 215 563 5534 Page 038 COKMONWRALTx OF PENNSYLVANU, C Lt Nl 6 - 4 On this. the24TS dap of AP= ,9000 PAY VPeatedXMT aifLalf mDMftUi 1l !lit X PEW= kwwn to me (of Sabfaaot* pmnen) to be the lMa whose npzpe 19 wbsaibed to the within butni mDt and wkwwledpd dM MM executed the some for tie pwpolea htaeln contained. . IN WrrNESS WHEREOF. I hww o tet my hard and official heal. My CotmttMM Ezplrea. Cam W. be(= me, the mienigaed offim, •"y?.; ti } t?f+f? ;..wytw? cif+tICOf off ,?, ?'`= .,? ??. ?•. Mr comadplon f,Mpk?N ,AMte3? 2000 aVRIPA) ion a 'ap7017 form 3032 M • BD01f??ftl6E ?? - .f• ALL THAT CERTAIN lot or gaol of Farad wA dw bniiding nd imp ov eaoma b 8tereon ' erected, abeft bn die TOWnat6tp oiHA+pdeo. Comt7 of 0 mbalend and of pmo ylvsnK botntded end dm W in aocordmm wilt a SnbdWM Plea-of IMM Hills. 4'c 107 geodon 1, weds bI? Soon Co?aw1 E Bna?eb-, ., . Job No: ?AL3 10? "Fgpa? th0 t lq0 D db I?COQ> ` y iQPbtaBook31. Page 27, a m wet: $ b s Ib1a aia?t one Seta dda ai BeechR?an Line{oo Set lde? s cow ?ploe`?"iod ot7.at No.?1S1,ibsnoe aacmo?+oi beii .. hM ?j}?? y }. 20 haft to 44 ]3as? a , a 151, SawhO ? 4 ,. . 0042 hot 3 to - - :. 141!ia!? 8co'iS.deSpee?7 • slsioa e!t m dte Bret of`Fw ;,, k •= "WssC' n 9! Ol tiro . A ??iod ? a is Notdi io Indio afZ3A t, ?e i. ' ' y:.V} ? l? adds O?HeeCL d>C? ?shnoat i4 '39 mmubes 16"_ * i6da Bi4 7SA0 feet to s stalua first meelloued dib sod ph MMOMO• ` Y HBIl?Ci Lot No.140,'e itwarn on mid PI m. x4 . s HAYINO THEREON ERE{'TED a dwelling ]maven =d mm4bered ss 3521 Beech Run ;. Lsae, ?:` .. MawwMad Inc BI the lane premise wWh AssocistesRdoeatioaa Co Y. ', a Colorado Corpa ndioco by ib dad Mod Aupst 299 1"51 snd recottdod In the Office of the Recorder of Deeds m and for (bmberlatad County, Pcwaylvst 4 an November 20, M. in Deed Hook 131 at Pane 585, smnted rod conveyed unto Mary Ellen Hoffackar. VERIFICATION JERRY WAUGH hereby states that she is ASSISTANT SECRETARY of WELLS FARGO HOME MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. W ,ASST. pa?ET oA,E: 91filoa t EXHIBIT D LAW OFFICE OF JOSEPH L. HITCHINGS 203 WEST CARACAS AVENUE SLATE 201 HERSHEY, PENNSYLVANIA 17033 717534.2600 FAx: 717.534.1344 October 16, 2002 Prothonotary Office Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 RE: Wells-Fargo Home Mortgage, Inc. v. Mary Ellen Hoffecker Answer With New Matter Dear Sir/Madam: Enclosed for filing, please find an original and two copies of Defendant's Answer with New Matter in regards to the above referenced matter. Would you please provide time stamped copies to the undersigned in the enclosed pre-addressed envelope. Thank you for your attention to this matter. Very truly yours, Jo' ph L. Hitchings, Esqu JLH/ab Enclosure(s) cc.: Fianais 8: lYatj*h ; Esquire Mary Ellen Hoffecker WELLS-FARGO HOME MORTGAGE, INC. Plaintiff, VS. MARY ELLEN HOFFECKER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYVLANIA : NO. 02-4432 CIVIL ACTION-LAW NOTICE TO PLEAD TO: WELLS-FARGO HOME MORTGAGE, INC. C/O Francis S. Hallinan, Esquire Federman and Phelan One Penn Center Plaza Suite 1400 Philadelphia, Pennsylvania 19103 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof, or a default judgment may be entered against you. Respectfully submitted, Date: ? C. THE LAW OFFICES OF JOSEPH L. HITCHINGS By. h L. Hitchings J ep 3 West Caracas Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Telephone: (717) 534-2600 Fax: (717) 534-1344 WELLS-FARGO HOME MORTGAGE, : IN THE COURT OF COMMON PLEAS INC. : OF CUMBERLAND COUNTY, : PENNSYVLANIA Plaintiff, ; N0.02-4432 VS. MARY ELLEN HOFFECKER, CIVIL ACTION-LAW Defendant ' ANSWER WITH NEW MATTER AND NOW, comes Defendant, Mary Ellen Hoffecker, by and through her undersigned attorney, Joseph L. Hitchings, Esquire, answers Plaintiff's Complaint as follows: 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. By way of further answer, the Mortgage as a written document speaks for itself. 4. ADMITTED. 5. ADMITTED IN PART AND DENIED IN PART. While it is admitted that the mortgage fell into default on 3/l/02, it is denied no payments have been made thereafter. By way of further answer, Defendant attempted to make payments of the monthly mortgage amounts due, however, those checks were returned by the Plaintiff. 6. DENIED. It is specifically denied that attorney's fees in the amount of $1,225.00 and the costs of suit and title search in the amount of $550.00 are appropriate or due in the present case. The remainder of averments are denied and strict proof is demanded at time of trial. 7. DENIED. See answer to Paragraph 6 above. 8. ADMITTED. 9. ADMITTED. 10. DENIED. Defendant has met with an authorized credit counseling agency and has filed an Appeal to her application for assistance from the Pennsylvania Housing Finance Agency. WHEREFORE, Defendant, Mary Ellen Hoffecker,, Demands judgment in her favor and against the Plaintiff on their Complaint. NEW MATTER 11. Paragraphs one (1)"through ten (10) hereof are incorporated as if the same were more fully set forth at length herein. 12. After March 1, 2002, Defendant has attempted to make payments of the monthly mortgage to the Plaintiff on several occasions; However, Plaintiff has refused to accept the payment and returned the checks to the Defendant. 13. At the time Defendant fell into default, she was paying for the cost of nursing care for her elderly mother. Defendant also unexpectedly became unemployed at the same time. 14. The Defendant is now currently gainfully employed with sufficient income to continue the ongoing monthly mortgage payments. 15. The Defendant has applied to the Homeowners Emergency Mortgage Assistance Program, and the Pennsylvania Housing Finance Agency's decision is currently under appeal. 16. Attorney's fees and the costs of Suit and Title Search which the Plaintiff's are seeking to recover are unreasonable and inappropriate in the present case. WHEREFORE, Defendant, Mary Ellen Hoffecker, demands judgment in her favor and against the Plaintiff on their Complaint. Respectfully submitted, THE LAW OFFICES OF JOSEPH L. HITCHINGS /I By Date: f. 1( >; ? J eph L. Hitchings Attorney for Defendant 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Telephone: (717) 534-2600 Fax: (717) 534-1344 10/18/2002 WED 19:98 FAX 17175451952 VERNICATM The undersigned hereby verifies that the statements contained in the forewhich going has Answer with New Matter (hereinafter "Answer") are based upon informati ? counsel been furnished to counsel by ine and information which has been gathered by the preparation of this action. I have read the Answer and to the extent that it is falsned upon infoa,nation which I have given to counsel, it is true and correcft to the best is that of the Answer knowledge, information and belief. To the extent that the content The undersigned also counsel in nuking ? counsel, ); )?avc relied upon my understands that the statements therein are made subject to the penalties of 19 Pa. C.S. Section 4904, relating to uns,:yorn falsification to authorities. 6 DOM Mary El c Hoffecker WELLS-FARGO HOME MORTGAGE, INC. Plaintiff, VS. MARY ELLEN HOFFECKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 02-4432 CIVIL ACTION-LAW CERTIFICATE OF SERVICE On this r, _ day of c*-c le•l• 2002, I, Joseph L. Hitchings, Esquire, hereby certify that I served a true and correct copy of the foregoing documents upon all parties of record via United States Mail, postage prepaid, addressed as follows: Francis S. Hallinan, Esquire Federman and Phelan One Penn Center Plaza Suite 1400 Philadelphia, Pennsylvania 19103 Respectfully Submitted, THE LAW OFFICE OF JOSEPH L. HITCHINGS, ESQUIRE ?O?3 seph L. Hitchings, Esquir ` West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Telephone: (717) 534-2600 Fax: (717) 534-1344 EXHIBIT E FEDERMAN AND PHELAN, L.L.P. One Penn Center At Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 P: 215-563-7000 F: 215-563-4491 Email: ienine.davey(a),fedphe.com Jenine R. Davey, Esquire Litigation Department Representing Lenders in Pennsylvania and New Jersey* November 8, 2002 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Wells Fargo Home Mortgage, Inc. vs. Mary Ellen Hoffecker CCP, Cumberland County, No. 02-4432 Dear Sir/Madam, Enclosed please find Plaintiffs Reply to Defendant's New Matter to Plaintiffs Complaint and Certification of Service for filing with the court. Please return a time-stamped copy of the first page of the Reply and Certification in the enclosed, self-addressed envelope. Your cooperation in this matter is appreciated. Very truly yours, . GDA ? e R. Davey, squue JRD/kah Enclosure cc: Joseph L. Hitchings, Esquire, Esquire (w/encl.) Wells Fargo Home Mortgage (Charlotte, NC), Attn: Cissi Riggs, Foreclosure, Account No.: 8130871 (via e-mail only, w/encl.) * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of lien against property. FEDERMAN AND PHELAN, L.L.P. BY: Jenine R. Davey, Esquire Identification No.: 87077 One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Home Mortgage, Inc. Plaintiff, VS. Mary Ellen Hoffecker Defendant Attorney for Plaintiff Court Of Common Pleas Cumberland County Civil Division No. 02-4432 CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Reply to Defendant's New Matter was sent via first class mail to the person listed below on the date indicated: Joseph L. Hitchings, Esquire 203 West Carcas Avenue, Suite 201 Hershey, PA 17033 Date: November 8, 2002 J1! jen# R. Davey, quire Attorney for Plaintiff FEDERMAN AND PHELAN, L.L.P. BY: Jenine R. Davey, Esquire Identification No.: 87077 One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Home Mortgage, Inc. . Plaintiff, Attorney for Plaintiff Court of Common Pleas Cumberland County Civil Division VS. Mary Ellen Hoffecker Defendants No. 02-4432 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 11. Plaintiff incorporates herein by reference the averments of paragraphs one (1) through ten (10) of its Complaint as if set forth herein at length. 12. Denied. By way of further response, on May 6, 2002, Plaintiff sent a letter to the Defendant advising her of her right to apply for homeowners emergency mortgage assistance. By way of finther response, Defendant was advised that she had thirty-three (33) days in which to remit $3,914.94 to Plaintiff along with any late charges or other charges'or costs that became due in that period. By way of further response, Defendant failed to cure the default, therefore on September 16, 2002, Plaintiff initiated its mortgage foreclosure action. By way of further response, any payments made by Defendant to Plaintiff, after the mortgage had been accelerated, that did not fully reinstate the loan or cure the arrears, would have been returned to Defendant as a partial payment. By way of further response, there would be no benefit to the Defendant for Plaintiff to retain partial payments while proceeding with foreclosure. By way of further response, Defendant can stop foreclosure proceedings at any time by tendering full reinstatement or full payoff to Plaintiff. 13. Denied. After reasonable investigation and belief, Plaintiff is without information sufficient to form a belief as to the truth of the averments contained in paragraph thirteen (13). By way of further response, Defendants lack of employment, and costs of nursingcare for her elderly mother, are not defenses to the instant mortgage foreclosure action. 14. Denied. After reasonable investigation and belief, Plaintiff is without information sufficient to form a belief as to the truth of the averments contained in paragraph fourteen (14). By way of further response, the loan remains due and owing for the March 1, 2002 payment and each month thereafter. By way of further response, Defendant can stop foreclosure proceedings at any time by tendering full reinstatement or full payoff to Plaintiff. 15. Denied. By way of further response, it is admitted that Defendant applied to the Homeowners Emergency Mortgage Assistance Program, however Defendant's application was rejected. By way of further response, PHFA has no record of an appeal. By way of further response, had Defendant appealed PHFA's denial of assistance, said appeal would not stay Plaintiff s foreclosure action. 16. Denied. The averments of paragraph sixteen (16) are denied as conclusions of law to which no response is necessary. By way of further response, Plaintiffs attorney's fees and costs of suit and title, are reasonable, and have been charged in accordance with the mortgage documents. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Respectfully submitted, FEDERMAN AND PHELAN, LLP Date: November 8. 2002 ,/-)"W akpe(l J e R. Dave , Esquire Attorney for Plaintiff VERIFICATION Jenine R. Davey, Esquire, hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. FEDERMAN AND PBELAN, LLP 1 ? 4mq Date: November 8, 2002 (Qi Jeri e R. Davey, squire A Imey for Plaintiff One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 EXHIBIT F P.O. Box 1225 Charlotte, NC 28201-1225 May 6, 2002 Mary Ellen Hoffecker 3521 Beech Run Lane Mechanicsburg PA 17055 8130871 /007508/472Aet91 RE: Wells Fargo Home Mortgage, Inc. Loan Number 8130871 Mortgagor(s): Mary Ellen Hoffecker Mortgaged Premises: 3521 Beech Run Lane Mechanicsburg, PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. must MEET WITH A CONSUMER CREDIT The name. address and phone number of Consumer Credit (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONITNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Mary Ellen Hoffecker PROPERTY ADDRESS: 35521 Beech Run Lane Mechanicsburg, PA 17055 LOAN ACCT. NO.: 8130871 ORIGINAL LENDER: CURRENT LENDER/SERVICER: WELLS FARGO HOME MORTGAGE, INC. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE -ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage or thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meetin with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT REDIT EL AGENCIES If you meet with one of the consumer credit ncies listed at the en o this notice' the lender may NOT take action against you days after the date of this meeting. The names. addresses and telephone numbers located are set forth at h n of this Notice. 1 is only necessary to schedule one meeting. Advise your lender immediately of your intentions. APPLICATION FOR RT A E ASSISTANCE - Your mortgage is in default for the reasons set forth ater in this Notice (see following pages or specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. 007508/472 3521 Beech Run Lane Mechanicsburg, PA 17055 March 2002 - May 2002 $3,732.90 Late Charges $152.04 Other Fees (if applicable) $30.00 Suspense Amount -$0.00 $3,914.94 3,914.94 0075DB/472 If you have not cured the default ave begun, you still have the right mortgage. Curing your a ault in the manner set forth in this notice will restore your mortgage to same position as if you had never defaulted. F ARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mort gaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Address: Phone Number: Fax Number: Contact Person: Wells Fargo Home, Mortgage, Inc. 5024 Parkway Plaza Blvd. Charlotte, NC 28217 1-800-766-0987 704-423-4016 Tanisha Robinson EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mort gaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED IF YOU CURE THE DEFAULT. (HOWEVER YOU DO NOT HAVE THIS RIGHT TO 6AE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. 0 TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. PROGRAM CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX# (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX# (717) 234-9459 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX# (717) 234-2227 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717)243-3818 FAX# (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1 (800) 342-2397. Wells Fargo Home Mortgage, Inc. P.O. Box 1225 Charlotte, NC 28201-1225 May 6, 2002 7100 4047 5100 2062 2788 8130871 /007509/472Aet91 Mary Ellen Hoffecker 3521 Beech Run Lane Mechanicsburg PA 17055 RE: Wells Fargo Home Mortgage, Inc. Loan Number 8130871 Mortgagor(s): Mortgaged Premises an official notice that The HOMEOWNER'S MOR The name, address and phone number of (717) 780-1869). ANCE be able to help to This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Mary Ellen Hoffecker 3521 Beech Run Lane Mechanicsburg, PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE me on vour home is in def HOMEOWNER'S NAME(S): Mary Ellen Hoffecker PROPERTY ADDRESS: J-57-1 Keech Kun Lane Mechanicsburg, PA 17055 LOAN ACCT. NO.: 8130871 ORIGINAL LENDER: _ CURRENT LENDER/SERVICER: _WELLS FARGO HOME MORTGAGE, INC. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MAY BE ELIGIBLE ASSISTANCE IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE -ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TE RARY TAY F F RE L E -- Under the Act, you are entitled to a temj)orary stay 0 foreclosure on your mortgage or thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUS"1' BKING YOUR MORT AG . UP TO DATE. 111E PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the en o t hi, notice, t e lender may NOT take action against you for thirty _ 30) days after the date of this meeting. The names. addresses and telephone numbers -r -- s - - - rth at the end of this Notice. I is only necessary to schedule one-face-to-face your lender immediately o your intentions. A PLI A W R MORTGAQ4g A I TA E - Your mortgage is in default for the reasons set forth ater in this Notice see following pages or specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. p o do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Pro ram Application with one of the designated consumer credit counseling agencies listed at the en of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUS r FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. 007509/472 3521 Beech Run Lane Mechanicsburg, PA 17055 March 2002 - May 2002 $3,732.90 Late Charges $152.04 Other Fees (if applicable) $30.00 Suspense Amount -$0.00 $3,914.94 3,914.94 0075,09/472 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If within t , e THIRTY (30) DAY period an foreclosure proceedings ave mortgage. Curing your default in the manner set same position as if you had never defaulted. have not cured the default n. you still have the right restore your mortgage to EARLIEST POSSIBLE SHERIFF'S SALE DATF - It is estimated that the earliest date that such a Sheriff's Sale of the mort ggaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Address: Phone Number: Fax Number: Contact Person: Wells Fargo Home, Mortgage, Inc. 5024 Parkway Plaza Blvd. Charlotte, NC 28217 1-800-766-0987 704-423-4016 Tanisha Robinson EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or may not sell or transfer your home to a buyer or transferee w o wi assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED IF YOU CURE THE DEFAULT. (HOWEVER YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE T H AN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. 0 TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. PROGRAM CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX# (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX# (717) 234-9459 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX# (717) 234-2227 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717)243-3818 FAX# (7'17) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1 (800) 342-2397. Jenine R. Davey, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief 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. ?J • •i Date Attorney for Plaintiff 'l (4444MI J ne R. Davey, Esquire L ca-} -TI WELLS-FARGO HOME MORTGAGE, IN THE COURT OF COMMON PLEAS OF INC CUMBERLAND COUNTY, PENNSY'VLANIA Plaintiff, V. MARY E LEN HOFFECKER, Defendant 9 NO. 02-4432 : CIVIL ACTION-LAW TO PLAINTIFF RESPONSE NOW, this ---2 3',A day of L_, comes the Defendant, Mary Ellen Hoffecker and answer's Plaintiff's Certifi/ cation of No Response and avers in support the?eof as follows; 1. 2. ADI? IITTED- 3. ADMITTED IN PART. DENIED IN PART. Whale it is admitted that the Defendant has not filed a response or brief in opposition to the Motion for Summary Judgment, Ilit must be noted by the Court that there is no Notice to Plead attached to Plaintiff's Motion for Summary Judgment. By way of further answer, pursuant to Local Rule 210-4, a party responding to a motion shall file a brief five-(5) days before the date set for argument. According to the Court's 2003 Court calendar, if Defendant filed a Praecipe t list the case for argument on December 16, 2002, argument on the Motion would not be heard until February 12, 2003. Therefore, pursuant to Rule 210-6, Defendant's brief in response to the Motion for Summary Judgment is not due until twelve-(1 ) days prior to the Argument Court date, or February 1, 2003. Therefore, Plaintiff's rgquest for a grant of it's Motion for Summary Judgment is premature and must be den?ed. Respectfully submitted, THE LAW OFFICES OF JOSEPH L. HITCHINGS Date: / &?d n 3 By: 4sJh L. Hitchings Attorney for Defendants Attorney I.D. # 65551 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Telephone: (717) 534-2600 Fax: (717) 534-1344 VERIFICATION I verify that the statements made in this Answer To Plaintiff's Certification Of No Response are true and correct to the best of my knowledge infonnation and belief, as counsel for the Defendant. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 elating to unsworn falsification to authorities. WELLS-FARGO HOME MORTGAGE, IN THE COURT OF COMMON PLEAS OF INC CUMBERLAND COUNTY, PENNSYVLANIA Plaintiff, ; NO. 02-4432 vs' MARY ELLEN HOFFECKER, ; CIVIL ACTION-LAW Defendant CERTIFICATE OF SERVICE I, J seph L. Hitchings of The Law Office of Joseph L. Hitchings, Attorney for the Defendant, Mary Ellen Hoffecker, do hereby certify that I served a true and correct copy of the attached Defendant's Answer TO Plaintiff's Certification of No Response, by United States Mail, First Class, postage prepaid upon the counsel listed below: Frank Federman, Esquire Federman & Phelan One Penn Center at Suburban Station 1617 JFK Boulevard Suite 1400 Philadelphia, Pennsylvania 191034814 Respectfully Submitted, THE LAW OFFICE OF JOSEPH L. HITCHINGS 4e L. Hitchings, Esq ire Attorney for Defendant Attorney I.D. # 65551 203 West Caracas Avenue Suite 201 Hershey, Pennsylvania 17033 c.? a ?. ? ? <...? :? ?.., rv ? , ?-- , ;-?, r .? - , _ ,:; == ? c- .?. . ; ..? t , = ? c7 ? ? c.> FEDERMAN AND PHELAN, LLP BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station 1617 J.F.K. Blvd. - Suite 1400 Philadelphia PA 19103-1814 Wells Fargo Home Mortgage, Inc 5024 Parkway Plaza Boulevard Charlotte, NC 28217-2407 Plaintiff vs. Mary Ellen Hoffecker 3521 Beech Run Lane Mechanicsburg, PA 17055 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY CCP NO. 02-4432 CERTIFICATION OF NO RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 1. On December 16, 2002, Plaintiff filed a Motion for Summary Judgment against Defendant, Mary Ellen Hoffecker. 2. On December 16, 2002, Plaintiff filed an Praecipe for Listing Case for Argument pursuant to Cumberland County Local Rules. 3. Attorney for the Plaintiff hereby certifies that Plaintiff has not received a response or brief in opposition to the Motion for Summary Judgment. WHEREFORE, Plaintiff respectfully requests that this matter be directed to the Assigned Judge for grant of Plaintiff's Motion for Summary Judgment. Respectfully submitted, Date 14- -F?r?ankl "j ed erman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station Attorney for Plaintiff 1617 J.F.K. Blvd. - Suite 1400 Philadelphia PA 19103-1814 Wells Fargo Home Mortgage, Inc. 5024 Parkway Plaza Boulevard Charlotte, NC 28217-2407 Plaintiff VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY Mary Ellen Hoffecker 3521 Beech Run Lane Mechanicsburg, PA 17055 Defendant CCP NO. 02-4432 CERTIFICATE OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiffs Certification of No Response was sent via regular mail to counsel for Defendant on the date listed below: Joseph L. Hitchings, Esquire 203 West Carcas Avenue Suite 201 Hershey, PA 17033 DATE: 03 BY: Frank Federman, Esquire Attorney for Plaintiff C) o -, :. F f'?r _ lam) •• -1 tV WELLS-FARGO HOME MORTGAGE, IN THE COURT OF COMMON PLEAS OF INC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 02-4432 MARY ELLEN HOFFECKER, Defendant CIVIL ACTION-LAW DEFENDANT'S AMENDED ANSWER TO PLAINTIFF'S CERTIFICATION OF NO RESPONSE NOW, this F.1 o _' day of r+? ),u,,3 comes the Defendant, Mary Ellen Hoffecker and answer's Plaintiff s Certification of No Response and avers in support thereof as follows; ADMITTED 2. ADMITTED. ADMITTED IN PART. DENIED IN PART. While it is admitted that the Defendant has not filed a response or brief in opposition to the Motion for Summary Judgment, it must be noted by the Court that there is no Notice to Plead attached to Plaintiff s Motion for Summary Judgment. By way of further answer, pursuant to Local Rule 210-6, a party responding to a motion shall file a brief five-(5) days before the date set for argument. According to the Court's 2003 Court calendar, if Defendant filed a Praecipe to list the case for argument on December 16, 2002, argument on the Motion would not be heard until February 12, 2003. Therefore, pursuant to Rule 210-6, Defendant's brief in response to the Motion for Summary Judgment is not due until five- (5) days prior to the Argument Court date, or February 7, 2003. Therefore, Plaintiff s request for a grant of it's Motion for Summary Judgment is premature and must be denied. Respectfully submitted, THE LAW OFFICES OF JOSEPH L. HITCHINGS Date: e-) k-3 r By: J seph L. Hitchings Attorney for Defendants Attorney I.D. # 65551 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Telephone: (717) 534-2600 Fax: (717) 534-1344 WELLS-FARGO HOME MORTGAGE, IN THE COURT OF COMMON PLEAS OF INC. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. NO. 02-4432 MARY ELLEN HOFFECKER, CIVIL ACTION-LAW Defendant CERTIFICATE OF SERVICE I, Joseph L. Hitchings of The Law Office of Joseph L. Hitchings, Attorney for the Defendant, Mary Ellen Hoffecker, do hereby certify that I served a true and correct copy of the attached Defendant's Amended Answer TO Plaintiff's Certification of No Response, by United States Mail, First Class, postage prepaid upon the counsel listed below: Frank Federman, Esquire Federman & Phelan One Penn Center at Suburban Station 1617 JFK Boulevard Suite 1400 Philadelphia, Pennsylvania 19103-1.814 Respectfully Submitted, THE LAW OFFICE OF JOSEPH L. HITCHINGS 60 o ph L. Hitchings, Esquir , Attorney for Defendant Attorney I.D. # 65551 203 West Caracas Avenue Suite 201 Hershey, Pennsylvania 17033 ? n ; ?_; -TI WELLS FARGO HOME MORTGAGE, INC., Plaintiff V. MARY ELLEN HOFFECKER, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4432 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HOFFER, P.J., and OLER, J. ORDER OF COURT AND NOW, this 29`x' day of April, 2003, upon consideration of Plaintiff's Motion for Summary Judgment, and for the reasons stated in the accompanying opinion, the motion is granted and an in rem judgment is entered in favor of Plaintiff and against Defendant for $142,502.04 plus interest and other costs and charges collectible under the mortgage, for the foreclosure and sale of the mortgaged property. ,.-Jenine R. Davey, Esq. Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Attorney for Plaintiff ?Joseph L. Hitchings, Esq. Suite 201 203 West Caracas Ave. Hershey, PA 17033 Attorney for Defendant BY THE CO T, r `Wesley , Jr., J RK.s q - M. 63 r ? f ,? J 1 t .,? , ?, +..! w Z: 9 (' WELLS FARGO HOME MORTGAGE, INC., Plaintiff V. MARY ELLEN HOFFECKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4432 CIVIL ACTION IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HOFFER, P.J., and OLER, J. OPINION and ORDER OF COURT OLER, J., April 29, 2003. In this mortgage foreclosure action, Plaintiff has filed a Motion for Summary Judgment. Defendant, in a brief in opposition to the motion, argues that material facts remain in dispute related to (a) the pendency of an alleged appeal by Defendant from a denial of emergency assistance by the Pennsylvania Housing Finance Agency and (b) the reasonableness of attorney's fees, title search charges, and costs of suit claimed by Plaintiff. The matter was argued on February 12, 2003.1 For the reasons stated in this opinion, Plaintiff's motion will be granted. STATEMENT OF FACTS On a motion for summary judgment, the record includes the pleadings, depositions, answers to interrogatories, admissions, affidavits, and expert reports. Pa. R.C.P. 1035.1. In the present case, the pertinent factual record consists of Plaintiff's Complaint in Mortgage Foreclosure, Defendant's Answer with New Matter, Plaintiff's Reply to Defendant's New Matter, Plaintiff's Motion for Summary Judgment, and an 1 It is noted that counsel for Defendant did not appear at oral argument and relies upon a brief submitted in the case. affidavit of Scott Patterson, Assistant Vice-President of Plaintiff Corporation,2 appended to Plaintiff's summary judgment motion. On April 24, 2000, Defendant executed a mortgage in favor of Plaintiff encumbering premises located at 3521 Beach Run Lane, Hamden Township, Cumberland County, Pennsylvania.3 The amount borrowed was $136,500.00.4 The mortgage instrument provided, in relevant part, as follows: ... This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payment, .. . 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayments and late charges due under the Note. 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non- existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, 2 Aff. of Scott Patterson ¶ 1, Nov. 27, 2002. 3 Pl.'s Compl. in Mortgage Foreclosure ¶ 3; Def.'s Answer with New Matter ¶ 3. 4 Id. 2 including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law.5 On March 1, 2002, Defendant defaulted on the mortgage obligation because she failed to make a monthly payment on the principal and interest due on that date.b Plaintiff sent notice by both regular and certified mail on May 6, 2002, to Defendant, as required by 35 P.S. §1680.403 C,7 advising Defendant, in pertinent part: This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be available to help save your home This notice explains how the program works. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees, and costs connected with the foreclosure sale and any other costs connected with the Sheriff's sale as specified in writin b the Lender and b performing any other requirements under the mortaaae.... Defendant applied to the Pennsylvania Housing Finance Agency pursuant to the Homeowners Mortgage Assistance Program.9 However, this application was denied. 10 5 Pl.'s Compl. in Mortgage Foreclosure (emphasis in the original). 6 Pl.'s Compl. in Mortgage Foreclosure 15; Def.'s Answer with New Matter ¶ 5. Defendant's status in this regard is not at issue. See Def.'s Brief in Opposition to Pl.'s Motion for Summ. J., at 2. 7 Pl.'s Compl. in Mortgage Foreclosure ¶ 8; Def.'s Answer with New Matter ¶ 8. s Pl.'s Motion for Summ. J., Ex. F (emphasis in the original)- 9 Def.'s Answer with New Matter ¶ 15; Pl.'s Reply to Def.'s New Matter ¶ 15. io Id 3 Plaintiff filed the Complaint in Mortgage Foreclosure in this matter on September 16, 2002, alleging that Defendant was in default on her mortgage and asking that the mortgage be foreclosed so that Plaintiff could have the property sold and recover $134,385.19 in principal, $6,460.29 in interest, $1,225.00 in attorney's fees, $354.73 in cumulative late charges and $550.00 in title search charges and costs of suit, less $473.17 held in escrow, for a total of $142,502.04.11 Defendant filed her Answer with New Matter on October 17, 2002.12 In her New Matter, Defendant averred, in pertinent part, that an appeal from the denial of her application to the Pennsylvania Housing Finance Agency for assistance was pending, and that the attorney's fees, title search charges, and cost of suit requested by Plaintiff were unreasonable. 13 Plaintiff's Reply to Defendant's New Matter was filed on November 15, 2002.14 It averred, inter alia, that the Pennsylvania Housing Finance Agency had no record of Defendant's purported appeal, 15 and that the fees and costs in question were reasonable and consistent with the mortgage documents. 16 Plaintiff filed the Motion for Summary Judgment that is presently before the court on December 16, 2002.17 On January 29, 2003, Plaintiff filed a Certification of No Response to Plaintiff's Motion for Summary Judgment. 18 Defendant filed an answer to Plaintiff's certification of no response and an amended answer to Plaintiff's certification 11 Compl. in Mortgage Foreclosure ¶ 5 & 6. 12 Answer. 13 Id. ¶ 12-16. 14 Pl.'s Reply to Def.'s New Matter. 15 Id. ¶ 15. 16 Id. ¶ 16. 17 Motion for Summ. J. The affidavit of Scott Patterson, Assistant Vice-President of Plaintiff, was attached to this motion. 18 Pl.'s Certification of No Response to Pl.'s Motion for Summ. J. 4 of no response on January 27, 2003, and January 31, 2003, respectively. 19 These admitted that Defendant had filed no response to the motion; however, Defendant observed that Plaintiff had failed to attach a notice to plead to its motion for summary judgment and that briefs on the issue were not required until five days before argument court .20 Both parties submitted briefs and the matter was argued on February 12, 2003. DISCUSSION Statement of Law Summary Judgment. Under Pennsylvania Rule of Civil Procedure 1035.2, it is provided as follows with respect to summary judgment: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or (2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury. Pa. R.C.P. 1035.2. When considering whether summary judgment is proper, a court must examine the record in the light most favorable to the non-moving party, with all doubts resolved against the moving party. Demmler v. SmithKline Beecham Corp., 448 Pa. Super. 425, 430, 671 A.2d 1151, 1153 (1996) (citing Denlinger, Inc. v. Dendler, 415 Pa. Super. 164, 170, 608 A.2d 1061, 1064 (1992)). 19 De£'s Answer to Pl.'s Certification of No Response; Def.'s Amended Answer to Pl.'s Certification of No Response. 20 Id. 5 On a summary judgment motion, the non-moving party "may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion" that identifies: (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifying in support of the motion, or (2) evidence in the record establishing the facts essential to the cause of action or defense which the motion cites as not having been produced. Pa. R.C.P. 1035.3(a). "Summary judgment may be entered against a party who does not respond." Pa. R.C.P. 1035.3(d). This consequence of a failure to file an answer to a motion for summary judgment is not dependent upon an endorsement of the motion with a notice to plead. Cf. Pa. R.C.P. 1026; Pa. R.C.P. 1017(a). Effect of Pendency of Appeal from Denial by Pennsylvania Housing Finance Agency. The Pennsylvania Housing Finance Agency Law provides, in relevant part: (6) If the mortgagor applies for mortgage assistance payments, the agency shall promptly notify all of the mortgagees secured by the mortgagor's real property. The agency shall make a determination within sixty (60) calendar days of receipt of the mortgagor's application. During the time that the application is pending, no mortgagee may commence legal action to foreclose upon its mortgage with mortgagor. Act of Dec. 3, 1959, P.L. 1688, § 403C, as amended, 35 P.S. § 1608.403c(b)(6) (West 2002); see also NBD Mortgage Company, Inc. v. Pennsylvania Housing Finance Agency Homeowner Emergency Assistance Program, 168 Pa. Commw. 645, 653-54, 651 A.2d 237, 241-42 (1994). The Pennsylvania administrative regulations pertaining to the Housing Finance Agency provide, in part, as follows: (ii) An applicant who is denied a mortgage assistance loan may request an administrative hearing under §31.207 (relating to repayment). This 6 request does not prohibit a mortgagee from pursuing legal action to enforce the mortgage. 12 Pa. Code § 31.203(b)(12)(ii) (emphasis added).21 Attorney's Fees, Title Search Charges, and Costs. The absence of a concession by a defendant on the issue of the reasonableness of attorney's fees will not necessarily preclude a grant of summary judgment in a mortgage foreclosure action. See First National Bank and Trust Comp. of Newtown v. Errico, 40 Pa. D. & C.3d 228 (Bucks Co. 1985); Bogley, Harting & Reese, Inc. v. Stuart, 11 Pa. D. & C.3d 303 (Chester Co. 1979). Application of Law to Facts With respect to the issue of the effect on Plaintiff's mortgage foreclosure action of any appeal from an initial denial by the Pennsylvania Housing Finance Agency of Defendant's application for assistance, two factors militate against acceptance of Defendant's position herein. First, the applicable statute does not by its terms preclude an action in foreclosure during the pendency of such an appeal. 35 P.S. § 1608.403(b)(6) (West 2002). Second, the applicable administrative regulation expressly provides that an appeal will not bar a foreclosure proceeding. 12 Pa. Code § 31.203(b)(12)(ii). With respect to the issue of the reasonableness of attorney's fees, title search charges, and cost of suit set forth by Plaintiff, (a) the absence of any appearance of unreasonableness on the face of the amounts attributable to these items, and (b) the failure of Defendant to file a response to Plaintiff's motion for summary judgment have led the court to conclude that Plaintiff's motion should not be denied on a theory that a genuine issue of material fact exists as to these charges. For the foregoing reasons, the following order will be entered: 7 ORDER OF COURT AND NOW, this 29'x' day of April, 2003, upon consideration of Plaintiff's Motion for Summary Judgment, and for the reasons stated in the accompanying opinion, the motion is granted and an in rem judgment is entered in favor of Plaintiff and against Defendant for $142,502.04 plus interest and other costs and charges collectible under the mortgage, for the foreclosure and sale of the mortgaged property. BY THE COURT, /s/ J. Wesley Oler., Jr. J. Wesley Oler, Jr., J. Jenine R. Davey, Esq. Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Attorney for Plaintiff Joseph L. Hitchings, Esq. Suite 201 203 West Caracas Ave. Hershey, PA 17033 Attorney for Defendant 21 But see United Penn Bank v. Yustat-Lewis, 3 Pa. D. & CAth 487 (Luzerne Co. 1989). 8 FEDERMAN AND PHELAN By: Frank Federman, Esquire Attorney I.D. No.: 12248 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO HOME MORTGAGE Attorney for Plaintiff CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. MARY ELLEN HOFFECKER CIVIL DIVISION Defendant(s). NO. GD 02-4432 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)1403 FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by certificate of mailing to JOSEPH L. HITCHINGS ESQUIRE Attorney for the Defendant(s) MARY ELLEN HOFFECKER on JUNE 9, 2003. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. FEDDERMQAN AND PHELAN By' ?f 2 I' FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF Dated: June 12, 2003 oYz r A 6 to A W N O ? Oo J O? In A W N ry. y] a` D mo ? m Z c 3 c m p? ? t - 7r O O z ? y p 9 y C , ? ? j ? 6 = w4 r \ O N ? o x a v x /`7 p A A w Z C m z ? z ? d d A Sri a > O y n a C i7 > y a H W A c n n O ?°= `? 7 =9 t " to C r - ."c g c Cn Y O -zl R ° ? k . o c U) tSf ., a b 7 va - ? E'?a O w b Vl m y 6 ? 1 ] c ? b D ' 0 0 ^ i p N o m ? k G 6 ? - j X N p 6 Y tl a iw v r ' T T »?am a3 -f DS a 7??m ? d ?roh9 w ?1 ? ro o oac ',ti wx?m 0o C ? 9 A ? ? Z ? a. m r 7 ? ? ro A O G O n C co ;, 'j C? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO HOME MORTGAGE, I) CIVIL ACTION INC. ) VS. CIVIL DIVISION MARY ELLEN HOFFECKER ) NO. 02-4432 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) I, FRANK FEDERMAN, ESQUIRE attorney for WELLS FARGO HOME MORTGAGE, INC, hereby verify that on June 9, 2003 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing; to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: August 11, 2003_ FRAI= NK FED1 i"a- Attorney for Plaintiff 9 ° .? ?O ao J o? u• s' w ^ ? in A w N ? c? ma 6 gN "? k ? Y 0 r 0 mss] ° N5 m°-?' o 8g?d d'Q9 Q. u" E °nE?Ra E o n N ? ? o a JR. d E'?a E Q5^9. S1 R tZ re S. ? d o. y 5 3 e X o ?o tn5 a o m A 9 ? O N I - z' z 7O O r? !y q n 4C?'y'!1 •S? o-.? 6 O 6 e O N O a N '?' ? [T1 Ow V Y '?C C'1 r ? Q [?1 X ? ? Cs9 In b Iny O C" w Ctl ny b I a o J_ w N oar?y A ? A O J CT, o a o' ro co G •F1 ?' A O O of ?t G 3?y z • _-2 1 A 4 37J43p0377 J(O e ???'b^ n MAILED FR4P?'7 ZIP I.?q Y ['; ? .? C. 4: =r1 r_ 'L i`. -. _: ci - ,'??, r, - ' . } ?. _? .n ^1? ui ? Wells Fargo Home Mortgage, Inc. VS Mary Ellen Hoffecker In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4432 Civil Tenn R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 14.58 Posting Bills 15.00 Advertising 15.00 Mileage 19.32 Levy 15.00 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Law Journal 311.90 Patriot News 272.53 Share of Bills 28.90 $ 743.73 paid by attorney 9/4/03 Sworn and subscribed to before me So Answgrs: This a, day of P 2003, R. Thomas Kli(n'e, Sheriff , A.D. BY J0 ? ?7Y1/J,? Prothonotary Real EstAte Deputy ,, 50 C? 4an13 d? Real Estate Sale # 55 On June 12, 2003 the sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA known and numbered as 3521 Beech Run Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 12, 2003 By: Jod-q S Real Estate Deputy 0 C*Q d +r+ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act 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 March 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. PUBLICATION ...................... .............. Y?"..f..... COPY ` before is 13th da of Augft2003 A.D. SALE #55 anal Seal Terry L. Russell Notary Pubic r REAL ESTATE SALE No. 55 , M Harrisburg, paw WrltNo.2002-4432 ExplresJune6,2006 N TARY PUBLIC Cavil Term Wells Fargo Home Member, Penns n ywa iaAssociabonof( My commission expires June 6, 2006 Mortgage, Inc. Vs Mary Ellen Hoffecker CUMBERLAND COUNTY SHERIFFS OFFICE Atty.: Frank Federman DESCRIPTION CUMBERLAND COUNTY COURTHOUSE ALL THAT CERTAIN lot or tract of ground CARLISLE PA. 17013 with the building and improvements thereon , situate in the Township of Hampden, erected , County of Cumberland .ad commonwealth of d i ib Statement of Advertising Costs n e Pennsylvania, bounded and descr accordance with a S ',division Plan of Laurel To THE PATRIOT-NEWS CO. Dr. Hies, section 1, ade by Buchan-Horn Consulting Engineers 8r Planners, dated , For publishing the notice or publication attached December 5, 1974, Job No. 203020 and recorded f the Recorder of deeds in and for offi h hereto on the above stated dates $ 270.78 ce o e in t Cumberland County, Pennsylvania, in Plan Book Probating same Notary Fee(s) $ 1.75 31, Page 27, as follows, to wit: BEGINNING at a stake set on the South side of Total $ 272.53 Beech Run Lane (60 feet wide), a comer of Lot #151; thence extending from said beginning stake and measured along line of Lot #151, South 05 Publishers Receipt for Advertising Cost The Patriot News Co ., publisher of The Patriot-News and The Sunday 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. degrees 20 minutes 44 seconds East, 125.00 feet to a stake, a corner of Lot #141; thence extending along same, South 85 degrees 47 minutes 38 seconds West, 100.02 feet to a stake set on the East side of Fairfield Street (50 feet wide); thence extending along same the two following courses and distances; (1) North 05 degrees 20 minutes 44 seconds West, 98.01 f ^t to a point of curve and (2) on a line curving , the right having a T-Aus of 39.27 feet to a stake set on the South side of Beech Run Lane, aforesaid; thence extending along same, North 84 degrees 39 minutes 16 seconds East, 75.00 feet to a stake, the first mentioned stake and place of BEGINNING. By BEING Lot #140 as shown on said Plan. HAVING thereon erected a dwelling known and numbered as 3521 Beech Run Lane. TITLE TO SAID PREMISES is vested in Mary Ellen Hoffecker by Deed from Associates Relocation Management Company, Inc., it Colorado Corporation, dated 8/29/1995 and recorded 11/20/1995 in Deed Book 131, Page 585. TAX PARCEL NO.: 18-1310-51. 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 SALE NO. 55 Writ No. 2002-4432 Civil Wells Fargo Home Mortgage, Inc. VS. Mary Ellen Hoffecker Atty.: Frank Federman ALL THAT CERTAIN lot or tract of ground with the building and im- provements thereon erected, situ- ate in the Township of Hampden. County of Cumberland and Com- monwealth of Pennsylvania, bound- ed and described in accordance with a Subdivision Plan of Laurel Hills, Section 1, made by Buchart-Horn Consulting Engineers & Planners, dated December 5, 1974, Job No. 203020 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 31, Page 27, as fol- lows, to wit: S sw 13ts i, Ay V{ATi7 • 4tl66Y1 before me this 1 day of AUGUST, 2003 BEGINNING at a stake set on the South side of Beech Run Lane (60 feet wide), a corner of Lot #151; thence extending from said begin- ning stake and measured along line of Lot #151, South 05 degrees 20 minutes 44 seconds East, 125.00 feet to a stake, a corner of Lot # 141; thence extending along same, South 85 degrees 47 minutes 38 seconds Wrest, 100.02 feet to a stake set on the East side of Fairfield Street (50 feet wide); thence extending along same the two following courses and distances: (1) North 05 degrees 20 minutes 44 seconds West, 98.01 feet to a point of curve and (2) on a line curving to the right having a radius of 25.0 feet, the are distance of 39.27 feet to a stake set on the South side of Beech Run Lane, afore- said; thence extending along same, North 84 degrees 39 minutes 16 seconds East, 75.00 feet to a stake, the first mentioned stake and place of beginning. BEING Lot # 140 as shown on said Plan. HAVING thereon erected a dwell- ing known and numbered as 3521 Beech Run Lane. TITLE TO SAID PREMISES IS VESTED IN Mary Ellen Hoffecker by Deed from Associates Relocation Management Company, Inc., a Colo- rado Corporation, dated 8/29/1995 and recorded 11/20/1995 in Deed Book 131, Page 585. Tax Parcel #18-1310-51. ?/ S FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE PHILADELPHIA, PA 19103 (211 y5.) 563_7000 1400 ATTORNEY FOR PLAINTIFF WELLS FARGO HOME MORTGAGE, INC. Plaintiff Vs. MARY ELLEN HOFFECKER Defendant(s) TO THE PROTHONOTARY: Cumberland County Court of Common Pleas CIVIL DIVISION NO. 02.4432 Kindly satisfy the Judgment which was entered on 4/29/03 against MARY ELLEN HOFFECKER, Defendant(s), in the amount of $149,811.57 relative to the instant matter and mark this case discontinued and ended, without prejudice, upon payment of your costs only. F K FEDER AN, ESQUIRE Attorney for Plaintiff Dated: September 30, 2003 c, c. -, = ?, t, :? -?,? :? ??- ? _. ? r ?rV , , ?? -,., _?. G L' - - , ? c-? 2 ? ??j ? « -<