HomeMy WebLinkAbout01-0252 FX
· FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHNF. KENNEDY BOULEVARD
SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
FIRST HORIZON HOME LOANS,
FIKIA FT MORTGAGE COMPANIES,
S/BIM TO E.B. MORTGAGE CORPORATION
4000 HORIZON WAY
IRVING, TX 75063
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff
TERM
NO. (j~ ,) ~-~ ~
v.
CUMBERLAND COUNTY
SCOTT A. RATHFON
307 VALLEY ROAD
SUMMERDALE, P A 17093
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 #: 0008409120
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1. Plaintiff is
FIRST HORIZON HOME LOANS,
F/KIA FT MORTGAGE COMPANIES,
S/BIM TO E.B. MORTGAGE CORPORATION
4000 HORIZON WAY
IRVING, TX 75063
2. The name(s) and last known address(es) of the Defendant(s) are:
SCOTT A. RATHFON
307 VALLEY ROAD
SUMMERDALE, P A 17093
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 8/31/89 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. 951, Page 185.
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 4/1/00 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. A copy of such notice is attached as Exhibit "A."
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6. The following amounts are due on the mortgage:
Principal Balance
Interest
3/1100 through 1211100
(Per Diem $10.81)
Attorney's Fees
Cumulative Late Charges
8/31189 to 1211100
Cost of Suit and Title Search
Subtotal
$41,491.30
2,983.56
1,000.00
174.06
550.00
$46,198.92
Escrow
Credit
Deficit
Subtotal
0.00
495.69
$ 495.69
TOTAL
$46,694.61
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. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as
required by 35 P.S. ~1680.403c on the date(s) set forth in the true and correct copy of
such notice(s) attached hereto as Exhibit "A."
9. 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 Plaintiffs written Notice to Defendants,
a true and correct copy of which is attached hereto as Exhibit "A"; 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
$ 46,694.61, together with interest from 12/1100 at the rate of$10.81 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.
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Isl Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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FIrst Horizon Home Loan
. 4000 Horiion Way.
irving, TX 75063
10/24/00
scon A RATIlFON
307 VALLEY RD.
SUMMBRDALEPA.17
CT 91 NOTICE
TAKE CTION TO SA VB YOUR
HOME FROM FORECLOSURE
The HOMEOWNER'S RTGAGE ASSISTANCE PR GRAM
our ome. This no . co lains bow the works,
ma able 10 hel to save
S ING
ou when au
The or Credit Counse . A enc 'es servin our Conn are
at the end of this No . ee. If au have an tions u ma eall1he P Ivania HOllsin Firiance
A tol1fteeatl-Soo. 42-2397. ersonswith' 'ed . can call 077S0-1869.
This Notice contains ilnpo t legal infonnation. If you have any questions, representatives al the
Consumer Credit Counsel" Agency may 00 able to help explain it. You may also want to contact an
attorney in your area. Th loeal'bar association may be able to help you find a lawyer.
JUNTO ES DE SOMA IMPORTANCIA, PUES AFECTA SU DERECHO A
EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
A UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA
HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBERO
PUEDES SER ELEGmLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEO R'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SAL V AR SU C SA DE LA PERDIDA DEL DERECHO A REDlMIR SU HIPOTECA.
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307 VALLEY RD.
SUMMERDALllPA.1709
LOAN Acer. NO: 00084 120
FlRST HORIZON HOME OANS
ORIGINAL LENDER, FT. ORTGAGECOMPANY
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FOR FlNANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSIST CE ACT OF 1983 (THE "ACT"), YOU MAYBE ELlGmLE FOR
EMERGENCYMORTG GASSISTANCI::' ,
. - . .
, R'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
*IF YOUR l>EFAULT
CONTROL,
*IP YOU HAVE AREA NABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAE
PAYMENTS, AND
BEEN CAUSEl> BY CiRCUMsTANCES ,BEYONl> YOUR
"IF YOU MEET OTHE ELIGmILITY REQUlRE.L'\iENTS ESTABLlSHEl> BY THE
PENNSYLVANlAHOU G FINANCE AGENCY.
AP leATI N RM RT AGE ASSISTANCE-Your mortgage is in default for the reasons set
forth later in this Notice (s e following pages for specific information about the nature of your default). 1
you have tried and ate Ie to resolve this problem with the lender, you have the right to apply for
financial assistance from Homeowner's Emergency Mortgage Assistance Program. To do so, you must
fIlloul, sign and file a c Iete<! a completed Homeowner's Emergency Mortgage Assistance Program
Application wilh one of th designated consumer credit counseling agencies listed at the end of this Notice.
Only COll$umer credit c cling agencies have applications for the progIaffi and they will assist you in
submitting a complete app 'cation to the Pennsylvania Housing Finance Agency. VOIII application MUST
be filed orpo.stmarked w' in thirty (30) days of yo III face-to-face meeting,
APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU
OTHER TIME PERIOOS ET FORTH IN THIS LETTER,
FORECLOUSRE MAY ROCEEl> AGAINST YOUR HOME IMMEI>IATELY AND YOUR
APPUCATION FOR M RTGAGE ASSISTANCE Wll.L BE DENIED,
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AGENCY ACTION- A vai able funds for emergency mortgage assistance are very limited: They will be
clisbuned by the Agency , der Ihe e1~ity' crilelia established by the Act. The Pennsylvania HOIlsing
Fiuance Agency has sixty ( ) days to make a decision after it ~es yourapp1ic.tion. During that time,
no foreclosure proceedings I be pursued against you lfyou have met Ibe liuiCt.einlmIs set Corth
above. You will be notified . ectly by the Pennsylvllllia Housing Finance Agency oC its decision on YOut
application.
NOTE: lFYOU
BANKRUPTCY,
PURPOSES ONLY
CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
FOLLOWING PART OF TBIS NOTICE IS FOR INFORMATION
SHOULD NOT BE CONSIDERED AS AN ATI'EMPT TOCOLLECT
THE DEBT.
ankruptcy you ean still apply for Emergency Mortgage Assistanee).
(If YOD bave filed
HOW 0 CURE yOuR
OF
located at:
307VALLEYRD
SUMMBlIDALB PA. 1709
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T- The MORTGAGE debl held by the above lender on your property
IS SERIOUSLY IN DEFA
T because:
A. YOU HAVE NOT E MONTHLY MORTGAGE PAYMENTS Cor the following lIIonlhs and the
followiDg lIIIIOIlnts are ow past duc:
Due 04IOIIOOTHRU 1010 100 = $ 477.78
Late CJw:ges 135,38
Other charges (explain/i
Bad Check Fee =
Other Fees =
Minus Suspense =
'ze): ,"
<Bad Check Fee Amount>
36.50
<Suspense Balance>
TOTAL AMOUNr P
3514.24
B. YOU HAVE FAlLED TO TAKE THE FOllOWING ACTION (Do not use ifnotapplicable);
HOW 0 THE D FAULT You may cure the default within THIRTY (30) days of the date of
this notice BYPAYNG TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$3514.24. PLUS ANY M RTGAGE fA YMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE (30) DAY ERIOD. Payments must be made either by cash, cashier's check, certified
check or money order payable and sent to:
First Horizon Home Loan
4000 Horizon Way
Irving, TX 75063
Attn: Cashiering
ault by taking 1I1e following action within THIRTY (30) DAYS of the date of
t. licable,}
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IF YOU DO NOT C DEFAULT If you do not cure the default within lHIRTY (30) DAYS of
the dale of Ibis Notice" the' enderiDtends to ex rei I rl hts to accelerate the mo a e debt. This
means that the entire ou . balance oflhis debt will be considered due immediately atJd you may lose
the chance to pay the e in DlOIIlh1y installmenK If full payment of the tola! amolDll past due is not
made within TIIIRTY (30) AYS, the lender also intends to instruct its attorneys to start legal action to
foreelose D 0 r mert ro r .
IF MO TGAGE IS FORE OSED UPON-The mortgaged property will be .sold by the ShCriffto
payoff the mortgag!: debt. If the lender refers your caSe to it's attorneys, but you~ 'thede1inqueno/' ,
befoIe the lender begins Ie proceedings against you, you will still be Iequired to pay the reasonable
attorney's fees that were y incurred, up 10 $50.00. However, iflegal proceedings are started against
you, you will have to pay reasonable attorney's fees actually incuned by the lender even if they exceed
$50.00. Any attomey's will be added to the amount you oWe 1:I!c lender, which may~o include other
Ieasonableeosl5. If de ultwitbintheTIIIRTY 30 DAY 'od ouwillnober uiredto
Dav attomev's fees.
DIES-The lender may also sue you personally for the unpaid principal balance
the mortgage.
E BE 'S SALE DATE-It is estimated that the earliest date that such a
Sheriff's Sale of the roo ged property could be held would be approximately _months from the
date of tbls Notice. A no' of the actual date of the Sheriff's Sale will be senl to you before the sale. Of
CDlme, the amount neede to cure the defaull will increase ,the longer you wail. You may find out at any
time exactly what the d pa~ or. acti,on will be by contacting the lender.
LENDER:
GAGE-You _ may or _ may not (CHECK ONE) sell or transfer your
e who will assume the morlgage deb~ provided thai all the outstanding
ey's fees and costs are paid prior to or at the sale and that the other
go are satisfied.
First Horizon Home Loan
4000 Horizon Way
Irving, TX 75063
AtlD: Loan Counseling 0
1-800-707-9998IPhone
l-214-44l-1396/Fax
ALE- You should realize thai a Sheriffs Sale will end your ownership of the
mortgaged property and y right to oceupy,it. Ifyou,continue to live in the property after the Sheriffs
Sale, a lawsuit to remove ou and your furnishings and other belongings could be started by the lender at
anytime.
ASSUMPTION OF MO
home to a buyer or lransfi
payments, charges and a
requirements of the mo
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YOU MAY ALSO HAVE THE RIGHT
*TO SELL THE PROPER TO OBTAIN MONEY TO PAY OFF THEMORTGAB DEBTOR TO
BORROWER MONEY FB. M ANOTHBR LENDING lNS1.1TUTION TO PAY OFF TInS DEBT.
'TOHAVBTHISDBFA T CURED BY ANYTHm.TPARTY AcrINGONYOURBEHLF.
'TO HA VB THEMORTG GE RESTORED TO THE SAME posrrOIN AS IF NO DEFAULT HAD
OCCURRED,IF YOU THIl DEPAULT. (HOWEVER YOU DO NOT HA VB TI!IS RIGHT TO
CURE YOUR DEFAULT ORE THAN THREE TIMES IN ANY CALENDAR YEAR)
'TO ASSERT THE NO TENCE OF A DEFAULT IN ANY PORECLOUSRE PROCEEDING OR
ANY OTIIER. LAWSUIT STrrUTED UNDER THE MORTGAGE DOCUMENTS.
DEFENSE YOU BEllEVE YOU MAY HA VB TO SUCH ACTION BY
'TO ASSERT ANY 0
TIlE LENDER.
UNDER THE FEDERAL BANKRUPTCY LAW.
Page S ofS
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U EXHIBIT A
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PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
(REV. 8/00)
Lycoming"Clinton Counties Commision for
Community Action (STEP)
2138 Lincoln SlIeet P.O. Box 1328
Williamsporl, P A 17703
(570) 326-0587 FAX (570) 322-2197
CCCS ofNortlteastem PA
20 I Basin Street
Williamsport, P A 17703
(570) 323-6627 FAX (570) 323-6626
31 W. Market Street
POB 1127
Wilkes-Barre, PA 18702
(570) 1121-0837 or (800) 922.9537
FAX (570) 821-1785
CLINTON COUNTY
COLUMBIA COUNTY
Commission on Economics Opportunity of Luzeme County
163 Amber Lane
Wilkes-Barre, P A 18702
(570) 826.0510 or (800) 822-0359
FAX (570) 829-1665-(Call Before Faxing)
(570) 455-4994 Hazeltown
FAX (570) 455-5631-(Call Before Faxing)
(570) 836-4090 Tunkhannock
Booker T. Washington Center
1720 Holland Center
Etie. PA 16503
(814) 453-5744 FAX (814) 5749
John F. Kennedy Center, Inc.
2021 East 20. SlIeet
Erie, PA 16510
(814) 898-0400
FAX (814) 898-1243
CCCS of West em Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541.1757
Urban League of Metropolitan Harrisburg
N. 6Tb. Street
Harrisburg, PA 17101
(717) 234-5925 FAX (717) 234-9459
Community Action Comm of the Capital Region
1514 Deny SlIeet
Harrisburg, PA 17104
(717) 232-9757 FAX (717) 234-2227
CRAWFORD COUNTY
CUMBERLAND COUNTY
CCCS ofNortlteastem P A
1631 South Atherton St, Suite 100
Stale College. PA 16801
(814) 238-3668 FAX (814) 238-3669
1400 Abington Executive Park
Suite 1
Clarks Summit, P A 18411
(570) 587-9163 or (800) 922-9537
FAX (570) 587-9134-9135
Greater Erie Community Action Committee
18 West 9th Street
Erie, PA 16501
(814) 459-4581 FAX (814) 456-0161
Shenango Valley Urban League, Inc.
601 Indiana Avenue
Farrell, PA 16121
(412) 981-5310
Financial Counseling Services of Franklin
31 WestJrd Street -
Waynesboro, PA 17268
(717)762-3285
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, P A 17325
(717) 334-1518 FAX 334-8326
PENNSYLVANIA BULLETIN, VOL, 29. NO. 23, JUNE S, 1999
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"EXHIBIT A
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~ THAT CERTA1N tract O~ parce~ of land ana premises, B~tu.te, lyin9 and bein9
in the Townsh~p of Eaat Pennsboro ~n the Cognty of CUmber1and And Commonwealth
of p~nnsylvania, more par~ic~~a~ly desc~~bed ~s follows:,
BEGINNING at a po~nt ~n the southe~n line of Valley St~eet 152.3 feet West of the
sou~hwe.~cornerof the ~nte~section of Third and Valley s~reets; Chenee sou~hwardly
a10n9 the wes~e~n line of Lot No. 2, Sect~on E on the he~e~n.f~er mentioned Plan
of Lots 158.75 feet to a point 1n the no~thern line of a l6 feet wide alley; thence
westwArd~y a1on9 the nor~hexn line of $a~d l~ fe.t"~ide alley, so feet to a point;
thence po~thwaraly .lo~q ~he eastern line of Lot No.4, Section E, 157.5 f.et ~o
a point in the.outhe~n1ine of Valley Street; then~e eas~wa~Qly .10n9 the so~thern
line of Valley Street SO feet to a point, the place of BEGINNING.
BEING Lo~ NO. 3~ Section E on the Revised Plan of Lots known as Summerdole, said
P~An be~n9 recorded in the eumbe~1a^d COQney Reeorde~'s Office in plan BOOk 2,
Page 109.
HAVING thereon erected a two story frame sing!e family dwelling.
BEING all o~ the same prem~$e. which J~es Geo~qe Lamb, a/k/a James G. Lamb, and
Debra Ann Lamb, his wife, by ~heir Deed dated Oc~ober a, 1986, and reeo~ded in
the Oftioe of the Recorde~ of Deeds in and fo~ C~erland Co~n~y ~n Book F32, Page
999, 9ranted anQ conveyed un~o Robert V. Kephart, Jr.. Grantor herein. Rober~
v. Kephar~, Jr~, is nOw married to Debra MA~~ern Xephart who jo~ns in this con-
veyance to :elinquish any rights she has by marriage.
I/Al.aY
PREMISES: 307 ~ ROAD
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VERIFICATION
RICHARD MINOR hereby states that he is ASSISTANT V.P. of FIRST HORIZON
HOME LOANS CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is
, authorized to take this Verification, and that the statementsmade in the foregoing Civil Action in Mortgage
Foreclosure are true and correct to the best of his knowledge, infonnation 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.
DATE~OI
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ASSISTANT VICE PAESIDENT
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SHERIFF'S RETURN - REGULAR
,
CASE NO: 2001-00252 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST HORIZON HOME LOAN CORP
VS
RATHFON SCOTT A
ROBERT L. FINK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
was served upon
says, the within COMPLAINT - MORT FORE
RATHFON SCOTT A
the
DEFENDANT
, at 0018:10 HOURS, on the 16th day of January ,2001
at 307 VALLEY RD
SUMMERDALE, PA 17093
by handing to
SCOTT RATHFON
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
9.92
.00
10.00
.00
37.92
Sworn and Subscribed to before
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R. Thomas Kline
01/17/2001
FEDERMAN & PHELAN
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FEDERMAN AND PHELAN
By: Frank Federman, Esquire
Atty. I.D. No.: 12248
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
FIRST HORIZON HOME LOANS, FJK/A
FT MORTGAGE COMPANIES, SfBJM TO
E.B. MORTGAGE CORPORATION
Plaintiff
Court of Common Pleas
CUMBERLAND County
No. Ol-252-CIVIL
vs.
SCOTT A. RATHFON
Defendant(s)
PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE,
AND DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark
this case discontinued and ended, upon payment of your costs only.
J; ./;0/
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Frank Federman
Attorney for Plaintiff
Date
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