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Home My WebLink About07-25094r PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 153634 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE 9275 SKY PARK COURT THIRD FLOOR SAN DIEGO,, CA 92123 Plaintiff V. TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. 4 ESSEX ROAD CAMP HILL, PA 17011 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.6 7 -aS'o 9 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 153634 A It NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 153634 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 File #: 153634 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 153634 I . Plaintiff is DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE 9275 SKY PARK COURT THIRD FLOOR SAN DIEGO,, CA 92123 2. The name(s) and last known address(es) of the Defendant(s) are: TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. 4 ESSEX ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/28/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1943, Page: 2780. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 153634 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2007 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. The following amounts are due on the mortgage: Principal Balance $110,320.00 Interest $3,137.78 12/01/2006 through 04/30/2007 (Per Diem $20.78) Attorney's Fees $1,250.00 Cumulative Late Charges $94.80 02/28/2006 to 04/30/2007 Cost of Suit and Title Search $750.00 Subtotal $115,552.58 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $115,552.58 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 153634 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 153634 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $115,552.58, together with interest from 04/30/2007 at the rate of $20.78 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. PHELAN HALLINAN & SCHMIEG, LLP By: /s/ ra cis & Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 153634 LEGAL DESCRIPTION ALL THAT CERTAIN lot or plot of ground situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Essex Road sixty (60) feet wide at the dividing line between Lots Nos. 2 and 3; thence along Lot No. 3 North 63 degrees 33 minutes 30 seconds East, a distance of 120.0 feet to a point at the corner of Lots Nos. 110 and 111 Tract No. 1; thence a long Lot No. 111 South 26 degrees 26 minutes 30 seconds East, a distance of 60.0 feet to a point on the dividing line between Lot Nos. 111 and 112, Tract No. 1; thence along Lot No. 112 and Lot No. 1 South 63 degrees 33 minutes 30 seconds West, a distance of 120.0 feet to a point on the eastern line of Essex Road sixty (60) feet wide; thence along the eastern line of Essex Road North 26 degrees 26 minutes 30 seconds West, a distance of 60.0 feet to the point and place of BEGINNING. BEING Lot No. 2, Block 'C', on a plan of Lots of Cumberland Park in Lower Allen Township, Cumberland County, Pennsylvania, surveyed for Allen Park Development Corporation and filed or record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on October 19, 1951. PROPERTY BEING: 4 ESSEX ROAD File #: 153634 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his 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. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: Q 7G I- D ? 7- ?7, ?t -TI w PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS COURT OF COMMON PLEAS AS TRUSTEE CIVIL DIVISION V. TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. CUMBERLAND COUNTY NO. 07-2509-CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. By: Francis S. Hallinan, Esquire / Attorney for Plaintiff Dated: j! - 11% 0 VERIFICATION Eric Tate hereby states that he/she is Default Services Asst. Jr. 9 ECOMINGS FINANCIAL, LLC., mortgage servicing agent for Plaintiff in this matter, that he/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 his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4994 relating to unsworn falsification to authorities. ame: DATE: 5-a-)CO-7 Default Services Asst. Jr. Officer Company: HOMECOMINGS FINANCIAL, LLC. Loan: 153634 r.? ?J f?_ v ?.?i? ? `. W C to 6rn --4 N SHERIFF'S RETURN - REGULAR CASE NO: 2007-02509 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS MANCINI TODD M AKA TODD A MANC STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MANCINI TODD M AKA TODD A MANCINI AKA TODD M MANCINI SR the DEFENDANT at 1900:00 HOURS, on the 9th day of May 2007 at 4 ESSEX ROAD CAMP HILL, PA 17011 TODD M MANCINI by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge t 1110101 C ,- 18.00 12.48 .00 10.00 .00 V 40.48 Sworn and Subscibed to before me this day So Answers: ?? R. Thomas Kline 05/10/2007 PHELAN HALLINAN SCHMIEG By. eputy Sheriff of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-02509 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS MANCINI TODD M AKA TODD A MANC R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MANCINI TODD M AKA TODD A MANCINI AKA TODD M MANCINI SR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT MANCINI AKA TODD M MANCINI SR , 1773 SHEEPFORD ROAD NOT FOUND , as to MANCINI TODD M AKA TODD A MECHANICSBURG, PA 17055 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. CURRENT RESIDENT HAS BEEN THERE SINCE 2/28/07. r Sheriff's Costs: So answers:-, Docketing Service 9.60 Not Found 5.00 r R. Thom s Kline Surcharge 10.00 Sheriff of Cumberland County .00 6130101 ?, ? 30.60 PHELAN HALLINAN SCHMIEG 05/10/2007 Sworn and Subscribed to before me this day of , A.D. PHELAN HALLINAN & SCHMIEG, L.L.P. _ By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE 9275 SKY PARK COURT THIRD FLOOR SAN DIEGO, CA 92123 V. Plaintiff, TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI, SR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2509-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI, SR. , Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $115,552.58 Interest from 05/01/07 to 06/25/07 $1,163.68 TOTAL $116,716.26 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: .24 a.oo7 - 4??7ft? PRO ISO 153634 PHELAN HALLINAN & SCHMIEG, LLP «By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS : COURT OF COMMON PLEAS AS TRUSTEE Plaintiff : CIVIL DIVISION Vs. CUMBERLAND COUNTY TODD M. MANCINI A/K/A TODD A. MANCINI :NO. 07-2509-CIVIL TERM A/K/A TODD M. MANCINI, SR. Defendants TO: TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. 4 ESSEX ROAD CAMP HILL, PA 17011 DATE OF NOTICE: MAY 30, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HALL AN, ESQUIRE Attorneys for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE 9275 SKY PARK COURT THIRD FLOOR Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2509-CIVIL TERM TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI, SR. Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on Ju..,?c_ Z 4 2007. By: If you have any questions concerning this matter, please contact: r ANIEL G. SCHMIE*ES Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "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." PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE 9275 SKY PARK COURT THIRD FLOOR Plaintiff, v. TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI, SR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2509-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI, SR. is over 18 years of age and resides at, 4 ESSEX ROAD, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. J ANIEL G. SCHMIEG, ESI Attorney for Plaintiff 3 O V C VV fit.:`: ? t ?4 r,11 r PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE Plaintiff, V. No. 07-2509-CIVIL TERM TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI, SR. . Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 06/25/07 to DECEMBER 5, 2007 (per diem -$19.19) Add'1 Costs TOTAL $116,716.26 $3,127.97 and Costs $1,958.50 $121,802.73 A IEL G. SCHMI G, ESQUI One Penn Center at Suburban Du e 1400 1617 John F. Kennedy Boulevar it Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 153634 w? oz a? zz ?a OF u4 Oo ?z o? xW F? z? ~v .. CL- .1_ CV 't 3 ? Li I '"j { `0 t3 ° v ca a OW U? ?a aF F? ?U as ? xW A P4 z U z F A 0 F r t Q °o? o 03 **- T? c-e ?- z 0 U ? W ? O '~ F ? ?.y O O? w? U 5 w c? N CIO 0 a , 44 •? v a N b d) a? y?r N Cp 'IT M M kf) 1- la. Q 4 V rY- .-.? i ALL THAT CERTAIN lot or plot of ground situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Essex Road sixty (60) feet wide at the dividing line between Lots Nos. 2 and 3; thence along Lot No. 3 North 63 degrees 33 minutes 30 seconds East, a distance of 120. 0 feet to a point at the corner of Lots Nos. 110 and 111 Tract No. 1; thence a long Lot No. 111 South 26 degrees 26 minutes 30 seconds East, a distance of 60. 0 feet to a point on the dividing line between Lot Nos. 111 and 112, Tract No. 1; thence along Lot No. 112 and Lot No. 1 South 63 degrees 33 minutes 30 seconds West, a distance of 120. 0 feet to a point on the eastern line of Essex Road sixty (60) feet wide; thence along the eastern line of Essex Road North 26 degrees 26 minutes 30 seconds West, a distance of 60.0 feet to the point and place of BEGINNING. BEING Lot No. 2, Block V, on a plan of Lots of Cumberland Park in Lower Allen Township, Cumberland County, Pennsylvania, surveyed for Allen Park Development Corporation and filed or record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on October 19, 1951. Premises: 4 Essex Road, Camp Hill, PA 17011 Township of Lower Allen, Cumberland County Pennsylvania PARCEL IDENTIFICATION NO: 13-24-0797-118 CONTROL #: 13002160 TITLE TO SAID PREMISES IS VESTED IN Todd M. Mancini, by Deed from John A. Farrow and Kathleen J. Farrow, husband and wife, dated 02/28/2006, recorded 03/16/2006, in Deed Book 273, page 2870. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2509 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE Plaintiff (s) From TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI, SR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $116,716.26 L.L. $.50 Interest from 6/25/07 to 12/05/07 (per diem - $19.19) - $3,127.97 and costs Atty's Comm % Atty Paid $190.08 Plaintiff Paid Date: 06-29-07 (Seal) Due Prothy $2.00 Other Costs $1,958.50 Curti R. Long, Pr otary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE V. Plaintiff, TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI, SR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2509-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff o 0 C s rr?" Ti M D, w I t LL,f2 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE Plaintiff, v. TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI, SR. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2509-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at A ESSEX ROAD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TODD M. MANCINI A/K/A TODD A. 4 ESSEX ROAD MACINI A/K/A TODD M. MANCINI, SR. CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS, AS A NOMINEE FOR P.O. BOX 2026 HOMECOMINGS FINANCIAL FLINT, MI 48501-2026 NETWORK, INC. MERS, AS A NOMINEE FOR 9 SYLVAN WAY HOMECOMINGS FINANCIAL STE. 100 NETWORK, INC. PARSIPPANY, NJ 07054 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPT. OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER I verify that the statements made in this knowledge or information and belief I under penalties of 18 Pa. C.S. Sec. 4904 relating to u June 25, 2007 DATE reasonably ascertained, please indicate) 4 ESSEX ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FL. STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BLDG. HARRISBURG, PA 17105 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 avit are true and correct to the best of my personal that false stat ment he ein are made subject to the in falsificati to a Lo ties DANIEL G. SCHMIEG, ESQUi Attorney for Plaintiff C') CD C7 ri 73 f,. _? r st _ 1 im rC' _ 1?- ? GJ r 1 r DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE Plaintiff, V. TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI, SR. Defendant(s). CUMBERLAND COUNTY No. 07-2509-CIVIL TERM June 25, 2007 TO: TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI, SR. 4 ESSEX ROAD CAMP HILL, PA 17011 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at. 4 ESSEX ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriff s Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $116,716.26 obtained by DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot or plot of ground situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Essex Road sixty (60) feet wide at the dividing line between Lots Nos. 2 and 3; thence along Lot No. 3 North 63 degrees 33 minutes 30 seconds East, a distance of 120.0 feet to a point at the corner of Lots Nos. 110 and 111 Tract No. 1; thence a long Lot No. 111 South 26 degrees 26 minutes 30 seconds East, a distance of 60.0 feet to a point on the dividing line betweh?r:. Lot Nos. 111 and 112, Tract No. 1; thence along Lot No. 112 and Lot No. 1 South 63 degrees 33 minutes 30 seconds West, a distance of 120.0 feet to a point on the eastern line of Essex Road sixty (60) feet wide; thence along the eastern line c:: Essex Road North 26 degrees 26 minutes 30 seconds West, a distance of 60. 0 feet roc' the point and place of BEGINNING. BEING Lot No. 2, Block V, on a plan of Lots of Cumberland Park in Lower Allex, Township, Cumberland County, Pennsylvania, surveyed for Allen Park Development Corporation and filed or record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on October 19, 1951. Premises: 4 Essex Road, Camp Hill, PA 17011 Township of Lower Allen, Cumberland County Pennsylvania PARCEL IDENTIFICATION NO: 13-24-0797-118 CONTROL #: 13002160 TITLE TO SAID PREMISES IS VESTED IN Todd M. Mancini, by Deed from John A. Farrow and Kathleen J. Farrow, husband and wife, dated 02/28/2006, recorded 03/16/2006, in Deed Book 273, page 2870. C7 C ? ? ? -r? -?,, ?' ????, r ? -? ,. r . U rx?i:,.: ? ?T^ -G . ? ??yy+^. "C3 -"" `s ?` r a ...` /`? rv? ? ry -- ? j AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE DEFENDANT(S) TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI, SR. SERVE TODD M. MANCINI A/K/A TODD A. MACINI iA/K/A TODD M. MANCINI, SR. AT 4 ESSEX ROAD CAMP HILL, PA 17011 SERVED CUMBERLAND COUNTY No. 07-2509-CIVIL TERM ACCT. #153634 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 5, 2007 Served and made known to 1 Odd M . May ., , , Defendant, on the day of ftul?4 206', at ?; S} , o'clock P.m., at A E55 ex Camp 4-M Commonwealth of Pennsylvania, in the manner described below: Y Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)° s company. Other: A, S Height T? Weight 230 Race W Sex M Other Description: Age :1U I, M A4_?D MIQ L-L- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subs &N beforq n jJ d?+ of ,J L 't Imo" -., Notary. lIAY''nMMI=MV low SSIOiV EXPI ES EA ATTEMPT I V il.Lr§LT iL ASW TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ?? 9s 0 ? CZ C) r; -'a ?-a 7 rn r NJ PHELAN HALLINAN & SCHMIEG BY: DANIEL G. SCUMIEG, ESQUIRE I.D. NO, 62205 ATTORNEY FOR PLAINTIFF SUITE 1400IONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE v. TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI, SR. ATTORNEY FOR PLARV IUF 153634 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 67 -.2S'O? SUGGESTION OF RECORD CHANGE RE: NAME CHANGE TO THE PROTHONOTARY: cC., DANIEL G. SCHIVIIEG, ESQUIRE, attorney for the plaintiff, hereby certifies that, to the best of his knowledge, information and belief, the defendant(s)' name was erroneously listed as: TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI, SR. The correct name for the defendant(s) is/are: TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. Kindly change the information on the docket to reflect this change. D DANIEL G. G, ESQUIRE Attorney for Plaintiff r? [`r C:) rqj +'r ? f ? ,f ?Jl ?i . V . 22 F wrry .}- ti ul dot DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE Plaintiff, V. TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2509-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at A ESSEX ROAD, CAMP HILL, PA 17011. 1. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Mary Mancini 2233 N. Front Street c/o P. Richard Wagner, Esquire Harrisburg, PA 17110-1027 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. A o October 24, 2007 DATE ANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK TRUST COMPANY AMERICAS AS CUMBERLAND COUNTY TRUSTEE COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A NO. 07-2509-CIVIL TERM TODD M. MANCINI, SR. Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4 ESSEX ROAD, CAMP HILT., PA 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ? a NIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff Date: October 24, 2007 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the ahcence of a representative of the plaintiff at the Sheriff c Sale_ The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 153634 AN, 'a O fsr a can v a ??aCa ? C3 cl• V =° /+I 0! °? 'C q+ G zoo £0 4fi l 3wc)cgz WOU., amroW • ?:++ fi LOOZ ®Z Nnr 0loq LZVO00 SaV-ON A lt V •*. eg ypyp M `` p z ? ? °O o o aa. d O pq O a a z O CD o a S 4 cft z z N W O O 0 S W rMr P? ? 8 3 ? ? a - t ? E•„ N Q a a s h a a l ? o o aa O CW3 ?? `" A Q F ? ?a Q Q?, x z a05 ? dC7 d U3 ? ? ? wN o J E..t°Oi? V q ? w W N ' W?'' aN ? ? O ? O 00 z o . ? v p w c n r w ? A e y 0 f' F, p?: ,Z,., ., + Op o h 0 q zi z A U eV ' VO A ..t L m _V Q ? 'mg ^' N M Y1 ?O Op O .?. N M ?' h z;3 F a I £o is l LOOZ a 'a ox a C7 c cn ua ran ? U U a? a ?xa Uw A ?4 04 m cs. O `--° a a m m 'rs as a ?W zoo 8 3000d[z woa:j o3iidw •• H 5Z 100 0 W8 217000 Wl ZO_ P64 U w° (n Z I- w x '" y• O C i U w $ o N N A F°.9?ga N O ? a d ?b U 0. V A S a pr .? u . U ? ? o0 a o ? m a E z Q H O T z a ?! N M Nr vl ?O [? 00 C? 0 r4 m 't n F f? ? ? _ ??+- Q . ? ?, -n r ? ? ? rt ? ?? y t ? y.-• R ? ` ` i`i i ? ? .....,? ?ry ` J I L -ry y ..J?J .w? ?' ??? Deutsche Bank Trust Company Americas In the Court of Common Pleas of As Trustee Cumberland County, Pennsylvania VS Writ No. 2007-2509 Civil Term Todd M. Mancini a/k/a Todd A. Mancini a/k/a Todd M. Mancini, Sr. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 09, 2007 at 2042 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Todd M. Mancini a/k/a Todd A. Mancini a/k/a Todd M. Mancini, Sr., by making known unto Aaron Ulrich, adult resident, at 4 Essex Road, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1214 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Todd M. Mancini a/k/a Todd A. Mancini a/k/a Todd M. Mancini, Sr. located at 4 Essex Road, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Todd M. Mancini a/k/a Todd A. Mancini a/k/a Todd M. Mancini, Sr. by regular mail to his last known address of 4 Essex Road, Camp Hill, PA 17011. This letter was mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 16.92 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 26.88 Levy 15.00 Surcharge 20.00 Law Journal 371.00 Patriot News 335.72 Share of Bills 14.92 $ 862.94 x/ /z )ia/o 7 So Ans?y;x R. Thomas Kline, Sheriff BY Real Estate 6,6rgeant [,/9If ? DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI, SR. NO. 07-2509-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE, Plaintiff in the above action, by its attorney, DANIEL G. SCHNUEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,4 ESSEX ROAD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TODD M. MANCINI A/K/A TODD A. 4 ESSEX ROAD MACINI A/K/A TODD M. MANCINI, SR. CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last record Name MERS, AS A NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC. ed holder of every mortgage of record: Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. BOX 2026 FLINT, MI 48501-2026 MERS, AS A NOMINEE FOR 9 SYLVAN WAY HOMECOMINGS FINANCIAL STE.100 NETWORK, INC. PARSIPPANY, NJ 07054 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPT. OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER I verify that the statements made in this knowledge or information and belief. I under; penalties of 18 Pa. C.S. Sec. 4904 relating to u June 25, 2007 DATE reasonably ascertained, please indicate) 4 ESSEX ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FL. STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BLDG. HARRISBURG, PA 17105 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 avit are true and correct to the best of my personal that false statgment$ herein are made subject to the i? falSificati to a o ties -vt LA AA.,f ANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE Plaintiff, V. TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI, SR. Defendant(s). CUMBERLAND COUNTY No. 07-2509-CIVIL TERM June 25, 2007 TO: TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI, SR. 4 ESSEX ROAD CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at. 4 ESSEX ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriff s Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $116,716.26 obtained by DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot or plot of ground situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Essex Road sixty (60) feet wide at the dividing line between Lots Nos. 2 and 3; thence along Lot No. 3 North 63 degrees 33 minutes 30 seconds East, a distance of 120.0 feet to a point at the corner of Lots Nos. 110 and 111 Tract No. 1; thence a long Lot No. 111 South 26 degrees 26 minutes 30 seconds East, a distance of 60.0 feet to a point on the dividing line betwec3r' Lot Nos. 111 and 112, Tract No. 1; thence along Lot No. 112 and Lot No. 1 South 63 degrees 33 minutes 30 seconds West, a distance of 120. 0 feet to a point on the eastern line of Essex Road sixty (60) feet wide; thence along the eastern line <; Essex Road North 26 degrees 26 minutes 30 seconds West, a distance of 60. 0 feel. C0 the point and place of BEGINNING. BEING Lot No. 2, Block V, on a plan of Lots of Cumberland Park in Lower Allen. Township, Cumberland County, Pennsylvania, surveyed for Allen Park Developmen Corporation and filed or record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on October 19, 1951. Premises: 4 Essex Road, Camp Hill, PA 17011 Township of Lower Allen, Cumberland County Pennsylvania PARCEL IDENTIFICATION NO: 13-24-0797-118 CONTROL #: 13002160 TITLE TO SAID PREMISES IS VESTED IN Todd M. Mancini, by Deed from John A. Farrow and Kathleen J. Farrow, husband and wife, dated 02/28/2006, recorded 03/16/2006, in Deed Book 27 page 2870. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2509 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE Plaintiff (s) From TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI, SR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $116,716.26 L.L. $.50 Interest from 6/25/07 to 12/05/07 (per diem - $19.19) - $3,127.97 and costs Atty's Comm % Atty Paid $190.08 Plaintiff Paid Due Prothy $2.00 Other Costs $1,958.50 Date: 06-29-07 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 6?"6!!? Curti R. Long, P nota By: Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 10 On August 2, 2007 the Sheriff levied upon the defendant's interest in the real property situated in. Lower Allen Township, Cumberland County, PA Known and numbered as 4 Essex Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 2, 2007 By: Real ttatergeant ?, - ?I1f l??l xi The Patriot-News Co. - r. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot-dews Now you know 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 Assistant 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 date(s) indicated below. 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 COPY This ad ran on the date(s) shown below: ?. ???I!?hraw . Dlw?al? ?IR>Mwt 11atais ?. v TOM&MOrroN aildla -Tedd A. UM"We" AM Tff CSRTM,kt or 10101 of 1110,0111111111 ierate it 1A%W Aft *soft C"fthd Uonded ?adduoc?iad or 14 D®(G a< s?a?rt m ec?srr?a tieie of Beat low 'Wy t`fi't8M wide a !rc diri En lift"a tab 11oL 2 i X irerm Iat No. 3 No* 63`*VM -0 eiMaAl posse Esrt, 0'&0116e er 1*6111101s At 110 of test floe. Tt0V111 R N&t,, Sam it low 1A N& t l 26 d*M 26 ? 310 oe =6 ENK t of M fed b a )? as to fine '?!!a!LI ?'1rA1r+M 10/24/07 Sworn to me this 30 day of November, 2007 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal James L Clark, Notary Public City Of Harrisburg, ft#gn County My Comm")n E)rres June 2, 2008 Member, Pennsylvania Assoolallon of Notaries 10/31/07 11/07107 Notary Public 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: October 26, November 2 and November 9, 2007 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. 10 Writ No. 2007-2509 Civil Deutsche Bank Trust Company Americas as Trustee VS. Todd M. Mancini a/k/a Todd A. Mancini a/k/a Todd M. Mancini, Sr. Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot or plot of ground situate in Lower Allen Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Essex Road sixty (60) feet wide at the dividing line between Lots Nos. 2 and 3; thence along Lot No. 3 North 63 degrees 33 minutes 30 seconds East, a distance of 120.0 feet + ..r twe nCnm nr CS T n}o Nna Lisa arie Coyne, Edi r SWORN TO AND SUBSCRIBED before me this 9 day of November, 2007 „ _ Notary NOTAR(Al SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE Plaintiff, V. TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. Defendant(s). No. 07-2509-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 06/25/07 to DECEMBER 10, 2008 (per diem -$19.19) Add' I Costs TOTAL $116,716.26 $ 10,247.46 and Costs $ 5,152.50 $ 132,116.22 DANIEL G. SCHMIEG, ESQU" One Penn Center at Suburban on 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 153634 w? o? a zz vz OD ?z Oa xw E? z? C? 9 SL• a ..O 0 0 z d a OW V? z? ?dU w? xw ?d A 4.s 0 0 C7 ro p x z U z d a 0 H z 0 H V s. W H? ?.y O w 0t w? a V W 9 a v v r-1 0 d a a d x N ? V Va O N O w I Q .C 00 SLR 0001.?OCO?0 3 a? N CR M M .-r C ? C _' ? m rt caa cq O(P DESCRIPTION ALL THAT CERTAIN lot or plot of ground situate in Lower Allen Township., Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Essex Road sixty (60) feet wide at.. :i. dividing line between Lots Nos. 2 and 3; thence along Lot No. 3 North 63 degree minutes 30 seconds East, a distance of 120.0 feet to a point at the corner of Iso Nos. 110 and 111 Tract No. 1; thence a long Lot No. 111 South 26 degrees 26 mini:; 30 seconds East, a distance of 60.0 feet to a point on the dividing line beta-- Lot Nos. 111 and 112, Tract No. 1; thence along Lot No. 112 and Lot No. 1 South 3 degrees 33 minutes 30 seconds West, a distance of 120. 0 feet to a point on t eastern line of Essex Road sixty (60) feet wide; thence along the eastern lint- Essex Road North 26 degrees 26 minutes 30 seconds West, a distance of 60. 0 fec the point and place of BEGINNING. BEING Lot No. 2, Block V, on a plan of Lots of Cumberland Park in Lower Allen.. Township, Cumberland County, Pennsylvania, surveyed for Allen Park Developme; Corporation and filed or record in the Office of the Recorder of Deeds in and f cr Cumberland County, Pennsylvania, on October 19, 1951. Premises: 4 Essex Road, Camp Hill, PA 17011 Township of Lower Allen, Cumberland County Pennsylvania PARCEL IDENTIFICATION NO: 13-24-0797-118 CONTROL #: 13002160 TITLE TO SAID PREMISES IS VESTED IN Todd M. Mancini, by Deed from John A. Farrow an Kathleen J. Farrow, husband and wife, dated 02/28/2006, recorded 03/16/2006, in Deed Book 27 page 2870. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Bk. No. 1:07-bk-02236 RNO TODD M. MANCINI Chapter No. 13 Debtor DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE . 11 U.S.C. §362 Movant V. TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. Respondent ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 4 ESSEX ROAD, CAMP HILL, PA 17011, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE may immediately enforce and implement this Order granting Relief from the Automatic Stay.. r Robert N. Opel, II, Bankruptcy Judge VII) This document is electronically signed and filed on the same date. Dated: April 18, 2008 PHEL'AN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE Plaintiff, V. TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2509-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Jim DANIEL G. SCHMIEG, ES Attorney for Plaintiff t) -n C- ? C= y ff?f3r n-I '? ;... ? ' co <ti. ?1. .. C C r IV DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE Plaintiff, V. TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2509-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,4 ESSEX ROAD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. 4 ESSEX ROAD CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Same as above Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS, AS A NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC. P.O. BOX 2026 FLINT, MI 48501-2026 MERS, AS A NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC. 9 SYLVAN WAY STE. 100 PARSIPPANY, NJ 07054 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPT. OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER Mary Mancini c/o P. Richard Wagner, Esquire 4 ESSEX ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FL. STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BLDG. HARRISBURG, PA 17105 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 2233 N. Front Street Harrisburg, PA 17110-1027 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to un orn falsificatio to authorities. June 9, 2008 DATE D NIEL G. SCHMIEG, ES Attorney for Plaintiff C7 C7 -n 'Tj ti:t t_ FT! ni- ti O ?? Y DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE Plaintiff, V. TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. Defendant(s). CUMBERLAND COUNTY No. 07-2509-CIVIL TERM June 9, 2008 TO: TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. 4 ESSEX ROAD CAMP HILL, PA 17011 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 4 ESSEX ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $116,716.26 obtained by DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. I- 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 s ' DESCRIPTION ALL THAT CERTAIN lot or plot of ground situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described a follows, to wit: BEGINNING at a point on the eastern line of Essex Road sixty (60) feet wide at. :r dividing line between Lots Nos. 2 and 3; thence along Lot No. 3 North 63 degree - minutes 30 seconds East, a distance of 120.0 feet to a point at the corner of o,: Nos. 110 and 111 Tract No. 1; thence a long Lot No. 111 South 26 degrees 26 mina '- 30 seconds East, a distance of 60.0 feet to a point on the dividing line betvr-.:., Lot Nos. 111 and 112, Tract No. 1; thence along Lot No. 112 and Lot No. 1 South degrees 33 minutes 30 seconds West, a distance of 120. 0 feet to a point on tt:._= eastern line of Essex Road sixty (60) feet wide; thence along the eastern line 'OF Essex Road North 26 degrees 26 minutes 30 seconds West, a distance of 60. 0 feE:` the point and place of BEGINNING. BEING Lot No. 2, Block V, on a plan of Lots of Cumberland Park in Lower All«--L- Township, Cumberland County, Pennsylvania, surveyed for Allen Park Developmex, Corporation and filed or record in the Office of the Recorder of Deeds in and fcr Cumberland County, Pennsylvania, on October 19, 1951. Premises: 4 Essex Road, Camp Hill, PA 17011 Township of Lower Allen, Cumberland County Pennsylvania PARCEL IDENTIFICATION NO: 13-24-0797-118 CONTROL #: 13002160 TITLE TO SAID PREMISES IS VESTED IN Todd M. Mancini, by Deed from John A. Farrow an Kathleen J. Farrow, husband and wife, dated 02/28/2006, recorded 03/16/2006, in Deed Book 27.3. page 2870. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2509 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY, AMERICAS AS TRUSTEE, Plaintiff (s) From TODD M. MANCINI a/k/a TODD A. MANCINI a/k/a TODD M. MANCINI, SR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $116,716.26 L.L. Interest from 6/25/07 to 12/10/08 (per diem - $19.19) - $10,247.46 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $1,074.52 Other Costs $5,152.50 Plaintiff Paid Date: 6/10/08 rothonotary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE DEFENDANT(S) TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. SERVE: TODD M. MANCINI AIK/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. AT 4 ESSEX ROAD CAMP HILL, PA 17011 SERVED CUMBERLAND COUNTY No. 07-2509-CIVIL TERM ACCT. #153634 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 Served and made known to 70bb M. M ajVC I N 1 , Defendant, on the _ l day of JUIV F , 204 at W 40 , o'clock A.m., at 4 FSSEXC ROAD4 QW D U tAet- Commonwealth of Pennsylvania, in the manner described below: y/ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: S t Description: Age Height Weight 0'140 Race W Sex M Other _Lc 1, ? P ! Vt.FJ (,L , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn and sub, 0o m _ N 79 , 200_ N AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Eaw gap" ,n; +s, its NOT SERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2nd Attempt: Time: 3rd Attempt: J J Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 1200-. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 t") ? ` ca - <. ..? ?a rr; ' a ,?:- - ;? ,!. ;-? __ ?? - - ? t -":' ..?., . r _ --: ? T*v? :_ ?.-? ?? ,?4??M4E a p*1'*t,?>.? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County TODD M. MANCINI No. 07-2509-CIVIL TERM A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 1, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on June 26, 2007 in the amount of $116,716.26. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriff s Sale of the mortgaged property at 4 ESSEX ROAD, CAMP HILL, PA 17011 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 13 Bankruptcy at Docket Number 07-02236 on July 23, 2007. Plaintiff obtained relief from the bankruptcy to proceed with foreclosure by order of court dated April 18, 2008. A true and correct copy of the Relief Court Order is attached hereto, made part hereof, and marked as Exhibit "D". The Property is listed for Sheriffs Sale on December 10, 2008. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 10, 2008 Per Diem $20.78 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $110,320.00 $12,848.60 $601.00 $2,675.00 $1,815.50 $784.02 $121.50 $290.00 $0.00 $0.00 ($0.00) $1,078.00 TOTAL $130,533.62 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 6, 2008 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Je ' ieg, LLP By: . Bradford, E wire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE Plaintiff VS. TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 07-2509-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 4 ESSEX ROAD, CAMP HILL, PA 17011. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. H. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments' § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Real ty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: rhele a chmieg, LLP By: M. Bradford, squire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 153634 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE 9275 SKY PARK COURT THIRD FLOOR SAN DIEGO„ CA 92123 v. Plaintiff TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. 4 ESSEX ROAD CAMP HILL, PA 17011 Defendant c o o -n m M- 3:p. n F-q z [. 1 ? C., y ? N mn 0 cn ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01 - asap &'C?T02-? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE .?.ATTORNEY COPY ..PLEASE RETURN ?e herP Y cer1i#y the true and correct trect C Oe c®pY a of t,cord cor ®riginai filed of File #: 153634 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 153634 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 File #: 153634 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File k: 153634 1. Plaintiff is DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE 9275 SKY PARK COURT THIRD FLOOR SAN DIEGO,, CA 92123 The name(s) and last known address(es) of the Defendant(s) are: TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. 4 ESSEX ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/28/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1943, Page: 2780. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 153634 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2007 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. The following amounts are due on the mortgage: Principal Balance $110,320.00 Interest $3,137.78 12/01/2006 through 04/30/2007 (Per Diem $20.78) Attorney's Fees $1,250.00 Cumulative Late Charges $94.80 02/28/2006 to 04/30/2007 Cost of Suit and Title Search 750.00 Subtotal $115,552.58 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $115,552.58 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File 4: 153634 8. Plaintiff is not seeking a judgment of personal liability (or an in Mrsonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 153634 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $115,552.58, together with interest from 04/30/2007 at the rate of $20.78 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. PHELAN HALLINAN & SCHMIEG LLP By: /s/ rancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff _ File R: 153634 LEGAL DESCRIPTION ALL THAT CERTAIN lot or plot of ground situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Essex Road sixty (60) feet wide at the dividing line between Lots Nos. 2 and 3; thence along Lot No. 3 North 63 degrees 33 minutes 30 seconds East, a distance of 120.0 feet to a point at the corner of Lots Nos. 110 and 111 Tract No. 1; thence a long Lot No. 111 South 26 degrees 26 minutes 30 seconds East, a distance of 60.0 feet to a point on the dividing line between Lot Nos. 111 and 112, Tract No. 1; thence along Lot No. 112 and Lot No. 1 South 63 degrees 33 minutes 30 seconds West, a distance of 120.0 feet to a point on the eastern line of Essex Road sixty (60) feet wide; thence along the eastern line of Essex Road North 26 degrees 26 minutes 30 seconds West, a distance of 60.0 feet to the point and place of BEGINNING. BEING Lot No. 2, Block'C', on a plan of Lots of Cumberland Park in Lower Allen Township, Cumberland County, Pennsylvania, surveyed for Allen Park Development Corporation and filed or record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on October 19, 1951. PROPERTY BEING: 4 ESSEX ROAD File #: 153634 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his 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. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: %--4(J Z Exhibit "B" HALLINAN & SCHMIEG, L.L.P. IEL G. SCHMIEG ication No. 62205 ney for Plaintiff PENN CENTER AT SUBURBAN STATION 7 JOHN F. KENNEDY BLVD., SUITE 1400 ILADELPHIA, PA 19103-1814 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE 9275 SKY PARK COURT THIRD FLOOR SAN DIEGO, CA 92123 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI, SR. Defendant(s). CIVIL DIVISION NO. 07-2509-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against TODD M. MANCINI A/K/A TODD A. MACINI A/K/A TODD M. MANCINI SR. , Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $115,552.58 Interest from 05/01/07 to 06/25/07 $1,163.68 TOTAL $116,716.26 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 153634 Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Bk. No. 1:07-bk-02236 RNO TODD M. MANCINI Chapter No. 13 Debtor DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE 11 U.S.C.§362 Movant V. TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR Respondent ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 4 ESSEX ROAD, CAMP HILL, PA 17011, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE may immediately enforce and implement this Order granting Relief from the Automatic Stay.. (9"t-U. 9a:4,F Robert N.Ope4 A Bankruptcy Judge This document is electronically signed and filed on the same date. SaU Dated: Apri118, 2008 Case 1:07-bk-02236-RNO Doc 67 Filed 04/18/08 Entered 04/18/08 11:39:16 Desc Main Document Page 1 of 1 Exhibit "D" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey October 6, 2008 TODD M. MANCINI A/K/A TODD A. MANCINI. A/K/A TODD M. MANCINI, SR. 4 ESSEX ROAD CAMP HILL, PA 17011 RE: DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE vs. TODD M. MANCINI, A/K/A TODD A. MANCINI, A/K/A TODD M. MANCINI, SR. Premises Address: 4 ESSEX ROAD CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 07-2509-CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Friday, October 10, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve truly yours, ch le . ffrad squire For Phelan Hallinan & Schmieg, LLP Enclosure (D C) a a c7 U V) a O Y U a c O ? I T d C c F O ' N a> c w ? ? . c ti A as ' c L 300j, d1Z WOHA 0311dW E w o £0 L6 j?OO 8002 90 loo 0 ws8 z OZO - G c v V O O 0Z ZO $ - 2 o 53N.Oe A3ti1Mi ' F pT' N _ ? .. ,_ i C ' • ?? ? ce '-: EtlrE A Qn a g? ` R11 E N w uy?c° m 1/ O 9 bYi 4•.'_ o d .? rl •0 5. 2 vO? O ,?/ O ?-r ! w cc° ° c w c o E N 0 z "In, 'j9 'o E H ? U] U ? U .? ttl ttl ? 0 777 ?, v ? ? o ? P y '~ y p u y?p0 b ?W ' d Ua Z ?-i U? L c r) a Q O Q oo , ca ?p W t Z o d a W U z ^^ > E w O ?+ O I QU QU E° ? Az Qz z? ? ? d 0 Ha .a t u? to rl o r-/ d 4 W) rn I y T A 1+1 I? n 0 O -9'2 za --? N M "It vl \D r- 00 ON C> N M. ItT v1 F i& 00 M O_ O? a G ? y -? zQo J VERIFICATION Michele M. Bradford, 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 to Reassess Damages 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 unworn falsification to authorities. DATE: O e a .n c ieg, LLP By: he e M. Bradford, squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE Plaintiff VS. TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-2509-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. 4 ESSEX ROAD CAMP HILL, PA 17011 DATE: TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. 1773 SHEEPFORD ROAD MECHANICSBURG, PA 17055 chmieg, LLP By: Michele M. Bradford, squire Attorney for Plaintiff t sJ b '0-N R NOV 0 6 2008 (; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK TRUST COMPANY Court of Common Pleas AMERICAS AS TRUSTEE Plaintiff Civil Division CUMBERLAND County VS. TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. Defendant No. 07-2509-CIVIL TERM RULE AND NOW, this 0 day of NK 2008, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Rule Returnable on the ?J day of 2008, at ?• . in tke-Mni" rA3 Courtroom of the Cumberland County Courthouse, Carlisle, J. r va, s . iv s c V1.NV;1?[nSNN3d &Z :g ITV Z 1 AON BOQZ 3HI ?a ?4a ' 1U Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. 4 ESSEX ROAD CAMP HILL, PA 17011 TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. 1773 SHEEPFORD ROAD MECHANICSBURG, PA 17055 153634 11 .441. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK TRUST COMPANY AMERICAS AS CUMBERLAND COUNTY TRUSTEE COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A NO. 07-2509-CIVIL TERM TODD M. MANCINI, SR. . Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4 ESSEX ROAD, CAMP LULL, PA 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. .ss. D r in.? /?i?? DANIEL G. SCHMIIyG, ESQUIRE Attorney for Plaintiff Date: November 10, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he snld in he absence of a r presentative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 153634 a v 4 EF- 1 i? t y?} Sr y'tt O O w a a W U a x a 0 c? .a L ?o ?y ?a A O a a ?o 10 v 0.9 0 "" a ? L C? y 'n Lbw zd o ? O t C 7 . C Ol i:i O N L £0 L6 L 3000dIZ W021-4 031ib'W a? E ° E 3 SOOZ OLAON OLog LZb000 H U ? = C C WL ZO r•t? m.a? . -'1 `531Y1py A3NiJd ® C O ? , R C N N O ++ c. c W 41 At NS'Od - ? ? p O l0 (n " C`00 1.0 O ul ? TO O WI ? y ?? c?y? v tA C V) O C ? U1 ? 001 o y c EaOC O oiu (nc dO?E:F? O _ N M E N f0 C L E m ? CL N C U N ?T, QQQQ?j?j 1 ? w E ) . O N r ? ti O C V O N o U T'j-, 2O E' m . 4) U) , E g a H y X h Q U _ v C N w E 2 °g T N 0 a0y O 0 L L X W) U1 N c F F-Wvi ?O W 0 W E- m ?i ? Q V G T fl L E 0 0 o w N 0 s N _> a- c Ow V aX 06 • cc ?' ?z? N WA A a y a WD •? A O o 0 a o p V1 H E E Z W °o M O z H ?E ¢' z n o?O 7 N c N f7 In (0 I,- 00 0) C) r CN J U) Z J ?p 8 ° a F - acs g o - t ° - CV) !S L N U DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. NO. 07-2509-CIVIL TERM Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE, RANK TRUST COMPANY AMERICAS AS TRUSTFF, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the dale the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,4 F.SSF,X ROAD, CAMP HILL, PA_ 17011 1. Name and address of last recorded holder of every mortgage of record: 2. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MFRS, as nominee for Homecomings 3300 SW 34th Avenue, Suite 101 Financial Network, Inc. Ocala, FL 24474 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. p , Novemher 10, 0OR DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff f-N { A 'i7° f y r PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY Court of Common Pleas AMERICAS AS TRUSTEE Plaintiff Civil Division vs. TODD M. MANCINI CUMBERLAND County No. 07-2509-CIVIL TERM A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. Defendant MOTION TO MAKE RULE ABSOLUTE DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess )amazes was filed with the Curt on t 3. A Rule was entered by the Court on or about si Zlo la V' directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. 5. efendant failed to respond or otherwise plead by the Rule Returnable date of _ f Z?? s T WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. DATE: ! /';7 ° By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE Plaintiff VS. TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-2509-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on 5" o F . A Rule was entered by the Court on or about ! 1 /o oT directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of Z ?? e r WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: ? a By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" NOV 0 6 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE Plaintiff vs. TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. Court of Common Pleas : Civil Division CUMBERLAND County No. 07-2509-CIVIL TERM Defendant RULE AND NOW, this 10 day of 00ftOA 2008, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. !A • 4k '1A ' Rule Returnable on the ?J day of 2008, at 11.0 . in tk?? A Courtroomthe Cumberland County Courthouse, Carlisle, Penn BY THE CURT J. q y # Testimony whereof, I here unto set my hams id the SW Of "W COUrt At MOO P1, -61- AlAtm- Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford&fedphe.com TODD M. MANCINI TODD M. MANCINI A/K/A TODD A. MANCINI AIK/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. A/K/A TODD M. MANCINI, SR. 4 ESSEX ROAD 1773 SHEEPFORD ROAD CAMP HILL, PA 17011 MECHANICSBURG, PA 17055 153634 VERIFICATION Michele M. Bradford, 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 to Make Rule Absolute 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 sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: a By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE Plaintiff vs. TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. Defendant TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. 1773 SHEEPFORD ROAD MECHANICSBURG, PA 17055 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. 4 ESSEX ROAD CAMP HILL, PA 17011 DATE: /rz-D, ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-2509-CIVIL TERM Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff '` ? •` 1 ?"?, . ? i .., ? -rte _. ? ? ??? -t? :? +?; fi.7 JAN 1 2 2009, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK TRUST COMPANY Court of Common Pleas AMERICAS AS TRUSTEE Plaintiff Civil Division VS. CUMBERLAND County TODD M. MANCINI No. 07-2509-CIVIL TERM A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. Defendant ORDER AND NOW, this /4/tkday of , 200f, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $110,320.00 Interest Through December 10, 2008 $12,848.60 Per Diem $20.78 Late Charges $601.00 Legal fees $2,675.00 Cost of Suit and Title $1,815.50 Sheriffs Sale Costs $784.02 Property Inspections/ Property Preservation $121.50 Appraisal/Brokers Price Opinion $290.00 Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $130,533.62 Plus interest from December 10, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission figure. /' J. in the above T 153634 $0.00 $0.00 ($0.00) $1,078.00 331. bol I Z- I I WV ? I Nvr 6001 hiViC ACHIOW aH ?O 30i AA S-CI nld COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ARLINGTON LOAN SERVICING LLC is the grantee the same having been sold to said grantee on the 4TH day of FEB A.D., 2009, under and by virtue of a writ Execution issued on the 10TH day of JUNE, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 2509, at the suit of DEUTSCHE BANK TRUST CO AMERICAS TR against RODD M MANCINI AKA TODD A AKA TODD M SR is duly recorded as Instrument Number 200908135. IN TESTIMONY WHEREOF, I ha(v?eunto set my hand and seal of said office this 7 day of --)4" , A.D. Recorder of Deeds H Of D.-'d?, CuMbo nd County. Cafts, PA My Con "sm Expires the First M0flday Of Jan. 2010 Deut§che Bank Trust Company Americas In the Court of Common Pleas of As Trustee Cumberland County, Pennsylvania VS Writ No. 2007-2509 Civil Term Todd M. Mancini a/k/a Todd A. Mancini a/k/a Todd M. Mancini, Sr. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendant, to wit: Todd M. Mancini a/k/a Todd A. Mancini a/k/a Todd M. Mancini, Sr., but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Todd M. Mancini a/k/a Todd A. Mancini a/k/a Todd M. Mancini, Sr. Defendant has moved and left no forwarding address with the post office. The electric and water has been shut off at 4 Essex Road, Camp Hill, Cumberland County, Pennsylvania. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2008 at 0949 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Todd M. Mancini a/k/a Todd A. Mancini a/k/a Todd M. Mancini, Sr. located at 4 Essex Road, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on February 4, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $70,000.00 to Arlington Loan Servicing, LLC. It being the highest bid and best price received for the same, Arlington Loan Servicing, LLC of 4 State Road, #520, Media, PA 19063, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $74,139.36. Sheriffs Costs: Docketing $30.00 Poundage 1400.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Mileage 42.00 Levy 15.00 Surcharge 20.00 Postpone Sale 20.00 Law Journal 377.00 Patriot News 379.16 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 49.50 $ 2,462.58 31,2 Sf Q -. y1? (fir 5ql ?a f_ cL- 1_1_ C=) a (D N v So A wens: R. Thomas Kline, Sheriff BYD ! Real Estate ergeant DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE Plaintiff, V. TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. Defendant(s). 'CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2509-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at A ESSEX ROAD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. 4 ESSEX ROAD CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS, AS A NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC. P.O. BOX 2026 FLINT, MI 48501-2026 MERS, AS A NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC. 9 SYLVAN WAY STE. 100 PARSIPPANY, N3 07054 ? t 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7„ Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPT. OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER Mary Mancini c/o P. Richard Wagner, Esquire 4 ESSEX ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FL. STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BLDG. HARRISBURG, PA 17105 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 2233 N. Front Street Harrisburg, PA 17110-1027 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to un rn falsificatio to authorities. June 9, 2008 6A I DATE D NIEL G. SCHM EG, ES Attorney for Plaintiff DIT- ,? DEUTSCHE BANK TRUST COMPANY CUMBERLAND COUNTY AMERICAS AS TRUSTEE Plaintiff, No. 07-2509-CIVIL TERM V. TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. Defendant(s). June 9, 2008 TO: TODD M. MANCINI A/K/A TODD A. MANCINI A/K/A TODD M. MANCINI, SR. 4 ESSEX ROAD CAMP HILL, PA 17011 "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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 4 ESSEX ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $116,716.26 obtained by DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Courtto postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot or plot of ground situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Essex Road sixty (60) feet wide at dividing line between Lots Nos. 2 and 3; thence along Lot No. 3 North 63 degree., .' minutes 30 seconds East, a distance of 120.0 feet to a point at the corner of L :> t. Nos. 110 and 111 Tract No. 1; thence a long Lot No. 111 South 26 degrees 26 minute-: 30 seconds East, a distance of 60.0 feet to a point on the dividing line betia Lot Nos. 111 and 112, Tract No. 1; thence along Lot No. 112 and Lot No. 1 South 6 3 degrees 33 minutes 30 seconds West, a distance of 120.0 feet to a point on the eastern line of Essex Road sixty (60) feet wide; thence along the eastern line Essex Road North 26 degrees 26 minutes 30 seconds West, a distance of 60.0 fey lE t,, the point and place of BEGINNING. BEING Lot No. 2, Block V, on a plan of Lots of Cumberland Park in Lower Allen Township, Cumberland County, Pennsylvania, surveyed for Allen Park Developmen,. Corporation and filed or record in the Office of the Recorder of Deeds in and for. Cumberland County, Pennsylvania, on October 19, 1951. Premises: 4 Essex Road, Camp Hill, PA 17011 Township of Lower Allen, Cumberland County Pennsylvania PARCEL IDENTIFICATION NO: 13-24-0797-118 CONTROL #: 13002160 TITLE TO SAID PREMISES IS VESTED IN Todd M. Mancini, by Deed from John A. Farrow and Kathleen J. Farrow, husband and wife, dated 02/28/2006, recorded 03/16/2006, in Deed Book 273, page 2870. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2509 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY, AMERICAS AS TRUSTEE, Plaintiff (s) From TODD M. MANCINI a/k/a TODD A. MANCINI a/k/a TODD M. MANCINI, SR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $116,716.26 L.L. Interest from 6/25/07 to 12/10/08 (per diem - $19.19) - $10,247.46 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $1,074.52 Other Costs $5,152.50 Plaintiff Paid Date: 6/10/08 rothono (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 Real Estate Sale # 35 On August 20, 2008 the Sheriff levied upon the defendant's interest-in- the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 4 Essex Road, Camp Hill more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 20, 2008 C! 0 No 8001 By: Real Est Sergeant C? ' SCHEDULE OF DISTRIBUTION SALE NO. 35 Date Filed: March 5, 2009 Writ No. 2007-2509 Civil Term Deutsche Bank Trust Company Americas, as Trustee VS Todd M. Mancini a/k/a Todd A. Mincini a/k/a Todd M. Mancini, Sr. 4 Esex Road Camp Hill, PA 17011 Sale Date: February 4, 2009 Buyer: Arlington Loan Servicing, LLC Bid Price: $70,000.00 Real Debt: $116,716.26 Interest: 10,247.46 Attorney Writ Costs: 1,074.52 Misc. Costs 5,152.50 Total: $133,190.74 DISTRIBUTION: Receipts: Cash on account (08/20/2008): $ 1,500.00 Cash on account (02/04/2009): 7,000.00 Cash on account (02/19/2009): 67,139.36 Total Receipts: $75,639.36 Disbursements: Sheriffs Costs $2,462.58 Legal Search 300.00 Transfer Tax, Local 1,219.68 Transfer Tax, State 1,219.68 Bonnie Miller, Tax Collector 513.01 Lower Allen Township (Refuse) 242.65 Lower Allen Township (Sewer) 144.20 Lower Allen Township (Street Lights) 26.35 Attorney Daniel Schmeig 1,500.00 Deutsche Bank Trust Company 68,011.21 Total Disbursements: ($75,639.36) Balance for distribution: 00.00 So Answers: R. Thomas Kline Sheriff ::?i??! ? ? wI SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 35 held February 4, 2009 EFFECTIVE DATE: February 6, 2009 PREMISES: 4 Essex Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania, Tax Parcel No. 13-24-0797-118 (the "Premises") RECITAL: Being the same premises which John A. Farrow and Kathleen J. Farrow, husband and wife, by their Deed dated February 28, 2006 and recorded March 16, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 273, Page 2870, granted and conveyed unto Todd M. Mancini. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2009. 20. Subject to spousal rights, if any, of the spouse of Todd M. Mancini. -2- 21. Mortgage in the amount of $110,320.00 from Todd M. Mancini to Homecomings Financial Network, Inc. dated February 28, 2006 and recorded March 16, 2006 in Mortgage Book 1943, Page 2780, assigned June 8, 2007 in Miscellaneous Book 737, Page 2986 to Deutsche Bank Trust Company Americas. 22. Mortgage in the amount of $27,580.00 from Todd M. Mancini to Homecomings Financial Network, Inc. dated February 28, 2006 and recorded March 16, 2006 in Mortgage Book 1943, Page 2797. 23. Judgment against Todd M. Mancini, also known as Todd A. Mancini and also known as Todd M. Mancini, Sr. in favor of Deutsche Bank Trust Company Americas in the amount of $116,716.26 entered June 29, 2007 and amended January 14, 2009 to reflect the judgment in the amount of $130,533.62 entered to No. 2007-2509 with respect to the mortgage identified as item 21, above. 24. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing in the Plan of Cumberland Park, recorded in Plan Book 5, Page 22. 25. Subject to the restrictions noted in Deed Book "N", Volume 14, Page 263. 26. Subject to the rights granted Bell in Miscellaneous Book 90, Page 187 and in Miscellaneous Book 94, Page 20. 27. Subject to the rights granted PPL in Miscellaneous Book 90, Page 225, Miscellaneous Book 93, Page 468 and Miscellaneous Book 95, Page 79. 28. Subject to the rights grant The United Electric Company in Miscellaneous Book 55, Page 281. 29. Subject to the rights of others in and to those portions of the Premises lying within or adjoining Essex Road. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: V V l? Keith O. Brenneman k REAL ESTATE SALE NO. 35 Writ No. 2007-2509 Civil Deutsche Bank Trust Company Americas as Trustee VS. Todd M. Mancini a/k/a Todd A. Mancini a/k/a Todd M. Mancini, Sr. Atty.: Daniel G. Schmieg DESCRIPTION ALL THAT CERTAIN lot or plot of ground situate in Lower Allen Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Essex Road sixty (60) feet wide at the dividing line between Lots Nos. 2 and 3; thence along Lot No. 3 North 63 degrees 33 minutes 30 seconds East, a distance of 120.0 feet to a point at the corner of Lots Nos. 110 and 111 Tract No. 1; thence a long Lot No. 111 South 26 degrees 26 minutes 30 seconds East, a distance of 60.0 feet to a point on the dividing line between Lot Nos. 111 and 112, Tract No. 1; thence along Lot No. 112 and Lot No. I South 63 degrees 33 minutes 30 seconds West, a distance of 120.0 feet to a point on the east- ern line of Essex Road sixty (60) feet wide; thence along the eastern line of Essex Road North 26 degrees 26 minutes 30 seconds West, a distance of 60.0 feet to the point and place of BEGINNING, BEING Lot No. 2, Block `C', on a plan of Lots of Cumberland Park in Lower Allen Township, Cumberland County, Pennsylvania, surveyed for Allen Park Development Corpora- tion and filed or record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on October 19, 1951. Premises: 4 Essex Road, Camp Hill, PA 17011, Township of Lower Allen, Cumberland County, Penn- sylvania. PARCEL IDENTIFICATION NO: 13-24-0797-118. CONTROL 4: 13002160. TITLE TO SAID PREMISES IS VESTED IN Todd M. Mancini, by Deed from John A. Farrow and Kathleen J. Farrow, husband and wife, dated 02/28/2006, recorded 03/16/2006, in Deed Book 273, page 2570. EXHIBIT A I&Jhe Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquirios - 717--255-8213 CJMBERLAND COUNTY SHERIFFS OF CJMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot-N(ws Now you know 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 Assistant 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 Dau;t7hin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspe pers 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 date(s) indicated below. 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 cf 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 COPY This ad ran on the date(s) shown below: 10/29/08 11/05108 11/12/08 .......... Sworn to and subscribed before me this 25 day of November, 2008 A.D. ir'A r_ Notary Public ?-;QMMONWEALTH OF SherrieL Kr;ner nit);yrypu tit itYOf Harrisburg, Da.,phin "ourit My Crxnm+ssior Expsrer hlov. 2:3, ?G i an a s ?Gati, ;t h;,f<ar?s Real Estate Sale No. 35 Writ No. 2007-2509 Civil Term Deutsche BankTrust Company Americas as Trustee VS Todd M. Mancini, aik/a Todd A. Mancini, alkla Todd M. Mancini, Sr. Attorney Daniel Schmieg LEGAL DESCRIPMON ALL THAT CERTAIN lot or plot of ground situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Essex Road sixty (60) feet wide at the dividing line between Lots Nos. 2 and 3; thence along Lot No. 3 North 63 degrees 33 minutes 30 seconds East, a distance of 120.0 feet to a point at the comer of Lots Nos. 110 and l I I Tract No.l; thence a long Lot No. 111 South 26 degrees 26 minutes 30 seconds East; a distance of 60.0` feet to a point on the dividing line between Lot Nos. 111 and 112, Tract No.l; thence along Lot No.112 and Lot No.1 South 63 degrees 33 minutes 30 seconds West, a distance of 120.0 feet to a point on the eastern line of Essex Road sixty (60) feet wide; thence along the eastern line of Essex Road North 26 degrees 26 minutes 30 seconds West, a distance of 60.0 feet to the point and place of BEGINNING. BEING Lot No. 2, Block 'C', on a plan of Lots of Cumberland Park in Lower Allen Township, Cumberland County, Pennsylvania, surveyed for Allen Park Development Corporation and filed or record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on October 19, Premises: 4 Essex Road, Camp Hill, PA 17011 Township of Lower Allen, Cumberland County, Pennsylvania PARCEL IDENTIFICATION NO: 13-24-0797- 118 CONTROL #:13002160 TITLE TO SAID PREMISES IS VESTED IN Todd M. Mancini, by Deed from John A. Farrow and Kathleen 1. Farrow, husband and wife, dated 02/28/2006, recorded 03116/2006, in Deed Book 273, page 2870. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND 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: October 31, November 7 and November 14, 2008 Aunt fin ther 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. Marie SWOFKTO AND SUBSCRIBED before me this day of November, 2008 Notary NOTARIAL SEAL OESORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28, 2010 "M NM " Writ No. 2007-2509 Civil Deutsche Bank Trust Company Americas as Trustee VS. Todd M. Mancini a/k/a Todd A. Mancini a/k/a Todd M. Mancini, Sr. Atty.: Daniel G. Schmieg DESCRIPTION ALL THAT CERTAIN lot or plot of ground situate in Lower Allen Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Essex Road sixty (60) feet wide at. the dividing line between Leis s. 2 end 3; thence a1mv Lot 3 Wroth 63 de a 33 minutes 30 semkis East, a distance of 120.0 feet to a point at the corner of Lots Nos. 110 and 1`tt "tract No. 1; thence a long Lot No. 111 South 26 degrees 26 minutes 30 seconds East, a distance of 60.0 feet to a point on the dividing line between Lot Nos. 111 and 112, Tract No. 1; thence along Lot No. 112 and Lot No. 1 South 63 degrees 33 minutes 30 seconds West, a distance of 120.0 feet to a point on the east- ern line of Essex Road sixty (60) feet wide; thence along the eastern line of Essex Road North 26 degrees 26 minutes 30 seconds West, a distance of 60.0 feet to the point and place of BEGINNING. BEING Lot No. 2, Block `C', on a plan of Lots of Cumberland Park in Lower Allen Township, Cumberland County, Pennsylvania, surveyed for Allen Park Development Corpora- tion and filed or record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on October 19, 1951. Premises: 4 Essex Road, Camp Hill, PA 17011, Township of Lower Allen, Cumberland County, Penn- sylvania. PARCEL IDENTIFICATION NO: 13-24-0797-118. CONTROL 13002160. TITLE TO SAID PREMISES IS VESTED IN Todd M. Mancini, by Deed from John A. Farrow and Kathleen J. Farrow, husband and wife, dated 02/28/2006, recorded 03/16/2006, in Deed Book 273, page 2870.