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HomeMy WebLinkAbout07-4651PHELAN 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 159089 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 Plaintiff v. KEVIN U. HOSSEN 24 BLUE SPRUCE DRIVE ENOLA, PA 17025 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ~~ -'~~e~ [ l: ~v~1,~~2J~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 159089 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 #: 159089 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 #: 159089 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 #: 159089 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 150 ALLEGHENY CENTER MALL IDC 24-OSO PITTSBURGH, PA 15212 2. The name(s) and last known address(es) of the Defendant(s) are: KEVIN U. HOSSEN 24 BLUE SPRUCE DRIVE ENOLA, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/16/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR FIRST FRANKLIN, A DIVISION OF NATIONAL CITY BANK OF INDIANA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1936, Page: 794. 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. Fite #: 159089 5. The mortgage is in default because monthly payments of principal and interest upon said 6 mortgage due 03/01/2007 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 $207,925.25 Interest $9,039.92 02/01/2007 through 08/03/2007 (Per Diem $49.13) Attorney's Fees $1,250.00 Cumulative Late Charges $741.66 12/16/2005 to 08/03/2007 Cost of Suit and Title Search $750.00 Subtotal $219,706.83 Escrow Credit $0.00 Deficit $318.00 Subtotal $318.00 TOTAL $220,024.83 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 #: 159089 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 #: 159089 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 $220,024.83, together with interest from 08/03/2007 at the rate of $49.13 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 HALLIN N &SCHMIEG, LLP 1 By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 159089 LEGAL DESCRIPTION All That Certain lot or tract of land located in East Pennsboro Township, Cumberland County, Pennsylvania in accordance with a Final Subdivision Plan of Penn Valley, Phasel, recorded in Plan Book 67 Page 20, more particularly bounded and described as follows, to wit: Beginning at a point on the southern right-of--way lineof Blue Spruce Drive (50 feet wide) at the dividing line between Lots No. 41 and 42 as shown on the hereinafter mentioned plan; thence along the dividing line between Lots No. 41 and No. 42, South 09 degrees 45 minutes 15 seconds East, a distance of 100.00 feet to a point on the northern line of Lot No. 57; thence along the dividing line T40 and No. 41; thence along the dividing line between Lots No. 40 and No. 41; North 09 degrees 45 minutes 15 seconds West, a distance of 100.00 feet to a point on the southern right-of--way line of Blue Spruce Drive; thence along the southern right-of--way line of Blue Spruce Drive, North 80 degrees 14 minutes 45 seconds East, a distance of 80.00 feet feet to a point, said point being the place of BEGINNING. Being Lot No. 41 on the Final Subdivision Plan of Penn Valley, Phase 1, recorded in Plan Book 67, Page 20, and containing approximately 8,000.00 square feet, more or less. UNDER AND SUBJECT to 50 foot right of way. File #: 159089 BEING THE SAME PREMISES which DJH PENN VALLEY ASSOCIATES LIMITED PARTNERSHIP, A PA LIMITED PARTNERSHIP by Deed dated 10/19/05 and intended for immediate recording in the Office of the Recorder of Deeds in and for Cumberland, Pennsylvania, granted and conveyed unto KEVIN U. HOSSEN, A MARRIED MAN, Mortgagor(s) herein. PARCEL NO: 09-13-0999-083. PROPERTY BEING: 24 BLUE SPRUCE DRIVE File #: 159089 VERIFICATION 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 of 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 its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upgn receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ~//~-- Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: DJ n ~ h ~ d ~ ~ R- ~ ~ Tr r-i ~'~ -~ N ~--. --..~ F _.. Liz CT ^~r O d 'T~ i'r'i .-^ ~ (..? ..~_ _t., ~'~C 3 ~~ l"_J SHERIFF'S RETURN - REGULAR CASE NO: 2007-04651 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS HOSSEN KEVIN U MICHAEL BARRICK Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOSSEN KEVIN U DEFENDANT at 1924:00 HOURS, on the 9th day of August 2007 at 24 BLUE SPRUCE DRIVE ENOLA, PA 17025 KELLY HOSSEN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff or Deputy Sheriff of the by handing to (WIFE Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 14.40 .00 10.00 .00 4 So Answer~~*.~~L . ~~ .•1~ R. Thomas Kline Sworn and Subscibed to before me this day 08/10/2007 PHELAN HALLINAN S EG By• Deputy Sheriff 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 52151 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006- FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4651-CIVIL TERM v. KEVIN U. HOSSEN 24 BLUE SPRUCE DRIVE ENOLA, PA 17025 Defendant(s). 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 KEVIN U. HOSSEN , 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 Plaintiff s damages as follows: As set forth in Complaint Interest from 08/04!07 to 09/24/07 TOTAL $ 220,024.83 $ 2,554.76 $222,579.59 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. , Attorney for Plaintiff DAMAGES/ ARE HEREBY ASSESSED AS INDICATED. DATE: _ 1 J~~ s '~ ~ - / O PROTHY 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 NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006- FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 150 ALLEGHENY CENTER MALL IDC 24-050 Plaintiff, v. KEVIN U. HOSSEN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4651-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 KEVIN U. HOSSEN is over 18 years of age and resides at , 24 BLUE SPRUCE DRIVE, ENOLA, PA 17025 . This statement 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 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 NATIONAL TRUST COMPANY, :COURT OF COMMON PLEAS AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES. SERIES 2006-FF4 :CIVIL DIVISION Plaintiff Vs. KEVIN U. HOSSEN Defendants TO: KEVIN U. HOSSEN 24 BLUE SPRUCE DRIVE ENOLA, PA 17025 DATE OF NOTICE: AUGUST 30, 2007 NO. 07-4651-CIVIL TERM h r3 { <;> . .. .+ ,_ . , 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 MAYBE 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. LLINAN, ESQUIRE Attorneys for Plaintiff CUMBERLAND COUNTY 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 NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006- CUMBERLAND COUNTY FF4, MORTGAGE PA5S-THROUGH COURT OF COMMON PLEAS CERTIFICATES, SERIES 2006-FF4 CIVIL DIVISION Plaintiff, v. NO. 07-4651-CIVIL TERM KEVIN U. HOSSEN Defendant(s). 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: Q 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, ES I Attorney for Plaintiff ;- ,~ ~~ ..~ j~ '~` ~ O A.1 G 1 jL . i ?~ T r V ~~ % ~ ~~. 0 ~ ` ~.ti h? ti ~ ~; ? j (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006- FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 150 ALLEGHENY CENTER MALL IDC 24-050 Plaintiff, v. KEVIN U. HOSSEN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4651-CIVIL TERM Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~. a~ 200 . If you have any questions concerning this matter, please contact: By: s ~ ~.- oKa DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff ONE PENN CENTER AT SUB AN 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.** ' PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 f DEUTSCHE BANK NATIONAL TRUST . COMPANY, AS TRUSTEE FOR FFMLT 2006- FF4, MORTGAGE PASS-THROUGH . CERTIFICATES, SERIES 2006-FF4 No. 07-4651-CIVIL TERM Plaintiff, . v. , KEVIN U. HOSSEN , Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 09/24/07 to MARCH 5,2008 (per diem -$36.59) Add'1 Costs TOTAL $222,579.59 $ 5,964.17 and Costs $ 1,933.50 $ 230,477.26 V ~ ~~ 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 re resentative 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. IEL G. SC G, E IRE ~~~- One Penn Center at Suburban S ion 1617 John F. Kennedy Boulevard, ite 140 Philadelphia, PA 19103-1814 Attorney for Plaintiff a15~ 5(03 ~ 7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF4 vs. KEVIN U. HOSSEN PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed`: ~v a I Address: 24 BLUE Where papers may be served. AFFIDAVIT OF SERVICE V S ~ ~ ~ b O ~ ~ 0 O O ~ ~ ~ = = bo ~ '~ D OLA, PA 17025 t"'3 r. ~...:_ c_ ti._> °+S c}- '..' 1 ~~ ~ - ~ ---• C,,3 ~a.l .. C.° ` "` n CUMBERLAND COUNTY DESCRIPTION All That Certain lot or tract of land located in East Pennsboro Township, Cumberland County, Pennsylvania in accordance with a Final Subdivision Plan of Penn Valley, Phasel, recorded in Plan Book 67 Page 20, more particularly bounded and described as follows, to wit: Beginning at a point on the southern right-of-way line Blue Spruce Drive (50 feet wide) at the dividing line between Lots No. 41 and 42 as shown on the hereinafter mentioned plan; thence along the dividing line between Lots No. 41 and No. 42, South 09 degrees 45 minutes 15 seconds East, a distance of 100.00 feet to a point on the northern line of Lot No. 57; thence along the dividing line between Lots No. 40, No. 57 and No. 58, South 80 degrees 14 minutes 45 seconds West, a distance of 80.00 feet to a point at the dividing line between No. 40 and No. 41; thence along the dividing line between Lots No. 40 and No. 41, North 09 degrees 45 minutes 15 seconds West, a distance of 100.00 feet to a point on the southern right-of-way line of Blue Spruce Drive; thence along the southern right- of-way line of Blue Spruce Drive, North 80 degrees 14 minutes 45 seconds East, a distance of 80.00 feet to a point, said point being the place of BEGINNING. Being Lot No. 41 on the Final Subdivision Plan of Penn Valley, Phase 1, recorded in Plan Book 67, Page 20, and containing approximately 8,000.00 square feet, more or less. UNDER AND SUBJECT TO A TWENTY (20) FOOT DRAINAGE EASTMENT. Being Part of the Same premises which Logan"s Run Associates, a Pennsylvania General Partnership, by deed dated November 5, 2004, and recorded November 9, 2004, by the Recorder of Deeds in and for Cumberland County in Deed Book 266, Page 769, granted and conveyed unto DJH Penn Valley Associates Limited Partnership, a Pennsylvania Limited Liability Partnership, Grantors herein. PARCEL IDENTIFICATION NO: 09-13-0999-083 CONTROL #: 09001344 Premises: 24 Blue Spruce Drive, Enola, PA 17025 East Pennsboro Township Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Kevin U. Hossen, married man, by Deed from DJH Penn Valley Associates Limited Partnership, dated 10/19/2005, recorded O1J03/2006, in Deed Book 272, page 2889. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006- FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 Plaintiff, v. KEVIN U. HOSSEN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4651-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 ,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 24 BLUE SPRUCE DRIVE, ENOLA, PA 17025 . 1. Name and address of Owner(s) or reputed Owner(s): Name KEVIN U. HOSSEN Last Known Address (if address cannot be reasonably ascertained, please indicate) 24 BLUE SPRUCE DRIVE ENOLA, PA 17025 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) INTEGRITY BANK MERS AS A NOMINEE FOR FIRST FRANKLIN, A DIVISION OF NAT.CITY BANK OF IN MERS AS A NOMINEE FOR FIRST FRANKLIN, A DIVISION OF NAT. CITY BANK OF IN 3345 MARKET STREET CAMP HILL, PA 17011 P.O. BOX 2026 FLINT, MI 48501-2026 2150 NORTH FIRST STREET SAN JOSE, CA 95131 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 b. 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 TenantlOccupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 24 BLUE SPRUCE DRIVE ENOLA, PA 17025 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. September 24, 2007 DATE DANIEL G. S"CHMIEG, ES Attorney for Plaintiff ~ r~ ~ c ~~ __. ~~ -~ ---.. ; r y S ~-1 ~ 1 __ re~~ ~...5 __ _ ~~ ~ ... DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006- FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 Plaintiff, v. KEVIN U. HOSSEN Defendant(s). CUMBERLAND COUNTY No. 07-4651-CIVIL TERM September 24, 2047 TO: KEVIN U. HOSSEN 24 BLUE SPRUCE DRIVE ENOLA, PA 17025 * *THIS FIRM IS A DEBT COLLECTOR AT TEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NDT 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 , 24 BLUE SPRUCE DRIVE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on MARCH 5,2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $222,579.59 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF4 (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: 21( 51563- 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 ~VEN.IF THE SHERIFF'S SALE DOES TAKE PLACE. l . 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 (?17) 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 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 tract of land located in East Pennsboro Township, Cumberland County, Pennsylvania in accordance with a Final Subdivision Plan of Penn Valley, Phasel, recorded in Plan Book 67 Page 20, more particularly bounded and described as follows, to wit: Beginning at a point on the southern right-of-way line Blue Spruce Drive (50 feet wide) at the dividing line between Lots No. 41 and 42 as shown on the hereinafter mentioned plan; thence along the dividing line between Lots No. 41 and No. 42, South 09 degrees 45 minutes 15 seconds East, a distance of 100.00 feet to a point on the northern line of Lot No. 57; thence along the dividing line between Lots No. 40, No. 57 and No. 58, South 80 degrees 14 minutes 45 seconds West, a distance of 80.00 feet to a point at the dividing line between No. 40 and No. 41; thence along the dividing line between Lots No. 40 and No. 41, North 09 degrees 45 minutes 15 seconds West, a distance of 100.00 feet to a point on the southern right-of-way line of Blue Spruce Drive; thence along the southern right- of-way line of Blue Spruce Drive, North 80 degrees 14 minutes 45 seconds East, a distance of 80.00 feet to a point, said point being the place of BEGINNING. Being Lot No. 41 on the Final Subdivision Plan of Penn Valley, Phase 1, recorded in Plan Book 67, Page 20, and containing approximately 8,000.00 square feet, more or less. UNDER AND SUBJECT TO A TWENTY (20) FOOT DRAINAGE EASTMENT. Being Part of the Same premises which Logan's Run Associates, a Pennsylvania General Partnership, by deed dated November 5, 2004, and recorded November 9, 2004, by the Recorder of Deeds in and for Cumberland County in Deed Book 266, Page 769, granted and conveyed unto DJ'H Penn Valley Associates Limited Partnership, a Pennsylvania Limited Liability Partnership, Grantors herein. PARCEL IDENTIFICATION NO: 09-13-0999-083 CONTROL #: 09001344 Premises: 24 Blue Spruce Drive, Enola, PA 17025 East Pennsboro Township Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Kevin U. Hossen, married man, by Deed from DJH Penn Valley Associates Limited Partnership, dated 10119/2005, recorded 01/03/2006, in Deed Book 272, page 2889. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4651 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2206- FF4, Plaintiff (s) From KEVIN U. HOSSEN (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 $222,579.59 L.L. $.50 Interest from 9/24/07 to 3/05/08 (per diem - $36.59) -- $5,964.17 Atty's Comm % Due Prothy $2.00 Atty Paid $161.40 Plaintiff Paid Date: 9/26/07 (Seal) Other Costs $1,933.50 C is R. Long, Prothonot By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PLAi:`1TI~~ r DEUTSCHE BANK NATIONAL TRUST • COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 DEFENDANT(S) KEVIN U. HOSSEN SERVE KEVIN U. HOSSEN AT 24 BLUE SPRUCE DRIVE ENOLA, PA 17025 No. 07-4651-CIVIL TERM ACCT. # (~q~$C~ Type of Action - Notice of Sheriff s Sale Sale Date: MARCH 5,2008 f ~1 SERVED (n~~ Served and made known to ~~Evl N ~ • t-f OSS~ N ,Defendant, on the 3 ra _ day of ~~To~~ , 200 at t l ~ o'ciock ~.m., at a 4 g ~v fY 5~2K~ E DRl vE , ~ N 6 C ~ Commonwealth of Pennsylvania, in the manner described below: 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: t •• Description: Age~Qs Height Weight ~~~ Race Sex ~ Other 1, ~d ~ .~6 u- , a competent adu{t, 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 ands cubed before me thi day of , 200. < ,~/ ~, Notary: By; J-'` ~!~ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. WDICATE DATES & TIMES OF SERVICE ATTEMPTED. .I~JS~PH ,!' ~~~ NOT SERVED NC~3,~RY Pt;wt1C ~ MAW J11 On th~el' ~ ~ i1 1!Di~)/ 200, at o'clock _; m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: 1 / Time: 2°d Attempt: 1 / Time: 3rd Attempt: J I 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 Phitadefphia, PA 19103-1814 (215) 563-7000 C ~ ~~ ._} -: .a - _ :~ _iw _... , ~~.) 1.:.`+ 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 X215) 563-7000 DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY, AS TRUSTEE FOR FFMLT 2006- : FF4, MORTGAGE PASS-THROUGH Civil Division CERTIFICATES, SERIES 2006-FF4 vs. KEVIN U. HOSSEN Plaintiff CUMBERLAND County No. 07-4651-CIVIL TERM 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: Plaintiff commenced this foreclosure action by filing a Complaint on August 6, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on September 26, 2007 in the amount of $222,579.59. 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 Sheriffs Sale of the mortgaged property at 24 BLUE SPRUCE DRIVE, ENOLA, PA 17025 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 7 Bankruptcy at Docket Number 07-03953 on December 12, 2007. Plaintiff obtained relief from the bankruptcy to proceed with foreclosure by order of court dated February 1, 2008. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriff s Sale on March 5, 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 $207,925.25 Interest Through March 5, 2008 $20,344.60 Per Diem $60.53 Late Charges $741.66 Legal fees $2,385.00 Cost of Suit and Title $1,359.00 Sheriffs Sale Costs $0.00 Property Inspections $54.00 Appraisal/Brokers Price Opinion $570.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $20.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $318.00 TOTAL $233,717.51 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 February 25, 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 "D". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. P 1 ieg, LLP DATE: 3 ~~ gy. is ele M. Bradfo , E ire 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 NATIONAL TRUST . COMPANY, AS TRUSTEE FOR FFMLT 2006- FF4, MORTGAGE PASS-THROUGH : CERTIFICATES, SERIES 2006-FF4 . Plaintiff vs. KEVIN U. HOSSEN Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-4651-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE KEVIN U. HOSSEN 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. Plaintiff s Note was secured by a Mortgage on the Property located at 24 BLUE SPRUCE DRIVE, ENOLA, PA 17025. 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. II. 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 Mort~a~e 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 ofN Y vs Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v Cion oli, 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 Villaee 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 Sheriff s 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 Savin sand Loan Association v. Street Road Shoppin 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 often 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 often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 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: ~ ~~ 1 ' an & ieg, LLP By: chele M. Brad or , Es ire Attorney for Plaintiff Exhibit `~A" n na ° O -r~ ~T ~:~ ... ~... 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 14Q0 PHILADELPHIA, PA 19103 {215) 563-7000 159089 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 Plaintiff v. KEVIN U. HOSSEN 24 BLUE SPRUCE DRIVE ENOLA, PA 17025 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Q'?' .~'~~ l: lc~~c,l,~ CUMBERLAND COUNTY i CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE AT~OF~NFY ~(~,~ ~GPY PL~~~ R~~U~~: File k: 159089 f,_, ~~~I~~ I"ic~r~ f"~ +f~^'-'1~ •r,; 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 Se~'ed, by entering a written appearance personally or by attorney and tiling 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 3'ELEPHONE THE OFFICE SE1' 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)99-9108 Pile k: !59089 IF THIS IS THE FIRST NOTICE THAT YOU NAVE RECEIVED FROM THIS OFFICE, 8E 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 DEBTOR 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 DEFENDANTS} WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT W1LL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN TIIIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FUR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LA W 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. EVE1V THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS Fiie ~; 159089 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) llAYS, 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 AllDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIKTY (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 M; 159089 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 I SO ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, FA 15212 2. T`he name(s) and last known address(es) of the Defendant(s) are: KEVIN U. HOSSEN 24 BLUE SPRUCE DRIVE ENOLA, PA l 7025 who is/are the mortgagor(s) and/or real owners} of the property hereinafter described. On 12/16/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR FIRST FRANKLIN, A DIVISION OF NATIONAL CITY BANK OF INDIANA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1936, Page: 794. 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. I019(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, Fila b: 159089 5• The mortgage is in default because monthly payments of principal and interest u on sai P d mortgage due 03/02/2007 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. 6. 'The following amounts are due on the mortgage: Principal Balance Interest $207,925.25 02/01/2007 through 08/03/2007 $9,039.92 (Per Diem $49.13) Attorney's Fees Cumulative Late Charges $1'250.00 12/26/2005 to 08/03/2007 $741.66 Cost of Suit and Title Search Subtotal 750.00 $219,706.83 Escrow Credit Deficit $0.00 Subtotal $318.00 318.00 TQTAL $220,024.83 7• If the mortgage is reinstated i pr or to a Sheriffs Sale, the attorney's fee set forth above may be Less than the amount demanded based on work actually perform d e . The attorne 's fees y requested are in conformity with the mortgage and Pennsylvania law, Alai ntiff reserv es 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. r~io a: i s~oa9 8• Plaintiff is not seeking a judgment of personal liability (or an in ersonam 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, R• 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 k: 159089 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WNEIZEFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the su of $220,024.83, together with interest from 08/03/2007 at the rate of $49.13 er die m of Judgment, and other costs and charges collectible under the mort a p m to the date g ge and far the foreclosure and sale of the mortgaged property, PHELAN HALLIIY & SCHMIEG, LLP BY~ /s/Francis S. Hallinan LAWRENCE T, PHELAN, ESQUIRE DANIEL G. SCHMIF,G, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Filc p: 159089 LEGAL DESCRIPTION AlI That Certain lot or tract of land located in East Pennsboro Township, Cumberland County, Pennsylvania in accordance with a Final Subdivision Plan of Penn Valley, Phasel, recorded in Plan Book 67 Page 20, more particularly bounded and described as follows, to wit: Beginning at a point on the southern right-of--way lineof Blue Spruce Drive (SO feet wide) at the dividing line between Lots No. 41 and 42 as shown on the hereinafter mentioned plan; thence along the dividing line between Lots No. 41 and No. 42, South 09 degrees 45 minutes 1 S seconds East, a distance of 100.00 feet to a point on the northern line of Lot No. 57; thence along the dividing line T40 and No. 4I; thence along the dividing line between Lots No. 40 and No. 41; North 09 degrees 45 minutes I S seconds West, a distance of 100.00 feet to a point on the southern right-of--way line of Blue Spruce Drive; thence along the southern right-of--way tine of Bluc Spruce Drive, North 80 degrees 14 minutes 45 seconds East, a distance of $0.00 feet feet to a point, said point being the place of BEGINNING, Being Lot No. 41 on the Final Subdivision Plan of Penn Valley, Phase 1, recorded in Plan Book 67, Page 20, and containing approximately 8,000.00 square feet, more or less. UNDER AND SUBJECT to SO foot right of way. File N: 159089 BEING THE SAME PREMISES which DJH PENN VALLEY ASSOCIATES LIMITED PARTNERSHIP, A PA LIMITED PARTNERSHIP by Deed dated 10/19/OS and intended for immediate recording in the Office of the Recorder of Deeds in and for Cumberland, Pennsylvania, granted and conveyed unto KEVIN U. HOSSEN, A MARRIED MAN, Mortgagor(s) herein. PAKCEL NO: 09-13-0999-083, PROPERTY BEING; 24 BLUE SPRUCE DRIVE Eile i!: 159089 VERIFICATION FRANCIS S. HALI,INAN, 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 of the pleading, that he is authorized to make this verifcation 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 its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff' DATE: Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Piaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 21s s6s-~ooo DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006- FF4, MQRTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 v. Plaintiff, KEVIN U. HOSSEN 24 BLUE SPRUCE DRIVE ENOLA, PA 17025 ,, ~, :; ; ,;-, r, ~' A(~ q/~4///~~~ N!'' ,~ ^~tt e~ ,,^+>, ~N~ ~~ . CUMBERLAND COUNTY COURT OF COMMON PLEAS • CIVIL DIVISION • NO. 07-4651-CIVIL TERM `•. ~r. r-r „, ~ o- ~~ F ~ a t' ~ ~ ~ P. . :3~ ri ~rS t~4 +F':~ Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ~ ° ~ ANSWER AND ASSESSMENT OF DAMAGES -~~} '~ ~ rn ~ .- rr~ TO THE PROTHONOTARY: `~ ~~' ~~r' I r ~T:7 R7F V.~_a:. ~ ;t7r f ~~"~~ Q1 ~:J~ -~ _. Kindly enter an in rem judgment in favor of the Plaintiff and against ]KE '` . ,..3 .Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 da s fro _"H(3~rSE ~ { and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damagesyas ~ w~ ~~,~. . As set forth in Complaint ~'~'l~l~~~`~f ~ ~, , ~., `' ~ '` ~~~ ~w~, , $2a o, ~,,~"y~I~~C Interest from 08/04/07 to 09/24/r~,~,°~ ~ ; ; ;, . ~ ~' ,~ 4. TOTAL ,. ~,,4: ~~, {'~''Y $222,579.59 ~~~'~ 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, P~.i~S~ RETURN v, ..., Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _~~I T't /~ ~.~9~~ ~ O PROTHY arm---~' Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: KEVIN U. HOSSEN KELLY R. HOSSEN Debtor Bk. No. 1:07-bk-03953 RNO DEUTSCHE BANK NATIONAL TRUST Chapter No. 07 COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, . MORTGAGE PASS-THROUGH CERTIFICATES, . SERIES 2006-FF4 Movant _ v. KEVIN U. HOSSEN 11 U.S.C. §362 Respondent and MARKIAN R. SLOBODIAN, ESQUIRE (TRUSTEE) . Respondents , ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 24 BLUE SPRUCE DRIVE, ENOLA, PA 17025, 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 Sheriff's 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. Dated: February 1, 2008 BY the Court, ~fl~ert ~. C~~e~, Il, Bankruptcy Judge cC~ ~lzis ~I~rcurr~~n2 as electrtyr~fLc~Ily srgn~d ~ri~~Ic~' mra tlt~ sarn~ ~~~~. 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 February 25, 2008 KEVIN U. HOSSEN 24 BLUE SPRUCE DRIVE ENOLA, PA 17025 RE: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 vs. KEVIN U. HOSSEN Premises Address: 24 BLUE SPRUCE DRIVE ENOLA, PA 17025 CUMBERLAND County CCP, No. 07-4651-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 within 5 days, by March 1, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve t y o s M ch e M. a rd, Esquire For Phelan Hallinan & Schmieg, LLP Enclosure i -~ ~~ "z N a~ ~ O -~ n R ~~ a~ w Q, o ^ M ~~ ~~ °~ ~~ ~ro 0 oo~.n ~ °°^ o ~' N ~°^goa w w. ~ ~ ~~.~.o.d ~oGO=o' nig »,o ~ 0 aoo no~~. ~~~.o~~ o~b~ ~~ _ _ w ~ o v~ aE. ~ _n a ~, o. c °< ~ B ~ w' U ~ o E_'. f0 0~~ o o 3 n ~ m ~.Mei' rv ~.~~ g ~ o. ~ ~. o.a~~ ~~~.~ =.~ dom. ~~~d a~ ~. ~. C ~ S N ry R .o a.~~ a ~ v ~ w_ .y N~ E ~ .N `pJf N '~' ~~ ~ y~~~. $B ~- y 3 ga~5 ~~o~ y _.oa :.a o~ ~~o~ ~ ~ °o ~p ~~~~ ~I ~I WI NI ~I of `°I °°I JI ~I ~I ~I WI NI~ r ~am ~~~as a y A A y a ,,,d ~, a x ~ _ ~ A ~ CD ~ ~ "t ~ ~ ~m ~ ~ ~~r' o ~~z r x-~ ~ ~' ~ _ - ~, -~. ~ ~ ~ ~ a ~6z z ~ ~~I~ IV Uj ~ ~ (~ ~ ~* ~ ~ z ~~ ~ ~' ~, m a r o. ,rte ~ c ~. ~ ~ ~ ~ o o ~ ~ C ~ m ~,, ° z y O r a b a o ~ ~' r~rs-^°r ~ ®.@PPIT/NE~Y 6ptryE5C . ~ 100421.801 0 F L~5 O`~ 8 ~t MAILED FROM ZIPGODE 1 91 03 /~.`/5- -..c.-~-.n-:. ~5 ~ 42 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 unsworn falsification to authorities. RR a n ~ ieg, LLP DATE: U gy. ichele radf d 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 X215)563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006- . FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 Plaintiff vs. KEVIN U. HOSSEN Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-4651-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. KEVIN U. HOSSEN 24 BLUE SPRUCE DRIVE ENOLA, PA 17025 DATE: (~ h i c ieg, LLP By Mic ele M. Bradf r quire Attorney for Plaintiff c? rv a a ~- ~, 'n ~"k ~ ~ l .Y~ ~ M. /~r ~ r.. <' V I ~n ~ . ~ _} -: ( .. ~ .t ~ ~ £,-~ C7 r.;,, ~ rn ~;~ .~-- MAR 0 B 2D08 ~' Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas COMPANY, AS TRUSTEE FOR FFMLT 2006- FF4, MORTGAGE PASS-THROUGH : Civil Division CERTIFICATES, SERIES 2006-FF4 . Plaintiff CUMBERLAND County vs. KEVIN U. HOSSEN No. 07-4651-CIVIL TERM Defendant RULE AND NOW, this ~' day of .^~ ~c~ 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. LO al~r a~~ fsnri~ Rule Returnable umber arns ia. BY T E COUR' r~ -~~ ,,YCEVIN U. HOSSEN 24 BLUE SPRUCE DRIVE ENOLA, PA 17025 Y ~o-~ J. Michele .Bradford, Esquire ~lan allinan & Schmieg, LLP 1617 J K Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford(a,fedphe.com 159089 SS ~~ ~a L- ~~N 800Z 1~ _~ 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 X215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006- FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 Plaintiff vs. KEVIN U. HOSSEN Defendant TO THE PROTHONOTARY: PRAF.f iPF. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-4651-CIVIL TERM Plaintiff hereby withdraws its Motion to Reassess Damages, filed on March 6, 2008 in the above referenced action. DATE: 2 a~ h a a mieg, LLP By: Miche e M. Bradford, squire Attorney for Plaintiff r ~., 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 X215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006- FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 Plaintiff vs. KEVIN U. HOSSEN Defendant No. 07-4651-CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. KEVIN U. HOSSEN 24 BLUE SPRUCE DRIVE ENOLA, PA 17025 ieg, LLP DATE: _ ~~I _l~ o By: TT __ M the e M. Bradfo ,Esquire Attorney for Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : CUMBERLAND County ~_ S, s ~ '~ ~ Z.J e {{ _! ' E . ~ ~ ~ _ :,. 4 't7 ~~ r -1-. ~ _. ..- ~ti~ _ ? .. -'1 ^` ~ R COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FFMLT 2006-FF4 TR is the grantee the same having been sold to said grantee on the 5TH day of MARCH A.D., 2008, under and by virtue of a writ Execution issued on the 26TH day of SEPT, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 4651, at the suit of DEUTSCHE BANK NATIONAL TR CO TR against KEVIN U HOSSEN is duly recorded as Instrument Number 200808336. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~~~ day of ~ ~._. of Deeds a.. _ ,t; s _ ~ ~E~~1, ~~ ~,~~~, ~~~ .. ~.. -.. ~c~~~,~c ~ ~.~_~ztir Deutsche Bank National Trust Company In the Court of Common Pleas of As Trustee for FFMLT 2006-FF4, Mortgage Cumberland County, Pennsylvania Pass-Through Certificates, Series 2006-FF4 Writ No. 2007-4651 Civil Term VS Kevin U. Hossen Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on December 06, 2007 at 2031 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: Kevin U. Hossen, by making known unto Kelly Hossen, wife of Kevin U. Hossen at 24 Blue Spruce Drive, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 1625 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 Kevin U. Hossen located at 24 Blue Spruce Drive, Enola, 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: Kevin U. Hossen by regular mail to his last known address of 24 Blue Spruce Drive, Enola, PA 17025. This letter was mailed under the date of January 8, 2008 and never returned to the Sheriffs Office. 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 March O5, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Deutsche Bank National Trust Company, as Trustee for FFMLT 2006-FF4, Mortgage Pass Through Certificates Series 2006-FF4. It being the highest bid and best price received for the same, Deutsche Bank National Trust Company, as Trustee for FFMLT 2006-FF4, Mortgage Pass Through Certificates Series 2006-FF4 of 150 Allegheny Ceter Mall, Pittsburgh, PA 15212, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,284.88. Sheriffs Costs: Docketing $30.00 Poundage 25.19 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 28.80 Levy 15.00 Surcharge 20.00 Law Journal 491.00 Patriot News 503.72 ~ S•D S'(~ Share of Bills 16.17 Distribution of Proceeds 25.00 CK-~ ~4 ~ 7` Sheriffs Deed 39.50 ~ ,3~a~ IU~ ~~ $1 284 88 ` , . 1~`~~tSL$O 3 So(~A~~n~s'wers: R. Thomas Kline, Sheriff ~ I r "" BY ~Jc~ ~~rvvnl`~ Real Estate Se eant r: DEUTSCIi"E BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006- FF4,IVIORTGAGF, PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 Plaintiff, v. KEVIN U. HOSSEN . Defepdant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4651-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANKNATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 ,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 ,24 BLUE SPRUCE DRIVE, ENOLA, PA 17025 . 1. Name and address of Owner(s) or reputed Owner(s): Name KEVIN U. HOSSEN Last Known Address (if address cannot be reasonably ascertained, please indicate) 24 BLUE SPRUCE DRIVE ENOLA, PA 17025 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. Nzme and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) INTEGRITY BANK MERS AS A NOMINEE FOR FIRST FRANKLIN, A DIVISION OF NAT.CITY BANK OF IN MERS AS A NOMINEE FOR FIRST FRANKLIN, A DIVISION OF NAT. CITY BANK OF IN 3345 MARKET STREET CAMP HILL, PA 17011 P.O. BOX 2026 FLINT, MI 48501-2026 2150 NORTH FIRST STREET SAN JOSE, CA 95131 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 24 BLUE SPRUCE DRIVE ENOLA, PA 17025 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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 falsification to authorities. September 24, 2007 DATE ANIEL G. E Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006- FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF4 Plaintiff, v. KEVIN U. HOSSEN Defendant(s). CUMBERLAND COUNTY No. 07-4651-CIVIL TERM September 24, 2007 TO: KEVIN U. HOSSEN 24 BLUE SPRUCE DRIVE ENOLA, PA 17025 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at , 24 BLUE SPRUCE DRIVE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on MARCH 5,2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $222,579.59 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT 2006-FF4, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF4 (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 MAYBE 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. Ifthe 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 tract of land located in East Pennsboro Township, Cumberland County, Pennsylvania in accordance with a Final Subdivision Plan of Penn Valley, Phasel, recorded in Plan Book 67 Page 20, more particularly bounded and described as follows, to wit: Beginning at a point on the southern right-of-way line Blue Spruce Drive (50 feet wide) at the dividing line between Lots No. 41 and 42 as shown on the hereinafter mentioned plan; thence along the dividing line between Lots No. 41 and No. 42, South 09 degrees 45 minutes 15 seconds East, a distance of 100.00 feet to a point on the northern line of Lot No. 57; thence along the dividing line between Lots No. 40, No. 57 and No. 58, South 80 degrees 14 minutes 45 seconds West, a distance of 80.00 feet to a point at the dividing line between No. 40 and No. 41; thence along the dividing line between Lots No. 40 and No. 41, North 09 degrees 45 minutes 15 seconds West, a distance of 100.00 feet to a point on the southern right-of-way line of Blue Spruce Drive; thence along the southern right- of-way line of Blue Spruce Drive, North 80 degrees 14 minutes 45 seconds East, a distance of 80.00 feet to a point, said point being the place of BEGINNING. Being Lot No. 41 on the Final Subdivision Plan of Penn Valley, Phase 1, recorded in Plan Book 67, Page 20, and containing approximately S,000.OD square feet, more or less. UNDER AND SUBJECT TO A TWENTY {20) FOOT DRAINAGE EASTMENT. Being Part of the Same premises which Logan's Run Associates, a Pennsylvania General Partnership, by deed dated November 5, 2004, and recorded November 9, 2004, by the Recorder of Deeds in-and for Cumberland County in Deed Book 266, Page 769, granted and conveyed unto DJH Penn Valley Associates Limited Partnership, a Pennsylvania Limited Liability Partnership, Grantors herein. PARCEL IDENTIFICATION NO: 09-13-0999-083 CONTROL #: 09001344 Premises: 24 Blue Spruce Drive, Enola, PA 17025 East Pennsboro Township Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Kevin U. Hossen, married man, by Deed from DJH Penn Valley Associates Limited Partnership, dated 10/19/2005, recorded 01/03/2006, in Deed Book 272, page 2889. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4651 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for FFMLT 2006-FF4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2206- FF4, Plaintiff (s) From KEVIN U. HOSSEN (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 $222,579.59 L.L. $.50 Interest from 9/24/07 to 3/05/08 (per diem - $36.59) -- $5,964.17 Atty's Comm % Due Prothy $2.00 Atty Paid $161.40 Plaintiff Paid Other Costs $1,933.50 Date: 9/26/07 (Seal) REQUESTING PARTY: Name DAl\TIEL G. SCHMIEG, ESQUIRE C rtis R. Long, Prothono ry By: ~ . _J.J~ Deputy 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 Real Estate Sale # 03 On October 26, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 24 Blue Spruce Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 26, 2007 By\~ ~~~~ U(~ Real Estate Sergeant ;"~,' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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: January 25, February 1 and February 8, 2008 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. `~ ~V Coyne, TO AND SUBSCRIBED before me this day of February, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 3 _.___ Writ No. X007-=ibJi Cieu Deutsche Bank National Trust Company, as Trustee for FFMLT 2006-FF4, Mortgage Pass Through Certificates, Series 2006-FF4 v s. Kevin U. Hossen Atty.: Daniel Schmieg DESCRIPTION All That Certain lot or tract of land located in East Pennsboro Township, Cumberland County, Pennsylvania in accordance with a Final Subdivi- sion Plan of Penn Valley, Phase 1, recorded in Plan Book 67 Page 20, more particularly bounded and de- scribed as follows, to wit: Beginning at a point on the south- ern right-of-way line Blue Spruce Drive (50 feet wide) at the dividing line between Lots No. 41 and 42 as shown on the hereinafter mentioned plan; thence along the dividing line between Lots No. 41 and No. 42, South 09 degrees 45 minutes 15 seconds East, a distance of 100.00 feet to a point on the northern line of Lot No. 57; thence along the dividing line between Lots No. 40, No. 57 and No. 58, South 80 degrees 14 minutes 45 seconds West, a distance of 80.00 feet to a point at the dividing line between No. 40 and No. 41; thence along the dividing line between Lots No. 40 and No. 41, North 09 degrees 45 minutes 15 seconds West, a distance of 100.00 feet to a point on the southern right-of-~vay line of Blue Spruce Drive; thence along the southern right-of-way line of Blue Spruce Drive, North 80 degrees 14 minutes 45 seconds East, a distance of 80.00 feet to a point, said point be- ing the place of BEGINNING. Being Lot No. 41 on the Final Sub- division Plan of Penn Valley, Phase 1, recorded in Plan Book 67, Page 20, and containing approximately 8,000.00 square feet, more or less. UNDER AND SUBJECT TO A TWENTY (20) FOOT DRAINAGE EASTMENT. Being Part of the Same premises which Logan's Run Associates, a Pennsylvania General Partnership, by deed dated November 5, 2004, and recorded November 9, 2004, by the Recorder of Deeds in and for Cumberland County in Deed Book 266, Page 769, granted and conveyed unto DJH Penn Valley Associates Limited Partnership, a Pennsylvania Limited Liability Partnership, Grant- ors herein. PARCEL IDENTIFICATION NO: 09-13-0999-083. CONTROL #: 09001344. Premises: 24 Blue Spruce Drive, Enola, PA 17025, East Pennsboro Township, Cumberland County, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Kevin U. Hossen, mar- ried man, by Deed from DJH Penn Valley Associates Limited Partner- ship, dated 10/ 19/2005, recorded O1/03/2006,in Deed Book 272, page 2889. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE c~he ~latriot-News Now you know CARLISLE PA 17013 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: 01/30/08 02/06/08 02/13/08 4 ~ v , Sworn to cribed before me Xhjs'25 d /• of%~ebruary, 2008 A.D. ~~f ~ Notary Public COMMONWEAi_T!~ ::c- ~;- ~,_ ~:,°l~ '~^~~ 1, Shertie L Kis~•~ ": `,Ec E City Of Hamsb~ .: ~avnty 2011 26 ~ Carter` ;,: - , Member, PennsylMa~• ,:••, :~r~ ;,r i`lotsries REAL ESTATE SALE NO. S Writ t4b. 2067-Ma1 Chtil Term Derrtsefre Bank Nttttbnei7tust ~P~ ~ 7#uslss for frFMLT 2000-FF4, INortgsge pass Through CerttHcafes, Sertes '2006-FF4 VS Kevin U. Haesen Attorney Daniel'Schmieg DESCRIP710N All That Certain lot or tact of land located ro East Pennsbao Townsl»p, Ctirmberlaod County, Pennsylvania ro acoadance with a Fina1 Subdivision -Plan of Penn Valley, Phasel, recorded ro Plan Book 67 Page 20, mae particularly bounded and desrn'bed as follows, to wit Beginning- a< a porot on the saran right-af- way line Blue Spruce Drive (50 fed wide) at the dividmg ]roe between Lots No. 41 and 42 as shown na dre hereinaftex mwtiooed plan; thence ~~ "~ ~! divittiag tine betwan Lots No. 41 and No. 42, South 09 dcgnxs 45 mimrfes IS seconds Fast, a distance of 100.00 fed to a pan oo the n. rthem line of Lot No. 57; thence along the dividing line between Lots No. 40, No. 57 and No. 58, South 80 degrees 14 minutes 45 seeds West, a distance of 80.00 fed to a point at the dividing lice bdwe~ No. 40 and No. 41; ffience along the ~viding tine between Lots No. 40 and No. 41, North 09 degrees 45 minrtec IS seconds West, a distance of 100.00 fed to.a point on the southern right-of way lice of Blue Spmcx Drive; thence along the soudtan rigtn-0f-way tin of Blue Spence Drive, North 80 degrees 14 ®inutes 45 seconds Past, a distance of 80.00 fed to a point, said point befog tbe place of BEGINNING. Being Lot No. 41 m ae limal Sul73iviaaon Plan of P~ Vedey, Pone 1, neca~ded ro Plan Book Page Zit, and containing approximately 8,000.00 square fed, more ae less. UNDER AND SUBIECf TO A TWENTY (20) F~n7f DRABVAGE EASTMENff. l3arcai the Saaae pneiacs r~,a0ae~s Rua.: ..~...... by aeeadMd.Aiea~.har s, zaoa, and recorded November 9, ZOOd, liy the Recorder of Deeds m and far Cumberland County ro Deed Book 266, Page 769, granted and conveyed m>to DIH Pew Valley Associates Limited Pmtaaship, a Pemsyhania Limited Liabr7ity Partnaship, 4aatas herein. PARCEL II)IIV77FICATION N0: 09-13.0999- 083 C%~fROI, ~: 09001344 Premises: 24 Blue Spence Drive, Enola, PA 17ou Ea.t Pe~sbaro Township Cumberand Canty Pennsylvania TfILE TO SAID PREMLSES LS VESTED IN Kevin U. Hossen, married man, by Deed from DIH Penn Valley Associates Limited Partnership, dated IQ+19lZ005, recorded 01/03! 200ti, in Dyed Book 272, page 2889.