Loading...
HomeMy WebLinkAbout07-5298 ,~ 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 1sa77s U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff v. DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. 23 i SOUTH SIDE DRIVE NEWVILLE, PA 17241 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D'j - 5a9$ l~ ivi ~ ~Grwi CUMBERLAND COUNTY CIVIL ACTION -LAW. COMPLAINT IN MORTGAGE FORECLOSURE File #: 1s877s ,~ 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 appeazance personally or by atbrney 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 Baz Association 32 South Bedford Street Cazlisle, PA 17013 (800)990-9108 File #: 158775 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 #: 158775 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 #: 158775 .' 1. Plaintiffis U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE GBASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/11/1997 INGRID K. FETTROW, DEBORAH L. FETTROW, and DAVID S. FETTROW, SR. made, executed, and delivered a mortgage upon the premises hereinafter described to MELLON BANK, NATIONAL ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1369, Fage: 337. 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 ~'elieves 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/13/2007 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. File #: 158775 ,~ 6. The following amounts aze due on the mortgage: Principal Balance $21,217.66 Interest $1,054.68 02/13/2007 through 09/04/2007 (Per Diem $5.17) Attorney's Fees $1,250.00 Cumulative Late Chazges $74.72 03/11/1997 to 09/04/2007 Cost of Suit and Title Search 550.00 Subtotal $24,147.06 Escrow Credit $0.00 Deficit $1,729.29 Subtotal 1 729.29 TOTAL $25,876.35 7. 8. 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 aze 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. 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 dischazged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 158775 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. 10. Plaintiff hereby releases DAVID S. FETTROW and INGRID K. FETTROW from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $25,876.35, together with interest from 09J04/2007 at the rate of $5.17 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. PHEL HALLINAN & SCHIVIiEG, LLP ~. By: rands S. Hallman LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File ~!: 158775 r~ LEGAL DESC1tIPTION ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road known as the Farm Road, a corner of land now or late of David Steigleman; thence by the center of said Road North 00 degrees 45 minutes West 245 feet to a stake on the northern side of the Peach Orchazd Road on line of land now or late of Olmer Spence; thence by said land North 52 degrees 30 minutes East 150 feet to a point; thence recrossing the Peach Orchazd Road and by land now or late of Thomas E. Meals South 8 degrees 30 minutes East 319 feet, more or less, to a point on line of land of Steigleman; thence by said land South 82 degrees 45 minutes West 165 feet to the place of BEGINNING. CONTAINING .96 acres more or less. 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241 File #: 158775 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 aze 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. 4Q04 relating to unsworn falsifications to authorities. ~//~G.- Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: / ' ~ ~ C~ h C> +v ~~ ~..°- 0 .,~ _ f'~ _ v7 ~~ Y' _ ' w..~ ~-..~ i j ~ ~` r Y` . ~ . - ~ t ..3 ' " C SHERIFF'S RETURN - REGULAR '~ CASE NO: 2007-05298 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS FETTROW DEBORAH L ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FETTROW DEBORAH L the. DEFENDANT at 1918:00 HOURS, on the 21st day of September, 2007 at 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 DAVID S FETTROW, HUSBAND 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 l~~Q ~ 0 Sworn and Subscibed to before me this So Answers: 18.0 0 _° ,~°'~ -° ~~ .00 10.00 R. Thomas Kline .00 62.56 09/25/2007 PHELAN HALLINAN SCHMIEG day Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR * CASE NO: 2007-05298 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS FETTROW DEBORAH L ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FETTROW DAVID S AKA DAVID S FETTROW JR the DEFENDANT at 1918:00 HOURS, on the 21st day of September, 2007 at 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 DAVID S FETTROW 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 Iglp~ Surcharge ~p D Sworn and Subscibed to before me this of So Answers: 6.00 ,.. ~~ ,, .00 fr" 10.00 R. Thomas Kline .00 16.00 09/25/2007 PHELAN HALLINAN SCHMIEG By. day Deput Sheriff A.D. r 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 (2151 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007- RP1 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5298-CIVIL TERM Plaintiff, v. DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. 231 SOUTH SIDE DRIVE . NEWVILLE, PA 17241 DEBORAH L. FETTROW 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 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 DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. and DEBORAH L. FETTROW, 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 09/05/07 to 11/19/07 TOTAL $ 25,876.35 $ 392.92 $ 26,269.27 S I hereby certify that (1) the addresses of the (2) that notice has been given in accordance with I intiff and Defendant(s) are as shown above, and 237.1, ~Qpy att4c}~ed. ANIEL G. SCHMIEG, ESQ ttornev for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ai s ~~ O PROTHY ~ 158775 ` , PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 1 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS :COURT OF COMMON PLEAS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 :CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. NO. 07-5298-CIVIL TERM DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. Defendants q ~ ~r~~. t~ ~~~~ TO: DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 DATE OF NOTICE: OCTOBER 12.2007 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 WTTHIN 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 WTTH 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 S. FRA CIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff { PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., ld. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (2151 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS :COURT OF COMMON PLEAS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPI : CNIL DNISION Plaintiff CUMBERLAND COUNTY Vs. NO. 07-5298-CNIL TERM DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. Defendants TO: DEBORAH L. FETTROW 231 SOUTH SIDE DRIVE ~ ~' ~~~. NEWVILLE, PA 17241 ~ ~ ~ ~ DATE OF NOTICE: OCTOBER 12, 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 RECENED 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 CIS S. HA L AN, ESQUIRE Attorneys for Plaintiff ' 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007- RP1 4828 LOOP CENTRAL DRIVE Plaintiff, v. DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. DEBORAH L. FETTROW Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5298-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 DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. is over 18 years of age and resides at , 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241 . (c) that defendant DEBORAH L. FETTROW is over 18 years of age, and resides at , 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. A P 11 ~ n ANIEL G. SCHMIEG, ESQU Attorney for Plaintiff C 1 ~^•.s ~- ~ ~J O ~ r-' ~... .'t~ :.~ (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007- RP1 4828 LOOP CENTRAL DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5298-CIVIL TERM Plaintiff, v. DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. DEBORAH L. FETTROW Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~v . a, f 200 `7 . -~ By: DEPUTY o~ If you have any questions concerning this matter, please contact: t. I ;~ _ ~ ANIEL G. SCHMIEG, ESQU ~ 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.** 4 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007- RP1 Plaintiff, v. DAVID S. FETTROW A/K/A DAVID S. . FETTROW, JR. DEBORAH L. FETTROW Defendant(s). No. 07-5298-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11 /20/07 - 03/05/08 (per diem -$4.32) Add'1 Costs TOTAL $ 26,269.27 $ 462.24 and Costs $2,713.50 $ 29,445.01 C ~ . ~1 ~ 1n nn ~ n r~ ~ ! \ D~jtNIEL G. SCHIVIIEG, ~~I~I~E ~ e Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suit 1 0 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. 158775 o~ ~~ a~ a~ ow ~~ o~ 00 U ~~ o~ xw F ~~-+ ~U ~~ ~ ~ o s 1 O s ~ ~w z~~ o ~, ~ ~o~ ~~~~ 4~~~ ~~Ao U o~~W ~aHW zwW~ ~W~ ~F ~~~ v~aC aHa -6-, a~ ~a 0 H w ~~ AH 5H A~ ~a o~° HA W v~ 5 A 0 ~~ ~~ W ~ wo o~ H ~ a~w 3~ W oou a~ U a f r ... ~ ~ n n .-, .~ ~ as as ~~ z~ y~ AA ~ ww~ a .~ ~~ ~ ~~ ~ ~a ~ ~~ ,~ ~ a a N a~~i ~ _ _ ~ Q ~ N' ` ° ~ '3 ~ ~ 1 -{ , , `">~{~~~ v 7 o s -, ~ 4 ~- ~ -~~ ~ C Q 0 ..r c ALL that certain tract of rand situate in Penn 1;'ownsbip, Cumberland County, Pennsylvania, bounded and described as •foll.ows: BEGINNING at a point in the center of 'a public road known as Ehe Farm road, a corner of land now or late of bvid Steigleman;• thence by the center of said Rvad North 00 degrees 45 minutes•weSt 245 feet to a stake on the northern side o,E the peach Orchard Road on line of land now yr late of Olmer ~spience; thence by said land North 52 degrees 30 minutes East '150 Eeet to a point; thence recrossing the Peach orchard 4toad and by land now or late of Thomas E. Meals South 8 degrees 30 minutes East 319 feet, more or less, to a point on line bti land of Steigleman; thence by said land South 82 degrees 45 minutes west 165 feet to the place of BEGINNING. CONTAINING .96~acres more or less. UNDER AID SU8.7k;CT, NEVF~tTHEI.LSS, to easements, conditions and restrictions of prior record pertaining to said premises. Tl)GETHER with all end singular the buildings, improvements, ways, wopds, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belongiriq or in anywise appertaining) and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; • AND ALSO all the estate, right, title, interest, use,• possession, property, claim and demand whatsoever of the Grantors both in law and in equity, of, in and. to. the premises: herein described and every part and paXCel thereof with the • appurtenances. ~ ' TO 1•IAVE ANp TO HOY.D all and singular the premises herein described together with the hereditaments and appurtenances -- unto the Grantees, and to Grantees' proper use and benefit, `~ forever. •• ~ • AND TItE SAID GRANTORS, do hereby warrant apeoially the property hereby conveyed. YN WYTNESS WHERi'OF, the Grantors have hereunto set their hands and Seal's the day and year first above mentioned. TITLE TO SAID PREMISES IS VESTED IN David S. Fettrow, Sr., unremarried widower and Deborah L. Fettrow, single woman and David S. Fettrow, Jr., single man, as joint tenants with the right of survivorship, by Deed from David S. Fettrow, Sr., unremarried widower and Deborah L. Fettrow, single woman, dated 02/28/2002, recorded 03/04/2002, in Deed Book 250, page 3130 PARCEL IDENTIFICATION NO: 31-13-0112-017 Premises: 231 South Side Drive, NewviIle, PA 17241 Penn Township Cumberland County Pennsylvania 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007- RP1 Plaintiff, v. DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. . DEBORAH L. FETTROW Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5298-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: 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. l~ l ~ ~' ~ ~ ~ ANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ,U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007- RP1 Plaintiff, v. DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. DEBORAH L. FETTROW Defendant(s). . CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISION . NO. 07-5298-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 ,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 ,231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. DEBORAH L. FETTROW 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 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) CITIFINANCIAL, INCORPORATED 6520 CARLISLE PIKE, SUITE 155 MECHANICSBURG, PA 17055 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 ANNETTE M. FETTROW 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 826 NORTH COLLEGE STREET CARLISLE, PA 17013 ANNETTE M. FETTROW C/O 150 SOUTH COLLEGE STREET THOMAS M. PLACE CARLISLE, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of #iy personal knowledge or information and belief. I understa d that false statements herein are made $ub~ect to the penalties of 18 Pa. C.S. Sec. 4904 relating to '~orn falsificati n o a th rities. /n c ~ ~ ~ II November 19, 2007 ~ ~ U ~ DATE ANIEL G. S G, ESQ Attorney for Plaintiff .~ U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007- RPl Plaintiff, v. CUMBERLAND COUNTY No. 07-5298-CIVIL TERM DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. DEBORAH L. FETTROW Defendant(s). TO: DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. 231 SOUTH SIDE DRIVE November 19, 2007 DEBORAH L. FETTROW 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 NEWVILLE, PA 17241 **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 BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at , 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241, 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 $ 26,269.27 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPl (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 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 :' v ALL that Certain tract of rand situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as -follows: • BEGINNING at a point in the center of 'a public road known as the Farm ttoad, a corner of land now or late of bvid Steigleman; thence by the center of said Road North 00 degrees 45 minutes'1PeSt 245 £eet to a stake on the northern side ox __the Peach Orchard road on line of land now or late of Olmer Spence; thence by said land North 52 degrees 30 minutes East 150 feet to a port; thence recrossing the Peach oarchard Koad and by land nvw or late of Thomas E. Meals South B degrees 30 minutes East 319 ~eet, more or less, ko a point on line o.E land of Steigleman; thence by sai8 land South 82 degrees 45 minutes west 165 feet to the place o~ BEGINNING. CONTAINING .96•acres more or less. ONDEIt AID SUB.7E(.'T, NEVix.1~tT4iEL1~SS, to easements, conditions and restrictions of prior record pertaining to said premises. TUGGyrTBER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights,- liberties, privileges, hereditaments anti appurtenances to the same belonging or in anywise appertainingf and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; - AND ALSO all the estate, right, title, interest, use,• possession, property, claim and demand whatsoever of the Grantors both in law and in equity, of, in and.to.the premises:~ herein described aqd every part and parcel thez~eof with the •• appurtenances. •. TO HAVE AND TO HOrD all and singular the premises herein described together with the hereditaments aAd appurtenances - unto the Grantees, and to Grantees' proper use and benefit, '~ forever. •• AND 7'tiE SAYD GRANZ`ORS, do hereby warrant specially the property hereby Conveyed. IN WYT[iESS NHECLSOF, the Grantors have hereunto set their hands and seal's the day an<! year first above mentioned. TITLE TO SAID PREMISES IS VESTED IN David S. Fettrow, Sr., unremarried widower and Deborah L. Fettrow, single woman and David S. Fettrow, Jr., single man, as join# tenants with the right of survivorship, by Deed from David S. Fettrow, Sr., unremarried widower and Deborah L. Fettrow, single woman, dated 02/28!2002, recorded 03/04/2002, in Deed Book 250, page 3130 PARCEL IDENTIFICATION NO: 31-13-0112-017 Premises: 231 South Side Drive, Newville, PA 17241 Penn Township Cumberland County Pennsylvania WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5298 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, As Trustee for the C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1, Plaintiff (s) From DAVID S. FETTROW a/k/a DAVID S. FETTROW, JR., and DEBORAH L. FETTROW (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 $26,269.27 L.L.$ 0.50 Interest from 11/20/07 - 3/05/08 (per diem - $4.32) -- $462.24 and Costs Atty's Comm Atty Paid $197.56 Plaintiff Paid Date: 11; 21/07 Due Prothy $2.00 Other Costs $2,713.50 Prothonota (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE By: Address: PHELAN HALLINAN &SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Deputy Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 ~215~, 563-7000 U.S. Bank National Association, as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates series 2007-RP 1 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County Deborah L. Fettrow No. 07-5298 Civil Term David S. Fettrow, a/k/a David S. Fettrow, Jr. 231 South Side Drive Newville, PA 17241 Defendants MOTION FOR EQUITABLE CONVERSION TO REAL PROPERTY AND NOW, COMES PLAINTIFF, U.S. Bank National Association, as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates series 2007-RP1, by its attorneys, Phelan Hallinan & Schmieg, LLP, and presents this Motion for Equitable Conversion to Real Property, and in support thereof, avers the following: 1. On or about March 11, 1997, Deborah L. Fettrow and David S. Fettrow, 5r. made, executed and delivered a mortgage to Mellon Bank, N.A. in the principal sum of $36,811.50 for the property at 231 South Side Drive, Newville, PA 17241, which mortgage was recorded on March 12, 1997 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1369, Page 337. A true and correct copy of the mortgage is attached hereto, made part hereof, and marked as Exhibit "A". 2. Plaintiff is now the legal owner of the mortgage and is in the process of formalizing an assignment. 3. Defendants defaulted on the mortgage payments, and remain due and owing to Plaintiff for the March 13, 2007 payment and each payment thereafter. 4. On or about September 5, 2007, Plaintiff filed a complaint in mortgage foreclosure. A true and correct copy of the complaint is attached hereto, made part hereof, and marked as Exhibit "B". 5. Defendants Deborah L. Fettrow and David S. Fettrow, a/k/a David S. Fettrow, Jr. were served with the complaint on September 21, 2007. True and correct copies of the Affidavits of Service are attached hereto, made part hereof, and marked as Exhibit "C". 6. Plaintiff filed a default judgment against Defendants on November 21, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "D". 7. The property had been assessed in part for "land value", and in part for "building value", under a tax parcel I.D. number of 31-13-0112-017. Based on the Cumberland County assessment ratio of 1.22, the fair market value of the property is $46,396.60. A true and correct copy of the tax assessment record is attached hereto, made part hereof, and marked as Exhibit «E„ 16. Plaintiff is requesting the entry of a court order declaring the house as realty, so that the buyer of the property at Sheriff s Sale will acquire clear title to the house and land. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. 17. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion for Equitable Conversion and Order to the Defendants on December 11, 2007 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "I". 18. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff U.S. Bank National Association, as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates series 2007-RP 1 respectfully requests that this Honorable Court enter an Order on this motion, that the property at 231 South Side Drive, Newville, PA 17241 with a tax parcel I.D. number of 31-13-0112-017, be equitably converted to real estate by way of this motion, and not subject to separation from land. PHELAN HALLINAN & SCHMIEG, LLP Date: t $ ~ By: is le M. Bradford, Esquire Jenine R. Davey, Esquire Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 ~215Z 563-7000 U.S. Bank National Association, as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates series 2007-RP 1 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff vs. Deborah L. Fettrow David S. Fettrow, a/k/a David S. Fettrow, Jr. 231 South Side Drive Newville, PA 17241 Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-5298 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR EQUITABLE CONVERSION TO REAL PROPERTY I. PROCEDURAL HISTORY On March 11, 1997, Deborah L. Fettrow and David S. Fettrow, Sr. made, executed and delivered a mortgage on the Property to Mellon Bank, N.A. in the principal amount of $36,811.50. Plaintiff is now the legal owner of the mortgage and is in the process of formalizing an assignment. Defendants defaulted in payments on the mortgage, and remain due and owing to Plaintiff for the March 13, 2007 payment and each payment thereafter. On or about September 5, 2007, Plaintiff filed a complaint in mortgage foreclosure, and Deborah L. Fettrow and David S. Fettrow, a/k/a David S. Fettrow, Jr. were served with the complaint on September 21, 2007. Plaintiff filed a default judgment against Defendants on November 21, 2007. The property had been assessed in part for "land value", and in part for "building value", under a tax parcel I.D. number of 31-13-0112-017. Further investigation of the property was obtained by way of an appraisal report, and photographs were taken of the property, to ascertain the status of the real estate improvement. Plaintiff also obtained a report from Penndot. Since the house is a mobile home or a manufactured home, potential third party purchasers of the property may not be able to obtain insurable title. The fact that the house is a mobile home or a manufactured home is a cloud on title. Plaintiff is requesting the entry of a Court Order declaring the house as realty, so that the buyer of the property at Sheriff's sale will acquire clear title to the house and land, and will be able to obtain an owner's policy of title insurance. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. II. LEGAL ARGUMENT A. Conversion to Realty Clearly it was the intent of the mortgagors that the home be used as security for the loan made by Mellon Bank, N.A. and not raw land alone. It was certainly Mellon Bank, N.A.'s intent that the mortgage cover the dwelling. In Pennsylvania, the intent of the parties is a key consideration in determining whether or not a chattel becomes a fixture. In re Appeal of Sheetz. Inc, 657 A.2d 1011 (1995). There are at least three considerations to be made in making this determination: (1) the manner in which it is physically attached or installed, (2) the extent to which it is essential to the permanent use of the building or other improvement and (3) the intention of the parties who attached or installed it. Id. At 1013, citing, McCloskey, 101 Pa. Commonwealth Court at 113-4, 515 A.2d at 644 citing, Clothier, the Law of Fixtures in Pennsylvania, 32 Pa. B.Q. 66, 66-67 (1960-61). Plaintiff submits that when these factors are considered, it is evident that the home is affixed to the land. The parties did not sit down at the closing table with the intent to mortgage raw land. If this home was ever mobile, it is not now, being firmly founded without any trace of mobility. Neither is the home convertible back to a mobile status. The Sheetz case goes on to cite the Superior Court case of Streyle v. Board of Property Assessment, 173 Pa. Superior Court 324, 98 A.2d 410 (1953) which held that "[h]ouse trailers, so long as they remain mobile, i.e., equipped with wheels, are personal property and not subject to taxation as real estate". Id. at 327, 328, 98 A.2d at 412. It would stand to reason that once the wheels are removed, permanent affixation is evident, the property should be taxable as real estate. Clayton v. Lienhard, 312 Pa.433, 167 A.321 (1933) is still the lead case cited for determining what category "chattels" fall under in connection with real estate. There is that which is clearly furniture and will always remain personalty, that which is clearly affixed and cannot be removed without injury to the real estate or the fixture itself, and that under which mobile homes fall: physically connected to the real estate, but removable without destroying the mobile home or the real estate. Plaintiff submits that the home at 231 South Side Drive, Newville, PA 17241 falls under the second classification. However, were the court to find that it was a "mobile home" under the Cla on definition, it would still need to find the home to be real estate, due to the determining factor that is the intent of the parties at the time of annexation Id. At 436, 322 (emphasis added). The Bovd Appeal case heard in Beaver County, Pennsylvania held that a "mobile home" which had its mobility removed was no longer a "mobile home" for zoning purposes, but should be deemed asingle-family dwelling. It further distinguished between trailers (with wheels) and mobile homes, indicating that "the structural construction of th[is] home differs from that of a conventional home only to the extent that it is of a smaller scale. The degree of difficulty in physically moving the structure is the same". Bovd Appeal, 67 Pa. D. & C. 2d1, 1974 WL 15624 (Pa.Com.Pl) (1974). In defining the structure, the Court set forth a plethora of factors that it found to separate such a permanent home from that of a trailer, such as the foundation itself, the building materials, the water, sewer and electricity utilities, telephone service, septic tank and fuel oil heating unit. Id. at 15. Further, counsel for Plaintiff in prior cases with very similar fact patterns has had relief granted in its favor in several Pennsylvania counties. In the instant case, Deborah L. Fettrow and David S. Fettrow, a/k/a David S. Fettrow, Jr. have clearly evidenced similar manifestations of intent to have this dwelling be permanently affixed to the land. It is clear from the photographs attached hereto that there is utility hookup, a porch, and a permanent foundation, and the interior of the dwelling is replete with the amenities of any other home. Further, as evidenced by the Cumberland County Tax Assessment documents attached to Plaintiff s instant motion, this property has been assessed as improved property for real estate tax purposes. Surely, logic dictates that if this type of improvement would be considered a home for zoning reasons, and the very county in which it sits has assessed it as real estate for tax purposes, the property should be deemed realty. A Lancaster County, Pennsylvania Court used the Cla on standard to hold that a mobile home constituted real estate under Pennsylvania law when the wheels of the home had been removed, the home remained in place for seven years, water, sewer, electricity and telephone were connected, and the owners paid real estate taxes to Lancaster County. Fromm v. Frankhouser, 7Pa. D. & C. 3d 560, 566-567, 1977 WL 269 (Pa.Comm. Pl) (1977). The same conclusion should be reached in Cumberland County in the instant case. B. Relief in Aid of Execution Pa.R.C.P. 3118 is designed to give the court "broad discretion to provide relief in aid of execution". National Recovery Systems v. Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.Pl 1981). Specifically, the rule provides, inter alias (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person... (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; ... (6) granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P. 3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). In this case, there is no question that an underlying judgment was entered in favor of the Plaintiff and against the Defendants. (See Exhibit "D"). Moreover, it is also clear that the mortgaged property at 231 South Side Drive, Newville, PA 17241, is property of the Defendants and is subject to attachment and execution. Therefore, the creditor is entitled to invoke Rule 3118 for its motion to aid in the execution of the property and the court has jurisdiction over this matter. C. Plaintiff's Motion to Equitably Convert Should Be Granted Pursuant to Rule 126 In Livingston v. Unis, 659 A.2d 606 (Pa. Cmwlth. 1995), although the Commonwealth Court found the Common Pleas Court exceeded the scope of Rule 3118 by making a determination of which creditor had priority to the debtor's lottery winnings, the court nonetheless refused to remand the case for a separate hearing. Id. at 612. In so finding the court stated "it would be judicially inefficient to remand this matter to the trial court when all of the necessary parties were able to participate in the matter before the Court of Common Pleas. " Id. at 609. In support of its ruling, the Livingston court cited Pa. R.C.P. 126, which provides that civil procedure "rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable." Pa. R.C.P. 126. In the present case, the Defendants at all times were aware of all proceedings and were able to fully participate. However, the Defendants have not contested any of the proceedings. Requiring a separate action to quiet title would cause undue delay and additional cost to Plaintiff. D. Quiet Title and Foreclosure Claims May Be Joined Under Meara Even if the Motion to Equitably Convert to Real Property were deemed to be a quiet title action, such an action may be properly joined with a foreclosure action under Meara v. Hewitt, 455 PA 132 (1974). Under the Pennsylvania Rules of Civil Procedure, a plaintiff in an action of mortgage foreclosure may state in his or her complaint two or more grounds for foreclosure, but may not state more than one cause of action. Pa. R.C.P. 1146. Thus, an action in equity may be joined with an action to quiet title and an action of mortgage foreclosure, where all three actions turn on the same legal question of the validity of a mortgage. Goodrich Amram 2d § 1146:1. E. Declaratory Relief Pennsylvania Rule of Civil Procedure 1602 titled "Declaratory Judgment as Ancillary Relief' states that a party may include a prayer for declaratory relief in any action at law or in equity. Consistent with the law cited above, this rule permits Flaintiff's requested relief in a mortgage foreclosure action. The Declaratory Judgments Act states, "Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed...." 42 Pa. C.S.A. §7532. In the instant case, Plaintiff is seeking an order declaring the status of the house as realty. Section 7532 gives the Court the authority to make this declaration. The Pennsylvania Superior Court has held that the Declaratory Judgments Act is to be liberally construed. Doe v. Johns-Manville Corp., 471 A.2d 1252, 324 Pa. Super. 469 (Pa. Super. 1984). In addition, the Declaratory Judgments Act is intended to provide relief from uncertainty. Curtis v. Cleland, 552 A.2d 316, 122 Pa. Cmwlth. 328 (1988). Accordingly, Plaintiff submits that the Declaratory Judgments Act provides the Court with jurisdiction to declare the Fettrow's house as realty, to provide relief to the Plaintiff from the uncertainty associated with selling a mobile home or manufactured home to a third P~Y• F. Equitable Princiules Plaintiff is without an adequate remedy at law and will suffer irrepazable harm unless the requested relief is granted. This Court has plenary power to administer equity according to well- settled principals of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A. 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnet v. Trout, 380 Pa. 504, 112 A.2d 333 (1955}. This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary. Plaintiff is requesting the entry of a court order declaring the house as realty, so that the buyer of the property at Sheriff's Sale will acquire clear title to the house and land. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. WHEREFORE, Plaintiff U.S. Bank National Association, as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates series 2007-RP 1 respectfully requests that this Honorable Court enter an Order on this motion, that the property at 231 South Side Drive, Newville, PA 17241 with a tax parcel I.D. number of 31-13-0112-017, be equitably converted to real estate by way of this motion, and not subject to sepazation from land. Respectfully submitted: PHELAN HALLINAN & SCHMIEG, LLP Date: 1 0 ~' By: is le M. Bradford, Esquir Jenine R. Davey, Esquire Attorneys for Plaintiff EXHIBIT ~' r ,, Genera#ed by TaEIPDE=.NET Eva{uation This Mortgage is made this 1~. thlay of Bch 19 9 7 ,between DAVID s. Faz"rROw, S~~t iNGRiD K JrllTTAOW (deceased ) DEBORAH L . Y'I±TTROW Together With All the buildings and improvements erected thereon, the privileges and appurtettanoes thereunto belonging, and the reversions and remainders, rents, issues, and profits thereof (all of which is hereinafter called the "Mortgaged Property"}; To Have And To Hold the same unto Mortgagee and its suc- oESSOrsand assigns, Forever. (hereinafter called "Mortgagor"} and Provided, However, that upon payment is full of the Obliga- tion, the estate hereby granted shall be discharged. MBLLON BANK, N. A. {hereinafter railed "Mortgagee"). As used herein, the reran "Mortgagor" refers individuafly and collectively to all Morigag- ors,and aU such persons shall be jointly and severally bound by the terms hereof. Whereas, DAVID S FETTRdW 5R DEBORAH L FETTRO'W (hereinafter individnatly and collectivety called "Borrower") (is) (are) indebted to Mortgagee in the principal sum of ***$36,811.50*** Dollars (S 36811.50) evidenced by a note, centract or letter of credit application ("the rvocC") dated Mereh ~ Z 19 97 To secure the payment of all sums due or which may become due under the Note sad any and all extensions or renewals thereof in whole or in pan (all of which is hereinafter called the "Obligation', and to secure performance of all obGgaiions under the Note and this Mortgage, Mortgagor by these presents, intending to be legally bound, does great, bargain, sell and convey unto Mortgagee and its successors and assigns all that certain property situated in Ct)!!Bt"sRLAND COUnty, Pennsylvania, and more particularly described is Exhibit "A", attached hereto and made a part herd; 23I SOUTH SIDE DRIVE Mortgagor represents, warrants, covenants, and agrees that: Ficstt Mortgagor will keep and perform aG the covenants and agreements contained herein. Second: Without prior written consent of Mortgagee, Mortgagor shall not cause or permit legal or equitable title to ail or part of the Mortgaged Property to become vested in any other person or entity by safe, operation of law, or in arty other manner, whether vofuntarity or smofuntarily. Third: Mortgagor warrants that Mortgagor owes the fce simple title to the Mortgaged Property f[ce and clear of aG !sans, claims, and etteumbranoes except those to which Mortgagee has consented in writing. Mortgagor covenants that the Mortgaged Property shall continue to be held free and clear of alt liens, claims, and encumbrances except as expt~essty peraritted by Mortgagee in writing. Fourth: Mortgagor wilt pay when due all taxes, assessments, levies, and other charges on or against the Mortgaged Property which may attain priority over the Gen of this Mortgage. H Mortgagor tails to do so, Morig~gcx at its sole option tray elect to pay such taxes, assessments, levies, or other charges. At Mortgagee's request, Mortgagor shall deliver written evidence. of at1 such paymants to Mortgagee. Fifth: Mortgagor shall keep the Mortgaged Property in good repair, excepting only reasonable wear and tear. Mortgagor will permit Mortgagee's authorized representatives to cater upon the Mortgaged Property at any reasonable time for the purpose of inspecting the condition of the Mortgaged Property. Without the written consent of Mortgagee, Mortgagor will not permit removal or detnofidon of improvements now or hereafter erected on saos<1369 rkcl: 337 NEWVILLE PA ]7241 Page 1 of 5 Click here to unlock TaIIPDF.NET Penasylvapla -Residential Property tt..zea t~.i~+) 4ctsr~) z«D. aN~ Generated by TallPDF.NET Evaluation *` ~• the Mortgaged Property, nor will Mortgagor permit waste of the Mortgaged Property or alteration of improvements now or hereafter erectod on the Mortgaged Property which would adversely affect its market value as determineaf by Morigagoe. 3istth: The term "hazardous substances' includes any substances, tttaterish, or wastes that ate or become regulated by a~ governmental authority because of toxic, flammabley eapiosiwe, eorr+osive, reactive, radioactive, or other properties that may be hazardous to hutuan health or the environment, as well as aay materials or substances that are listed in the United 5tatea Deparlmeat of Transportation Hazardous Materials Table, as amended from tithe to time. Mortgagor warrants that the Mortgaged Property does not contain any hazardous substances and that no physical conditions4 battardous to human health or safety are present on the Mortgaged Properly, except as previously disclosed to Mortgagce in wretIag. Mortgagor will neither cause nor permit the deposit, ere:ation, or presence of any hazardous subetattees ar the tertian or existence of any physical condition ltaztrdous to human health or safety on the Mortgaged Property. Mortgagor will comply at Mortgagor's expense with alt taws, regulations, rates, ordinances, and orders of courts or governmental agencies regarding the Mortgaged Property, now or hereafter in e~dstence, including but not limited to those relating to hazardous substances. If Mortgagor fails io do so, Mortgagce tray, at its option, take any action it deems in its sole discretion to be necessary to effectuate such compliance. Mortgagee strati have no obligation or liability at airy time with regard to hazardous substances or airy other physical conditions which tary exist on the Mortgaged Froperty at aay time. Mortgagor will indemnify and defend Mortgagee against arty and 811 liabilities or lasses of any type whatsoever which Mortgagor may incur by mason of airy hazardous substances or other physical conditions which they exist on the Mort$ag~oet Propeiy at arty time; provided, however, that if Mortgagee shall acquire sole possession of the Mortgaged Property, Mortgagor shall have no obligation under this paragraph on aecouat of arty ooadition which they thereafter come into esrtstotux and which was not causod by a previously existing condition. Mortgagor's obligations under this paragraph shall sttrviae the tetminatiott and sefisfaction of this Mortgage. Sevgttli: Mortgagor shall keep the Mortgaged Property insured against toss by fire, all other hazards contemplated by the term 'extended coverage," and such other risks and beards as Mortgagee shalt require, in such amounts as Mortgagee shall require. Mortgagor will purchase flood insurances as and to the esrtent requited by Mortgagee. The insurer or insurers will be chosen by Mortgagor, subject to approval by Mortgagce; and approval shall not be unreasonably withheld. All insurance potides shall contain lose payable clauses in favor of Mortgagee and shalt be cancelable by the insurer only after prfor written notice by the insurer to Mortgagee. Mortgagor shall deliver written evidence of all suet iastirance to Morlgagee. ~.. _. 031097 12:48 If Mortgagor fails to obtain and keep in force aay required insurance or fans to pay the premiums oa sucb insurance, MoRgagee at its sole option may elect to do so. In the event of loss, Mortgagor shall give prompt notice to the insurer sect Mortgagce. Mortgagce at its option may elect to matte proof of loss if Mortgagor does not do so promptly, and to take any action it deems necessary to preserve Mortgagor's of Mortgagce's rights under any insurance policy. Subject to the rights of the herders of any prior mortgage, insurance proceeds shall be applied to restoration or repair of the Mortgaged Property or to reduction of the Obligation, as Mortgagee they determine in its sole discretion. Mortgagor hereby appoints Mortgagee and its sucee44sors and assigns as Mortgagor's attorney-in-fact to endorse Mortgagor's name to any draft or check which may be payable to Mortgagor in order to collect such insurance proceeds. Elghtb: Mortgagor hereby agrees to repay to Mortgagee on demand alt sums which Mortgagee has elected to pay under Paragraphs Fourth and Seventh and any costs which Mortgagee has incurred in taking actions permitted by Paragraph Sixth, and all such sums, as well as any amounts for which Mortgagor has agroed to indemnify Mortgagee. under Paragraph Sixth, shall, until repaid to Mortgagee, be, apart of the Obligation and bear interest at the highest ' rate permitted by law (but not exceeding the wntractual rate or rates of interest applicable to the Obligation by the terms of the Note). Ninth: Subject to the rights of the holders of any prior mortgage, Mortgagor hereby assigns to Mortgagee all prooeods of arty award in connection with any condemnation or other taking of the Mortgaged Property or any part thereof, or payment for onnveyanoe in lieu of condemnation. Tenth: If the Mortgaged Property or any portion thereof consists Of a unit in a aandvmiaiuaR or a ptannod snit development, Morlgagar shall perform all of Mortgagor's obligations under the declaration or covenants creating or governing the condominium or planned unit developpment, the bylaws, rules, and regulations of the condoaninittm or planned unit development, and related documents. If a condominium or planned unit development rider is executed by Mortgagor and recorded with this Mortgage, the covenants and agreements of such rider shall be incorporated herein as if the rider were a part hereof. F,kvrnth: In order to further secure Mortgagee in the event of default in the payment of the Obligation or in the performance by Mortgagor of any of the covenants, conditions, or agreements contained herein, Mortgagor hereby assigns and transfers to Mortgagee and its successors and assigns any and all leases on the Mortgaged Property or arty part wereot, now e~s3sting or which tray hereafter be made at arty time, together with any and all teats, issues, and proftts arising from the Mortgaged BOOK 13Ds PRG~ ~~ Qagc 2 of 5 Click here to unlock TaIIPDF.NET Generated by TatIPDF.NET lsvaluatian - ~ .. ,• J IIr286 nw.(9A{) I.G{~19111.D. E191 Property under said leases or otherwise. Mortgagee shall bane no obligation W perform or discharge any duty or liability under such leases, but shall have fall authorization to collect all rents under the leases or oWerwise, to rate possession of and tent the Mortgaged Property, and to take any action, including legal action, it deems necessary to preserve Mortgagor's or Mortgagee's rights under such leases. Mortgagor shall not collea any rent in advance of the date it is due. by appropriate legal pproceedings and sell the Mortgaged Property fir the collection of the Obllgatbn, together with coats of snit and as attorney's wmmitsion equal to the leaser of (a) 24~% of the amount due or SS00.00, whichever is greater, or (b) the maximom amount permitted by law. Mortgagor hereby forever waives anti releases all errors in the said proceedings, stay of exaattion, and the right of inquisition and extension of time of payment. Twelfth: In the event that (a) any warranty, covenant, or agreement contained herein is breached; (b) any representation or warranty contained herein or otherwise made by any Mortgagor in wnneaion with this Mortgage proves to be false or misleading; (c) arty default occurs under the terms of the Note or nay agreement cvidenting, securing, or otherwise executed and delivered by a~ Borrovuer or Mortgagor in connection with the Obligation; {d) any default oauts under the terms of any other mortgage or other instrument creating a lien on the Mortgaged Property; (e) a holder of any lien encumbering the Mortgaged Property or any portion thereof (whether such Gee is Junior or superior to the lien of this Mortgage) commences a foreclosure or any other proceeding to execute on such Gen; (f) any Mortgagor becomes insolvent or makes an assignment for the benefit of rneditors; or (g) any action, petition or other proceeding is filed or commenced ands any state or federal baNwptcy or insolvency law, by Mortgagor or anyone else, regaMing the assets of Mortgagor; that, in addition to exercising arty rights which Mortgagee may have under the terms of We Note or any agreement severing repayment of, or relating to, any portion of the Obligation or which are otherwise provided by law, Mortgagee may foreclose upon the Mortgaged Property ~~pt; The rights and remedies of Mortgagee provided herein, i4 the Note, or is any other agreement securing repayment of, or rehttiog to, any portion of the Obligation, or otherwise provided by law, shall be cumulative and may be ptusued singly, contatrrently, or successively at Mortgagee's sole disa+etion, and may be exercised as open as aetxssary; and the failure to etxrase any sash right or remedy shall in no event be wnatrued as a waiver or release of the same Fourteenth: The covenants, conditions and agreements contained herein shall bind the heirs, personal representatives, and sucxssors of Mortgagor, and the rights and privileges contained herein shall inure to the successors and assigns of Mortgagee. Fifteenth: This Mortgage shat be governed in a0 respells by the laws of Pennsylvania. If eery provision hereof shall for any reason be held iavaGd ar unenforceable, no other provision shall be affected thereby, and this Mortgage shat be wnstraed a's if the invalid or unenforceable provision had never bean part of it. Pace 3 of 5 . BOOKi3~PpCE Click here to unlock TaIIPDF.NET Generated by TaUPDF.NET Eva{uation dayend year first above ., ti + ^~ h. ~ CQ1~tOH9t611LTH OF PEl11ZSYLVJ-IiIA Conntyof Cumberland ~ ~~ 11th ~yof March 19 ,$~, before me petsonagy erne DAVID 8. FETTROW, SR D8130RAS L. FBTTROW II~RID IL FETTttOW (dwraa gad) , wbo, being duly frce My Commission lspinc ~ County of R 19 st the }~_ did sign the foregoing instrument, and that the same is th e i r whetcot, I have hereunto subscribed my name. in the Office of the Recorder in Mortgage Book Volume }~ ~ti~lltiir„ WGaeaa mry x 031097 ~in~jand for said County on the ~?~jt "~ -~+--- ,Page the day and year aforesaid. saoK 13~' Pay ~ Click here to unlock TaIIPDF.NET Generated by TaI1PDF.NET Evaluation • w' • • r 'FO MSLLON BANK, N. A. Recorder mail to MBLLON $ANIC N . A . P.O. BOX 149 PITTSBURGH, PA 15230-0149 A00689966 0611 00182 • . . lax parcel #: ,_~ • ~. LBGAL DESCRIPTION: ALL THAT CERTAIN PARCEL OF LAND IN PENN TOWNSHIP, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA AS MORE FULLY~~. DESCRIBED IN DEED BOOK 3-36 PAGE 1, IDS 31-~3-0112-017 BEING FCNC1y~-,;..:r~~ AND DESIGNATED AS METES AND BOUNDS PROPERTY. IL•2E6 Rev.(9AA) LG 9191 LD 70V95 03109712:48 .- ., • ,.; . e ~'' _ ,f aooK13fi9 racE 34~; ~ ~ _ Click here to unlock TaIIPQF.NET F~ DAVID S. gs~rxoyt, sx IIOGRID K FSTTROW (deceased ) laH80RAH L. T'ETTROW E.~-~g~T B 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 X2151 ss3_7000 158775 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP 1 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 PlaintiB' v. DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. 231 SOUTH SIDE DRNE NE'WVII.,LE, PA 17241 Defendants ~ ~ c__: v p " ~i~~ ~ v, iT? r em ` - u-- ` - ~~: ; :.. t-r~~ ATTORNEY FOR P~NTI ~ , jti ~ l -~- . 4 ^ 1•~J ~ ~ ~ ,~ -. ~ ~ A .. ~` COURT OF COMMON PLEAS CML DIVISION TERM NO. D'7- 5a98 Crvi ! ~rn~ CUMBERLAND COUNTY CIVII. ACTION -LAW COMPLAINT Ily MORTGAGE FORECLOSURE ATTORN~1 FILE C~~ ~! F~G~ ~zF~9~?.~! Fik #: 158775 PHELAN HALLINAN &SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 3222? FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 X2151 563-7000 1s877s U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff v. DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 1s8775 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 aze 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 Baz Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 158775 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 H: 158775 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 #: 158775 1. Plaintiffis U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE GBASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) aze: DEBORAH L. FETTROW DAVID S. FETTROW A/K!A DAVID S. FETTROW, JR. 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 who is/aze the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/11/1997 INGRID K. FETTROW, DEBORAH L. FETTROW, and DAVID S. FETTROW, SR. made, executed, and delivered a mortgage upon the premises hereinafter described to MELLON BANK, NATIONAL ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1369, Page: 337. 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 aze 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. S. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/1312007 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 aze collectible forthwith. File #: 158775 6. The following amounts are due on the mortgage: Principal Balance $21,217.66 Interest $1,054.68 02/13/2007 through 09/04/2007 (Per Diem $5.17) Attorney's Fees $1,250.00 Cumulative Late Charges $74.72 03/11/1997 to 09/04/2007 Cost of Suit and Title Search 550.00 Subtotal $24,147.06 Escrow Credit $0.00 Deficit $1,729.29 Subtotal 1 729.29 TOTAL $25,876.35 7 8 If the mortgage is reinstated prior to a Sheriff s 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. 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. File #: 158775 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. 10. Plaintiff hereby releases DAVID S. FETTROW and INGRID K. FETTROW from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $25,876.35, together with interest from 09/04/2007 at the rate of $5.17 per diem to the date of Judgment, and other costs and chazges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHEL HALLINAN & SCHMIEG, LLP By: rands S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File il: 158775 LEGAL DESCRIPTION ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road known as the Farm Road, a corner of land now or late of David Steigleman; thence by the center of said Road North 00 degrees 45 minutes West 245 feet to a stake on the northern side of the Peach Orchard Road on line of land now or late of Olmer Spence; thence by said land North 52 degrees 30 minutes East 150 feet to a point; thence recrossing the Peach Orchard Road and by land now or late of Thomas E. Meals South 8 degrees 30 minutes East 319 feet, more or less, to a point on line of land of Steigleman; thence by said land South 82 degrees 45 minutes West 165 feet to the place of BEGINNING. CONTAINING .96 acres more or less. 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241 File #: 158775 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 andlor 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 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. ~//~G.- Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: / ' 7 -- o ~- SIT C E~ CASE NO: 2007-05298 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS FETTROW DEBORAH L ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FETTROW DEBORAH L the DEFENDANT at 1918:00 HOURS, on the 21st day of September, 2007 at 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 by handing to DAVID S FETTROW, HUSBAND 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 Sworn and Subscibed to before me this of So Answers,:-°~ 18.0 0 .~~ -:.=-' ` ~~''`~' .,~-'~ 3 4 . 5 6 ~ .1~-~:~, . 00 ~~~~ 10.00 R. Thomas Kline .00 62.56 09/25/2007 PHELAN HALLINAN SCHMIEG By . ~~' day Deputy Sheriff A.D. CASE NO: 2007-05298 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS FETTROW DEBORAH L ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FETTROW DAVID S AKA DAVID S FETTROW JR the DEFENDANT at 1918:00 HOURS, on the 21st day of September, 2007 at 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 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 Sworn and Subscibed to before me this of So Answers: 6.00 .~ ` +' -r 10.00 R. Thomas Kline .00 16.00 09/25/2007 PHELAN HALLINAN SCHMIEG By: day Deput Sheriff , A.D. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62245 Attorney !or Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 dOFIN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 i?~~Z 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007- RPl 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 ~, , '\ 'l b..q ~ u'. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5298-CIVIL TERM Plaintiff, v. DAVID S. FETTROW A!K!A DAVID S. '~~" ` ~ f ~' ~'~ ~^~ . a~.n ,,~,~:- FETTROW, JR. ° r='~ E a ~' ~ c ~.~..' 231 SOUTH SIDE DRIVE '" ~ ` ~~ `i~~ NEWVILLE, PA 17241 DEBORAH L. FETTROW ,~~'K ~'i~'aa~`~ ~'~ ~~~~ 231 SOUTH SIDE DRIVE ~~~~ NEWVILLE, PA 17241 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 DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. and DEBORAH L. FETTROW, Defendan#(s) for failure to file an Answer to Plaintifl?s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: A~~~Y ALE CtiRY As set forth in Complaint ~'"`~ ~~SE ~'~~~ $ 25,876.35 Interest from 09/05/07 to 11/19/07 $ 392.92 TOTAL $ 2b,269.27 t I hereby certify that (1) the addresses of the (2) that notice has been given in accordance with F PLEASE R~URN i ntiff and Defendant(s) are as shown above, and 237.1, spy att~c)~ed. ~ ~ G. SCH1ViI1rG, ES for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _ j~~ - R PROTHY ~g 158775 EXHIBIT ~E TaxDB Result Details Detailed Results for Parcel j 1-1 ~-U l 1 L-U 1 / . 11 DistrictNo 31 Parcel ID 31-13-0112-017. MapSuffix HouseNo 231 Direction Street SOUTH SIDE DRIVE Ownerl FETTROW, DAVID S SR ET AL C/O PropType RT PropDesc LivArea 804 CurLandVal 34000 CurImpVal 4030 CurTotVal 38030 CurPrefVal Acreage .96 CIGrnStat TaxEx 1 SaleAmt 1 SaleMo 03 SaleDa 04 SaleCe 20 SaleYr 02 DeedBkPage 00250-03130 YearBlt 1973 HF File Date HF_Approval_Status 1 the 2004 Tax Assessment Database Page 1 of 1 http://taxdb.ccpa.net/details.asp?id=31-13-0112-017.&dbselect=l 9/13/2007 E~IgIT ~ R y...,,_.~: .., . r~. ir: ,. , .. •~ . :. , ' CMI~EM1'.: AppHgpYY srler. ~nenrere::.._ . .. .. asp- __- ti, :•yr.•c • A+eMrw~rw~rwMr./wrrr+~lYairrF'~rww~+~drr~ps.~rWN f ' y':.;".i: rlr .. IrArariwewMYMr+M~r~roaal~rraMri/awMM MMMMe~l . . ~1- ~ , 7 • . 'hY 1YriM ~1rMYwMlwrMfMNMM//iM~•~rYY/nrA1h ',.' ,':.': ~` 11Frrlr/~iwr~~r~r MMrw~Ird rrNr/rl~s~rrror/~Iwrrsr~• :`~,~~ ~'::',~-; ~~ ~ nrip MhMrarMEeer.rir rrrr~tyMi+IMWlrirrwMaerh~riarrYdrr '.. •~ -~.r : •''~ :s,;,, .: „~ ••.. •+': ... .... .. .. , '••~Irn/McN~w~~Mre~erirw~rih/Ywr+rrY/rlw+MrlrwGAlM~i :, :.. .';'•~., •~c'y s..~i ,^ • er~~M~+rrl°N~rw~MMir~!'M'MrMM~rYwrra ,. :',. ~.. a.~'+~~;vi • • 11rr~Wr+afMMMM~WrYirwrAM+~rr~wMl~lri~rwt SYir+rYM~wlfb~: . ; ".;` F~. ~'{~i ", :'7 .. 5::~ ~ ; . . ,. srr~/Mfr~r~yr+lM~Mb/rYw...:,1.:..; .. •.. r ... ... M M :~~1 ' +: r ~ : ~::; ~ ~.. ~ ~YR~ M .~'~M'~/rfYrllrrirr/NMr~A/MwlMrrypriwl:IlrrYlrM. ~ ~ • 1YMr Y M : ~:?i ~ 9 _ ,; •. p~•:~:. . •• . , :. .. S iy wrrrrWw n+rw'Mwr~r~es+Jw~r'IwrrM~ y ~ i:: :": AIw~I~/.M7~Mr/MMrYwwriyriYrA tla '..{ . X; y+ <::.. , .wrww4ayweaerrea . ,,.~, '' ~ 1wdrNM~~~~r~R~i~rYM M~a~Mr ~' '=s~ ' 'j o~ ' r;.a:c ` ' rrrw..~..~rr/r.i..,.w..,,~.r«+.q.~....Y.«rr...r.+«..~F;. : .. .: ,•, • :` Tl :~ '•` ' ~:7':"• ` ! '~'. r •. ' , . ..•:.. ~ : ,. ..:. ~:• : IMrd-rrsMMf~Mrr~7lri;,~s ...... . ; , ,.iti , :L'`:':: ~:=fit ~~'~=~::."•;~. . ~ ~a+ir~lfw~Pbiriwr~AwlMe~-i~~~r ~~~ ~ ~ ~ ;''"^"~';A ~~- ~r~ ~ AYr bi1~ ' F: . . r -+••,•~ ~' +y~jp/w+wM 1WuM1~Nrrii/ • ••Paiiiar~w7rMrraaila~IhrwMdrriwtaewr~r arlMrrwUw~rrawr•~wr+rrYnM~er ~1.. l -i . !ii.~'.+ r.•.... ": ~ ~..,7'. ~ ~~.. ~r r w .. ~r~.rYirY~.r+rer '^Uerwrlr'sV7rMM~w~IrrrMM~M/~:/Iw:~rlrrvY7r~sM/w~,. . _ ':~:~ +~ «h /:': ' ~!wlk .' ...,~~•,'i~;::: ;:=;~ .. .-,•.'.: aYaasMe '~psr wre//e-''A'eiMr ; • +OirlaM~eMrrieM%IY~rrYeYilalrerd I'R ,Ii+^~~,= 1 ' ••id+Maeer/wyaayereieArfrrYraMaaeL .. •::+~ .a. ~ _ .. 1~Y.MriMir'~I~Mr~'yMiIM/V~~IMflr+Nw•iwWrMr7MY:. . . '~~' •~• ,' A~Aw~rMM~w~r~jw'M~r~NylwrC~,~rww~+rMrorMwMNr'M`, •; ':~`• • • , r~r«.WIYYMMA~r~1rYNN/r~~ •, • • . ~ :i,:•:. .,. ,. •,. : ~ • ,,r~reiMYM rw~wiirrM%Mrq~YM-.Mirerr7r~+ir~.+Nr~wr~..rWw/.;•' L ' ' • <':iy:V {. : ~•:: ,: " ~ "• ` •'' •!.!:.. t,2;••. •, ,•'.,, ~.': ' ., :.'. ..:.. • '. . . .~ . rNlR~lrwr~r.sEwwdMM+lr~t~/rMr~ rro+wwr +MM ~ '~ M•rrer%Yi%aeF~~+~IMea'rasa~serrn...~. .. .. ~ ; .,. :'•~~:.: }: :~. eeperpreaerwrwF+;~.+s ~'~.;'~... ;?•,;:•• ••.• .. .. ••, .. ~ ,. yyt~ ~ ~w ~ "•;` .•. /~rr~r~~Y~~Mtl~~YA:.~1r ~MMI:Mf• ' I C. ~)•,'" " ~ ' ' - ,• rderri/reiia{.anrar~iwMiar!t~. ;~' ~. '~' '' .' ~ ~~:r•''~~ ~ ~ .. ; .~ . .,.. .. .. ~• tthN+rw•Ma~rr~rrYiM~a~:.~a!Yr:w~r.hriwN4s~+rM~'Mw~ erawrwwwrrewe~a~wYwaM ~ w w~rw+•r~r + ~ ai~ ~ ~ ^" •.i.•:. ': f .;~,~~r~ ',iY i5.'•"5.:v;..?i :'.. ~:< e+ w `• r .r r .:raatarr.+aw~a!+r FrYr/Yesrerne, ~. • ~~ af7i A~... _ ~`z•° ... .. .. ,. ... .. iprv/wrflMRrwMilirA~Mhis+~~wr~MrrrrWfv rwrN~wvwit `~;n ~ Pr : ~ .. ~ , J .• rr.ro.rrvw~.irawwaratir•ar ~.rRiff+T. ~'.a'1_.~7::. °: a}•~ a: t,. :~ . ,t . v:: •'r. ^~Q` r .L~tir~.h'•~'i. .. -. ."..1~'~. .. .. .. .._ .. .. ._ -.._... -'•:'~''~~x.`i..:• .. ..._ _....<.. ... _.- s 4.-._nt"m3= '. ~:.~ ;~^'~.: ~l•:r:'•' .. ' :i.; ~ , ="YS • . ~~ Y' :Ir ' , ' .. 'pf~Iro]i0i fAARRRYM~LR lee saW Aob.Ek /~ sYm ~ lwAb ~~ Yr~ b • rYrilly .d . . gee...s~+ran«.rrren~trrr.rrsrrrwr~wxed«isv++rW7•rr~~"Me'r~nt ',:: ;.': arewi~ala~.r er tlMw~ly~pr'yyr,ipprtFrafrlfirkrrr~wrrrd~.r rete • alrlp.l rati aar rr ~wi~rrr e.. riWrrerrt rrr. "' --rrrMF (Ll iq.raNrM •e ~f ~:-•.; '':, . rrr~R(A eA ~rM w+eDYGw+r..Yawree.l.wF r+irrrrMP•rer er..rtw rs.s. .' . ' .. ~•fJlaasrr4i.~+be9i fr rYreirsaM OrMCMT/e1~YrW rt.wfraOMY.ibYrs .. . wrrnr.ffwod anrrerrra:eoxw6)-.rk~gr~rr w.o:..lanMaral~.~~+rr, ~i~ fb.. , r ;,~•' ~. 1:5~ ... ... ~ i (:'yti i~' .. ... -r... ;.• r. ,;, .. . •t.•: •+~i.~ ,~~.. ~;':. ;. •:~.irv~.`iii,".=~`4,;:;:3.,ra,x%u na,~.:.~,,.Y x``i7"'„J ,. ~•:: DraYxaelgTrual:tr. r^r w~rr ww.wY ^ ~r rwrr e~r~ r ^ .w.ndiw ..~ . ~. . q^^rrp^rV~/r{br.rw:ier.firal^+YMawrrM. a<r+d7VirY. ~M^M7~. ^rr~r~ww^srr~brre+a^rraegrrrerwn.rrrrw..rrwr.r^srw^ •' ..':•,f rrflM Oin ~r b}rm^l~l~+rFw rllrrlgr^YYr^a'tlrr •MYR t1)Ii~w wi rdrwryolrl~:• , .:; . , ^rirsY; dl MiN /wn wwll rfwwiw.d.bir4 YM rOr:R r frYa MwrMn M..Y ralrwt :•, = ~':.>' d1 r Mr.YY N^ Y NwW M rlwrr Y ~. Ta w~C gl/~^rr r rW M a1w {~.r a ws.+r.. ., , . ~ rf^r.rAR^.rw^~^^^.waM+kwrrc^yd-rwrerrrr^rrwrwtwMirYirNV ~ ~:; ` 1^Y^d rr arAreYd b4~wowarR^+r^iw Warrwwl ~rwr 4.'7~rr:rsMlllcf^IR' j . . ~.::~:. } . •Ayr^..rrre w.~Fr^r Mt rrrWNrJrwrhs frw~~r J.arerrr.lr^Njw4n+..., ~ w^ar~ry rrl^r^ar wAOirwr^~pflyrin.t^rw dr^/~wwlr i^^r^iw rw aw . . • } , w r^qy riilb.Ir. r ~Mry^ m^r Mr•r Wwy~p a~ wwrb~a Sp1%w w^M^ 6.er •? . ^' ' Mlrrr~ w k rW r r ^^ao^+11^ fnrwv b a~d.r b o~ rw dfrat y ^ mi! ~;" . .: ;•= ;: rir^~i Isd^r wr r w.r.ry M~w.M a a ~~ w.rw.. ~Y ^br^^w rr+r r: wr.r •• d _ . ' ~ r ^ rr~rlN Mr M{r wK { M f~~ r r+rrlu M^ Yr UOr a.r .f ~ rjrwriY~ ,~; .~ .Or^^rww.^~rr.~riwbM~rrrrurr rrrwM~d•j.~p.ea.,• : ,; :r ' • ;£ $TATOPLO~gi'1Di0001~'DRIO.~YiA%BAP~tA1~'SCERYlF7CA'f10P1. • ~OOML~CrfASPL1lIg7inao~'hfflolQh TM ~rww'.r~ie.io^!^rp^tYM6swfrlMYeq~rr , •r~rrrtMM..yw^Iwiiw 1. ~Irrwrsw^wMrrwmM^Fr^+rsr.~eW^rrrargowx~.tlrp.p~Yr~sn^rdw,,•• "; me ^Ye r L Tb w^^lur rw^w M^1 k d^Y i^ /W W ~ M ~S Mo w ^rrr ~ qi~ . rrMlMr.hrr.4r.AKWrrr:rrrM~rrwT.+le^ia^r} ' ; 7 x 7Mi Ap^r llr^wrMl^A^-L4iar~~^w^rrr ~r^Mrs4wrrJrrw..rr .. •.rrNrsrw7gw.^I~ww~+t^,rd.rrrrrwriMirA•~•~wyrtrr..ie~e• . ",'.A a..:~'.~ ^J~Mwwr~.flri4r. !. n..~.,.rs.~w~.rrrrwwww.r~r~r~ba.rdwir+ww~4+rrwr ' .. ~~~ . WrrrrrwwMwillrwM/NitMMwllMwrNMiwrrtrs~dritwwr/Y*JO~lyd/•• ' • • .:': , R/KrtrMAS~^1^a.lt~Yiwrlrw~acMwMrrirr~rrlM^,~yi1~M/^~~ww^I~K ' •~~~ . . 4 AwrrrF7wNwr~w7wwrirwrd~~wr4e.rMr,~^wl{rTrry+ra: ':; ..4:: ';;. ; ~,, , .~i+yritrrir.~rrrrwww.wwMf.+wt•~ - , • S. 1M r~wrlr~irrtre~iedYWrrrw#rwM~Ir~rulMrwr/Isi~r~ir~':.: •.~. ~i srrGwr~iMr-+^I.o.7Yre~yrwN^^rrlrldw/i~+rrrr^swrwsMwr}~rrrr •; •'.::•.:' , w'~M~rrr/wrrrlti4wwwL .. ,.;Y~. _ Y. frw1.+M..wGrrvririij~wr-.wt.:isn^o:.a^.wr•w.+i':w4~+ri.H..rr'.• : •., ~: 1or^~.w,^.a^.a^wr4wr^r^rrr~rrrs.wr.tArryrp~rlro^w^1^o.rr..~ ' ~.,• .E~ • rw!«{~~r~~rr~~rM~rY~[w~LIA~1~1l~re~^[ir~Yr~rrr :. .`.'.~'~i:i . -• r^rarr.orsMwww~rowdwrrltil.+r~.rrrrwwr~.iiw~r+^~r.wMry.-t.:'..a,•; . M~^^~^(rAwrb:.7r~wirMpr+M*rrrr^fraowsoa~fi.wMrrrwfwr~;. ;;;;•;: r~./~vwM~Ir1~K {r. MpW/^7^~rrWir~w.~'~d r~ir ~ir/rww^i^^~r~~•,.,':' . s, lf.~ee.M.rrrerr:iw.a:.r^ur.wewMkew+....+re~reesw+N^~wrrwr . ~k~aY^r^irrrrriMrMieYwMr•Va.~rr.7la riwla.^w.r~rerprrWO"-•:~.:.;: . L.meso^^q^(w^Y r^w Maw.MlYd.lk~ir~ . ~. ~ 1. 7~^~r.111^~IAArw oriaU+•.fCe ypi^^4earegis p..iil berme Uilow fl^.Irird:'~~;!vS,~ !. 7~:w^Yw4b.r•iirY~yy^WY ~rrao~rrrawrrM.l.r.~rW mar wyrrrG^~ry ;' ~ ': ~':: ' ^^.rMM^. ~ w• rd.^~ r re wr~r^ mr rap1:..1f r. ;w..urr .~x r ^r..r .. , •, .wasr^w..^. fnirw~rwrr~w.~irM^wli:'r+••rrarrrwierl~wrx.+~rrMriw~i.l+w~•:;'~.':+~ armrMlF~iT+F.Mi~^rrir~MMwww~.Iw,reyNirV.iMlwarTlrW .'• :::,. b~~~ r~~frrrr~lr/wY^Wf^Yrrtirrr•AwFfls~+rrwrlr~ .. ; n.~^ w P r.nrrr ^^r r.~c r ~yye rrr. ^a^^Ir~rc : ' ~, • ;•. fa~eMw/.~^1.1 rr+~rr .y err r Drro- Mrww f.d :r++.c r w Y7^~~.~M^as' . rrriwra^y1r.t11r1lrrrry:areraeOY^N.fdM.Ysw+Rrsrr^~rwrwrra.. ' rww+~M.~ rrr.a drrr^ ryLrr^Mn~rr wq.r:y p.ryq.rri w.f^/ r^rW r •. ' • .~ • !~ .~i/^ wr w~Mw wrw~L 16rwpwM^ wins rrr r ~~ ~.4. r ^M^rd Mtw M+p}a1d_ • .: ~; .rwa.^.^~e/rprptrre~rlrsmYai!w4~tiYr^daY^a+wasdtir~frei-• .' . • ..., •. ; . ;•.,~..;, ~.r,rN~r.ww r.^..rrr^w..r~r^.w~^rpowr .r.rtirb.+rr ~+r l`•. ~~.~tr. '.i `; . ;/• .,. .., .; , i. • ~' '• ,,. ~ ,. ~• ::aFi'yj!~. .. :'.: '' ~. AM~.~iRCa[fV1CA?b!k •TSe A/p.'reeY'6r n^ . •~~f: '.t: yr bi . . 'tit ,,. ., '.' '.: .' .. ;;~ i ._ •.~..[r. wr...fdr rYe rr^r Y^r a.red..~re^fMnr ra.r rr.f ~`~~' wrr,M,rrir ~iMw~w:.r.r~rrrrrw.+s+r~t..rswenrr.~wa.~•r}ra.. ~,.>, ... ,,.,.. ~• :y:r . ~'_~v •'I~,..r- :. r'"; <:r .lg• ~i¢~s '`46.•:. _. L:~, ~:r? .. ' ~ • . .. ;:. may,, ,7.iY;l~' ~ ~ ' , ,;i .y~ ~~ • ' ' +~':.T•~" • 7f.A~irmiieWap~e+~ ~ .. ' ALAIS6RiC6RflifCAT101~ ~.: .. ,.. . ~wHiM~7 • ~ .,',;w 1 ~ r i ~~ M.. a~ t~tt~~+r+Il~Yw1M.~~r }rpr}rlwJ swYdww l jrMrs ~ • . y,; ,•; Mw ~wtwrrNlW~ /[arrYl ~llib/~w Nlrt{~ar/rtMt~ Kl q~MelrlYltf~wrw~. J : r t 5 " i ..; : ., wrrsr+~rr~a..rywrrrr.r~+x~rr~Flrw..r~w~..+y+rrrwMw ::,, . +I i • . ! ,, : e: .. .r..Irr.wr..tM....w+rrr.ro~rrs.w.w.~.w+Ieeww.Id.:rr.ar Yr~Mrt~lliA.wr.kll~frr~yrrrirYnoliAr~y~trlMrlrrdl4wlMttW~.. ,, .. ry~ '. ' r • ~x~ ' . L~ IW~+rtiwiYrirl~e 6aln ~lsM'RI'7~+~J.e~~t/Iwltl.w.t>1ierYri~(~r~ rww«r...rrr.r«.~.~rR~+t : ~wl .l r y . ;:.; :r•.: _ ~., ~..rr.. .r r .w.~ryw.r+wr~• ~+4r+eMU(*R~+'~~h•Iwttrrrs n/11fw~wsttr.ypYWAwlrrMrMllrrr. . ~'~ • ~ ~~ ' x iMr/rrewnrwrl.yrisw.r+w+.:r~rr.rrw~4w~+~+irewMtr~.w/..eA~.. ~ %~•~~ ` ;. •~ , ~ sAhrwrgMMIwMIR°i"i~t+rl~+~/~YrAriiwFdi.rr. . '~:r..,;:• , Srrl r+r•d•-i+rr~irer/e~rrrirwMY+r~sw~o~I..~lti.a.r/rsw.; .':•.;~ a, It+rr w rrt+ ~' ' wM ~.:'~• ' •~- ~ w . / 1~t}wwi/rwwwwr w~-Iti+rr/wI*~wrrr+MlYSr lirR ~ri± •rrlYlywwww~r~irMwrrre.rwrarrrrMWlw~rrr~siMMC!Ay.~W-:•~:~:•;,: , ~YiIIFIrIM~w^ir/rij~U~rrr ~.trr^rwrAM+~/r Mrs'w,i Y.~ :.:'.-; ;. „';tij'i ~;', 1 ttwrlw/r~rrrrrirli~wrw~wrswyr PrPw.rir.r~rMV aeiiw fwrs.7bri~;•:;. x• ':t' • ~rgww/ww~rir~Wiryrr7pY/Lw~yrt.-My/r1WwIsA/s/y~.,..r,; ~ .' ~ ' J • ~ ~ ~ ;.mot •1. IwrMIrI11r/r~~ri*r1~~dwt~rNwMrGairiifrnr+eirr/~~Ai~r'~j;;;. '/.i:• ; ' : ~., . ' ~ ' .WM~M/atarlrw/..f.ri.MSr~~.~rfs..l~~rMrr~I~wYt~r.r ,;;';:y; ' , • . d:: ~.... ~•:::,'% •. rwrr'+t..rr.~+..wr.~+y+rrtwt~r~isrrr~rrrrw.rerrrlw++~ X4~>.'•:.'. ' w~rTW~lrw•Mi~awrlisgii4rr~s/r#w.I~7r7[rrw~rs•.'. .: .. .• • • a... + a:~.,..;:. ~ . . .. .. 7..1/~~~~wldrYad~wyt.M~eilr7~f~wdt~wri+rAlrwill~~r~srrr.:^::.•::i. '~';'•..> ~ ~/y/W/~flJr /tit~M~tiWt/YN-+/~rrlwwL/IMIrIIr;•: ...:?r. • ~I/IR~/mow w111I~M~iri~t~r~ilrKfr~ri~.llMit1~lMfr,w4• µ. ,._ ~~-; '.~ I~+Mlyrsar~~rd~w~idlnMleM~.rr~..~.~wMwk~~rrl.ieMM^/.,.•';'; " ::• ;...'.. . ;i..., • ;: ..MtNrt,./rr~irril.lrawtrrrwrw++~lrwwt~rry~Iw~tswr.tl6 Y...: .. .. •': •. . /rr4llMli~r'~/r~rftl~/IrrR1~~~~0iYl.. .. y°; ~,' ''•` ~l'~ ~~s ^;• ~:.tiw~...Iy:+IMw+iii:iirri•.Iiw:fflt-'n+irrr+i+i aitM U~dilrl w~Ilf~.•;=z.~..`~ ' ... . • •<<y 'irrsr~rMrbrswrli~M MIK•IrMrarll'VIiw1MF/rl'~rrlwiMr~Yir~r~filM:r~, • • ' ;~~, rr~M~r~.r.r++r,..y.rarwwr.MYM~.I~.rrrr~rr~rMl+wwtvM~.. MYiIwr.R drfre rY ~I~rssfi Mw dtww ~rihribwh~Flr~Are.~IwtrtY'•; .~,} " ..~:~, ~ '•, '~/tsll:Mrireriroiwrr~r.llw~+l.rrura~w:iM.i.aQrY~sa~~. .~:;;tA: _ .rarllrlrr./~urr.wLr..;. .•.. •.'.i~.' ";' .`.• :,, ;.,r...r l ~ .; :''. {~i•'.'•':1~.;: ~•~'.. :' y: n( , ~':•;~"/ ,;' .' ' ~ w../ /.Rrr~~iriigiiirl..rre.r.rrrr+.wsw~4rti'rw:~~I~•Yt;.;:; :.,. ' ~ ' , . .' ;i fIMr~Ir~lriYrrirryrA'+tM/r11MM~iYM1b'~Ir~Ir~IYM/~~;'~; ' ,~;~c.';, ~ " nrs~A+eM11r+i.~l..fawrsaritll~wrMir.r~r^.r~r~+i+rr/.i.Mbr,..:.>':~ ;" ' ~ 'r . ft.". •: , • k rrwwwli+rrrr~rrr~il!.w~Ll«»A/4ugr~tY.Irw.rer~r~Iwwr6+wMw~;! " ` , ~: , :: ~ , : ;~ '~':, t~ww:4/YfW MrewwIY~IY~btr7Pr~Mrl~r~rJw.ifwrrrMr/Ariir~Ynr ' , , ~:~C:•: ,.. '.~ps~~M!USI~~Irw~ssLKyfie~, ' ~. .. , .. ' 9 R '~~ ~:.~•.! ,~. :~ .•~'A~-~AYM'/'1C~1~A7t :; 0 •K~,MrYrryMl~r•~tritlMS~Mrii~~A wiltt~r/ylr rstt°'wA/+~lrs le ~IWrwrrr:i i.7lriYiOr~ ~~ ~ -•• . • .~ >' wr~r; , • . I~q yd ~ Its M~~ ~ OYlLIiilY ~ r ~ •I'r,r Y11srM r! TM~~ ~ . ~ ~ , .,, '~•.rSs :.~i ++rlr/4bY7rt~e.wl~rr+i lMe~wNMl ~-ie 7pYV1MM~~,"Y~;'.' ' :'7~F t .' ~ ~ .•t gvbY`• ; ~~•: ' .. . ~ APO~[ss otl/ROrLtTY MIrAOI~~' ?]I ~L:wCMt(~I; I~r.Y~.tN 1/91r I ~ ~ ° ~ ~° ~ • ~ . ' ~ '• ~ ~ • ~ ri7savlso~irnrrwKK ~.~'rrrlra 4`, 1 y Z ,, .~ _ .rr~.-~ yes .~,F K ' , . r. ~. ~~.~. '.. Tl^y';'r "~:': ' 10MYI ai wR 71wYF OYl~dYi OW Sys - _- . S%:C' ~• Syr~INiNgE !ISfO/Igb .•11~iWIk~YnE - . • :.: •, rAret:awr4 --- grLreLisrt - ]r~ I~ Idr . ~'=' ` ' .. F.pnr~yM wlrrle .-[~02! ~.~.. CrafGwiwlwrl+,e ' : ^, _J w •' , , .. : , :.:• R~~Sr~MM ~Yti.11M~tY/f1r•~~M~~r/~IY~MWrM~MiiD _ 9~~YIIr+wY~F i:: ,1.C ..::. ;,,a .. •~!'". . V:. y ~,pr~~n ~.~,:;5+~'~ ,? 7t,:~::. ~~CiCMA00fIpIM~.; . • wr ~~j~'.;::,;,%, "'+'r ':•!%'j•: , ~...~r: _ se~r~rs ~r~. rrr~ rwr~s.ruaa iwrrkmrmr • ss~ .:iY`:t•~ .f1R~•~1:':irl. j.:',. :yl.~!.• ;%:""~ia ~•:1 / 1 { :.l:.`" "•~• A ~, '~ `:~i. ,. ; .•..:... .. . ~ .,.l1~1GM~o~NM-....'~' ~ war..''; - . . ... :~ K: '.". ... • ~ . rib LL ". ... ~~"• .. . . .. •. ... ~'•f-•^w:.. ,~•,~ ~ Ixxwali! Slir/I>•* ~~ OIIR • _,` ~ . • ~i~ i'~' ;'~4~~ ~~' g - ~ AL~.~I,w!/l~~A~SO~ i ~ r~i911Ye~leL RtY1q~.~~-~ ., ~, Cry '. r(. - .. 11 •M.•'~', J .. ~'~ .. ~ ' ., . `. . irt • . t .r . , I_~"ice---ri. ~ ~~ ~~~.. _~ ~~ ..ice ~ •.: ~ ' '. £• ~~ ..: .. I „.'a• ^ ., 5.. ~ a I I we[, ~ _,I • °i ~f 3x .•i7 : •. '•4. ' ,•~.3't5..;:,J.?yak<;,.. ., ,;.,n;,•";;~t,,, :'f t.~' ..' ... , ~: " ' '~^ ~.: ~ : ',' •~"~ ma +~ • • ~ . . : f.~' " • ~• ~ ~ ~ • . ; ' • . ; . . y, .:c .. :' tc-:.~.:' ;.`:l:f.:,: "~ :'a'i'r:>(` , . ; •; , .: ;.. . ; .,:.~..,, a' , ~• ,: .. . . x.,;?.: e ' " ' ~ " r ~~ rWr~irlrrwr•rr.r~.~.++rt-wr+M .'., : r~f.i': '- '. ~ = ~~ :, :~ ~";:~ "r t.....~`Iar:_k..aa ...... _.... .,,a.,_-..,.. ...:.. ..~tt,...__. W:~~~;_.. .._.,...t. .`•.'r ~. _:'~'1,~... _.._ -'~>e.+ ....._.'~]?=L • ,:,,,~Y"+`"~i'.Y::';a' v~",Rn,~"'~. '. .a ~;~~y"••s; ~v, ei!•: frwt..lyf~.,r" +'~~' .,•r;..M; ~ Y` f.~~ .. ^•.';• -'~Yl~s-' .• toCAT10NAlYAnO®JW1M1 n. rte: 'Y h' . ~:: w+'.~.- Eric`r~"Z~-x~_•iiza.FFi~!iirn--Ti_wTw,_i.~_ A.huen ... . '!. r . t :c . t' w'~ '. ">.J /I da, r ~.f~):'. _._°i/f ~~~: •: K trVl ~~.~'~'Y k 5:. :~•'~:. .~.i9~•.^_~}•:.~.~. ~.,Iyp~~f..: •t.R~i~i~i~f','-~•f..i~!.~1:~S.J!~7Ti ~,A Li^ ... •7r %, ' ~~ •.• .• z 'c •, ~y,,Y .. ,1}'ct:':?". LQC~11pM~1AM/11106A~1tl ~ tM.r.~7!afY~r,+,+ i::, ~:+re : ~er.""r;.r"„~i~~x~sr_,,.r-w.~ re`sT'-iM.iv!rM~~>arr_+~9_lri.r.~~; ~7" l r ~,%:4,ii : r!i^ ,•r^• },s i L-' rI ~ ~: ~~,Fr~~~i,%:' y s~ ~ '/,~, y - ~.Y t ,~,~ i 1 i +R. ~. ~ 4 , ~ h y~~. '% / :~ z-..~~ ~x~.~{t;} i.. !,'.1, ;.... rfw ~,7i'~'d ' ~',s.s[ailid ~ G' r~ir/rT' .lu`: • ~-~' ~,..r^ t, .._~j.:::f~;~;r'.; -y.~a'~Qd~, ~ y 5.•17.. ~~~"~ rf'~+ It%'`~~~ ~'~ P.~ H tl'M 1.11 ~ •Y ~• i \ ~~ 1 ~. ~ ~ `}~' a~/•~ ` l' ~N• Ci ,?:~~~}' 1 ;~;'"• ~ '•`~~ .i 'n ii•t i ~,,ry~ ~ r•T ./••~`~sY•1 %T~t , .•r,.s. 1''• ~ t'~; '(~."-GL ~;:~:;.'.: sAlf~.id~i~lr •; I.,Yf.;w.r*~;~ ~tyo~!••~.~ ~.{,/~ e tp .:'R .t ,~,~ ~5 _ ~~ : ~"ti.'" •~'tY>:k•j~; ,!! •t/ {' /~~.:~C'. , ~„~ .1~~.,~ f~~y v •+..,.;~.1 • ~ ,r.yAlrrlN, ,:r•,, ~ \~,- •'i.•'/'} i•~..., •~ . i- lt:,v ~ t~„~; I••° I ire <'r~i„r:•• ''~L f-•.• ' i'•. ~;~'~.. _,i :!.!•'i,f,~` ~~~WnE_ _ .r^try'•-I .. ., - ~,~r ,J-. •,. /:•- :, y: ICS ~ / ;.. ~.• ,.tK, , '~•-fir (. ~ ~~~' ',r~t- l •..tj ~. 1 S. '-t '~ 117 M~1: 4~ ..•,~~11 ~~`µ~=aJr 1, i•. .~..:;, r„r y~.~~ +,~~..~+.::%jt~•' t~.4f:~}~~+iSY:At17F~,~~~~,'f%/, y~-~*'~`~ '' ~':^„~,.' ~ ~ ~;,~~• , Ak,•~ ~~ 1, *~ ray-,'.`'j. ,,~ 7 ~ ~• , r"~L.!~~ Y~~~~'~~,1 ~~' `~~~- :~'' , r .::'~ R.• _. L-•: ~ • a• "~« ! : . Yid'' ~s Li''~: ;.,. ,.~•- ->. L.~ of •~ • \~~'• ~Y~ ~•. •. i,~,y, :%:~;~ /'..~~ ~ rr ;l' to }'-• •.. X~•'. ti:: ~~ •-f~'r: f~ "r:f :'~~ t~i''+i ~'.rp: .•f,•• ~Fir'r.i ~~Y ~ • .~~"''~~;.. M a'~• i i. -1'°p-~ 4.•~• - ~ t ,j'„~,•.. •,y,~?E.` ',F ~ ri-Y • u Sir ~sta'!~'r°aCra• Y' 't~ ~ t ~..r~~ '~!' `~;•~ ~ _'..$•:r~w_ _:...:r:L•:•vs'.1-S.~I`I•~ !.'f'.il• ~ ..`~1'r .7:t_ _?-_ •ri~+~f..•1'.'~i'~:::f?•; _.. •:1'.' 't4_ir -i..u: ,yF1.F - - 'ra:,r•.tr K~~' `"!ti•r: `~^ -, -. ~i;-•;:...: `:rt may: .•v ~:.~: ;.'~~,~•,`•.''•~°_ ~•; ,. %r;E f4?'-Ir,,,,ar:4i,; :n: eti,•,~'.i.: ~'Y.. .'f~. iai•°'•.`:i5'.:: ~ ~?` YwrVis aN fraw M.rPrrw<r ___oA -9?... .F ; . • _ 'i 5~' ~Y 9n4• ~'.Y•~ 1~rw. 3 Y= . t•~n. ,. ... ~L. . .. . • •~i,+• .. . .. ~!' •' •P'=` ;U? si ,;ca:^'~z.:'-';;C;'j:?~rn:y~ ~ ,T.3::r; -,r:~.s:~.,~,'~:!' :: ~.' ,:sg.. -..,~ :.~„ u?: _ ~a~ ~,4::,, • .. .'l~TM CO~RyRjOR11TI011",Ot.''~RxG1; . •E~~ ;:~ MyffYiO~ ?.!l6YWw'~ :.. .. A~.WVAif :::116iL01'•i .'.'?~ •~• a~'•::"`:'s~-sr~z~o:: ;. '. ~ .. sa~~:•:~•i'czzald6s~:~.,,. u:'•2 •~o~i w-anc ~ccr~ au'sso af~~:.::6#l466::•.~ ,;~ :~.i:;,~,< : psrrf~aCll,r~-,1s2s9; . .... . , r~o~saoo-=~9n-zsaz;r ~;~^='''' - ... ~ oxasa~.•a~-ra: 'ax/is%lsa~„ `-sp~':s1vlRCiti 02/19/1997 •• s9YaCTIVlS~pxTS_.-02%14/1997;%; •.• • • ~; ~ COSTOlIZR IIiPdRltA~'ION' `~iai~s:~~°=.•~.:~.:nu-v~ca s.:;•.rxsritoWr, sR... •.. 's~rS~-,>:..: `~ .•'. •;:'.DEDORAI['L.' l6TTROi1 •']1DDJt#SSi':231.,sO0i8'SIDB DR3t-E .. .. r,.:', •r•;., " • ~: y ;;''MEfNILLL:~•~P71'.. •17241• .. ':..:r: .... .. ;'; .: • ~.. 3C,2?IILITl:';.PiMM:;T0i1M8iJYP.• s,• .:,C~~~: ~~rs~~11Y10:`f=.':~15'1R'Rpfi~~3~ ~•j~•'IMYik" ID%X:'~T,•~'~ROf/-).~D: ~0#71~:~L:'!b~"~~M+".'•,.:.;~,:~: tr/Ttni:;/Z1flL6',D6ED.•tR01'!•A~YTD~.B.:16T1'~OMi; Jl!•i'.1-flM61'~#':!~' '_a ar.#'.~~bOIC'':J°'3E°.`~LCE 1 Y` Ol~i. 51.00 •• s.'>>'o4/itJilf,3: ~.~R#001{~ED:,.06J24/3993'': '..,,~' nY-.'YY ' •' ' ~' ~ , zxx , Ill!'0#?nlTION :.'• ' ,': N ~lii~)•; 1994:: ;:''> •;~' ' `: ~:: - ~' •' ' _ ,; ,TIIX: ice: ..,. ,•:i~34 is~:~.;;:>~aavr:ys~oos./.so~n:sissp•: ~ ~;,':" :s~rs~s: , pxsb_.. ~jS~,;i99s`:`,="•+ ~•.~' `':• ."~K•:•• • -,T11Y':~Di=%:•31-13 Ol1Z=~01 . =,3j;;r:' ~/!~'1"OM11D81P ' $TA?CSs' 111Ip; r ~iIS-.:.Y~. :. 'v,"~^~My~~ .. 'err, k;~=~;y ,;.,^~ • • .. .. 'a'i • . ;tt . . . $. •.. r _-&s yr,;.: `~:~ ~>,',•,;;'.^.~:';:,?J-,q$$8r~1'~. •I~otl-~iix~i%.,'::'~., , ••,•.;''. •. ',~`~4^.!M F, j'.~~,'a: :..y%'~..•' ;.'7w :, L..:. ^.~aT'--. ~'~yF r:s•if:. •./•S,.:y;• ~~'"'r'"=•':`~4#0.•00','•''' °-.•;AIIIirDING :.;"•ra~131000~~~"'1'O'1'1-t:: • ''1790:00•x;' ..Yr, ..•i; Y/~'r'_ 5110°-.. .,}•. ~. ~ ~~a;'°.:.,"" •. •~ ~ ~ns „4i?,;.i,f~•, ~;~.;t, .:~,,:.: =131 '° •.. ,S:•: ;'-., ,~~ ~ ~ ,t ~> 1. .Z:: i .r~~.~ ~ ~.~`.. .: •.• `.;ba :,..,:. ''.: ass ~ as~.zs'~`~; ~r. =,~~~40- .`: ~. '. ..: ` ,, ,,~'+,: SL's" ~Lf'•;:f~+,s xe . >,~i', >:~:_ ::;: ~-_•~ .. ~p:..~._.~r~s' mac`: s-+~`'~yvss~=r~'., • ~~,,,:~ri; :;., `. ' .:'r ~~~~ ~°~"'~ ='x`51°°'°0 •'' ~•T;,t ` 4 •, .. ,ailr. { M~•. 'ifs: .. •'.r ~•' V ~^ . . :. ;•'9:r ~'f,Z~ '' •• ~'f Apt ~. >~4 'l~v; ~{~ 'T'Y 1 I~ ~i., .?N.~ ~ .. rYt toy//,~}~+, ,•%,~','• ./~~'~ ~ .. r~:~',.,.-«~~ ..r ~~ r<~ ~" "L ,6Rt ~:~:";~ !!!''1~Y~~ rte. •5 !~.' ~ ' t:j.: Y~~: ''j:. ~~ ~ ~~: ~ ',a.X''+ s~, :'Y •M :.'rd..' .,t, ,Mk~'• »:`K.,,t ;law'. ~~ M1i~~i:~n~'".;:5,, .i.:.trj~`.•~". ~1 f, s.T i":• •sY •>%^ .•~4^°~;j ~%~'~':' Tai^+p :. ..5 i. ~:. ',"•,.~SY" ,_~"+i.t,.`'~„:GytY%.r,' .tiy '~J.' :r. ..;:.~:'l•+•.`,i :: ..~. v';:~ ,~'Y:::.`kys ~±r }:. '~ti. r~~ (•i' :s^ dot. :%;'^~r' NHS,,'.: :.iif p:C ~,;:v;; ^,. ~':~ti ~4:. ~,.~:- '~~<f:,n#i''::t.,i~.I: {•~1i.~; •~rri`~.. 'l; ~~: r,r :'\.~'.;l:s .: '~ .~v ~•'. f r:;: ''~~@ ~. •y.++4.'5;:,' i ~Y+ii. , ir: re:i .~.: ~ •• _,., ti~'~~Cr S ""~"•:.- ~vrn;°Y ti'" _ _'~~Ah'..27,yv:3rti .:jr~«. ~~~. ,.~:xs.Y~~a2 :.~"f•.~ ^: aat~'a:~',ii?t:.~<eiMt .f.~~:~ k i •: :b::;ri ;~y.~` ,~ :~'i :': si;':z,:. psi>:."~''.'~.; ':r ki :'"` ' 3_~'e',T::~ jib ~ t • • .. .'f.i' •,~S . ;, fr.; ~ ~ .. • - ~.Itiw~ t.. ,:.`.c:. , . ~:r .i~, ~ ~4. : S ~ .a, .: ~,Y~ .: r' ;~~ 1 t& i Q ~ .L F ~ t. ..;.. .'v~«v r ') ~ ri'• y• .' :: ' ' ~1 N4,i:i : ;Y.ii ~ :S• .~:.; ih u:~S ,.:':. . yrt _ ~ .:{~~,r ` •' = ~~ • • . ~ . . ~ Vii' ~ ." i N:• J ^ . . . ~ ~ ..~ ti ~'• BSI . ~~, ~S' I .H~. ~ a .. ~`y`, .1(TI •' i n ° t t ri .~it '. T1' • ,• ~rS'r' .4~ is .~• , • ~ 1 "? ~ • S r • ~ .. ' te "v` .'~' .~, . r :j _+•• `. iy:-y?;^ .'`.;{ ;}~;. " r , . ;~~~r;~°~ '~: i'c:y• ~"~^ .. ~,.'7•jy,.+~~,.~~y~ yy'~ {.~-~1~'~.~::~~. ..,`ray, '..i: ._. ..._ s:Si_.. ... ._. .....",,,r*.'e_•~ar z. .. :C•:f:5.;. A^iit~r ^ ~3[Yg+F: •` ~T~~~ ~~ ..~- ~f ar T ~ ~ 1~•~a ~..! ,.,. ~_ ~;~„ ~~ ~~ ~:°; ~.~a ~~~:Q°. ~~`" ~, {- .rYi ~+ EXS~BIT ~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 9/27/07 FULL SPECTRUM LEGAL SERVICES 400 FELLOWSHIP RD STE 220 MT LAUREL NJ 08054-0000 CERTIFICATE 8 ATTESTATION 072700713000430 002 I hereby certify that Anita M. Wasko, Director of the Bureau of Motor Vehicles of the Department of Transportation, is the legal custodian of the Motor Vehicle Records of the Pennsylvania Department of Transportation. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT ON THE ABOVE DATE IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. A. ~,/g~ SECRETARY OF TRANSPORTATION I hereby attest that the Bureau of Motor Vehicles has received your request for information. We are not able to provide this information because the record you requested, as indicated below, does not exist in our files. In compliance with your request, I certify that I have caused a search to be made of the files of the Department of Transportation. NAME *FETTROW,DAVID S B DEBORAH L & INGRID K - NO RECORD CERTIFIED IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. ANITA M. WASKO, DIRECTOR BUREAU OF MOTOR VEHICLES ~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 10/03/07 FULL SPECTRUM LEGAL SERVICES 400 FELLOWSHIP RD STE 220 MT LAUREL NJ 08054-0000 CERTIFICATE 8 ATTESTATION 072760713000243 003 I hereby certify that Anita M. Wasko, Director of the Bureau of Motor Vehicles of the Department of Transportation, is the legal custodian of the Motor Vehicle Records of the Pennsylvania Department of Transportation. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT ON THE ABOVE DATE IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. SECRETARY OF TRANSPORTATION I hereby attest that the Bureau of Motor Vehicles has received your request for information. Wa era not able to provide this information because the record you requested, as indicated below, does not exist in our files. In compliance with your request, I certify that I have caused a search to be made of the files of the Department of Transportation. NAME *FETTROW,DAVID S & DEBORAH L & DAVID S CERTIFIED IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. ~Cui4c..~-~Gc ~ .GC~tat~~-- ANITA M. WASKO, DIRECTOR BUREAU OF MOTOR VEHICLES t ~~` ~~ _ ~,_ Utz" z., ~k F ~r ~ 1,. ~~ t, ~~~ Zy S:.k . : ~`: P :~%h f r: ~ ~, { K',:., S'. '': .. ; ~ r , . {5' {-f - ry~f~. ~~ . {~.~ ~~. ~~ N ,; ~1BIT i E~ ~~~ ~~ ~_ 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 December 11, 2007 Deborah L. Fettrow David S. Fettrow 231 South Side Drive Newville, PA 17241 RE: U.S. Bank National Association, as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates series 2007-RP1 vs. Deborah L. Fettrow and David S. Fettrow, a/k/a David S. Fettrow, Jr. Cumberland County CCP, No. 07-5298 Civil Term Dear Deborah Fettrow and David Fettrow, Enclosed please find a true and correct copy of my proposed Motion for Equitable Conversion 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 December 17, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Mich le .Bradford, s 're For Phelan Hallinan & Schmieg, LLP Enclosure m £fl _~( m ,"a a 0 w a~ d .V.~ w O r Q.~ j ~ 0~ A L7 o y' ~+rti^^+ Y W V` `,~ d V ~~ ~ ~~ 3 •,. a' a3~~ ~ M ~3Ae- ~ ~C ~ a, ,d d ~"D d a{ a ? ~ o ~ rn o , .~ o. '~ ~~'~ ~ ~ °` a ~. v, s ~ 8 A ~ ~ ~ `.t`+ ',~ W p,, d v G > a ~ ~ r+ N ,6 e~+ ~ ~ s ~~~. ~'~~. a $ ~y~ C'NR ~rs~ .~ H y ~y Sn ~~ u~ i.1 ~_~~ ~ ~~' a Sc i. ~' o. ~~~s ~~~ ~~~~ w ~W~~o w ~~~ ~v~~~ 0 -~ ° o .~~~ ~.~ ~ :~ ~. ~ ~~ ~~~~.~ og ~~ OwW... N C ~ O ~ (~/1 ~~~ U ~ W r'' ~ ~~~$~ ~~ Nix .~ x ~. 0 ~~ w ~ E wW ~~ b• O `" a .~ 7 '3 N d o~ ~~ ~a N ~ ~' `_' ~ O r ~ ~ ~ 00 ~ r ~, `n M s VERIFICATION Michele M. Bradford, Esquire/ Jenine R. Davey, Esquire hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing Plaintiffs Motion for Equitable Conversion to Real Property, and Brief in support thereof 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. Date: l :_. ~', ~ I 'ti~' PHELAN HALLINAN & SCHMIEG P By: Michele M. Bradford, Esquire Jenine R. Davey, Esquire Attorneys for Plaintiff f PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 U.S. Bank National Association, as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates series 2007-RP 1 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff vs. Deborah L. Fettrow David S. Fettrow, a/k/a David S. Fettrow, Jr. 231 South Side Drive Newville, PA 17241 Defendants Court of Common Pleas Civil Division Cumberland County No. 07-5298 Civil Term CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that true and correct copies of the foregoing Motion for Equitable Conversion to Real Property and Brief in support thereof, were served by regular mail on Defendants on the date listed below. Deborah L. Fettrow David S. Fettrow 231 South Side Drive Newville, PA 17241 Date: ' ~ PHELAN HALLINAN & SCHMIEC, LLP By: ~~ M chele M. Bradford, squir Jenine R. Davey, Esquire Attorneys for Plaintiff r-' ~ ~ ~~' ~~,t r ~p ~.. ~ f t.13 5. r ~~ s':, 4""! ~r ~,~,~ ~• DEC t 01DD7 0"- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates series 2007-RP1 Court of Common Pleas 4828 Loop Central Drive Houston, TX 77081-2226 Civil Division Plaintiff No. 07-5298 Civil Term vs. Deborah L. Fettrow David S. Fettrow, a/k/a David S. Fettrow, Jr. 231 South Side Drive Newville, PA 17241 Defendants RULE S'~ AND NOW, this ~~ day of ~t-c-tx~b~.J' 20~~ a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion for Equitable Conversion. ~~~i~~~~ iA~s~~f~~! 9E ~$ ~i~ L~ 3~Q E~OZ ~h Rule Returnable on the ~ ~ day of ~o~NVa~+~ 200, at . in the Main Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ~,~•~~~ J. ~ichele M. Bradford, Esquh'e Phelan Hallman & Schm1eg> LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FpX; (215) 563-3459 michele bradfordCc~fedohe.com __MM ~g L ~ ~~ F,~'~ ~ 1~ aZ~o? ~~~ Deborah L. Fettrow David S. Fettrow, a/k!a David S. Femow, Jr. 231 South Side Drive Newville, PA 17241 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 U.S. BANK NATIONAL ASSOCIATION, AS . TRUSTEE FOR THE C-BASS MORTGAGE : LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County vs. No. 07-5298-CIVIL TERM DEBORAH L. FETTROW . DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR Defendants 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 September 5, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on November 21, 2007 in the amount of $26,269.27. 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. The Property is listed for Sheriffs Sale on March 5, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $21,217.66 Interest Through March 5, 2008 $1,736.53 Per Diem $5.17 Late Charges $56.04 Legal fees $2,685.00 Cost of Suit and Title $1,676.00 Sheriff s Sale Costs ($21.44) Property Inspections $259.50 Appraisal/Brokers Price Opinion $100.00 Mortgage Insurance Premium/ $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,007.06 TOTAL $28,716.35 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. 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 Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. 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 Defendants on December 19, 2007 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. 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". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiffrespectfullyrequwts that this Honorable Court amend the judgment as requested. ]~ Y e al ~ hmieg, LLP DATE: U ~1 gy: nhP r nrr-~ crniirP Attorney for 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP 1 Plaintiff vs. DEBORAH L. FETTROW DAVID 5. FETTROW A/K/A DAVID S. FETTROW, JR Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-5298-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DAVID S. FETTROW A/K/A DAVID S. FETTROW, SR, DEBORAH L. FETTROW and INGRID K. FETTROW 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 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241. 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, Defendants 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 Sheriff s 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 Defendants 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 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 Sheriff s 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. 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 Defendants 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are 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 mortgagors have 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 Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s 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 Defendants 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 Plaintiffwould 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 Shoppin Cg enter, 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 RealtX, 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: ~ ~ a~~'[ 'l B Attorney for LLP Exhibit `~A" PHELAN HALLINAN & 5CHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. b2695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 x.215 563-7000 1ss77s U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTCi-AGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP 1 482$ LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff v. DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR, 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 Defendants r'1 rv c: r; ~ ; r,-, - -~ r,~~ ATTORNEY FOR Py~ _~ ~ ~ ~~ -K c~ -c COURT OF COMMON PLEAS CIVIL DIVISION TERM No. 07- Sags ~'~d; ~ ~~-~, CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE ~TTORN~ FILE COQ Q~ f`~14.~ raF-~~}Z~ .~:,,~ ... ,- ... File #: 15877s 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 aze 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 Baz Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 158775 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 sey. (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 #: 158775 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 #: 158775 Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE GBASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 who islaze the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/11/1997 INGRID K. FETTROW, DEBORAH L. FETTROW, and DAVID S. FETTROW, SR. made, executed, and delivered a mortgage upon the premises hereinafter described to MELLON BANK, NATIONAL ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1369, Page: 337. 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 believes 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/13!200? and each month thereafter aze 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. File #: 158775 6. The following amounts are due on the mortgage: Principal Balance $21,217.66 Interest $1,054.68 02/13/2007 through 09/04/2007 (Per Diem $5.17) Attorney's Fees $1,250.00 Cumulative Late Charges $74,72 03/11/1997 to 09/04/2007 Cost of Suit and Title Search 550.00 Subtotal $24,147.06 Escrow Credit $O,p0 Deficit $1,729.29 Subtotal 1 729.29 TOTAL $25,876.35 7. 8. 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 aze 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. 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 dischazge 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. File #: 158775 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 Defendants} 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 haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 10. Plaintiff hereby releases DAVID S. FETTROW and INGRID K. FETTROW from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $25,876.35, together with interest from 09/04/2007 at the rate of $5.17 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. PHEL HALLINAN & SCHMIEG, LLP By: s rands S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 158775 LEGAL DESCRIPTION ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road known as the Farm Road, a corner of land now or late of David Steigleman; thence by the center of said Road North 00 degrees 45 minutes West 245 feet to a stake on the northern side of the Peach Orchard Road on line of land now or late of Olmer Spence; thence by said land North 52 degrees 30 minutes East 150 feet to a point; thence recrossing the Peach Orchazd Road and by land now or late of Thomas E. Meals South 8 degrees 30 minutes East 319 feet, more or less, to a point on line of land of Steigleman; thence by said land South 82 degrees 45 minutes West 165 feet to the place of BEGINNING. CONTAINING .96 acres more or less. 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241 File #: 158775 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 aze 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: / ' 7 "' o ~- Exhibit "B" PIIELAN HALLINAN & SCI~MEG, L.L.P. By: DANIEL G. SCHMIEG Identseatlon No. 62205 Attorney !or Plaintl!! ONE PENN CENTER AT SUBURBAN STATION 1b17 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 X63-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 200?- RPl 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-222b r~~''~'"1 ~` n . '" p r` CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5298-CNII. TERM Plaintiff, v. ' 4`~ , ' ~I ; ~, '" r DAVID S. FETTROW A/K/A DAVID S. ~ ~ FETTROW, JR. ~~` a~,~, , ' : t ~ u 231 SOUTH SIDE DRIVE ~- ~ ~` `''i NEWVILLE, PA 17241 DEBORAH L. FETTROW ~ F'~ ~~~t~ ~ ~~~~~ ~~y~~ 231 SOUTH SIDE DRIVE ~i ~~ NEWVILLE, PA 17241 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 DAVID S. FETTROW A/KIA DAVID S. FETTROW. JR. and DEBORAH L. FETTROW, Defendant(s) for failure to file an Answer to PlaintiflPs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: AT~"pR~~Y ~t,~ ~€~Y As set forth in Complaint ~'"`~ P~~~ ~~R~ $ 25,876.35 Interest from 09/OS/07 to 11/19(07 $ 392.92 TOTAL $ 26,269.27 S~ I hereby certify that (1) the addresses of the (2) that notice has been given in accordance with F A~~~~~E~ ~~ ~~~~ ~ PLEASE R~1IRN ~ intiff and Defendants} are as shown above, and 237.1, c.~py att~cl~ed. j ~ G. SCHIViIF for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _Il~a`~'_`_ ~ ~. R PROTHY ~xg 158775 Exhibit `~C" 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 December 19, 2007 DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 RE: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN AS5ET-BACKED CERTIFICATES SERIES 2007-RP1 vs. DEBORAH L. FETTROW and DAVID S. FETTROW, A/K/A DAVID S. FETTROW, JR Premises Address: 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 CUMBERLAND County CCP, No. 07-5298-CIVIL TERM Dear Defendants, 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 December 24, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very 1 s, hele M. B ford, Esquire For Phelan Hallinan & Schmieg, LLP Enclosure 0 0 ~_ a~ a W O I~1 ~Y ~ ~~ ~~~ z ~M ¢~° ~ ~ ~, ~~¢ ~a U .aaa-~ a0a £OLfiL3OE?,~dIZW021d0371!dW NN-~~ LOOZ -6 LL ~~p 0-108 6Zb000.- OC1~~~0 ~ Wl ;ZO ~ 53Nf6ff A3NiCi .,.. ~ y 6~ s.. .ti '~ Q a~ v w O 0 a b a 'M.1 a~ ~. b ~F~1 O ~ I z W Q x O M N 3 H H W w ,-, N rN !a °~ ~ `~ o• o ~ T ~ O w U C O ,CJ 't O U ti ~ W b O QQy .7 U S N U ~ ~ ~~~~~ U .F .U ~ .~ ~ ~ X O ~ y W '~ ~ V O O w ti d lJ .a W .. a~ ~ "'~ . A b C E'~ d °~ ~ c ~ vYSE"' ~` u K,~ d° 7 k ~ `° v° v B 0 d 'a ~ ~ ~ ao ~ ~ ~» o ~ aGi .~ ~ w ~ ~ ~ .5 'O VU ~ O O V G T C C ~ A :: ~ o,.n0 ~ ~ ~~ ~d$ v ~ ~ ... oa~o~.~ ~ ~~ ~w c w vs ' ... 0 O 0 ~a '~.~• ~ ~~~~~ aY ~ E m v ~ °~a ~~ goo u 0 ~~ H~a s .~ a 0 s a p~ T N aw V Csi Q a " ~ w v ~~ z; a ..o z `~ °° U n'n a C ~ h ~ E "O V] , ~ zQO'~ d C y O T A 'V zy ~i 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. ~j~. e i ieg, LLP DATE: ~ "' ~ By ichele M. Bra ord Esquire Attorney for Plainh 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP 1 Plaintiff vs. DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-5298-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. DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 DATE: Ph an a c ieg, LLP By: M chele M. Bra rd, squire Attorney for Plain i ~ r,.a ~~ C3 -ci r. s ~~ "T'4 ~..~ f~ . {~ ' ) S .Yy x r ~.~ - ' - t`4't r ~ ~ ,.'~ ~ ~ U.S. BANK NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF AS TRUSTEE FOR THE C-BASS :CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1, PLAINTIFF V. DEBORAH L. FETTROW, DAVID S. FETTROW, A/K/A DAVID S. FETTROW, JR., DEFENDANTS NO.07-5298 CIVIL ORDER OF COURT AND NOW, this 2nd day of January, 2008, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before January 22, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Counsel for Plaintiff Deborah L. Fettrow David S. Fettrow, a/k/a David S. Fettrow, Jr. Defendants ~c~p«s rna~~ 1 ~~~/d 8 ~`- l l bas ~~N~i/~~1s~,~~iV: f ~ ~~ ~d ~- ~~!' 6flDZ A~i'i?(~i~v~-~~~~# ~HJ. ~f~ ~^In.~=Ct-t~~13 PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 U.S. Bank National Association, as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates series 2007-RP 1 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff vs. Deborah L. Fettrow David S. Fettrow, a/k!a David S. Fettrow, Jr. 231 South Side Drive Newville, PA 17241 Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-5298 Civil Term CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that true and correct copies of the Rule dated December 21, 2007, was served by regular mail on Defendants on the date listed below. Deborah L. Fettrow David S. Fettrow 231 South Side Drive Newville, PA 17241 SCHMIEG, LLP Date: j' Z-,0~ By: Jenine R. Davey; Esgl Attorneys for Plaintiff C` ~'° {~~ ~.{lry~. ~ ~ ? ~ t~ w. ~l+ ~ f 1 _ ` .A-++ ~ 7 '~ f ~ ^^ ~ l~ f :) `,.~~ G„9 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215} 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP 1 Plaintiff vs. DEBORAH L. FETTROW DAVID S FETTROW A/K/A DAVID S. FETTROW, JR Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-5298-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 22, 2008 was sent to the following individual on the date indicated below.. DEBORAH L. FETTROW DAVID S FETTROW A/K/A DAVID S. FETTROW, JR 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 1' & Schmieg, LLP DATE: By; chele . Br d d, Esquire Attorney for Plaintiff C;+ c ' fi r -- n ~°' ~ -r., ~~^ ~"' ~---' £-~'~ L.tl ~... ~ ._ . ' `~ .t'~- ~r,i ,~ PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 U.S. Bank National Association, as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates series 2007-RP 1 Court of Common Pleas 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff vs. Civil Division Cumberland County Deborah L. Fettrow David S. Fettrow, a/k/a David S. Fettrow, Jr. 231 South Side Drive Newville, PA 17241 Defendants No. 07-5298 Civil Term MOTION TO MAKE RULE ABSOLUTE Mortgage Electronic Registration Systems, Inc. hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: On December 19, 2007, Plaintiff filed a Motion for Equitable Conversion. 2. On December 21, 2007, the Court entered an Order directing the Defendant to respond to the Motion by January 18, 2008. A true and correct copy of the Order is attached hereto, made part hereof and marked as Exhibit "A". 3. Plaintiff served a copy of the Order on Defendant on January 2, 2008. A true and correct copy of the Certification of Service is attached hereto, made part hereof and marked as Exhibit "B". 4. Defendant failed to respond or otherwise plead to the Order dated December 21, 2007. WHEREFORE, Plaintiff prays that this Honorable Court make the Rule to Show Cause Absolute and grant Plaintiff's Motion for Equitable Conversion. ~ PH N & SCHMIEG, LLP Date: 22 Michele M. Bra fo squire Attorney for Plaintif E~xT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U,S. Bank National Association, as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates series 2007-RP 1 Court of Common Pleas 4828 Loop Central Drive Houston, TX 77081-2226 Civil Division Plaintiff No. 07-5298 Civil Term vs. Deborah L. Fettrow David S. Fettrow, a/k/a David S. Fettrow, Jr. 231 South Side Drive Newville, PA 17241 Defendants RULE AND NOW, this ~ day of 20¢~, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion for Equitable Conversion. Rule Returnable on the ~ day of 20 8 ~~.-~he Main Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ~~°~~ Michele M. Bradford, Esquire Deborah L. Femow Phelan Hallinan & Schmieg, LLP David S. Fettrow, a/k/a David S. Fettrow, Jr. 1617 JFK Boulevard, Suite 1400 231 South Side Drive Philadelphia, PA 19103 Newville, PA 17241 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford~a,fedphe.com ~~~~~y ~ bl~f, a tine ua~ta ~~ ~'>r h~sd ~~:~ ~~ se>~i ~~ ia~ ~ ~~ C~rtisla, Aa - i~oney~~y . E~~T B to v,~; ~' ~, { .:; , ~ ~. ~ ' ' r -< ~•; n t ~ e~=' ~`' i t J . Q m ~ ~~Vil~ I ~i~~ ~~~ "-•i -:~ ~~ l 84 / V PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 X215) 563-7000 U.S. Bank National Association, as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates series 2007-RP 1 Court of Common Pleas 4828 Loop Central Drive Houston, TX 77081-2226 Civil Division Plaintiff vs. Deborah L. Fettrow David S. Fettrow, a/kJa David S. Fettrow, Jr. 231 South Side Drive Newville, PA 17241 Defendants Cumberland County No. 07-5298 Civil Term CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that true and correct c©pies of the Rule dated December 21, 2007, was served by regular mail on Defendants on the date listed below. ~~RI~Y FI~.E dpi' s~ ~ _~~ Deborah L. Fettrow David S. Fettrow 231 South Side Drive Newville, PA 17241 SCHMIEG, LLP Date: / l z-1 ~~ By: --~- Jenine R. Davey; E'squ Attorneys for Plaintiff VERIFICATION Michele M. Bradford, Esquire hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing Plaintiffs 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 penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. t PHELAN L HMIEG, LLP Date: ~ ~ D ~ By: Michele M. Bra rd, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215 563-7000 U.S. Bank National Association, as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates series 2007-RP 1 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff vs. Deborah L. Fettrow David S. Fettrow, a/k/a David S. Fettrow, Jr. 231 South Side Drive Newville, PA 17241 Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-5298 Civil Term CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served by regular mail on all interested parties on the date listed below: Deborah L. Fettrow David S. Fettrow 231 South Side Drive Newville, PA 17241 PHEL A AN & SCHMIEG, LLP Date: ' ~~ Michele M. Bradford, squire Attorney for Plaintiff ~ `~.. ~~ (~ ---+ i ~ ~ ~~ .. , -'T' 3„~ -t=" ~,, •C 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 X215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP 1 Plaintiff vs. DEBORAH L. FETTROW DAVID S FETTROW A/K/A DAVID S. FETTROW, JR Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-5298-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPl, 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 Damages was filed with the Court on December 28, 2007. 3. A Rule was entered by the Court on or about January 2, 2008 directing the Defendants 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 on January 9, 2008, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 22, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. DATE: 1 ~ p ieg, LLP By: ichele M. Bradfo uire 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 (215563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP 1 Plaintiff vs. DEBORAH L. FETTROW DAVID S FETTROW A/K/A DAVID S. FETTROW, JR Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-5298-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on December 28, 2007. A Rule was entered by the Court on or about January 2, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 9, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 22, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. 1 eg, LLP DATE: d ~ By: Mi hel .Bradford, uire Attorney for Plaintiff Exhibit `~A" U.S. BANK NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF AS TRUSTEE FOR THE C-BASS :CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1, PLAINTIFF V. DEBORAH L. FETTROW, DAVID S. FETTROW, A/K/A DAVID S. FETTROW, JR., DEFENDANTS N0.07-5298 CIVIL ORDER OF COURT AND NOW, this 2nd day of January, 2008, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED -that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should riot be granted; , 2._,The Defendant will file an answer on or before January 22, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted-upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file. an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Counsel for Plaintiff Deborah l_. Fettrow .. David S.'Fettrow, A T°!~!~! C:Ci~~ ~~~~~9 Pa~~+~il a/k/a David S. Fettrow,. Jr. ~~ 1~~~~~~* ~~,~~~ 1 belts Ui~~O•~~~ ~4~ ~tl Defendants ~° ~~~ g ~~# ~3td Cou ~t4 Cart~sis, i~ bas + ~~~ ~ ~ oZ ~~~ Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. b9849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 U.S. BANK NATIONAL ASSOCIATION,. A$a TRUSTEE FOR THE C-BASS MORT LOAN ASSET-BACKED CERT A'T. SERIES 2007-RP 1 ~~~" ~~ Plaintiff vs. DEBORAH L. FETTROW DAVID S FETTROW A/K!A DAVID S. FETTROW, 3R ,,. -.tip,, Defendants F `~~ ;. ATTORNEY FOR PI;AINrT~FF,~ o ~ '? i cT ~ ttr ~: -,.; ~. ` r=5 ~~. --- f ?~d ; _. c , - ;~ ' c v Court of Commoas ~ ~ ~; ~ ~ ?% ~ ,~- ?~, ~-rn ,- Civil Division ~ c.a cn .,,~ CUMBERLAND County No. 07-5298-CIVIL TERM CERTIFTION OF SERVICE I hereby certify that a tru orrect copy of our Motion to Reassess Damages noting a Rule Return date of January 22, 2008 was sent to the following individual on the date indicated below.. DEBORAH L. FETTROW DAVID S FETTROW A/K/A DAVID S. FETTROW, JR 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 DATE: L ~~\~ ~ 1' & Schmieg, LLP ~~ ~< k ~ chele d, Esquire Attorney for Plaintiff 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. P e i e , LLP DATE: a ~ By: Michele M. Bradford, Es 're 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP 1 Plaintiff vs. DEBORAH L. FETTROW DAVID S FETTROW A/K/A DAVID S. FETTROW, JR Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-5298-CIVIL TERM 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. DEBORAH L. FETTROW DAVID S FETTROW A/K/A DAVID S. FETTROW, JR 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 DATE: D Attorney for LLP _. ~) '7l { ,~, --{ ,i', ~ ~ ._ ~i ---+ i7 ... L. ~.? :,, . AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN AS5ET-BACKED CERTIFICATES SERIES 2007-RPl DEFENDANTS} DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. DEBORAH L. FETTROW SERVE DEBORAH L. FETTROW AT 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 07-5298-CIVIL TERM ACCT. #158775 Type of Action - Notice of Sheriff s Sale Sale Date: MARCH 5, 2008 i SERVED Served and made known to ~1r130 ~F~ l- • ~ ~ TT~O W ,Defendant, on the ~'~~^ day of ~EC~.A,113~ ,2003,atJr~~~ ,o'clock~.m.,at a3( ~0~ cSiDE ~QtV~, ,~'~~V6t,t.~ Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. - 1~-Adult family member with whom Defendant(s) reside(s). Name and Relationship is ~ t D 1 ~Q17'/}~•~ 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: Description: Age ~ Height ~ Weight o~6 Race W Sex r~ Other I, ~u~ ~~ u- , a competent adult, being duty 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 sub cribed before me this ~ day of u' 200 No By: ALES .~~~ AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ^~ ATTEMPTED. NOTARY PUBLIC STATE OF NEW 1Z01Z NOT SERVED M1f CtI1~M=ION ~XPIRI~ 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 2 .~ ~ (215) 563-7000 ~~ ~: ,, ~`~ ~~:~ ~.., ¢~.~ .., c.cr ~ r.. ~`ikiS+~r~4 `. ~~(.3ti~3`~~f't V ~?R3~, IAi~N ~6(? ~~' A7~ :'.t~GTUSMt 23Si191(31!(?4 ~ YN AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPl DEFENDANT(S) DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. DEBORAH L. FETTROW SERVE DAVID S. FETTROW AlK/A DAVID S. FETTROW, JR. AT 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 SERVED CUMBERLAND COUNTY No. 07-5298-CIVIL TERM ACCT. #158775 Type of Action - Notice of Sheriff s Sale Sale Date: MARCH 5, 2008 Served and made known to DOtt/ I D s -'FG-~TRo W ,Defendant, on the ~ ~ day of D~ 200 at : (d o'clock ~.m., at o~31 ~t1T11 SI ~ ~Q1 V E 1 ~ ~ W V 1 ~ (- E 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. ManagerlClerk 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: Description: Age ~S Height ~1 Weight 20o Race ~ Sex M Other I, I~D~'a-f.A IYIU ~ . a competent adult, being duty 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 to and subscribed before me this ~ day of ~DPG 200 Notary~~/~~ ~ By: PL"EC~~'r'F~T~1~'VICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THE NpTARY PUBLIC NOT SERVED STATE OF NE1N.lERSotZ MQ~ , 200_, at o'clock - m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 13` Attempt: / / Time: 2°d Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed Attornev 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 Z ~~ ..~ .,~~ ~ ~ r i ' C a '~1 ~ ~ _ r ~f 4 }~- T"~~ , t.t:a }:~. ti.-, ... '' ~~~i:alt. illi"~VI ~if~,i ~:t'C R't ?>~ ,.~of)t ~'~~11~i*.:i 1~'}lu~~;:i `;GYM JAN S $1008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES Civil Division SERIES 2007-RP 1 Plaintiff vs. DEBORAH L. FETTROW DAVID S FETTROW A/K1A DAVID S. FETTROW, JR Defendants CUMBERLAND County No. 07-5298-CIVIL TERM p~i ORDER AND NOW, this ~ t '1 day of ~a~,V~ , 2008, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants 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 $21,217.66 Interest Through March S, 2008 $1,736.53 Per Diem $5.17 Late Charges $56.04 Legal fees $2,685.00 Cost of Suit and Title $1,676.00 Sheriffs Sale Costs ($0.00) Property Inspections Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $259.50 $100.00 $0.00 $0.00 ($0.00) $1,007.06 $28,737.79 Plus interest from March 5, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT '"` J. 58775 ~~ ~ w ~/tIt~ ~ Q~ ~1~~Ew h~+o~ gp/pg/ / 1 80 :s ~~ o~ Nvr sao~ ~t~1{~h~i;~~.c~~ ~~ ~n ~~~~~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates series 2007-RP1 Court of Common Pleas 4828 Loop Central Drive Houston, TX 77081-2226 Civil Division Plaintiff No. 07-5298 Civil Term vs. Deborah L. Fettrow David S. Fettrow, a/k/a David S. Fettrow, Jr. 231 South Side Drive Newville, PA 17241 Defendants ORDER /tl, AND NOW, this b day of ~Q.~p , 2008, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the dwelling at 231 South Side Drive, Newville, PA 17241, Penn Township with a tax parcel I.D. number of 31-13-0112-017, is equitably converted to real estate by way of this motion, and not subject to separation from land, and it is ORDERED and DECREED that the Cumberland County Recorder of Deeds is hereby directed to accept a certified copy of this order for recording. 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(a~f`phe.com l~a ~ F.s in ~. t l£cL, a 1 ~ jos ~~ ~ Deborah L. Femow David S. Femow, a/k/a David S 231 South Side Drive Newville, PA 17241 BY THE COURT: ~~ ~_ Femow, Jr. 'h ~ -6 ~b 9- ~3,~ g401 h~~.ii~v~.~t~~;~ ~Hl. 30 ~a~;~-~1~14~ U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007- RP1 Plaintiff, v. DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. DEBORAH L. FETTROW Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5298-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPl , 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 ,231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241. 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) Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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. 0 January 29.2008 DATE DANIEL G. C IEG, ESQUI Attorney for Plaintiff ~ '~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE CUMBERLAND COUNTY FOR THE C-BASS MORTGAGE LOAN ASSET- COURT OF COMMON PLEAS BACKED CERTIFICATES SERIES 2007-RPl Plaintiff CIVIL DIVISION v. NO. 07-5298-CIVIL TERM DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. DEBORAH L. FETTROW 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: 2'T 1 S(~i 1TH STT)F. DRiVF._ NFWVTT.T.F,, PA 17241. 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. P DANIEL G. SCHM G, ESQUIRE Attorney for Plaintiff Date: 7anna[3(~, ~nng IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the absence of a renrec nta iy . of the nlaintiff 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. 158775 a Qo a ~~ a o `n '~ ~~ ~~ ~~ ~~~° ~~~ U fs+ .~ a~ a ~~. a O :° a ~o v d zoo ~ '~ w .~ ~g .a a~ ~ a ~ ~. . rti £0 LB ~ ~O~d12 WO?Jd Q3'litlW -. ~ ~ '" _ a56 ~rV , t , , ~ a ~, ,r~~z=~ ~ ... } ~ ~ . ~8L7d ~ ~ r ~ ' y . ~~~ J . !rn.~~11 a ~ a r O ~„~ ~ ~ O N .; O ~ ~ ~ ^' EEEw ~~~ ~ y ~ 'tl ~ g ~ V t~ ~ M ., O ~, W . a ~4 ..y it Frl ~ a ~ $ ~ ~ $~ s~~ 0 Z „ 33 vn W O ~ ~~ ~ ~ e W ri, " ~ ~~~~ ~"~ ~d ~ ~ ~d a a v ~ o U ~ ~~ a .o ~ v, H ~.' a ~ ~ ,~ m ~' V a1 F ~ ~0 A ~ 3 O ~ A A o' ~ ~ ~~ a ~ ~ ~ ~ ~ w '0 ~ ~ ~ z ~o ~ ~ V ~ c d ~ F '3 " v~ p ~„ '~ f11 ~ O ~ O A o ~ ~ ~, N ~~ ~; p 3 a U ~'" ~ M ~ Q ~ z . O ~ ~y ~ ~ ' .~ ~ N 3 •= ~ ~ ~ a ~ ~ ~ ~ ~ ~ a .. ~ v~ c~ ~Q ~ ~ ~~ ~ d pq ~zV d ~ w O ~ ~$ ~ ~a ~~ [W dZ ~ a w ~~ ~ ° ~ w ~ ~ ~ , W Ry ~ ,~ U ~ V~ ~a Aa e~ ~ U A ~~ A o. E z m w Q `8 ~a a --~ N ~ ~ v~ ~o n oo a, O .. r" r.. N .., M r. ~t r. h .. ~ . H C'7 r.~ c ;. t {; ; ~,~ .. r-=7 T ' ~';.. t.~ ; ri T ~':' l -r s ~-, ~-- r: ~ d~ r--, V_ ` ,~ ;: r ~__ ~.,, '--i f F'8 ~'ra --tJ {~+ .,,~ U.S. Bank N tional Association, as Trustee In the Court of Common Pleas of For the C-B s Mortgage Loan Asset- Cumberland County, Pennsylvania Backed Certi icates Series 2007-RP1 Writ No. 200?-5298 Civil Term VS David S. Fe ow a/k/a David S. Fettrow Jr., And Deborah L. Fettrow R. Th mas Kline, Sheriff, who being duly sworn according to law, states that he made a dilige t search and inquiry for the within named defendants, David S. Fettrow a/k/a David S Fettrow, Jr. and Deborah L. Fettrow, but was unable to locate them in his bailiwick. H therefore returns the within Real Estate Writ, Notice of Sale, and Description, i the above entitled action as NOT FOUND, as to the defendants, David S. Fettrow a/k/a avid S. Fettrow, Jr. and Deborah L. Fettrow. Eight attempts at service were made, b t no one would answer the door. Noah line, Deputy Sheriff, who being duly sworn according to law, states that on January 10 2008 at 1458 hours, he posted a true copy of the within Real Estate Writ, Notice, Poste and Description, in the above entitled action, upon the property of David S. Fettrow a David S. Fettrow Jr., and Deborah L. Fettrow located at 231 Southside Drive, Newvi le, Cumberland County, Pennsylvania according to law. R. Th mas Kline, Sheriff, who being duly sworn according to law, states this writ is returned ST YED per letter of request from Attorney Daniel Schmieg. Costs: Docke ing 30.00 Pound ge 22.90 Adve 'sing 15.00 Postin Handbills 15.00 Law L brary .50 Protho otary 2.00 Mileag 34.56 Levy 15.00 Surch ge 30.00 Postpo a Sale 40.00 Law Jo al 527.00 Patriot ews 460.01 Share f Bills 16.17 $ 1,208.14 ~ So An~~ R. Thomas BY ~ ~^ Real Estate ~~~ Sheriff 7'~,a(oB ~r/1 e~ L~Q~z, R.~ ,.,l~~o0 7 ~, . U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FC~R 'CTHE C-BASS MORTGAGE LOAN ASSET~rBACKEIb CERTIFICATES SERIES 2007- RP1 Plaintiff, v. DAVID S. FETT OW A/K!A DAVID S. FETTROW, JR. DEBORAH L. F TTROW Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5298-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) LOAN ASSET-B CKED CERTIFICATES SERIES 2007-RPl , Plaintiff in the above action, by its attorney, DA L G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was file the following information concerning the real property located at ,231 SOUTH SIDE DRIVE. N WVILLE. PA 17241 . 1. Name and addr~ss of Owner(s) or reputed Owners}: Name I Last Known Address (if address cannot be ~~ reasonably ascertained, please indicate) DAVID S. FETTI~OW AJK/A DAVID S. 231 SOUTH SIDE DRIVE FETTROW, JR. I NEWVILLE, PA 17241 DEBORAH L. FE~TROW 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 2. Name and addre~s of Defendant(s) in the judgment: Same as above 3. Name and last kn~wn address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name I 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) CITIFINANCI ,INCORPORATED 6520 CARLISLE PIKE, SUITE 155 ' MECHANICSBURG, PA 17055 5. Name and ad ess 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 add interest may be of Name None 7. Name and add the property whic Name Tenant/Occupant Domestic Relati+ of every other person who has any record interest in the property and whose :d by the sale. Last Known Address (if address cannot be reasonably ascertained, please indicate) ass of every other person of whom the plaintiff has knowledge who has any interest in may be affected by the sale: Last Known Address (if address cannot be reasonably ascertained, please indicate} 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth o Pennsylvania Department of W lfare ANNETTE M. FEITTROW ANNETTE M. F: THOMAS M. Pl I verify that knowledge or info penalties of 18 Pa. PO Box 2675 Harrisburg, PA 17105 826 NORTH COLLEGE STREET CARLISLE, PA 17013 'TROW C/O 150 SOUTH COLLEGE STREET CE CARLISLE, PA 17013 statements made in this affidavit are true and correct to the best of ~y personal ation and belief. I undersntad that false statements herein aze made ubject to the S. Sec. 4904 relating to u orn falsification #o a~th~rities. November 19, 2007 ~ r U ~ DATE ANIEL . S fir, ESQ Attorney for Plaintiff U.S. BANK NAT ONAL ASSOCIATION, AS TRUSTEE FOR HE C-BASS MORTGAGE LOAN ASSET-BACKS CERTIFICATES SERIES 2007- RPl Plaintiff, v. 'I CUMBERLAND COUNTY No. 07-5298-CIVIL TERM DAVID 5. FETT OW A/K/A DAVID S. FETTROW, JR. DEBORAH L. F TTROW Defendant(s). TO: DAVID S~ FETTROW A/KiA November 19, 2007 DAVID S FETTROW, JR. DEBORAH L. FETTROW 231 SOU H SIDE DRIVE 231 SOUTH SIDE DRIVE NE E, PA 17241 NEVWILLE, PA 17241 **THIS FIR {S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY ND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO E AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.`* Your hous (real estate) at , 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241, is scheduled to be sold at the S eriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, Sou Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $ 26,269.27 obtained by U.S. ANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE C-BASS MORTGAGE L AN ASSET-BACKED CERTIFICATES SERIES 2007-RPl (the mortgagee) against you. In th event the sale is continued, an announcement will be made at said sale incompliance with Pa.R.C.P., R le 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent 's Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, cost and reasonable attorney's fees due. To find out how much you must pay, you may call: {215) 563-7000. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the jud ent, if the judgment was improperly entered. You may also ask the Court to pos one the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may ne d an attorney to assert your rights. The sooner you contact one, the more chance you will have of sto ping the sale. (See notice on page two on how to obtain an attorney.) AND 1. If the heriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the pric bid by calling (215) 563-7000. 2. You inadequate con 3. The find out if this 4. If the property as if the 5. You and the Sheriff you. be able to petition the Court to set aside the sale if the bid price was grossly d to the value of your property. ;will go through only if the buyer pays the Sheriff the full amount due in the sale. To happened, you may call (717) 240-6390. due from the Buyer is not paid to the Sheriff, you will remain the owner of the never happened. the right to remain in the property until the full amount due is paid to the Sheriff a deed to the buyer. At that time, the buyer may bring legal proceedings to evict 6. You m y 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 stat who will be receiving that money. The money will be paid out in accordance with this schedule unle s exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten 10) days after the distribution is filed. 7. You m~ immediately after YOU SHOULD 7 A LAWYER OR BELOW TO FIh IMPORTANT NC postponed or y also have other rights and defenses, or ways of getting your home back, if you act he sale. AKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED D OUT WHERE YOU CAN GET LEGAL HELP. ~T1CE: ,This property is sold at the direction of the plaintiff It may not be sold a representative of the plaintiff at the Sheriffs Sale. The sale must be yed 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 v ~I.I.L Cum fol BEG the Ste 45 150 E and b minut land minut C013T'A at certain tract of land situate in Penn Township, land County, Pennsylvania, bounded and described as s: - NG at a point in the center of a public road known as Ya Aoad, a corner of land now or late of bavid ~man;t thence by the center of said Road North QO degzee5 rtes West 245 feet to a stake on the northern side of ch Orchard Aoad on lfne of land now or late of Olmer thence by said land North 52 degrees 30 minutes Sast t to a point; thence recrossing the Peach oxchard Koad land now or late ox Thomas E. Meals South 8 degrees 30 East 319 feet, more or less, ko a point on line of 5teigleman; khence by said land Soutih 82 degrees 45 West 165 feet to the place of BEGINNING. ING .9K•acres more Or less. Ut1DE& SU8,7ECT, NEVEBTHELLSS, to easements, conditionB and restri Lions of prior record pertaining to said premises. R'UGETH with all and singular the buildings, improvements, ways, Dads, waters, watercourses, rights,. liberties, privileges, heredi aments and appurtenances to the same belonging ox in anywis appertaining; and the reversion and reversions, remainder and re cinders, rents, issues and profits thereof, and of every part a.d parcel thereof; AtiD AY. o all the estate, right, title, interest, use, posses ion, property, claim and demand xhatsoever of the Granto s both in law and 'in equity, of, ip and to, the premises: herein:descrfbed and every part and parcel thereof with the appurt nances. •• TO liAVI~ AND To HOLD all and singular the premises herefn descri'~ed together with the hereditaments and appurtenances unto t e Grantees, and to Grantees' proper use and benefit, '~ g..r...,a .. AND 7'H SAIp GRaL1T0[tS, do hereby warrant specially the proper y hereby conveyed. IN WZ S WfiERIs`OF, tha Grantors have hereunto set their hands a d seal's the day and year first above mentioned. TITLE TO SAID REMISES IS VESTED IN David S. Fettrow, Sr., unremarried widower and Deborah L. Fettro ,single woman and David S. Fettrow, Jr., single man, as joint tenants with the right of survivorsh p, by Deed from David S. Fettrow, Sr., unremarried widower and Deborah L. Femow, single wo an, dated 02/28/2002, recorded 03/04/2002, in Deed Book 250, page 3130 31-13-0112-017 Premises: 23 South Side Drive, Newville, PA 17241 Pe Township C berland County WRIT OF EXECUTION and/or ATTACHMENT COMlv>;01~TW$ALTH OF PENNSYLVANIA) NO 07-5298 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHE FF OF CUMBERLAND COUNTY: To satisfy he debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, As Trustee for the C-BASS ORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPl, Plaintiff (s) From DAVI S. FETTROW a/Wa DAVID S. FETTROW, JR., and DEBORAH L. FETTROW (1) You re directed to levy upon the property of the defendant (s)and to se115EE LEGAL (2) You are al o directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEED as follows: and to notify th garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any deb 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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due $2 ,269.27 L.L.$ 0.50 Interest from 1 /20/07 - 3/05/08 (per diem - $4.32) -- $462.24 and Costs Atty's Comm ~ % Due Prothy $2.00 Atty Paid $197 Plaintiff Paid Date: 11/21/07 (Seal) Other Costs $2,713.50 Prothonot By: Deputy REQUESTING ARTY: Name DANIEL .SCHMIEG, ESQUIRE Address: PHEL HALLINAN &SCHMIEG, LLP ONE P NN CENTER AT SUBURBAN STATION 1617 3 K BOULEVARD, SUITE 1400 PHIL ELPHIA, PA 19103-1814 Attorney for: PL NTIFF Telephone: 215- 96-7000 Supreme Court I No. 62205 Real Estate Sale #63 On November 29, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA Known and numbered as 231 Southside Drive, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. co Date: November 29, 2007 B y. ~~ ~~ Real Estate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COUNTY OF TH OF PENNSYLVANIA ss. Lisa M rie 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 eriodical 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 fort e publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly i the said County, and that the printed notice or publication attached hereto is exactly the sam as was printed in the regular editions and issues of the said Cumberland Law Journal on the Mowing dates, viz: 25, February 1 and February 8, 2008 Affiant Law Journal, a matter of the aj statements as to' ;r deposes that he is authorized to verify this statement by the Cumberland periodical of general circulation, and that he is not interested in the subject id notice or advertisement, and that all allegations in the foregoing :, place and character of publication are true. t r ~r Lisa arie Coyne, ditor SWOR~,~ AND SUBSCRIBED before me this 8 day of February 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28, 2010 11sAL ~Y'A'!'i iALi 110. 68 Writ No. 2007-5298 Civil U.S. Bank National Association, as Trustee for the C-Bass Mortgage Loan Asset Backed Certificates Series 2007-RPl vs. David S. Fettrow a/k/a David S. Fettrow, Jr. and Deborah L. Fettrow Atty.: Daniel Schmieg DESCRIPTION ALL that certain tract a~land situ- ate in Penn Toavnahip. Cumberland County, Pennsylvania, bounded and' described as follows: BEGINNING at a point in the center of a public road known as the Farm Road, a corner of land now or late of David Steigleman; thence by the center of said road North 00 degrees 45 minutes West 245 feet to a stake on the northern side of the Peach Orchard Road on line of land now or late of Olmer Spence; thence by said land North 52 degrees 30 minutes East 150 feet to a point; thence recrossing the Peach Orchard Road and by land now or late of Thomas E. Meals South 8 degrees 30 minutes East 319 feet, more or less, to a point on line of land of Steigle- man; thence by said land South 82 degrees 45 minutes West 165 feet to the place of beginning. Containing .96 acres more or less. UNDER AND SUBJECT, NEVER- THELESS, to easements, conditions and restrictions of prior record per- taining to said premises. TOGETHER with all and ain8ulbu' the buildings, ~provesneats, Wray'®, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same be- longing or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, is- sues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, prop- erty, claim and demand whatsoever of the Grantors both in law and in eq- uity, of, in and to the premises harcel described and every part and p thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the heredita- ments and appurtenances unto the Grantees and to Grantees' proper use and benefit forever. AND THE SAID GRANTORS, do hereby warrant specially the property hereby c~veyed• IN WITNESS WHEREOF, the grantors have hereunto set their hands and seals the day and year first above mentioned. Title to said premises is vested in David S. Fettrow, Sr., unremarried widower and Deborah L. Fettrow, single woman and David S. Fettrow, Jr. ,single man, as joint tenants with the right of survivorship, by Deed from David S. Fettrow, Sr. , unremar- riedwidower and Deborah L. Fettrow, single woman, dated 02/28/2002, recorded 03/04/2002, in Deed Book 250, page 3130. Parcel Identification No: 31-13- 0112-017. Premises: 231 South Side Drive, Newville, PA 17241, P Pnn~ y ~a Cumberland County, _.~ • • The Patriot-New Co. ~' ~ -4 812 Market S~. Harrisburg, PA 1 101 Inquiries - 717-25 -8292 CUMBERLAND ~OUNTY SHERIFFS OF CUMBERLAND OUNTY COURT HOUSE CARLISLE PA 17013 c~he ~latriot News 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 Assistar Commonwealth of Pennsylvan Harrisburg, County of Dauphin newspapers of general circulal The Patriot-News and The Sur all have been continuously put That the printed notice daily and/or Sunday/ Metro edi interested in the subject matte. place and character of publicai That he has personal I behalf of The Patriot-News Co stockholders and board of dire in and for said County of Daup PUBLICATION COPY t Controller of The Patriot News Co., a corporation organized and existing under the laws of the a, with its principal office and place of business at 812 to 818 Market Street, in the City of State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News on, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that day Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and fished ever since; or publication which is securely attached hereto is exactly as printed and published in their regular ions which appeared on the date(s) indicated below. That neither he nor said Company is of said printed notice or advertising, and that all of the allegations of this statement as to the time, on are true; and nowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the ;tors of the said Company and subsequently duly recorded in the office for the Recording of Deeds lin in Miscellaneous Book "M", Volume 14, Page 317. This ad ran on the date(s) shown below: 01!30108 02/06/08 02/13/08 February, 2008 A.D. Notary Public C~OMIVEALTH pF PENNSYLVANIA Notarial Seal S1Nrrie L. tCisn~r, Notary public ~a~n3; C~phin County ~~ ~+~ ~tov. 28, 2011 enMylvania Association of Notaries REAL ESTATE SALE N0.63 Writ No. 2007298 C1vIITerm U.S. Bank Natk>rtal Association, as Trustee for the C-Bass Mortgage Loan Asset Backed Certificates Series 2007-RP1 VS David S. Fettrow alk/a David S. Fettrow, Jr, and Deborah L. Fettrow Attorney Daniel Schmieg DESCRIPTION ALL that certain [tact of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point in the center of a public road known as the Fatm Road, a comer of land now or late of David Sieigleman; thence by the center of said road North 00 degrees 45 minutes West 245 -feet to a stake on the northern side of the Peach Orchard Road on line of land now or late of OLner Spence; thence by said land North 52 degrees 30 minutes Easf 150 feet to a point; thence recrossing the Peach Orchard Road and by land now or late of Thomas E. Meals South 8 degrees 30 minutes East 319 feet, more of less, to a point on line of land of Steigleman; Utence by said land South 82 degrees 45 minutes West 165 feet to the place of beginning.. Containing .96 acres more or less. Under and subject, oevertheless, to easements, conditions and restrictions of prior record pertaining to sand premises. Together with all and singular the: buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; And also all tbe estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and io equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. To have and to hold all and singulaz the premises herein described together with the hereditaments and appurtenances unto the Grantees and to Grantees' proper use and benefit forever. And Ote said grantors, do hereby warrant specially the propery hereby conveyed. In witness whereof, the grantors have hereunto set their hands a~ seals the day and year first above mentioned. Title to said premises is vested in David S. Fettrow, Sr., unremaaied widower and Deborah L. Fettrow, single woman and David S. Fettrow, Ir., single man, as joint tenants with the right of survivorship, by Deed from David S. Fettrow, Sr., umemarried widower and Deborah L. Fettrow, single woman, dated 02!28/2002, rr orded 03/04/2002, in Deed Book 25Q page 3130. Pazcel Identification No: 31-13-0112-017 Premises: 231 South Side Drive, Newville, PA 17241 Penn Township Cumberland County Pemrsylvania _, 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPl Plaintiff, v. DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. DEBORAH L. FETTROW Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5298-CIVIL TERM PRAECIPE TO ENTER ORDER TO THE PROTHONOTARY Kindly enter the ATTACHED REASSESSMENT ORDER AND AMEND THE JUDGMENT AS DIRECTED BY THE ORDER in favor of the Plaintiff and against DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. and DEBORAH L. FETTROW, Defendant(s) As set forth in Order $28,737.79 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: .. ~~~ d 9 l~~ ~ ~ O PRO PROTHY PHS#158775 . - ... ,~tAN ~ 8 2t1[~b IN THE COURT OR COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANYA U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES Civil Division SERIES 2007-RP 1 Plaintiff vs. CUMBERLAND County No. 07-5298-CIVIL TERM DEBORAH L. FETTROW DAVID S FETTROW A/K!A DAVID S. FETTROW, JR Defendants ORDER AND NOW, this ~ day of ~a~V , 2008, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED; that the Rule enteral upon Defendants 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 none pro tune as follows: Principal Balance interest Through March 5, 2008 Per Diem $5.17 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs $21,217.66 $1,736.53 $56.04 $2,685.00 $1,676.00 ($0.00) ,. r~ ~- ~s „ • Property Inspections Appraisal/Brokers Price Opition Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $259.50 $100.00 $0.00 $0.00 ($0.00) $1,0O7A6 $28,737.79 Phis interest from March 5, 2008 through the date of sale at six percent per annum. Note: The above 5gure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 158775 ~~ i~i ! i aril? ' Y, '•~ ~~ illy ;v ,-~ .. t~~' ~ ~~ ~ 2C~~ t;~~~ 2'~ ~~E ~ l~~ ~ ~ Gl.,, ~.. _.. Nv -,,. ~_~._ ~a Ci~h ~d o ~ G ~ ~,~ ~~, y ~ sr~ A'p~GG ~ 4~~«C /~a !~ ~ ~~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007- RP1 No. 07-5298-CIVIL TERM Plaintiff, , v. . DAVID S. FETTROW AiKJA DAVID S. FETTROW, JR. DEBORAH L. FETTROW Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $28,737.79 Interest from 3!6108 TO 9/2/09 $2,577.12 and Costs (per diem -$4.72) TOTAL $31,314.91 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1 b 17 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. 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. 158775 -~~`, cL.. a Cq.,J ~ ~~ O .~C rli W Vs a` w~ dc.'7 W N ~~~ ~ a~ ~~N~ A~ v '~ ~ ~A w ow ~~~~ ~„' its ,~ ~" d ,,a o~ ~ ~ ~ ~~ W o~ °~~~w aw a`A zw~~ HA W W ~, vs d A ~'` ~, ~? pG ~ ~ ~` U ~ H A O ~` W ~ wr 4 w ~Q LYE an 00 ~~ v a ~r'a. N N r r, ~ ~ d a a~ WW a ~~ ~~ ~~ ~W ~' R w W ~ .r W p ~p ~ c a xx ~ ~ °, w C 0 ~ a a~ N N °~ a • _~ LEGAL DESCRIPTION ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road known as the Farm Road, a corner of land now or late of David Steigleman; thence by the center of said Road North 00 degrees 45 minutes West 245 feet to a stake on the northern side of the Peach Orchard Road on line of land now or late of Olmer Spence; thence by said land North 52 degrees 30 minutes East 150 feet to a point; thence recrossing the Peach Orchard Road and by land now or late of Thomas E. Meals South 8 degrees 30 minutes East 319 feet, more or less, to a point on line of land of Steigleman; thence by said land South 82 degrees 45 minutes West 165 feet to the place of BEGINNING. CONTAINING .96 acres more or less. TITLE TO SAID PREMISES IS VESTED IN David S. Fettrow, Sr., unremarried widower and Deborah L. Fettrow, single woman and David S. Fettrow, Jr., single man, as joint tenants with the right of survivorship, by Deed from David S. Fettrow, Sr., unremarried widower and Deborah L. Fettrow, single woman, dated 02/28/2002, recorded 03/04/2002, in Deed Book 250, page 3130. PREMISES BEING: 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241 PARCEL NO. 31-13-0112-017 „,, ~~C~ ~1~'~ ~~ ~~11~ ~= ~~,. ~ ~ ~ ~'~~ Y `.11~ve14-4e a_ a ~ ~~Y ~~ ~~ ~ ~ 2 ~ g~ f ? ~. ~D ~° S ~, r~ $ JY ' ~~ ,, rr 4 ly,v~ ~r /+ ~' ~-~.OIJ r r 4 (b_D4 +i rr ~, ~ ~... ~4r rr ~~ 1 t ~ p~~~ ~ ~ ~t/ ,if.~ , ~~.OU f~u`'c" ~o. 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPl CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION v. Plaintiff, DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. DEBORAH L. FETTROW Defendant(s). NO. 07-5298-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.A. §4904 relating to unsworn falsification to authorities. ATTORNEY FOR PLAINTIFF DANIEL G. CHMIEG, ESQUIRE Attorney for Plaintiff 2~Q9 ~~~~ ~~ ns ~ ~G~ ~ `.~ J{± r ~ y i ~i r ~ ~~ ~~._ c_a ;b`~ 1 ~' U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007- RPl Plaintiff, v. DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. DEBORAH L. FETTROW Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-5298-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPl ,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 ,231 SOUTH SIDE DRIVE. NEWVILLE. PA 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. DEBORAH L. FETTROW 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 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 None 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) CitiFinancial, Inc. 6520 Carlisle Pike, Suite 155 Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: ~ .~ Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 Annette M. Fettrow 826 North College Street Carlisle, PA 17013 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.A. § 4904 relating to unsworn falsification to autho ~ ' s. April 2, 2009 DATE ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff .+- nF The a9 ~~ t~ 2~ ~ti~ ~~~ ~~ 20 `... ~~, ~i ti~ ~~ } b i ,. ~t. ....~t c., .* U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007- RPl Plaintiff, v. DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. DEBORAH L. FETTROW Defendant(s). TO: DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 07-529&CIVII, TERM Apri12, 2009 DEBORAH L. FETTROW 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TD BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $28.737.79 obtained by U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN A5SET-BACKED CERTIFICATES SERIES 2007-RPl (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 Sheriff's 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. 1 r You may need an attomey 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 ($00) 990-9108 r LEGAL DESCRIPTION ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road known as the Farm Road, a corner of land now or late of David Steigleman; thence by the center of said Road North 00 degrees 45 minutes West 245 feet to a stake on the northern side of the Peach Orchazd Road on line of land now or late of Olmer Spence; thence by said land North 52 degrees 30 minutes East 150 feet to a point; thence recrossing the Peach Orchard Road and by land now or late of Thomas E. Meals South 8 degrees 30 minutes East 319 feet, more or less, to a point on line of land of Steigleman; thence by said land South 82 degrees 45 minutes West I65 feet to the place of BEGINNING. CONTAINING .96 acres more or less. TITLE TO SAID PREMISES IS VESTED IN David S. Fettrow, Sr., unremamed widower and Deborah L. Fettrow, single woman and David S. Fettrow, Jr., single man, as joint tenants with the right of survivorship, by Deed from David S. Fettrow, Sr., unremarried widower and Deborah L. Fettrow, single woman, dated 02/28/2002, recorded 03/0412002, in Deed Book 250, page 3130. PREMISES BEING: 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241 PARCEL NO. 31-13-0112-017 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-5298 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPl Plaintiff (s) From DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR., AND DEBORAH L. FETTROW (1) You are duected to levy upon the property of the defendant (s)and to sell SEE LEGAL DECRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEES} 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$28,737.79 L.L. Interest FROM 3/6/08 TO 9/2/09 (PER DIEM - $4.72) - $2,577.12 AND COSTS Atty's Comm Atty Paid $1441.20 Plaintiff Paid Date: Apri129, 2009 Due Prothy $2.00 Other Costs ~s R. Long o (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P., 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 AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPl DEFENDANT(S) DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. DEBORAH L. FETTROW SERVE DEBORAH L. FETTROW AT: 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 07-5298-CIVIL TERM ACCT. #158775 Type of Action - Notice of Sheriff s Sale Sale Date: SEPTEMBER 2, 2009 +~ SERVED Served and made known to bFKr~R~} 1~ ~. • -r-~'fTRe W ,Defendant, on the ~ day of J~~~ 200q, at ~ O ,o'clock ~.m, at ~3 ( Smu--'t}- Sibf 1aR . ~ 1V~ W ~ I i-l,1C Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. / Adult family member with whom Defendant(s) reside(s). Name and Relationship is ~~ - D pj/ZD?i}E,Q 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: Description: Age ~ Height 5~~ Weight 7.Oo Race W Sex M Other I, -C 6 N~-p ~ l b t-~- , 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 onthe date and at the address indicated above. Sworn to and subscribed before me this ~_ day of ,-200 No _ . By: PL ATT MPT SERVICE AT LEAST 3 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 ls` Attempt: / / Time: 2"d Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200: Notary• B KIMBERLY CURTY NOTARY PUBLIC STATE OF NEW JERSEY 1 [~ y Commission Expires March 7, 2013 1. 3 Attorney for Plaintiff DANIEL G. SCI-IMIEG, Esquire - LD. No. 62205 One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 I ~3 ._..' AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPl DEFENDANT(S) DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. DEBORAH L. FETTROW SERVE DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. AT: 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 07-5298-CIVIL TERM ACCT. #158775 Type of Action - Notice of Sheriff s Sale Sale Date: SEPTEMBER 2, 2009 SERVED Served and made known to Df~'1/(p ~. ~~T• ~a y~ ,Defendant, on the ~~ da of ^^,,,,^^-- at : 3a o'clock ~.m., at 2~) . p (,th-U. ~', n F M , ~ n/ EW ~ lt,~,~ Commonwealth of Pennsylvania, in the manner described below: ~ Defendant personally served. Adult family member with whom Defendant(s) resides}. Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. ManagerlClerk 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: Description: Age BLS Height ~` ~ Weight `~6 0 Race fit/ Sex M Other 1, N d ~- , a competent adult, being duly sworn accordin to law de a true and correct copy of the g pose and state that I personally handed forth herein, issued in the captioned case on the date and at the address indicated above. KI Afl B E R LY C U RTY Sworn to and subscribed NOTARY PUBLIC before me this STATE OF NEW JERSEY of~~ day My Commission Expire March 7, 2013 OOg. Nota By: PLE T PT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. On the day of NOT SERVED 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant lst A#tempt: / / Time: 3rd Attempt: / / Time: -.~._ Sworn to and subscribed before me this day of 200_. Notary: 1~ 2"d Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 BY~ 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (21~ 563=7000 ~ 3 a:-~ c, _ ~ ~ ~ ., -~~_~~ ~ ~ .- ~ , , ~~~ r~ i ~,.; _ ,; ~.~ t, +.: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE CUMBERLAND COUNTY FOR THE C-BASS MORTGAGE LOAN ASSET- COURT OF COMMON PLEAS BACKED CERTIFICATES SERIES 2007-RPl Plaintiff CNIL DIVISION v. NO. 07-5298-CIVIL TERM DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. DEBORAH L. FETTROW Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE I, the undersigned attorney, attorney for U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C- BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 ,hereby verify as follows: As required by Pa. R.C.P. 3129.1 (a), Notice of Sale has been given to all known Lienholders and any known interested party 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 and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit "A". AN & SCHMIEG, LLP Date: ~~ ~L"awrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shee 1 R. Shah-Jani, Esq., Id. No. 81760 J me R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff 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 alaintiff 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. 158775 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007- RPl v. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-529&CIVIL TERM DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. DEBORAH L. FETTROW Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR THE C-BASS_MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPl ,Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIItE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .231 SOUTH SIDE DRIVE. NEWVILLE. PA 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. DEBORAH L. FETTROW Last Known Address (if address cannot be reasonably ascertained, please indicate) 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 Z. 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) PENN TOWNSHIP BOARD OF SUPERVISORS 1301 CENTERVILLE ROAD NEWVILLE, PA 17241 PENN TOWNSHIP BOARD OF SUPERVISORS, W POMFRET PROF BLDG c/o MARCUS A. McKNIGHT, III, ESQ. 60 W POMFRET ST. CARLISLE, PA 17013-3222 • 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) CitiFinancial, Inc. 6520 Carlisle Pike, Suite 155 Mechanicsburg, PA 17055 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 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Annette M. Fettrow PO Box 2675 Harrisburg, PA 17105 6`~ Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 1'105 826 North College Street Carlisle, PA 17013 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 penalt°i~es of 18 Pa. C.S.A. § 4904 relating to unswo falsification to authorities. DATE: 4 ~~~~ PI~ELA LLINAN & SCHMIEG, LLB----'~ ,L~awi~~e T. Phelan, Esg7d. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shee R. Shah-Jani, Esq., Id. No. 81760 mne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff ~o ~~ ~" ~~ ~~ n .~IWINI~ ,~ Q d ~= G z .-~ c~ d '^b ~ cA N ~ ~~ d ~ N ~ ~ n ~ ~ J +n .~ o O ~~ ~ n I ~wcA~ p .° g ~ cn $~~ ~4 ~ y~. ~. ~ o ~ ~ ~~ ~' ° ° ° Ci7 3.~750~ o• ~~^' ~~ °Q~R~ ago N°°$ -a ...I Q N ~i ? ~ V~ d U~ Jf. p,~. n 55~~ O 7~°3 o.N n , ~.c~' fin. :. n ~ +r 5' ~~~~ ~ ~~~o ~ qa~ w K ~y n ~~ ~~. ool;~, ~. N ~~ ~ n ~~~ ~ ~~~. R ~ n c ~~ Vyi ¢ O n ~~~ ~~, ~~ ~~~ '~. n' H ~' O ~^' ~ p¢'„ ~ '~ w ,y .~ ~, ~ ~ ~ ~ ~ ~~ o ~O ~ ~~ G R ~ ~d c ~d ~ ~ro rn ~~ Ana m ~J~ n nW o~ ~~~r ~ ~ o ~ ~ mot ~ ~`~~~ ~"~ (~ 9~ ~'~' ~, N b r+ A O .~ ~G ~s ~. ~~' r"i 'w. ~o C ~ A ~ V, .C, o *s~ O ,~ a- r., r C ~ ~ ~ ~ ~ ~• C!j ~ r C'i a' r-^~ -„~ L~t7 ONiD ~ ~ C/~ p ''d r ~ 0 p ~ R~ a n ti ~` x ~' C7 -r+ • ~ ~ ~ uc ~' x ~ ~ x ~ ,~ m ° y' ~ ~ c o ~ 'ZZ ,i ~ ~ d *~ ° c', 7v n ~ ~ ~'' b~ K ~~ ~~ ~~~ ~ m ~ ~,, w .a >v '~' *d G • r+ eo N ~ -~ ~ ~ o ~ <°s ~ ~ ~ ~' ~ w 'b '~ ~• O ~ ~ W ~ ~ ~ O ~ O ~' ~ r ~ N C C P~~'~ .~ ~ ~ ~ o3.Za° + ~ • 02 1M APR 13 2009 0004218010 + :~ , ~ -"'r MAIIFD FRDM ZIPCQDE 1 9103 tt ~ ~ ; ~~tl. .~- • ~ ~ ~ O ~ ~ ~ ~ ~ ~ W N ~, W N 1 r~ Y ~~ J -~ a ~z ~ ~~ o s C~1 ~~ ~' d s e R ~n a .,~ °^ o ~. ~ ~~s~~ ~ C1 w ~~.~: ~~. ~~ ~~,~ m a~.g ~ ~: ~.~~ ~. ~~~$ a a~ $ N ~~~ad U ~.~ ~. ~.~~~ ~_. ~. ~~a ~. 9r~9 588. ~.~ r y~~ R G' ~. ~o~ .~ $~. e~g~ ~G.~~ i, ~ ~ ~ r a~w A R N '~ N "~ d H ~ 7 ~ ~ ~ ~ ~ ~ 3 ~ to ;goo ~ ~ ~ C ~' Z y ~~~c~ ~z ~~b~x ;v~p~ s oH~ ty w G7 ~ 0 N rya ~ ~~~ ~o p C ~~ C ~Wb~ ~~z ~ y 6 ~~~~ Y~ro~ N ~ 0 ~O~~ doh C [~7 'd -- O 'ti ~~~ ,~ ~~~ z P :'y cno t" ~~ ~~ o~~a W ~. z :-o~~ ~~~~ ~~.~ ~~~ ~' r ... t"" O ~ O U e R y'~~~~ ~ Q2.52~ ~ ~`~~' + 02 1M ,lUL 28 2009 '~', Z 0004218010 ~y ,.,y, ~ MAILED FROM Z1P COdE 19103 ~ i%" F '~`,~ ~"E..~~ ~ .. ~ in Ri 7 ') / `? { } f ~ .~. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 Plaintiff v. DEBORAH L. FETTROW DAVID S FETTROW A/K/A DAVID S. FETTROW, JR ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-5298-CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, 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 September 5, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on November 21, 2007 in the amount of $26,269.27. 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 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 07 Bankruptcy at Docket Number 1:08-00765 on March 4, 2008. The Plaintiff obtained relief from the bankruptcy stay by order of court dated March 5, 2009. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". The Property is listed for Sheriff s Sale on September 2, 2009. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $21,217.66 Interest Through September 2, 2009 $3,138.14 Per Diem $5.17 Late Charges $672.48 Legal fees $2,800.00 Cost of Suit and Title $2,451.00 Sheriffs Sale Costs $1,186.70 Property Inspections/ Property Preservation $80.50 AppraisalBrokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,437.79 TOTAL $32,984.27 7. The judgment formerly entered is insufFcient to satisfy the amounts due on the Mortgage. 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 Defendants. 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 August 20, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 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. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that Judge Ebert M L JR entered an order to amend the writ nunc pro tunc on January 29, 2008. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: ~ BY~ awrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ~Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP 1 v. Plaintiff DEBORAH L. FETTROW DAVID S FETTROW A/K/A DAVID S. FETTROW, JR ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : CUMBERLAND County No. 07-5298-CIVIL TERM Defendants s MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DEBORAH L. FETTROW A/K/A DEBORAH LYNNE FETTROW, DAVID S. FETTROW A/K/A DAVID S. FETTROW, SR and TNGRID K. FETTROW 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 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241. 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, Defendants 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 Sheriff s 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 Defendants 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 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 Mort ag e Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. 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 Defendants 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are 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 mortgagors have 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 Sheriff s 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 Defendants 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, Plaintiff s 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 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. Phelan Hallinan & Schmieg, LLP DATE: By: ence .Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ~]O Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 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 158775 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 v. Plaintiff DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. 231 SOUTH SIDE DRIVE NEWVII,LE, PA 17241 Defendants C `~ f!~f-,J ~,. ~ rn~ r ` ~ \ ` ~~ ATTORNEY FOR PiNTi~ ~ ~~ ~.=-~ o .~ c , rn ;~ ~ ~,,~ ct: COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE .ATTORNEY FILE C®Py 1~~ Fnc.~ ~~~7 ~~~ rn. ~i J 4;" ... ..L. ~ A i ~~1 .. ;_:, _:~~ File #: 158775 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 aze served, by entering a written appearance personally or by at~rney and filing in writing with the court your defenses or objections to the claims set forth against you. You aze 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 Baz Association 32 South Bedford Street Cazlisle, PA 17013 (840)990-9108 File #: 158775 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 #: 158775 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 #: 158775 1. Plaintiffis U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE GBASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP 1 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/11/1997 INGRID K. FETTROW, DEBORAH L. FETTROW, and DAVID S. FETTROW, SR. made, executed, and delivered a mortgage upon the premises hereinafter described to MELLON BANK, NATIONAL ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1369, Page: 337. 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 >'elieves 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/13/2007 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. File #: 158775 6. The following amounts are due on the mortgage: Principal Balance $21,217.66 Interest $1,054.68 02/13/2007 through 09/04/2007 (Per Diem $5.17) Attorney's Fees $1,250.00 Cumulative Late Chazges $74.72 03/11/1997 to 09/04/2007 Cost of Suit and Title Search $550.00 Subtotal $24,147.06 Escrow Credit $0.00 Deficit $1,729.29 Subtotal 1 729.29 TOTAL $25,876.35 7. 8. 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 aze 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. 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 dischazge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such persanal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Fiie #: 158775 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. 10. Plaintiff hereby releases DAVID S. FETTROW and INGRID K. FETTROW from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $25,876.35, together with interest from 09!04/2007 at the rate of $5.17 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. PHEL HALLINAN & SCHMIEG, LLP By: s rands S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 158775 LEGAL DESCRIPTION ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road known as the Farm Road, a corner of land now or late of David Steigleman; thence by the center of said Road North 00 degrees 45 minutes West 245 feet to a stake on the northern side of the Peach Orchard Road on line of land now or late of Olmer Spence; thence by said land North 52 degrees 30 minutes East 150 feet to a point; thence recrossing the Peach Orchard Road and by land now or late of Thomas E. Meals South 8 degrees 30 minutes East 319 feet, more or less, to a point on line of land of Steigleman; thence by said land South 82 degrees 45 minutes West 165 feet to the place of BEGINNING. CONTAINING .96 acres more or less. 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241 File #: 158775 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 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. ~i~~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: ~ j "' ~ Exhibit "B" i PHELAN HALLINAN & SCHM_IEG, 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 1440 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007- RPl 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff, /z '~, , ~. i ;~'N F rr, ~/ CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5298-CIVIL TERM v. . t~, ~ ~ ~. ~ : ~~. DAVID S. FETTROW A/K/A DAVID S. ~~ ~ r ~~ " w FETTROW, JR. ~ ~ F ~ r g U :: ~ ' "''Y9 231 SOUTH SIDE DRIVE ` ~" ` ~+~ a NEWVILLE, PA 17241 DEBORAH L. FETTROW -s;'~ ,~-~i;a~ ;° ~=~~ 231 SOUTH SIDE DRIVE ~ 1 ~ `~ cif ~ ~ ti NEWVILLE, PA 17241 ~°~~~`~ ~~~~~~ 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 DAVID S. FETTROW A/K/A_DAVID S. FETTROW. JR. and DEBORAH L. FETTROW Defendant(s) for failure to file an Answer to PIaintiil's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess PlaintifFs damages as follows: arro~~l~r ~,~E ~a~~ As set forth in Complaint '""~ ~~sF ~~ j~~ $ 25,876.35 Interest from 09/05/07 to 11/19/07 $ 392.92 `. TOTAL $ 26,269.27 I hereby certify that (1) the addresses of the (2) that notice has been given in accordance with I A~~~rsE~~~~.E~~'~~ PLEASE R~URN I ntiff and Defendant(s) are as shown above, and 237.1, c"Qpy att~c}~ed. f ~ G. SCHMII for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _[~~~ - R PROTHY oKg 158775 Exhibit "C" • ` IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DEBORAH LYNNE FETTROW Bk. No. 1:08-bk-00765 MDF Debtor Chapter No. 07 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007- RPl 11 U.S.C.§362 Movant v. DEBORAH LYNNE FETTROW A/K/A DEBORAH L. FETTROW Respondent ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPl (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, 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241, 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET- BACKED CERTIFICATES SERIES 2007-RPl may immediately enforce and implement this Order granting Relief from the Automatic Stay. BY t'l~e CO>CU~t, ~llttg~e {]DK} Dated: March 5, 2009 Thos document as edectronacally signed and,filed on the same date. Case 1:08-bk-00765-MDF Doc 61 Filed 03/05/09 Entered 03/06/09 08:05:17 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 Phelan Hallinan & Schmieg, LLP August 20, 2009 DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 Representing. Lenders in Pennsylvania and New Jersey RE: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 v. DEBORAH L. FETTROW, DAVID S. FETTROW, A/K/A DAVID S. FETTROW, JR Premises Address: 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 CUMBERLAND County CCP, No. 07-5298-CIVIL TERM Dear Defendants, 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 August 25, 2009. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly„yours, L el , Es wire Francis S. Hallinan, Esquire D~iel G. Schmieg, Esquire vNlichele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure 0 0 °~; .~ a r.~ W x U z Q Ql 11~~1 W a O .9 00 o ~~ ~' a U a p -o oa ^d L C ~ ea v, O E v~ z d yW A O' C R T G 4 p U G C C '« .^- p_ N y 'p vp' ~'~ Q E . itl 4? U N ~ E ~ ~ ~ G~ ~ E ~ N rr U .. G F .~ E ~ . so Gs ~ 3ao~diz woa~ a~idw U ~ e 4 c E "" sooz oz ~nb o cos ~zbooo ~di- C ~~~~ o9Z"~~$ wGZO ~~~~ ~ ~~~ s~ ~ ~ c ~ dy ~ ro .~ E '~Od S'3'l ~ ~ ~ n. ~ ~ x E ' ~ v W `~ ~ O y .9 E W O O ~ ,L ~ y w h-' OA ~ _ ~ ~ > U C W ~ O 7 UN . ~ U ~ O ~ U L W/ O U O T C W ~ ou°o'a E A o ~ p E ... ~ fob o x o~o~~ ~ ~,. E~ ~ . ~~~~~ c ro E ~, V~ 9 ^ ~ U P ...i '-. ~ F ~ cE v r% N ~ O ~s ~s~'s ~K 3 ' ° o d F F W '- w ~ z ~ ~ w o ~+ ~ ~ ~ ~ a A ~ ~~ ~ Q Q `~ T ~ c ~ ~ ~ R ~ o ~ ~ ~ ~ F ~ a> s. '~ w d ms V ^ 1 V {Uj .I .~ "~ w O Q xa o~ ~ ~ ~ ~ ~ C ~ ; ~o z ; W W _ a~- U z A z Ha i .n ~ ~ Z ~ ^" '~ ~ Q 0. ° pa a ~ ~a z ..a -- ' N r'i d' ~ ~ r oo C~ SI ~ 20 Zoos M VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am 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 my 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: -~~~~ By: .iz ~~j~ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ® Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP 1 Plaintiff v. DEBORAH L. FETTROW DAVID S FETTROW A/K/A DAVID S. FETTROW JR Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division CUMBERLAND County No. 07-5298-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 Phelan Hallinan & Schmieg, LLP DATE: ~ ~p BY~ awrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF CRY 1'''~ is Jti.4, , ,:~ PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey August 26, 2009 OfFice of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Cazlisle, PA 17013 RE: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 v. DEBORAH L. FETTROW and DAVID S FETTROW, A/K/A DAVID S. FETTROW, JR CUMBERLAND County CCP, No. 07-5298-CIVIL TERM Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return atime-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very truly yours, ~~ L ence .Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquite~ Andrew C. Bramblett, Esquire Enclosure cc: DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR U.S. BANK NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS OF AS TRUSTEE FOR THE C-BASS :CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1, PLAINTIFF V. DEBORAH L. FETTROW, DAVID S. FETTROW, A/K/A DAVID S. FETTROW, JR., DEFENDANTS NO. 07-5298 CIVIL ORDER OF COURT AND NOW, this 28`h day of August, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before September 18, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, .~e~an 1~a11inan ~ Michele M. Bradford, Esqui Courtenay R. Dunn, Esquire Attorney for Plaintiff eborah L. Fettrow David S. Fettrow a/k/a David S. Fettrow, Jr. 231 South Side Drive Newville, PA 17241 bas 1 ~~ SC~1Y11c M. L. Ebert, Jr., J. re ~c ,rc~F / 3\ 0~/ 2QD9 ~U~ 3 ! ~~ ~~ ! ! CJ~ti a .:~i'ai'1' 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 ~eter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES Civil Division SERIES 2007-RP 1 Plaintiff CUMBERLAND County v. No. 07-5298-CIVIL TERM DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR Defendants PRAECIPE TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on August 27, 2009 in the above referenced action. Phelan Hallinan & Schmieg, LLP DATE: (- 0 - ~~7 By: ^ Lawrence T. Phel Esq., Id. No. 32227 ^ Francis S. Hallin Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ y B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP 1 Plaintiff v. DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-5298-CIVIL TERM Defendants 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. DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 Phelan Hallinan & Schmieg, LLP DATE: I - ~- t~ ~ By: ^ Lawrence T. Phe ,Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Ja B. Jones, Esq., Id. No. 86657 eter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF F{LE~~~rlG~ ~OF ?~ ~: ~ r~;~~~~?TA~Y 2009 SEP -9 k~i I0~ 22 a s IYi1~.i~i4-•~~r~• :I..tt' ~:4v;iv.,7W I~~~ ~L..i~~~{ X41; ~~1'!'`a ~~ ~!'~. PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE COURT OF COMMON PLEAS C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 CIVIL DIVISION Plaintiff N0.07-5298-CIVIL TERM v. CUMBERLAND COUNTY DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR Defendant(s) PRAECIPE TO ENTER ORDER tz ~ To the Prothonotary: ~ ~ FTs ~ ~~ 3i Z`_' ~ Kindly enter the attached REASSESSMENT ORDER and AMEND THE JiJ~GMEAbT byer in favor of the Plaintiff and against DEBORAH L. FETTROW and DAVID S. FE~~.-RO~'AJI~; DAVID S. FETTROW, JR defendant(s). ~ ~ ~ ~~r .D L w ~~ As Set Forth in the Order $28,737.79 -. Attorney for PlairtEi€£' ~--~ 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 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ dith T. Romano, Esq., Id. No. 58745 [~Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ~f~•oo PA NTfi~ ~~ q (o3aa~ E~' ~/N31~c .,lAPi 2 8 2U~b IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES Civil Division SERIES 2007-RP 1 Plaintiff CUMBERLAND County vs. No. 07-5298-CIVIL TERM DEBORAH L. FETTROW DAVID S FETTROW A/K/A DAVID S. FETTROW, 7R Defendants ORDER AND NOW, this ~ day of ~~ , 2008, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED; that the Rule entered . upon Defendants shall b~. and is hereby nnade 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 Hunt pro font as follows: Principal Balance Interest Through March S, 2008 Per Diem $5.17 Late Charges Legal fees Cost of Suit and Title Sheriffs Sate Costs $21,217.66 $1,736.53 $56.04 $2,685.00 $1,676.00 ($0.00) ~~ ~ ~~ Property Inspections AppraisalBrokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $259.50 $100.00 $0.00 $0.00 E$o.0o) $1,007.06 $28,737.79 Plus interest from Mazch 5, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 158775 ~~~~ ~~'~~~ I ~~ rat u r.,~.~ iffy ~:~ '~l Q~ ~k:~C~ '4lii! ~° ~,.~a'~t~~, X91. ~~ arolhilnci~d IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Deborah L. Fettrow hapter 13 Debtor Litton Loan Servicing, LP as Servicer for U.S. Bank National Association, as Trustee for the C- Bass Mortgage Loan Asset-Backed Certificates, Series 2007-RPI, Movant, vs. Deborah L. Fettrow, Debtor /Respondent, and Charles J. DeHart, III, Trustee /Respondent. ORDER No.: 09-06812-MDF UPON CONSIDERATION of the Certificate of Default, it is hereby ORDERED and DECREED that MccallaRaymar is hereby granted relief from the automatic stay provided for by 11 U.S.C. X362 to permit Movant and/or its successors and/or assigns to take any and all action(s) necessary to enforce its rights as determined by state and/or other applicable law with regard to the real property known as and located at 231 South Side Drive,Newville,PA17241, including but not limited to proceeding with foreclosure against said property. By the Court, /w ~ ~~ W~ This document is electronically si,~med and filed ran the same date. Dated: May 20, 2010 Case 1:09-bk-06812-MDF Doc 72 Filed 05/20/10 Entered 05/20/10 09:40:02 Desc Main Document Page 1 of 1 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORF,CLOSURE) P.R.C.P. 3180-3183 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS COURT OF COMMON PLEAS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPl Plaintiff CIVIL DIVISION v DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/06/2008 to Date of Sale TOTAL O $a`~ .Op ~ A prt`/ S iH.v~ Cc~ 8~ S 7 ~ .5'~ r~ rr shy, oo ,~ .. fay Od ~, „ s ~ y, 0 0 ~. ~ 1,4 , 60 '' ~ r s~ 1 b. Ob ~ r ~, t L ;~ , r~ C/ r• S! ~dD. ,''i ~r 1 1 ,~ ~ 7~~.~~ r~~~7.7`J pd~~ Note: Please attach description of property. PHS # 158775 s~.OfJ ~~~ ~, NO. 07-5298-CIVIL TERM CUMBERLAND COUNTY n o 0 _;_~ 't7 ;`'} C T m~,: c_.~- iii l ::~ Ui r_~.l ~~ ~: 3, . -v t $28,737.79 ~' _-- ~ ` . , , , r 0.00 ~ r. c~ $28,737.79 ~. Attorney for Plaint'i'ff' ~" 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 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ dith T. Romano, Esq., Id. No. 58745 ~Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ~# 9 ro3~(o ~ (,~~t w O~ a ~' a~ oa F 0 U~ o° ~~a O~ U W ~1 U H w zd d O a w c7 d t~ U W H 0 w w w H a H .., da O~ MCI W O~ ~ F ~ ~ O~ zw x U .~ ~~- ~ a AU ~ ~ 3 °a H E^ W w A °a H3 o -, `. ~ F ~ a~~ v~ °' ~Q Wd AA O Y~I U a~ W F~, ~ 00 F ~ w 3° o~ w ~ a .~ 3 0 x H H w w v~ Q Q o> > ~ N x~N 3~N HQ W ~ o ~ ~ w a w a w Q ~ 3 xxr~i ~ ~ ~ wxui ~ ~ ~ ~, ~ O ~ Q O oNz ¢ QN~Z 0 N ~ N ~ p OHO N ~ ,~ M '~• ~ V ~ ~ o, o 00 M .-r ~ M ~ ~ p OHO ~ O M N ~ ~ ~ ~ ~ C'V O rs. ° G pz~'zo~orn~,r ~ o pbNO oz azZZbzti o oz~ ozz o;zzb ebb .~~zz ozb,~W~.~ s ~Ww'vWw a~~Wb a'Ww ~wW ~ .~ G cn~o ~ W W ~ W ~~ w~~ .o °' ~ U~ ~~wQ~•~ ova ~ ~~ ~U ~,v~.-,w>~--,ad~,UtiUQ Q a ~^^^^ ^~^^^~^0^^^ LEGAL DESCRIPTION ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road known as the Farm Road, a corner of land now or late of David Steigleman; thence by the center of said Road North 00 degrees 45 minutes West 245 feet to a stake on the northern side of the Peach Orchard Road on line of land now or late of Olmer Spence; thence by said land North 52 degrees 30 minutes East 150 feet to a point; thence recrossing the Peach Orchard Road and by land now or late of Thomas E. Meals South 8 degrees 30 minutes East 319 feet, more or less, to a point on line of land of Steigleman; thence by said land South 82 degrees 45 minutes West 165 feet to the place of BEGINNING. CONTAINING .96 acres more or less. UNDER AND SUBJECT, NEVERTHELESS, to easements, conditions and restrictions of prior record pertaining to said premises. TITLE TO SAID PREMISES IS VESTED IN David S. Fettrow, Sr., unremarried widower and Deborah L. Fettrow, single woman and David S. Fettrow, Jr., single man, as joint tenants with the right of survivorship, by Deed from David S. Fettrow, Sr., unremarried widower and Deborah L. Fettrow, single woman, dated 02/28/2002, recorded 03/04/2002, in Deed Book 250, page 3130. By virtue of the death of the said David S. Fettrow, Sr. on 10/11/03, David S. Fettrow A!K/A David S. Fettrow, Jr. and Deborah L. Fettrow became the sole owners of the mortgaged premises as surviving joint tenant with the right of survivorship. PREMISES BEING: 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241 PARCEL N0.31-13-0112-017 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 Plaintiff v. DEBORAH L. FETTROW Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.07-5298-CIVIL TERM CUMBERLAND COUNTY DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR Defendant(s) ~ a `_.. ~ ~ ~ CERTIFICATION ``~~' ~ n, - ~' The undersigned attorney hereby states that he/she is the attorney for the P laint~lr:n the aboi~~ _~aptioned matter and that the premises are not subject to the provisions of Act 91 because: "~: ~~- ( ) the mortgage is an FHA Mortgage ~ n ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. w By: Atto ey for Plaintiff 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 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ dith T. Romano, Esq., Id. No. 58745 ~eetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., [d. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua 1. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 Plain;,iff 1- v. DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, 3R Defendant(s) PHS # 158775 AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPl, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 231 SOUTH SIDE DRIVE, NFWViLLE PA 17241. ~ C N Q Name and address of Owner(s) or reputed Owner(s): ~ ~ ,...~ Name Address if address cannot be reasonabl ( Y _ ~'t_ rti ~ ~ «i ascertained, please so indicate) 1 ' --- rr, - rv ; -=, r DEBORAH L. FETTROW 23l SOUTH SIDE DRIVE ~ i NEWVILLE, PA 17241 ~~ . ~ ' ' - ~_ DAVID S. FETTROW 231 SOUTH SIDE DRIVE ~' ~ r- <r < AiK/A DAVID S. FETTROW, JR NEWVILLE, PA 17241 ` Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so 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 Address (if address cannot be reasonably ascertained, please indicate) PENN TOWNSHIP BOARD OF SUPERVISORS 1301 CENTERVILLE ROAD NEWVILLE, PA 17241 PENN TOWNSHIP BOARD OF SUPERVISORS 60 WEST POMFRET STREET C/O MARCUS A. MCKNIGHT, III CARLISLE, PA 17013-3222 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 6520 CARLISLE PIKE, SUITE 155 MECHANICSBURG, PA 17055 CITIFINANCIAL, INC. P.O. BOX 17170 BALTIMORE, MD 21203 Name and address of every other person who has any record lien on the properly: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) COURT OF COMMON PLEAS CIVIL DIVISION N0.07-5298-CIVIL TERM CUMBERLAND COUNTY 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 Address (if address cannot be ,~ reasonably ascertained, please indicate) TENANT/OCCUPANT 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 United States Internal Revenue 13th Floor, Suite 1300 Special Procedures Branch 1001 Liberty Avenue Federated Investors Tower Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 Commonwealth of Pennsylvania 6`h Floor, Strawberry Sq., Dept 28061 Bureau of Individual Tax Harrisburg, PA 17128 Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program ANNETTE M. FETTROW ANNETTE M. FETTROW C/O THOMAS M. PLACE, ESQUIRE 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 826 NORTH COLLEGE STREET CARLISLE, PA 17013 150 SOUTH COLLEGE STREET CARLISLE, PA 17013-2899 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 the penalties of 18 Pa. C.S.A. § 4904 relatingto unsworn falsification to authorities. June 12010 ~-. By: Attorney for Plaintiff 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 ^ Michele M. Bradford, Esq., Id. No. 69849 nth T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR COURT OF COMMON PLEAS ., THE C'-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 CIVIL DIVISION Plaintiff NO. 07-5298-CIVIL TERM vs. CUMBERLAND COUNTY DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR ~ ~ ``--r, Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY f <~ ~-, ~ . ,_ _~~:~'` ~>_~ uz TO: DEBORAH L. FETTROW s c.: _~_°, ~ DAVID S. FETTROW ~y ~:: ~~ ~ , ~ --~ , ' A/KiA DAVID S. FETTROW, JR ~ ` . 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 **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, 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 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $28,737.79 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 (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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by Palling 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.07-5298-CIVIL TERM U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPl vs. DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR owner(s) of property situate in PENN TOWNSHIP, Cumberland (Municipality) County, Pennsylvania, being 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241 (Acreage or street address) Parcel No. 31-13-0112-017 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $28,737.79 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road known as the Farm Road, a corner of land now or late of David Steigleman; thence by the center of said Road North 00 degrees 45 minutes West 245 feet to a stake on the northern side of the Peach Orchard Road on line of land now or late of Olmer Spence; thence by said land North 52 degrees 30 minutes East 150 feet to a point; thence recrossing the Peach Orchard Road and by land now or late of Thomas E. Meals South 8 degrees 30 minutes East 319 feet, more or less, to a point on line of land of Steigleman; thence by said land South 82 degrees 45 minutes West 165 feet to the place of BEGINNING. CONTAINING .96 acres more or less. UNDER AND SUBJECT, NEVERTHELESS, to easements, conditions and restrictions of prior record pertaining to said premises. TITLE TO SAID PREMISES IS VESTED IN David S. Fettrow, Sr., unremarried widower and Deborah L. Fettrow, single woman and David S. Fettrow, Jr., single man, as joint tenants with the right of survivorship, by Deed from David S. Fettrow, Sr., unremarried widower and Deborah L. Fettrow, single woman, dated 02128/2002, recorded 03/04/2002, in Deed Book 250, page 313 0. By virtue of the death of the said David S. Fettrow, Sr. on 10!11/03, David S. Fettrow A/K/A David S. Fettrow, Jr. and Deborah L. Fettrow became the sole owners of the mortgaged premises as surviving joint tenant with the right of survivorship. PREMISES BEING: 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241 PARCEL N0.31-13-0112-017 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-5298 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPI Plaintiff (s) From DEBORAH L. FETTROW AND DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR. (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$28,737.79 Interest FROM 03/06/2008 TO DATE OF SALE Atty's Comm Atty Paid $2257.79 Plaintiff Paid Date: JUNE 25, 2010 L.L. Due Prothy $2.00 Other Costs Davi .Buell, Prot onotary (Seal) REQUESTING PARTY: By: Deputy Name SHEETAL R. SHAH-JANI, ESQ. Address: PHELAN HALLINAN & SCHMIEG, LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZA, PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-700 Supreme Court ID No. 81760 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007- COURT OF COMMON PLEAS RPl Plaintiff, CIVIL DIVISION V. No.: 07-5298-CIVIL TERM DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.T. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (For 3817) and/or Certified Mail Return Receipt stamped by the U.S.`Postal Service is attachd* ereto Exhibit "A". , Date: to Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan,? Esq., Id. No. 62695 ? Daniel G. Schmieg,i Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., ;Ids No. 870,77 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., I'd. No, 202331 ? Jay B. Jones Esq., Id. No. 86657 ? Peter J. Mulcahy Esq.; Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness; Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldiman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Brambl'ett, Esq., ]d. No. 208375 Attorney for Plaintiff 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 theevent that arepresentative of the plaintiff is not present at the sale. PHS # 158775 F? E V ?i C r Ut i C ao wow a ? ? a y "71 45 En o z¢ ai O g •? rr i ? Y o H o £ 0 t 6 t aQOO dIZ WOW 0311VVI ? E r otoz t01n1• 85ZLLZG000 S f M ZO OZ" $ l - a 3 +•,m a o U ? y D • c O •a 3 c ? c E a " m E y c v a 'oc . E y m'? U ? G ' i O W1 CJ ? a ? N 7 UU ? o U O > O 'v .D O y 9 ;•(Nw `n D ,D {y ? O GO .O O N G O ? G 4:) kn t- 00 C o t: VJ u I N V ,,cc O O O V 1 V .> y7' 6 0 m w O a r.w ? E in ++ q aN ?N F V w°x ° Ow OwwN " S ? ?d ( :r O ? t: O ? x i v A , zw i1 r z >a?? ?? C vn? d c . u? ? ? 3F Oz 3u°r? ? Or? za ? z `C zW KtO c F`,.a w xw rr? O ?o oa .a z F, z ? a ., 0 p ,, ?? ° u ?u zz zoo z? ? Mw O?Q F NL z 7 W O ? d i z ? A r z G>K V ?t ? . r V G e< V (? -+N a0 V .-r V w F n> .f) I V_ ? D O T D ? H ? N s-i N M to 00 My Rr kn o Y . r N L Y L C C 0 P h F a. o b4 Yy N C? ? `C9 ? v y a C Q y Q ?, pa U . a a? .? ?p o z ss..-? O a. ®? H ?ol v? ?¢o -- T T ? v h a {y a Y1 s ©?s a 3a00d?z wo8Aa9Ijbw ?. N A OWN $ O ? .' ' C s3MOH A3Nlld+ ?. ? a ? rn W ? E) ?, iV 00 C1- p t E 6 ? h a c 0.? E ? w E H N U A 0.W o y O V O_ n N O F ? n o n a.? 00 O C 5 ? } Ifj .-1 N C.a.c": o ) r c ? . a v i O N ? m a Cz7 L < w t? fs+ W v ? , a C s; o A? •o { . ro d ? I ? o L >.. N C a C vv+ C.+ .. N Q [N? O u ` ? O . tC ? . o W N y 7J ? p N . .? ;y, N .. N L G7 . V tw W 'ti Cl - A . ^"S . Vl ?. C L N3 ,-. w N t? O h. M O N L Vi L? N w .J~ .-' a i-+ ll. >W ro> L H w "?' L , H N 6D1 ( L M b M y, A ti . : V A +, o> o ,? o? c d ?w [ o y> w.q d d q o y`'"d r x ea 3d wr " o a> G Y`7 LQ `+ b U ro o? d . ? f"? ? V µ p.l ?.. C '? d N L ? L 'b L U .C ro L?? L ? w V C/7 L ,? H L ,C'" y "%' C?.7 00 ro L 0 o .. o w O Y.i ? L? +-? y +.• W C YS O O ,? O .G ?i v o O CQ ? o q o? CSI Y 6 W YF O O L y ? '?' o ? z o .Q ? o E ro PO .L ? ;ea L L% ? a G1 d x`?, ?' X ? ro _c ? C i ? Ya o L L U v W ? ? ?, E cC ,, 6 EZ :. OO ca 6 O? CK 'C4 61 ?' 00 ?? ro E i ?kr O O? ro . w O v ro G 5 Z E-r?Z A V . . M p A. pNx U??ua? t=.?°is d 4 AH W s:x Na ? N w T 7 "a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor F OF THE PROTHONOTARY 2011 MAP 23 PM 12: 4 7 CUMBERLAND COUNTY PENNSYLVANIA U.S. Bank National Association, As Trustee for the vs. Deborah L Fettrow (et al.) Case Number 2007-5298 SHERIFF'S RETURN OF SERVICE 10/08/2010 07:05 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 1905 at 1905 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 Deborah L. & David S. Fettrow, located at, 231 South Side Drive, Newville, Cumberland County, Pennsylvania according to law. 10/26/2010 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/5/2011 11/0912010 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: David S. Fettrow, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 231 South Side Drive, Newville, PA 17241, defendant could not be located at address stated prior to service expiration date. 11/09/2010 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Deborah L. Fettrow, but was unable to locate the Defendan- in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 231 South Side Drive, Newville, PA 17241, defendant could not be located at address stated prior to service expiration date. 12/15/2010 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011 03/23/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg 3/22/11 SHERIFF COST: $793.57 March 23, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Pd - Co ? C9 5? (c; Co nt,Suite Shelff Teeoroft. Ir•:.c. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR COURT OF COMMON PLEAS THE C-BASS MOkTGAQE LOAN ASSET-BACKED CERTIFICITES SERIES 2007-VP1 CIVIL DIVISION Plaintiff V. NO. 07-5298-CIVIL TERM DEBORAH L. FETTROW CUMBERLAND COUNTY DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR Defendant(s) PHS # 158775 AFFIDAVIT PURSUANT TO RULE 31291 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241. Name and address of Owner(s) or reputed Owner(s): Name 2. 6. DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) PENN TOWNSHIP BOARD OF SUPERVISORS 1301 CENTERVILLE ROAD NEWVILLE, PA 17241 PENN TOWNSHIP BOARD OF SUPERVISORS 60 WEST POMFRET STREET C/O MARCUS A. MCKNIGHT, III CARLISLE, PA 17013-3222 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 6520 CARLISLE PIKE, SUITE 155 MECHANICSBURG, PA 17055 CITIFINANCIAL, INC. P.O. BOX 17170 BALTIMORE, MD 21203 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be None. reasonably ascertained, please indicate) 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 Addi None. ess (if address cannot be reasonably ascertained, please indicate) 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6th Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program ANNETTE M. FETTROW ANNETTE M. FETTROW C/O THOMAS M. PLACE, ESQUIRE 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 826 NORTH COLLEGE STREET CARLISLE, PA 17013 150 SOUTH COLLEGE STREET CARLISLE, PA 17013-2899 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 the penalties of 18 Pa. C.S.A. § 4904 relatin to unworn falsification to authorities. June 2010 By. Attorney for Plaintiff 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 E] Michele M. Bradford, Esq., Id. No. 69849 ith T. Romano, Esq., Id. No. 58745 L-j Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPI COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff NO. 07-5298-CIVIL TERM VS. CUMBERLAND COUNTY DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR 231 SOUTH SIDE DRIVE NEWVILLE, PA 17241 "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, 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 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $28,737.79 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 (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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 PROPER EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1, If the Sheriff's Sale is 'rot stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 21'5-563-7000. 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 07-5298-CIVIL TERM U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPI vs. DEBORAH L. FETTROW DAVID S. FETTROW A/K/A DAVID S. FETTROW, JR owner(s) of property situate in PENN TOWNSHIP, Cumberland (Municipality) County, Pennsylvania, being 231 SOUTH SIDE DRIVE NEWVILLE PA 17241 (Acreage or street address) Parcel No. 31-13-0112-017 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $28,737.79 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road known as the Farm Road, a corner of land now or late of David Steigleman; thence by the center of said Road North 00 degrees 45 minutes West 245 feet to a stake on the northern side of the Peach Orchard Road on line of land now or late of Olmer Spence; thence by said land North 52 degrees 30 minutes East 150 feet to a point; thence recrossing the Peach Orchard Road and by land now or late of Thomas E. Meals South 8 degrees 30 minutes East 319 feet, more or less, to a point on line of land of Steigleman; thence by said land South 82 degrees 45 minutes West 165 feet to the place of BEGINNING. CONTAINING.96 acres more or less. UNDER AND SUBJECT, NEVERTHELESS, to easements, conditions and restrictions of prior record pertaining to said premises. TITLE TO SAID PREMISES IS VESTED IN David S. Fettrow, Sr., unremarried widower and Deborah L. Fettrow, single woman and David S. Fettrow, Jr., single man, as joint tenants with the right of survivorship, by Deed from David S. Fettrow, Sr., unremarried widower and Deborah L. Fettrow, single woman, dated 02/28/2002, recorded 03/04/2002, in Deed Book 250, page 3130. By virtue of the death of the said David S. Fettrow, Sr. on 10/11/03, David S. Fettrow A/K/A David S. Fettrow, Jr. and Deborah L. Fettrow became the sole owners of the mortgaged premises as surviving joint tenant with the right of survivorship. PREMISES BEING: 231 SOUTH SIDE DRIVE, NEWVILLE, PA 17241 PARCEL NO. 31-13-0112-017 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-3818 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC MORTGAGE SERVICES, INC, Plaintiff (s) From GEORGE DEIHL a/k/a GEORGE L. DEIHL & RESHENDALENE L. DEIHL a/k/a RESHENDALENE DEIHL (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 $108,790.12 L.L.$.50 Interest from 7/20/10 to 12/8/10 @ $17.88 -- $2,251.08 Atty's Comm % Due Prothy $2.00 Atty Paid $208.50 Plaintiff Paid Date: 8/2/10 Other Costs David D. Buell, JProtnotary (Seal) By: Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA, Known and numbered as, 634 Walnut Bottom Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: LL,hdA-?, &" d state Coordinator The Patriot-News Co. 2020 Technology. Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE z4fPahiot•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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she 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: 2007-5298 Civil Tenn U.S. Bank National Association, 10/15/10 As 7lrustee for the, C-Bass Mortgage Loan Asset-Backed 10/22/10 Certificates, Swiss 2007-RP1 Vs ( 10/29/10 Deborah L Fettrow \ David S Fettrow, We David S. Fettrow Jr ............ ??• t ... . Atty: Daniel G Schmleg By virtue of a Writ of Execution NO. 07-5298-CIVIL TERM Sworn to and st scribed before me this 10 day of 'vember, 2010 A.D. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE i LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPl - ---• VS. Notary Public DEBORAH L. FETTROW DAVID S. FETTROW AIKIA DAVID S. FETTROW, JR COMMONWEALTH OF PENNSYLVANIA -i owner(s) of property situate in PENN ` Notarial Seal TOWNSHIP, Cumberland Sherrie L. Kisner, Notary Public (Municipality) ?_oriver Paxton Twp., Dauphin County I! County, Pennsylvania, being I My Commission Expires Nov. 26, 2011 i 231 SOUTH SIDE DRIVE, NEWVILLE, PA Member pennsVivania Association of Notaries 17241 (Acreage or street address) Parcel No. 31-13-0112-017 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $28,737.79