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HomeMy WebLinkAbout07-7637PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 166961 AURORA LOAN SERVICES LLC 601 5TH AVENUE SCOTTSBLUFF, NE 69361 Plaintiff V. JAMES R. BRANNAN JOHN J. HAUGHNEY 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01 -107 OCUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 166961 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 166961 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 #: 166961 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 #: 166961 1. Plaintiff is AURORA LOAN SERVICES LLC 601 5TH AVENUE SCOTTSBLUFF, NE 69361 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES R. BRANNAN JOHN J. HAUGHNEY 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/10/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR HOME LOAN CENTER, INC. DB/A, LENDING TREE LOANS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1924, Page: 1405. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 166961 6. The following amounts are due on the mortgage: Principal Balance $307,000.00 Interest $10,937.16 07/01/2007 through 12/18/2007 (Per Diem $63.96) Attorney's Fees $1,325.00 Cumulative Late Charges $1,055.34 09/10/2005 to 12/18/2007 Cost of Suit and Title Search $750.00 Subtotal $321,067.50 Escrow Credit ($1,206.57) Deficit $0.00 Subtotal 1 206.57 TOTAL $319,860.93 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 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 #: 166961 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $319,860.93, together with interest from 12/18/2007 at the rate of $63.96 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP BY \ )NO FRANCIS S. HA SQUIRE DANIEL G. SCH IE , ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 166961 LEGAL DESCRIPTION ALL THAT CERTAIN lot in the property known, named and identified in the Declaration, referred to below, as 'Ashcombe Farms North', located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 PA. C.S.A> 5101 et seq., by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Ashcombe Farms North ('Declaration'), dated August 7, 1997, recorded August 8, 1997, Miscellaneous Book 554, Page 151, being and designated in such Declaration as Lot No. 4, described in Exhibit E of the Declaration. CONTAINING 16,536.45 square feet. BEING Lot No. 4, Ashcombe Farms North Final-Phase I site Plan, dated August 8, 1996, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 73, Page 12. PARCEL NO: 42-11-0276-092 PROPERTY BEING: 1175 FLEMING DRIVE File #: 166961 VERIFICATION I hereby state that I am the 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 I am 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 my 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. 1AA -I- - I Attorney for Plaint' ?-a DATE: 1? `? 6 R? o- J Wit: [, .--. ; . . z _ ?? r L SHERIFF'S RETURN - REGULAR CASE NO: 2007-07637 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES LLC VS BRANNAN JAMES R ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRANNAN JAMES R the DEFENDANT , at 1928:00 HOURS, on the 8th day of January , 2008 at 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 by handing to JOHN J HAUGHNEY ADULT IN CHARGE 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 illy/08 q So Answers: 18.00 8.64 00 f . 10.00 R. Thomas Kline 00 36.64 01/10/2008 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to before me this of By. day Deputy She f A. D. 6 SHERIFF'S RETURN - REGULAR CASE NO: 2007-07637 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES LLC VS BRANNAN JAMES R ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NATTC.NNRY Tnwm T the DEFENDANT at 1928:00 HOURS, on the 8th day of January , 2008 at 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 by handing to JOHN H HAUGHNEY 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 V 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/10/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sh ff A. D. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 AURORA LOAN SERVICES LLC 601 5TH AVENUE SCOTTSBLUFF, NE 69361 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. JAMES R. BRANNAN 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 CIVIL DIVISION NO. 07-7637-CIVIL TERM JOHN J. HAUGHNEY 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 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 JAMES R. BRANNAN and JOHN J. HAUGHNEY, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/19/07 to 2/19/08 TOTAL $319,860.93 $4,029.48 $323,890.41 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 1 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO ROTHY 166961 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 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICES LLC V. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS JAMES R. BRANNAN JOHN J. HAUGHNEY Defendant(s). CIVIL DIVISION NO. 07-7637-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 JAMES R. BRANNAN is over 18 years of age and resides at, 1175 FLEMING DRIVE, MECHANICSBURG, PA 17055. (c) that defendant JOHN J. HAUGHNEY is over 18 years of age, and resides at, 1175 FLEMING DRIVE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AURORA LOAN SERVICES LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. JAMES R. BRANNAN JOHN J. HAUGHNEY Defendant(s). NO. 07-7637-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: If you have any questions concerning this matter, please contact: 1) DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 AURORA LOAN SERVICES LLC Plaintiff Vs. JAMES R. BRANNAN JOHN J. HAUGHNEY Defendants TO: JOHN J. HAUGHNEY 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: JANUARY 29, 2008 COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY NO. 07-7637 CIVIL TERM I-rl ??7py THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 SON SEIDMAN, Legal Assistant PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) S63-7000 AURORA LOAN SERVICES LLC Plaintiff Vs. JAMES R. BRANNAN JOHN J. HAUGHNEY Defendants COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY , NO. 07-7637 CIVIL TERM j TO: JAMES R. BRANNAN 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: JANUARY 29.2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 JASON SEIDMAN, Legal Assistant n ?-, ? ?_ ? ?? -,-, ?. -.? ?; ??J z w ?=, --, - «?.. ?, ?? ? =?? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 AURORA LOAN SERVICES LLC Plaintiff, V. JAMES R. BRANNAN JOHN J. HAUGHNEY Defendant(s). No. 07-7637-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $323,890.41 Interest from 2/20/08 TO 6/11/08 (per diem -$53.24) Add'1 Costs TOTAL $6,016.12 and Costs $1,803.50 $331,710.03 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 166961 w? 04 wa U zz w ?a vz ? pO o a w? 54, < U zz ?a ?x ?o 0 H WU W w O 3 0 w w a w a 0 0 w 0 0 0 r r ? d as as as ?a UU zz xx ' ww ww '? A A w as ww Sri CO) 2 b .? w b rA a 3 a, LEGAL DESCRIPTIOIN ALL THAT CERTAIN lot in the property known, named and identified in the Declaration, referred to below, as'Ashcombe Farms North', located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 PA. C.S.A> 5101 et seq., by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Ashcombe Farms North ('Declaration'), dated August 7, 1997, recorded August 8, 1997, Miscellaneous Book 5511, Page 151, being and designated in such Declaration as Lot No. 4, described in Exhibit E of the Declaration. CONTAINING 16,536.45 square feet. BEING Lot No. 4, Ashcombe Farms North Final-Phase I site Plan, dated August 8, 1996, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 73, Page 12. TITLE TO SAID PREMISES IS VESTED IN James R. Brannan and John J. Haughney, as joint tenants with the right of survivorship and not as tenants in common, by Deed from Richard H. Turner and Jeannie Turner, his wife, dated 02/1612000, recorded 02117/2000, in Deed Book 216, page 355. BEING PREMISES: 1175 FLEMING DRIVE, MECHANICSBURG, PA 17055 BEING PARCEL NO. 42-11-0276-092 -,G9. • c ??dg?o F ? r ? n r RV QY y z? amt ?,?? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7637 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AURORA LOAN SERVICES, LLC. Plaintiff (s) From JAMES R. BRANNAN AND JOHN J. HAUGHNEY (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 $323,890.41 L.L. $.50 Interest FROM 2/20/08 TO 6/11/08 (PER DIEM $53.24) -- $6,016.12 AND COSTS Atty's Comm % Atty Paid $171.64 Plaintiff Paid Date: MARCH 3, 2008 (Seal) Due Prothy $2.00 Other Costs ADD'L COSTS - - $1,803.50 6)"R?z Curti . Long, P onotary By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 AURORA LOAN SERVICES LLC Plaintiff, V. JAMES R. BRANNAN JOHN J. HAUGHNEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7637-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) AURORA LOAN SERVICES LLC, 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 ,1175 FLEMING DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name JAMES R. BRANNAN JOHN J. HAUGHNEY Last Known Address (if address cannot be reasonably ascertained, please indicate) 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 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) None 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) ASHCOMBE FARMS NORTH 301 MARKET STREET OWNER'S ASSOCIATION LEMOYNE, PA 17043-1662 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 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 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. February 19, 2008 . DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff P NO ? _.„ co ?? 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 AURORA LOAN SERVICES LLC Plaintiff, V. JAMES R. BRANNAN JOHN J. HAUGHNEY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7637-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. - L I DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ? r t? CIO AURORA LOAN SERVICES LLC Plaintiff, V. JAMES R. BRANNAN JOHN J. HAUGHNEY Defendant(s). CUMBERLAND COUNTY No. 07-7637-CIVIL TERM February 19, 2008 TO: JAMES R. BRANNAN 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 JOHN J. HAUGHNEY 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY" Your house (real estate) at, 1175 FLEMING DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $323,890.41 obtained by AURORA LOAN SERVICES LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. Y I . If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTIOIN ALL THAT CERTAIN lot in the property known, named and identified in the Declaration, referred to below, as 'Ashcombe Farms North', located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 PA. C.S.A> 5101 et seq., by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Ashcombe Farms North ('Declaration'), dated August 7, 1997, recorded August 8, 1997, Miscellaneous Book 5511, Page 151, being and designated in such Declaration as Lot No. 4, described in Exhibit E of the Declaration. CONTAINING 16,536.45 square feet. BEING Lot No. 4, Ashcombe Farms North Final-Phase I site Plan, dated August 8, 1996, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 73, Page 12. TITLE TO SAID PREMISES IS VESTED IN James R. Brannan and John J. Haughney, as joint tenants with the right of survivorship and not as tenants in common, by Deed from Richard H. Turner and Jeannie Turner, his wife, dated 02/16/2000, recorded 02/17/2000, in Deed Book 216, page 355. BEING PREMISES: 1175 FLEMING DRIVE, MECHANICSBURG, PA 17055 BEING PARCEL NO. 42-11-0276-092 W .f +4. N !` PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 AURORA LOAN SERVICES LLC Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County JAMES R. BRANNAN JOHN J. HAUGHNEY No. 07-7637 CIVIL TERM 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 December 20, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on March 3, 2008 in the amount of $323,890.41. 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 June 11, 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 $307,000.00 Interest Through June 11, 2008 $21,737.07 Per Diem $63.08 Late Charges $1,055.34 Legal fees $1,325.00 Cost of Suit and Title $1,159.00 Sheriffs Sale Costs $0.00 Property Inspections $36.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($1,206.57) Escrow Deficit $0.00 TOTAL $331,105.84 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 March 25, 2008 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, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: TMiiche a 1' eg, LLP By: M. Bradford, , Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 AURORA LOAN SERVICES LLC Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County JAMES R. BRANNAN JOHN J. HAUGHNEY No. 07-7637 CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JAMES R. BRANNAN and JOHN J. HAUGHNEY executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1175 FLEMING DRIVE, MECHANICSBURG, PA 17055. 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 Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give 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 Mortgage Corp v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to 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 Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the 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 Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 4461 el 1 ' I!, LLP By: ichele M. Bra for , quire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL, G. SCHMIEG, ESQ., Id. No. 62205 MICFIELE M. BRADFORD, ESQ., Id. No. 69849 SHEF.TAL SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL, E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 166961 AURORA. LOAN SERVICES LLC 601 5TH AVENUE SCO"1"1-SBLUFF, NE 69361 Plaintiff V. JAMES R. BRANNAN JOHN J. HAUGHNEY 1175 FI,EMING DRIVE MECHANICSBURG, PA 17055 Defendants ? ? O srt r T- -r . . m ? VJ ?l N O Q c: -? ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ol, -,74-3 7 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE URN File tl 166961 ,ma oleo Teco NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE T141S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE, A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICF CAN PROVIDE YOU WITH INFORMATION ABOUTHIRING A LAWYER. 11, YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY ICE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 ($00)990-9108 Fite 9. 166961 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 4: 166961 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 OIL THE ORIGINAI. 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. Pilc N: 166961 1. Plaintiff is AURORA LOAN SERVICES LLC 601 5T1I AVENUE SCOTTSBLUFF, NE 69361 2. The name(s) and last known address(es) of the Defendant(s) are: JAMI ?S R. BRANNAN JOHN J, HAUGHNEY 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/10/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR HOME LOAN CENTER, INC. D/13/A, LENDING TREE LOANS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1924, Page. 1405. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File N: 166961 6 The following amounts are due on the mortgage: Principal Balance $307,000.00 Interest $10,937.16 07/01/2007 through 12/18/2007 (Per Diem $63.96) Attorney's Fees $1,325.00 Cumulative Late Charges $1,055.34 09/10/2005 to 12/18/2007 Cost of Suit and Title Search 7? 50.00 Subtotal $321,067.50 Escrow Credit ($1,206.57) Deficit $0.00 Subtotal ($1,206.57) 'I'OTAL $319,860.93 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 are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attomey'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. Pile #: 166961 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum oi' $319,860.93, together with interest from 12/18/2007 at the rate of $63.96 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: t NO FRANCIS S. HA ,SQUIRE DANIEL G. SCH IE , ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JAN I, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff Filc k: 166961 LEGAL DESCRIPTION ALL, THAT CERTAIN lot in the property known, named and identified in the Declaration, referred to below, as 'Ashcombe Farms North', located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 PA. C.S.A> 5101 et seq., by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Ashcombe Farms North ('Declaration'), dated August 7, 1997, recorded August 8, 1997, Miscellaneous Book 554, Page 151, being and designated in such Declaration as Lot No. 4, described in Exhibit E of the Declaration. CONTAINING 16,536.45 square feet. BEINU Lot No. 4, Ashcombe Farms North Final-Phase I site Plan, dated August 8, 1996, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 73, Page 12. PARCF.I, NO: 42-11-0276-092 PROPERTY BEING: 1175 FLEMING DRIVE File #: 166961 VERIFICATION I hereby state that I am the 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 I am 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 my 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. A, AA -r- Attorney for Plaint R4 0 DATE: ?? 6 Exhibit "B" PHELAN HALLINAN & SCHMIEG, I,.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 PHILADELPIIIA, PA 19103-1814 (115) 563-7000 AURORA LOAN SERVICES LLC 601 5TH AVENUE SCOT TSBLUFF, NE 69361 V. Plaintiff, JAMES R, BRANNAN 1175 FLEMING DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-76371 1TE$M ILI EA , MECHANICSBURG, PA 17055 n n JOHN J. HAUGIINEY ` - 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 Defendant(s). , PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES . I' '- TO THE PROTHONOTARY: Kindly enter an in rein judgment in favor of the Plaintiff and against JAMES R. BRANNAN and JOHN J. HAUGHNEY, Defend#MMkW- 66e &Tft ari Answer to Plaintiffs Complaint within 20 days from service thereof and for Forjt_11M afid-Uk of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint interest from 12/19/07 to 2/19/08 TOTAL $319,860.93 $4,029.48 $323,890.41 1 hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in ac ca ; ee , rx11b.", i 1e 237. 1, copy attached. J rt iy1 41 - f l IY:..i?. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ?Z' PRO ROTHY 166961 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 March 25, 2008 JAMES R. BRANNAN JOHN J. HAUGHNEY 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 RE: AURORA LOAN SERVICES LLC vs. JAMES R. BRANNAN and JOHN J. HAUGHNEY Premises Address: 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 07-7637 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 March 30, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Vyours, VMBd or Esquire For Phelan Hallinan & Schmieg, LLP Enclosure d W E4 66 3oO-dfZ waa3 a3tttiW 6`m 06084W4 Z 800Z 5Z 0 aw4` s?y?pN J13Fi?V j` a 1 t ID P+ _ W I a w r- IC V ?x Y O "" b a ? 40 V? a a ? pQ., d p[? 'Z U. Q,, a Q ? L ? N ?Qo o. o C O d y ? y r V G ? ? N u C xv 7 H O N N Va O• C ? 23 X O G V W ? w N y v -Opp p? O J 7 N O ? O N N ? A y np pp¢ C E w C.n .<<.. O O O 3 ypp U u r?/j? tC ? M_ '?U G O N P I ?, M NOp ?s?wcL C Ci w ?o a? v? aO o ? ? y z .? o? p N h u d H'w r, r r N cn O r r 00 N cn '? w 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. DATE: V 0 PMi LLP By: Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 AURORA LOAN SERVICES LLC Plaintiff vs. JAMES R. BRANNAN JOHN J. HAUGHNEY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7637 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. JAMES R. BRANNAN JOHN J. HAUGHNEY 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 =M. i LP DATE: 3 Q By: squire Attorney for Plaintiff . C`} _, `?-7 :x f ,. ,,?''? _ r _ ?,;`) - _,i ,.. -- ;`r'l ?? :.3 " _ ^'•, f APR 0 320D8? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AURORA LOAN SERVICES LLC Plaintiff vs. JAMES R. BRANNAN JOHN J. HAUGHNEY Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 07-7637 CIVIL TERM RULE AND NOW, this day of 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. 4 A' Rule Returnable on the 14 day of 0016- 2008, at 16" 'S! in skc-1'vfz!" $6 Courtroom of the Cumberland County Courthouse, Harrisburg, Pe B T J. AMES R. BRANNAN JOHN J. HAUGHNEY 1 175 FLEMING DRIVE MECHANICSBURG, PA 17055 Michele M. Bradford, Esquire elan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford(2fedphe.com 166961 AiNn, 9 t :6 Nb 8- M 8001 301..-40 WId 14 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 AURORA LOAN SERVICES LLC : Plaintiff vs. JAMES R. BRANNAN JOHN J. HAUGHNEY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7637 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 May 9, 2008 was sent to the following individual on the date indicated below.. JAMES R. BRANNAN JOHN J. HAUGHNEY 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 LL P P e raai qM DATE: B Michele Attorney for Plaintiff ? ? _ ° ?'' ?' ? - ., . ;, ? ? ?; ?y =q T? c ?P ? ° ? ?..:1 s . . ?? AURORA LOAN SERVICES, LLC. Plaintiff VS. JAMES R. BRANNAN AND . JOHN J. HAUGHNEY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7637 Civil Term ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at Oral Argument on Plaintiff's Motion to Reassess Damages on May 9, 2008 at 10:45 a.m. in Courtroom No. 3 of the Cumberland County Courthouse, Carlisl , P nnsylvania. Date: April 18, 2008 ?),/, a A Dale F. Sh t, Jr. Supreme Court .D 19373 10 west High treet Carlisle, PA 17013 (717) 241-4311 CC: Michele M. Bradford, Esquire James R. Brannan John J. Haughney y?i? ?.?- ?? r • F• AFFIDAVIT OF SERVICE PLAINTIFF AURORA LOAN SERVICES LLC CUMBERLAND COUNTY No. 07-7637-CIVIL TERM DEFENDANT(S) JAMES R. BRANNAN JOHN J. HAUGHNEY SERVE JAMES R. BRANNAN AT: 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 ACCT. #166961 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 11, 2008 SERVED Served and made known to A'?' `'S ngf?..?rt? , Defendant, on the day of tl , 200 at 7 , t i , o'clock fl.m., at AAJC C`VA-"? g `0 L"z?Z- Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. ?-Adult family member with whom Defendant(s) reside(s). Name and Relationship is m' 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 L(d`ci ' Height t Weight t t v Race W Sex y' Other a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and su ibed befo a is of , 200 Notary: By: PLE SE ATTEMPT SE ICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. COMMONWEALTH OF PENNSYLVANIA NOT SERVED NOTP, ;,EAL -7 i On the THQt f? 4 Pub1400_ at o'clock _.m., Defendant NOT FOUND because: Cb S5i s A'r, +ruer3(f 2Q1A„ Move Vacant 1st Attempt: Time: 3rd Attempt: / / Timer Sworn to and subscribed before me this day of , 200_. Notary: 2nd 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 (215) 563-7000 3 zsz 'TJ "y7 AFFIDAVIT OF SERVICE 4 CUMBERLAND COUNTY PLAINTIFF AURORA LOAN SERVICES LLC / No. 07-7637-CIVIL TERM DEFENDANT(S) JAMES R. BRANNAN JOHN J. HAUGHNEY ACCT. #166961 SERVE JOHN J. HAUGHNEY AT: Type of Action 1175 FLEMING DRIVE - Notice of Sheriffs Sale MECHANICSBURG, PA 17055 Sale Date: JUNE 11, 2008 SERVED ?p Served and made known to Duff,, A- -3 Defendant, on the ? day of , 20a? , at o'clock?.m., at I (CS C sue, h C? //4?fC-X4`2 , LS ( ,lc? Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age [{o• YS Height r'o Weight I q, Race L4"' Sex t" Other I, Tffi?`> > tt?AX , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Swo to ands tbed be r m h' of , 200 Notary: By: C01? Swl E AT LEAST 3 TI ES. INDICATE DATES & TIMES OF SERVICE wu+ttA ATTEMPTED. 'j THQWZ17' ?A'bgC NOT SERVED WC, itytlffa?r:i?? ounty omrnis r ,h ?"t??ruary4, 2010 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Z,zz ? :a C ? ,?- . -; . -^cA f i? ? lJ ? ?'. CA.1 - ??! ?,'. E? - .., Z°:; ?ft SALE DATE: JUNE 11, 2008 IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AURORA LOAN SERVICES LLC VS. JAMES R. BRANNAN JOHN J. HAUGHNEY No.: 07-7637-CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE 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: 1175 FLEMING DRIVE, MECHANICSBURG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given 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 attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. 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. 4AA DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff :> ? -- r-a r.--y ?r? cam `-i?? "`? _ ??,, ?? ... - } _. ?? a... .?. Yr.y1 ?t»± 4t AURORA LOAN SERVICES LLC CUMBERLAND COUNTY Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7637-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) AURORA LOAN SERVICES LLC, 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 ,1175 FLEMING DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): V. Plaintiff, JAMES R. BRANNAN JOHN J. HAUGHNEY Name JAMES R. BRANNAN JOHN J. HAUGHNEY Last Known Address (if address cannot be reasonably ascertained, please indicate) 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 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) Chase Bank USA, NA 3700 Wiseman Boulevard San Antonio, TX 78251 Chase Bank USA, NA c/o James C. Warmbrodt, Esquire 2718 Koppers Building, 436 Seventh Avenue Pittsburgh, PA 15219 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) None It 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) ASHCOMBE FARMS NORTH OWNER'S ASSOCIATION 301 MARKET STREET LEMOYNE, PA 17043-1662 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 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 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. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff a w w w O x ° W •o an cU U va .n o 00 c C 2 ? •? a Q a? a a? rs.O`Oa ^? L 67 E 'zs ? zdo _ 61 3oood z vuoad n s 6?y? 8nn3? o• 0 LC?? 6 Z?OC?C? Wl 'U a o U d 4V $ L To ? 5{r [iu IN,ti "??- au?axr ,,s s C Z o p .Sa ?o y E ? SOd9 3? ?7E? F o ?^ c x ? E w .g ? COi O ? ? N U L a a y C, U ? i° E v E G C tu E v, Q ? a' 'So x E W "x ` w y v E 9 h ? ? m ? • •--. C C E C ?n > ? O a U .? U . as M cd E ZIP, ° S N V N '" ? G . ° w _cw cow ry ? , E o ? o a ? •L ? ? ? U.E ?9 - p % v -? 0 00 G a? v, o .na 3 Wa c . ¢ ?x Q x K , W S •o` ? c^i N sue. f"'' • ? E"" N U ? a ct w o aS ?Q w ^- ? z lp O - d a° w + C) z F. w a a? ? 3 ? j O ? p w <¢ N ti o h C ?? ¢ a - . "4"4 ? o? ?? U' Q ? z z n ¢H WZ?? z ??¢ ? ? UC7? ? 3 ?Q 4.. c oop E?A , W Z o OE?;?Ov] cn WFGn Z 0 p o 7 w U ? ? x ? ? ? d OWQ Oft, ¢ W? Ors i^ Q) V] p W ¢ 5 z UQA. CCU U F"- d E 7 z d ? V v Q O ? ? N M er i/1 ? h 00 O? O? .--. •?. M ? kn -? ? y ry w Ls. £ 0 L 6 L 3000 d1Z w08d 0311VYI 8002 SZavN 06081Zb000 OOVZO $ vu Z0 3 ^53M09 A3ff11d G y '%d Sly a a w w x ° U o ? a ? H b =3 0 0 ? I? d ? ? L Vl y y v N z d ? d ? 00 r W U uN?tP a?'Q UM z W d Z a? v 4 {41 ':. U U 6 O'y v 'fy ti 'O O ? Q U N ?y N o; A A ? K' o ? GW... v U O O .u. " cAd c a? ?v m W G Y W ? v u ? 0 [S, ? ?Ho ou y" ? U ry N ? u O A ? :O w a.o m A u o > o °a c ?.- O N O U F,. V1 ?. w d O O N y .0 ? P a ?z 'J w l ?J 1 a w Q V 00 i z U v o? _ zN r- ? M ? ? __ ' ..? C.' ?? ? ..,-, ?r +T\ r._ L,?? .. L.? a ?1?. ?, - a .f ?a ` .) ???,? 4.. ?. TH OF PENNSYLVANIA UNTY OF CUMBERLAND ISS: I, obert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FEDERAL HOME LOAN MTG CORP is the grantee the same having been sold to sad grantee on the 11 day of JUNE A.D., 2008, under and by virtue of a writ Execution issued on the 3 day of MARCH, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, M7 Number 7637, at the suit of AURORA LOAN SERVICES LLC against JAMES R is duly recorded as Instrument Number 200820738. IN TESTIMONY WHEREOF, I have hereunto set my hand -41 an d Llof said office this day of A.D. adV17 of Deeds Hecnrd06f L).-3d&, CU[WeaaW CoWly. CaAft, PA 1Y OommfUM E*m to Fist WrIftY d Jm.2010 Auro?a Loan Services, LLC vs R. Brannan and John J. Haughney In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-7637 Civil Term Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 11, 2008 at 1300 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: James R. Brannan and John J. Hau ey by making known unto John Haughney personally and adult in charge for James Brannan at 1175 Fleming Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 04, 2008 at 0850 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and desc ption, in the above entitled action, upon the property of James R. Brannan and John J. Haug ey located at 1175 Fleming Drive, Mechanicsburg, Cumberland County, Pennsylvania accor dine to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: James R. Brannan and John J. Haughney by regular mail to their last known address of 1175 Fleming Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of April 17, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue: or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of 8200 Jones Branch Drive, McLean, VA 22102, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $979.44. Sheris Costs: Docketing 30.00 Poundage 19.21 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 21.12 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 339.38 Share of bills 14.73 Distribution of proceeds 25.00 4 a r Sheri s deed 39.50 $979.44 (,'a ?- ? y yes ?cu iD123 So R. Thomas Kline, Sheriff BY\ Real AURORA LOAN SERVICES LLC Plaintiff, V. JAME R. BRANNAN JOHN J. HAUGHNEY Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 1 Name LOAN SERVICES LLC, Plaintiff in the above action, by its attorney, DANIEL G. J, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the information concerning the real property located at ,1175 FLEMING DRIVE, and address of Owner(s) or reputed Owner(s): JAMES R. BRANNAN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7637-CIVIL TERM Last Known Address (if address cannot be reasonably ascertained, please indicate) 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 JOHN ?. HAUGHNEY 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 i 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. Na* and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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) ASHCO BE FARMS NORTH OWNER'S ASSOCIATION 301 MARKET STREET LEMOYNE, PA 17043-1662 r ' 6. N e and address of every other person who has any record interest in the property and whose interes may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. N e and address of every other person of whom the plaintiff has knowledge who has any interest in the pr erty which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenan Occupant 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Comm nwealth of Pennsylvania Depa ment of Welfare nwealth of Pennsylvania of Individual Tax nee Tax Division Revenue Service d Investors Tower Depart ent of Public Welfare TPL C sualty Unit Estate ecovery Program 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 I erify that the statements made in this affidavit are true and correct to the best of my personal e ge or information and belief. I understand that false statements herein are made subject to the ie of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff AURORA LOAN SERVICES LLC Plaintiff, V. 3 R. BRANNAN J.HAUGHNEY Defendant(s). CUMBERLAND COUNTY No. 07-7637-CIVIL TERM February 19, 2008 JAMES R. BRANNAN 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 JOHN J. HAUGHNEY 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OB INED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN B UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 1175 FLEMING DRIVE, MECHANICSBURG, PA 17055, is ed to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County )use, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $323,890.41 d by AURORA LOAN SERVICES LLC (the mortgagee) against you. In the event the sale is ed, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS 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.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may 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 equate 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 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 ?erty 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 the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict 6. You may be entitled to a share of the money which was paid for your house. A schedule of dis 'bution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This sch dule 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 She 'ffwithin 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 ately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A L WYER 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 th absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTIOIN AL THAT CERTAIN lot in the property known, named and identified in the Declaration, referred to bei w, as'Ashcombe Farms North', located in Upper Allen Township, Cumberland County, Pennsylvania, wh h has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act 68 PA. C.S.A> 5101 et seq., by the recording in the Office of the Recorder of Deeds of Cumberland Co nty, Pennsylvania, the Declaration for Ashcombe Farms North ('Declaration'), dated August 7, 1997, rec rded August 8, 1997, Miscellaneous Book 5511, Page 151, being and designated in such Declaration as Lot No. 4, described in Exhibit E of the Declaration. AINING 16,536.45 square feet. Lot No. 4, Ashcombe Farms North Final-Phase I site Plan, dated August 8,1996, recorded in the of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 73, Page 12. TITLE TO SAID PREMISES IS VESTED IN James R. Brannan and John J. Haughney, as joint tenants with the right of survivorship and not as tenants in common, by Deed from Richard H. Turner and Jea nie Turner, his wife, dated 02/16/2000, recorded 02/17/2000, in Deed Book 216, page 355. G PREMISES: 1175 FLEMING DRIVE, MECHANICSBURG, PA 17055 PARCEL NO. 42-11-0276-092 WRIT OF EXECUTION and/or ATTACHMENT (WEALTH OF PENNSYLVANIA) OF CUMBERLAND) NO 07-7637 Civil CIVIL ACTION - LAW THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AURORA LOAN SERVICES, LLC. Plaintiff (s) . JAMES R. BRANNAN AND JOHN J. HAUGHNEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. You are also directed to attach the property of the defendant(s) not levied upon in the possession as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s or otherwise disposing thereof; (3 If property of the defendant(s) not levied upon an subject to attachment is found in the possession o anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a g ishee and is enjoined as above stated. unt Due $323,890.41 L.L. $.50 est FROM 2/20/08 TO 6/11/08 (PER DIEM $53.24)--$6,016.12 AND COSTS S Comm % Due Prothy $2.00 Paid $171.64 Other Costs ADD'L COSTS - - $1,803.50 intiff Paid MARCH 3, 2008 BSTING PARTY: DANIEL G. SCHMIEG, ESQUIRE ss: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELHIA, PA 19103-1814 for: PLAINTIFF Televhone: 215-563-7000 4 Curti .Long, Pro tary By: Deputy Court ID No. 62205 c" c. Real Estate Sale # 73 On March 12, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Uppeac4Uwnship, Cumberland County, PA Known and numbered as 1175 Fleming Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2008 By: Real Estatt Sergeant zs =s 9- bdw soot dd AINr £ ? ??lu ?4183HS JH ?:r *.The Pat iot-News Co. 812 Market St. Harrisb rg, PA 17101 Inquiries 717-255-8292 CUM:ERLAND COUNTY SHERIFFS OF CUM ERLAND COUNTY COURT HOUSE SLE PA 17013 the PNow 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 he Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of ennsylvania, 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 p nted notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the su ject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and characte of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICA COPY This ad ran on the date(s) shown below: 04/23/08 Sworn to a ,..,.o, y of May, 2008 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyrle L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 2010 Member, Pennsylvania Association of Notaries 04/30/08 05/07/08 Real Estate Sale #73 Writ No. 2007-7637 Civil Tenn Aurora Loan Service LLC VS James R. Brannan and John J. Haughney Attorney: Daniel Schmleg DESCRIPTION ALL THAT CERTAIN lot in the property known, named and identified in the Declaration, referred to below, as 'Ashcvmbe Farms North', located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 PA. C.S.A> 5101 et seq., by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Ashcombe Farms North ('Declaration'). dated August 7, 1997, recorded August 8,1997, Miscellaneous Book 5511, Page 151, being and designated in such Declaration as Lot No. 4, described in Exhibit E of the Declaration. CONTAINING 16,536.45 square feet. BEING Lot No. 4, Ashcombe Farms North Final-Phase I site Plan, dated August 8, 1996, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 73, Page 12. TITLE TO SAID PREMISES IS VESTED IN James R. Brannan and John J. Haughney, as joint tenants with the right of survivorship and not as tenants in common, by Deed from Richard H. Turner and Jeannie Turner, his wife, dated 02116/2000, recorded 02(17/2000, in Deed Book 216, page 355. BEING PREMISES: 1175 FLEMING DRIVE, MKMANICSBURG, PA 17055 BEING PARCEL NO. 42-11-0276-092 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 NWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : isa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State resaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was es blished January 2, 1952, and designated by the local courts as the official legal periodi al for the publication of all legal notices, and has, since January 2, 1952, been regularly issued eekly in the said County, and that the printed notice or publication attached hereto is exactl the same as was printed in the regular editions and issues of the said Cumberland Law Journ on the following dates, 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law J urnal, a legal periodical of general circulation, and that he is not interested in the subject matte of the aforesaid notice or advertisement, and that all allegations in the foregoing as to time, place and character of publication are true. 7 ? Z;L --- isa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 iii. Ir'PAW MLi •A. 78 Writ No. 2007-7637 Civil Aurora Loan Services LLC VS. James R. Brannan and John J. Haughney Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot in the property known, named and identi- fied in the Declaration, referred to below, as `Ashcombe Farms North', located in Upper Allen Township, Cumberland County, Fermoylvania, which has heretofore been submitted to the provisions of the Pennsylva- nia Uniform Planned Community Act, 68 PA. C.S.A. 5101 et seq., by the recording in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Decla- ration for Ashcombe Farms North (`Declaration'), dated August 7, 1997, recorded August 8, 1997, Miscel- laneous Book 5511, Page 151, being and designated in such Declaration as Lot No. 4, described in Exhibit E of the Declaration. CONTAINING 16,536.45 square feet. BEING Lot No. 4, Ashcombe Farms North Final-Phase I site Plan, dated August 8, 1996, recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 73, Page 12. TITLE TO SAID PREMISES IS VESTED IN James R. Brannan and John J. Haughney, as joint tenants with the right of survivorship and not as tenants in common, by Deed from Richard H. Turner and Jeannie Turner, his wife, dated 02/16/2000, recorded 02/17/2000, in Deed Book 216, page 355. BEING PREMISES: 1175 FLEM- ING DRIVE, MECHANICSBURG, PA 17055. BEING PARCEL NO. 42-11-0276- 092.