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HomeMy WebLinkAbout08-3626PHELAN 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 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL 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 MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215 563-7000 179226 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08- RoA(o Givit term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 179226 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 #: 179226 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 #: 179226 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 #: 179226 1. Plaintiff is FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 04/02/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1988, Page 960. The 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 02/01/2008 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 #: 179226 6 The following amounts are due on the mortgage: Principal Balance $179,116.16 Interest $5,293.68 01/01/2008 through 06/11/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $195.90 04/06/2007 to 06/11/2008 Cost of Suit and Title Search 550.00 Subtotal $186,405.74 Escrow Credit ($647.03) Deficit $0.00 Subtotal 647.03 TOTAL $185,758.71 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 #; 179226 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 $185,758.71, together with interest from 06/11/2008 at the rate of $38.64 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. ELAN HALLINAN & SCHMIEG, LLP By: '; L RENCE T. PH LAN, ESQUIRE F NCIS 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 MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 179226 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described according to the Preliminary/Final Subdivision Plan for Lee C. and Jean E. Morrison prepared by Fisher Mowery Rosendale and Associates, Inc., surveyors, engineers and planners, dated May 10, 1991, and revised June 24, 1991, September 4, 1991, September 23, 1991, October 1, 1991, October 22, 1991 and recorded in Cumberland County Plan Book 63, Page 114, as follows, to wit: BEGINNING at a point in Hickorytown Road, T-572, at the northwestern corner of Lot No. 5 on the above-referred-to Plan; thence through said Hickorytown Road, T-572, and along land now or formerly of Stephen R. Myers passing through an iron pin set, North 34 degrees 44 minutes 23 seconds East 264.21 feet to an existing fence post; thence along land now or formerly of Donald L. Brickner, North 41 degrees 21 minutes 34 seconds East 487.89 feet to an iron pin set; thence along same, North 74 degrees 18 minutes 03 seconds East 479.11 feet to an iron pin set; thence along Lot No. 1 on the above-referred-to Plan, South 01 degree 09 minutes 59 seconds West 342.12 feet to an iron pin set; thence along Lot No. 6 on the above-referred-to Plan, South 64 degrees 49 minutes 32 seconds West 697.15 feet to an iron pin set; thence along same, South 11 degrees 23 minutes 18 seconds West 81.80 feet to an iron pin set; thence along said Lot No. 5 passing through an iron pin set, North 88 degrees 48 minutes 20 seconds West 280.20 feet to a point in said Hickorytown Road, T-572, the Place of BEGINNING. BEING Lot No. 7 on the Preliminary/Final Subdivision Plan for Lee C. and Jean E. Morrison and containing 6.79 acres, exclusive of dedicated right-of-way. File #: 179226 BEING part of the premises which Lee C. Morrison and Jean E. Morrison, by deed dated December 6, 1991 and recorded December 6, 1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book K35 Page 824, granted and conveyed unto Jeffrey Lee Morrison and Nan-Elizabeth Morrison. PARCEL#: 21-09-0535-038 PROPERTY BEING: 17 HICKORYTOWN ROAD File #: 179226 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. ')?4? gIo7 Momey for Plaintiff DATE: 4a 0% tot- 0 v ' d 0 ?.? cry 4s ?. rn? 0 .4 fl v CD c>6 CASE NO: 2008-03626 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOANS VS MORRISON NAN-ELIZABETH H DENNIS FRY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MnT?PT.ql)1\T NTAM-FT,T7ARFT4 H the. DEFENDANT , at 1350:00 HOURS, on the 21st day of June , 2008 at 17 HICKORYTOWN ROAD CARLISLE, PA 17013 by handing to SALLY HOOVER, MOTHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 4/2&? /0 P So Answers: 18.00 5.00 00 10.00 R. Thomas Kline /-3 00 ? 3.00 06/23/2008 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to before me this of ?--? By: day Depfity Sheri 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 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 NO. 08-3626-CIVIL TERM 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 NAN-ELIZABETH H. MORRISON . Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $185,758.71 Interest from 06/12/2008 to 08/06/2008 $2,163.84 TOTAL $187,922.55 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ? ?. hO PROTHY pK8 179226 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 FIRST HORIZON HOME LOANS, A DIVISION OF : COURT OF COMMON PLEAS FIRST TENNESSEE BANK NATIONAL ASSOCIATION : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. :NO. 08-3626- CIVIL TERM NAN-ELIZABETH H. MORRISON Defendants TO: NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD ` f CARLISLE, PA 17013 ' DATE OF NOTICE: JULY 17, 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 Ricco, Legal Assistant 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 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL CUMBERLAND COUNTY ASSOCIATION COURT OF COMMON PLEAS 4000 HORIZON WAY CIVIL DIVISION Plaintiff, NO. 08-3626-CIVIL TERM v. NAN-ELIZABETH H. MORRISON Defendant(s). 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 NAN-ELIZABETH H. MORRISON is over 18 years of age and resides at, 17 HICKORYTOWN ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff a o V S:- ? m too I M 2 rr ? nz . T.t (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL CUMBERLAND COUNTY ASSOCIATION COURT OF COMMON PLEAS 4000 HORIZON WAY CIVIL DIVISION V. Plaintiff, NAN-ELIZABETH H. MORRISON Defendant(s). NO. 08-3626-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on ILA 200 By: e / 0, " J. - EPUTY n" If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ATION 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." (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. NAN-ELIZABETH H. MORRISON Defendant(s). No. 08-3626-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 08/07/2008-12/10/2008 (per diem -$30.89) $187,922.55 $3,892.14 and Costs TOTAL $191,814.69 1 DANIEL G. SCHMIEG, QUIRE Onc Penn Center at Suhurhan 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. 179226 O H H o > «? O V Q a? two ? ? a o?? o w OWO Z? W o0 0 d o ?" A 'two a w? c? xz? w ?? NOZ z WW ?? H? w? a Z' U A h C'i_ S .. tip. N $ 4 L Go 'Z K M O t" r-1 V q'aG a o a a v w s V bi a o. ip; 45 d N :id ci -47 c? 0 M G1 C-u LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described according to the Preliminary/Final Subdivision Plan for Lee C. and Jean E. Morrison prepared by Fisher Mowery Rosendale and Associates, Inc., surveyors, engineers and planners, dated May 10, 1991, and revised June 24, 1991, September 4, 1991, September 23, 1991, October 1, 1991, October 22, 1991 and recorded in Cumberland County Plan Book 63, Page 114, as follows, to wit: BEGINNING at a point in Hickorytown Road, T-572, at the northwestern corner of Lot No. 5 on the above-referred-to Plan; thence through said Hickorytown Road, T-572, and along land now or formerly of Stephen R. Myers passing through an iron pin set, North 34 degrees 44 minutes 23 seconds East 264.21 feet to an existing fence post; thence along land now or formerly of Donald L. Brickner, North 41 degrees 21 minutes 34 seconds East 487.89 feet to an iron pin set; thence along same, North 74 degrees 18 minutes 03 seconds East 479.11 feet to an iron pin set; thence along Lot No. 1 on the above-referred-to Plan, South 01 degree 09 minutes 59 seconds West 342.12 feet to an iron pin set; thence along Lot No. 6 on the above-referred-to Plan, South 64 degrees 49 minutes 32 seconds West 697.15 feet to an iron pin set; thence along same, South 11 degrees 23 minutes 18 seconds West 81.80 feet to an iron pin set; thence along said Lot No. 5 passing through an iron pin set, North 88 degrees 48 minutes 20 seconds West 280.20 feet to a point in said Hickorytown Road, T-572, the Place of BEGINNING. BEING Lot No. 7 on the Preliminary/Final Subdivision Plan for Lee C. and Jean E. Morrison and containing 6.79 acres, exclusive of dedicated right-of-way. BEING part of the premises which Lee C. Morrison and Jean E. Morrison, by deed dated December 6, 1991 and recorded December 6, 1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book K35 Page 824, granted and conveyed unto Jeffrey Lee Morrison and Nan-Elizabeth Morrison. TITLE TO SAID PREMISES IS VESTED IN Nan-Elizabeth H. Morrison, by Deed from Jeffrey Lee Morrison and Nan-Elizabeth Morrison, h/w, dated 03/26/2007, recorded 04/11/2007, in Deed Book 279, page 2627. PREMISES BEING: 17 HICKORYTOWN ROAD, CARLISLE, PA 17013 PARCEL NO. 21-09-0535-038 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 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION , Plaintiff, , v. NAN-ELIZABETH H. MORRISON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3626-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? th, L"", DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff C C=3, `t. t7` ?,.. Gam) t` C FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, v. NAN-ELIZABETH H. MORRISON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3626-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, 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,17 HICKORYTOWN ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 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: 1 "'& 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 JEFFREY L. MORRISON C/O DOUGLAS G. MILLER, ESQUIRE Last Known Address (if address cannot be reasonably ascertained, please indicate) 60 W POMFRET STREET CARLSILE, PA 17013 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 17 HICKORYTOWN ROAD CARLISLE, PA 17013 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. August 25, 2008 DATE DANIEL G. SCHM EG, ESQUIRE Attorney for Plaintiff ? ? art t " ` w .< Tv` C;l *11 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. NAN-ELIZABETH H. MORRISON Defendant(s). CUMBERLAND COUNTY No. 08-3626-CIVIL TERM August 25, 2008 TO: NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 17 HICKORYTOWN ROAD, CARLISLE, PA 17013 Lis scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $187,922.55 obtained by FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION (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. 'el You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described according to the Preliminary/Final Subdivision Plan for Lee C. and Jean E. Morrison prepared by Fisher Mowery Rosendale and Associates, Inc., surveyors, engineers and planners, dated May 10, 1991, and revised June 24,1991, September 4, 1991, September 23, 1991, October 1, 1991, October 22, 1991 and recorded in Cumberland County Plan Book 63, Page 114, as follows, to wit: BEGINNING at a point in Hickorytown Road, T-572, at the northwestern corner of Lot No. 5 on the above-referred-to Plan; thence through said Hickorytown Road, T-572, and along land now or formerly of Stephen R. Myers passing through an iron pin set, North 34 degrees 44 minutes 23 seconds East 264.21 feet to an existing fence post; thence along land now or formerly of Donald L. Brickner, North 41 degrees 21 minutes 34 seconds East 487.89 feet to an iron pin set; thence along same, North 74 degrees 18 minutes 03 seconds East 479.11 feet to an iron pin set; thence along Lot No. I on the above-referred-to Plan, South 01 degree 09 minutes 59 seconds West 342.12 feet to an iron pin set; thence along Lot No. 6 on the above-referred-to Plan, South 64 degrees 49 minutes 32 seconds West 697.15 feet to an iron pin set; thence along same, South 11 degrees 23 minutes 18 seconds West 81.80 feet to an iron pin set; thence along said Lot No. 5 passing through an iron pin set, North 88 degrees 48 minutes 20 seconds West 280.20 feet to a point in said Hickorytown Road, T-572, the Place of BEGINNING. BEING Lot No. 7 on the Preliminary/Final Subdivision Plan for Lee C. and Jean E. Morrison and containing 6.79 acres, exclusive of dedicated right-of-way. BEING part of the premises which Lee C. Morrison and Jean E. Morrison, by deed dated December 6, 1991 and recorded December 6, 1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book K35 Page 824, granted and conveyed unto Jeffrey Lee Morrison and Nan-Elizabeth Morrison. TITLE TO SAID PREMISES IS VESTED IN Nan-Elizabeth H. Morrison, by Deed from Jeffrey Lee Morrison and Nan-Elizabeth Morrison, h/w, dated 03/26/2007, recorded 04/11/2007, in Deed Book 279, page 2627. PREMISES BEING: 17 HICKORYTOWN ROAD, CARLISLE, PA 17013 PARCEL NO. 21-09-0535-038 ?-- ?' i -r, ?_ r ' - - ? ? ??,.-- f y c -?; ,-r . `,,,,? , .. __, ?, ? -v ? '°? ? N " ?; ' -{ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3626 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From NAN-ELIZABETH H. MORRISON (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 $187,922.55 L.L. $.50 Interest FROM 8/7/08 -12/10/08 (PER DIEM -$30.89) -- $3,892.14 AND COSTS Atty's Comm % Atty Paid $152.00 Plaintiff Paid Date: AUGUST 26, 2008 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Due Prothy $2.00 Other Costs C s R. Long, Pro otary By: Deputy PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff VS. NAN-ELIZABETH H. MORRISON Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-3626-CIVIL TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Date: 1 q4 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, squire PHS #: 179226 VERIFICATION A, WAWA C01 LEER hereby states that he/she is AS"viv;i jf?i' i VICE FRUIDENT of FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. game: WANDA COLLIER DATE: b? Title: , .,.% ,,., A6i?j i ii ViVE ffit-WENT Company: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Loan: 0060465630 File #: 179226 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff VS. NAN-ELIZABETH H. MORRISON Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-3626-CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 Date: Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By. Francis S. Hallinan, Esquire x??' ? ,, ?? ._3 '`? ?,?, `= ?z?a `'? '?' n` ?:;? rF*.?y ) - ?1,F i PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff VS. NAN-ELIZABETH H. MORRISON Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 08-3626-CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on June 17, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on August 7, 2008 in the amount of $187,922.55. 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 December 10, 2008. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $179,116.16 Interest Through December 10, 2008 $13,268.09 Per Diem $38.64 Late Charges $195.90 Legal fees $1,250.00 Cost of Suit and Title $1,214.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers 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 $1,739.42 TOTAL $196,783.57 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 Defendant. 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 Defendant on September 24, 2008 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs 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: PPIrinirieg, LLP B Michele 'M' Bradford, E 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 (215) 563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff VS. NAN-ELIZABETH H. MORRISON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3626-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE NAN-ELIZABETH H. MORRISON 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 17 HICKORYTOWN ROAD, CARLISLE, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. H. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the 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 Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. Vl. 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 Fewer 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: nMIlan & c ieg, UP By: Michele M. Bradford, E uire 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 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL 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 MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 179226 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 N r_ C=3 o 0 v tY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. Q$ - 3tvg& 3-vi l 7erN1 V. CUMBERLAND COUNTY NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 Defendant CIVIL ACTION - L4 COMPLAINT IN MORTGAGE FO CLSI r A..?E ATTORNEY FILE COPY PLEASE RETURN File #: 179226 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 #: 179226 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 N: 179226 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 #: 179226 1. Plaintiff is FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 who is/are the mortgagor(s)and/or real owner(s) of the property hereinafter described. 3. On 04/02/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1988, Page 960. The 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 02/01/2008 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 #: 179226 6. The following amounts are due on the mortgage: Principal Balance $179,116.16 Interest $5,293.68 01/01/2008 through 06/11/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $195.90 04/06/2007 to 06/11/2008 Cost of Suit and Title Search 550.00 Subtotal $186,405.74 Escrow Credit ($647.03) Deficit $0.00 Subtotal 647.03 TOTAL $185,758.71 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 #: 179226 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 $185,758.71, together with interest from 06/11/2008 at the rate of $38.64 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. ELAN HALLINAN & SCHMIEG, LLP By: Cb 101 L RENCE T. P LAN, 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 MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 179226 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described according to the Preliminary/Final Subdivision Plan for Lee C. and Jean E. Morrison prepared by Fisher Mowery Rosendale and Associates, Inc., surveyors, engineers and planners, dated May 10, 1991, and revised June 24, 1991, September 4, 1991, September 23, 1991, October 1, 1991, October 22, 1991 and recorded in Cumberland County Plan Book 63, Page 114, as follows, to wit: BEGINNING at a point in Hickorytown Road, T-572, at the northwestern corner of Lot No. 5 on the above-referred-to Plan; thence through said Hickorytown Road, T-572, and along land now or formerly of Stephen R. Myers passing through an iron pin set, North 34 degrees 44 minutes 23 seconds East 264.21 feet to an existing fence post; thence along land now or formerly of Donald L. Brickner, North 41 degrees 21 minutes 34 seconds East 487.89 feet to an iron pin set; thence along same, North 74 degrees 18 minutes 03 seconds East 479.11 feet to an iron pin set; thence along Lot No. 1 on the above-referred-to Plan, South 01 degree 09 minutes 59 seconds West 342.12 feet to an iron pin set; thence along Lot No. 6 on the above-referred-to Plan, South 64 degrees 49 minutes 32 seconds West 697.15 feet to an iron pin set; thence along same, South 11 degrees 23 minutes 18 seconds West 81.80 feet to an iron pin set; thence along said Lot No. 5 passing through an iron pin set, North 88 degrees 48 minutes 20 seconds West 280.20 feet to a point in said Hickorytown Road, T-572, the Place of BEGINNING. BEING Lot No. 7 on the Preliminary/Final Subdivision Plan for Lee C. and Jean E. Morrison and containing 6.79 acres, exclusive of dedicated right-of-way. File #: 179226 BEING part of the premises which Lee C. Morrison and Jean E. Morrison, by deed dated December 6, 1991 and recorded December 6, 1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book K35 Page 824, granted and conveyed unto Jeffrey Lee Morrison and Nan-Elizabeth Morrison. PARCEL#: 21-09-0535-038 PROPERTY BEING: 17 HICKORYTOWN ROAD Filc N: 179226 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. Morney for Plaint ff DATE: ? ?a A Exhibit "B" PHELAN RALLINA14 A SCMMG, LL.P. -,.]By: DAN= G. SCEDMG IdedtW=d= No. OM Attorney for maw ON6 Plfs(Pl CCltNTZR AT SUBUIUM i STATION 1617 JOHN F.1Cg W=V MVD., SIII1'Z 1400 PRILADI L"VA, PA 19103-1814 12131 lam FIRST HORIZON NOKE LOANS, A DIVISION OF FIR.4I• TBNNISSSE RANK NATIONAL ASSOCU13ON /OM 80NZON WAY IRVING, TX 7"W CUMHERLAN;D COETlhff COURT OF COItDlflON PLEAS CIVIL DIVISION V. N 1BL WORVJ ON 1? WCKt'IIIYTOWN ROAD CARt,I,SLE, PA 17013 NCL 093626-C1' M TERM Del?Lur1(r}. PRAECIPE FOR IN REM JUDGMEi4T FOR FAELMW TO Amt An of DA11RA® GAS TO THE PROTHONOTARY: Kindly eater an in ruff j: t is favor of dw Plaintiff sod agging MOgRI9tIN _ Defeadu9s) for failure to 111c an Answer to Plski b Compla?nt?v 20 days from service thereof and far Fondos = and Sale of the mortgaged premises, and &=a Plaintiffs da=S" as follows: As set forth in Complaint $185,758.71 Interest from 06112/2008 to 08/0612008 $2,163.84 TOTAL $1870"us I hemby certify that (1) the ad&tsses of the Plaintiff and Des) am as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attaabod. DANI$I., G. SCHMI O, ESQ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS MICATED. DATE: pR h; V /,) I j d, t - k -- L... FROTHY a 1792,26 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 September 24, 2008 NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 RE: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. NAN-ELIZABETH H. MORRISON Premises Address: 17 HICKORYTOWN ROAD CARLISLE, PA 17013 CUMBERLAND County CCP, No. 08-3626-CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Monday, September 29, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. e o , Miche a M. Bradfor squire For Phelan Hallinan & Schmieg, LLP Enclosure 11) 0 0 v a? a a r0 x? U U as a> a0 ? W a zdo 5'.3- u ago 0 £0 L6 L 3aoOdIZ wow amim ? •p ? 80OZ bZ d3S 0 Lob mlo00 w 00V &O ? M ZO oaao '3 0 t \ S3MIWY AMAU ?! G ? Yn " p .'ry d Its 5 y ? ? k rw ?W v U 8 vpo. w p v C w O C a O. ? e [ - _p U A e M ? 3 v pX o u ? u o ? Vi d o m ? U s x a a ? o Coo a ? u ? O w°W it ? x ? x w ° Z z L1+ a 0 Z N U 'q b } ? x y w a Om z' a 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: D It I Mhl a LLP By: Michele M. Bradford, quire 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 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff VS. NAN-ELIZABETH H. MORRISON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3626-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. NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 DATE: 5 rPle c ieg, LLP By: Michele M. Bradford, quire Attorney for Plaintiff a- cr, ?.n 4 -- UJC LU r 3 _ C:c7 C . _9 FIRST HORIZON HOME LOANS, : IN THE COURT OF COMMON PLEAS OF A DIVISION OF FIRST TENNESSEE BANK: CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL ASSOCIATION, PLAINTIFF V. NAN-ELIZABETH H. MORRISON, DEFENDANT NO. 08-3626 CIVIL ORDER OF COURT AND NOW, this 6'h day of October, 2008, 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 October 27, 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. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, /chele M. Bradford, Esquire Attorney for Plaintiff ? N/an-Elizabeth H. Morrison Defendant bas cap rnu?,_ ?'CL 4(468 ""Tq ?\w -?, ?_v M. L. Ebert, Jr., J. S _1 L: I ; ? to '44- LZ :g WV 9-130 86OZ 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 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff VS. CUMBERLAND County NAN-ELIZABETH H. MORRISON Defendant No. 08-3626-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 t? c7. Orb was sent to the following individual on the date indicated below. NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 1lin Schmieg, LLP DATE: to By Michele M. Bradfor , Esquire Attorney for Plaintiff co AFFIDAVIT OF SERVICE PLAINTIFF FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION DEFENDANT(S) NAN-ELIZABETH H. MORRISON SERVE NAN-ELIZABETH H. MORRISON AT: 17 HICKORYTOWN ROAD CARLISLE, PA 17013 SERVED * n -OTC PT: Fmlm"LY lvo7 sV.VFd q4 0-Ds CUMBERLAND COUNTY No. 08.3626-CIVIL TERM ACCT. #179226 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2008 Served and made known to NAW - fU146frA k . MORRK,,4 Defendant, on the (1 Th day of 0=694-_ , 204 at _1 : to , o'clock psn., at 17 1 W 0 R -rt-bW N Ra* 1J_, _C 2l -1 S L E , 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 40 -S Height 5 ?Z_' Weight 276 Race W Sex F Other 1, 20 [VA-cx) L<_ a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ("awnN dieb +tTelh P TS k-46(c-?D IN SuCC?P_SSfct L SW_v(cE Sworn to and subscribed bef re me this 114 day 200 l ?C^ `??? „ N f1 By: CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. ft o of Now Jersey PATRKdA E. HARRIS NOT SERVED C&MISmon Expime June 16, 2013 On the day of 200_._, at Moved Unknown No Answer 1St Attempt: ! / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of .200_. Notary: By: o'clock _.m., Defendant NOT FOUND because: Vacant 2"d Attempt: Time: Attorney for Plaintiff DANIEL G. SCID41EG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 60 el) I 01-0 Fr- PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-3626-CIVIL TERM CUMBERLAND COUNTY NAN-ELIZABETH H. MORRISON Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorne for Plaintiff By. Francis S. Hallin squire Date: PHS #: 179226 ' PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff VS. NAN-ELIZABETH H. MORRISON Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3626-CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 Phelan Hallinan & Sc Atto ne?)for Plaintiff f" I By: j Date: Fray l? ?2 d S. • LLP VERIFICATION WANDA COLLIER hereby states that he/she is of FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. '/ K - me: WANDA COLLIER DATE ?-11-19 ry Loan: 0060465630 Title: p Company: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION File #. 179226 f CIO d r, _,a 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 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff VS. NAN-ELIZABETH H. MORRISON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3626-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, 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 October 1, 2008. 3. A Rule was entered by the Court on or about October 6, 2008 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on October 10, 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. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 27, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 6 ieg, LLP By: Miche e 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 (215) 563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff VS. NAN-ELIZABETH H. MORRISON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3626-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on October 1, 2008. A Rule was entered by the Court on or about October 6, 2008 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on October 10, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 27, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: b`6 rrt By: 1 ' ieg, LLP is ele M. radford, E uire Attorney for Plaintiff Exhibit "A" FIRST HORIZON HOME LOANS, : IN THE COURT OF COMMON PLEAS OF A DIVISION OF FIRST TENNESSEE BANK: CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL ASSOCIATION, PLAINTIFF V. NAN-ELIZABETH H. MORRISON, DEFENDANT NO. 08-3626 CIVIL ORDER OF COURT AND NOW, this 6' day of October, 2008, 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 October 27, 2008; 3. If no answer to the Rule to Show cause is fried 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. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Attorney for Plaintiff Nan-Elizabeth H. Morrison Defendant bas `yP l by its + i i • ! `nr iv. C c . e. ?vr"?3{ 1 3 two harh Exhibit "B" C7 N ° ° - " w n o M-n a . `:. Gam' T' r n co 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 FIRST HORIZON HOME LOANS,. A -DtV OF FIRST TENNESSEE A(ATI`. ASSOCIATION Plaintiff vs. NAN-ELIZABETH H. MORRISON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3626-CIVIL TERM CERTIFICATION ,OF SERVICE I hereby certify that a true and correct of our Motion to Reassess Damages noting a Rule Returndate of Mck-T10% was ,sent to the following individual on the date indicated below. NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 llinan/8 Schmieg, LLP DATE: lti d a?, \ ®)Michele M. Bradfor , Esquire S?® , 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. DATE: ( W1 6 yel ieg, LLP By: r ichele . Bradford, quire 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 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County VS. NAN-ELIZABETH H. MORRISON Defendant No. 08-3626-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. NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 DATE: U hmieg, LLP By: rhele ra dford, squire Attorney for Plaintiff C`7 ^?-? :- ?::? _, c-:a " c:?: "T --t _.? i _. ,,, ,q ?.;` ti .L.? w '^K?? 5 NOV 0 6 2008(, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff vs. CUMBERLAND County No. 08-3626-CIVIL TERM NAN-ELIZABETH H. MORRISON Defendant /16 ORDER AND NOW, this b day of N eV , 2008, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $179,116.16 Interest Through December 10, 2008 $13,268.09 Per Diem $38.64 Late Charges $195.90 Legal fees $1,250.00 Cost of Suit and Title $1,214.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Jla ? 4 `? +ii„M L .g IN 01 A0 BOOZ '? Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,739.42 TOTAL $196,783.57 Plus interest from December 10, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 179226 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. NAN-ELIZABETH H. MORRISON : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-3626-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION hereby verify that true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 10, 2008 beu./G DANIEL G. SCHMIEG, Attorney for Plaintiff / F.. 3QO> dIZ WObd 0311VW F L:E cO c3S 0 WB ?zt?000 o9L' ZO $ AG z o S IN1[)9 A3NIId wr r , ?1SOd Sald15 a C N O_ _a ? O FBI ? k O RS C> ? O > N F ? M ? ~ ,may 'a a GT, •> " ? ? pq w TJ ? F G, t/1 p E- U F ¢ r. co LU a1 ov) a CAS a:b o? z r' d E-• az] a O O O >Qw _? p W W O C/) ?? w w z CIO) u H w ¢ ? V m°O a z J a o 3 F- w to O Qv? -o° o WM 'z?zN o y .c a y x ~ 3?" -Cd LL. 4) 0 00 Uw ° xw N 01:4 3? ? o`ro 0 a 0 P4 Wo zx ow ?O LL O z aO?Oa z -? Qa-UU'o?aQa v °m z l? r x xz z Wo d 1 Qa0 V 6 a zw .. b cl -0 zd0 N M a a'= T y U - G p h N qy"v O _zLA U ? c E E ?R k C o o T 5 N F 5 E v D E y c ? c y > O U ._ U b ? O w v p U .m o ?. A N 0.'.7 w C c w O w va'? o ° o Ea ii c) c _ E S A E- C r0 y ^' w y c c L N ? p ? c S 0 a °3 d tO o aw U w0 0 a° b z; 0 a O >' d z -' U F fSi rs pn T I - c.tt First Horizon Home Loans, a division of In the Court of Common Pleas of First Tennessee Bank National Association Cumberland County, Pennsylvania VS Writ No. 2008-3626 Civil Term Nan-Elizabeth H. Morrison William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 17, 2008 at 1007 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Nan-Elizabeth H. Morrison, by making known unto Nan-Elizabeth H. Morrison personally, at 17 Hickorytown Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2008 at 0921 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 Nan-Elizabeth H. Morrison, located at 17 Hickorytown Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Nan-Elizabeth H. Morrison, by regular mail to her last known address of 17 Hickorytown Road, Carlisle, PA 17013. This letter was mailed under the date of October 7, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 22.52 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 10.00 Levy 15.00 Surcharge 20.00 Postpone sale 40.00 Law Journal 497.00 Patriot News 466.58 Share of bills 14.92 so R. Thomas Kline, Sheriff BY .. '? Real Estate Coordinator " ?1o jo9 ('?_ brO F]l FD-OFFICE ,, „-,n-TPo ;47ARY APR -8 AM 9: 57 FIRST HORIZON HOME LOANS, A DIVISION OF )FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. NAN-ELIZABETH H. MORRISON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3626-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, 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 ,17 HICKORYTOWN ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 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 None's 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 JEFFREY L. MORRISON C/O DOUGLAS G. MILLER, ESQUIRE Last Known Address (if address cannot be reasonably ascertained, please indicate) 60 W POMFRET STREET CARLSILE, PA 17013 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 17 HICKORYTOWN ROAD CARLISLE, PA 17013 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. August 25, 2008 DATE J&4'- DANIEL G. SCHM EG, ESQUIRE Attorney for Plaintiff FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. NAN-ELIZABETH H. MORRISON Defendant(s). CUMBERLAND COUNTY No. 08-3626-CIVIL TERM August 25, 2008 TO: NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 17 HICKORYTOWN ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $187,922.55 obtained by FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 'LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described according to the Preliminary/Final Subdivision Plan for Lee C. and Jean E. Morrison prepared by Fisher Mowery Rosendale and Associates, Inc., surveyors, engineers and planners, dated May 10, 1991, and revised June 24,1991, September 4, 1991, September 23, 1991, October 1, 1991, October 22, 1991 and recorded in Cumberland County Plan Book 63, Page 114, as follows, to wit: BEGINNING at a point in Hickorytown Road, T-572, at the northwestern corner of Lot No. 5 on the above-referred-to Plan; thence through said Hickorytown Road, T-572, and along land now or formerly of Stephen R. Myers passing through an iron pin set, North 34 degrees 44 minutes 23 seconds East 264.21 feet to an existing fence post; thence along land now or formerly of Donald L. Brickner, North 41 degrees 21 minutes 34 seconds East 487.89 feet to an iron pin set; thence along same, North 74 degrees 18 minutes 03 seconds East 479.11 feet to an iron pin set; thence along Lot No.1 on the above-referred-to Plan, South 01 degree 09 minutes 59 seconds West 342.12 feet to an iron pin set; thence along Lot No. 6 on the above-referred-to Plan, South 64 degrees 49 minutes 32 seconds West 697.15 feet to an iron pin set; thence along same, South 11 degrees 23 minutes 18 seconds West 81.80 feet to an iron pin set; thence along said Lot No. 5 passing through an iron pin set, North 88 degrees 48 minutes 20 seconds West 280.20 feet to a point in said Hickorytown Road, T-572, the Place of BEGINNING. BEING Lot No. 7 on the Preliminary/Final Subdivision Plan for Lee C. and Jean E. Morrison and containing 6.79 acres, exclusive of dedicated right-of-way. BEING part of the premises which Lee C. Morrison and Jean E. Morrison, by deed dated December 6, 1991 and recorded December 6, 1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book K35 Page 824, granted and conveyed unto Jeffrey Lee Morrison and Nan-Elizabeth Morrison. TITLE TO SAID PREMISES IS VESTED IN Nan-Elizabeth H. Morrison, by Deed from Jeffrey Lee Morrison and Nan-Elizabeth Morrison, h/w, dated 03/26/2007, recorded 04/11/2007, in Deed Book 279, page 2627. PREMISES BEING: 17 HICKORYTOWN ROAD, CARLISLE, PA 17013 PARCEL NO. 21-09-0535-038 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-3626 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From NAN-ELIZABETH H. MORRISON (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 $187,922.55 L.L. $30 Interest FROM 8/7/08 - 12110/08 (PER DIEM -$30.89) -- $3,892.14 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $152.00 Other Costs Plaintiff Paid Date: AUGUST 26, 2008 - tl-91,0 "M?26 C s . Long, Pr otary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #62 On September 5, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 17 Hickorytown Rd., Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 5, 2008 By: ' di,, Real E tate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa arie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 14 day of November, 2008 - 10 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 mW, Mun 8AUR NO. 62 Writ No. 2008-3626 Civil First Horizon Home Loans, a Division of First Tennessee Bank National Association VS. Nan-Elizabeth H. Morrison Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described according to the Preliminary/ Final Subdivision Plan for Lee C. and Jean E. Morrison prepared by Fisher Mowery Rosen- dale and Associates, Inc., surveyors, engineers and planners, dated May 10, 1991, and revised June 24, 1991, September 4, 1991, September 23, 1991, October 1, 1991, October 22, 1991 and recorded in Cumberland County Plan Book 63, Page 114, as follows, to wit: BEGINNING at a point in Hickory- town Road, T-572, at the northwest- ern corner of Lot No. 5 on the above- referred-to Plan; thence through said Hickorytown Road, T-572, and along land now or formerly of Stephen R. Myers passing through an iron pin set, North 34 degrees 44 minutes 23 seconds East 264.21 feet to an existing fence post; thence along land now or formerly of Donald L. Brick- ner, North 41 degrees 21 minutes 34 seconds East 487.89 feet to an iron pin set; thence along same, North 74 degrees 18 minutes 03 seconds East 479.11 feet to an iron pin set; thence along Lot No. 1 on the above-referred- to Plan, South 01 degree 09 minutes 59 seconds West 342.12 feet to an iron pin set; thence along Lot No. 6 on the above-referred-to Plan, South 64 degrees 49 minutes 32 seconds West 697.15 feet to an iron pin set; thence along same, South 11 degrees 23 minutes 18 seconds West 81.80 feet to an iron pin set; thence along said Lot No. 5 passing through an iron pin set, North 88 degrees 48 minutes 20 seconds West 280.20 feet to a point in said Hickorytown Road, T-572, the Place of BEGINNING. BEING Lot No. 7 on the Prelimi- nary/Final Subdivision Plan for Lee C. and Jean E. Morrison and contain- ing 6.79 acres, exclusive of dedicated right-of-way. BEING part of the premises which Lee C. Morrison and Jean E. Morri- son, by deed dated December 6, 1991 and recorded December 6, 1991 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book K35 Page 824, granted and conveyed unto Jeffrey Lee Morrison and Nan-Elizabeth Morrison. TITLE TO SAID PREMISES IS VESTED IN Nan-Elizabeth H. Mor- rison, by Deed from Jeffrey Lee Mor- rison and Nan-Elizabeth Morrison, h/w, dated 03/26/2007, recorded 04/11/2007, in Deed Book 279, page 2627. PREMISES BEING: 17 HICKORY- TOWN ROAD, CARLISLE, PA 17013. PARCEL NO. 21-09-0535-03?„ The Patriot-News Co. 812 Market St. Harrisburg, PA ,1710'1 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zhe Patr1*otNXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown (below: 10/29/08 11/05/08 11/12/08 r ........... ,Sworn to a4 cribed before me,this 25 dl iy of November, 2008 A.D. - Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Public City Of Hamsburg, Dauphin County My Commiss-on Expires Nov. 26, 2011 Member. Pennsylvania Association of Notaries Rea! E0149 Said No. 62 WrtUNo. 20904W Civil Term Rrst Horizon Have Loans, a Division of First Tennessee Bank Nations! Association VS Nan-Ellambeth K Morrison Attorney Dhnisl Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN pact of land situate in Middlesex Tawmsbip, Cumberland County, Pennsylvania, bounded and described according to the Preliminaryftal Subdivision Plan for Lee C. and Jean E. Morris= prepared by Fisher Mowery Rosendale and Associates, Inc., surveyots, engmeers and planners, dated May 10, 1991, and revised June 24,1991, September 4, 1991, September 23, 1991, October 1, 1991, October 22, 1991 and recorded in Cumberland County Plan Book 63, Page 114, as follows, to wit: BEGINNING at a point in Hickorytown Road, T-572, at the northwestern corner of Lot No. 5 on the above-referred-to Plan; thence through said Hickorytown Road, T-572, and along land now or formerly of Stephen R.-Myers passing through an iron pin set~ Nortb 34 degrees 44 minutes 23 seconds East 264.21 feet to an existing fence post; thence along land now or formerly of Donald L. Brici= North 41 degrees 21 minutes 34 seconds East 487.89 feet to an iron pin set; thence along same, North 74 degrees 18 minutes 03 seconds East 479.11 feet to an irm pin set; thence along Lot No. l on the above-refered-to Plm, Son& 01 degree 09 minutes 59 swoWs West 342.12 feet to an iron pin se; theme along tat No. 6 on the above- referred-to Plan, Soh 64 degrees 49 minutes 32 seconds West 697.15 feet to an iron pin set; WO 4e, JiiiilE 4 e>Biee _ A lraoe *RP 18 W04 0 aim feet to trivia die set; eetMee *% sued Lot No. 5 pm ftough an iron l set, ft& U *pm *- a 20 seconds West 28010 feet to a point in said Hickorytown Road, T-572, the Place of BEGINNING. BEING Lot No. 7 on the Prelitumaryffimal Subdivision Plan for Lee C. and Jean E. Morrison and containing 6.79 axes, exclusive of dedicated rigbt-of--way. ,BEING part of the premises which Lee C. Morrison and Jean E. Momson, by deed dated December 6, 1991 and recorded December 6, 1991 in the Office of the Recorder of Deeds in and for Cumberland County m Deed Book K35 Page 824, granted and conveyed .unto Jeffrey Lee Morrison and Nan-Elizabeth Morrison. TITLE TO SAID PREMISES IS VE= IN Nan-E nbeth H. Morrison, by Deed from ',grey Lee Morrison and . Nan-Elizabeth Morrison, Ww, dated 0311612007, recorded 041 11!2007, in Deed Bock 279, page 2627. PREMISES BE1NCr. 17 HICKORYTOWN RRAD, CARLISI PA 14013 PARCEL NO. 21-OW35-038 PRAECIPE TO REASSESS DAMAGES P.R.C.P.3180-3183 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST COURT OF COMMON PLEAS TENNESSEE BANK NATIONAL ASSOCIATION . Plaintiff CIVIL DIVISION V. NAN-ELIZABETH H. MORRISON Defendant(s) To the Prothonotary: : NO. 08-3626-CIVIL TERM : CUMBERLAND COUNTY PRAECIPE TO ENTER ORDER Kindly enter Judgment on the attached Order of Court dated 11/6/2008 in favor of the Pinti?andn against NAN-ELIZABETH H. MORRISON defendant(s). t aJ '',::,(may -C V 1 ,1 !?' < For Judgment Total of. $196,783.57 r T3 C7 Attohey for PTaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? antis 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 414,.= Pb ATT%f e? 9830`18 a48314 No4im ti ro NOV 0;6 20086, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff CUMBERLAND County VS. No. 08-3626-CIVIL TERM NAN-ELIZABETH H. MORRISON Defendant ORDER AND NOW, this 6 =? day of -7147)• , 2008, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $179,116.16 Interest Through December 10, 2008 $13,268.09 Per Diem $38.64 Late Charges $195.90 Legal fees $1,250.00 Cost of Suit and Title $1,214.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 P?)a?o Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,739.42 TOTAL $196,783.57 Plus interest from December 10, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT /sl ? . , - C11Jr a J. 179226 -MUF- COPY FROM RECORD 11 Testimony whered ,1 here unto set MY hzW 4 tha set 01 said court at CX"' ft ;? " ? ?S? " PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE COURT OF COMMON PLEAS BANK NATIONAL ASSOCIATION Plaintiff : CIVIL DIVISION NO. 08-3626-CIVIL TERM NAN-ELIZABETH H. MORRISON Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 12/11/2008 to Date of Sale ($0.00 per diem) TOTAL $196.783.57, 0.00 gy=p {=: (, $196.783.57 S .?` A inn to ? ' (i) $a?.oo pb A'rr?1 .33. oc? CEF' I,1 ? 8. o'!al u 18.W N 14.00 a4.00 14.00 " ------------- 41. W5.7,2 - PO A1TY 4 8L. Do N* a Note: Please attach description of property. PHS # 179226 Ct 4830'1`1 P't A'h&ne? for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? F ancis S. Hallinan, Esq., Id. No. 62695 ? aniel 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 caa 41swo z O rr F U O d a d O N as w H F w w 0 z w O o a W ?. A d a? O QI O a 0 w ? o? z w xa x x? d? w WA z 0 U O o ?w o? U a z x 3 W U .??? ? zQxQ ¢ z - U N vi O a, M N ?"T - O-,ON M A 'o r4 '0 O w 6 MN ?O a' Z N 0 N pyZ G OZ" 0,7.,c?co?,C4 'C O G- p,pz Z-+z'dZ'p O O O? OZZ" r?z v ab ov . - ZzzooZbbw-?o d o~ ?wwwb ?w a~c?'b ?ww?ww ? mow www'"w?e 4 a, QHxN?`?"AF" >`"c7 ?c7m" ° ?v R. A Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. NAN-ELIZABETH H. MORRISON Defendant(s) Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-3626-CIVIL TERM : CUMBERLAND COUNTY CERTIFICATION - ': The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in tlWa%ove dapti matter and that the premises are not subject to the provisions of Act 91 because: -_J 1 ( ) the mortgage is an FHA Mortgage r t .J`rn ( ) the premises is non-owner occupied C ( ) the premises is vacant .3 (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities By:I I I V"%--,\ I V V 1 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? F ancis S. Hallinan, Esq., Id. No. 62695 ? aniel 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 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. NAN-ELIZABETH H. MORRISON Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3626-CIVIL TERM CUMBERLAND COUNTY PHS # 179226 AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, 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 17 HICKORYTOWN ROAD, CARLISLE, PA 17013. Name and address of Owner(s) or reputed Owner(s): Name NAN-ELIZABETH H. MORRISON 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 0 Address (if address cannot be reasonably C ? ascertained, please so indicate) ',, . j _.., n 17 HICKORYTOWN ROAD te CARLISLE, PA 17013 r - a Address (if address cannot be reasonably ascertained, please so indicate) 3. 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) None. 4. Name and address of last recorded holder of every mortgage of record: Name 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 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 Address (if address cannot be reasonably ascertained, please indicate) None. ° s 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA JEFFREY L. MORRISON JEFFREY L. MORRISON C/O DOUGLAS G. MILLER, ESQUIRE 17 HICKORYTOWN ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 131 ECHO ROAD CARLISLE, PA 17015 60 WEST POMFRET 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 r* ' July 28, 2010 By: Atto key' for Plainti Phelan Hallinan & Schmieg, LLP ? jLa renc e . Phelan, Esq., Id. No. 32227 cis S. Hallinan, Esq., Id. No. 62695 iel 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 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST COURT OF COMMON PLEAS TENNESSEE BANK NATIONAL ASSOCIATION CIVIL DIVISION Plaintiff NO. 08-3626-CIVIL TERM VS. CUMBERLAND COUNTY NAN-ELIZABETH H. MORRISON Defendant(s) n a 771 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY e TO: NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD 2 CARLISLE, PA 17013 "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 17 HICKORYTOWN ROAD, CARLISLE, PA 17013 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 courtjudgment of $196,783.57 obtained by FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION (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 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 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. 08-3626-CIVIL TERM FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs NAN-ELIZABETH H. MORRISON owner(s) of property situate in MIDDLESEX TOWNSHIP, Cumberland County, (Municipality) Pennsylvania, being 17 HICKORYTOWN ROAD, CARLISLE, PA 17013 (Acreage or street address) Parcel No. 21-09-0535-038 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $196,783.57 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 Middlesex Township, Cumberland County, Pennsylvania, bounded and described according to the Preliminary/Final Subdivision Plan for Lee C. and Jean E. Morrison prepared by Fisher Mowery Rosendale and Associates, Inc., surveyors, engineers and planners, dated May 10, 1991, and revised June 24, 1991, September 4, 1991, September 23, 1991, October 1, 1991, October 22, 1991 and recorded in Cumberland County Plan Book 63, Page 114, as follows, to wit: BEGINNING at a point in Hickorytown Road, T-572, at the northwestern corner of Lot No. 5 on the above referred to Plan; thence through said Hickorytown Road, T-572, and along land now or formerly of Stephen R. Myers passing through an iron pin set, North 34 degrees 44 minutes 23 seconds East 264.21 feet to an existing fence post; thence along land now or formerly of Donald L. Brickner, North 41 degrees 21 minutes 34 seconds East 487.89 feet to an iron pin set; thence along same, North 74 degrees 18 minutes 03 seconds East 479.11 feet to an iron pin set; thence along Lot No. 1 on the above-referred-to Plan, South 01 degree 09 minutes 59 seconds West 342.12 feet to an iron pin set; thence along Lot No. 6 on the above referred to Plan, South 64 degrees 49 minutes 32 seconds West 697.15 feet to an iron pin set; thence along same, South 11 degrees 23 minutes 18 seconds West 81.80 feet to an iron pin set; thence along said Lot No. 5 passing through an iron pin set, North 88 degrees 48 minutes 20 seconds West 280.20 feet to a point in said Hickorytown Road, T-572, the Place of BEGINNING. BEING Lot No. 7 on the Preliminary/Final Subdivision Plan for Lee C. and Jean E. Morrison and containing 6.79 acres, exclusive of dedicated right-of-way. TITLE TO SAID PREMISES IS VESTED IN Nan-Elizabeth H. Morrison, by Deed from Jeffrey Lee Morrison and Nan-Elizabeth Morrison, h/w, dated 03/26/2007, recorded 04/11/2007, in Deed Book 279, page 2627. PREMISES BEING: 17 HICKORYTOWN ROAD, CARLISLE, PA 17013 PARCEL NO. 21-09-0535-038 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3626 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOANS, A Division of FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From NAN-ELIZABETH H. MORRISON (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 $196,783.57 L.L. Interest Atty's Comm % Due Prothy $2.00 Atty Paid $1,335.72 Other Costs Plaintiff Paid Date: 9/15/10 avid D. Buell, Prothonotary (Seal) By: REQUESTING PARTY: Name: MICHELE M. BRADFORD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Deputy Telephone: 215-563-7000 Supreme Court ID No. 69849 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION PHS 4179226 DEFENDANT SERVICE, TEAM/ kxc NAN-ELIZABETH H. MORRISON COURT NO.: 08-3626-CIVIL TERM SERVE NAN-ELIZABETH H. MORRISON AT: TYPE OF ACTION 17 HICKORYTOWN ROAD XX Notice of Sheriffs Sale CARLISLE, PA 17013 SALE DATE: 12Mt2010 SERVED Served and made known to NAN-ELIZABETH H. MORRISON , Defendant on the 2ed-av of 2010 _ at p (?jg St*, PA 0,clockg. M., at 1'7 k l40A /i?N f p. in the manner described below: V Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant'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 office or usual place of business. an officer of said Defendant's company- Other Description: Age 4-6.5 Height -(6_ Weight s27 D Race W Sex r (kher 1, !R>PVit-CJ M D LL , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before a this day ofd, 20L4 *4y: *ta: N(}TS VF.D fi('H1,2-113 20 , at o'clock _ M., Defendant NOT FOUsc. ad Address - Moved Does Not Rcside (Not Vacant) Nat at _ Service Refused Other: Sworn to and subscribed before me this day of . By: Notary: ATTORNEY FOR PLAINTIFF faeeame T. 9heFsq, W. Na. 32227 E,7 Feaada S. naM, FAq, lit Na 6895 Da.M G. Sd"m E q. IL K& 62265 C= C=) I Mkk* N. Bmmatt N, Id. Na 69619 ..-....:., Z?; ---i J." T. R--Nk Faq, k Na SF/45 Shedd 0. Shi.Jri, Fs}, Id. NL 71760 J.9w IL Dnq, E.I. X Na 71677 : Lamar R. Tsbw Fs%IL No. 93337 ,` ." " cj .... d" ".- ? Vivek SAraAam Fsq., It NL 267131 r "3 ) ' rT'1 ]a7 C. Jwta Fsq,10. Na 1"M - - J:.'' .? C, Peter J. Mdmb7.Ew, Id. Na 61791 ?' And" L. L*la* 63q., rd. Na 74439 `--- -~; C:) Jaime Mdwiaeev, Faq., hL Na 96131 ' ^?, :,.._J .. -,,._ -p• Ch4m.ahete P. 6riahea, ftq, IL Na 91620 -• (^ j `7'i JWem L GoWnusk Fsq., Id. Na 2MV Coerhen IL Ihr, Fsq, IL Na 266779 Aedrev C. Srawbleth t, Fst.1d NL 20[375 DeePam C®terat Stadm CD , 1617 Jab F. xomW9 Bed- Suite 1406 PlildeW 4 PA 19103-1614 21 7 l' ?` 5) 563 066 1 o ~'IE.~D-t3FF1C~ OF' T~{~ P~;OTNUNOTARY ~o~o ocr i ~ pM z= i CUMS~RLAND CpUNTY PENt~5YLYA~i1A 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 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff v. NAN-ELIZABETH H. MORRISON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 08-362b-CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES 179226 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: Plaintiff commenced this foreclosure action by filing a Complaint on June 17, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on August 7, 2008 in the amount of $187,922.55. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated November 6, 2008, amending the judgment amount to $196,783.57. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit "C". 4.. 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. 5. 'The Property is listed for Sheriffs Sale on December 8, 2010. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 8, 2010 Per Diem $38.64 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation $179,116.16 $41,427.36 $0.00 $1,725.00 $1,227.00 $1,148.52 $37.00 179226 AppraisalBrokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Chazge Suspense/Misc. Credits Escrow Deficit TOTAL $232,902.27 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 7, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and mazked as Exhibit "D". 11. No judge has previously entered a ruling in this case. $90.00 $0.00 $0.00 ($0.00) $8,131.23 179226 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan allinan & Schmieg, LLP L DATE: ~ ~ ~ l ~ ~ ,~ 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 Q] 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 179226 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 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff v. NAN-ELIZABETH H. MORRISON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 08-3626-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 179226 I. BACKGROUND OF CASE NAN-ELIZABETH H. MORRISON 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 17 HICKORYTOWN ROAD, CARLISLE, PA 17013. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 179226 Home Mort,_gagL 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). Moran Guaranty Trust Co. of N.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 Compan~v. Burns, 414 Pa. 495, 200 A.2d 335 (1971}. Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal 179226 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third parry real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be 179226 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 T'he 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 179226 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. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 179226 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. 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. 179226 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: lD/ l~ ` GO By: Phelan Hallinan & Schmieg, LLP ~~ LJ 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 179226 Exhibit "A" 179226 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 JUDITH T. ROMANO , E5Q., Id. No. S874S SHEETAL 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 MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 X21 S~ 563-7000 179226 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff v. t~ N b [~ ~. d w ~ lxa. ' ~ = ~? p art r '~: ~ ~- ,- -. .J .q ! '3 ~.~'.. ~ ~~ 1' ~ n ~ rv ~ ~ o G ; .,` ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION TERM NO. ~ - 3lootlo Uvi ( TP.rlk CUMBERLAND COUNTY NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 Defendant ~h '. ' , l~. ~ - ..: , r „~ ~, CIVIL ACTION - L . ~ t. ` ' ` ' t~:v COMPLAINT IN MORTGAGE FO CL~~~ "~~~~ ATTORNEY FILE COPY PLEASE RETURN File #: 179226 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 yau. 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 #: 179226 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. (197'n, 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 Fite#: (74226 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 FORA 3UDGMENT 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 lf: 179226 1. Plaintiff is FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/02/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1988, Page 960. The 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 02/01/2008 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 #: 179226 6. The following amounts are due on the mortgage: Principal Balance $179,116.16 Interest $5,293.68 01/01!2008 through 06/11/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $195.90 04/06/2007 to 06/11/2008 Cost of Suit and Title Search 550.00 Subtotal $186,405.74 Escrow Credit ($647.03) Deficit $0.00 Subtotal 647.03 TOTAL $185,758.71 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability {or an in Qersonam 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. Fao a: i~92z6 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 dates} 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 $185,758.71, together with interest from 06/11/2008 at the rate of $38.64 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. ELAN HALLINAN & SCHMIEG, LLP By: $107 L NCE T. P LAN, ESQUIRE F CIS 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 MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File ~: 179226 LEGAL DE5CRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described according to the Preliminary/Final Subdivision Plan for Lee C. and Jean E. Morrison prepared by Fisher Mowery Rosendale and Associates, lnc., surveyors, engineers and planners, dated May 10, 1991, and revised June 24, 1991, September 4, 1991, September 23, 1991, October 1, 1991, October 22, 1991 and recorded in Cumberland County Plan Book 63, Page 114, as follows, to wit: BEGINNING at a point in Hickorytown Road, T-572, at the northwestern corner of Lot No. 5 on the above-referred-to Plan; thence through said Hickorytown Road, T-572, and along land now or formerly of Stephen R. Myers passing through an iron pin set, North 34 degrees 44 minutes 23 seconds East 264.21 feet to an existing fence post; thence along land now or formerly of Donald L. Brickner, North 41 degrees 21 minutes 34 seconds East 487.89 feet to an iron pin set; thence along same, North 74 degrees 18 minutes 03 seconds East 479.11 feet to an iron pin set; thence along Lot No. 1 on the above-referred-to Plan, South Ol degxee 09 minutes 59 seconds West 342.12 feet to an iron pin set; thence along Lot No, 6 on the above-referred-to Plan, South 64 degrees 49 minutes 32 seconds West 697.15 feet to an iron pin set; thence along same, South 11 degrees 23 minutes 18 seconds West 81.80 feet to an iron pin set; thence along said Lot No. 5 passing through an iron pin set, North 88 degrees 48 minutes 20 seconds West 280.20 feet to a point in said Hickorytown Road, T-572, the Place of BEGINNING. BEING Lot No. 7 on the Preliminary/Final Subdivision Plan for Lee C. and Jean E. Morrison and containing 6.79 acres, exclusive of dedicated right-of--way. File #: 179226 BEING part of the premises which Lee C. Morrison and Jean E. Morrison, by deed dated December 6, 1991 and recorded December 6, 1991 in the Office of the Recorder of Deeds in and far Cumberland County in Deed Book K35 Page 824, granted and conveyed unto 3effrey Lee Morrison and Nan-Elizabeth Morrison. PARCEL#: 21-09-053 5 -03 8 PROPERTY BEING: I7 HICKORYTOWN ROAD Filc #: 179226 VERIFICATION ~SSlSTA~T V`!GE PR~St~E~~ ~11AI~DA COLUER hereby states that he/she is of FIRST HORIZON HOME LOANS, A DMSION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION ,servicing agent for P}aintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswo si 'on to authorities. e. ~i1lAN;DA COLLIER DATE: Title: ~SSlSTA~T 1('cCE PRESlOENT Company: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION File k: 179226 Exhibit "B" 179226 PRAECIPE TO REASSESS DAMAGES, P.R.C.P. 3180-3183 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST CUUR'1' Ulu' (:UMMUN PLEAS TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff CIVIL DIVISION ~. ~~~V~Y ~'~t.E ~QPY p:~~AS~ ~~rc~~N NAN-ELIZABETH H. ORRISON Defendant(s) NO.08-3626-CIVIL TERM CUMBERLAND COUNTY - ~ n C~a ~,.! T ~ PRAECIPE TO ENTER ORDER ~ ~` _ ° rn~ b To the Prothonotary: r c~i ~ ,~ ~ x~c~ ^ •~~ Kindly enter Judgment on the attached Order of Court dated 11/6/2008 in favor of the Plate anti N against NAN-ELIZABETH H. MORRISON defendant(s). c Z~ ~~' $196,783.57 ~~ ~~.x ~~ ~ ~ Atto ey for _,_._ Phelan HalUnan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 cis S. Hallman, Esq., Id. No. 62695 ~ei G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R Shah-Jani, Esq., Id. No. 81760 ^ Jenine R Davey, Esq., Id. No. 87077 ^ Lauren R Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 6179.1_ ~_ ~,., ~,,,. , ^ Andrew. ~~ ~~ ~~~ ~..? ~.... ^ Jaime M ^ Chrisovalante j ~nk~~~~o ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R Dunn, Esq., Id. No. 206779 ^ Andrew C. Bnunblett, Esq., Id. No. 208375 ~ rea1.~ w-i.I.yn~rrur ~ s ~,.i,P. ~ ' `~ ti.. Aaaasry 1b~ PbYtlt~ ~ I'liYl'i CEliTZit AT BtJBD~f 81'AT~IV ifi7 iO11i~ ~: t IA.VJJt, BOITlr iN9 ir6Q.AD1ali,QA, PA 19iai-1s1~ !Z~} 3d.7~0a FntST SOON 8tlL~ LOANS, A DIVI~tIOr1 Op l~'IIL4T'~ H+-N1C~1-TIOMAL A~OCI'ATI~'1 40N SOQSCGOItI' R-AX DiYII'iG,'CX ?3rQ s CIAI~Ip~RI,A,r1D COiTiri'I'Y OORJRr OF GODi PLEA~R CIVII. DIVISION v. NA1~I-III. bIQI~OTi l7 HICKDItY'POWN IbO~ID C.'AR~ia, PA 17Si3 NOS QBJ~i-CIVQ. TIi~Et1H D~a~t(i~ lRAECBE F08II~i R$M J~ FOXt FAII.UR6 T'a TO TIC PIt07HONOTARY: rci~y ~ as in rain Jet is ~.-or of me Plaumaff sAd agauoat MOBRI®ON _ DerCendaad(a} ~t $iilm+e ~ fik #o Aaswer tin Pia Camplab~ wNhin 20 days fc+ann scrvlce t>ux~eof and for Forecl~oauc+e sad Sale of tha moregagAd pt+emisas, sad assess Pf~dri6g's damages as follows: ~ ~ forth ~ ~~ 1185,758.71 I~at fiom f)6/1?J2008 av OSJa61Z008 52,163.84 rorAL sXgr,s I hereby ce~#'y fltai (1) ttre sddnesses of t2~a Plainfiiff and De,6eodaat(s) arc as shawo above, and (2) tbst nods has been even in aecordaaoe with Rule 237.1, Dopy stbsd~ci. (,~- Q DANY~, d. 301•II1~~C3, ESQ~JIR~ Attotn~y fa Plaoakiff DAMA06$ ARE H73RESY AS3~SSED A3 WDICATED. O PItOTSY 0108 1792?b Exhibit "C" 179226 sov o :s 2oos~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff CUMBERLAND County vs. . No. 08-3626-CIVIL TERM NAN-ELIZABETH H. MORRISON Defendant ORDER AND NO~V, this G ~' day of ~ • , 2008, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to ` amend the judgment and the Sheriff is ordered to amend the writ nuns pro tunc as follows: Principal Balance $179,116.16 Interest Through December 10, 2008 $13,268.09 Per Diem $38.64 Late Charges $195.90 Legal fees $1,250.00 Cost of Suit and Title $1,214.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 AppraisaUBrokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 I~-5~.~ Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $1,739.42 $196,783.57 Plus interest from December 10, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 179226 ~~ ~~~~ ~~~~ ~~VV~ ~ r~t{tR4tly W{18fe0f, i he~'e UOtO get ~ hares ;~ ~~ se~l of said coon ~t Carte. ~. ."~ ..'"_ Prothanut~ryr Exhibit "D" 179226 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 October 7, 2010 NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 RE: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION v. NAN-ELIZABETH H. MORRISON Premises Address: 17 HICKORYTOWN ROAD CARLISLE, PA 17013 CUMBERLAND County CCP, No. 08-3626-CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 12, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. l~.yo L nce T. P an, E uire Fr is S. Hallinan, Esquire D iel G. Schmieg, Esquire ichele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire 179226 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 179226 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 H 'nan & Schmieg, LLP ~~ DATE: ~~' c5- ((~ 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 ATTORNEY FOR PLAINTIFF 179226 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 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff v. NAN-ELIZABETH H. MORRISON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 08-3626-CIVIL TERM CERTIFICATION OF SERVICE 179226 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. NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 DATE: ~~ ~~'( Phelan Hallinan & Schmieg, I.LP By: ~~ ^ L~Gvrence 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 179226 ~F TNE~PROTDNQN TARP FIRST HORI ON HOME LOANS IN THE COURT OF COMMON PLEAS O A DIVISION F FIRST :CUMBERLAND COUNTY, PENNSYLVANI~~Q ~~~ 20 AM 9~ 26 TENNESSE BANK NATIONAL ASSOCIATI N ~ CUMB~RLA~iD COUNTY PLAINTIFF pF~~SY~yAN~A V. NAN-ELIZA~ETH H. MORRISON DEFENDANT NO. 08-3626 CIVIL ORDER OF COURT AN[~ NOW, this 19"' day of October, 2010, upon consideration of the Plaintiff's Motion to Reassess C~amages, IT I~ HEREBY ORDERED AND DIRECTED that: 1. ~ Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. li'he Defendant will file an answer on or before November 8, 2010; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested try Petitioner shall be granted upon the Court's. receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will i determine i~ further Order or hearing is necessary. 4. the Prothonotary is directed to forward said Answer to this Court. By the Court, ~~ M. L. Ebert, Jr., J. Jaime Mc uinness, Esquire Attorney fo~i Plaintiffs an-Elizab th H. Morrison Defendant bas ~~ IBS ~~~ lo~~/«, ~~ ~~~EO-O~FtcE O~ THE PROTHONOTARY 2010 OCT 27 AM 1I ~ 53 CU PENNSYLVAN A TY 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 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff v. CUMBERLAND County No.: 08-3626-CIVIL TERM NAN-ELIZABETH H. MORRISON Defendant CERTIFICATION OF SERVICE 179226 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 8, 2010 was sent to the following individual on the date indicated below. NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 DATE: By: Phelan Hallinan & Schmieg, LLP ~J Lawrence T'Pliel'ari, ~~g,~I . 32227 F cis S. Hallinan, Esq., Id. No. 6 ^ aniel 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 179226 R 4 PRAECIPE TO REASSESS DAMAGES P.R.C.P.3180-3183 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST COURT OF COMMON PLEAS TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff CIVIL DIVISION V. NAN-ELIZABETH H. MORRISON Defendant(s) To the Prothonotary: : NO. 08-3626-CIVIL TERM : CUMBERLAND COUNTY PRAECIPE TO ENTER ORDER Kindly enter Judgment on the attached Order of Court dated 111612008 in favor of the Pintiffand against NAN-ELIZABETH H. MORRISON defendant(s). r , For Judgment Total of: $196,783.57 ` Attohey for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? ancis 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 e ? 9830`18 ?,? ay83r +? Noi is eta 1 If V Nov 0:6 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff CUMBERLAND County VS. NAN-ELIZABETH H. MORRISON Defendant No. 08-3626-CIVIL TERM ORDER AND NOW, this day of -71j7J • , 2008, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $179,116.16 Interest Through December 10, 2008 $13,268.09 Per Diem $38.64 Late Charges $195.90 Legal fees $1,250.00 Cost of Suit and Title $1,214.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 P)IP '10 ? Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Nfisc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $1,739.42 $196,783.57 Plus interest from December 10, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 179226 i UF- COPY FROM RECORV Testimony wher8d, t bare utdo sat my hares ;o tfre woof said Cou(t 31 COW P& V PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE COURT OF COMMON PLEAS BANK NATIONAL ASSOCIATION Plaintiff CIVIL DIVISION v NAN-ELIZABETH H. MORRISON Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 12/11/2008 to Date of Sale ($0.00 per diem) TOTAL NO. 08-3626-CIVIL TERM CUMBERLAND COUNTY $196,783.57 0.00 $196,783.57 c_ A 111n 0 r. (i) $a4.00 Ora nlmy -;& M W 1,14B•" N 18. tso N aq.0o ., 14. oo ------------- $1,335.7a- PO ATtY 4 a. 00 Die 0 Note: Please attach description of property. PHS # 179226 etg83orih et G 4A& A"ttdt°ney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? F ancis S. Hallinan, Esq., Id. No. 62695 ? aniel 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 z 0 F v 0 a z 0 F z as w w H F w w 0 z 0 w o? w? d a? Oa O o° z U W x a F 0 pp? d? WA d z 0 W ? O 3w p W a o o x x?o a d,? 3 ?Oa VI W 0 N ? N ? O at ?t to 00 ?O ?? M _-It N?Nb?OO I- ?M W,'10 N ?OMQ ['- 00? ?NN O p, Z o oz Ozo?ooM.N„? o c? c oz .d zz?z d o o °? ozz o»z'. zzz00z tib y ti c a o^ ?Wpr?iw-mow.°?"??";o ?w ? N? 0q w ? W W w W v y ti, ?? .!? .14 - 0000000000000 s r Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. NAN-ELIZABETH H. MORRISON Defendant(s) Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-3626-CIVIL TERM : CUMBERLAND COUNTY CERTIFICATION - L At -n The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in th?l`bove 6'apti 11 matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage CJ n ( ) the premises is non-owner occupied ?r ( ) 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. By1 I I VW%-,-,\ I VV 1 .?? Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? F ancis S. Hallinan, Esq., Id. No. 62695 ? aniel 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 r FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3626-CIVIL TERM NAN-ELIZABETH H. MORRISON CUMBERLAND COUNTY Defendant(s) PHS # 179226 AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, 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 17 HICKORYTOWN ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): '' --art C-) Name Address (if address cannot be reasonably ascertained, please so indicate) NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD t CARLISLE, PA 17013 r = "' 2. Name and address of Defendant(s) in the judgment: --s Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name 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 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 Address (if address cannot be reasonably ascertained, please indicate) None. i -- a 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA JEFFREY L. MORRISON JEFFREY L. MORRISON C/O DOUGLAS G. MILLER, ESQUIRE 17 HICKORYTOWN ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 131 ECHO ROAD CARLISLE, PA 17015 60 WEST POMFRET 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 unworn falsificatio VIA July 28, 2010 By: Atto ey for Plainti Phelan Hallinan & Schmieg, LLP ? La rence T. Phelan, Esq., Id. No. 32227 ? F ancis S. Hallinan, Esq., Id. No. 62695 ? aniel 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 .? FIRST HORIZON HOME LOANS, A DIVISION OF FIRST COURT OF COMMON PLEAS TENNESSEE BANK NATIONAL ASSOCIATION CIVIL DIVISION Plaintiff NO. 08-3626-CIVIL TERM VS. CUMBERLAND COUNTY NAN-ELIZABETH H. MORRISON Defendant(s) _ n NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ?? ``` ' G ;,.. (s s y TO: NAN-ELIZABETH H. MORRISON'_., 17 HICKORYTOWN ROAD CARLISLE, PA 17013 c •- - "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 17 HICKORYTOWN ROAD, CARLISLE, PA 17013 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 $196,783.57 obtained by FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION (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 calling 215-563-7000. J 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 1# A. SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-3626-CIVIL TERM FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs NAN-ELIZABETH H. MORRISON owner(s) of property situate in MIDDLESEX TOWNSHIP, Cumberland County, (Municipality) Pennsylvania, being 17 HICKORYTOWN ROAD, CARLISLE, PA 17013 (Acreage or street address) Parcel No. 21-09-0535-038 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $196,783.57 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 Middlesex Township, Cumberland County, Pennsylvania, bounded and described according to the Preliminary/Final Subdivision Plan for Lee C. and Jean E. Morrison prepared by Fisher Mowery Rosendale and Associates, Inc., surveyors, engineers and planners, dated May 10, 1991, and revised June 24, 1991, September 4, 1991, September 23, 1991, October 1, 1991, October 22, 1991 and recorded in Cumberland County Plan Book 63, Page 114, as follows, to wit: BEGINNING at a point in Hickorytown Road, T-572, at the northwestern corner of Lot No. 5 on the above referred to Plan; thence through said Hickorytown Road, T-572, and along land now or formerly of Stephen R. Myers passing through an iron pin set, North 34 degrees 44 minutes 23 seconds East 264.21 feet to an existing fence post; thence along land now or formerly of Donald L. Brickner, North 41 degrees 21 minutes 34 seconds East 487.89 feet to an iron pin set; thence along same, North 74 degrees 18 minutes 03 seconds East 479.11 feet to an iron pin set; thence along Lot No. 1 on the above-referred-to Plan, South 01 degree 09 minutes 59 seconds West 342.12 feet to an iron pin set; thence along Lot No. 6 on the above referred to Plan, South 64 degrees 49 minutes 32 seconds West 697.15 feet to an iron pin set; thence along same, South 11 degrees 23 minutes 18 seconds West 81.80 feet to an iron pin set; thence along said Lot No. 5 passing through an iron pin set, North 88 degrees 48 minutes 20 seconds West 280.20 feet to a point in said Hickorytown Road, T-572, the Place of BEGINNING. BEING Lot No. 7 on the Preliminary/Final Subdivision Plan for Lee C. and Jean E. Morrison and containing 6.79 acres, exclusive of dedicated right-of-way. TITLE TO SAID PREMISES IS VESTED IN Nan-Elizabeth H. Morrison, by Deed from Jeffrey Lee Morrison and Nan-Elizabeth Morrison, h/w, dated 03/26/2007, recorded 04/11/2007, in Deed Book 279, page 2627. PREMISES BEING: 17 HICKORYTOVM ROAD, CARLISLE, PA 17013 PARCEL NO. 21-09-0535-038 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3626 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOANS, A Division of FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From NAN-ELIZABETH H. MORRISON (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 $196,783.57 L.L. Interest Atty's Comm % Due Prothy $2.00 Atty Paid $1,335.72 Other Costs Plaintiff Paid Date: 9/15/10 avid D. Buell. Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: MICHELE M. BRADFORD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 69849 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION OF CUMBERLAND COUNTY FIRST TENNESSEE BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. No.: 08-3626-CIVIL TERM NAN-ELIZABETH H. MORRISON Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNT' ) 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.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 CcyAi Mail'Return 1-1 , Receiptstamped by the U.S. Postal Service is attached hereto Ex "A- vrence helan, Esq., Id. N(Y` ')2227 ? Francis allman, 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 ?LaurenR. Tabas, Esq., Id. No. 93337 - ? VivekSriva'stava, Esq., Id. No. 202331 V B. Jones, Esq:,Id. No. 86657er J. Mulcahy, Esq,, Id. No. 61791 drew L. Spivack, Esq., Id,. No. 84439 _ ? Jaime McGuinness, Esq., Id, No. 90134 9 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id No. 205047 ? Courtenay R. Dunn, Es q., Id, No. 206779 """ ? Andrew C, Bramblett, Esq.,''Id. No. 208375 Attorney for Plaintiff Date: 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. PHS 4 179226 v o s o is t aaaOdlz woa? (IgtiVw otoz zoE)nv 9-qz zztao0o " U OV6'Z0 S V4 z o O '. x+09 A3N11d Ago 7 by , i ? ®P? ?ri rcD a aT ?L 6*' O ? r G p: u E C3 II C y,? V ! 'Ci v' C J 1 w N ? U U O ? p 0 0 0 O U..y . N-wO q ? ? hw.a 'Q m u o;a ro .. ? pa w c ?.., H. C D?E "V N U 0 3 F H?: yea z z o" d ? U o r+ ILL c ? O ?o lC> =mar =? u7 c ? 'd' iC ?+ ttl > O A ;. F w t? 0., ,?„ p. ,r R ?" L M 4r Cl h ? O N ?"'?,,, Glr ^'K i==7i '? F!L7I+ O ?`+ o °?'d L V ?d•° o >o ?3 .. >•?+ s, bDa?.M© p('?? P4 5 a a?iR U> a :gU err= owl d'? d o° °+'". d `[ ?d ,.c d -• p ,,,? a coV x pd„? *"?. ty ? L ? ?"''?,,, C ^ .,,, ? ?T IY ,,,j ?.,7 p `„? ?C w"x?:? ,a o °? a d s, o o i C7cs,r? W o? c ti ? '? o U ..4 ? ? .? a; c ? c .c ... ;o ?, ts, o W7 c o >+ 4 r7 >•r a H ,,a ? o ?a.?a o o gC?.?w.7U?Grn, mod; as a??+,?+a E% ?`" io?Ad ?•`? i,ProWAW?? W ?d o oi? ca o w ca a° v;r; ?? ?L?..K Grap3 4 u. pa?Z1-+ <UAU.?u UAcs?:d?,ti.t?rNV`;?UCJ?°oU v Ca ? A Y 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 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff v. NAN-ELIZABETH H. MORRISON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 08-3626-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE 179226 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on October 16, 2010. A Rule was entered by the Court on or about October 19, 2010 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on October 26, 2010, 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. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 8, 2010 . 179226 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 1110119 By: Hallinan & Schmieg, LLP A \\A N I k) ., U Lawrence T. Phelan, Esq., Id. No. 32227 ? ancis S. Hallinan, Esq., Id. No. 62695 aniel 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 179226 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 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. NAN-ELIZABETH H. MORRISON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 08-3626-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 179226 A Motion to Reassess Damages was filed with the Court on October 16, 2010 . A Rule was entered by the Court on or about October 19, 2010 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on October 26, 2010 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 8, 2010. 179226 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: By: Hallinan & Schmieg, LLP AA'--- A 1A i j n ? La ence T. phelabl Esq., Id. No. 32227 ? F cis S. Hallinan, Esq., Id. No. 62695 ? aniel 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 179226 Exhibit "A" 179226 FIRST HORIZON HOME LOANS A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION PLAINTIFF V. NAN-ELIZABETH H. MORRISON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3626 CIVIL ORDER OF COURT AND NOW, this 19' day of October, 2010, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before November 8, 2010; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files 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, M. L. Ebert, Jr., J. Jaime McGuinness, Esquire Attorney for Plaintiffs Nan-Elizabeth H. Morrison Defendant bas l? 11 Exhibit "B" 179226 FILED-OFFICE OF THE P'? .ITI'0NOTARY 2010 OC T 27 AN 11: 53 CUMBTIRLAND COUNTY 'EHNSYLVANIA 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 Jenne 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 FIRST HORIZON HOME LOANS, A DIVISION COLIA Uf5(114nmon Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION .4111 Division Plaintiff , CUMBERLAND County V. No.: 08-3626-CIVIL TERM NAN-ELIZABETH H. MORRISON Defendant CERTIFICATION OF SERVICE 179226 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 8, 2010 was sent to the following individual on the date indicated below. NAN-ELIZABETH H. MO 17 HICKORYTOWiV QA.? CARLISLE, PA 17 DATE: By:. Phelan Hallinan & Schmieg, LLP F_ Uirence T.'PY elk? "'I .32227 is S. Hallinan, Esq., Id. No. oiel 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 F Lauren R. Tabas, Esq., Id. No. 93337 (? Vivek Srivastava, Esq., Id. No. 202331 Q 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. Bramb , Esq., Id. No. 208375 ATTORNEY .FUR II '17IFF 179226 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 Make Rule Absolute 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: Ito - All I h By: v r ? F=iel ence T. Phel , Esq., Ia. No. 227 ? is S. Hallinan, Esq., Id. No. 62695 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 179226 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 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 FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff CUMBERLAND County V. NAN-ELIZABETH H. MORRISON No.: 08-3626-CIVIL TERM Defendant CERTIFICATION OF SERVICE 179226 I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 DATE: ` o By: Phelan Hallinan & Schmieg, LLP ,ems Phelan, Esq., Id. No. 32227 S. Hallinan, Esq., Id. No. 62695 L j fflaniel 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 179226 FILED-OFFICE OF THE PROTNONOTAR? 2010 NOV 16 PPS 2' 35 Cu pEfiNSY fl ANUANTY NOV 15 61U IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff V. NAN-ELIZABETH H. MORRISON Defendant CUMBERLAND County No.: 08-3626-CIVIL TERM ORDER th AND NOW, this b day of k?t4 , 2010, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nune pro tune as follows: Principal Balance $179,116.16 Interest Through December 8, 2010 $41,427.36 Per Diem $38.64 Late Charges $0.00 Legal fees $1,725.00 Cost of Suit and Title $1,227.00 Sheriffs Sale Costs $1,148.52 Property Inspections/ Property Preservation $37.00 Appraisal/Brokers Price Opinion $90.00 Mortgage Insurance Premium / $0.00 V 179226 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $8,131.23 TOTAL $232,902.27 Plus interest from December 8, 2010 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. U 179226 rV6j 1i.. ? t F.S ' ? -Lu -iE! & 179226 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ?` ?fy a?? I f?rS 1,, Sheriff Jody S Smith 10 A M c '2i 5 Chief Deputy Richard W Stewart LA? CO 1 , Solicitor OF P E N 'N S `,' LV k: i A, First Horizon Home Loans vs. Case Number Nan Elizabeth Morrison 2008-3626 SHERIFF'S RETURN OF SERVICE 10/14/2010 02:06 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on October 14, 2010 at 1402 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 Nan Elizabeth Morrison located at 17 Hickorytown Road, Carlisle, Cumberland County, Pennsylvania according to law. 10/14/2010 02:05 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on October 14, 2010 at 1402 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Nan Elizabeth Morrison, by making known unto Nan Elizabeth Morrison personally at 17 Hickorytown Road Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/14/2010 Ronny R. Anderson, Sheriff, 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 Cumberland County Courthouse, Carlisle, PA on December 8, 2010 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg on behalf of Federal National Mortgage Association located at P.O. Box 650043, Dallas TX 75265-0043, being the buyer in this execution, paid to the Sheriff the sum of $763.67. SHERIFF COST: $763.67 December 27, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ??P?'" QW fd-ee- a s3.sV5 -- c Ceur'y&mo Shertf. 1 -e'. e?os; f:... 0?c FIRST HORIZON HOME LOANS, A DIVISION OF hRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff , v. NAN-ELIZABETH H. MORRISON Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3626-CIVIL TERM CUMBERLAND COUNTY PHS # 179226 AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, 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 17 HICKORYTOWN ROAD, CARLISLE, PA 17013. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) NAN-ELIZABETH H. MORRISON 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 17 HICKORYTOWN ROAD CARLISLE, PA 17013 Address (if address cannot be reasonably ascertained, please so indicate) 3. 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) None. 4. Name and address of last recorded holder of every mortgage of record: Name . 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 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 Address (if address cannot be reasonably ascertained, please indicate) None. ' op y 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 t Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 17 HICKORYTOWN ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA JEFFREY L. MORRISON JEFFREY L. MORRISON C/O DOUGLAS G. MILLER, ESQUIRE P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 131 ECHO ROAD CARLISLE, PA 17015 60 WEST POMFRET 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 falsificatio t6 ' July 28, 2010 By; /\? Atto ey for Plainti Phelan Hallinan & Schmieg, LLP ? L rence T. Phelan, Esq., Id. No. 32227 ?? F ancis S. Hallinan, Esq., Id. No. 62695 aniel 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST COURT OF COMMON PLEAS TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff : CIVIL DIVISION : NO. 08-3626-CIVIL TERM VS. CUMBERLAND COUNTY NAN-ELIZABETH H. MORRISON Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NAN-ELIZABETH H. MORRISON 17 HICKORYTOWN ROAD CARLISLE, PA 17013 "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 17 HICKORYTOWN ROAD, CARLISLE, PA 17013 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 $196,783.57 obtained by FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION (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 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 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. 08-3626-CIVIL TERM FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. NAN-ELIZABETH H. MORRISON owner(s) of property situate in MIDDLESEX TOWNSHIP, Cumberland County, (Municipality) Pennsylvania, being 17 HICKORYTOWN ROAD, CARLISLE, PA 17013 (Acreage or street address) Parcel No. 21-09-0535-038 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $196,783.57 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 Middlesex Township, Cumberland County, Pennsylvania, bounded and described according to the Preliminary/Final Subdivision Plan for Lee C. and Jean E. Morrison prepared by Fisher Mowery Rosendale and Associates, Inc., surveyors, engineers and planners, dated May 10, 1991, and revised June 24, 1991, September 4, 1991, September 23, 1991, October 1, 1991, October 22, 1991 and recorded in Cumberland County Plan Book 63, Page 114, as follows, to wit: BEGINNING at a point in Hickorytown Road, T-572, at the northwestern corner of Lot No. 5 on the above referred to Plan; thence through said Hickorytown Road, T-572, and along land now or formerly of Stephen R. Myers passing through an iron pin set, North 34 degrees 44 minutes 23 seconds East 264.21 feet to an existing fence post; thence along land now or formerly of Donald L. Brickner, North 41 degrees 21 minutes 34 seconds East 487.89 feet to an iron pin set; thence along same, North 74 degrees 18 minutes 03 seconds East 479.11 feet to an iron pin set; thence along Lot No. 1 on the above-referred-to Plan, South 01 degree 09 minutes 59 seconds West 342.12 feet to an iron pin set; thence along Lot No. 6 on the above referred to Plan, South 64 degrees 49 minutes 32 seconds West 697.15 feet to an iron pin set; thence along same, South 11 degrees 23 minutes 18 seconds West 81.80 feet to an iron pin set; thence along said Lot No. 5 passing through an iron pin set, North 88 degrees 48 minutes 20 seconds West 280.20 feet to a point in said Hickorytown Road, T-572, the Place of BEGINNING. BEING Lot No. 7 on the Preliminary/Final Subdivision Plan for Lee C. and Jean E. Morrison and containing 6.79 acres, exclusive of dedicated right-of-way. TITLE TO SAID PREMISES IS VESTED IN Nan-Elizabeth H. Morrison, by Deed from Jeffrey Lee Morrison and Nan-Elizabeth Morrison, h/w, dated 03/26/2007, recorded 04/11/2007, in Deed Book 279, page 2627. PREMISES BEING: 17 HICKORYTOWN ROAD, CARLISLE, PA 17013 PARCEL NO. 21-09-0535-038 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3626 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOANS, A Division of FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From NAN-ELIZABETH H. MORRISON (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 $196,783.57 Interest Atty's Comm % Atty Paid $1,335.72 Plaintiff Paid Date: 9/15/10 (Seal) REQUESTING PARTY: L.L. Due Prothy $2.00 Other Costs id D. Buell, rothonotary By: Deputy Name: MICHELE M. BRADFORD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 69849 On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA, Known and numbered as, 17 Hickorytown Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: Real Estate Coordinator -VI The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 This ad ran on the date(s) shown below: 10/15/10 10/22/10 10/29/10 be ore me fiklis 10 ?f-November, 2010 A. D1. 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 2008-3626 Civil Term First Horizon Home Loans A Division of First Tennessee Bank National Association vs Nan Elizabeth Morrison Atty: Danlel Q Schmlaq By virtue of a Writ of Execution No. 08-3626-CIVIL TERM FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK Sworn t0_ /// NATIONAL ASSOCIATION vs. NAN-ELIZABETH H M ? ORRISON . owner(s) of property situate in MIDDLESEX TOWNSHIP, Cumberland County , (Municipality) Pennsylvania, being 17 HICKORYTOWN ROAD, CARLISLE; PA 17013 (Acreage or street address) Parcel No. 21-09-0535-o38 Improvements thereon: RESIDENTIAL. DWELLING JUDGMENT AMOUNT: $196,783.57 1 ?"^ I ry Public ale Patr1*0t'WXtW5 Now you know i COMMONWEALTH V PENNiSYLVANIP I Notarial Seal _t Sherrie L_ Kisner, Notary Public Lower Paxton Twp., Dauphin County ? My Commission Expires Nov, 26, 2041 i Membfir -insv.9vania A.ssociatinn of Netarit- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ??? L-a" 6 isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 2B, 2014 CUMBERLAND LAW JOURNAL 2008-3626 Civil First Horizon Home Loans A Division of First Tennessee Bank National Association Vs. Nan Elizabeth Morrison Atty.: Daniel G. Schmieg By virtue of a Writ of Execution NO. 08-3626-CIVIL TERM, FIRST HORIZON HOME LOANS, A DIVI- SION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. NAN- ELIZABETH H. MORRISON, owner of property situate in MIDDLESEX TOWNSHIP, Cumberland County, Pennsylvania, being 17 HICKORY- TOWN ROAD, CARLISLE, PA 17013. Parcel No. 21-09-0535-038. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $196,783- .57. 87 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mtg Assoc is the grantee the same having been sold to said grantee on the 8th day of December A.D., 2010, under and by virtue of a writ Execution issued on the 15th day of September, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 08 Number 3626, at the suit of First Horizon Home Loans against Nan-Elizabeth H Morrison is duly recorded as Instrument Number 201101196. IN TESTIMONY WHEREOF, I have h reunto set my hand _ and seal of said office this day of A.D. o?D & Recorder of Deeds dMML CN*A mdc=*Crftft MY E?tlMFbtlloid,Idia?N