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HomeMy WebLinkAbout08-4042PHELAN 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 181892 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. MARIA FABRIZI 13 COURTNEY DRIVE SHIPPENSBURGpPA 17257 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. o 'CIO 7 C }-,/ J I cry CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 181892 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 #: 181892 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 File #: 181892 THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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 #: 181892 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: MARIA FABRIZI 13 COURTNEY DRIVE SHIPPENSBURG3PA 17257 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/2;/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED 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. 1986, Page 1146. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2008 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 #: 181892 The following amounts are due on the mortgage: Principal Balance $183,133.19 Interest $5,152.38 02/01/2008 through 07/07/2008 (Per Diem $32.61) Attorney's Fees $1,250.00 Cumulative Late Charges $233.88 03/23/2007 to 07/07/2008 Cost of Suit and Title Search 550.00 Subtotal $190,319.45 Escrow Credit $0.00 Deficit $417.77 Subtotal 417.77 TOTAL $190,737.22 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. 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 #: 181892 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 $190,737.22, together with interest from 07/07/2008 at the rate of $32.61 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP 9o,3y By: LA NCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 181892 LEGAL DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the southerly side of Courtney Drive at corner of Lot B-15 on the hereinafter referred to plan of lots; thence by said Lot B-15, South 10 degrees 21 minutes 00 seconds East, 115 feet to an iron pin on line of Lot A-6 on said plan of lots; thence by said Lot A-6 and by Lot A-5, South 79 degrees 39 minutes 00 seconds West, 90 feet to an iron pin at corner of Lot B-17 on said plan of lots; thence by said Lot B-17, North 10 degrees 21 minutes 00 seconds west, 115 feet to an iron pin on the southerly side of Courtney Drive; thence with the southerly side of Courtney Drive, North 79 degrees 39 minutes 00 seconds East, 90 feet to an iron pin, the place of beginning, containing 10,350 square feet. BEING Lot B-16 on subdivision plan prepared by Carl D. Bert dated March 30, 1999, entitled 'Land Subdivision for Rine Estates, Phase III', and recorded in Cumberland County, Pennsylvania Plan Book 79, Page 32. PARCEL NO: 39-37-2092-103 PROPERTY ADDRESS: 13 COURTNEY DRIVE File #: 181892 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 unworn falsifications to authorities. % J?ac Attorney for Plaintiff /3 y DATE: -71-71P& C ° C30 TA- '?.. V I A fi fi c SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04042 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST HORIZON HOME LOANS VS FABRIZI MARIA R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FABRIZI MARIA but was unable to locate Her in his bailiwick. He therefore returns the t1nR,LT]T TTTTT _ T nvrr Lnuv the within named DEFENDANT , FABRIZI MARIA 13 COURTNEY DRIVE NOT FOUND , as to SHIPPENSBURG, PA 17257 PER POST OFFICE, DEFENDANT LIVES IN NEW YORK. Sheriff's Costs: Docketing Service Not Found Surcharge 7//i. So answer 18.00 ==-? 20.00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00- 53.00 PHELAN HALLINAN SCHMIEG 07/14/2008 Sworn and Subscribed to before me this day of A. D. C'? C N a m rn- Y= r c== u C 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 181892 TRU LE 00+ . Y l -RU to T www. i mm A ON WWI ad ft f Id s6d am at Comm" FL 111!' ATTORNEY FOR PLAINTIFF FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. MARIA FABRIZI 13 COURTNEY DRIVE SHIPPENSBURG;PA 17257 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6 F_ L16 411 Cr,rv I `f" uP, CUMBERLAND COUNTY We hereby certify the within to be aof the nd correct copy original flied of record File #: 181992 "3';°?:? }?'t `ilC.??.i;? . ?x its`:„; 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 #: 181992 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 File #: 181892 THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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 #: 181892 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: MARIA FABRIZI 13 COURTNEY DRIVE SHIPPENSBURGiPA 17257 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/2A/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED 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. 1986, Page 1146. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03101/2008 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 #: 181892 6. The following amounts are due on the mortgage: Principal Balance $183,133.19 Interest $5,152.38 02/01/2008 through 07/07/2008 (Per Diem $32.61) Attorney's Fees $1,250.00 Cumulative Late Charges $233.88 03/23/2007 to 07/07/2008 Cost of Suit and Title Search 550.00 Subtotal $190,319.45 Escrow Credit $0.00 Deficit $417.77 Subtotal 417.77 TOTAL $190,737.22 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 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 #: 181892 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 $190,737.22, together with interest from 07/07/2008 at the rate of $32.61 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ?? 9013Y LA NCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 181892 LEGAL DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the southerly side of Courtney Drive at corner of Lot B-15 on the hereinafter referred to plan of lots; thence by said Lot B-15, South 10 degrees 21 minutes 00 seconds East, 115 feet to an iron pin on line of Lot A-6 on said plan of lots; thence by said Lot A-6 and by Lot A-5, South 79 degrees 39 minutes 00 seconds West, 90 feet to an iron pin at corner of Lot B-17 on said plan of lots; thence by said Lot B-17, North 10 degrees 21 minutes 00 seconds west, 115 feet to an iron pin on the southerly side of Courtney Drive; thence with the southerly side of Courtney Drive, North 79 degrees 39 minutes 00 seconds East, 90 feet to an iron pin, the place of beginning, containing 10,350 square feet. BEING Lot B-16 on subdivision plan prepared by Carl D. Bert dated March 30, 1999, entitled 'Land Subdivision for Rine Estates, Phase III', and recorded in Cumberland County, Pennsylvania Plan Book 79, Page 32. PARCEL NO: 39-37-2092-103 PROPERTY ADDRESS: 13 COURTNEY DRIVE Filet!: 181892 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 unworn falsifications to authorities. ? C , 044, ttomey €o/r'/Plaintiff X13(1 DATE: & ra: W E Z V is li ti? 4 e 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. MARIA FABRIZI Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4042 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: -7 /2,111 U 9 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Si 944'- Francis S. Hallinan, Esquire PHS #: 181892 VERIFICATION Marcia Williams hereby states that he/she is •. ., --• • T c •.- r• - AZ%01y i w ivVL NRESIVEN7 1 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. DATE: Loan:0060406493 e: arcla I ?Iy Titles a V„-•1 VEPRE8'UEN1 vV id ? r ?? : i Company: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION File #: 181892 w 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. MARIA FABRIZI Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4042 CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true 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: MARIA FABRIZI 6 CAROL COURT CONKLIN, NY 13748-1433 Date: 7,12, Lj 0 $ Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff Q / By: t J r ?f/?r^ Francis S. Hallinan, Esquire " 671 r t Mfr ? 5 F ----1 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK PHS # 181892 NATIONAL ASSOCIATION DEFENDANT TEAM4/ imr MARIA FABRIZI COURT TERM: COURT NO.: 08-4042 CIVIL TERM SERVE MARIA FABRIZI AT: TYPE OF ACTION 6 CAROL COURT XX Mortgage Foreclosure CONKLIN, NY 13748-1433 XX Civil Action SERVED Served and made known to kjt S R 1 ]J , Defendant on the -3Aay of 200 , at :10 , o'clock _?. M., at 6 CAA6(- 00MAf t CONK U ti, I4)1 , in the manner described below: _ 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 Height 5 `7 "Weight 40 Race W Sex F Other I, 7 &?0 Of, t- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Com ]aint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 3 day of200 9. Not : J By: THEODORE J. HARMS V /SNOT SERVED On JAPTARY SOW 200, at o'clock . M., Defendant NOT FOUND r 1 JEiflYom- C -MoV= _ No Answer Vacant Other: Sworn to and subscribed before me this day 72W By: Notary: ATTORNEY F UAIMM I.D?.#IEL (. SUHMMG, RE One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 1 2c?l „ p fl- F c -n ?."'? 11.1 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. MARIA FABRIZI 6 CAROL COURT CONKLIN, NY 13748-1433 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-4042 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MARIA FABRIZI , Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest - 07/08/2008 TO 11/06/2008 TOTAL $190,737.22 3$ ,978.42 $194,715.64 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 11 Daniel G. Schmieg, Esquire Attorney for Plaintiff S kj&l loxe i 'j om PHS# 181892 PRO PROTHY a Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. MARIA FABRIZI Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 084042 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MARIA FABRIZI is over 18 years of age and resides at 6 CAROL COURT, CONKLIN, NY 13748-1433. 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 v 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 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 V. MARIA FABRIZI TO: MARIA FABRIZI 6 CAROL COURT CONKLIN, NY 13748-1433 Defendant(s) DATE OF NOTICE: October 24, 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. EWPORTANT 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-4042 CIVIL TERM CUMBERLAND COUNTY Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JASON RICCO Legal Assistant PHS # 181892 ?rrt,?, T-Fr .6" z?' r (Rule of Civil Procedure No. 236) - Revised FIRST HORIZON HOME LOANS, A : CUMBERLAND COUNTY DIVISION OF FIRST TENNESSEE BANK : NATIONAL ASSOCIATION : COURT OF COMMON PLEAS VS. MARIA FABRIZI 6 CAROL COURT CONKLIN, NY 13748-1433 : CIVIL DIVISION : NO. 084042 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on J)ou 7Y , 2008. By: DEPUTY If you have any questions concerning this matter please contact: Aww;'fl x Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (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 PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY" (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. MARIA FABRIZI Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/07/2008 - 03/04/2009 (per diem -$32.01 ) TOTAL No. 084042 CIVIL TERM $194,715.64 $3,777.18 and Costs One Penn Center at Suburban Statioi't,_/ 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. IMPORTANT NOTICE: This prope y is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the la ntiff 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. 181892 $ 198,492.82 Q ?1 W Q N W y a? ?CWO ? is ?? N Ga ?>+ pW0 ? H o O Z x E W P "z E Qi OQ O O O aA I wo wO c? xzH w HOZ V 5 a 0DO M M et 00 M O H ?O y 45 8 000° () 0 -? o 0 "b - - - OD ? o? cd" N N N cl? 00 00 l J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4042 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 MARIA FABRIZI (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 $194,715.64 L.L. $.50 Interest from 11/07/08 - 3/04/09 (per diem - $32.01) -- $3,777.18 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $172.00 Other Costs Plaintiff Paid Date: 11/26/08 (Seal) REQUESTING PARTY: I Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCBMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BL1VD, SUITE 1400 PHILADELPHIA, PA 191 Attorney for: PLAINTIFF Telephone: 215-563-7000 814 O Curtis R. L , Prothono ry By: Deputy Supreme Court ID No. 62205 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. MARIA FABRIZI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4042 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 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 ,13 COURTNEY DRIVE, SHIPPENSBURG. PA 17257-8216 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARIA FABRIZI 6 CAROL COURT CONKLIN, NY 13748-1433 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 13 COURTNEY DRIVE SHIPPENSBURG, PA 17257-8216 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsw9n -Nsification to authorities. November 24, 2008 DATE DAM L G. Attorney for n ?' ?= r?: ? -? .,, - t? tt ._ ? I: ii ? ?? -.? j p.. a ? ? -it.... ta') . ,:. ._ ?? ?„ ? „ay. r ? ?? 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 LOAN, A DIVISION OF FIRST TENNESS E BANK NATIONAL ASSOCIATION Plaintiff, V. MARIA FABRIZI Defendant(s). j ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 084042 CIVIL TERM CERTIFICATION DANIEL G. SCHMI G, 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 (X ) non-owner occupied ( ) vacant (X ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. C 't '`' ti 7 Cam ?"i Cr 0 h FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. MARIA FABRIZI Defendant(s). CUMBERLAND COUNTY No. 08-4042 CIVIL TERM November 24, 2008 TO: MARIA FABRIZI 6 CAROL COURT CONKLIN, NY 13748-1433 *"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT !ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 7 scheduled to be sold at the Sheriffs Courthouse, South Hanover Street, obtained by FIRST HORIZON H( NATIONAL ASSOCIATION (the announcement will be made at said on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County isle, PA 17013, to enforce the court judgment of $194,715.64 rtgagee) against you. In the event the sale is continued, an in compliance with Pa.R.C.P., Rule 3129.3. NOVICE 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 toy, stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may 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 f 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 T LEGAL DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly describe as follows: BEGINNING at an iron pin on the southerly side of Courtney Drive at corner of Lot B-15 on the hereinafter referred to plan of lots; thence by said Lot B-15, South 10 degrees 21 minutes 00 seconds East, 115 feet to an iron pin on line of Lot A-6 on said plan of lots; thence by said Lot A-6 and by Lot A-5, South 79 degrees 39 minutes 00 seconds West, 90 feet to an iron pin at corner of Lot B-17 on said plan of lots; thence by said Lot B-17, North 10 degrees 21 minutes 00 seconds west, 115 feet to an iron pin on he southerly side of Courtney Drive; thence with the southerly side of Courtney Drive, North 79 degrees 39 minutes 00 seconds East, 90 feet to an iron pin, the place of beginning, containing 10,350 square feet. BEING Lot B-16 on subdivision plan prepared by Carl D. Bert dated March 30,1999, entitled 'Land Subdivision for Rine Estates, Phase 1', and recorded in Cumberland County, Pennsylvania Plan Book 79, Page 32. I? TITLE TO SAID PREMISES IS VESTED N Maria Fabrizi, by Deed from Keith A. Kunkleman and Lisa A. Kunkleman, his wife, dated 03/22/2007, recorded 03/26/2007 in Book 279, Page 1325. SUBJECT TO Declarations of Covenants and Restrictions for Rine Estates Subdivision, Phase I and II dated October 21998 at Deed Book 590/1071 PREMISES BEING: 13 COURTNEY DRIVE, SHIPPENSBURG, PA 17257-8216 PARCEL NO. 39-37-2092-103 AFFIDAVIT OF SERVICE PLAINTIFF FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION DEFENDANT(S) MARIA FABRIZI SERVE MARIA FABRIZI AT: 6 CAROL COURT CONKLIN, NY 13748-1433 SERVED CUMBERLAND COUNTY No. 08-4042 CIVIL TERM ACCT. #181892 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 4, 2009 Served and made known to M 4-A to t'A SR I Z ( , Defendant, on the day of DECEM BER. 200 , at 6 30 , o'clock t.m., at G 04901- (&UWT t all KLI N , 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. -- per- ---- ----- - Description: Age 3©S Height 5 ?7 Weight '7 v40 Race W Sex F Other 1, V04VAI-D 14AD t--- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _ f14% day of 'DF,c4mAP-2, 200. r?" 1"W Notary: By: PLEA E ATT T SERX CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEdDDRE J. HARR NpTARY pUBLIC NOT SERVED W JgEY On the Q cR1of2512p12 200_, at o'clock -.m., Defendant NOT FOUND because: c MM SS10N E PmE. ved Unknown No Answer Vacant 1st Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of Notary: 2nd Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCIIMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ? - - =: ?::? ?:, -;?.? ?r ?? ?.1 Y °?R ' Y rr ? Y W ` "I'? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. Court of Common Pleas MARIA FABRIZI Defendant Civil Division CUMBERLAND County No. 08-4042 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 July 9, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on November 7, 2008 in the amount of $194,715.64. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 4, 2009. 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 March 4, 2009 Per Diem $32.61 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $183,133.19 $12,907.72 $233.88 $1,300.00 $1,226.50 $0.00 $240.00 $0.00 $296.00 $0.00 ($0.00) $3,289.77 $202,627.06 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 January 7, 2009 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. ` Phelan Hallinan & Schmieg, LLP DATE: BY: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Court of Common Pleas Civil Division Plaintiff V. CUMBERLAND County MARIA FABRIZI Defendant No. 08-4042 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE MARIA FABRIZI 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 13 COURTNEY DRIVE, SHIPPENSBURG, PA 17257-8216. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home 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 Cori). v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v Cion oli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" F 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 181892 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 v. Plaintiff MARIA FABRIZI 13 COURTNEY DRIVE SHIPPENSBURGOPA 17257 Defendant c LLTirrf = to ?Q lob ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 Fr - V6 q a c ?%jj (']? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Re M 181892 We hereby certify the within to be a true and correct copy of the original filed of record A r,, NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are 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 #: 181892 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 File k 181992 THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File k: 181892 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: MARIA FABRIZI 13 COURTNEY DRIVE SHIPPENSBURGiPA 17257 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/24/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED 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. 1986, Page 1146. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2008 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 #: 181892 6. The following amounts are due on the mortgage: Principal Balance $183,133.19 Interest $5,152.38 02/01/2008 through 07/07/2008 (Per Diem $32.61) Attorney's Fees $1,250.00 Cumulative Late Charges $233.88 03/23/2007 to 07/07/2008 Cost of Suit and Title Search 550.00 Subtotal $190,319.45 Escrow Credit $0.00 Deficit $417.77 Subtotal 417.77 TOTAL $190,737.22 If the mortgage is reinstated prior to a Sheriff's Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of.the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 181992 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 $190,737.22, together with interest from 07/07/2008 at the rate of $32.61 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: go/ y LA NCE TQT?.T.?ANAX, 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 #: 181892 LEGAL DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the southerly side of Courtney Drive at corner of Lot B-15 on the hereinafter referred to plan of lots; thence by said Lot B-15, South 10 degrees 21 minutes 00 seconds East, 115 feet to an iron pin on line of Lot A-6 on said plan of lots; thence by said Lot A-6 and by Lot A-5, South 79 degrees 39 minutes 00 seconds West, 90 feet to an iron pin at corner of Lot B-17 on said plan of lots; thence by said Lot B-17, North 10 degrees 21 minutes 00 seconds west, 115 feet to an iron pin on the southerly side of Courtney Drive; thence with the southerly side of Courtney Drive, North 79 degrees 39 minutes 00 seconds East, 90 feet to an iron pin, the place of beginning, containing 10,350 square feet. BEING Lot B-16 on subdivision plan prepared by Carl D. Bert dated March 30, 1999, entitled 'Land Subdivision for Rine Estates, Phase III', and recorded in Cumberland County, Pennsylvania Plan Book 79, Page 32. PARCEL NO: 39-37-2092-103 PROPERTY ADDRESS: 13 COURTNEY DRIVE File #: 181892 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 unworn falsifications to authorities. iy1 C ttorney for Plaintiff DATE-_-17-7/0 Exhibit "B" Phelan Hallinan & Schmieg, LLP By. Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (210320-0007 Attorney for Plaintiff FIRST HORIZON HOME LOANS, A : CUMBERLAND COUNTY DIVISION OF FIRST TENNESSEE BANK : NATIONAL ASSOCIATION : COURT OF COMMON PLEAS VS. : CIVIL DIVISION . 4' '. MARIA FABRIZI NO. 08-4042 CIVIL TERM 6 CAROL COURT .r CONKLIN, NY 13748-1433 PRAECIPE FOR IN REM JUDGME R FAILURE TO o p r7 - ANSWER AND ASSESSMENT OF DAMAGES; o ? rr?1r TO THE PROTHONOTARY: r ra v _ o Kindly enter judgment in favor of the Plaintiff and against MARIA FABRIr - ?' Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from ce thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damag.", follows: As set forth in Complaint Interest - 07/08/2008 TO 11/06/2008 TOTAL $190,737.22 78.42 $194,715.64 I hereby certify that 0) the addresses of the 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 4E Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED A 124 ATED. 41 : DATE: //I /." /". PHS# 181892 Al ak4-i K•? ?do PRO PROTHY Exhibit "C" 7 ?.t o° a? a w o U ? vU z? ?a a0 Pr h d C? V G fl zeo ate- E . o E N v o E sv ? Q L N 7 U w E 9 so L6 L 3aoodiz woad a3li E ? E 9 ew soot L O Nvr o we Lzt ooo 004•ZQ $ M Z0 E a 65 A3NMd w o api ra f_ d??O 1 ac 6> M _ br c c ?, E E E G E ?? Uw. _ k N W ? U 'O _ OU C U N N U fry O UU? v .? U N O ? v W •C U ? O ?p ?A ONO umS?E w r OC O W E N C p E o E 96 ' $? AE ' rl 1 C C O N ? - O .C y 00 a goo i? M ? ? '? ? se's a .l rr d z w ? O W o U a a ? b a ° a ? a°w 0 ^ U y U b a x U o? U - w w 4-4 o6 ?a ? 00 a a E z v z 00 00 x x rz E y .? LE ? - N to 1.0 r- 00 ?0 VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. DATE: J'? la By Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 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 Court of Common Pleas Civil Division CUMBERLAND County V. MARIA FABRIZI Defendant No. 08-4042 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. MARIA FABRIZI 6 CAROL COURT CONKLIN, NY 13748-1433 DATE: 11-2 /67 By: MARIA FABRIZI 13 COURTNEY DRIVE SHIPPENSBURG, PA 17257-8216 Phel Hallman & Schmieg, LLP Z Michele M. Bradford, Esquire Attorney for Plaintiff C* Z C* C= !` .. 7n w -r "r7 ! f V JAN 1 4 2009 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. MARIA FABRIZI Defendant RULE Court of Common Pleas Civil Division CUMBERLAND County No. 08-4042 CIVIL TERM AND NOW, this 6 day of ?T> r? 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. /.c3? 1 ?1 i 1? Z D d 2 y S b t S ? '? ? Rule Returnable in the Main SC'1vfL'C C,` ?y[S bs CJ U?a27 ?G'?e? S L bL C ?^c'S ehSl t't? C P I2 ?? r' BY THE COURT 6?c J. Ano .6 W ZZ N VP 60OZ Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com MARIA FABRIZI 6 CAROL COURT CONKLIN, NY 13748-1433 MARIA FABRIZI 13 COURTNEY DRIVE SHIPPENSBURG, PA 17257-8216 181892 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. MARIA FABRIZI Defendant Court of Common Pleas Civil Division CUMBERLAND County : No. 08-4042 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 February 05, 2009 was sent to the following individual on the date indicated below. MARIA FABRIZI 6 CAROL COURT CONKLIN, NY 13748-1433 DATE: Z? "S By: MARIA FABRIZI 13 COURTNEY DRIVE SHIPPENSBURG, PA 17257-8216 Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff ?`;? °" r 7 ?... .. ? Fr :? 1 ?? ?.: ? .::, ?? FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. MARIA FABRIZI : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-4042 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: February 2, 2009 DANIEL G. SCHMII Attorney for Plaintiff '/ . l p, Si, D? tY w 0 O U Co M a ? a v? O 0 Ln O ea a ?xa a. 'Y¦ ? y T`r ? s' V2 ti 5 , iFd?d A U _ A H lZo aY ? O A O M ? N W ? O a 0 4 1 x x cod U +' cd ? O w I-z x c`°v p1 ?, Z IS o e ? O? QO°"w ?O ?UM°Aa U v y OT.8 L p U Yy 61 ? O? ? N 0 N O G R C (] G '" L y E 5 ? v X N cp N G ?, L p F+ N .7 U? hip b C C ?. y O p O ?- D C ? ? N 7 rA Y N L. C G N W ? w d ? ? O N 58 ? b `U? 't6 N 7 N O T C O pq d > 0 0 p w G O o §N v q U ? A E cn ,d C q ? p? L" No N O ?,°' NS o4 a QN S 00 w 000 a O ? a w ?v T V U p, W M Lit U U w T E O Q] Z W ? N m O+ z' d t1 ? O '"N-• ?` u ? o. 00 OHO O, M ? N a c1? _ W N 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 V. MARIA FABRIZI Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-4042 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 January 13, 2009. 3. A Rule was entered by the Court on or about January 16, 2009 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 January 28, 2009, 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 February 5, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: Z AF ld s By: ?/'?073 Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. MARIA FABRIZI Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-4042 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on January 13, 2009. A Rule was entered by the Court on or about January 16, 2009 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 January 28, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 5, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" e . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff CUMBERLAND County V. No. 08-4042 CIVIL TERM MARIA FABRIZI Defendant RULE AND NOW, this A day o 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. W,t1,m 20 j.U.s OF b,, JA. e of t:?i s d r e.R . Rule Returnable a per--- 6erviee, ofh;s or eR .Qor3 a en en re5p0K3i1 11 i Vy OF PlauAV% FF. 1K111 shat'1 be- BY THE OURT IS 6L-. Z? . J . Exhibit "B" r- ? -7; rn J r1Lt GLIB rf = i URt . , PLEASE RET ` - C-, ..-I PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION V. MARIA FABRIZI Plaintiff Defendant Court of Common Pleas Civil Division ATM". P C ry SE RETL)P k' N'o ?8-4042 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 February 05, 2009 was sent to the following individual on the date indicated below. MARIA FABRIZI 6 CAROL COURT CONKLIN, NY 13748-1433 DATE: Z? ('S By: fy MARIA R4 It 13 COURT 1E SHIPPENSBURG, PA 17257-8216 Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff ??' . _. .. VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unworn falsification of authorities. / Phelan Hallinan & Schmieg, LLP DATE: b, l ? z 5' By: Michele M. Bradford, Esquire Attorney for Plaintiff c . 0. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (,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. No. 08-4042 CIVIL TERM MARIA FABRIZI Defendant 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. MARIA FABRIZI 6 CAROL COURT CONKLIN, NY 13748-1433 MARIA FABRIZI 13 COURTNEY DRIVE SHIPPENSBURG, PA 17257-8216 Phelan Hallinan & Schmieg, LLP DATE: 2,/5' (7 By: Michele M. Bradford, Esquire Attorney for Plaintiff c° r rn tx? 171 q, s FEB , 2 2009 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 V. No. 08-4042 CIVIL TERM MARIA FABRIZI Defendant ORDER AND NOW, this k' day of t- e . , 2009, 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 $183,133.19 Interest Through March 4, 2009 $12,907.72 Per Diem $32.61 Late Charges $233.88 Legal fees $1,300.00 Cost of Suit and Title $1,226.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $240.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $296.00 $0.00 ($0.00) $3,289.77 $202,627.06 Plus interest from March 4, 2009 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. 181892 .dno) W8 L 1033 60-OZ 'ZIl tt ?r 4 4 l',t Cl it L JU -,,,,_ .17-J COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which FANNIE MAE is the grantee the same having been sold to said grantee on the 4TH day of MARCH A.D., 2009, under and by virtue of a writ Execution issued on the 26 day of NOV, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 4042, at the suit of FIRST HORIZON HOME LOANS against MARIA FABRIZI is duly recorded as Instrument Number 200908495. IN TESTIMONY WHEREOF, I have hereunto set my hand lzl? and seal of said office this 0j day of A.D. aO?D _ Wcorder of Deeds do, 0xft vW Counly, Caret, PA Expkoa the F#* Monday of Jan. 2010 First Horizon Home Loans, a Division In The Court of Common Pleas of Of First Tennessee Bank National Cumberland County, Pennsylvania Association Writ No. 2008-4042 Civil Term VS Maria Fabrizi R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice of Sale and Description in the following manner: The Sheriff mailed a notice of the action by certified mail, return receipt requested to the within named defendant, to wit: Maria Fabrizi, to her last known address of 6 Carol Court, Conklin, NY 13748- 1433. The return receipt card was signed by Maria Fabrizi on December 24, 2008 and returned to the Cumberland County Sheriffs Office. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2009 at 1738 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 Maria Fabrizi located at 13 Courtney Drive, Shippensburg, 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: Maria Fabrizi, by regular mail to her last known address of 6 Carol Court, Conklin, NY 13748-1433. This letter was mailed under the date of January 13, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 4, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Fannie Mae, of, P.O. Box 650043, Dallas, TX 75265-0043 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,042.99 Sheriffs Costs: Docketing $30.00 Poundage 20.45 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 17.10 Levy 15.00 Surcharge 20.00 Post Pone Sale Certified Mail 5.71 Law Journal 365.00 Patriot News 389.21 Share of Bills 15.52 -23 j -: +c: CIQ r ?LL£ . •- L- _ r_-7 rutz t t1URIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ,tSSOCIATION v. Plaintiff, MARIA FABRIZI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4042 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 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,13 COURTNEY DRIVE, SHIPPENSBURG, PA 17257-8216 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARIA FABRIZI 6 CAROL COURT CONKLIN, NY 13748-1433 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13 COURTNEY DRIVE SHIPPENSBURG, PA 17257-8216 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.A. § 4904 relating to unswpnr-fssification to authorities. November 24, 2008 DATE D AMEL G. Attorney for I FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. MARIA FABRIZI Defendant(s). CUMBERLAND COUNTY No. 08-4042 CIVIL TERM November 24, 2008 TO: MARIA FABRIZI 6 CAROL COURT CONKLIN, NY 13748-1433 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 13 COURTNEY DRIVE, SHIPPENSBURG, PA 17257-8216, is scheduled to be sold at the Sheriff s Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $194,715.64 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. '1 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 WRIT OF EXECUTION and/or ATTACHMENT COM40NWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4042 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 MARIA FABRIZI (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 $194,715.64 L.L. $.50 Interest from 11/07/08 - 3/04/09 (per diem - $32.01) -- $3,777.18 and Costs Atty's Comm % Atty Paid $172.00 Plaintiff Paid Date: 11/26/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs rtis R. L rothono ary By: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 Real Estate Sale #66 On December 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 13 Courtney Drive, Shippensburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 15, 2008 By: Real Esta `Sergeant LEGAL DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the southerly side of Courtney Drive at corner of Lot B-15 on the hereinafter referred to plan of lots; thence by said Lot B-15, South 10 degrees 21 minutes 00 seconds East, 115 feet to an iron pin on line of Lot A-6 on said plan of lots; thence by said Lot A-6 and by Lot A-5, South 79 degrees 39 minutes 00 seconds West, 90 feet to an iron pin at corner of Lot B-17 on said plan of lots; thence by said Lot B-17, North 10 degrees 21 minutes 00 seconds west, 115 feet to an iron pin on the southerly side of Courtney Drive; thence with the southerly side of Courtney Drive, North 79 degrees 39 minutes 00 seconds East, 90 feet to an iron pin, the place of beginning, containing 10,350 square feet. BEING Lot B-16 on subdivision plan prepared by Carl D. Bert dated March 30,1999, entitled 'Land Subdivision for Rine Estates, Phase III', and recorded in Cumberland County, Pennsylvania Plan Book 79, Page 32. TITLE TO SAID PREMISES IS VESTED IN Maria Fabrizi, by Deed from Keith A. Kunkieman and Lisa A. Kunkleman, his wife, dated 03/22/2007, recorded 03/26/2007 in Book 279, Page 1325. SUBJECT TO Declarations of Covenants and Restrictions for Rine Estates Subdivision, Phase I and II dated October 2 1998 at Deed Book 590/1071 PREMISES BEING: 13 COURTNEY DRIVE, SHIPPENSBURG, PA 17257-8216 PARCEL NO. 39-37-2092-103 The. Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4e Patr1*otwXews 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 REAL ESTATE SALE NO. 66 Writ No. 2008-4042 Civil Tenn First. Horizon Horne Loans, a Division of First Tennessee Bank National Association VS Maria Fabrid Attorney Daniel Schmleg LEGAL DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County; Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an imn pin on the southerly side of Courtney Drive at cornet of Lot B-15 on the hereinafter referral to plan of lots; thence by said Lot B-15, South 10 degrees 21 minutes 00 seconds East, 115 fed to an iron pin on line of Lot A-6 on said plan of lots, thence by said Lot A-6 and by Lot A-5, South 79 degrees 39 minutes 00 seconds West, 90 feet to an iron pin at comer of Lot B-17 on said plan of lots; thence by said Lot B-17, North 10 degrees 21 minutes 00-seconds west, 111 feet to an iron pin on the southerly side of Courtney Drive; thence with the southerly side of Courtney Drive, North 79 degrees 39 minutes 00 seconds East, 90 feet to an iron pm, the place of beginning, containing 10,350 square feet BEING Lot B-16 on subdivision plan prepared by Carl D. Bert dated March 30, 1999, entitled `Land Subdivision for Rine Estates, Phase III', and _ recorded in Cumberland County, Pennsylvania Phm:Book 79, Page 32. TITLE TO SAID PREMISES IS VESTED IN Maria Fabrizi, by Deed from Keith A. KuWdeman and Lisa A. KuWdeman, his wife, dated 021/2007, recorded 03/26/2007 in Book 279, Page 1325. SUBJECT TO Declarations of Covenants and Restrictions fro Rine Estates Subdivision, Phase I and-11 dated Wober 21998 at Deed Book 590/ 1071 PREMISES BEING: 13 COURTNEY DRIVE, SHIPPENSBURG, PA 17257-8216 PARCEL NO. 39-37-2092-103 This ad ran on the date(s) shown below: Sworn to and s6b i ed before mq this 25 da of February, 2009 A.D. Notary Public COMMONWEA1,TJ ,a,F T)F%NSYLJAN;A Sherrie L. Kip,i. a Nc tary Public QyOfHamst Dauphin C=* My c4mrolssic" Expires Nov. 26, 2011 Member, Pennsylvv+,:a ^ aciation of Notsrles 01 /21 /09 01/28/09 02/04/09 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: January 30, February 6, and February 13, 2009 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. Marie SWORN TO AND SUBSCRIBED before me this 13 day of February 13, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28, 2010 Writ No. 2008-4042 Civil First Horizon Home Loans, a Division of First Tennessee Bank National Association vs. Maria Fabrizi Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland county, commonwealth; of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the southerly side of Courtney Drive at corner of Lot B-15 on the hereinafter' referred to plan of lots; thence by' said Lot B-15, South 10 degrees 21i minutes 00 seconds East, 115 feet to an iron pin on line of Lot A-6 on said plan of lots; thence by said Lot A-6 j and by Lot A-5, South 79 degrees 39 minutes 00 seconds West, 90 feet to an iron pin at comer of Lot B-17 on said plan of lots; thence by said Lot B-17, North 10 degrees 21 minutes 00 seconds west, 115 feet to an iron pin on the southerly side of Courtney' Drive; thence with the southerly side' of Courtney Drive, North 79 degrees 39 minutes 00 seconds East, 90 feet to an iron pin, the place of beginning, containing 10,350 square feet. Lot B-16 on subdivision ed by Carl D. Bert dated 1999, entitled 'Land Sub-' division for Rine Estates, Phase III', and recorded in Cumberland CWAKW, Pftmsyivania Plan Book 79, Page 32. TITLE TO SAID PREMISES IS VESTED IN Maria Fabrizi, by Deed from Keith A. Kunkleman and Lisa A. Kunkleman, his wife, dated 03/22/ 2007, recorded 03/26/2007 in Book 279, Page 1325. SUBJECT TO Declarations of Covenants and Restrictions for Rine Estates Subdivision, Phase I and 11 dated October 2 1998 at Deed Book 590/1071. PREMISES BEING: 13 COURT- NEY DRIVE, SHIPPENSBURG, PA 17257-8216. PARCEL NO. 39-37-2092-103.