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HomeMy WebLinkAbout08-4672PHELAN 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 183465 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. ROBERT L. WILLIAMS 31 EAST FACTORY STREET MECHANICSBURG, PA 17055-3324 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08- 41&'1a 0IVi I Term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 183465 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 #: 183465 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 #: 183465 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 #: 183465 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: ROBERT L. WILLIAMS 31 EAST FACTORY STREET MECHANICSBURG, PA 17055-3324 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/15/2006 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. 1962, Page 3076. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2008 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 #: 183465 6. The following amounts are due on the mortgage: Principal Balance $89,568.96 Interest $2,686.29 03/01/2008 through 07/29/2008 (Per Diem $17.79) Attorney's Fees $1,250.00 Cumulative Late Charges $124.16 08/15/2006 to 07/29/2008 Cost of Suit and Title Search 550.00 Subtotal $94,179.41 Escrow Credit ($524.48) Deficit $0.00 Subtotal 524.48 TOTAL $93,654.93 7 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in nersonam 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 #: 183465 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 $93,654.93, together with interest from 07/29/2008 at the rate of $17.79 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. , LLP By: ,LAWRENCE T. PHELAN, ESQUIRE` /FRANCIS S. HALLINAN, ESQUIRE S?? 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 #: 183465 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern line of East Factory Street, which point is 50.40 feet from the western line of North Arch Street; thence by the northern line of East Factory Street, South 80 degrees 00 minutes 00 seconds West, 29.25 feet to a pipe at the corner of land now or late of Gelwicks; thence by lands now or formerly of Gelwicks, North 13 degrees 56 minutes 30 seconds West, 120.42 feet to a point in the southern line of Creamery Alley; thence by the southern line of said alley, North 79 degrees 43 minutes 00 seconds East, 35.87 feet to a pin; thence by lands now or late of Russell Murray, South 10 degrees 47 minutes 30 seconds East, 120.33 feet to the place of BEGINNING. HAVING erected thereon a dwelling house being known and numbered as 31 East Factory Street, Mechanicsburg, Pennsylvania, said description being in accordance with a survey dated July 8, 1977 by D. P. Raffensperger Associates. Tax Parcel No. 18-23-0565-005. UNDER AND SUBJECT, NEVERTHELESS, to any conditions, covenants, restrictions, reservations, easements and rights of way of record. PREMISES: 31 EAST FACTORY STREET File #: 183465 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. for Plaintiff 6z6q? DATE: 7 3 / 6 1 M` a ? L R ? rI ? - r 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. ROBERT L. WILLIAMS Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4672 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. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: -?? Francis S. Hallinan, Esquire Date: 8/12/08 PHS #: 183465 s.' VERIFICATION Marcia WDRi xmy hereby states that he/she is AS513TMT VICE LRr- "''PTI SST 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. a e: Maa'cia Wllllarn5 DATE: Tit?SSISTANT 'ICE PRI SII? U Company: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Loan:0058560913 File #: 183465 i 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. ROBERT L. WILLIAMS Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4672 CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: ROBERT L. WILLIAMS 31 EAST FACTORY STREET MECHANICSBURG, PA 17055-3324 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, Esquire Date: 8/12/08 n.s 73 ?• -? x C,? no if7 l SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-04672 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOANS VS WILLIAMS ROBERT L R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WILLIAMS ROBERT L but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On August 22nd , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answ -? ..... __... , Docketing 18.00 _.-- ---- .J ? ? -? Out of County 9.00 Surcharge 10.00 R' Thomas Kline Dep York County 19.00 Sheriff of Cumberland County Postage 1.51 57.51 V 91pYld g - 00/00/0000 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. Is 9 0 PENNY PRESS OF YORK, INC. Ph (717) 8434078 Fax (717) 846-1360 . COUNTY OF YORK OFFICE OF THE SHERIFF S(717) 77196 tL 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE IN STRUCU MS, PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 00 NOT DETACH ANY COBS 1 PITMHORIZON HOME LOANS.... 3. DEFENDANT/S/ ROBERT L. WILLIAMS 2 COURT NUMBER 4. TYPE OF WRIT OR COMPLAINT MORTGAGE FORECLOSNpT ICE , CIMF SERVE ' RO ERT L.u T~ TjfE MAST. %'%JMrV ,..1WM ?. __ __......._..-- - ---- y 6 ADDRESS STREET OR RFO WITH BOX NUMBER, APT NO.. CI .1 F3QYTWP . STATE AND ZIP CODE) AT 317 MOU?iT PLEASANT ROAD, HANOVER, jj 7, INDICATE SERVICE: O PERSONAL ? PERSON IN CHARGE EPUTIZE 0 CERT MAIL U 1ST CLASS MAIL 0 POSTED 0 OTHER NOW August 5 20 08 I, SHERIFF UNTY, PA, hereby deputi he sheriff of York COUNTY to execute this ake r t n t a;9prding to law. This deputization being made at the request and risk of the plaintiff., SHERIFF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE OUT OF CO. PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES AND 1 TIME AFTER 6 PM ADV FEE PAID BY ATTY. Please mail return of service to Ctanberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or atta I. t liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sate thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and G TORE 10. TELEPHONE NUMBER 11 DATE FILED r PHELAN, HALLINAN & SCHMIEG, LL 215-563-7000 07/29/2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BLOW: (This arearmust be completed if notice is to be mailed) tS - 4 - G U V a ONE PENN CENT% STE. 1400, PHILA., PA 19103 CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERFF - 00 NOT VVM TE SMOW TM LA 13. 1 acknowkdge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J MC G I LL YC S O 18-6-2008 19-3-08 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. VI hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 119. Date of Service 20 Time of Service 21. ATTEMPTS Date Time Miles Int. I Date I Time I Miles I Int Date I Time I Miles I Int i Date I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int. 22 THIS ADDRESS IS NOT IN YORK COUNTY IT IS IN ADAMS COUNTY. 23. Advance Costs 24. Service Costs 25. N/F 26 Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or efund Check No. $ 100.00 -00 -- ..06 1140 - -00 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40 Costs Due or Refund 41. AFFIRMED and subsocrribedd to bef a me thi 19th 12, day of & He4FlN14Ht"-A I N0 :' A L ° rS l LISA L C ?.'. Y PUBLIC CITY '0" 44. Signature of Dep. Sheriff f 46. Signature of York County Sheriff RICHARD P.( 48. Signature of Foreign 45. DATE 47. DATE 8-19-2008 r 49 DATE Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff VS. ROBERT L. WILLIAMS Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : No. 08-4672 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: January 5, 2009 PHELAN HALLINAN & CH IEG, LLP By: ?o?,.----.- Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff /jmr, Svc Dept. File# 183465 `-°?'t ? ? O ? ' t ,_': ?` ? ? t t HIV ? .,. ? ?ry s? ? o ?. .,? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-04672 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOANS VS WILLIAMS ROBERT L R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: but was unable to locate Him deputized the sheriff of ADAMS serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On January 22nd , 2009 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: So answer Docketing 18.00 - r.- - - Out of County 9.00 Surcharge 10.00 R. Thomas Kli e Dep Adams County 35.55 Sheriff of C mberland County .00 72.55 01/22/2009 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. . L t.e 4 ?a CT N a.,7 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff VS. ROBERT L. WILLIAMS Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY No. 08-4672 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the. Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: February 19, 2009 aLALLP By.J. Fr cis S. Hallinan, quire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff /jmr, Svc Dept. File# 183465 `Cn` //? + . ?? V ? ' iii ??; -?, Sheriffs Office of Cumberland County R Thomas Kline gut tp of cumber Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/05/2009 12:38 PM - R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant to wit: Robert L. Williams at 31 East Factory St., Mechanicsburg, Cumberland County, Pennsylvania but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant, Robert L. Williams. The Post Office advises that the defendant's mail is delivered to this address, but the property is vacant. SHERIFF COST: $42.00 (PAID) March 16, 2009 SO ANSWERS, R THOMAS KLIN'E, SHERIFF 2008-4672 By_ First Horizon Home Loans VS Robert L. Williams Deputy Sheriff C7 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Attorneys for Plaintiff Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 First Horizon Home Loans, A Court of Common Pleas Division of First Tennessee Bank National Association Civil Division vs. Cumberland County Robert L. Williams No. 08-4672-Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Robert L. Williams, by first class mail and certified mail to the Defendant's mortgaged premises, 31 East Factory Street, Mechanicsburg, PA 17055-3324, posting of the mortgaged premises, 31 East Factory Street, Mechanicsburg, PA 17055-3324, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Robert L. Williams, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 31 East Factory Street, Mechanicsburg, PA 17055- 3324. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as there was no answer to the attempts made by the deputy. 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff contacted the Prothontary's Office and as of June 26, 2009, no Judge has previously entered a ruling in this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on May 5, 2009, and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff s May 5, 2009 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of June 26, 2009 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, Robert L. Williams, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, PHELAN ALLINAN & SCHMIEG, LLP By: Lawr ce Ik4helan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff Date: June 26, 2009 An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, PHELAN HA AN & SCHMIEG, LLP By: Lawrence 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff Date: June 26, 2009 Exhibit "A" CASEINF 08003106262009 Cumberland County Prothonotary's office Page 1 Civil case Inquiry 2008-04672 FIRST HORIZON HOME LOANS (VS) WILLIAMS ROBERT L Reference No... Filed......... 8/04/2008 Case Type...... COMPLAINT - MORT FORE Time.........: 1:42 Judgment...... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: DiS osed Date. 0/00/0000 ------------ Case comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info FIRST HORIZON HOME LOANS PLAINTIFF HALLINAN FRANCIS S 4000 HORIZON WAY IRVING TX 75063 WILLIAMS ROBERT L DEFENDANT 31 EAST FACTORY STREET MECHANICSBURG PA 17055 3324 ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 3/18/2009 SHERIFF'S RETURN - COMPLAINT IN MORTGAGE FORCLOSURE - ROBERT L WILLIAMS AT 31 EAST FACTORY STREET MECHANICSBURG COULD NOT BE LOCATED - SHERRIFFS COST $42.00 ------------------------------------------------------------------- 3/02/2009 PRAECIPE TO REINSTATE CIVIL ACTION MORTGAGE FORECLOSURE - BY FRANCIS S HALLINAN ATTY FOR PLFF ------------------------------------------------------------------- 1/22/2009 SHERIFF'S FILE RETURNED FILED. Case Type: COMPLAINT - MORT FORE Ret Type.: Out of county Litigant.: WILLIAMS ROBERT L Address..: 317 MOUNT PLEASANT ROAD Cty/St/Zp: HANOVER, PA 17331 County Nm: ADAMS Ret Date.: 01/22/2009 10:00 AM Costs....: $72.55 Pd By: PHELAN HALLINAN SCHMIEG 01/22/2009 ------------------------------------------------------------------- 1/08/2009 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE - BYH FRANCIS S HALLINAN ATTY FOR PLFF ------------------------------------------------------------------- 8/22/2008 SHERIFF'S FILE RETURNED FILED. Case Type: COMPLAINT - MORT FORE Ret Type.: Out of county Litigant.: WILLIAMS ROBERT L Address..: 317 MOUNT PLEASANT ROAD -SERVED ADDRESS IS IN ADAMS Cty/St/Zp: HANOVER, PA 17331 COUNTY County NM: YORK Ret Date.: 08/22/2008 10:00 AM Costs....: $57.51 Pd By: PHELAN HALLINAN SCHMIEG 00/00/0000 ------------------------------------------------------------------- 8/14/2008 PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE - BY FRANCIS S HALLINAN ATTY FOR PLFF ------------------------------------------------------------------- 8/04/2008 COMPLAINT - MORTGAGE FORECLOSURE FILED BY FRANCIS S HALLINAN ESQ FOR PLFF - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beg Bal PymtS/Adj End Bal ******************************************************************************** COMPLAINT 55.00 55.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION 5.00 5.00 .00 Page 1 CASEINF JCP FEE 10.00 10.00 .00 REINSTATE COMPL 10.00 10.00 .00 REINSTATE COMPL 10.00 10.00 ---- .00 -------- ------------- 98.50 ----------- 98.50 .00 08003106262009 Cumberland County Prothonotary's office Page 2 Civil Case Inquiry 2008-04672 FIRST HORIZON HOME LOANS (vs) WILLIAMS ROBERT L Reference No... Filed......... 8/04/2008 Case Type.....: COMPLAINT - MORT FORE Time.........: 1:42 Judgment.:.... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: * End of case information Page 2 Exhibit "B" FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 183465 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Robert L. Williams Property Address: 31 East Factory Street, Mechanicsburg, PA 17055 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following. I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Robert L. Williams - xxx-xx-3760 B. EMPLOYMENT SEARCH Robert L. Williams - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Robert L. Williams reside(s) at: 31 East Factory Street, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Robert L. Williams. B. On 05-05-09 our office made a telephone call to the phone number (717) 465-4447 and received the following information: disconnected. III. INQUIRY OF NEIGHBORS On 05-05-09 our office made a phone call in an attempt to contact Steven L. Turner (717) 691-8701, 23 East Factory Street, Mechanicsburg, PA 17055: spoke with an unidentified male who could not confirm that the subject reside(s) at 31 East Factory Street, Mechanicsburg, PA 17055. On 05-05-09 our office made a phone call in an attempt to contact Jim A. Geiling (717) 697-2806, 29 East Factory Street, Mechanicsburg, PA 17055: spoke with an unidentified male who could not confirm that the subject reside(s) at 31 East Factory Street, Mechanicsburg, PA 17055. On 05-05-09 our office made several phone calls in an attempt to contact Frances A. Peebles (717) 766-5197,33 East Factory Street, Mechanicsburg, PA 17055: no answer. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 05-05-09 we reviewed the National Address database and found the following information: Robert L. Williams - 31 East Factory Street, Mechanicsburg, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Robert L. Williams. VI. OTHER INQUIRIES A. DEATH RECORDS As of 05-05-09 Vital Records and all public databases have no death record on file for Robert L. Williams. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Robert L. Williams residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Robert L. Williams - 07-01-1947 * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to e penalties ofo 1 .S. c. 4904 relating to unsworn falsification to authorities. WV? AFFIANT - Brendan Booth JESSICA M. LUGO Full Spectrum Services, Inc. ID #2383078 I?ARYPUBLKOFt?il?JHtSE1( Sworn to and subscribed before me this 6th day of May, 2009. «B0N3/VM4 The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND Exhibit "C" N N 0 *z -i r z ?, o oo rn v a w N fn a if• -0F G az CD b a r a O ? ' fb 'Y ti n 0 :9 to fD H ? ? p.l. W ty ? o in ?•. O r A? 'v S rr a N CD y o N ? n C uo ? C UG ? o `q CD "e 'L a c r ? W G ?'n O V1 N ? p 7 to ? O ? ? /r Vl ,0Oa4 7 o FBI W "' OM co ? ? O /? ? fD + C., Er O C p O C C H CJ N = H y o w o 0 ? d ti 7 ? d ip ? C y A ti _ 'c SW ?f D Es o it w aS E. o w If :rsM C f ? PITNEY BfWJiS 02 ,M $ 01.20° y !,! a t 0004218010 MAY05 2009 MAILED FR 9 OM ZIP CODE 19 1 03 w O b O as ti H O -ri rn ? :'- 4 s ? 'fl O W cn *- M A O ^. ? O A O O PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, Ext. 1394 Service Department Representing Lenders in Pennsylvania and New Jersey May 5, 2009 Robert L. Williams 31 East Factory Street Mechanicsburg, PA 17055-3324 RE: First Horizon Home Loans, A Division of First Tennessee Bank National Association vs. Robert L. Williams Premises Address: 31 East Factory Street, Mechanicsburg, PA 17055-3324 Cumberland County, No. 08-4672-Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by 5/12/09. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Phelan Hallinan and Schmieg, LLP VERIFICATION The undersigned hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELA H L1NAN & SCHMIEG, LLP /'? '--? ? ( By: Lawrence 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua 1. Goldman, Esquire Attorneys for Plaintiff Date: June 26, 2009 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 First Horizon Home Loans, A Division of First Tennessee Bank National Association VS. Robert L. Williams Attorneys for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 08-4672-Civil Term CERTIFICATION OF SERVICE The undersigned certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Robert L. Williams at: 31 East Factory Street Mechanicsburg, PA 17055-3324 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, PHELAN INAN & SCHMIEG, LLP By: Lawrence 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua 1. Goldman, Esquire Attorneys for Plaintiff Date: June 26, 2009 EIS. D-CIF iCE OF THE I THIMT4RY 2009 .ltd Z9 FM 12: 4 8 PEP,34SYUV'A,NA 4 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff VS. ROBERT L. WILLIAMS Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : No. 08-4672 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHE ALLINAN & SCH IEG, LLP By: r/ La ence . Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorneys for Plaintiff Date: June 26, 2009 /jjl, Svc Dept. File# 183465 (A-) ALES FPCE OF THE Pi' qj?:A 'ARY 2089 JUN 29 PM 12: 4 9 N. OD ,? "? ra y ?6?- ?, ?`7 3 V3 ID JUN 3 0 2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA First Horizon Home Loans, A Division of First Tennessee Bank National Association Civil Division VS. No. 08-4672-Civil Term Robert L. Williams ORDER 44 AND NOW, this ?? day of , 2009, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of rn S.t L L the Complaint and all future pleadings on Defendant, Robert L. Williams, by: 1. Posting of the premises: 31 East Factory Street, Mechanicsburg, PA 17055-3324. 2. First class mail to Robert L. Williams at the mortgaged premises located at 31 East Factory Street, Mechanicsburg, PA 17055-3324; and 3. Certified mail to Robert L. Williams at the mortgaged premises located at 31 East Factory Street, Mechanicsburg, PA 17055-3324; and 4. Publication in accordance with PA. R.C.P. 43 YT J. Cc: --Robert L. Williams 31 East Factory Street Mechanicsburg, PA 17055-3324 V. -94jkas4aLQ PHS# 183465 ea ? ES 7 rloq 2003 JUL --1 All 11: 10 PEN ,S't A ;,rte. 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK COURT OF COMMON PLEAS NATIONAL ASSOCIATION Plaintiff : CIVIL DIVISION VS. : CUMBERLAND COUNTY ROBERT L. WILLIAMS Defendant : NO. 08-4672 CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I- I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons ROBERT L. WILLIAMS at 31 EAST FACTORY STREET, MECHANICSBURG, PA 17055-3324, on JULY 14, 2009, in accordance with the Order of Court dated JUNE 30, 2009. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: July 14, 2009 PHELAN HALLINAN & SCHMIEG, LLP By: U4 4 31 Lawre e T. Phelan, Es 4., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81 160 Jenine R. Davey, Esq., Id. No. 87077/ Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff P [7)", T HE: --dl. I 'LIE 0 9 J, i 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY VS. ROBERT L. WILLIAMS : No. 08-4672 CIVIL TERM Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: La ce T. Phelan, sq., Id. No. 32227 Francis S. Hallinan, sq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 817 60 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Date: July 14, 2009 ljjl, Svc Dept. File# 183465 6?) "'J Y 01 R ,.y ?d ?'ia as ?kj ta -7 gas Sheriffs Office of Cumberland County Pith D a ?CE R Thomas Kline Sheriff OF THE P;'. iH'`'t2Y ?4?,?tr of +[ut?br?,#? Ronny R Anderson 200.9 JUL 22 Pli 2: 2 8 Chief Deputy ' Jody S Smith Civil Process Sergeant OFFICE C, ''`E s"esIFF y{:i Edward L Schorpp Solicitor First Horizon Home Loans Case Number vs. 2008-4672 Robert L Williams SHERIFF'S RETURN OF SERVICE 07/21/2009 07:46 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on July 21, 2009 at 1946 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert L. Williams, pursuant to order of court by posting the premises located at 31 East Factory Street Mechanicsburg, Cumberland County, Pennsylvania 17055 with a true and correct copy according to law. SHERIFF COST: $43.00 July 22, 2009 SO ANSWERS, C0'000?1-11116? R THOTu1/CS'KLINE, SHERIFF y ,pner 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 V ivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 First Horizon Home Loans, A Division of First Tennessee Bank National Association Plaintiff vs. Robert L. Williams Defendant ATTORNEYS FOR PLAINTIFF Court Of Common Pleas : Civil Division Cumberland County : No. 08-4672-Civil Term AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated June 30, 2009 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on July 24, 2009 and Cumberland Law Journal on July 31, 2009. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. PHEr N HALLINAN & SCHMIEG, LLP By: ' Phelan llinan & Schmi g, 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 R. Shah-Jani, Esq., Id. No. 81 0 Jenine R. Davey, Esq., Id. No. 8707 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Date: August 10, 2009 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly 111 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 ,luly 31, 2009 Aff ant 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. ,/-//Lisa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 31 day of Jules 2009 Notary A01 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 08-4672 Civil Term First Horizon Home Loans, A Division of First Tennessee Bank National Association VS. Robert L. Williams NOTICE TO Robert L. Williams: You are hereby notified that on August 4, 2008, Plaintiff, First Horizon Home Loans, A Division of First Tennessee Bank National Asso- ciation, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumberland County Pennsylvania, docketed to No. 08-4672 Civil Term. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 31 East Factory Street, Mechanicsburg, PA 17055-3324 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief req{zested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 July 31 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manag; r, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 131h, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tuly 24, 2009 COPY OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA oses that he/she is not CIVIL ACTION - LAW bject matter of the First Horizon Home Loans, A Division of COURT OF COMMON PLEAS advertisement, and that First Tennessee Bank National Association Vs. CIVIL DIVISION e foregoing statement Robert L. Williams Cumberland COUNTY d character of NO. 08-4672 Civil Term A NOTICE TO Robert L. Williams: •l?i?? You are hereby notified that on AUg= 4 2008, Plaintiff, First Horizon Home Loans, A Division of First Tennessee Bank National Association, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumberland County Pennsylvania, docketed to No. 08-4672 Civil Term. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 31 East Factory Street, Mechanicsburg, PA 17055-3324 whereupon your property woulg be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this gibed before me this publication or a Judgment will be entered against you. NOTICE ? 1 If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment 1 may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or ) property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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. Notary Public IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION -ires: 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 COMMONWEALTH OF PENNSYL.VANIA? NOTAR SALI EAL? I FBAMBI N HECKENOORN,Notary Public- ill Bm,, Cumberland County ission Expires January 27, 2010 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13f, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tuly 24, 2009 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of Sworn to and subscribed before me this 9T' dou C Aud?w.' ?Aaatkhv-) Notary Public My commission expires: COMMONWEALTH OF PENNSYLVANIA TARIAL SEAL CKENOORN Notary Publi : om.., Cumberland County n Expires January 27, 2010 FU-i OF THE 2009 AUG ! ! AI i ?G: 5 8 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ?Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. ROBERT L. WILLIAMS Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-4672 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 ROBERT L. WILLIAMS, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $93,654.93 Interest - 07/30/2008 to 09/0412009 7151.58 TOTAL $100,806.51 I hereby certify that (1) the Defendant's last known address is 31 EAST FACTORY STREET, MECHANICSBURG, PA 17055-3324, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ,. dA. Lawrence T. Phel , E quire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire ./SKeetal R. Shah-Jani, Esquire Jemne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 8 A o,1 PHS # 183465 -N C axe PROTHONOTARY ,or FIRST HORIZON HOME LOANS, A DIVISION OF COURT OF COMMON PLEAS FIRST TENNESSEE BANK NATIONAL CIVIL DIVISON ASSOCIATION Plaintiff v. NO. 08-4672 CIVIL TERM CUMBERLAND COUNTY ROBERT L. WILLIAMS Defendant(s) TO: ROBERT L. WILLIAMS 31 EAST FACTORY STREET MECHANICSBURG, PA 17055-3324 DATE OF NOTICE: August 21, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 183465 J. 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, 13W., 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 -,-ST reetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 183465 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 084672 CIVIL TERM ROBERT L. WILLIAMS VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ROBERT L. WILLIAMS is over 18 years of age and resides at 31 EAST FACTORY STREET, MECHANICSBURG, PA 17055-3324. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. " Lawrence T. PhelanEs ., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Juda T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff FlLM--YYFLI OF THE PRC?T NARY 2oo9 SEP -8 AM 9= 54 PEtVtO VANA+ $14. m Pa Arr{ W lgsa59 & aao",l I.?kce ?.ta..?.? (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. ROBERT L. WILLIAMS 31 EAST FACTORY STREET MECHANICSBURG, PA 17055-3324 CIVIL DIVISION : No. 08-4672 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on 9181139-. By: If you have any questions concerning this matter please conta t: Lawrence T. Phelan, "sire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire ,,Sheetal R. Shah-Jam, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE COURT OF COMMON PLEAS BANK NATIONAL ASSOCIATION Plaintiff CIVIL DIVISION v ROBERT L. WILLIAMS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due NO. 08-4672 CIVIL TERM CUMBERLAND COUNTY $100,806.51 Interest from 09/05/2009 TO THE DATE OF SALE $4,490.47 ($16.57 per diem) TOTAL $105,296.98 Attorndy for Plainl;iff V Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? P*tmel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 183465 z 0 H O x d a d z O MCI F z x w w W H H Gr, w O ? z o ?a A w? d O oa F a O? ° z o u O ' xa u P,? > vcs O gu ?e i ,a LLJ C'/t b cV z 0 W W ? O a? ?Zlz ?b w 44 W a? Q ? W w bro an 0 0 NNNO?o o 1-,- 0 W) p MNN????MM 0??? pz.c,r p 00 O M 00 ON N N O p,Z o oz aZo?oa,,NN o d? o oz a?ZZb 0 d c; °zz crzZ ebb ?? zz ?Ozb r;Wb o a o a,W ?W b v? b z b a Q, O a w ?W W W tiW cr 6.5r-6 W aWW ts ?"oo o:;WW a aW ? 0w co ??" roA1 0? clt ?v'o?cA y E-? x ?n ? CA E'" > o . a chi ='ss C7 ?, U C40 m ca c ??? ?? ''.c a ?? ??1:11:]DOODL7OC10Lj? ic?(C)oa??oo$?a?n to M(y? i? 'j' ?$ RS 1'tI 00 O p 0 O 7 ?- X, to- U 'IT ti N ? M ti M N V'1 N H ? ? W o ao? 3¢u wz W U W C r o? u1 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. ROBERT L. WILLIAMS Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-4672 CIVIL TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Attor f Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 [!Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 FIR-OFFIGE OP *E- PROTHONOTARY 2009 DEC -9 AM IQ: 3 9 ?a um 3 J PEN SYLVA,NO FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 'Plaintiff V. ROBERT L. WILLIAMS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4672 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 31 EAST FACTORY STREET, MECHANICSBURG, PA 17055-3324. Name and address of Owner(s) or reputed Owner(s): Name ROBERT L. WILLIAMS 2. 4. 6. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 31 EAST FACTORY STREET MECHANICSBURG, PA 17055-3324 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) PURCELL BRONSON STATE CORRECTIONAL INSTITUTION AT ALBION 10745 ROUTE 18, AF8163 ALBION, PA 16475 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be 1 affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 31 EAST FACTORY STREET MECHANICSBURG, PA 17055-3324 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. It- December 2, 2009 By: 1 Attorne fo Plaintiff %01 1 Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 Q Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 RLED-OFRCE OF THE P,POT?r, NOTARY 2009 DEC -9 AM IQ: 39 PcIiit,,lSYLVA-,NtA FIRST HORIZON HOME LOANS, A DIVISION OF FIRST COURT OF COMMON PLEAS TENNESSEE BANK NATIONAL ASSOCIATION : CIVIL DIVISION Plaintiff : : NO. 08-4672 CIVIL TERM VS. ROBERT L. WILLIAMS : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBERT L. WILLIAMS 31 EAST FACTORY STREET MECHANICSBURG, PA 17055-3324 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 31 EAST FACTORY STREET, MECHANICSBURG, PA 17055-3324 is scheduled to be sold at the Sheriff s Sale on JUNE 2, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $100,806.51 obtained by FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-4672 CIVIL TERM FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs ROBERT L. WILLIAMS owner(s) of property situate in the TOWNSHIP OF MECHANICSBURG, Cumberland (Municipality) County, Pennsylvania, being 31 EAST FACTOR_Y_ _STREET, MECHANICSBURG PA 17055-3324 (Acreage or street address) Parcel No. 18-23-0565-005 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $100,806.51 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premise, situate, lying and being in the Borough of Mechanicsburg, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern line of East Factory Street, which point is 50.40 feet from the western line of North Arch Street; thence by the northern line of East Factory Street, South 80 degrees 00 minutes 00 seconds West, 29.25 feet to a pipe at the corner of land now or late of Gelwicks; thence by lands now or formerly of Gelwicks, North 13 degrees 56 minutes 30 seconds West, 120.42 feet to a point in the southern line of Creamery Alley; thence by the southern line of said alley, North 79 degrees 43 minutes 00 seconds East, 35.87 feet to a pin; thence by lands now or late of Russell Murray, South 10 degrees 47 minutes 30 seconds East, 120.33 feet to the place of BEGINNING. HAVING ERECTED THEREON a dwelling house known and numbered as 31 E. Factory Street, Mechanicsburg, Pennsylvania, said description being in accordance with a survey dated July 8, 1977, by D.P. Raffensperger Associates. TOGETHER with and subject to any and all easements, reservations, restrictions, rights- of-way and all other reserved rights in prior instruments of record. TITLE TO SAID PREMISES IS VESTED IN Robert L. Williams, single man, by Deed from Elena Huiu, single woman, dated 08/15/2006, recorded 08/17/2006 in Book 276, Page 1019. PREMISES BEING: 31 EAST FACTORY STREET, MECHANICSBURG, PA 17055- 3324 PARCEL NO. 18-23-0565-005 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4672 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 ROBERT L. WILLIAMS (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 $100,806.51 L.L. $.50 Interest from 9/5/09 to the Date of Sale ($16.57 per diem) -- $4,490.47 Atty's Comm % Atty Paid $374.06 Plaintiff Paid Date: 12/9/09 (Seal) REQUESTING PARTY: Name: MICHELE M. BRADFORD, ESQUIRE Due Prothy $2.00 Other Costs /.s/" Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 69849 OF ? ARY ? Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esg., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esqq. Id. No. 81760 Jenine R. Davey, Esq., Id'No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 Jay B. Jones, Esq. Id. No. 86657 Peter J. Mulcahy, lsq , Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esc z Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq.: Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia PA 19103 215-563-7050 2010MAR -2 PM 2-- 24 OMEP .,.AND G%'.M PENNSA" FIRST HORIZON HOME LOANS A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. ROBERT L. WILLIAMS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4672-CIVIL TERM VERIFICATION OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to ROBERT L. WILLIAMS on FEBRUARY 3, 2010 in accordance with the Order of Court dated JUN 30, 2009. The property was posted on FEBRUARY 13, 2010. Publication was advertised in THE SENTINEL on FEBRUAR 8, 2010 & in CUMBERLAND LAW JOURNAL on FEBRUARY 12, 2010. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. N,IqALLINAN & SCHMIEG, LLP -Fran-cis S. Hallinan, Esquire Dani 1 G. Schmieg, Esquire Mic le M. Bradford, Esquire Ju - h T. Romano, Esquire S eetal R. Shah-Jani, Esquire nine R. Davey, Esquire auren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones Esquire Andrew L. 9pivack, Esq., Id. No. 84439 Peter J. Mulcahy, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos,.Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Dated: February 26, 2010 ?f -0 = Y 1'I ?-. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff 2uI0 K3,;' ? 4& Val is i j IUME _ ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County V. ROBERT L. WILLIAMS Defendant No. 08-4672 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallman & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on August 4, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A» 2. Judgment was entered on September 8, 2009 in the amount of $100,806.51. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 2, 2010. 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 $89,568.96 Interest Through June 2, 2010 $14,631.73 Per Diem $17.79 Late Charges $124.16 Legal fees $1,500.00 Cost of Suit and Title $3,304.28 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $1,372.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $89.48 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $5,655.02 TOTAL $116,245.63 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 March 12, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 7j ZS 110 By: Phelan Hallinan & Schmieg, LLP ? Lawr, c T. Phelan, sq., Id. No. 32227 ? Fr s S. Hallinan, sq., Id. No. 62695 ? Da el G. hmi , Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? hrisovalante P. Fliakos, Esq., Id. No. 94620 F71 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff CUMBERLAND County V. ; No. 08-4672 CIVIL TERM ROBERT L. WILLIAMS Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE ROBERT L. WILLIAMS 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 31 EAST FACTORY STREET, MECHANICSBURG, PA 17055-3324. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 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). Sig!2al Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well maybe 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. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallman & Schmieg, LLP DATE: U By: /U -k?- -M Lawre e helan. Esa . Id. No. 32227 U Fran S. allinan, Es ., Id. No. 62695 ? Dani G. S ieg, q., Id. No. 62205 ? Michele M. rd, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff Exhibit "A" C-? rv co 17 - _ PHELAN HALLINAN & SCHMIEG, LLP 1 =>, -; 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 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 183465 FIRST HORIZON HOME LOANS, A DIVISION OF COURT OF COMMON PLEAS FIRST TENNESSEE BANK NATIONAL ASSOCIATION CIVIL DIVISION 4000 HORIZON WAY IRVING, TX 75063 TERM Plaintiff NO. OS - q(v'Ia oivi l ?? v. CUMBERLAND COUNTY ROBERT L. WILLIAMS 31 EAST FACTORY STREET r t *` MECHANICSBURG, PA 17055-3324 -zL_ x , .? r Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE'` ,y. b k kY?y 2 _ File #: 183465 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 N: 183465 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 #: 183465 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 #: 183465 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: ROBERT L. WILLIAMS 31 EAST FACTORY STREET MECHANICSBURG, PA 17055-3324 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 08/15/2006 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. 1962, Page 3076. 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 04/01/2008 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 N: 183465 6. The following amounts are due on the mortgage: Principal Balance $89,568.96 Interest $2,686.29 03/01/2008 through 07/29/2008 (Per Diem $17.79) Attorney's Fees $1,250.00 Cumulative Late Charges $124.16 08/15/2006 to 07/29/2008 Cost of Suit and Title Search $550.00 Subtotal $94,179.41 Escrow Credit ($524.48) Deficit $0.00 Subtotal $524.48 TOTAL $93,654.93 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 #: 183465 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 $93,654.93, together with interest from 07/29/2008 at the rate of $17.79 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 HALLINAIX & 50-HWEG, LLP By: r ?,AWRENCE T. PHELAN, ESQUIREE- / t'RANCIS 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 #: 183465 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern line of East Factory Street, which point is 50.40 feet from the western line of North Arch Street; thence by the northern line of East Factory Street, South 80 degrees 00 minutes 00 seconds West, 29.25 feet to a pipe at the corner of land now or late of Gelwicks; thence by lands now or formerly of Gelwicks, North 13 degrees 56 minutes 30 seconds West, 120.42 feet to a point in the southern line of Creamery Alley; thence by the southern line of said alley, North 79 degrees 43 minutes 00 seconds East, 35.87 feet to a pin; thence by lands now or late of Russell Murray, South 10 degrees 47 minutes 30 seconds East, 120.33 feet to the place of BEGINNING. HAVING erected thereon a dwelling house being known and numbered as 31 East Factory Street, Mechanicsburg, Pennsylvania, said description being in accordance with a survey dated July 8, 1977 by D. P. Raffensperger Associates. Tax Parcel No. 18-23-0565-005. UNDER AND SUBJECT, NEVERTHELESS, to any conditions, covenants, restrictions, reservations, easements and rights of way of record. PREMISES: 31 EAST FACTORY STREET File k: 183465 VERIFICATION Marcia WYl.liatn hereby states that he/she is ASSISTANT V1GE K-1f-- . o"f;'1'TRST 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. /2aZWqakrcYia Williams DATE: Tit ASSISTANT VIGE PRESIDENT Company: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION File #: 183465 Exhibit "B" Phelan HaIlinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 . p Chrisovalante P. Fliakos, Esq., Id. No. 94620 lam _' z Joshua I. Goldman, Esq., Id. No. 205047 C R D ca- ourtenay . unn, Esq., Id. No. 206779 ?' Andrew C. Bramblett, Esq., Id. No. 208375 Z< - 49 1617 JFK Boulevard Suite 1400 One Penn Center Plaza m Philadelphia, PA 19103 cn DO 215-563-7000 FIRST HORIZON HOME LOANS, A CUMBERLAND COUNTY DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS VS. CIVIL DIVISION ROBERT L. WILLIAMS No. 084672 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 ROBERT L. 332LLIAMS, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest - 07/30/2008 to 09/0412009 $93,654.93 $7,151.58 TOTAL $100,806.51 I hereby certify that (1) the Defendant's last known address is 31 EAST FACTORY STREET, MECHANICSBURG PA 17055-3324 and (2) that notice has been given in accordance with Rule 237.1, copy attached. du, ta Lawrence T. Phel E quire Francis S. Hallinan, squire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire ,,SYeetal R. Shah-Jani, Esquire Jemne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _ PHS # 183465 PROTHONOTARY Exhibit "C" wN, Z rt ul to ? z r r ? 1 CA CA ?A ; Gu w "t fD C c CA w ? o ? O ` y CD . y ? ? x = Ei ..+ x 7 O t'17 d y "' G O O ? N "'y O = 1? /? C _. d+ O ? GA y ? y 0. p p y . ry O '- ? 0 R C I? J 0 O .n 1 O H' O C O N 1? N N ? ? d J d to - N OO :j C N O d y 1 O 3 O ? Fi, TI I 3 o 0 r, d Goer 4 v v 2 v vlrNC? Z -? E - s $0 d 02 1M '? • 0004277256 MAR E d k. Iv1AILED FROM ZIP CO ? ? y O N O F d O 'p O v ? N. a Q. d ?. p v h a. A7 L rv'j. ? G O ro C G7 c 0 0 b x r? x r z x cn G? r b ANNEMENOW mmmm? MEOW BOWES 2.52° 12 2010 DE 19103 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey March 12, 2010 ROBERT L. WILLIAMS 31 EAST FACTORY STREET MECHANICSBURG, PA 17055-3324 RE: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION v. ROBERT L. WILLIAMS Premises Address: 31 EAST FACTORY STREET MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 08-4672 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by March 17, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Wce yo rs, squire Francis S. Hallinan, Esquire Da iel G. Schmieg, Esquire ?chele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. DATE: ZS 1/0 By: Phelan Hallinan & Schmieg, LLP U La n -T. Phelan, sq., Id. No. 32227 ? Fr cis . Hallinan, sq., Id. No. 62695 ? D iel G. chmi ,Esq., Id. No. 62205 ? Michele M. radford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff CUMBERLAND County V. No. 08-4672 CIVIL TERM ROBERT L. WILLIAMS Defendant 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. ROBERT L. WILLIAMS 31 EAST FACTORY STREET MECHANICSBURG, PA 17055-3324 DATE: S/256 By: ROBERT L. WILLIAMS 317 MOUNT PLEASANT RD HANOVER, PA 17331-9051 Phelan Hallinan & Schmieg, LLP ? Lawr c helan, Esq , Id. No. 32227 an, Es , Id. No. 62695 ? Fr s . Hallin E] D el G Schmieg, E , Id. No. 62205 ? Michele Bradf , Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 11-2 MAR 3 0 2010 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 V. CUMBERLAND County No. 08-4672 CIVIL TERM ROBERT L. WILLIAMS Defendant RULE AND NOW, this -30 day of /WAJ 2010, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the LO day of 2010, at rYl 3,30: in t?w.??wi?. Courtroom of the Cumberland County Courthouse, Carlisle, PennsyI B TH J ?_ ,;r= . 'cs ..? l? J . ?d 2 . LwL ?"' 3?3 ??ld 1 r,'r i 0V 200; ( to Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff CUMBERLAND County V. ROBERT L. WILLIAMS No. 08-4672 CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Rule Returnable Dated March 30, 2010 noting a Rule Return date of May 10, 2010 to file a response to Plaintiff s Motion to Reassess Damages was sent to the following individual on the date indicated below. ROBERT L. WILLIAMS ROBERT L. WILLIAMS 31 EAST FACTORY STREET 317 MOUNT PLEASANT RD MECHANICSBURG, PA 17055-3324 HANOVER, PA 17331-9051 Phelan Hallinan & Schmieg, LLP DATE: Iq (v By: U La enc T. Phelan, Es)., Id. No. 32227 El Fr cis Hallinan, E , Id. No. 62695 ? aniel G. chmie sq., Id. No. 62205 El Michele M. radford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF t Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax 215-568-7616 SUE FRUIT Legal ssistant, 1276 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 No. 08-4672 CIVIL TERM Re: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. ROBERT L. WILLIAMS No. 084672 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Dear Sir/Madam: Enclosed please find an Affidavit of Service Pursuant to Rule 3129.1 with the necessary attachments regarding the above matter. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact me. ***Please be advised that in the event the Plaintiff is not represented at the sale the sale is to be stayed or postponed.*** **Property is listed for the 06/02/2010 Sheriff Sale.** 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. Very truly yours, By: cc: Sheriff of CUMBERLAND County Phelan Hallinan & Schmieg, LLP SUE FRUIT, Legal Assistant Representing Lenders in Pennsylvania and New Jersey PHS # 183465 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION OF CUMBERLAND COUNTY FIRST TENNESSEE BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff, V. ROBERT L. WILLLAMS Defendant(s) CIVIL DIVISION No. 08-4672 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto EOiWA". / Date: Ll 2Z I lu U Lawrencr. helan, Esq., I No. 32227 ? Franci )6. j H linan, Esq.,. No. 62695 ? Dani G. Sc ieg, Es ., Id. No. 62205 ? Michele M. Bra r , Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? hrisovalante P. Fliakos, Esq., Id. No. 94620 [Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 183465 W ' J Q N O T O CV W z zl F ? O' 5 c _ Q) m¢¢ p T 5 £0! 7' L _ ry? woad oa 1??? . I 8002 ' 99Z11ZbOQ0 . 1 ' W! zp :,R . c g O a -s?'?'" AE l ' L?a . s Wr- gy U O p y p Ny?y G8 7 CZ' ? ?EEb W Al 8 H-01 $s ' , ? 8 N 42 h V) T g co T o O li?:, Lo V) .? N U 'Q L IL o D Z 7 O M CD a W F a °z- as c J C) 1b L? co NV! 0 m F c- -C; 0) ' d 5 r CL ?- =mU Uv { TU- r cQ C U-0) %- a) N a -0 0? wig E ? a °U u T az °° j ?, .0 ' U 0) QZ W U)C E ` CO a> - Za 0r- mQO01 T o ? z m M m U a E c F t- W > co O mw O Ca ya 0 azzw O Q DO O a.N ?R' ?yM O a7 m T ti N .!-_, .. ti J y c ?v O 0 IQ. IX ? W vy m 13 r (0 ' Q m ? ? a c 4 a p Q ? '? p V W xz a m? °° s w 2 0 M Em 0 w? E Ezx E a ;! m L x e z> - O Mho°ci"cic°?on:=IL U) W ill ? C W `oa I EE ? J CV M ?Y ?i'f?tC?l`ICOIOfI??,r I?t?I?ITI Ida FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. ROBERT L. WILLIAMS Defendant TO THE PROTHONOTARY: 0 6-t ?c N cr, C= `"ts• O "-U N rU --r }r, ?J Kindly enter my appearance as local counsel, in conjunction with Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff in regard to Plaintiff's Motion for Reassessment of Damages. Respectfully submitted, WOLF & WOLF, Attorneys at Law May 10, 2010 BY: Na r off; Esquire I.D. No. 87380 Stacy B. Wolf, Esquire I.D. No. 88732 10 West High Street Carlisle, PA 17013-2922 (717) 241-4436 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :No.: 08-4672 CIVIL TERM cc: Phelan Hallinan & Schmieg, LLP, for Plaintiff Robert L. Williams IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ,r FIRST HORIZON HOME LOANS, A DIVISION Court of Common OF FIRST TENNESSEE BANK NATIONAL } ASSOCIATION Civil Division Plaintiff V. ROBERT L. WILLIAMS Defendant CUMBERLAND County No. 08-4672 CIVIL TERM ORDER , 2010 the Prothonotary is ORDERED to AND NOW, thisjday of AI- amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $89,568.96 Interest Through June 2, 2010 $14,631.73 Per Diem $17.79 Late Charges $124.16 Legal fees $1,500.00 Cost of Suit and Title $3,304.28 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $1,372.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $89.48 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Cre4As ($0.00) Escrow Deficit % $5,655.02 TOTAL $116,245.63 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 06F L '£S /n!. L tic( A4? j??lc? ?YT RT 1. 18,3465 7_ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff V. ROBERT L. WILLIAMS Defendant CUMBERLAND County No. 08-4672 CIVIL TERM +_ ORDER AND NOW, this?day of , 2010 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance Interest Through June 2, 2010 Per Diem $17.79 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 0 D. BUELL 68 - 1f4o7Q pnotary perland County FILED-?r?:FICE 11ou0 rthouse Square OF THc P,RClPENOTARY " 10e Pa 17013 2010 MAY 13 21 CUM j "1J?' y 1'1 r ROBERT L. WILLIAMS 31 EAST FACTORY STREET MECHANI, - '" "'0 d $89,568.96 $14,631.73 $124.16 $1,500.00 $3,304.28 $0.00 $1,372.00 $0.00 $89.48 50.00 ? ?? OST4 1'I INI Y ROWI } L 2 µ $ 00.44° 0004631,598 MAY 1 1 2010 MAILED FROM ZIP CODE 1 70 3 178 NBC 1 3091 70 05J11/10 RETURN TO SENDER WILL:IAMS'ROBERT MOVED LEFT NO ADDRESS UNABLE 'TO FORWARD RETURN 'TO SENDER B0': 1701333232S ' 0119-062'"`07--11-40 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff V. ROBERT L. WILLIAMS Defendant ORDER AND NOW, this-q-day of fkaif , 2010 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nune pro tune in this case as follows: DAVID D. BUELL Prothonotary Cumberland County Suite 100 One Courthouse Square Carlisle PA 17013 Principal Balance $89,568.96 Interest Through June 2, 2010 $14,631.73 Per Diem $17.79 Late Charges $124.16 Legal fees $1,500.00 Cost of Suit and Title $3,304.28 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $1,372.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $89.48 Private Mortgage Insurance T\Tnn Cnff-iPnt Funds ChnrS7P. $0.00 C"? 2 l-? CUMBERLAND County No. 08-4672 CIVIL TERM ??es F1?ST ?? z' a`Fw t ? 1`tf -- : 1-f INI V HtIt OF FlLED-40FRCE - $ 00. E ^ r i};a ^ 453' 598 m;;.Y' MAILED FROM ZIPCODE 20f0Pjiy 17 ??; ?1? u3 ©6 , q(p?? l,Uw= ii r y 00 O-!rifle ROBERT L. WEAdS t n? NINIE 178 0C 1 RETURN TO SENDER ter t°TEMPTE0 -- NOT k;t-iOWN UNABLE TO PORWARD y `liillll!ll51111)1f?{11111}111)ll?lllt!)IIIIIl1l1!ll?l ll??lll? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R. Anderson Sheriff , in _ Jody S Smith Chief Deputy ? e Richard W Stewart Solicitor First Horizon Home Loan Corporation Case Number vs. 2008-4672 Robert L Williams SHERIFF'S RETURN OF SERVICE 04/01/2010 07:31 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law', states that on April 1, 2010 at 1931 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 Robert L. Williams, located at 31 East Factory Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. 04/20/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within narned defendant to wit: Robert L. Wiliams , but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Robert L. Williams, address provided of 31 East Factory Street, Mechanicsburg, PA 17055 has been rvacant for over a year. 06/02/2010 Property sale postponed to 7/7/2010. 06/30/2010 Property sale postponed to 10/6/2010. 10/06/2010 Ronny R. Anderson, 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 October 6, 2010 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, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ SHERIFF COST: $809.03 November 08, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF 'A I , - Oct 00 4 '7 ?'/r6- s`0 9 671- FIRST HORIZON AOM-t LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 1'iQiri?iff V. ROBERT L. WILLIAMS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4672 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 31 EAST FACTORY STREET, MECHANICSBURG, PA 17055-3324. 1. 5. Name and address of Owner(s) or reputed Owner(s): Name ROBERT L. WILLIAMS Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 31 EAST FACTORY STREET MECHANICSBURG, PA 17055-3324 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) PURCELL BRONSON STATE CORRECTIONAL INSTITUTION AT ALBION 10745 ROUTE 18, AF8163 ALBION, PA 16475 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and addtess of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 31 EAST FACTORY STREET MECHANICSBURG, PA 17055-3324 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. r December 2, 2009 By: Attorne fo Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq.,' Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 WMichele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST COURT OF COMMON PLEAS TENNESSEE BANK NATIONAL ASSOCIATION CIVIL DIVISION Plaintiff : : NO. 08-4672 CIVIL TERM ROBERT L. WILLIAMS VS. : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: :ROBERT L. WILLIAMS 31 EAST FACTORY STREET MECHANICSBURG, PA 17055-3324 *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 31 EAST FACTORY STREET, MECHANICSBURG, PA 17055-3324 is scheduled to be sold at the Sheriff s Sale on JUNE 2, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $100,806.51 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be,able tci petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale.. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 y SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-4672 CIVIL TERM FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. ROBERT L. WILLIAMS owner(s) of property situate in the TOWNSHIP OF MECHANICSBURG, Cumberland (Municipality) County, Pennsylvania, being 31 EAST FACTORY STREET, MECHANICSBURG, PA 17055-3324 (Acreage or street address) Parcel No. 18-23-0565-005 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $100,806.51 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premise, situate, lying and being in the Borough of Mechanicsburg, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at apoint on the northern line of East Factory Street, which point is 50.40 feet from the western line of North Arch Street; thence by the northern line of East Factory Street, South 80 degrees 00 minutes 00 seconds West, 29.25 feet to a pipe at the corner of land now or late of Gelwicks; thence by lands now or formerly of Gelwicks, North 13 degrees 56 minutes 30 seconds West, 120.42 feet to a point in the southern line of Creamery Alley; thence by the southern line of said alley, North 79 degrees 43 minutes 00 seconds East, 35.87 feet to a pin; thence by lands now or late of Russell Murray, South 10 degrees 47 minutes 30 seconds East, 120.33 feet to the place of BEGINNING. HAVING ERECTED THEREON a dwelling house known and numbered as 31 E. Factory Street, Mechanicsburg, Pennsylvania, said description being in accordance with a survey dated July 8, 1977, by D.P. Raffensperger Associates. TOGETHER with and subject to any and all easements, reservations, restrictions, rights- of-way and all other reserved rights in prior instruments of record. TITLE TO SAID PREMISES IS VESTED IN Robert L. Williams, single man, by Deed from Elena Huiu, single woman, dated 08/1512006, recorded 08/17/2006 in Book 276, Page 1019. PREMISES BEING: 31 EAST FACTORY STREET, MECHANICSBURG, PA 17055- 3324 PARCEL NO. 18-23-0565-005 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-4672 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOANS, a Division of FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From ROBERT L. WILLIAMS (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 $100,806.51 L.L. $.50 Interest from 9/5/09 to the Date of Sale ($16.57 per diem) -- $4,490.47 Atty's Comm % Due Prothy $2.00 Atty Paid $374.06 Other Costs Plaintiff Paid Date: 12/9/09 Curti . Long; Prothonotary . I i / I (Seal) By: Deputy REQUESTING PARTY: Name: MICHELE M. BRADFORD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 HK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 69849 a' On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, Known and numbered as, 31 East Factory Street, Mechanicsburg, more fully described on Exhibit "A filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: . "'sp Real Estate Coordinator Z E :8 V 1 1 33 I)OOZ 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: April 16, April 23, and April 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland ®; Law Journal,' a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. :-. ?? a Writ No. 2008-4672 Civil Li Marie Coyne, Ed` or First Horizon Home Loans A Division of First Tennessee Bank National Association SWORN TO AND SUBSCRIBED before me this °S' Robert L. Williams 0 dqv of April; 2010 Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 08-4672 CIVIL, FIRST HORI- ZON HOME LOANS, A DIVISION OF Notary FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. ROBERT L. WIL- LIAMS, owner of property situate in the TOWNSHIP OF MECHANICS- ! BURG, Cumberland County, Penn- sylvania, being 31 EAST FACTORY STREET, MECHANICSBURG, PA NOTARIAL SEAL 17055-3324. DEBORAH -A COLLINS Parcel No. 18-23-0565-005. Notary Public Improvements thereon: RESIDEN- CARLISLE BOROUGH, CUMBERLAND COUNTY TIAL DWELLING. JUDGMENT AMOUNT: $100,806- My Commission Expires Apr 28, 2014 .51. -*The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE t4e?latriot-NeWs Now, you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County;of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to ,818 Market Street, in the City, County and State aforesaid; that The Patriot--News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution, unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY' Writ No. 2008-4672 Civil Term First Horizon Home Loans Division of First Tennessee Bank National Association Vs. Vs. l . . r .............. Robert L Williams Atty: Daniel Sctinileg By virtue of a Weil of Execution NO. 08-4672 ,Cl V IL TERM FIRSTHORIZON HOME LOANS, ADIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. ROBERT L. WILL,' ,NiS owner(s) of property situate in the TORT &W ;;OF MKHANICSBURG, Cumberland (Municipality i County, PenIMvIvania, being 31 LAST FACTORY STREET, MECHANICSBIJR(3, PA 17053-3324 Acreage or,treet ad6eS8) Parcel No 18-23-0.56i 00$ Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOON'T: ` $100;906.51 This ad ran on the date(s) shown below: 04/16/10 04/23/10 ( ? __.. 04130110 Sworn to nd ubscribed before me°Xth 18dof May, 2010 A.D. Public COMMONWEALTH OF PENNSYLVANIA Shari L slaw, Wary public Lower Paxtw Tap., Do phln county commlaa w ru Nov. 26, 2011 Member, Pennsylvania soeation of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND f SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 6th day of October A.D., 2010, under and by virtue of a writ Execution issued on the 9th day of December, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 08 Number 4672, at the suit of First Horizon Home Loans division of First Tennessee Bank N A against Robert L Williams is duly recorded as Instrument Number 201032589. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this `I _day of A.D. a D (U fail Recorder f Deeds w Comvwim Expires the Fsstmw&y djan.2014