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HomeMy WebLinkAbout08-6593PHELAN 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 190533 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. EDWARD M. SOBRITO, JR KARLEE A. SHIVELY 13 RENEE AVENUE SHIPPENSBURG, PA 17257-9660 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O$ - to 5q3 O CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 190533 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 maybe 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 (717) 249-3166 File #: 190533 1. Plaintiff is METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: EDWARD M. SOBRITO, JR KARLEE A. SHIVELY 13 RENEE AVENUE SHIPPENSBURG, PA 17257-9660 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/30/2005 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. 1933, Page 0432. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 190533 6. The following amounts are due on the mortgage: Principal Balance $130,938.92 Interest $6,493.20 02/01/2008 through 11/06/2008 (Per Diem $23.19) Attorney's Fees $1,250.00 Cumulative Late Charges $419.20 11/30/2005 to 11/06/2008 Mortgage Insurance Premium / $105.00 Private Mortgage Insurance Cost of Suit and Title Search 550.00 Subtotal $139,756.32 Escrow Credit $0.00 Deficit $690.52 Subtotal 690.52 TOTAL $140,446.84 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. 9. The mortgage premises are vacant and abandoned. File #: 190533 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $140,446.84, together with interest from 11/06/2008 at the rate of $23.19 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: LA NCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 190533 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Southampton, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern (erroneously stated as western in present deed) edge of road, Township Route T-317, said point being thirty (30) feet from the center of said road; thence along Lot #9 South zero (00) degrees, thirty-two (32) minutes eight (8) seconds West one hundred fifty (150) feet to a common corner with Lots #9, #10 and #11; thence by Lot #11, South eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds East one hundred five (105) feet to a common comer with Lots #7, #12, and #11; thence by Lot #7, North zero (00) degrees thirty-two (32) minutes eight (08) seconds East one hundred fifty (150) feet to the Southern (erroneously stated as Western edge in present deed) edge of the aforesaid Township Road; thence North eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds West one hundred five (105) feet to the place of BEGINNING. BEING Lot #8 in the Plan of Lots having been approved by the Board of Supervisors of said Township, and duly recorded. PREMISES: 601 `SOUTH MOUNTAIN ESTATE ROAD PARCEL#: 39-3?-2436-011 File #: 190533 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing - Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unworn falsifications to authorities. K L A rney for Plaintiff 10/ C/ DATE: t- a R N IO _..J +.. Wry I -? p-?-. r,1 O N :< SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06593 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND METLIFE HOME LOANS VS SOBRITO EDWARD M JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SOBRITO EDWARD M JR but was unable to locate Him in his bailiwick. He therefore returns the NOT FOUND as to the within named DEFENDANT SOBRITO EDWARD M JR 601 SOUTH MOUNTAIN ESTATES RD SHIPPENSBURG, PA 17257 GIVEN ADDRESS IS VACANT. Sheriff's Costs: So a Docketing 18.00 Service 20.00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 S riff of Cumberland County .00 53 .00 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before me this day of , 11/20/2008 A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06593 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND METLIFE HOME LOANS VS SOBRITO EDWARD M JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHIVELY KARLEE A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 601 SOUTH MOUNTAIN ESTATES RD SHIPPENSBURG, PA 17257 GIVEN ADDRESS IS VACANT. , SHIVELY KARLEE A NOT FOUND , as to Sheriff's Costs: Docketing Service Not Found Surcharge i.A /66/age, So an 6.00 .00 5.00 R. Thomas Kline 10.00 She iff of Cumberland County .00 21.00 HELAN HALLINAN SCHMIEG 11/20/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06593 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND METLIFE HOME LOANS VS SOBRITO EDWARD M JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SOBRITO EDWARD M JR but was unable to locate Him in his bailiwick. He therefore returns the the within named DEFENDANT 13 RENEE AVENUE NOT FOUND , as to SOBRITO EDWARD M JR SHIPPENSBURG, PA 17257-9660 DEFENDANT'S PARENTS LIVE AT GIVEN ADDRESS. PER FATHER, DEFENDANT IS IN MANILA. Sheriff's Costs: So answ Docketing 6.00 Service 20.00 Not Found 5.00 Thomas Kline Surcharge 10.00 er'ff of Cumberland County .00 V 41.00 ELAN HALLINAN SCHMIEG 11/20/2008 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06593 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND METLIFE HOME LOANS VS SOBRITO EDWARD M JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHIVELY KARLEE A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT SHIVELY KARLEE A 13 RENEE AVENUE SHIPPENSBURG, PA 17257 PER EDWARD'S PARENTS, DEFENDANT HAS NEVER LIVED HERE. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 ?2lb5fb4 .00 21.00 So an Thomas Kline ri f of Cumberland County P LAN HALLINAN SCHMIEG 11/20/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-06593 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND METLIFE HOME LOANS VS SOBRITO EDWARD M JR ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: SOBRITO EDWATD M JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT SOBRITO EDWATD M JR 241 MIDDLE ROAD NEWVILLE, PA 17241 PER DEFENDANT'S PARENTS, DEFENDANT NEVER LIVED AT GIVEN ADDRESS. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ploy/6? 16. 0 0 So answer nomas xllne er' f of Cumberland County LAN HALLINAN SCHMIEG 11/20/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-06593 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND METLIFE HOME LOANS VS SOBRITO EDWARD M JR ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: SHIVELY KARLEE A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT SHIVELY KARLEE A 241 MIDDLE ROAD NOT SERVED , as to NEWVILLE, PA 17241 PER EDWARD'S PARENTS, DEFENDANT NEVER LIVED AT GIVEN ADDRESS. Sheriff's Costs: So answ Docketing 6.00 Service .00 Affidavit .00 Thomas Kline Surcharge 10.00 (:!?ELANHALLINAN ff of Cumberland County .00 16.00 SCHMIEG 11/20/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-06593 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND METLIFE HOME LOANS VS SOBRITO EDWARD M JR ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: SOBRITO EDWARD M JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 200 N PRINCE ST APT 1N SHIPPENSBURG, PA 17257 DEFENDANT IS IN MANILA. NOT SERVED , as to SOBRITO EDWARD M JR Sheriff's Costs: Docketing Service Affidavit Surcharge So 10 16 11/20/2008 Sworn and Subscribed to before me this day of A.D. 6.00 .00 .00 h as Kline .00 7he f of C umberland County 00 .00 HALLINAN SCHMIEG SHERIFF'S RETURN - REGULAR CASE NO: 2008-06593 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND METLIFE HOME LOANS VS SOBRITO EDWARD M JR ET AL MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHIVELY KARLEE A the DEFENDANT , at 0942:00 HOURS, on the 18th day of November-, 2008 at 200 N PRINCE ST APT 1N SHIPPENSBURG, PA 17257 KARLEE SHIVELY by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ?/,? 16sf Sworn and Subscibed to before me this So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 11/20/2008 PHELAN HALLINAN S HMIEG By: day Deputy Sheriff of A. D. Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 vienna.vitacolonna@fedphe.com@fedphe.com Attorney for Plaintiff Metlife Home Loans, A Division of Metlife Bank, N.A., F/K/A First Horizon Home Loan Corporation VS. Edward M. Sobrito, JR Karlee A. Shively Court of Common Pleas Civil Division Cumberland County No. 08-06593 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, Edward M. Sobrito, JR, by first class mail and certified mail to the Defendant's last known addresses, 200 North Prince Street, Apartment IN, Shippensburg,PA 17257, 241 Middle Road, Newville, PA 17241, and mortgaged premises, 601 South Mountain Estate Road, Shippensburg, PA 17257-9660, posting of the mortgaged premises, 601 South Mountain Estate Road, Shippensburg, PA 17257-9660, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Edward M. Sobrito, JR, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 601 South Mountain Estate Road, Shippensburg, PA 17257-9660. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", 3 no service was made as the property appears vacant. 2. Attempts to serve Defendant, Edward M. Sobrito, JR, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the last known address, 13 Renee Avenue, Shippensburg, PA 17257-9660. As indicated by the Sheriff s Return of Service attached hereto as Exhibit "B", no service was made as the defendant's parents live at the given address. 3. Attempts to serve Defendant, Edward M. Sobrito, JR, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the last known address, 200 North Prince Street, Apartment IN, Shippensburg, PA 17257. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "C", no service was made as the defendant allegedly resides in Manila. 4. Attempts to serve Defendant, Edward M. Sobrito, JR, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the last known address, 241 Middle Road, Newville, PA 17241. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "D", no service was made as the defendant never lived at the given address. 5. 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 "E". 6. Plaintiff contacted the Prothonotary's Office and as of January 26, 2009, no Judge has previously entered a ruling in this case 7. 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 01/20/2009 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's 01/20/2009 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and 4 marked Exhibit "F" 8. Plaintiff submits that it has made a good faith effort to locate the Defendant, Edward A Sobrito, JR, 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 Hallinan & Schmieg, LLP By: ??? 4 4kz'UZ Daniel G. Schmie , s ire Attorneys for Plaintiff January 26, 2009 5 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 vienna.vitacolonna@fedphe.com@fedphe.com Attorney for Plaintiff Metlife Home Loans, A Division of Metlife Bank, N.A., F/K/A First Horizon Home Loan Corporation vs. Edward M. Sobrito, JR Karlee A. Shively Court of Common Pleas Civil Division Cumberland County No. 08-06593 Civil Tenn MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving anew forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). 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 6 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 Exhibits "A","B","C", and "D" 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 "E". 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 Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: January 26, 2009 7 (>4,k, k It ? SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06593 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND METLIFE HOME LOANS VS SOBRITO EDWARD M JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SOBRITO EDWARD M JR but was unable to locate Him in his bailiwick COMPLAINT - MORT FORE , the within named DEFENDANT 601 SOUTH MOUNTAIN ESTATES RD SHIPPENSBURG, PA 17257 GIVEN ADDRESS IS VACANT. He therefore returns the ,NOT FOUND , as to SOBRITO EDWARD M JR Sheriff's Costs: So a ' Docketing 18.00 Service 20.00 Not Found 5.00 R. R. Thomas Kline Surcharge 10.00 /S riff of Cumberland County .00 / 53.00 PHELAN HALLINAN SCHMIEG 11/20/2008 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06593 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND METLIFE HOME LOANS VS SOBRITO EDWARD M JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SOBRITO EDWARD M JR but was unable to locate Him in his bailiwick COMPLAINT - MORT FORE He therefore returns the the within named DEFENDANT 13 RENEE AVENUE NOT FOUND , as to SOBRITO EDWARD M JR SHIPPENSBURG, PA 17257-9660 DEFENDANT'S PARENTS LIVE AT GIVEN ADDRESS. PER FATHER, DEFENDANT IS IN MANILA. Sheriff's Costs: So answ Docketing 6.00 Service 20.00 Not Found 5.00 _ Thomas Kline Surcharge 10.00 er'ff of Cumberland County .00 41.00 ELAN HALLINAN SCHMIEG 11/20/2008 Sworn and Subscribed to before me this day of A. D. E 7x- 41 b i f C SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-06593 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VS SOBRITO EDWARD M JR ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: SOBRITO EDWARD M JR unable to locate Him in his bailiwick. COMPLAINT - MORT FORE but was He therefore returns the NOT SERVED , as to the within named DEFENDANT , SOBRITO EDWARD M JR 200 N PRINCE ST APT 1N SHIPPENSBURG, PA 17257 DEFENDANT IS IN MANILA. Sheriff's Costs: So an Docketing 6.00 Service .00 Affidavit .00 h as Kline Surcharge 10.00 he iff of Cumberland County .00 16.00 ELAN HALLINAN SCHMIEG 11/20/2008 Sworn and Subscribed to before me this day of , A. D. T r(/ Y SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-06593 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND METLIFE HOME LOANS VS SOBRITO EDWARD M JR ET AL R. Thomas Kline Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: SOBRITO EDWATD M JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT NOT SERVED , as to SOBRITO EDWATD M JR 241 MIDDLE ROAD NEWVILLE, PA 17241 PER DEFENDANT'S PARENTS, DEFENDANT NEVER LIVED AT GIVEN ADDRESS. Sheriff's Costs: So answ Docketing 6.00 Service .00 _ Affidavit .00 homas Kline Surcharge 10.00 er' f of Cumberland County .00 16.00 LAN HALLINAN SCHMIEG 11/20/2008 Sworn and Subscribed to before me this day of , A. D. FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 190533 Z A Attorney Firm: Phelan, Hallinan & Schmie& LLP q c t. Subject: Edward M. Sobrito Jr. & Karlee A. Shively Current Address: (Edward M. Sobrito Jr.) 13 Renee Avenue, Shippensburg, PA 17257 Current Address: (Karlee A. Shively) 200 North Prince Street, Apartment 1N, Shippensburg, PA 17257 Property Address: 601 South Mountain Estate Road, Shippensburg, PA 17257 Mailing Address: (Edward M. Sobrito Jr.) 13 Renee Avenue, Shippensburg, PA 17257 Mailing Address: (Karlee A. Shively) 200 North Prince Street, Apartment 1N, Shippensburg, PA 17257 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: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Edward M. Sobrito Jr. - xxx-xx-6103 Karlee A. Shively - xxx-xx-2375 B. EMPLOYMENT SEARCH Edward M. Sobrito Jr. & Karlee A. Shively - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Edward M. Sobrito Jr. reside(s) at: 13 Renee Avenue, Shippensburg, PA 17257 & Karlee A. Shively reside(s) at: 241 Middle Road, Newville, PA 17241. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Edward M. Sobrito Jr. reside(s) at: 13 Renee Avenue, Shippensburg, PA 17257, however had no listing for Karlee A. Shively. On 10-24-08 our office made several telephone calls to the subject's phone number (717) 532-3827 and received the following information: no answer. B. On 10-24-08 our office made a telephone call to the phone number (717) 477-1521 and received the following information: spoke with an unidentified female who confirmed that Edward M. Sobrito Jr. reside(s) at: 13 Renee Avenue, Shippensburg, PA 17257 & Karlee A. Shively reside(s) at: 200 North Prince Street, Apartment 1N, Shippensburg, PA 17257. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 10-24-08 we reviewed the National Address database and found the following information: Edward M. Sobrito Jr. -13 Renee Avenue, Shippensburg, PA 17257 & Karlee A. Shively - 200 North Prince Street, Apartment 1N, Shippensburg, PA 17257. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. IV. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Edward M. Sobrito Jr. & Karlee A. Shively. V. OTHER INQUIRIES A. DEATH RECORDS As of 10-24-08 Vital Records and all public databases have no death record on file for Edward M. Sobrito Jr. & Karlee A. Shively. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Edward M. Sobrito Jr. & Karlee A. Shively residing at: last registered address. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Edward M. Sobrito Jr. - 06-19-1952 Karlee A. Shively -10-10-1984 * 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 the penalties of 18 Pa C.S. Sec. 4904 relating to unworn falsification to authoo'li&, r='>. ?,.4i P ?r-- N01ARIAL10L PUW N 5 1 AFFIANT - Brendan Booth Full Spectrum Services, Inc. NORM Ph 1161... . I Phi 22, 2409 1 ?ian Exo?fts Novem? 0 Sworn to and subscribed before me this 24th day of October, 2008. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he 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 knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Es &d Attorney for Plaintiff January 26, 2009 8 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 vienna.vitacolonna@fedphe.com@fedphe.com Attorney for Plaintiff Metlife Home Loans, A Division of Metlife Bank, N.A., F/K/A First Horizon Home Loan Corporation Court of Common Pleas Civil Division vs. Cumberland County No. 08-06593 Civil Term Edward M. Sobrito, JR Karlee A. Shively CERTIFICATION OF SERVICE I hereby certify 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. Edward M. Sobrito, JR at: 601 South Mountain Estate Road Shippensburg, PA 17257-9660 241 Middle Road Newville, PA 17241 200 N. Prince Street Apartment 1N Shippensburg, PA 17257-9660 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, Date: January 26, 2009 CC: Karlee A. Shively Phelan Hallinan & Schmieg, LLP By: Daniel G. Sc e , squire Attorney for Plaintiff 9 EA) ? i ? r- 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 vienna.vitacolonna@fedphe.com@fedphe.com Vienna Vitacolonna, 1423 Service Department Representing Lenders in Pennsylvania and New Jersey January 26, 2009 Edward M. Sobrito, JR and Karlee A. Shively 601 South Mountain Estate Road Shippensburg, PA 17257-9660 RE: Metlife Home Loans, A Division of Metlife Bank, N.A., F/K/A First Horizon Home Loan Corporation vs. Edward M. Sobrito, JR and Karlee A. Shively Premises Address: 601 South Mountain Estate Road, Shippensburg, PA 17257-9660 Cumberland County, No. 08-06593 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 Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, ?fzc Vienna Vitacolonna For Daniel G. Schmieg, Esquire 10 C" C `Z r d a oA C? W o w ? q t' ? V1 m Q, ? ?. ? ? aq Ts a ? ? ? a fem. Iz o s O D J r ? F ? i. y F m -45 2, "C W ry. ? ?v COD ? U pp N 'O H ?? ado Y o d ? ¢ - O O y S o V L3.? .? N 'd ? p ?n 'j y p ? p a. y cg o v Y vi ?A Q 7 ? ? y ? o i ?9ca'oa? .RT G ?.C}O4G WC,? A Sy O ~G N ?6 ? w 3- u T3° ° CL ? o U +p+ 0 F" `n U O ss o;v W U?? U O T L ? ?' * Z aNi OD ? N ra r-A CJ t C._ _ tC2 r n y W 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 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff VS. EDWARD M. SOBRITO, JR KARLEE A. SHIVELY Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : No. 08-6593 CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: January 6, ?009 PHELAN ALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff /vcv, Svc Dept. File# 190533 ?- 4t ; ?. C? ;;? , -? ?'• . ? r ' ? ?., -?e ? ?-' ? "z , ? ' O R- "" ? ` J X17 ? W ?l ` " r` '? ., ? d ? ? R\ r ?? r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Metlife Home Loans, A Division of Metlife Bank, N.A., F/K/A First Horizon Home Loan Corporation vs. Edward M. Sobrito, JR Karlee A. Shively Civil Division No. 08-06593 Civil Term JAN 2 8 2099t17 ORDER AND NOW, this -2 9" day of zrd..4, , 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 the Complaint and all future pleadings on the Defendant, Edward M. Sobrito, JR, by: 1. Posting of the premises: 601 South Mountain Estate Road, Shippensburg, PA 17257-9660. 2. First class mail to Edward M. Sobrito, JR at the last known addresses, 200 North Prince Street, Apartment IN, Shippensburg, PA 17257, 241 Middle' Road, Newville, PA 17241, and the mortgaged premises located at 601 South Mountain Estate. Load, Shippensburg, PA 17257-9660; and 3. Certified mail to Edward M. Sobrito, JR at the last known address, 200 North Prince Street, Apartment IN, Shippensburg, PA 17257, 241 Middle Road, Newville, PA 17241, and the mortgaged premises located at 601 South Mountain Estate Road, Shippensburg, PA 17257-9660; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: J. 190533 L4 2 .41? • ,,, ? ...- ? .(? ? - .. ,- ? , - q ?`= ?- ?:J ?-?^ ?. Cat;. ?? n ?? ? C? N ? "?? `?. r ? 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 215-561-7006 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff VS. EDWARD M. SOBRITO, JR KARLEE A. SHIVELY Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : No. 08-6593 CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: Febmary. 7, 2009 PHELAN HALLINAN & SCHMIEG, LLP By:- Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff /vcv, Svc Dept. File# 190533 ?` ?? ? :? 1 '?I .,,,,ti ? ?., _. ? . . PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) SC3-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff VS. EDWARD M. SOBRITO, JR KARLEE A. SHIVELY Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY NO. 08-06593 CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COTIRT ORDER 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 EDWARD M. SOBRITO, JR at 601 SOUTH MOUTAIN ESTATE ROAD, SHIPPENSBURG, PA 17257-9660,200 NORTH PRINCE STREET, APARTMENT 1N, SHIPPENSBURG, PA 17257, 241 MIDDLE ROAD, NEWVILLE, PA 17241, on MARCH 6, 2009, in accordance with the Order of Court dated JANUARY 29, 2009. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: March-6,2W2 FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff h a I3 qty} ? j i Sheriffs Office of Cumberland County R Thomas Kline 4?,cr at C iembEdward L Schorpp Sheriff Solicitor acs ?, Ronny R Anderson Jody S Smith Chief Deputy WCE OF T?,E SYERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/06/2009 04:05 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 6, 2009 at 1605 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Edward M. Sobrioto, Jr. pursuant to Order of Court by posting the premises located at 601 South Mountain Estate Road, Shippensburg, Cumberland County, Pennsylvania, with a true and correct copy of the same according to law. SHERIFF COST: $43.72 (PAID) March 14, 2009 SO ANSWE. S, R THOMAS KLINE, SHERIFF Sheriff Docket No. 2008-6593 Metlife Hone loans v. Edward M. Sobritio, Jr. i PHELANHALLINAIV & SCIMG LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION : COURT OF COMMON PLEAS SYSTEMS, INCORPORATED AS A NOMINEE : CUMBERLAND COUNTY FOR FIRST HORIZON HOME LOANS : No. 08-6593 CIVIL TERM Plaintiff Vs. EDWARD M. SOBRITO, JR. KARLEE A. SHIVELY PHS # 190533 Defendant(s) PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P. RULE 2352 TO THE PROTHONOTARY: Kindly substitute FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION is the current holder of the mortgage by virtue of that certain ASSIGNMENT recorded 02/06/09 in Instrument No. 200903250. Kindly change the information on the docket. Date: April 9, 2009 a ,wtM Fra cis S. Ha ' re Attorneys for Plaintiff J' , i 1 r ` y C _ o r l (..? 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 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6593 CIVIL TERM CUMBERLAND COUNTY VS. EDWARD M. SOBRITO, JR KARLEE A. SHIVELY Defendant(s) PHS #: 190533 4. 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 AttoTf, zc tiff By. - Lawrence T. Phelan, Esquire cis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Date: 05-06-09 PHS #: 190533 VERIFICATION Mike Fisher hereby states that he/she is A't of METLIFE HOME LOANS, servicing agent for Plaintiff, FIRST HORIZON HOME L1Yii?edL?,VISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, 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. LZ t"k - Name: Mire Fisher DATE: Title: Limited Vice President Company: METLIFE HOME LOANS Loan: 0055820625 File #: 190533 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 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff VS. EDWARD M. SOBRITO, JR KARLEE A. SHIVELY Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-6593 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: EDWARD M. SOBRITO, JR 13 RENEE AVENUE SHIPPENSBURG, PA 17257-8237 KARLEE A. SHIVELY 13 RENEE AVENUE SHIPPENSBURG, PA 17257-9660 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Lawrence T. Phelan, Esquire cis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Date: 05-06-09 njED-oiFiCE . OF .Hr, ! ?GIARY 2009 MAY I I P Ii 4* I? r i ?i` Y'LVA"', v `?, 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 METLIFE HOME LOANS vs. EDWARD M. SOBRITO JR. KARLEE A. SHIVELY ATTORNEYS FOR PLAINTIFF Court Of Common Pleas Civil Division : CUMBERLAND County No. 08-6593 CIVIL TERM AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COT JRT 0 DER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated JANUARY 29, 2009 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in THF, SFNTINF,I. on FEBRUARY 27, 9,009 and CI JMBFRLAND LAW 101 JRNAI. on MARCH 6, 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. PHELAN HALLINAN & SCHMIEG, LLP M By: _ Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 3222; -'fr-ancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 9,4620 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: June 30, 2009 PHS# FILE.!"" .?l» r { 1-I-' 2009 JUL - i A 1 I : 2- 4.05'5 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 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 March 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, Edi SWORN TO AND SUBSCRIBED before me this 6 day of March, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law 08-06593 CIVIL TERM METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., f/k/a FIRST HORIZON HOME LOAN CORPORATION VS. EDWARD M. SOBRITO, JR. KARLEE A. SHIVELY NOTICE TO EDWARD M. SOBRITO, JR and KARLEE A. SHIVELY: You are hereby notified that on NOVEMBER 7, 2008, Plaintiff, METLIFE HOME LOANS, A DIVI- SION OF METLIFE BANK, N.A., f/k/a FIRST HORIZON HOME LOAN CORPORATION, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County Pennsylva- nia, docketed to No. 08-06593 CIVIL TERM. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 601 SOUTH MOUNTAIN ESTATE ROAD, SHIP- PENSBURG, PA 17257 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 requested. 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 Mar. 6 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 13th, 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): February 27, 2009 COPY OF NOTICE OF PUBLICATION IN THE COURT METLIFE HOME LOANS, BOB ROWE PAINTING A DIVISION OF METLIFE BAN Experienced. Interior/Exterior. FIRST HORIZON HOME LOAF Wall Papering. Free Estimates Vs. Call 245-9548 EDWARD M. SOBRITO, JR ton Hoon Quality Paintin KARLEE A. SHIVELY nterior/Exterior, Aluinum Siding 'ainting. Free Estimates. Insured. Call 717-249-8616. TO EDWARD M. SOBRITO, You are hereby notified that o , i BANK, N.A., F/K/A FIRST endorsed with a Notice to a Pennsylvania, docketed to on your property located at property would be sold by t? You are hereby notified to pie He-Roofing Specialists publication or a Judgment % New Roofs, Shingles, Standing Seam & Metal Roofing -12 Years Experience Competitive Prices - If you wish to defend, you mus - 5 Year Work Guarantee - in writing with the court. Yo?ull Insured & Free Estimates may be entered against yoke jai Fln?j;;ijjWe property or other rights imp YOU SHO ULD TAKE THIS TELEPHONE THE OFFIC ABOUT HIRING A LAWYE, IF YOU CANNOT AFFORD TTINGLE CLEANING INFORMATION ABOUT Al Shingle Roof REDUCED FEE OR NO Main Removal & Prevention Free Estimates BDS Cleaning Co. '-776-6674 or 717-776.6433 Dean's Roofing The IS Affiant further deposes that he/she is not Fri( Mu interested in the subject matter of the offi aforesaid notice or advertisement, and that the all allegations in the foregoing statement as to time, place and character of publication are true. LETTE Ha( Wei All per Mal witl' Sworn to and subscribed before me this 2 49 Sc 429 Sc w Campl In clu i_ .. Notice i hP 6&AJ Scho Notary Public Scho forth from Eagh Me& Also, th the B been My commission expires: Scho Mech the 2( ..(a n NtpNWEd+i? aSYi i+'v.-. NOTARIAL SEAL BAMBI ANN HECKENDORN, Notalry Public 5 Csrtp Hill Boro., Cumberland County My Commiss?iow r.xpires January 27, 2010 Ra OF THE L ?,-!nTjpy 2009 JU - ! At' 11: 2 4 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 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION VS. EDWARD M. SOBRITO, JR KARLEE A. SHIVELY : No. 08-6593 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 EDWARD M. SOBRITO, JR, and KARLEE A. SHIVELY, 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 $140,446.84 Interest -11/07/2008 to 07/30/2009 $6,168.54 TOTAL $146,615.38 I hereby certify that (1) the Defendants' last known addresses are 200 N PRINCE STREET, APT IN, SHIPPENSBURG, PA 17257-1332,601 SOUTH MOUNTAIN ESTATE ROAD SHIPPENSBURG PA 17257-9660 and 241 MIDDLE ROAD NEWVILLE PA 17241 and (2) that notice has been given in accordance with Rule 237.1, copy attached. By: Lawre a T. Phelan, sq., Id. No. 32227 Fr is S. allinan, sq., Id. No. 62695 niel G. Sc g, Es q., 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 Attorneys for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: D y zzu PHS # 190533 PROTHONO ARY 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 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION VS. Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-6593 CIVIL TERM EDWARD M. SOBRITO, JR KARLEE A. SHIVELY 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 EDWARD M. SOBRITO, JR is over 18 years of age and has last known addresses of 200 N PRINCE STREET, APT IN, SHIPPENSBURG, PA 17257- 1332,601 SOUTH MOUNTAIN ESTATE ROAD, SHIPPENSBURG, PA 17257-9660 and 241 MIDDLE ROAD, NEWVILLE, PA 17241 (c) that defendant KARLEE A. SHIVELY is over 18 years of age and resides at 200 N PRINCE STREET, SHIPPENSBURG, PA 17257-1332. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. e e T. Phel , Es4., Id. No. 32227 ran cis . Hallin ,Esq., Id. No. 62695 ? Daniel G. c ieg, 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 0 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff v EDWARD M. SOBRITO, JR KARLEE A. SHIVELY Defendant(s) TO: EDWARD M. SOBRITO, JR 241 MIDDLE ROAD NEWVILLE, PA 17241 DATE OF NOTICE: July 17, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-6593 CIVIL TERM CUMBERLAND COUNTY 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. PHS # 190533 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. 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 Lawrence T. Phelan, Esq., Id. No. 32227 ,FT'a'ncis 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 By: PHS # 190533 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff V. EDWARD A SOBRITO, JR KARLEE A. SHIVELY Defendant(s) TO: KARLEE A. SHIVELY 200 N PRINCE ST, APT IN SHIPPENSBURG, PA 17257-1332 DATE OF NOTICE: July 17, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-6593 CIVIL TERM CUMBERLAND COUNTY 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. PHS # 190533 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. 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 Lawrence T. Phelan, Esq., Id. No. 32227 A-1-ancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 By: )kuLx-l PHS # 190533 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff V. EDWARD M. SOBRITO, JR KARLEE A. SHIVELY Defendant(s) TO: EDWARD M. SOBRITO, JR 601 SOUTH MOUNTAIN ESTATE ROAD SHIPPENSBURG, PA 17257-9660 DATE OF NOTICE: July 17, 2009 COURT OF MMON PLEAS CIVIL DIV NO. 08-6593 T CUMBERLAND COUN 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. cc, PHS # 190533 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. 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 Lawrence T. Phelan, Esq., Id. No. 32227 ./1*rancis 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 By: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 PHS # 190533 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff v EDWARD M. SOBRITO, JR KARLEE A. SHIVELY Defendant(s) TO: EDWARD M. SOBRITO, JR 200 N PRINCE ST, APT IN SHIPPENSBURG, PA 17257-1332 DATE OF NOTICE: July 17, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-6593 CIVIL TERM CUMBERLAND COUNTY 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. PHS # 190533 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. 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, Esq., Id. No. 32227 ,41'ancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 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 # 190533 3 Yfr',qv CAF THE- P i-k 2009 tU l' 35+ A V ray fd- Qk ? (Rule of Civil Procedure No. 236) - Revised METLIFE HOME LOANS, A DIVISION OF CUMBERLAND COUNTY METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION COURT OF COMMON PLEAS VS. EDWARD M. SOBRITO, JR KARLEE A. SHIVELY CIVIL DIVISION : No. 08-6593 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on 23//0 y By: If you have any questions concerning this matter Lce . Phel , Esq., Id. No. 32227 B?c 4 '0' F S. alli ,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 Attorneys for Plaintiff ** THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED ADISCHARGE INBANKRUPTCY, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY" PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff, No. 08-6593 CIVIL TERM V. EDWARD M. SOBRITO, JR. KARLEE A. SHIVELY Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 07/31/2009-12/09/2009 (per diem -$24.10) $146,615.38 $3,181.20 TOTAL Note: Please attach description of property. $149 796.5& <L 4 1 1 - . ? Lawrence T. Phelan, 9 ,1 No. 32227 ? Francis S. Hallinan, Esq., . No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Ju th T. Romano, Esq., Id. No. 58745 heetal 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 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 190533 d Qz z o0 o y 00z a a zz O W /> A? o EGz1 W 011 a o' ' MM??// 1..1 o? op F UZ z dc=,? . > OD ?d w e?p ? c ? 77,,w 3 W xpaWq ?Wx aw u za U wa W a r w V N CL E LLI C-'3 dict ..'. L!J CL Q N („) A d O CG v? W E d E ? a a z ? 0 F G?r7 ? a O a: o ? ? z a W N A ? vi d E C) It C, C14 e- "D 00 ??oopMN n0000 0zcgC14 MAN 2zz.60Zo?orn ooZ°z-Zz-6 ° -6.6 zzzocZb? b? ? H yW 0 -? ? ,° o o'c?fs7ci E0"V y W W b v1 .. a. a. h .ti W W uj W z .a wo"WWW W14 mCo° Q"'? CG1 0CA gW I a ` no 0x C °- aQ»oFC7 c es Z 6 a ?vi•r- o <U FOaa o ????? ??????????? Oar M c? Y ? Q 0 ?? j 3 r J 0 4000°? a ?t 4 i? V ?v d t Y ' 1 A .? s J r? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6593 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION, Plaintiff (s) From EDWARD M. SOBRITO, JR. AND KARLEE A. SHIVELY (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 $146,615.38 L.L. $.50 Interest FROM 7/31/2009 TO 12/9/2009 (PER DIEM - $24.10) - $3,181.20 Atty's Comm % Atty Paid $382.72 Plaintiff Paid Date: AUGUST 25, 2009 (Seal) Due Prothy $2.00 Other Costs Al"', C is . Long, Pro By: REQUESTING PARTY: Name SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION ATTORNEY FOR PLAINTIFF 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. EDWARD M. SOBRITO, JR. KARLEE A. SHIVELY Defendant(s). CIVIL DIVISION NO. 08-6593 CIVIL TERM CERTIFICATION The undersigned attorney, hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ? Lawrence T. Phel WEsad. o. 32227 ? Fran cis S. Hallina. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 e 1heetal 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., 1d. 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 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FILED,-,,F iCE OF THE PRO` IrINI'TARY 2009 AUG 2S PH 12: 41 C 1??€ MY. 17, i METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST ,HORIZON HOME LOAN CORPORATION . i Plaintiff, V. EDWARD M. SOBRITO, JR. KARLEE A. SHIVELY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6593 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION, 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 601 SOUTH MOUNTAIN ESTATE ROAD A/K/A 601 SOUTH MOUNTAIN ESTATES ROAD, SHIPPENSBURG, PA 17257-9660. 1. Name and address of Owner(s) or reputed Owner(s): Name EDWARD M. SOBRITO, JR. KARLEE A. SHIVELY Address (if address cannot be reasonably ascertained, please indicate) 601 SOUTH MOUNTAIN ESTATE ROAD A/K/A 601 SOUTH MOUNTAIN ESTATES ROAD SHIPPENSBURG, PA 17257-9660 200 NORTH PRINCE STREET, APARTMENT IN, SH PPENSBURG, PA 17257 241 MIDDLE ROAD, NEWVILLE, PA 17241 200 NORTH PRINCE STREET, APARTMENT IN SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None .4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) FIRST HORIZON HOME 4000 HORIZON WAY LOAN CORPORATION IRVING, TX 75063 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None .7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant SOUTH MOUNTAIN ESTATES ROAD Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 601 SOUTH MOUNTAIN ESTATE ROAD A/K/A 601 SHIPPENSBURG, PA 17257-9660 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 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. August 24, 2009 DATE 4 ? Lawrence T. Phelan, sq., 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 EZ, 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 F(i R1-Oli "FILE OF THE P C "'i-'CI !OTV.Y 2009 AUG 25 PH i2: 1, 1 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff, V. EDWARD M. SOBRITO, JR. KARLEE A. SHIVELY Defendant(s). CUMBERLAND COUNTY No. 08-6593 CIVIL TERM August 24, 2009 TO: EDWARD M. SOBRITO, JR. KARLEE A. SHIVELY 601 SOUTH MOUNTAIN ESTATE ROAD 200 NORTH PRINCE STREET, APARTMENT IN A/K/A 601 SOUTH MOUNTAIN ESTATES ROAD SHIPPENSBURG, PA 17257 SHIPPENSBURG, PA 17257-9660 200 NORTH PRINCE STREET, APARTMENT IN, SHIPPENSBURG, PA 17257 241 MIDDLE ROAD, NEWVILLE, PA 17241 * *THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at 601 SOUTH MOUNTAIN ESTATE ROAD A/K/A 601 SOUTH MOUNTAIN ESTATES ROAD, SHIPPENSBURG, PA 17257-9660, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $146,615.38 obtained by METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 08-6593 CIVIL TERM METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION vs. EDWARD M. SOBRITO, JR. and KARLEE A. SHIVELY owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland County, (Municipality) Pennsylvania, being 601 SOUTH MOUNTAIN ESTATE ROADA/K/A 601 SOUTH MOUNTAIN ESTATES ROAD SHIPPENSBURG, PA 17257-9660 (Acreage or street address) Parcel No. 39-36-2436-011 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: 146,615.38 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Southampton, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern (erroneously stated as western in prior deed) edge of road, Township Route T-317, said point being thirty (30).feet from the center of said road; thence along Lot No. 9 South zero (00) degrees thirty-two (32) minutes eight (08) seconds West, one hundred fifty (150) feet to a common corner with Lots Nos. 9, 10 and 11; thence by Lot No. 11, South eighty- nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds East one hundred five (105) feet to a common corner with Lots Nos. 7, 12 and 11; thence by Lot No. 7, North zero (00) degrees thirty-two (32) minutes eight (08) seconds East, one hundred fifty (150) feet to the southern (erroneously stated as western in prior deed) edge of the aforesaid Township Road; thence North eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds West, one hundred five (105) feet to the Place of BEGINNING. AND being Lot No. 8 in the Plan of Lots having been approved by the Board of Supervisors of said Township, and duly recorded. TITLE TO SAID PREMISES IS VESTED IN Edward M. Sobrito, Jr. single man and Karlee A. Shively, single woman, as joint tenants with the right of survivorship and not as tenants in common, by Deed from Sherry L. Barmont, single woman, dated 11/30/2005, recorded 12/02/2005 in Book 272, Page 959. % PREMISES BEING: 601 SOUTH MOUNTAIN ESTATE ROAD A/K/A 601 SOUTH MOUNTAIN ESTATES ROAD, SHIPPENSBURG, PA 17257-9660 PARCEL NO. 39-36-2436-011 THE y 2004 AUG 25 F-H 62. Lf CUt,??, Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esyy., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Es q., lid. No. 58745 Sheetal R. Shah-Jani, Esg. 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. Flo. 86657 Peter J. Mulcahy, Es , 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 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. EDWARD M. SOBRITO, JR. KARLEE A. SHIVELY Defendant(s). CIVIL DIVISION NO. 08-06593 CIVIL TERM AFFIDAVIT 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 EDWARD M. SOBRITO, JR. on SEPTEMBER 23, 2009 at 601 SOUTH MOUNTAIN ESTATE ROAD, SHIPPENSBURG, PA 17257-9660,200 NORTH PRINCE STREET, APT. IN, SHIPPENSBURG, PA 17257 & 241 MIDDLE ROAD, NEWVILLE, PA 17241 in accordance with the Order of Court dated JANUARY 29, 2009. The property was posted on SEPTEMBER 28, 2009. Publication was advertised in THE SENTINEL on SEPTEMBER 30, 2009 & in THE CUMBERLAND LAW JOURNAL on OCTOBER 2, 2009. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ,,Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmie , Es, Id. No. 62205 Michele M. Bradford, %q ., Id. No. 69849 Judith T. Romano, Esq., !d. No. 58745 Sheetal R. Shah-Jani, Esg. Id. No. 81760 Jenne R. Davey, Esq., Id X10. 87077 Lauren R. Tabas, Esq., Id. No. 93337 IdNo. 202331 Vivek Srivastava, Esq'14o.'86657 Jay B. Jones, Esq. Id. Peter J. Mulcahy, is , Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. F1lakos, 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 Dated: October 14, 2009 ?ill? ,\ bo ?. ?. .-. 0 00 ON V1 a ?o m ? m tTj z a y ?N o o y s: 0 w w 0 0 Ng? "'? O 7 o ? g o ? y c? 0 y o 9`wAtDE. 0 N R D o? m Q a el H 'b w a ? o E ? ? P. m?gd w ?o w N rya O W C? w m z C ?D ?r?+d xOd xOd 3 ???D x O ?+ sv v ro IyyTJ -z C"?bn??? s °`aQ N C6 v v Z v a O G x ° 0 r? y S qT?F 6 m PpfNf V ww" 02 'M G 0004218010 $ 01.,0 MAILED FROM ZIP 9i 2009 E 19103 ,,,.;' 7178 2417 6099 0037 6070 4/JJN EDWARD M. SOBRITO, JR 601 SOUTH MOUNTAIN ESTATE ROAD SHIPPENSBURG, PA 17257-0000 --fold here (regular) -- fold here (60) --fold here (regular) USPS - Track & Confirm UANTEDSTATES AXTAL SERWE- Page 1 of 1 Home i He Track & Confirm Wrack Confirm Search Results Label/Receipt Number: 7178 2417 6099 0037 6070 Class: First-Class Malls Track & Confir rn Service(s): Return Receipt Electronic Enter Label/Receipt Number. Status: Delivered Your item was delivered at 10:41 AM on October 6, 2009 in PHILADELPHIA, PA 19101. Detailed Results • Delivered, October 06, 2009,10:41 am, PHILADELPHIA, PA 19101 • Arrival at Unit, October 06, 2009, 2:56 am, PHILADELPHIA, PA 19104 • Moved, Left no Address, September 29, 2009, 7:53 am, SHIPPENSBURG, PA • Forwarded, September 25, 2009, 8:29 am, SHIPPENSBURG, PA • Acceptance, September 23, 2009, 4:42 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, September 23, 2009 Notifscarti€ n Ophons Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Return Receipt (Electronic) Verify who signed for your item by email. Sits Map Gustomgr_ery?re Forrnov_'t?gryseatgers Prii!acy,_Policy_ Term_of_lle B"?ing??Gutome?_?i Copyright© 2009 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do?strOrigTracl Num=... 10/14/2009 7178 2417 6099 0037 6087 4 / JJN EDWARD M. SOBRITO, JR 200 N PRINCE ST APT IN SHIPPENSBURG, PA 17257-0000 --fold here (regular) -- fold here (60) --fold here (regular) USPS - Track & Confirm UAtITED.STATES MWALSERVXE* Page 1 of 1 Home I He Track & Confirm Track Confirm Search Results Label/Receipt Number: 7178 2417 6099 0037 6087 Class: First-Class MailO Service(s): Return Receipt Electronic Status: Delivered Your item was delivered at 11:05 AM on October 1, 2009 in PHILADELPHIA, PA 19101. Track & Can m Enter Label/Receipt Number. -------- Detailed Results: • Delivered, October 01, 2009,11:05 am, PHILADELPHIA, PA 19101 • Arrival at Unit, October 01, 2009, 5:02 am, PHILADELPHIA, PA 19104 Addressee Unknown, September 25, 2009, 4:32 pm, SHIPPENSBURG, PA • No Such Number, September 25,2009,4:31 pm, SHIPPENSBURG, PA Acceptance, September 23,2009,4:42 pm, PHILADELPHIA, PA 19102 Electronic Shipping Info Received, September 23, 2009 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. ?> Return Receipt (Electronic) Verify who signed for your item by email. tea> $ite._M' 1p Qu tomgL gN14g EPMA QPv1Se Yi es QXAQ.ra Copyright© 2009 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA Fri-AK PK i ToLn!kPLUA.4p u ?l Re.$ s?SrSA SS4D1g C.Sz?? http://trkcnfrm 1. smi.usps. com/PTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=... 10/14/2009 7178 =417 boss 0037 saga 4 / JJN EDWARD M. SOBRITO, JR 241 MIDDLE ROAD NEWVILLE, PA 17241-0000 --fold here (regular) -- fold here (60) --fold here (regular) USPS - Track & Confirm Page 1 of 1 UANTED STATES POSTAL SERVKE* Home I He Track & Confirm Trek Confirm Search Results Label/Receipt Number: 7178 2417 6099 0037 6094 Class: First-Class Mailo Service(s): Return Receipt Electronic Status: Delivered Your item was delivered at 11:05 AM on October 1, 2009 in PHILADELPHIA, PA 19101. Detailed Results: • Delivered, October 01, 2009, 11:05 am, PHILADELPHIA, PA 19101 • Addressee Unknown, September 25, 2009,10:55 am, NEWVILLE, PA • Arrival at Unit, September 25, 2009, 7:53 am, NEWVILLE, PA 17241 • Acceptance, September 23, 2009, 4:42 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, September 23, 2009 Notification Options - Track & Confirm Enter Label/Receipt Number. Track & Confirm by email Get current event information or updates for your item sent to you or others by email. (W;-') Return Receipt (Electronic) Verify who signed for your item by email. IGta> _grms o_,e Site Map ystomg? $eryicg FoC.m ?pv eryjc?g. arggrs Pr _acy Poljc- Copyright@ 2009 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA .0.s n iest Q. stomer-0A http://trkcnfrml . smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=... 10/14/2009 AFFIDAVIT OF SERVICE PLAINTIFF METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION DEFENDANT(S) EDWARD M. SOBRITO, JR. KARLEE A. SHIVELY ***PLEASEPOSTPROPERTYFOR EDWARD M. SOBRITO. JR. PER COURT ORDER*** 601 SOUTH MOUNTAIN ESTATE ROAD A/K/A 601 SOUTH MOUNTAIN ESTATES ROAD SHIPPENSBURG, PA 17257-9660 CUMBERLAND COUNTY No. 08-6593 CIVIL. TERM PHS #190533 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 9, 2009 SERVE .? 191.1 Served and made known to w s A. So) KK"' Defendan on the day of ,,JJ ?s?a , 200q at T 1 o'clock _?.m., at S ` J , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. , , ark officer of said De fendant(s)'s company. ;?,??Nsb.rrzg Description: Age Height Weight Race Sex Other I,?1?`? Y'1 c c Gk , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed befor this:??T*hday of 200-5. / N arv: , n <--W/ 9-J- Bv: ATTEMPTED. NOTARIAL SEAL Notary Public ;..,Af,v LUCILLE N. CARTY ETTERKENNY TWP, FRANKLIN COUNTY Commission Expires Nov 10, 2011 TIMES OF SERVICE NOT SERVED On the day of , 200,x, at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer Vacant lsr Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day PHELAN HALLINAN & SCHMIEG, L.L.P. of 200_. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard I DA 1 nI nQ '901A ?, .. ... PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames IQeinklaus, Advertising Operation Director, 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 13th, 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): September 30 2009 COPY OF NOTICE OF PUBLICATION poses that he/she is not ubject matter of the r advertisement, and that he foregoing statement nd character of a ph i? scribed before me this ?sF ;f r ;s U?/ Notary Public expires: lARIAL SM a? ?., Cwftdww cowttyy r_ Jwwe y 27, 2010 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 in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz October 2, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Edi SW01tWrO AND SUBSCRIBED before me this 2 day of October, 2009 Notary NC,,ARIAL SEAL DEBORAH A COLLINS Notary Public LAYRLISLE BORO, CUMBERLAND COUNTY Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 08-06593 CIVIL TERM METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., f/k/a FIRST HORIZON HOME LOAN CORPORATION VS. EDWARD M. SOBRITO, JR. & KARLEE A. SHIVELY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: EDWARD M. SOBRITO, JR. ALL THAT following described lot of ground situate, lying and being in SOUTHAMPTON Township, County of CUMBERLAND, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of South- ampton, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern (erroneously stated as west- ern in prior deed) edge of road, Town- ship Route T-317, said point being thirty (30) feet from the center of said road; thence along Lot No. 9 South zero (00) degrees thirty-two (32) minutes eight (08) seconds West, one hundred fifty (150) feet to a common corner with Lots Nos. 9, 10 and 11; thence by Lot No. 11, South eighty- nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds East one hundred five (105) feet to a com- mon corner with Lots Nos. 7, 12 and 11; thence by Lot No. 7, North zero (00) degrees thirty-two (32) minutes eight (08) seconds East, one hundred fifty (150) feet to the southern (er- roneously stated as western in prior deed) edge of the aforesaid Township Road; thence North eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds West, one hundred five (105) feet to the Place of BEGINNING. AND being Lot No. 8 in the Plan of Lots having been approved by the Board of Supervisors of said Township, and duly recorded. TITLE TO SAID PREMISES IS VESTED IN Edward M. Sobrito, Jr. single man and Karlee A. Shively, sin- gle woman, as joint tenants with the right of survivorship and not as ten- ants in common, by Deed from Sher- ry L. Barmont, single woman, dated 11/30/2005, recorded 12/02/2005 in Book 272, Page 958. PREMISES BEING: 601 SOUTH MOUNTAIN ESTATE ROAD a/k/a 601 SOUTH MOUNTAIN ESTATES ROAD, SHIPPENSBURG, PA 17257- 9660. PARCEL NO. 39-36-2436-011. Your house (real estate) at 601 SOUTH MOUNTAIN ESTATE ROAD, SHIPPENSBURG, PA 17257-9660 is scheduled to be sold at the Sheriff's Sale on DECEMBER 9, 2009 at 10:00 A.M., at the CUMBERLAND County Courthouse to enforce the Court Judgment of $146,615.38 obtained by, METLIFE HOME LOANS, A DIVI- SION OF METLIFE BANK, N.A., f/k/a FIRST HORIZON HOME LOAN COR- PORATION (the mortgagee), against your Prop. sit. in SOUTHAMPTON Township, County of CUMBERLAND, and State of Pennsylvania. Being Premises: 601 SOUTH MOUNTAIN ESTATE ROAD, SHIP- PENSBURG, PA 17257-9660. Improvements consist of residen- tial property. Sold as the property of EDWARD M. SOBRITO, JR. & KARLEE A. SHIVELY. 2 r CUMBERLAND LAW JOURNAL TERMS OF SALE: The purchaser at the sale must take ten (10%) per- cent down payment of the bid price or of the Sheriff's cost, whichever is higher, at the time of the sale in the form of cash, money order or bank check. The balance must be paid within ten (10) days of the sale or the purchaser will lose the down money. THE HIGHEST AND BEST BID- DER SHALL BE THE BUYER. DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Oct. 2 3 !;. " r14 FUTD Or 7t ICE- 2 ; 7AIRY 2009 0 ?C T E? 9 j E6? i 9 an & Schmieg, LLP T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF -1 wilinan, Esq., Id. No. 62695 s limieg, Esq., Id. No. 62205 3radford, Esq., Id. No. 69849 iaao, Esq., Id. No. 58745 Utz-Jani, Esq., Id. No. 81760 rt: "/c y, Esq., Id. No. 87077 bias, Esq., Id. No. 93337 -,-is 'lava, Esq., Id. No. 202331 ?., Esq., Id. No. 86657 airy, Esq., Id. No. 61791 J_,. hivack, Esq., Id. No. 84439 :K a.i tiness, Esq., Id. No. 90134 ;i,?Ac P. Fliakos, Esq., Id. No. 94620 w!dman, Esq., Id. No. 205047 )unn, Esq., Id. No. 206779 s, amblett, Esq., Id. No. 208375 3a.;ua evard, Suite 1400 f ' ;zrter Plaza ?...PA 19103 )00 1 40ME LOANS, A DIVISION OF Court of Common Pleas t ? ;SANK, N.A., FWA FIRST HORIZON s ?'fOAN CORPORATION Civil Division Plaintiff CUMBERLAND County i - ;I A':I.RD M. SOBRITO, JR No. 08-6593 CIVIL TERM K f°t P 1, EE A. SHIVELY Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on November 7, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on July 31, 2009 in the amount of $146,615.38. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 9, 2009. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $130,938.92 Interest Through December 9, 2009 $15,515.64 Per Diem $22.87 Late Charges $419.20 Legal fees $1,250.00 Cost of Suit and Title $1,216.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $835.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,024.68 TOTAL $153,199.94 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 16, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "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: I Hallinan & Schmieg, LLP By: LJ Lawrence T. Phelah, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? aG. 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 H Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. CUMBERLAND County EDWARD M. SOBRITO, JR KARLEE A. SHIVELY No. 08-6593 CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE EDWARD M. SOBRITO, JR and KARLEE A. SHIVELY 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 601 SOUTH MOUNTAIN ESTATE ROAD, SHIPPENSBURG, PA 17257-9660. 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, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp v Grillo, 827 A.2d 489 (Pa.Super. 2003). Moran Guaranty Trust Co. of N.Y. v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. Vl. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Saving 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 Reap, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. P elan Hallinan & Schmieg, LLP DATE: Q By: ? Lawrence T. Phel , Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? el G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO , ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VTVEK 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 (2151 563-7000 190533 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZONVAY IRVING, TX 75063 Plaintiff v. E7 o p t_ ? Y1 r? f_r. CJ 'r Z _` m . 1 n :- _ <_ ' ,F ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. b$ -6513 Oivil lp-m EDWARD M. SOBRITO, JR CUMBERLAND COUNTY KARLEE A. SHIVELY 13 RENE AVEN P 17257-9660 We hero be and yuitl??n t of the td Defendants Or`9jrW CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ATTORNcU FILES {CQjO??PY File #: 190533. PLEASE RETU RSV 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 (717) 249-3166 File #: 190533 1. Plaintiff is METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: EDWARD M. SOBRITO, JR KARLEE A. SHIVELY 13 RENEE AVENUE SHIPPENSBURG, PA 17257-9660 who is/are, the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/30/2005 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. 1933, Page 0432. 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 03/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 190533 6. The following amounts are due on the mortgage: Principal Balance $130,938.92 Interest $6,493.20 02/01/2008 through 11/06/2008 (Per Diem $23.19) Attorney's Fees $1,250.00 Cumulative Late Charges $419.20 11/30/2005 to 11/06/2008 Mortgage Insurance Premium / $105.00 Private Mortgage Insurance Cost of Suit and Title Search 550.00 Subtotal $139,756.32 Escrow Credit $0.00 Deficit $690.52 Subtotal 690.52 TOTAL $140,446.84 7. If the morCgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. The mortgage premises are vacant and abandoned. File #. 190533 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $140,446.84, together with interest from 11/06/2008 at the rate of $23.19 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP C By: ?,?,b--9fn r? LA NCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAMIE MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 190533 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Southampton, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern (erroneously stated as western in present deed) edge of road, Township Route T-317, said point being thirty (30) feet from the center of said road; thence along Lot #9 South zero (00) degrees, thirty-two (32) minutes eight (8) seconds West one hundred fifty (150) feet to a common corner with Lots #9, #10 and #11; thence by Lot #11, South eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds East one hundred five (105) feet to a common corner with Lots #7, #12, and #11; thence by Lot #7, North zero (00) degrees thirty-two (32) minutes eight (08) seconds East one hundred fifty (150) feet to the Southern (erroneously stated as Western edge in present deed) edge of the aforesaid Township Road; thence North eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds West one hundred five (105) feet to the place of BEGINNING. BEING Lot #8 in the Plan of Lots having been approved by the Board of Supervisors of said Township, and duly recorded. PREMISES: 601 SOUTH MOUNTAIN ESTATE ROAD PARCEL#: 39-36-2436-011 File €i: 190533 VERIFICATION Mike Fisher hereby states that he/she is "? of METLIFE HOME LOANS, servicing agent for Plaintiff, FIRST HORIZON HOME ! ?LV?A SION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, 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 unworn falsification to authorities. Name: Mi a Fisher DATE: Title: Limited Vice President Company: METLIFE HOME LOANS File #: 190533 Exhibit "B" MUM FXE CM, . PLEASE RETURN 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 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 20*Y FILE COP, Courtenay R. Dunn, Esq., Id. No. 2061yi f SE RETLMN Andrew C. Bramblett, Esq., Id. No.'208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION VS. Attorney for Plaintiff N c : - c? :orT ?, V : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-6593 CIVIL TERM EDWARD M. SOBRITO, JR KARLEE A. SHIVELY N CCP- ALEASL RETURN 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 EDWARD M. SOBRITO, M and KARLEE A. SHIVELY, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $140,446.84 Interest -11/07/2008 to 07/30/2009 $6,168.54 TOTAL $146,61538 I hereby certify that (1) the Defendants' last known addresses are 200 N PRINCE STREET, APT IN, SHIPPENSBURG. PA 17257-1332,601 SOUTH MOUNTAIN ESTATE ROAD. SHIPPENSBURG. PA 17257-9660 and 241 MIDDLE ROAD NEVWILLE PA 17241 and (2) that notice has been given in accordance with Rule 237. 1, copy attached. By: La VScgg, d. No. 32227 F 1s . No. 62695 iel , . 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 eloshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _?7! PHS # 190533 PROTHO ARY Exhibit "C" O a W ,o x? o0 ? O ? 01 (fir Q xu aab a. 0 a Od y zoo `o w ? b £ 0 6 L 3000 d1Z WOHA 0911VW ' C 6002 9 L1OC 9SZL ZU000 s 0. 1 ovzo $ AL ao c S'Aws A3N14i ® 4? W Sb N Six d T E d ? o b 'C ? ? b E h E ? 0 1, ? 9 d W U w ?gw o?o ? W x F ? a A ? a o = Ems' " W `. _U,?Kq rA en S PL 9 O ? ? W > W > O F W W C 0-4 x x? W x x > ? Q d Q vri F d d o W N W Q0 W W d a d ? z ? ? A x M G7 ? F ? X M - ? CSS t ONO 0 0 ? r? C 1 ? ? 0 6 a W y y?+ ^7N qv ^JN Cr- pa y a W ? a x 0 ? U d ?? ?? ? ?W ?PQ ao a 3 a z w? ww wz w? z vMM i M i vM ,? O? O? 01 Q O? v ? H H rl N ? C ? x x x x x N °m a a a s a E y a? 0 1% ~ N U F a PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 16, 2009 EDWARD M. SOBRITO, JR KARLEE A. SHIVELY 13 RENEE AVENUE SHIPPENSBURG, PA 17257-8237 RE: METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION v. EDWARD M. SOBRITO, JR and KARLEE A. SHIVELY Premises Address: 601 SOUTH MOUNTAIN ESTATE ROAD SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. 08-6593 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 21, 2009. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. T ly yours, e T. Phelan, squire /NX 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 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. Phelan Hallinan & Schmieg, LLP DATE: h4 Ili By: La ence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ?^, Paniel G. Schmieg, Esq., Id. No. 62205 LP Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 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 METLIFE HOME LOANS, A DIVISION OF Court of Common Pleas METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Civil Division Plaintiff V. CUMBERLAND County EDWARD M. SOBRITO, JR KARLEE A. SHIVELY No. 08-6593 CIVIL TERM Defendants 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. EDWARD M. SOBRITO, JR EDWARD M. SOBRITO, JR KARLEE A. SHIVELY KARLEE A. SHIVELY 13 RENEE AVENUE 601 SOUTH MOUNTAIN ESTATE ROAD SHIPPENSBURG, PA 17257-8237 SHIPPENSBURG, PA 17257-9660 EDWARD M. SOBRITO, JR EDWARD M. SOBRITO, JR KARLEE A. SHIVELY KARLEE A. SHIVELY 241 MIDDLE ROAD 200 N PRINCE ST NEWVILLE, PA 17241 APT IN SHIPPENSBURG, PA 17257-1332 KARLEE A. SHIVELY 141 WEST MAIN STREET #A FAYETTEVILLE, PA 17222 Phelan Hallinan & Schmieg, LLP DATE: By: )/?? ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 amel G. Schmieg, Esq., Id. No. ? 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF cr ctm? '' VA* AFFIDAVIT OF SLR' It -E CUMBERLAND COUNTY PLAINTIFF METLIFE HOME LOANS, A DIVISION OF / METLIFE BANK, N.A., F/K/A FIRST No. 08-6593 CIVIL TERM HORIZON HOME LOAN CORPORATION PHS #190533 DEFENDANT(S) EDWARD M. SOBRITO, JR. KARLEE A. SHIVELY Type of Action - Notice of Sheriff's Sale SERVE KARLEE A. SHIVELY AT: 141 W. MAIN STREET, APT. A Sale Date: DECEMBER 9, 2009 FAYETTEVILLE, PA 17222-1452 j_. 11'. SERVED 04 r ` L Served and made known to t:,t 4,4 Defendant, on the day of a4 V (!e-- 200 , at , o'clock m., at ?e* V i ?r e_ Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. f Other ?OIJC t tt Des 'ption: Age Height Weight Race W Sex Other C3 I, thpetent adult, being duly sworn according to law, depose and state that I personally handed a true and co ect cof the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ND RIASEAL LUCILLE H. CARTY Sworn to and su Notary Public bef a this day LETTERKENNY TWP, FRANKLIN COUNTY of, 200 1MY Commission Expires Nov 10, 2011 . ?2 Notary: By: PLEASE ATTEMPT SER AT LEAST 3 TEKES. INDICATE D ES OF SERVICE ATTEMPTED. NOT SERVED On the day of . 200. at o'clock _,_.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: Time: 2"a Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day PHELAN HALLINAN & SCHMIEG, L.L.P. of . 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 4 0Fr 2009 OCT 27 AM 10: 16 CUME:ws ti?JUN1Y PENNSYLVANIA METLIFE HOME LOANS, A IN THE COURT OF COMMON PLEAS OF DIVISION OF METLIFE BANK, N.A., CUMBERLAND COUNTY, PENNSYLVANIA F/K/A FIRST HORIZON HOME LOAN CORPORATION PLAINTIFF V. EDWARD M. SOBRITO, JR., KARLEE A. SHIVELY, DEFENDANTS NO. 08-6593 CIVIL ORDER OF COURT AND NOW, this 26`h day of October, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before November 16, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Michele Bradford, Esquire Attorney for Plaintiff ward M. Sobrito, Jr. gee A. Shively 1 South Mountain Estate Road Shippensburg, PA 17257-9660 Or 200 North Prince Street Apartment 1 N Shippensburg, PA 17257-1332 Or 13 Renee Avenue Shippensburg, PA 17257-8237 ?, I ?-a M. L. Ebert, Jr., J. r Or Karlee Shively 141 West Main Street #A Fayetteville, PA 17222 Or Edward Sobrito, Jr. Karlee Shively 241 Middle Road Newville, PA 17241 bas Ca I'f-S ma t LzCL OF THE FRII- Ir'- OTARY 2009 OCT 27 PM 1: 23 FEINKSYLVANA METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION VS. EDWARD M. SOBRITO, JR. KARLEE A. SHIVELY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 08-6593 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE The undersigned attorney hereby verify as follows: 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 Exhibit "A". DATE: it A By: 7 '--11 t sq., Id. No. 32227 LawrtP Fran q., Id. No. 62695 Sc q., Id. No. 62205 Da iel G. 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 Attorneys for Plaintiff ? w W V e c 'a a w o U °° o ? a? Uwe o, b ? L PC z o o ? ? v v m a c ro a o° y ? U C O C '? ,uo o y E C 6A ? ? E c a??' b0 E 6 ? ? U p O E c?;? F '? 7 •^ C r ?-+ O N ? X. C E y ua .o C , V O O sl ? 6o c ? 3 N T E a, N aoa p/? 7lbW ? 1 Z O E O b O$ ? 0 V CO 000 Em „ E boa e3N1? W t e o v x E 0 v ? k m 4", 61 ? ? ?j1 ^ o. _ o ? c N Y D„'0 om _ t . owe'--- ono=a ? .?i O o O ? oo w v v, N ? ? ? g p O N? ? ? v?o ao r*y ' s „ rn F ?n ss GYM cn H M H ? o 74 a 3 W a °? -v G w ' o x ? E ? ? °' ° > s cd ? v w Z U H p CAO ? a:y ( 7 U ?v df W ?O CO N om , O ? T a fl t+ , +- t . -? N - - - - - - - - - - ¢ CIN s a aW 0 n 0 ?a ? H w¢ aw o u ? 5.,A ? ai ? 30 O? ? ¢ a? a o x ? O E.., O wM °o? ? Ho a z ¢ ¢?s,?a OJOB N yk .° n z 0 ¢ ? Up? w Cj ?¢ o0o p a U o a?? ? OEn A ¢ <0 E o 3 z e z Oz ?? ?Qa z--a o o?" U a'i Sw aaiQ A ? ° f ° A ? Ha AU En o w ? d v 3 o Q AO rn ?CQ =Cq ti E N U N F- 0. r ?I . Dv ^,n,•,ir 1 r !- f. 2L'JJ FiU'i 1 2 F i 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 METLIFE HOME LOANS, A DIVISION OF Court of Common Pleas METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Civil Division Plaintiff V. CUMBERLAND County EDWARD M. SOBRITO, JR : KARLEE A. SHIVELY No. 08-6593 CIVIL TERM Defendants MOTION TO MAKE RULE ABSOLUTE METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. 2. That it is the Plaintiff in this action. 3. A Motion to Reassess Damages was filed with the Court on October 23, 2009. 4. A Rule was entered by the Court on or about October 27, 2009 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 5. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. 6. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 16, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: I? 1110 Phelan Hallinan & Schmieg, LLP By: ? L ence 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 1. Goldman, Esq., Id. No. 205047 ourtenay 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 1. 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 METLIFE HOME LOANS, A DIVISION OF Court of Common Pleas METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Civil Division Plaintiff V. CUMBERLAND County EDWARD M. SOBRITO, JR : KARLEE A. SHIVELY No. 08-6593 CIVIL TERM Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Petition to Reassess Damages was filed with the Court on October 23, 2009. A Rule was entered by the Court on or about October 27, 2009 directing the Defendant to show cause why the Petition to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 16, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: By: Phelan Hallinan & Schmieg, LLP ? eifc-e 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF METLIFE HOME LOANS, A IN THE COURT OF COMMON PLEAS OF DIVISION OF METLIFE BANK, N.A., : CUMBERLAND COUNTY, PENNSYLVANIA F/K/A FIRST HORIZON HOME LOAN CORPORATION : PLAINTIFF V. EDWARD M. SOBRITO, JR., KARLEE A. SHIVELY, DEFENDANTS NO. 08-6593 CIVIL ORDER OF COURT AND NOW, this 26th day of October, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before November 16, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ?, I. ?-a M. L. Ebert, Jr., J. Michele Bradford, Esquire Attorney for Plaintiff Edward M. Sobrito, Jr. Karlee A. Shively 601 South Mountain Estate Road Shippensburg, PA 17257-9660 Or 200 North Prince Street Apartment 1 N Shippensburg, PA 17257-1332 Or 13 Renee Avenue Shippensburg, PA 17257-8237 V v. --W - Rol! IlIRe Or Karlee Shively 141 West Main Street #A Fayetteville, PA 17222 Or Edward Sobrito, Jr. Karlee Shively 241 Middle Road Newville, PA 17241 bas VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: By: _ t C awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 (Q] Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff V. EDWARD M. SOBRITO, JR KARLEE A. SHIVELY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-6593 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. EDWARD M. SOBRITO, JR EDWARD M. SOBRITO, JR KARLEE A. SHIVELY KARLEE A. SHIVELY 13 RENEE AVENUE 601 SOUTH MOUNTAIN ESTATE ROAD SHIPPENSBURG, PA 17257-8237 SHIPPENSBURG, PA 17257-9660 EDWARD M. SOBRITO, JR EDWARD M. SOBRITO, JR KARLEE A. SHIVELY KARLEE A. SHIVELY 241 MIDDLE ROAD 200 N PRINCE ST NEWVILLE, PA 17241 APT IN SHIPPENSBURG, PA 17257-1332 KARLEE A. SHIVELY 141 WEST MAIN STREET #A FAYETTEVILLE, PA 17222 Phelan Hallinan & Schmieg, LLP DATE: I (A? By: awrence T. Phelan , Esq., Id. .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 1. Goldman, Esq., Id. No. 205047 /aCourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF TH?rk r f, ,nl Y?¦y OF THE 2009 NOV 23 AM 13. 2 t 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 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 08-6593 CIVIL TERM Plaintiff Vs. EDWARD M. SOBRITO JR. KARLEE A. SHIVELY Defendant(s) PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.RC.P.. 2352 TO THE PROTHONOTARY: Kindly substitute FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK, NATIONAL ASSOCIATION as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK, NATIONAL ASSOCIATION is the current 08-6593 190533 holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded 2/6/09 in Instrument No. 200903250 of Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. Date: PHELAN HALLINAN & SCHMIEG, LLP By: e an 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 Attorneys for Plaintiff 08-6593 190533 RE-OFFICE OF THE PROTHONOTARY 2009 NOV 18 PM 1: 26 GUMBO: -tL; 4 a? --??(,)UNTY PENNSYtYANA K, 0 0 V c( Piet,,,, ck d x'77 g-yy /Z e a- 3 3 7 ,;?- f y PHELAN HALLINAN & SCHMIEG 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 Andrew L. Spivack, Esq., Id. No. 84439 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 ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff VS. CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-6593 CIVIL TERM EDWARD M. SOBRITO JR. and KARLEE A. SHIVELY Defendant(s) PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: 08-6593 190533 h Please mark the judgment in the above-captioned matter to the use of FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK, NATIONAL ASSOCIATION, located 4000 HORIZON WAY, IRVING, TX 75063. PHELAN HALLINAN & SCHMIEG, LLP By: -----??? Phel allinan & 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq, Id No. 208375 Attorneys for Plaintiff 08-6593 190533 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK, NATIONAL ASSOCIATION, use plaintiff. PHELAN HALLINAN & SCHMIEG, LLP By: z an 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. 206772 Andrew C. Bramblett, Esq, Id No. 208375 Attorneys for Plaintiff 08-6593 190533 R:E'D-U E OF THE PR ` HMORY 2009 NOV 18 FM I : 2 6 PENNSYLVAJNIA ,t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA METLIFE HOME LOANS, A DIVISION OF Court of Common Pleas METLIFE BANK, N.A., F/K/A FIRST HORIZON ; HOME LOAN CORPORATION : Civil Division Plaintiff V. CUMBERLAND County EDWARD M. SOBRITO, JR KARLEE A. SHIVELY Defendants No. 08-6593 CIVIL TERM ORDER AND NOW, this 1,y day of 143 , 2009, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance Interest Through December 9, 2009 Per Diem $22.87 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $130,938.92 $15,515.64 $419.20 $1,250.00 $1,216.50 $0.00 $835.00 $0.00 $0.00 $0.00 ($0.00) $3,024.68 $153,199.94 Plus interest from December 9,, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 190533 FUL 2069 NOV 2S A° : 03 n k%j SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff vz,Ojr at cmlq?,,,j4,14 nL ED ?)F'] -'Ilk d`-: Jody S Smith Chief Deputy Edward L Schorpp Solicitor 2010JA"',H -8 r11 2: 10 t AF; f Metlife Home Loans vs. Edward M Sobrito, Jr Case Number 2008-6593 SHERIFF'S RETURN OF SERVICE 09/25/2009 03:50 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 9/25/09 at 1548 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 Edward M. Sobrito, Jr and , Karlee A. Shively, located at, 601 South Mountain Estate Road, a/k/a 601 South Mountain Estates Road, Shippensburg, Cumberland County, Pennsylvania according to law. 10/16/2009 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: Karlee A. Shively, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant Karlee A. Shively, defendant does not reside at : 200 North Prince Street, Apt. 1 N, Shippensburg, PA, and 601 South Mountain Estate Road, a/k/a 601 South Mountain Estates Road, Shippensburg, PA is Vacant. 10/16/2009 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: Edward M. Sobrito, Jr., 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 Edward M. Sobrito, Jr, defendant does not reside at : 200 North Prince Street, Apt. 1 N, Shippensburg, PA, he has never resided at 241 Middle Road, Newville, PA, per current resident Derrick Caskell, and 601 South Mountain Estate Road, a/k/a 601 South Mountain Estates Road, Shippensburg, PA is Vacant. 12/09/2009 Real Estate Property sold back to Mortgage Company for 1.00 on 12/9/09 01/07/2010 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 December 9, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Fannie Mae, P.O. Box 650043, Dallas, TX 75265-0043 being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 827.63 SHERIFF COST: $827.63 SO Aqi? ?ER,,'? January 07, 2010 7NY ANDERSON, SHERIFF 6 0'1,V-, ? CC ySu',tn She?':f. METLIFE HOME LOANS, A DIVISION OF e METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff, V. EDWARD M. SOBRITO, JR. KARLEE A. SHIVELY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6593 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION, 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 601 SOUTH MOUNTAIN ESTATE ROAD A/K/A 601 SOUTH MOUNTAIN ESTATES ROAD, SHIPPENSBURG, PA 17257-9660 1. Name and address of Owner(s) or reputed Owner(s): Name EDWARD M. SOBRITO, JR. KARLEE A. SHIVELY Address (if address cannot be reasonably ascertained, please indicate) 601 SOUTH MOUNTAIN ESTATE ROAD A/K/A 601 SOUTH MOUNTAIN ESTATES ROAD SHIPPENSBURG, PA 17257-9660 200 NORTH PRINCE STREET, APARTMENT IN, SHIPPENSBURG, PA 17257 241 MIDDLE ROAD, NEWVILLE, PA 17241 200 NORTH PRINCE STREET, APARTMENT IN SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) FIRST HORIZON HOME 4000 HORIZON WAY LOAN CORPORATION IRVING, TX 75063 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None _i 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant SOUTH MOUNTAIN ESTATES ROAD Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address (if address cannot be reasonably ascertained, please indicate) 601 SOUTH MOUNTAIN ESTATE ROAD A/K/A 601 SHIPPENSBURG, PA 17257-9660 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 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. August 24, 2009 DATE ? Lawrence T. Phelan, sq., Id. No. 32227 ? Francis S. Hallinan, Esq., d. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 63.81 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 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 i..' ' k .... _, ?.. L ... METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff, V. EDWARD M. SOBRITO, JR. KARLEE A. SHIVELY Defendant(s). CUMBERLAND COUNTY No. 08-6593 CIVIL TERM August 24, 2009 TO: EDWARD M. SOBRITO, JR. KARLEE A. SHIVELY 601 SOUTH MOUNTAIN ESTATE ROAD 200 NORTH PRINCE STREET, APARTMENT IN A/K/A 601 SOUTH MOUNTAIN ESTATES ROAD SHIPPENSBURG, PA 17257 SHIPPENSBURG, PA 17257-9660 200 NORTH PRINCE STREET, APARTMENT IN, SHIPPENSBURG, PA 17257 241 MIDDLE ROAD, NEWVILLE, PA 17241 * *THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at 601 SOUTH MOUNTAIN ESTATE ROAD A/K/A 601 SOUTH MOUNTAIN ESTATES-ROAD, SHIPPENSBURG, PA 17257-9660, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $146,615.38 obtained by METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 P SHORT DESCRIPTION By virtue of a Writ of Execution No. 08-6593 CIVIL TERM METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION VS. EDWARD M. SOBRITO, JR. and KARLEE A. SHIVELY owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland County, (Municipality) Pennsylvania, being 601 SOUTH MOUNTAIN ESTATE ROADA/K/A 601 SOUTH MOUNTAIN ESTATES ROAD SHIPPENSBURG, PA 17257-9660 (Acreage or street address) Parcel No. 39-36-2436-011 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: 146,615.38 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 l LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Southampton, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern (erroneously stated as western in prior deed) edge of road, Township Route T-317, said point being thirty (30).feet from the center of said road; thence along Lot No. 9 South zero (00) degrees thirty-two (32) minutes eight (08) seconds West, one hundred fifty (150) feet to a common corner with Lots Nos. 9, 10 and 11; thence by Lot No. 11, South eighty- nine (89) degrees twenty-seven (27) in fifty-two (52) seconds East one hundred five (105) feet to a common corner with Lots Nos. 7, 12 and 11; thence by Lot No. 7, North zero (00) degrees thirty-two (32) minutes eight (08) seconds East, one hundred fifty (150) feet to the southern (erroneously stated as western in prior deed) edge of the aforesaid Township Road; thence North eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds West, one hundred five (105) feet to the Place of BEGINNING. AND being Lot No. 8 in the Plan of Lots having been approved by the Board of Supervisors of said Township, and duly recorded. TITLE TO SAID PREMISES IS VESTED IN Edward M. Sobrito, Jr. single man and Karlee A. Shively, single woman, as joint tenants with the right of survivorship and not as tenants in common, by Deed from Sherry L. Barmont, single woman, dated 11/30/2005, recorded 12/02/2005 in Book 272, Page 958. % PREMISES BEING: 601 SOUTH MOUNTAIN ESTATE ROAD A/K/A 601 SOUTH MOUNTAIN ESTATES ROAD, SHIPPENSBURG, PA 17257-9660 PARCEL NO. 39-36-2436-011 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Southampton, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern (erroneously stated as western in prior deed) edge of road, Township Route T-317, said point being thirty (30).feet from the center of said road; thence along Lot No. 9 South zero (00) degrees thirty-two (32) minutes eight (08) seconds West, one hundred fifty (150) feet to a common corner with Lots Nos. 9, 10 and 11; thence by Lot No. 11, South eighty- nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds East one hundred five (105) feet to a common corner with Lots Nos. 7, 12 and 11; thence by Lot No. 7, North zero (00) degrees thirty-two (32) minutes eight (08) seconds East, one hundred fifty (150) feet to the southern (erroneously stated as western in prior deed) edge of the aforesaid Township Road; thence North eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds West, one hundred five (105) feet to the Place of BEGINNING. AND being Lot No. 8 in the Plan of Lots having been approved by the Board of Supervisors of said Township, and duly recorded. TITLE TO SAID PREMISES IS VESTED IN Edward M. Sobrito, Jr. single man and Karlee A. Shively, single woman, as joint tenants with the right of survivorship and not as tenants in common, by Deed from Sherry L. Barmont, single woman, dated 11/30/2005, recorded 12/02/2005 in Book 272, Page 959. 1 PREMISES BEING: 601 SOUTH MOUNTAIN ESTATE ROAD A/K/A 601 SOUTH MOUNTAIN ESTATES ROAD, SHIPPENSBURG, PA 17257-9660 PARCEL NO. 39-36-2436-011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6593 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION, Plaintiff (s) From EDWARD M. SOBRITO, JR. AND KARLEE A. SHIVELY (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 $146,615.38 L.L. $.50 Interest FROM 7/31/2009 TO 12/9/2009 (PER DIEM - $24.10) - $3,181.20 Atty's Comm % Atty Paid $382.72 Plaintiff Paid Date: AUGUST 25, 2009 (Seal) REQUESTING PARTY: Name SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILAISELPHIA, PA 19103-1814 Due Prothy $2.00 Other Costs 1 Curtis . Long, Proth By: Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 Real Estate Sale # On September 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 601 South Mountain Estate Road, A/K/A 601 South Mountain Estates Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September .15 '2009 By: Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2008-6893 Civil Metlife Home Loans, a Division of Metlife Bank, N.A., F/K/A First Horizon Home Loan Corporation vs. Edward M. Sobrito, Jr. Karlee A. Shively Atty: Daniel Schmieg By virtue of a Writ of Execution No. 08-6593 CIVIL TERM, METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORA- TION vs. EDWARD M. SOBRITO, JR. and KARLEE A. SHIVELY, owners of property situate in the TOWN- SHIP OF SOUTHAMPTON, Cumber- land County, Pennsylvania, being 601 SOUTH MOUNTAIN ESTATE ROADA/K/A 601 SOUTH MOUNTAIN ESTATES ROAD, SHIPPENSBURG, PA 17257-9660. Parcel No. 39-36-2436-011. Improvements thereon: RESIDEN- TIAL DWELLING. ; ?! W?"- Z' - " r:) Z lza? L' a Marie Coyne, rtor SWrfi? TO AND SUBSCRIBED before me this 6 day of November, 2009 C Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 i he Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE t4ePahiot 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 Leslie Kramer, 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. This ad ran on the date(s) shown below: 10/23/09 10/30/09 11/06/09 . ....... l'j .. Sworn to an s 'bed before me thi 1 da f vember, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Public City OF Harrisburg; Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FANNIE MAE is the grantee the same having been sold to said grantee on the 9TH day of DEC A.D., 209, under and by virtue of a writ Execution issued on the 25TH day of AUG, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 6593, at the suit of METLIFE HOME LOANS against EDWARD M SOBRITO JR & KARLEE A SHIVELY is duly recorded as Instrument Number 201000761. IN TESTIMONY WHEREOF, I have, hereunto set my hand and eal of said office this day of A.D. Zp Q ?(l? of Deeds