Loading...
HomeMy WebLinkAbout09-0174~/ 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 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 194718 FIRST HORIZON HOME LOANS, A DIVISION OF COURT OF COMMON PLEAS FIRST TENNESSEE BANK NATIONAL ASSOCIATION CIVIL DIVISION 4000 HORIZON WAY IRVING, TX 75063 n TERM C ~ V ~ Plaintiff NO. ~ " ~ ~ ~ ~~ v. CUMBERLAND COUNTY JAMES W. ZULLINGER JANE M. ZULLINGER 105 FOGELSANGER ROAD SHII'PENSBURG, PA 17257 Defendants CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 194718 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 #: 194718 1. Plaintiff is FIRST HORIZON HOME LOANS, A -- - DNISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES W. ZULLINGER JANE M. ZULLINGER 105 FOGELSANGER ROAD SHIl'PENSBURG, PA 17257 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/13/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1989, Page 2940. 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 09/01/2008 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 #: 194718 6. The following amounts are due on the mortgage: .Principal Balance... _ _ _ _____ $2$5,996.73 Interest $8,403.45 08/01/2008 through 01/12/2009 (Per Diem $50.93) Attorney's Fees $1,325.00 Cumulative Late Charges $152.22 04/18/2007 to 01/12/2009 Mortgage Insurance Premium / $80.00 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $296,707.40 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $296,707.40 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above maybe 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 Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 194718 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $296,707.40, together with interest from 01/12/2009 at the rate of $50.93 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 B ~ 4 Y• L~a~ence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff ~ ~9.r- File #: 194718 LEGAL DESCRIPTION .~ C UNTY, pENTiS ~ AID ' 'ND STP[IATE IN SOUTHAMP''TON TOWNSHIP, CUMBERLAND DED AND DESCRIBED AS FOLLOWS: BEGINNING AT A SPIKE IN THE CENTER OF TO WNSHJP ROAD N0.307 AT LINE OF LANp OF FRANK FOGELSANGER AND' JOHN A MYERS AND HELEN WQ,1,IS MYERS, HIS WIFE, GRANTORS HEREIN; THENCE ALONG THE SAID FOGELSANGER LAND NORTH 7NIItTY-NINE (39} DEGREES TWO (2} MIMTIF.S FORTY (40) SECONDS EAST, FOUR HUNDRED NINETY-0NE AND FORTY-SEVEN HUNDREDTHS (491.47) FEET ~ A STAKE AT OTHER LAND OF JOHN A. SOUTii FO H ~N 4~F~.G1:'IFHITY-SIX 561tANTORS HEREIN; THENCE BY THE SAME HUNDRED SEVENTY_F7VE AND SE ( ) MIIVtTt'ES ~ ~0) SECONDS EAST, SIX BY THE SAME SOUTH F>F'Iy (SO} DEGREES ONE REDMTH~IE S 70) FEET TO A STAKE; THENCE AND NINE HUNDREDTHS (659.09) PEST TO A SPIKE IN THE WEST, SDC HUNDRED FIFTY-NME PUBLIC ROAD; THENCE ALONG THE CENTER OF THE CENTER OF THE AFORESAID TWENTY-FIVE (25) DEGREES NINE (9) MINUTES TVI/Ep)Ty (20) SECONDS WEST, SIXOHUNDRED (600} FEET TO A SPIKE IN THE SAID PUBLIC ROAD, THE PLACE OF BEGINNING CONTAINING 8.154 ACRES. PURSUANT TO SURVEY OF THOMAS A. NEFF, R. S., DATED JULY 29, 1965. BEING A PORTION OF THAT TRgCT OF LAND WHICH lESSIE H. WILLIS, WIDOW, HELEN WILLiS MYERS, UV HER O WN RIGHT, AND lOHN A. MYERS, HER HUSBAND, BY THE[R DEED DATED SEPTEMBER IS, 1959, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY INDEED BOOK "K", VOL. 19, PAGE 44, CONVEYED TO HELEN WILLiS MYERS AND JOHN A. MYERS, HER HUSBAND, GRANTORS HEREIN ._..~~.. .._ ..p;,; +' ', i ,`l "' ,{!~ ~~~ ^~~ OR 1~CEL OF LAND SITUATE IN THE TOWNSHIP OF SOU'[NAM!'TON, LINTY, PENNSYLVANIA, MORE FULLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A RAILROAD 5PIIC$ IN THE CENTERLINE OF FOGELSANGER ROAD (TOWNSHIP ROUTE 307) AT CORNER OF LOT NO. Z ON SUBDIVISION PLAN OF JAI~,S W. AND JANE M. ZULd.IIrTGER, GRANTORS HEREIN; THENCE BY THE ~'ERLINE OF SAID TOWNSHIP ROAD, NORTH 2S DEGREES 9 MpYU`1'ES 20 SECONDS WEST, 200.Op FEET TO A NAIL AT CORNER OF LANDS NOW OR FORMERLY OF FRANK POGELSANGER; THENCE gy LANDS OF FOGELSANGER, NORTH 39 DEGREES 2 MINUTES 40 SECONDS EAST, 491.47 FEET TO AN IRON PM; THENCE BY LANDS NOW OR FORMERLY OF ALBERT FREEMAN, SOUTH 41 DEGREES Sb .~-IINVTES 20 SECONDS EAST, 300.00 FEET TO AN AION PIN AT LINE OF LANDS NOW OR 1'ORMEW.Y OF JAMES W. AND JAN$ M. Zt1L,>NGgR. GRANTORS HEREQV; THENCE BY SAID. LANDS OF ZULi.IN(iER, SOUTH S 1 DEGREES ZZ MR4i)1'ES 48 SEOONpS WEST, 544.06 FEET TO A RAILROAD SPIKE IN THE CENTERLINE OF 1'QCIELSANGBR ROAD, THE PLACE OF BECiiNNING. BEING LOT NO. 1 ON SUBDIVISION PLA1V OF JAMES W. ZIJI,WNGER AND JANE M. ZUII.INGER, HIS WIFE. DATED DEC~Eit 16,1985, APPROVED APRIL 28.1986 BY THE' BOARD OF SUPERVISORS, SOITfHAMpq~pN TOp-NSI~. ~gE~A~.000NTY, PENNSYLVANIA, SAID PLAN BEING RECORDED JN PLAN BOOK S0, PAGE 1 S. CO1+1T/LiN1NG 2.886 ACMES. PROFERTY BEING: 105 FOGELSANGER ROAD PARCEL NO. 39-12-0318-032 Fik #: 194718 w VERIFICATION I hereby states that I am the attorney for the 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: ~ ~ 3 d Attorney for Plaintiff File #: 194718 C~ ~'' v ~ ~ ~ N ~ ~t1 ~' ~- ~. ~~ ~ r --~ Q r = ,F' (~ (''y ~ ~ ~ :_ r -r, ~ t7 . ~ ~ ~~ -::: ~.., ; t~ Sheriffs Office of Cumberland County R Thomas Kline Sheriff ~~j ,„ ~t ~'araa~e~f~jrb Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ~r c~ ` ~" ="Ys'rr Edward L Schorpp Solicitor ~,._ , .fir' ~ ~'< <~_ ; ~~ ,,!1T'+ 209 GC7 30 P i I ~ 50 E ~< ~. ; r ~ . ,. ~,v`,r.. ,.~i First Horizon Home Loans, A Division of vs. James W Zullinger Case Number 2009-174 SHERIFF'S RETURN OF SERVICE 06/25/2009 08:15 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6/25/09 at 2015 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 James W. Zullinger and Jane M. Zullinger, located at, 105 Fogelsanger Road, Shippensburg Cumberland County, Pennsylvania according to law. 06/25/2009 08:15 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6/25/09 at 2015 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: James W. Zullinger, by making known unto, James W. Zullinger, personally, at, 105 Fogelsanger Road, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/25/2009 08:15 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6/25/09 at 2015 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jane M. Zullinger, by making known unto, James W. Zullinger, husband, at, 105 Fogelsanger Road, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 08/31/2009 Property sale postponed to 11/4/2009. 10/28/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, per letter of instruction from Attorney Elizabeth Hallinan. 10/28/2009 Property sale cancelled on 10/28/2009 SHERIFF COST: $1,282.36 October 28, 2009 / % ~~~ ~~ `' y `~^~- SO ANSWERS, - T~ R THOMAS KLINE. SHERIFF l.n- ~~.5~~~' ~~~~~~ FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION v. Plaintiff, JAMES W. ZULLINGER JANE M. ZULLINGER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-174 AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF'sFIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by its attorney, DANIEL, G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257- 9704 . 1. Name and address of Owner(s) or reputed Owner(s): Name JAMES W. ZULLINGER JANE M. ZULLINGER Last Known Address (if address cannot be reasonably ascertained, please indicate) 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name MEMBERS 1sT FEDERAL CREDIT UNION Last Known Address (if address cannot be reasonably ascertained, ;please indicate} 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 . ~ ~ FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, v. JAMES W. ZULLINGER JANE M. ZULLINGER Defendant(s). CUMBERLAND COUNTY No. CIVIL-09-174 March 30, 2009 TO: JAMES W. ZULLINGER 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 JANE M. ZULLINGER 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 * *TKIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TD COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at , 105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257- 9704, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $298,693.67 obtained by FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You maybe 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 (2151563-7000. 2. You maybe 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 maybe 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 m_ay 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, LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A SPIKE IN THE CENTER OF TOWNSHIP ROAD N0.307 AT LINE OF LAND OF FRANK FOGELSANGER AND JOHN A. MYERS AND HELEN WQ,LIS MYERS, HIS WIFE, GRANTORS HEREIN; THENCE ALONG THE SAID FOGELSANGER LAND NORTH THIRTY-NINE (39) DEGREES TWO (2) MINUTES FORTY (40) SECONDS EAST, FOUR HUNDRED NINETY-ONE AND FORTY-SEVEN HUNDREDTHS (441.47) FEET TO A STAKE AT OTHER LAND OF JOHN A. MYERS AND HELEN WILLIS MYERS, IIIS WIFE, GRANTORS HEREIN; THENCE BY THE SAME SOUTH FORTY-ONE (41) DEGREES FIFTY-SIX (56) MINUTES TWENTY (20) SECONDS EAST, SIX HUNDRED SEVENTY-FIVE AND SEVENTY HUNDREDTHS (675.70) FEET TO A STAKE; THENCE BY THE SAME SOUTH FIFTY (50) DEGREES ONE (1) MINUTE WEST, SIX HUNDRED FIFTY-NINE AND NINE HUNDREDTHS (659.09) FEET TO A SPIKE IN THE CENTER OF THE AFORESAID PUBLIC ROAD; THENCE ALONG THE CENTER OF THE AFORESAID PUBLIC ROAD NORTH TWENTY-FIVE (25) DEGREES NINE (9) MINUTES TWENTY (24) SECONDS WEST, SIX HUNDRED (600) FEET TO A SPIKE IN THE SAID PUBLIC ROAD, THE PLACE OF BEGINNING. CONTAINING 8. ] 54 ACRF,S. PURSUANT TO SURVEY OF THOMAS A. NEFF, R. S., DATED JULY 29, 1965. BEING A PORTION OP THAT TRACT OF LAND WHICH 3ESSIE H. WILLIS, WIDOW, HELEN WILLIS MYERS, IN HER OWN RIGHT, AND JOHN A. MYERS, HER HUSBAND, BY THEIR DEED DATED SEPTEMBER I5, 1959, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY IN DEED BOOK "K", VOL. 14, PAGE 44, CONVEYED TO HELEN WILLIS MYERS AND JOHN A. MYERS, HER HUSBAND, GRANTORS HEREIN. LESS AND EXCEPT: ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE IN THE TOWNSHIP OF SOUTHAMPTON, CUMBERLAND COUNTY, PENNSYLVANIA, MORE FULLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A RAILROAD SPIKE IN THE CENTERLINE OF FOGELSANGER ROAD (TOWNSHIP ROUTE 307) AT CORNER OF LOT N0.2 ON SUBDIVISION PLAN OF JAMES W. AND 7ANE M. ZULLINGER, GRANTORS HEREIN; THENCE BY THE CENTERLINE OF SAID TOWNSHIP ROAD, NORTH 25 DEGREES 4 MINUTES 24 SECONDS WEST, 200.00 FEET TO A NAIL AT CORNER OF LANDS NOW OR FORMERLY OF FRANK FOGELSANGER; THENCE BY LANDS OF FOGELSANGER, NORTH 39 DEGREES 2 MINUTES 40 SECONDS EAST, 49].4? FEET TO AN IRON PIN; THENCE BY LANDS NOW OR FORMERLY OF ALBERT FREEMAN, SOUTH 41 DEGREES 56 MINUTES 20 SECONDS EAST, 300.00 FEET TO AN IRON PIN AT LINE OF LANDS NOW OR FORMERLY OF JAMES W. AND JANE M. ZULLINGER, GRANTORS HEREIN; THENCE BY SAID LANDS OF ZULLINGER, SOUTH 51 DEGREES 22 MINUTES 48 SECONDS WEST, 544.06 FEET TO A RAILROAD SPIKE IN THE CENTERLINE OF FOGELSANGER ROAD, THE PLACE OF BEGINNING. BEING LOT NO. 3 ON SUBDIVISION PLAN OF JAMES W. ZULLINGER AND JANE M. ZULLINGER, HIS WIFE, DATED DECEMBER 16, 1985, APPROVED APRIL 28, 1986 BY THE BOARD OF SUPERVISORS, SOUTHAMPTON TOWNSHIF, CUMBERLAND COUNTY, PENNSYLVANIA, SAID PLAN BEING RECORDED IN PLAN BOOK 54, PAGE I S. CONTAINING 2.886 ACRES. TITLE TO SAID PREMISES IS VESTED IN James W. Zullinger and Jane M. Zullinger, his wife, as tenants by the entireties, by Deed from John A. Myers and Helen Willis Myers, his wife, dated 08126/1965, recorded 49/02/1965 in Book S-21, Page 417. PREMISES BEING: 105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257-9704 PARCEL NO. 39-12-0318-032 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-174 Civil COUNTY OF CUMBERLAND) CI VIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL, Plaintiff (s) From JAMES W. ZULLINGER AND JANE M. ZULLINGER (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession 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 $298,693.67 L.L. $.50 Interest FROM 2/21/2009-9/212009 - (PER DIEM - $49.10) - $9,525.40 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $181.00 Other Costs Plaintiff Paid Date: MARCH 31, 2009 OGrtis R. Lon onota (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # On May 5, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as, 105 Fogelsanger Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May ~, 2009 By. _~'~ fi - ~ ~ Real Estate Coordinator ~~ , . ,~. ~ .'. n, ~~~ ~~~ ~~~ ~ ~.~~ ~~~~~~ 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: July 24, July 31 and August 7, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SWORN TO AND SUBSCRII~ED before me this _ 7 da of Au ust 2009 Notary i ~~ NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My CUmmission Expires Apr 28, 2010 REAL ESTATE SALE NO. 101 Writ No. 2009-174 Civil First Horizon Home Loans, A Division of First Tennessee Bank National Association vs. James W. Zullinger Jane M. Zullinger Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain tract of land situate in Southhampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 307 at line of land of Frank Fogelsanger and John A. Myers and Helen Willis My- ers, his wife, Grantors herein; thence along the said Fogelsanger land North thirty-nine (39) degrees two (2) minutes forty (40) seconds East, four hundred ninety-one and forty-seven' hundredths (491.47) feet to a stake at other land of John A. Myers and Helen Willis Myers, his wife, Grantors herein; thence by the same South forty-one (41) degrees fifty-six (56) minutes twenty (20) seconds East, six hundred seventy-five and seventy hundredths (675.70) feet to a stake; thence by the same South fifty (50) degrees one (1) minute West, sixhun- dred fifty-nine and nine hundredths (659.09) feet to a spike in the center of the aforesaid public road; thence along the center of the aforesaid public road North twenty-five (25) degrees nine (9) minutes twenty (20) seconds West, six hundred (600) feet to a spike in the said public road, the place of BEGINNING. CONTAINING 8.154 acres. Pursuant to survey of Thomas A. Neff, R.S., dated July 29, 1965. BEING a portion of that tract of land which Jessie H. Willis, widow, Helen Willis Myers, in her own right, and John A. Myers, her husband, by their Deed dated September 15, 1959, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book `I~', Vol. 19, Page 44, conveyed to Helen Willis My- ers and John A. Myers, her husband, Grantors herein. Less and Except: All that certain tract or pazcel of land situate in the Township of Southhampton, Cumberland County, Pennsylvania, more fully bounded and described as follows, to wit: BEGINNING at a railroad spike in the centerline of Fogelsonger Road (Township Route 307) at corner of Lot No. 2 on subdivision plan of James W. and Jane M. Zullinger, Grantors herein; thence by the cernterline of said Township Road, North 25 degrees 9 minute 20 sec- onds West, 200.00 feet to a nail at corner of lands now or formerly of Frank Fogelsonger; thence by lands of Fogelsonger, North 39 degrees 2 minutes 40 seconds East, 491.47 feet to an iron pin; thence by lands now or formerly of Albert Freemon, South 41 degrees 56 minutes 20 seconds East, 300.00 Feet to an iron pin at line of lands now or Formerly of James W. and Jane M. Zullinger, Grantors herein; thence by sold lands of Zullinger, South 51 degrees 22 minutes 48 seconds West, 544.05 feet to a railroad spike in the center- line of Fogelsonger Road, the place of BEGINNING. BEING Lot No. 1 on subdivision plan of James W. Zullinger and Jane M. Zullinger, his wife, dated December 16, 1985, approved April 28, 1985 by the Board of Supervi- sors, Southapmton Township, Cum- berland County, Pennsylvania, said plan being recorded in Plan Book 50, Page 15. CONTAINING 2,886 acres, sub- ject, however, to a right-of-way dedicated for the future widening of Fogelsanger Road, containing 0.116 acres. TITLE TO SAID PREMISES IS VESTED IN James W. Zullinger and Jane M. Zullinger, his wife, as tenants by the entireties, by Deed from John A. Myers and Helen Willis Myers, his wife, dated 08/26/1965, recorded 09 / 02 / 1965 in Book S-21, Page 417. PREMISES BEING: 105 FO- GELSSANGER ROAD, SHIPPENS- BURG, PA 17257-9704. PARCEL NO. 39-12-0318-032. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he~latriot-News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY •r This ad ran on the date(s) shown below: Sworn to bs ribed before m t Notary Public 07/24/09 _. 07/31/09 08/07/09 • ----- Qf August, 2009 A.D. COMMONWEALTH OF_PENNSYLVANIA Notarial Seal Sherrie L. Kisr~r, Notary Public ~ f~or~~~'~acpirae Nov. 26 2011 Member, Pennsylvania Assoclatlon of Notaries Bala No.1Q1 MNit No. t90F4i41 ChrN Tartu " `First Fbvlaon' FbnN Lonna, A D1vINan of FlrstTannasa~ 8etr-k National ` : Association a Vs. Jamsa W Zullingsr . Jana M ZuNingsr Arty: Dankl'Sohmleg kE(iAL DESCRiPT1ON ALL that certain tract of land situate in Southhampton Townaup, Cu~berland County, Pennsylvania, bounded- and described as follows: BEGINNING at a spike io the center of Township Road No. 307. at line of land of Frank Fogelsanger and John ~. Myers and Helen Willis Myers, his wife, Grantors. herein; thence along the said Ibgelsanget ]and North thirty- nine (39) degrees two (2) minutes forty (40) seconds East, fourhundred.ninety=one and forty- seven hundtedtwis (491.47) felt to a stake at othetlend of John A,;Myces'and Helen Willis. Myers, lps wife, GreiiOors herein; thence by the same South:forty-one (41) agrees fifty-siz (56) minutes twenty (i20} seconds.Bast,. six hundred sevemq•five rind seventy hundreddls (675.70) feet to'a stake; thence by the same South fifty (5()) degnxs one{1) Handle West, six hundred fifty-nib end nU)C hugdtFdths (659.09) feet to a spt'lre ie ttie ae~ of the aforesaid public road; thence'along the comer »f the aforesaid public road North tweitiy+five' (2~ degrees nine (9) minutes;twgnty'(~ seconds Weak six hundred (600) feet to a spike in the said public road, the ,place of BEGINNING. CONTAINING 8:154 acres. Pursoaat tq survey. of Thomas A, Neff, R.S., dated`Jdly-29, 1965:136ING a portion of thaf tract of land which Je~aie N. Willis, widow, Iielen Willis ASyers, in her oWn right, and John A. Myers, .her; Husband; by their Deed dated September 15, 1959, and tt in the Office of theReootBa~ ofDccde ofGumbefland County in Deed Book `R'; VoL 19, Page 44, conveyed to I~Telen Willis Myers and Jolpt A. Myers, her husband, Grantors herein. Less and Except: All .that cxrtainttact,orparcel of land situate inthe Township of Southhampton Cumberland County, Pennsylvania; more fully bounded and describaf as follows, 4a wit: BEGIIVNQVG at a railroad spike. in the centerlitte of Fogelsonger Road (Township Route 307) at comer of Lot No. 2 on subdivision plan of James W.-and Jane M. ~Ilinger, Grantors herein; thence by the canterlige of said Towitatip Road, North 25 degrees 9 minute 20 seconds West, 200.00 fcet fQ a nail 0i corner of lands now or formerly of Frank Pogelsonger; tbence by lands of Fogelsonger, North 39 degrees 2 minutes 40 seconds Bast, 441.A7 fcor to en iron pin; thence b lands'now or formally of Albert Freemon, S 41 degras S6 minutes 20 seconds East, 300.00 Peet bo aB lto4 pin'at line of lands now or Formerly of James W~ a~ Jane M. zallinger, Cttazdors herein; ' ti~¢ce by ,sold lands of Ztillinget, Sout}t Sl degrees 22 minutes 48 seeds West, 344:05 feet to a railroad spike in .the centerline vfPogebdnget Road, the place of BEGINNING. BEING Lot No: l ou'subdivision plan of ..James W. Zullinger and Jane M. Zultmger, his wife, dated December t6, 1985, approvod April 28, 1985 by the Boetd of Supervisors, Southapmton Township, Cumberland, County, Pennsylvania, said plan being: recorded ,io Plan Book S0, Page 15. CONTAWfNG 2,886 acres, subject, however, to aright-ofway dedicated for' the future widening of Ft+gdsanget Road, containing 0.116 acres. T1TLE TO SAID PItEN1ISE5 IS VESTED IN Jamta• W, 7,nllinger end Jang M. Zollinger, his grde; as teaanta by the'enhrepes, by Deed from Japr~A..ligyge~l srrd F~datYVitlis Myers, his wife, dated OIt26/19tJ3, reootded 0910111965 in Baok S-21, Page 417. ~1!~YR3ES BEING: 105 FGGELSSAI! 1, SHiPPFNSBURG, PA 17297-9704 PAt~1. NO.39-'t2-031&032 rc~, ~ PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FIItST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE COURT OF COMMON PLEAS BANK NATIONAL ASSOCIATION - Plaintiff CIVIL DIVISION v JAMES W. ZULLINGER JANE M. ZULLINGER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 02/21/2009 to Date of Sale ($49.10 per diem) O TOTAL o° i~ e~F : ~ ~, 3~0 " , %8.so ~~ l~{•00 " 0~~.00 " ~ 1,~8~. 8(0 - P~ AT1~/ $a.oo 1Dve ~o Note: Please attach description of property. PHS # 194718 cd~ rora7~t~ IZ ~ -2Y~~/80 NO.: CIVII.-09-174 CUMBERLAND COUNTY c~ ;~ ~ a ~ ~~ __.. ~ ~~ ~ --~ rn ~ ~ $298.693.67 ~ ~ ~ ? , .~-~ =~ ~• ~-, 334.00 ~~ $ 36 ~,d c~ -~ - °~ , =~' i_ ~ ~ f. $335,027.67 __-._- ttorney for Plaintiff 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 .Romano, Esq., Id. No. 58745 ^ Sh 1 R. Shah-Jani, Esq., Id. No. 81760 ^ J e R Davey, Esq., Id. No. 87077 wren 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 '~ O H U O z 0 z W H ~"~ ~I ~f o o ~ ~~ ~ o~ ~ 0 O O O ;Z,' F p ~~ ~ ~~ xa ~~ N ~U ~ ~ W t7 W ~~~ 'O N 3N~ vJ~'A ~~ 0 W O °a' ~/ w~ ~~ v b ~ ~, ~ ~° ~~ o ~, Ah ~ wa`~ `~ ~aQ, xa wa w ~ w C 7 C7 ~ i N r~ "" Q 3 3wz to Cv~v `"'~a how h ~ ~ Nr Q ti ~ ~ ~ ~O ~ a N N ~'~ pip tQp `~ ~ Mbb ~~ OO~M M '~~~ O n OMO p,, ~ G7 eo ^ ", ,,,., d, v . Z Z ~ ~ Z .~ o. Z z~v gg~ aE"'xv~ ova ~H ~ ~; ~~p••~~4 x a U „~,~ ~~ a`~~°~ 3~~~ ~U aa3w4 ~~`~~ ~ ~ -~a~, ~ o 0 ~. DOQD '~ > ~ ti v ,, ~ .~ DD ©DODpOODD ti v~ • '~_. LEGAL DESCRIPTION ALL that certain tract of land situate in Southhampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 307 at line of land of Frank Fogelsanger and John A. Myers and Helen Willis Myers, his wife, Grantors herein; thence along the said Fogelsanger land North thirty-nine (39) degrees two (2) minutes forty (40) seconds East, four hundred ninety-one and forty- seven hundredths (491.47) feet to a stake at other land of John A. Myers and Helen Willis Myers, his wife, Grantors herein; thence by the same South forty-one (41) degrees fifty-six (56) minutes twenty (20) seconds East, six hundred seventy-five and seventy hundredths (675.70) feet to a stake; thence by the same South fitly (50) degrees one (1) minute West, six hundred fifty-nine and nine hundredths (659.09) feet to a spike in the center of the aforesaid public road; thence along the center of the aforesaid public road North twenty-five (25) degrees nine (9) minutes twenty (20) seconds West, six hundred (600) feet to a spike in the said public road, the place of BEGINNING. CONTAINING 8.154 acres. Pursuant to survey of Thomas A. Neff, R.S., dated July 29, 1965. Less and Except: All that certain tract or parcel of land situate in the Township of Southhampton, Cumberland County, Pennsylvania, more fully bounded and described as follows, to wit: BEGINNING at a railroad spike in the centerline of Fogelsonger Road (Township Route 307) at corner of Lot No. 2 on subdivision plan of James W. and Jane M. Zullinger, Grantors herein; thence by the cernterline of said Township Road, North 25 degrees 9 minute 20 seconds West, 200.00 feet to a nail at corner of lands now or formerly of Frank Fogelsonger; thence by lands of Fogelsonger, North 39 degrees 2 minutes 40 seconds East, 491.47 feet to an iron pin; thence by lands now or formerly of Albert Freemon, South 41 degrees 56 minutes 20 seconds East, 300.00 Feet to an iron pin at line of lands now or Formerly of 3ames W. and Jane M. Zullinger, Grantors herein; thence by sold lands of Zullinger, South 51 degrees 22 minutes 48 seconds West, 544.05 feet to a railroad spike in the centerline of Fogelsonger Road, the place of BEGINNING. BEING Lot No. 1 on subdivision plan of James W. Zullinger and Jane M. Zullinger, his wife, dated December 16, 1985, approved Apri128, 1985 by the Board of Supervisors, Southapmton Township, Cumberland County, Pennsylvania, said plan being recorded in Plan Book 50, Page 15. CONTAINING 2,886 acres, subject, however, to aright-of--way dedicated for the future widening of Fogelsanger Road, containing 0.116 acres. Subject to restrictions, reservations, easements, covenants, oil, gas or mineral rights of record, if any. TITLE TO SAID PREMISES IS VESTED IN James W. Zullinger and Jane M. Zullinger, his wife, as tenants by the entireties, by Deed from John A. Myers and Helen Willis Myers, his wife, dated 08/26/1965, recorded 09/02/1965 in Book S-21, Page 417. PREMISES BEING: 105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257-9704 PARCEL NO.39-12-0318-032 P,~elan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff v. JAMES W. ZULLINGER JANE M. ZULLINGER Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL-09-174 CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties authorities. it ~>,. :~-~ ~.~ ~-- a-- ~` ~, ;~ a'~ ~ ~i ~ _....( ~..._ --- ~ ~~ . ~~. ~ ~. ~ c § 4904 relating to unsworn falsification to Phelan Hallinan & Schmieg,.14~P ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele~lvl. Bradford, Esq., Id. No. 69849 ^ Judi .Romano, Esq., Id. No. 58745 ^ S tal R. Shah-Jani, Esq., Id. No. 81760 enine 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 a E+~RST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff v. JAMES W. ZULLINGER JANE M. ZULLINGER Defendant(s) COURT OF COMMON PLEA5 CIVIL DIVISION NO.: CIVIL-09-174 CUMBERLAND COUNTY PHS # 194718 AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257-9704. Name and address of Owner(s) or reputed Owner(s): Name JAMES W. ZULLINGER JANE M. ZULLINGER 2. Name and address of Defendant(s) in the judgment: Name Address if address cannot be reasonabl ( Y ~ _,, ~ ~ `= ~,, ~~ ~ -~ ascertained, please so indicate) ,~ ~-, ~ ~ c~ ={- --~ ~ NGER ROAD ~~ ~~~ ~ ~ r'°° ~ -i ~ , : ~ 105 FOGELSA ,;~ ,~ ~ ° a SHIPPENSBURG, PA 17257-9704 ; = rv `: ' , 105 FOGELSANGER ROAD , ..~ ca -~~ ~ ~ ==~ . :.cw ~~ ~ ~` SHIPPENSBURG, PA 17257-9704 =°° c- c~ ~ ~-,~. .. -_.t Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MEMBERS 1sT FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 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. N 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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 at fals~~ements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsific tion to au orities. October 2010 sy: v A y for Plaintiff .~ Phelan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith .Romano, Esq., Id. No. 58745 ^ Sh 1 R. Shah-Jani, Esq., Id. No. 81760 nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST COURT OF COMMON PLEAS TENNESSEE BANK NATIONAL ASSOCIATION .., .. s.~ .~_ .~_~,_. ,._ , _,~,. _ _. .~_4... ...,.~. _ s ..~~~,y: ~:~~,a.~:~•~ . CIVIL DIVISIO Plaintiff NO.: CIVIL-09-174 vs. JAMES W. ZULLINGER CUMBERLAND COUNTY JANE M. ZULLINGER ~ ~; -`~~, Defendant(s) --~:~: ~ °-~ ~ ~.~~~~ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~, ~' "`~ ~ -; ~ rv ~' , TO: JAMES W. ZULLINGER ~ ~ :~ JANE M. ZULLINGER ~~ n _ ~ -~- c-~ 105 FOGELSANGER ROAD ~=' - °• ~ `~' SHIPPENSBURG, PA 17257-9704 ~` ~' -~ * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED.FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257-9704 is scheduled to be sold at the Sheriffs Sale on 03/02/2011 at 10:0(1 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $298,693.67 obtained by FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) .~- ..:~~ 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out-the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the gives a deed to the buyer. At that time, the buyer may b: amount due is paid to the Sheriff and the Sheriff Legal proceedings to evict you. 6. You may be entitled to a shaze of the money which wa: distribution of the money bid for your house will be preps the sale. The schedule shall be kept on file with the sherif office. This schedule will state who will be receiving that with this schedule unless exceptions (reasons why the prod within ten (10) days after the filing of the proposed schedi 7. You may also have other rights and defenses, or ways after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TO FIND OUT WHERE YOU CAN GET LEGAL HE paid for your house. A proposed schedule of ~d by the Sheriff not later than thirty (30) days after and will be made available for inspection in his noney. The money will be paid out in accordance used distribution is wrong) are filed with the Sheriff getting your home back, if you act immediately AT ONCE. IF YOU DO NOT HAVE A ;PHONE THE OFFICE LISTED BELOW CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUN Y COURTHOUSE 2 LIBERTY VENUE CARLISLE, P 17013 (717) 249- 166 (800) 990- 108 ,.,..._~~ .,. ~_..". ,'n:^w„h'+; :*x~~iK;,rv aM*7. R~«... ~..,. _.._ ..,,*.-.. ,., .. _.. ..~'7^*~VZi~w ..n-w,,. ,* ~/s~~~'~2k'rNe ,,... - "` `^v ..~+N~.-~•.:.... .. .. .,,. .. LEGAL DESCRIPTION ALL that certain tract of land situate in Southhampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 307 at line of land of Frank Fogelsanger and John A. Myers and Helen Willis Myers, his wife, Grantors herein; thence along the said Fogelsanger land North thirty-nine (39) degrees two (2) minutes forty (40) seconds East, four hundred ninety-one and forty- seven hundredths (491.47) feet to a stake at other land of John A. Myers and Helen Willis Myers, his wife, Grantors herein; thence by the same South forty-one (41) degrees fifty-six (56) minutes twenty (20) seconds East, six hundred seventy-five and seventy hundredths (675.70) feet to a stake; thence by the same South fifty (50} degrees one (1) minute West, six hundred fifty-nine and nine hundredths (659.09) feet to a spike in the center of the aforesaid public road; thence along the center of the aforesaid public road North twenty-five (25) degrees nine (9) minutes twenty (20) seconds West, six hundred (600) feet to a spike in the said public road, the place of BEGINNING. CONTAINING 8.154 acres. Pursuant to survey of Thomas A. Neil, R.S., dated July 29, 1965. Less and Except: All that certain tract or pazcel of land situate in the Township of Southhampton, Cumberland County, Pennsylvania, more fully bounded and described as follows, to wit: BEGINNING at a railroad spike in the centerline of Fogelsonger Road (Township Route 307) at corner of Lot No. 2 on subdivision plan of James W. and Jane M. Zullinger, Grantors herein; thence by the cernterline of said Township Road, North 25 degrees 9 minute 20 seconds West, 200.00 feet to a nail at corner of lands now or formerly of Frank Fogelsonger; thence by lands of Fogelsonger, North 39 degrees 2 minutes 40 seconds East, 491.47 feet to an iron pin; thence by lands now or formerly of Albert Freemon, South 41 degrees 56 minutes 20 seconds East, 300.00 Feet to an iron pin at line of lands now or Formerly of James W. and Jane M. Zullinger, Grantors herein; thence by sold lands of Zullinger, South 51 degrees 22 minutes 48 seconds West, 544.05 feet to a railroad spike in the centerline of Fogelsonger Road, the place of BEGINNING. BEING Lot No. 1 on subdivision plan of James W. Zullinger and Jane M. Zullinger, his wife, dated December 16, 1985, approved April 28, 1985 by the Board of Supervisors, Southapmton Township, Cumberland County, Pennsylvania, said plan being recorded in Plan Book 50, Page 15. CONTAINING 2,886 acres, subject, however, to aright-of--way dedicated for the future widening of Fogelsanger Road, containing 0.116 acres. Subject to restrictions, reservations, easements, covenants, oil, gas or mineral rights of record, if any. TITLE TO SAID PREMISES IS VESTED IN James W. Zullinger and Jane M. Zullinger, his wife, as tenants by the entireties, by Deed from John A. Myers and Helen Willis Myers, his wife, dated 08/26/1965, recorded 09/02/1965 in Book 5-21, Page 417. PREMISES BEING: 105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257-9704 PARCEL NO.39-12-0318-032 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-174 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOANS, Division of FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From JAMES W. ZULLINGER and JANE M. ZULLINGER (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 $298,693.67 L.L. Interest from 2!21/09 to Date of Sale ($49.10 per diem) -- $36,334.00 Atty's Comm % Due Prothy $2.00 Atty Paid $1,484.86 Other Costs Plaintiff Paid Date: 10/12/10 David D. Buell, rothonotary (Seal) By: ..... ~' ~ ~ ~ Deputy 'REQUESTING PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 93337 PLAINTIFF FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION DEFENDANT JAMES W. ZULLINGER JANE M. ZULLINGER SERVE JANE M. ZULLINGER AT: 105 FOGEISANGER ROAD SHIPPENSBURG, PA 17257-9704 PHS # 194718 SERVICE TEAM/ late COURT NO.: CIVIL-09-174 TYPE OF ACTION XX Notice of Sheritl's Sale SALE DATE: 03102/2011 2 C rC© ? y,? a CD - r-^t N SERVED Served and made known to J M. CLINGER , Defendant on theCL day of NO&OfMBfaR 20 1Q, at q: , o'clock,. M., at 1 A S- S /E Q0#6 . in the manner described below: Defendant personally served. 1514-1 P PC#,s Rae, k, 1V Adult family member with whom Defendant(s) reside(s). Relationship is _Ru $ & D Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _ Other: Description: Age?p bs Height 5'16 Weight 10 Race W Sex M Other I, CQAA-La tW `L , a competent adult, being duly sworn according to law. depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. 0 `t7 r "R7 Q? Q ?n Sworn to and subscribed before me this Sf?- day of A/Qu V20 KIMBERLY CU M N NOTARY PUBLIC NOT SERVED STATE OF NEW 1BRSEY e 20_, at - o'clock _. M., Defendant NOT FOUND becau : MY COMMISSION EXPIRES MARCH 7, 2013 _ Vacant Not Exist _ Moved _ Does Not Reside (Not Vacan _ No Answer on at at _ Service Refused Other: Sworn to and subscribed before me this day of -70=. By: Notary: AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY ATTORNEY FOR PLAINTIFF IAWr T. Pbelim Feq, W. N. 32227 Francis S. Fla6non, Fsq.. Id. Na 62695 Daniel G. Sdmdep Eat.. W. Na 62285 Michele NI. Bradford. Esq., W. N. 69849 Jodith T. Ra w rah Fsq. W. No. 98745 Bach! R Sb/Waai, Evil, It Na 81760 Jadne R. Davey. Eq.. Id. Na. WOr Iaam R. Tab.. Esq.. Id. Na. 93337 Vhek Sdsaslava Esq., W. Na. 2-7331 Jay L Joaes. Esq, td Na 56657 Peter 1. Mokshy. Esq- W. Ne. 61791 Andrew L SPivada. Fsq., W. Nm 83439 Jahm Mdwiaeem Fsq- W. Nu 90134 Chaisavalmare P. Flsakus. Feq, W. Na 94620 Ja* m L Gelthow Esq- Id Na 285847 Cuurteway W Dona. Ewl.. Id. Na 206779 Andrew C. Brambhat,Ey?_ W. No. 288375 Owe Peam Center at Saiwebon Station 1617 Jolty F. Kenn* Blvd., Suke 1488 JWh-k-*bri PA 191031814 (215) 5637880 G ? t t7CI Z't?7 rn AFFIDAVIT OF SERVICE (FHLMC) ""c - PLAINTIFF CUMBERLAND COUNTY FIRST HORIZON HOME LOANS, A DIVISION OF FIRST t3 TENNESSEE BANK NATIONAL ASSOCIATION PHS # 194718 ? DEFENDANT SERVICE TEAM/ kxc a? t3-s JAMES W. ZULLINGER ULLINGER COURT NO.: CIVIL-09-174 ZC) C ... 2:- C.) rn JANE M. Z SERVE JAMES W. ZULLINGER AT: TYPE OF AMON 105 FOGELSANGER ROAD XX Notice of Sheriffs Sale SHIPPENSBURG, PA 17251-9704 SALE DATE: 03/02/2011 SERVED Served and made known to JAMS W. ZULLINGER , Defendant on the t??! day of Nd W&H BF,/t20 (D , at S'• U, o'clock _. M., at 1 fi in the manner described below: ho4 PA 4p [Defendant personally served. Wi j?F4US&*& , PA-, _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _ Other: Description: Age _A,?_ Height 5 CIA '-Weight 2- 10 Race W Sex A Other I, ri6'iJ-LIB IVWL L a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sub ribed before me this_ IjJU day KIMBERLY CURTY of N6 u , 20? Ni)TARY PUBLIC STATE OF NEW RMY Not y' ?!T YERVIii) F Y COMMISSION EXPIRES MARCH 7,1013 On ,20- at i o'clock _. M., Defendant NOT FOUND becaus. Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at _ Service Refused Other: Sworn to and subscribed before me this day of - By: Notary: ATTORNEY FOR PLALNTIFF Law, T. Pheba Fay., Id. Nu. 3117 Fraueh S. HANA.M Faq., W. Na G"S nadel G. Sc MkZ Evq.. W. Na 622A5 Mkhle M. Bndrord. &q. I& Na MB0 Judlah T. Romaaa. Esq. Id. No. 58745 Sheearl R. Sh h-Jawi, £aq., W. No. 81769 Jeahw R. Dawey, Fay.. Id. No.67077 Lour R. TAWL Faq,. Id. Nu. 9-1337 3yvA Srivastava, Fay., Id. Nu. 2023-11 Jav B. J-, D.I. W. N. 86657 Peter J. Maknhy. Esq., Id. Na. 61791 Aulrsx L. Sphaek, E.I. W. Nu. 8439 Jaime WGuhuev. Esq. Id. No. 9U1.14 Chshavahada P. FB." Faq.. Id. Nu. 94620 Jddw 1. G-M-4 Fay_ W. N. 2MW7 Co M.4 kv R. Moon, Fay. hL N. IM779 Andrew C. atarobktL Esy hL No. 20&375 One Peel Ceder at Suburban Swim 1617 John F. Kennedy BIW, sack 1010 PhihldclPW P4 19103-1814 (215)563.7000 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. JAMES W. ZULLINGER JANE M. ZULLINGER Defendants ATTORNEY FOR PLAINTIFF W ? > C:) Y ? rQ ' rry r l n µ-? 77 ?FZI Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-174 PLAINTIFF'S MOTION TO REASSESS DAMAGES 194718 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 January 14, 2009. 2. Judgment was entered on February 26, 2009 in the amount of $298,693.67. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 2, 2011. 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 Interest Through March 2, 2011 Per Diem $50.93 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 $285,996.73 $47,255.34 $0.00 $1,325.00 $1,125.50 $1,282.36 $0.00 $0.00 $0.00 $0.00 ($0.00) $2,724.54 194718 TOTAL $339,709.47 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. 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 December 14, 2010 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 "B". 10. No judge has previously entered a ruling in this case. 194718 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: dk l0 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. 1'abas, 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 ? Allison F. Wells, Esq., Id. No. 30951.9 ATTORNEY FOR PLAINTIFF 194719 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff CUMBERLAND County V. No.: CIVIL-09-174 JAMES W. ZULLINGER JANE M. ZULLINGER Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 194718 I. BACKGROUND OF CASE JAMES W. ZULLINGER and JANE M. ZULLINGER 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 105 FOGELSANGER ROAD, SHIPPENSBUR_G, PA 17257-9704. 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 194718 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 Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A_2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Ila. 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 194718 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 mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s 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 194718 to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville 194718 Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 194718 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 194718 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: 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 ? Allison F. Wells, Esq., Id. No. 30951.9 Attorney for Plaintiff 194718 Exhibit "A" 194718 Phelan Hallinan & Schmieg, LLP By. Daniel G. Schmieg, Esquire Identifi6an6nN6 62205 ??? r1 ? R r ? ? a ,. xati Fs 4 r 1b17JEK Boulevard;Suite 1400 a..,. One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PLEASE RETURN Attorney for Plaintiff FIRST HORIZON HOME LOANS, A CUMBERLAND COUNTY DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS VS. CIVIL DIVISION JAMES W. ZULLINGER No. CAVIL-09-174 r JANE M. ZULLINGER v 105 FOGELSANGER ROAD t w , - SHIPPENSBURG, PA 17257-9704 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND. ASSESSMENT" OF DAMAGES _ ... , . _? r ? . . TO THE PROTHONOTARY: ?s ITTQFiNEY F1LE DOPY PLEASE RETURN Kindly enter judgment in favor of the Plaintiff and against JAMES W. ZULLINGER, and JANE M. ZULLINGER, 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 $296,707.40 Interest - 01/13/2009 to 02/20/2009 $1,986.27 TOTAL $298,693.67 I hereby certify that (1) the addresses of the Defendants are as shown above, and (2) that notice has been given in accordance with Rule 237.1, co a shed. Daniel G. chmieg, q re 7TORNEY FILE COPY Attorney for Plainti PLEASE RETURN .? DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: .? D PHS # 194718 PRO PROTHY Exhibit "B" 194718 0 0 a? L1. ? .Wa W o Z ? U V W ? U 0 ? a ao C ? ? y C 15 E^o?n zdo D. c O ? U v O N v A Z O l6 l 3000 &Z VJ08 .10311t1 O C C N U . VI _ 01OZ 01034 95ZLLZO000 X A Wl ZO 09Z' ?0 F .o 531V.o9 h3Nlld ?! 7 c a G o 0 ?1SOd S31'd1 N N L_ ? ? ro 3 ? v T ? U T 0D !'? _ o v = A ? ? tS 41 U ? ? ? n. ? eu X v ? Ct7 ? ?? vo A N V ? j G F N ..? U v 0 t3 V w O ?- 'O V .D O ? v O ? C ? A v a - c ° ' ' o v ui c E_ ? o F rh ? _ > ?p G O w = C - VJ W ---AA O G?H? W c _ w z v a a O a wo ? v C N y aG W C W ^r ti a j a w 3z p ? o W Cf. 00 z .,E Q a w ? o ? L ? ? N a ?l - N M In ?D [? 00 O? N M 1( v H . C}' 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 December 14, 2010 JAMES W. ZULLINGER JANE M. ZULLINGER 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 RE: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION v. JAMES W. ZULLINGER and JANE M. ZULLINGER Premises Address: 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. CIVIL-09-174 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 December 18, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. truly yours, awrende T.-Phelan, Esquire rancis S. Hallinan; Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquires Jenine R. Davey, Esquire Lauren R. Tabas, Esquire 194718 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 Allison F. Wells, Esquire Enclosure 194718 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 inan & Sclunieg, LLP DATE: (? 1 `Cc? 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 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 194718 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff CUMBERLAND County V. No.: CIVIL-09-174 JAMES W. ZULLINGER JANE M. ZULLINGER Defendants CERTIFICATION OF SERVICE 194718 I hereby certify that true and correct copies of Plaintiffs Motion to Reassess I)amages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JAMES W. ZULLINGER JANE M. ZULLINGER 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 Phelan Hallinan & Schmieg, LLP DATE: 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 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 194718 FIRST HORIZON HOME LOANS, IN THE COURT OF COMMON PLEAS OF A DIVISION OF FIRST TENNESSEE CUMBERLAND COUNTY, PENNSYLVANIA BANK NATIONAL ASSOCIATION, PLAINTIFF V. JAMES W. ZULLINGER, JANE M. ZULLINGER, DEFENDANTS NO. 09-174 CIVIL ORDER OF COURT n C N O C) MM CD =M r /J ?'i C-) M- fr??- -VTtT q ''^^r- -<> N ?'I A COIF ?M z o z --- ores ? n AND NOW, this 27th day of December, 2010, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before January 17, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file 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, Jaime McGuinness, Esquire Attorney for Plaintiff /James W. Zullinger Jane M. Zullinger d? Defendants r? oe9 1, bas 1a?131,0 _„Q - N?kt ?-a M. L. Ebert, Jr., J. J .. FIL?O-ED OF THE PROTHONOTARY 2011141-S AN 10:42 CUMBERLAND COUNTY PENNSYLVANIA 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff CUMBERLAND County V. No.: CIVIL-09-174 JAMES W. ZULLINGER JANE M. ZULLINGER Defendants CERTIFICATION OF SERVICE 194718 J • A. I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 17, 2011 was sent to the following individuals on the date indicated below. JAMES W. ZULLINGER JANE M. ZULLINGER 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 Phel Hallinan & Schmieg, LLP DATE: By: .. .. ? LaWeT. ,Esq., Id. No. 32227 ? F cis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos,'Esq., Id.. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 194718 FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 20 AM 10: 09 CUMBERLAND COUNTY PENNSYLVANIA 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff CUMBERLAND County V. No.: CIVIL-09-174 JAMES W. ZULLINGER JANE M. ZULLINGER Defendants MOTION TO MAKE RULE ABSOLUTE 194718 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on December 22, 2010. 3. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on December 14, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiff's letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit "A". 4. A Rule was issued by the Honorable M.L. Ebert, Jr. on or about December 27, 2010 directing the Defendants 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 "B". 5. The Rule to Show Cause was timely served upon all parties on January 4, 2011, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "C". 6. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 17, 2011. 194718 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmie , LLP DATE: By: Ej-ta-w-rence T elan, 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 ison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 194718 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff CUMBERLAND County V. No.: CIVIL-09-174 JAMES W. ZULLINGER JANE M. ZULLINGER Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 194718 A Motion to Reassess Damages was filed with the Court on December 22, 2010. A Rule was entered by the Court on or about December27, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 4, 2011 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 17, 2011. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett , Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmiea, LLP 194718 Exhibit "A" 194718 C) ,It i Q N a W O v? V) o « 48 ? O iO .aa y U •? d 0. a0 d Q b° ?g 4 ?, gv J? O . J N C d u ? 3 G ? c u?j X e au y -.O ? ro O u r a y ? ? a,o W ? r$v `o G C. ?' 7 N ?, w E <n ti VI d A ? U ? 1 0 ? y V ^I 4 W C V a p a N ? z ? W Q u ? p a ?+ r `? e '? w Q? ? O + a r ' ' v1 a ¢ ? . Z a L y tJ ,6 o ?' c 3 z ?r 0. A N P W w - - •-• ?..? ^^ N cn et ? ?D C-? Oo CT ? •- • ? • ?r 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 December 14, 2010 JAMES W. ZULLINGER JANE M. ZULLINGER 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 RE: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION v. JAMES W. ZULLINGER and JANE M. ZULLINGER Premises Address: 105 FOGELSANGER ROAD SHIPPENSBUR.G, PA 17257 CUMBERLAND County CCP, No. CIVIL-09-174 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 2083(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 18, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. truly yours, ?awrencreT.-Phelan, Esquire/ rancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquii Jenne 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. Pliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Enclosure Exhibit "B" 194718 FIRST HORIZON HOME LOANS, IN THE COURT OF COMMON PLEAS OF A DIVISION OF FIRST TENNESSEE CUMBERLAND COUNTY, PENNSYLVANIA BANK NATIONAL ASSOCIATION, PLAINTIFF V. JAMES W. ZULLINGER, JANE M. ZULLINGER, DEFENDANTS NO. 09-174 CIVIL ORDER OF COURT AND NOW, this 27th day of December, 2010, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before January 17, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file 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, Jaime McGuinness, Esquire Attorney for Plaintiff James W. Zullinger Jane M. Zullinger Defendants M. L. Ebert, Jr., J. bas Exhibit "C" 194718 l?F THE PRA HOMO TAPy Jr. ?'0! 4 (?U?E1ty.F?i r,. rf t' ' Ftif`v }f tt r1ri ?UNTY 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. Nb. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. N6:61791 Andrew L. Spivack, Esq., Id. No.' 84439 Jaithe McGuinness, Esq., Id. No. 90134 Chrisuvalante P. Flakos, Esq., Id. No. 9. . Joshua J. Goldman; Esq., Id. Na, 205017 Courtenay R. Dunn, Esq., Id. No. 206779 Apdrew C. Bramblett, Esq.,,Id. No: 208375 Allison F. Wells, Esq., Id. No.•309519 ; 1617 JFK Boulevard, Suite 1400 One Penn Centex Plaza Philadelphia, PA 19'1.03 215-563-7000. ' FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil DivisitQrl Plaintiff or v, JAMES W. ZULLINGER JANE M. ZULLINGER Defendants 1=ounty MO.: CIVIL-09-174 CERTIFICATION OF SERVICE 194718 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 17, 2011 was sent to the following individuals on the date indicated below. JAMES W. ZULLING R ? JANI M. ZI TLLTNY,I:IZ 1051'OG LSANGEl SI1IPI'I-',NSI3UR( -9714 Ph el Hallman & Schmieg; LLP DATE. By. L,a nce T. he , Esq., Id. No. 32227 F ncis S.,Hallinan, Esq., Id. No. 62695 atticl G.° Schmieg, Esq., Id. No. 62205 Michele M. Bradford; Esq., Id. No. 69849 D Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jan, Esq., Id. No. 81760 ? Jenine ..-Davey, Esq., Id. No. 87077 ?[J LauTen R. Tabas, Esq., Id: No. 93337 ? VIiyyk Srivastava, Esq., Id. No. 202331 ?{a hones, Esq., U .No. 86,657 E?]eter J, Mulcahy, Esq., Id. No. 61791 [ Andrew L. Spivack, Esq., Id. No. 84439 El Jaime McGuinness; Esq., Id. No. 90134 Chrisovalante P. Fliakos; Esq:, Id., No. 94620. Joshua 1. Goldman, Esq., Id. No. 205047 C'ourtuMly ft. I7uiiii 'sq.. Id, No, 1-06770 Andrew C'. llramhleit, i:sy., Id. No. '?Ut 75 Q Allison F. Wells; Esq., Id. No. 309519€. AYFORNEY FOR I'UVINTIT••I? Nt' 194718 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 unworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: 1 ence T. PJ;xan, 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 liison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 194718 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff CUMBERLAND County V. No.: CIVIL-09-174 JAMES W. ZULLINGER JANE M. ZULLINGER Defendants CERTIFICATION OF SERVICE 194718 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. JAMES W. ZULLINGER JANE M. ZULLINGER 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 DATE: It I B U Lawrenc&-l-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 ? udrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF Phelan Hallinan & -SchmiRw, LLP 194718 21 FILED-OFFICE Or" THE PROTHONOTARY 2011 JN 24 AN 11: 04 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff V. JAMES W. ZULLINGER JANE M. ZULLINGER Defendants CUMBERLAND County No.: CIVIL-09-174 A ORDER AND NOW, this 1%? day of ?O VV . , 2011, upon consideration of Plaintiffs 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 $285,996.73 Interest Through March 2, 2011 $47,255.34 Per Diem $50.93 Late Charges $0.00 Legal fees $1,325.00 Cost of Suit and Title $1,125.50 Sheriffs Sale Costs $1,282.36 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 194718 Mortgage Insurance Premium / Private Mortgage Insurance $0.00 Non Sufficient Funds Charge Suspense/Misc. Credits $0.00 Escrow Deficit ($0.00) $2,724.54 TOTAL $339,709.47 Plus interest from March 2, 2011 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. Allison F Wells, V s w. Zullln9ei- Jahe M. Zvllin9er ?D46 Copies *led < a4 /„ o9a 194718 194718 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION OF CUMBERLAND COUNTY FIRST TENNESSEE BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff, v JAMES W. ZULLINGER JANE M ZULLING CIVIL DIVISION No.: CIVIL-09-174 ER D f e endant(s) 41 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 1 "I co Z-6 te ? r . COMMONWEALTH OF PENNSYLVANIA ) r r=te OD v J ' PHILADELPHIA COUNTY ) SS: n ° ?• Z-7, b Qi As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienl?o rs•- ? n and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on'aclaof the persons or parties named, at that address, se forth he Affidavit and as amended if applicable. A copy of the Certificate of Mailing or 81 and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is a reto Exhibit "A". Date: / 1 A-ff Lawrence T. Phelan`, Esq., Id. No. 322"e ? 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 ? J me R. Davey, Esq., Id. No. 87077 auren 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 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 194718 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff v. JAMES W. ZULLINGER JANE M. ZULLINGER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL-09-174 CUMBERLAND COUNTY PHS # 194718 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257-9704. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JAMES W. ZULLINGER JANE M. ZULLINGER Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CitiBank (South Dakota) N.A. CITIBANK (SOUTH DAKOTA) N.A. C/O ROBERT J. KANE, ESQUIRE Capital One Bank USA, N.A. CAPITAL ONE BANK, USA, N.A. C/O JAMES C. WARMBRODT, ESQUIRE 701 East, 60th Street North Sioux Falls, SD 57117 ROUTE 502 BOX 5001 AVOCA, PA 18641 15000 Capital One Drive Richmond, VA 23238 436 SEVENTH AVE STE 1400 PITTSBURGH, PA 15219 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MEMBERS 1sT FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 MEMBERS 1sT FEDERAL CREDIT UNION 1100 SUPERIOR AVENUE STE. 200 C/O FIRST AMERICAN TITLE INSURANCE CLEVELAND, OH 44114 LENDERSADVANTAGE ATTN: FT1120 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. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE P.O. BOX 8486 TPL CASUALTY UNIT WILLOW OAK BUILDING ESTATE RECOVERY PROGRAM HARRISBURG, PA 17105-8486 I verify that the statements made in this affidavit are e d correct to the best of my personal knowledge or information and belief. I understand that fals s ements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification t a orities_ Januarv3j 2011 rh an H"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 ,_ mine R. Davey, Esq., Id. No. 87077 K 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 £ 0 l 6 G 3003 dlZ UUOal 03,h1VV LLOZ g Gz N V C KC C ao a? O a?bca r N ~ N y b z¢o ZNbf 9SZLLZb000 oti6'Zp $ w? z o S.INLU9 A)Nld C ? _„ ?Q? A ' H Gil 5?.a C? 5 ? ? ?Sad ?ldy j H ? H ? •? 6 _ eo w ?w v G,qu t+ e? ?s On 1.9 w r1 y+OG F w W O .-l pq d a z d i W ? ?°c N O v d Ew'' w y a w 6.Z CA 0 ° A a W a ? a a z ?z W?o> ? " w w ? a zA° Z F U x d wd??N ?a ? a aH wv Z?' ?a? d a °w ? as ? ??? c o wa>C ? AV "Ve °z? ?? ?A A a M ` ? wVvi? 3ozd zk0 ? p ?"°O? ?F?w v,?" ?, A3da o?? o0`3 a?--> `'O ? m? N 3 ? ? w "a''riQ z Uaa0.4?ox A3wa Ud..U U?v? UUa Ua VVa4d F N U # # # # o ? o? g 0 ?s i 3000drz woad 031 row OIOZSl1c0 SSZLLZOOOO ozs ZD $ VU z o cs! shoo i?nurr .`? g SO s ? . s N ?N O g 8 O ? p p h G V jj C ? ?O . N f A a Or M N L c O O P^ O Ica oyq q D d .Mr sV O ? .hr N w ? ,!y we .. a ?°. L ? r+ n?i ° P W ? v ? N b ? ?? ova e 't;0N ? 3 e s sx? v e o ? v ? ?°? g ?? v3? o e ?gg ti ? . z ? ad S i n F ? ? ? N M of m 1 0 Ft - -ft C4 z H Y 1 C F 4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?rY F: 1?II Jul- -S Phi 2: 12 CUMBERLAND Gj);,iNj-v + PENNS YLVANIA Jody S Smith Chief Deputy Richard W Stewart Solicitor First Horizon Home Loans Case Number V& James W Zullinger (et al.) 2009-174 SHERIFF'S RETURN OF SERVICE 01/05/2011 01:43 PM - Deputy Sheldon Marshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 105 Fogelsanger Road, Shippensburg, PA 17257, Cumberland County. 01/06/2011 03:50 PM - Deputy Tim Black, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Jane M Z.ullinger at 105 Fogelsanger Road, Southampton Twp, Shippensburg, PA 17257, Cumberland County. 01/06/2011 03:50 PM - Deputy Tim Black, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be JANE ZULLINGER, WIFE, whc accepted as "Adult Person in Charge" for James W Zullinger at 105 Fogelsanger Road, Southampton Twp, Shippensburg, PA 17257, Cumberland County. 02/15/2011 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011 04/06/2011 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/6/2011 07/01/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF= COST: $702.35 July 01, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 6 )° //' (? . ?(? --:? 1,e / Il e,,/ r FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. JAMES W. ZULLINGER JANE M. ZULLINGER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL-09-174 CUMBERLAND COUNTY PHS # 194718 AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257-9704. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JAMES W. ZULLINGER JANE M. ZULLINGER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MEMBERS 1" FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 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. a Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name TENANT/OCCUPANT Domestic Relations of Cumberland County Address (if address cannot be reasonably ascertained, please indicate) 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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 t at false t ements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsific4tion to aut orities. Octob_ ], 2010 L/ By: I 1? AA )U A y for Plaintiff 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 .Romano, Esq., Id. No. 58745 S ? h al R. Shah-Jani, Esq., Id. No. 81760 0 nine 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 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-174 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL. ASSOCIATION vs. JAMES W. ZULLINGER JANE M. ZULLINGER owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland County, Pennsylvania, being (Municipality) 105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257-9704 Parcel No. 39-12-0318-032 (Acreage or street address) ltnprovements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $298,693.67 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land situate in Southhampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 307 at line of land of Frank Fogelsanger and John A. Myers and Helen Willis Myers, his wife, Grantors herein; thence along the said Fogelsanger land North thirty-nine (39) degrees two (2) minutes forty (40) seconds East, four hundred ninety-one and forty- seven hundredths (491.47) feet to a stake at other land of John A. Myers and Helen Willis Myers, his wife, Grantors herein; thence by the same South forty-one (41) degrees fifty-six (56) minutes twenty (20) seconds East, six hundred seventy-five and seventy hundredths (675.70) feet to a stake; thence by the same South fifty (50) degrees one (1) minute West, six hundred fifty-nine and nine hundredths (659.09) feet to a spike in the center of the aforesaid public road; thence along the center of the aforesaid public road North twenty-five (25) degrees nine (9) minutes twenty (20) seconds West, six hundred (600) feet to a spike in the said public road, the place of BEGINNING. CONTAINING 8.154 acres. Pursuant to survey of Thomas A. Neff, R.S., dated July 29, 1965. Less and Except: All that certain tract or parcel of land situate in the Township of Southhampton, Cumberland County, Pennsylvania, more fully bounded and described as follows, to wit: BEGINNING at a railroad spike in the centerline of Fogelsonger Road (Township Route 307) at corner of Lot No. 2 on subdivision plan of James W. and Jane M. Zullinger, Grantors herein; thence by the cernterline of said Township Road, North 25 degrees 9 minute 20 seconds West, 200.00 feet to a nail at corner of lands now or formerly of Frank Fogelsonger; thence by lands of Fogelsonger, North 39 degrees 2 minutes 40 seconds East, 491.47 feet to an iron pin; thence by lands now or formerly of Albert Freemon, South 41 degrees 56 minutes 20 seconds East, 300.00 Feet to an iron pin at line of lands now or Formerly of James W. and Jane M. Zullinger, Grantors herein; thence by sold lands of Zullinger, South 51 degrees 22 minutes 48 seconds West, 544.05 feet to a railroad spike in the centerline of Fogelsonger Road, the place of BEGINNING. BEING Lot No. 1 on subdivision plan of James W. Zullinger and Jane M. Zullinger, his wife, dated December 16, 1985, approved April 28, 1985 by the Board of Supervisors, Southapmton Township, Cumberland County, Pennsylvania, said plan being recorded in Plan Book 50, Page 15. CONTAINING 2,886 acres, subject, however, to a right-of-way dedicated for the future widening of Fogelsanger Road, containing 0.116 acres. Subject to restrictions, reservations, easements, covenants, oil, gas or mineral rights of record, if any. TITLE TO SAID PREMISES IS VESTED IN James W. Zullinger and Jane M. Zullinger, his wife, as tenants by the entireties, by Deed from John A. Myers and Helen Willis Myers, his wife, dated 08/26/1965, recorded 09/02/1965 in Book S-21, Page 417. PREMISES BEING: 105 FOGELSANGER ROAD, SIUPPENSBURG, PA 17257-9704 PARCEL NO. 39-12-0318-032 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-174 Civil COUNTY OF CUMBERLAND) CIVIL: ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOANS, Division of FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From JAMES W. ZULLI1GER and JANE M. ZULLINGER ( I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (?) You are also directed to attach the property of the defendant(s) not levied upon in the possession 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. A mount Due $298,693.67 L.L. Interest from 2/21/09 to Date of Sale ($49.10 per diem) -- 536,334.00 Atty's Comm % Due Prothy $2.00 Atty Paid 51,484.86 Other Costs Plaintiff Paid Date: 10!12/10 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 TRUE COPY FROM RECORD M Testimony whereof, I here unto set my hand and the sea! of said Court at Carlisle, Pa. This ?da,a- - 2fl 1 LAO- (L. ztg?. pp?Protiwnotary Supreme Court ID No. 93337 On November 1". ?01 ) the :?heritflevied upon the defendant's interest in tltc real property situated in Southampton 'T'ownship, (timberland County, PA, Known and numbered as, 10 Fogelsan.ger Road, Shippensburg, Illorc tuilN described on Exhibit 'A" filed with this writ and by this reference incorporated heren; Date: November -12. '01(t s Deal 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 ,Iournal, 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, Vlz: January 28, February 4, and February 11, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland 1-aw Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L' a Marie Coyne, Ed* or SWORN TO AND SUBSCRIBED before me this 11 day of February 2011 / Notary r NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2009-174 Civil First Horizon Home Loans vs. James W Zullinger Janie M Zullinger Atty.: Daniel G. Schmieg By virtue of a Writ of Execution NO. CIVIL-09-174, FIRST HORI- ZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NA- TIONAL ASSOCIATION vs. JAMES W. ZULLINGER, JANE M. ZULLINGER owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland County, Pennsylvania, being 105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257-9704. Parcel No. 39-12-0318-032. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $298,693- .67. 67 ze `-'allriot-Dews Co. 2t.t20 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 71;'-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ?: ?e ?, a r?o , r 7ews 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technoloc y Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of Th ° Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in th,? City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1851., 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of thE? allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 2000-174 Civil Tenn 1/28/11 First Horizon Home Loans 2/4/11 Vs James W Zuuinger 2111111 Jane M Zullinger Atty: Daniel G Schmleg M By virtue of a Writ of Execution NO. .. - CIVIL-09.174 / FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE •._ _ Sworn to arld scribed before me ttx? 22 day of February, 2011 A.D. BANK NATIONAL ASSOCIATION vs. ? ` ? 1 ' ? JAMES W. ZULLINGER ?, _ ?--• ` + JANE M.ZULLINGER Notary Public owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland County, Pennsylvania, being (Municipality) 105 FOGELSANGER ROAD, tvi AON'WEALI J t)P PENNSYLVANIA c: SHIPPENSBURG, PA 17257-9704 C J Notarial Seal Parcel No. 39-12-0318-032 (Acreage or street address) Shente L Kisner, Notary Public improvements thereon: RESIDENTIAL Dau In County _ower Paxton Tvvp., Ph ? ni i§011 1501res Nov. 26, 2011 DWELLING JUDGMENT AMOUNT: $298,693.67 My Comr sr;n? ?,.nz;a. a??? ?s ^ciat:on at Notaries IN THE COURT OF COMMON PLEAS JUDICIAL DISTRICT CUMBERLAND COUNTY BRANCH, PENNSYLVANIA First Horizon Home Loans vs. James W. Zullinger Jane M.Zullinger Civil Division Case No: 2009-174 SUGGESTION OF BANKRUPTCY To Prothonotary: C-) 3 ? rn .rn r- F= -urn r-= ?° C 3 ? h C:) rr3 -I - CO _< Please note upon the record that James W. Zullinger and Jane L. Zullinger, a/k/a Jane M. Zullinger the defendants in the above-captioned action, filed a Voluntary Petition in Bankruptcy with the United States Bankruptcy Court for the Middle District of Pennsylvania at Harrisburg, PA, on, at July 1, 2011 at 12:11 o'clock P.M., which petition was docketed to 1-11-04744-RNO. PURSUANT TO THE PROVISIONS OF 11 U.S.C. §362(A), AN AUTOMATIC STAY IS IN EFFECT FOR ALL PROCEEDINGS INVOLVING THE ABOVE-NAMED DEFENDANTS. CERTIFICATE OF SERVICE I, Richard L. Bushman, Esquire, attorney for the above captioned defendant in the bankruptcy proceeding before the United States Bankruptcy Court for the Middle District of Pennsylvania, do hereby certify that on the date set forth below I served the within "Suggestion of Bankruptcy" by depositing a copy of the same in the United States Mail, postage prepaid, at Spring Run, Pennsylvania, addressed to the parties or attorney's of record as follows: First Horizon Home Loans First Horizon Loans Phelan, Hallinan & Schmieg, LLP 4000 Horizon Way PO Box 630664 1617 JFK Blvd., Ste. 1400 Irving, TX 75063 Irving, TX 75063 One Penn Center Plaza Philadephia, PA 19103 Date: July 5, 2011 G 1?(r I? Sf'?rYll?U - Richard L. Bushman, Esquire LT?L; 16767 Path Valley Road P.O. Box 51 Spring Run, PA 17262-0051 [717] 349-7657 USBC PAM - LIVE - VERSION 3.4 r United States Bankruptcy Court Middle District of Pennsylvania Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 7 of the United States Bankruptcy Code, entered on 07/01/2011 at 12:11 PM and filed on 07/01/2011. James W. Zullinger 105 Fogelsonger Rd Shippensburg, PA 17257 717-532-7122 SSN / ITIN: xxx-xx-8230 aka Jim William Zullinger Jane L. Zullinger 105 Fogelsonger Rd Shippensburg, PA 17257 717-532-7122 SSN / ITIN: xxx-xx-9257 aka Jane Louise Zullinger aka Jane M. Zullinger The case was filed by the debtor's attorney: Richard L. Bushman PO Box 51 16767 Path Valley Road Spring Run, PA 17262-0051 717 349-7657 The bankruptcy trustee is: Leon P. Haller (Trustee) Purcell, Krug and Haller 1719 North Front Street Harrisburg, PA 17102 717 234-4178 The case was assigned case number 1: 11 -bk-04744-RNO to Judge Robert N Opel. Page 1 of 2 In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available at our Internet home page http://ecfpamb.uscourts.gov/ or at the Clerk's Office, U.S. Bankruptcy Court, Ronald Reagan Federal Building, PO Box 908, Harrisburg, PA 17108. You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting https://ecf.pamb.uscourts.gov/cgi-bin/NoticeOfFiling.pi?213167 7/4/2011 B18 (Official Form 18) (02/09) vq_i7V UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade): James W. Zullinger aka Jim William Zullinger PO Box 265 Waxhaw, NC 28173 Jane L. Zullinger aka Jane Louise Zullinger, aka Jane M. Zullinger PO Box 265 Waxhaw, NC 28173 Chapter 7 Case No. 1: 11 -bk-04744-RNO Last four digits of Social-Security, Individual Taxpayer-Identification, Employer Tax-Identification No(s)(if any): xxx-xx-8230 xxx-xx-9257 DISCHARGE OF DEBTOR(S) It appearing that the debtor(s) is entitled to a discharge, IT IS ORDERED: t -<?- _ C:)` :rib C- 1. The debtor(s) is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). BY THE COURT Dated: October, 13, 2011 Honorable Robert N. Opel United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. This document is eleclronicahly signed and filed on the same date. Case 1:11-bk-04744-RNO Doc 19 Filed 10/13/11 Entered 10/13/11 01:00:36 Desc Ch 7 Discharge Page 1 of 2 B18 (Official Form 18) (02/09) Continued EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That arje Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debts That arg Not Discharged Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes; c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and J. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. Case 1:11-bk-04744-RNO Doc 19 Filed 10/13/11 Entered 10/13/11 01:00:36 Desc Ch 7 Discharge Page 2 of 2 Notice Recipients District/Off: 0314-1 User: admin Date Created: 10/13/2011 Case: 1:1 1-bk-04744-RNO Form ID: B18 Total: 33 Recipients of Notice of Electronic Filing: ust United States Trustee ustpregion03.ha.ecf@usdoj.gov tr Leone P. Haller (Trustee) Ihaller@pkh.com aty Bass and Associates PC ecf@bass-associates.com aty Richard L. Bushman beverly@innernet.net TOTAL:4 Recipients submitted to the BNC (Bankruptcy Noticing Center): db James W. Zullinger PO Box 265 Waxhaw, NC 28173 jdb Jane L. Zullinger PO Box 265 Waxhaw, NC 28173 cr HSBC Bank Nevada, N.A. Bass &Associates, P.C. 3936 E. Ft. Lowell Rd., Suite #200 Tucson, AZ 85712 cr Recovery Management Systems Corporation 25 SE 2nd Avenue, Suite 1 120 Miami, FL 33131 1605 3899120 BANK OF AMERICA PO BOX 1598 NORFOLK VA 23501 3899121 BARCLAYS BANK DELAWARE 125 S WEST STREET WILMINGTON DE 19801 3899122 BURTON NEIL &ASSOCIATES 1060 ANDREW DRIVE STE 170 WEST CHESTER, PA 19380 3899123 CALVARY PORTFOLIO SERVICES 7 SKYLINE DR STE 3 HAWTHORNE NY 10532 3899124 CAPITAL ONE PO BOX 85520 RICHMOND VA 23285 3899125 CAPITAL ONE BANK 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238 3899126 CITI PO BOX 6241 SIOUX FALLS SD 57117 3899127 CITIBANK 701 EAST 60TH ST NORTH SIOUX FALLS, SD 57117 3899128 CREDIT ONE BANK PO BOX 98875 LAS VEGAS NV 89193 3957252 Capital Recovery IV LLC Attn: Ramesh Singh Recovery Management Sys Corp 25 SE 2nd Avenue, Suite 1120 Miami, FL 33131-1605 3899129 ELAN FINANCIAL SERVICE PO BOX 790084 SAINT LOUIS, MO 63179 3899132 HSBC BANK PO BOX 5253 CAROL STREAM IL 60197 3916358 HSBC Bank Nevada, N.A. Bass &Associates, P.C. 3936 E. Ft. Lowell Road, Suite #200 Tucson, AZ 85712 3899133 HSBC/BOSCOV PO BOX 4274 READING PA 19606 3899119 JAMES W ZULLINGER JANE L ZULLINGER 105 FOGELSANGER RD SHIPPENSBURG, PA 17257 3899134 MCYDSNB 9111 DUKE BLVD MASON OH 45040 3899135 MEMBER'S FIRST FEDERAL CREDIT UNION 5000 LOUISE DR MECHANICSBURG, PA 17055 3899130 Natiohstar Mortgage LLC Attn: Customer Service 350 Highland Drive Lewisville, TX 75067 3899136 ORR$TOWN BANK PO BOX 250 SHIPPENSBURG, PA 17257 3899137 PHELAN HALLINAN &SCHMIEG LLP 1617 JFK BLVD STE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 3956958 Recovery Management Systems Corporation 25 S.E. 2nd Avenue, Suite 1120 Miami, FL 33131-1605 3899138 UNIFUND 10625 TECHWOODS CIRCLE CINCINNATI OH 45242 3899139 VIVAN F COY TAX COLLECTOR 200 AIRPORT RD SHIPPENSBURG, PA 17257 3899140 WEBbANK/DFS 1 DELL WAY ROUND ROCK TX 78682 3899141 WELTMAN WEINBERG &REIS 436 SEVENTH AVE 1400 KOPPERS BLDNG PITTSBURGH, PA 15219 TOTAL: 29 Case 1:11-bk-04744-RNO Doc 19-1 Filed 10/13/11 Entered 10/13/11 01:00:36 Desc Ch 7 Discharge: Notice Recipients Page 1 of 1 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. JAMES W. ZULLINGER JANE M. ZULLINGER COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff : NO.: CIVIL-09-174 CUMBERLAND COUNTY Defendant(s) PRAECIPE TO ENTER ORDER To the Prothonotary: Kindly enter the attached REASSESSMENT ORDER and AMEND THE JUDGMENT by Order in favor of the Plaintiff and against JAMES W. ZULLINGER and JANE M. ZULLINGER defendant(s). As Set Forth in the Order Ynelan Hallman & Schmieg, LLP Lauren R. Tabas, Esq., Id. No.93337 Attorney for Plaintiff 1 .? Ceti (C_ 1 f? 4LJI ?.T.. ..J i a ..y . r..1 ? 16. 5-c rd c# 1?R I(9 n ?a?bo?q IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION ; Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff CUMBERLAND County V, No.: CIVIL-09-174 JAMES W. ZULLINGER JANE M. ZULLINGER Defendants ORDER AND NOW, this (90 day of JO , 2011, upon consideration of Plaintiffs 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 Plaintiffs 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 March 2, 2011 Per Diem $50.93 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion $285,996.73 $47,255.34 $0.00 $1,325.00 $1,125.50 $1,282.36 $0.00 $0.00 194718 Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 $0.00 ($0.00) $2,724.54 $339,709.47 Plus interest from March 2, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. BY THE COURT J. 194718 194718 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 09-174 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOANS Plaintiff (s) From JAMES W. ZULLINGER JANE M. ZULLINGER (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: $339,709.47 L. L.: Interest from 03/03/2011 to Date of Sale ($55.84 per diem) - $30,879.52 Atty's Comm: Due Prothy: $2.25 Atty Paid: S2,232.21 Other Costs: Plaintiff Paid: Date: 6/1/2012 David D. Buell, Prothonota (Seal) 10 Deputy REQUESTING PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 93337 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE COURT OF COMMON PLEAS BANK NATIONAL ASSOCIATION Plaintiff CIVIL DIVISION v JAMES W. ZULLINGER JANE M. ZULLINGER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/03/2011 to Date of Sale ($55.84 per diem) TOTAL Note: Please attach description of property. PHS # 194718 q6. ©o c8p l, j 'R.2. 3 ?02. 35 ?4 ?y • 0° i6.5o -' l 2 ;32,. ? aloe Co. ? -? ? `76020 Wril NO.: CIVIL-09-174 CUMBERLAND COUNTY <m -17 $339,709.47 --- w;_` _.?.: C .. $30,879.52 ,. - c? $370,588.99 Phelan Hallinan & Schmieg, LLP Lauren R. Tabas, Esq., Id. No.93337 Attorney for Plaintiff z 0 H Q U O Q a z 0 H d z z ?a W W QOD W z w H h UD w w O z o o? ?a A az z Oa O OF wo x o? z W xa -o 0 > o 0 Q? ?1h wok o? ? C7?;¢ wx¢ z W °- C7 W °- az" zz? a`"i N?0.1 7J? 3 U'OW OrT w a . w b k., >E VI x w G,., zV) x ¢o COO ¢o 0 U W? aM O c a? wa H ?z 3w o(IJ ? ?WG •N ? W o ,? •?F o 'o I CO Q PHELAN HALLINAN & SCHMIEG, LLP Lauren R. Tabas, Esq., Id. No.93337 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza PI? Philadelphia, PA 19103 't f A" 215-563-7000 '''JPfBE +L AND FIRST HORIZON HOME LOANS, A DIVISION OF FIRST . TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. JAMES W. ZULLINGER JANE M. ZULLINGER Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL-09-174 CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa. B. 3943 This certification is made subject to the penalties of authorities. Pa./C.S)A. § 4904 relating to unswom falsification to B Welan Hallinan & Schi , LLP Lauren R. Tabas, Esq., Id. No.93337 Attorney for Plaintiff FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. JAMES W. ZULLINGER JANE M. ZULLINGER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL-09-174 PHS # 194718 CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257-9704. 1. Name and address of Owner(s) or reputed Owner(s): -) ^> Name Address (if address cannot be reasonably ascertained, please so indicate) c? - «w :Z;z? - T. JAMES W. ZULLINGER 105 FOGELSANGER ROAD _`? t? r SHIPPENSBURG, PA 17257-9704 zv JANE M. ZULLINGER 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CitiBank (South Dakota) N.A. CitiBank (South Dakota) N.A. C/O ROBERT J. KANE, ESQ. Capital One Bank USA, N.A. Capital One Bank USA, N.A. C/O JAME C. WARMBRODT, ESQ. 701 East 60th Street North Sioux Falls, SD 57117 ROUTE 502 BOX 5001 AVOCA, PA 18641 15000 Capital One Drive Richmond, VA 23238 Weltman, Weinberg & Reis, Co., L.P.A. 436 SEVENTH AVENUE, SUITE 1400 PITTSBURGH, PA 15219 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Members 1st Federal Credit Union 1100 SUPERIOR AVENUE, SUITE 200 C/O FIRST AMERICAN TITLE INSURANCE CLEVELAND, OH 44114 LENDERSADVANTAGE ATTN: FT1120 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) ADAMS ELECTRIC COOPERATIVE, INC. 153 NORTH STRATTON STREET GETTYSBURG, PA 17325 ADAMS ELECTRIC COOPERATIVE, INC. 1338 Biglerville Road P.O. Box 1055 Gettysburg, PA 17325-1055 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 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Domestic Relations of Cumberland County 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice 228 Walnut Street, Suite 220 U.S. Attorney for the Middle District of PA PO Box 11754 Federal Building Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are rttat d correct to the best of my personal knowledge or information and belief I understand that false ments herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifica on to orities. Date- d '' By: P`Kelan Hallinan & Schmieg`, LLP Lauren R. Tabas, Esq., Id. No.93337 Attorney for Plaintiff s FIRST HORIZON HOME LOANS, A DIVISION OF FIRST COURT OF COMMON PLEAS TENNESSEE BANK NATIONAL ASSOCIATION CIVIL DIVISION Plaintiff NO.: CIVIL-09-174 VS. JAMES W. ZULLINGER CUMBERLAND COUNTY JANE M. ZULLINGER Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ?? r TO: JAMES W. ZULLINGER. JANE M. ZULLINGER-- 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257-9704 is scheduled to be sold at the Sheriff's Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $339,709.47 obtained by FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain tract of land situate in Southhampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 307 at line of land of Frank Fogelsanger and John A. Myers and Helen Willis Myers, his wife, Grantors herein; thence along the said Fogelsanger land North thirty-nine (39) degrees two (2) minutes forty (40) seconds East, four hundred ninety-one and forty- seven hundredths (491.47) feet to a stake at other land of John A. Myers and Helen Willis Myers, his wife, Grantors herein; thence by the same South forty-one (41) degrees fifty-six (56) minutes twenty (20) seconds East, six hundred seventy-five and seventy hundredths (675.70) feet to a stake; thence by the same South fifty (50) degrees one (1) minute West, six hundred fifty-nine and nine hundredths (659.09) feet to a spike in the center of the aforesaid public road; thence along the center of the aforesaid public road North twenty-five (25) degrees nine (9) minutes twenty (20) seconds West, six hundred (600) feet to a spike in the said public road, the place of BEGINNING. CONTAINING 8.154 acres. Pursuant to survey of Thomas A. Neff, R.S., dated July 29, 1965. Less and Except: All that certain tract or parcel of land situate in the Township of Southhampton, Cumberland County, Pennsylvania, more fully bounded and described as follows, to wit: BEGINNING at a railroad spike in the centerline of Fogelsonger Road (Township Route 307) at corner of Lot No. 2 on subdivision plan of James W. and Jane M. Zullinger, Grantors herein; thence by the cernterline of said Township Road, North 25 degrees 9 minute 20 seconds West, 200.00 feet to a nail at corner of lands now or formerly of Frank Fogelsonger; thence by lands of Fogelsonger, North 39 degrees 2 minutes 40 seconds East, 491.47 feet to an iron pin; thence by lands now or formerly of Albert Freemon, South 41 degrees 56 minutes 20 seconds East, 300.00 Feet to an iron pin at line of lands now or Formerly of James W. and Jane M. Zullinger, Grantors herein; thence by sold lands of Zullinger, South 51 degrees 22 minutes 48 seconds West, 544.06 feet to a railroad spike in the centerline of Fogelsonger Road, the place of BEGINNING. BEING Lot No. 1 on subdivision plan of James W. Zullinger and Jane M. Zullinger, his wife, dated December 16, 1985, approved April 28, 1985 by the Board of Supervisors, Southapmton Township, Cumberland County, Pennsylvania, said plan being recorded in Plan Book 50, Page 15. CONTAINING 2.886 acres, subject, however, to a right-of-way dedicated for the future widening of Fogelsanger Road, containing 0.116 acres. Subject to restrictions, reservations, easements, covenants, oil, gas or mineral rights of record, if any. TITLE TO SAID PREMISES VESTED IN James W. Zullinger and Jane M. Zullinger, his wife, as tenants by the entireties, by Deed from John A. Myers and Helen Willis Myers, his wife, dated 08/26/1965, recorded 09/02/1965 in Book S-21, Page 417. PREMISES BEING: 105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257-9704 PARCEL NO. 39-12-0318-032 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-174 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. JAMES W. ZULLINGER JANE M. ZULLINGER owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland County, Pennsylvania, being (Municipality) 105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257-9704 Parcel No. 39-12-0318-032 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $339,709.47 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land situate in Southhampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 307 at line of land of Frank Fogelsanger and John A. Myers and Helen Willis Myers, his wife, Grantors herein; thence along the said Fogelsanger land North thirty-nine (39) degrees two (2) minutes forty (40) seconds East, four hundred ninety-one and forty- seven hundredths (491.47) feet to a stake at other land of John A. Myers and Helen Willis Myers, his wife, Grantors herein; thence by the same South forty-one (41) degrees fifty-six (56) minutes twenty (20) seconds East, six hundred seventy-five and seventy hundredths (675.70) feet to a stake; thence by the same South fifty (50) degrees one (1) minute West, six hundred fifty-nine and nine hundredths (659.09) feet to a spike in the center of the aforesaid public road; thence along the center of the aforesaid public road North twenty-five (25) degrees nine (9) minutes twenty (20) seconds West, six hundred (600) feet to a spike in the said public road, the place of BEGINNING. CONTAINING 8.154 acres. Pursuant to survey of Thomas A. Neff, R.S., dated July 29, 1965. Less and Except: All that certain tract or parcel of land situate in the Township of Southhampton, Cumberland County, Pennsylvania, more fully bounded and described as follows, to wit: BEGINNING at a railroad spike in the centerline of Fogelsonger Road (Township Route 307) at corner of Lot No. 2 on subdivision plan of James W. and Jane M. Zullinger, Grantors herein; thence by the cernterline of said Township Road, North 25 degrees 9 minute 20 seconds West, 200.00 feet to a nail at corner of lands now or formerly of Frank Fogelsonger; thence by lands of Fogelsonger, North 39 degrees 2 minutes 40 seconds East, 491.47 feet to an iron pin; thence by lands now or formerly of Albert Freemon, South 41 degrees 56 minutes 20 seconds East, 300.00 Feet to an iron pin at line of lands now or Formerly of James W. and Jane M. Zullinger, Grantors herein; thence by sold lands of Zullinger, South 51 degrees 22 minutes 48 seconds West, 544.06 feet to a railroad spike in the centerline of Fogelsonger Road, the place of BEGINNING. BEING Lot No. 1 on subdivision plan of James W. Zullinger and Jane M. Zullinger, his wife, dated December 16, 1985, approved April 28, 1985 by the Board of Supervisors, Southapmton Township, Cumberland County, Pennsylvania, said plan being recorded in Plan Book 50, Page 15. CONTAINING 2.886 acres, subject, however, to a right-of-way dedicated for the future widening of Fogelsanger Road, containing 0.116 acres. Subject to restrictions, reservations, easements, covenants, oil, gas or mineral rights of record, if any. TITLE TO SAID PREMISES VESTED IN James W. Zullinger and Jane M. Zullinger, his wife, as tenants by the entireties, by Deed from John A. Myers and Helen Willis Myers, his wife, dated 08/26/1965, recorded 09/02/1965 in Book S-21, Page 417. PREMISES BEING: 105 FOGELSANGER ROAD, SIBPPENSBURG, PA 17257-9704 PARCEL NO. 39-12-0318-032 PLAINTIFF FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION DEFENDANT JAMES W. ZULLINGER JANE M ZULLINGER PHS # 194718 SERVICE TEAM/ Ixh COURT NO.: CIVIL-09-174 SERVE JAMES W. ZULLINGER AT: TYPE OF ACTION W 16729 COMMONS CREEK DRIVE XX Notice of Sheriffs Sale 5 t b SALE DATE S 2012 er , ep em : CHARLOTTE, NC 28277 Z? tly? SERVED rx 11CC Served and made known to JAMES W. ZULLINGER Defendant on the d0day of JJnQ 20 tae 1:00 , o'clock P. M., at (yChart ?Oni?a? in the manner described below: ?fendant personally served. _ Z Adult family member with whom Defendant(s) reside(s). - Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. r•.> c? na Ins C. t Other: Description: Age 69 _ Height -') -1. Weight 1-7.5- Race r* 1 Sex M Other G (4 55e `? I, .TEW MC C? a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of -,20-. Notary: By: NOT SERVED On the day of , 20_, at __ o'clock _. M., Defendant NOT FOUND because: Vacant Does Not Exist _ Moved - Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and subsprib day a before m this of 9- 20_. By: Notary1:, n ') Mtch OA ATTORNEY FOR PLAINTIFF RACHEL BRVANT ?o 'h C??t,'?ne Not3?r r0 Lul,`L .?' 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Dana B. Ostrovsky, Esq., Id. No. 83921 Zachary J. Jones, Esq., Id. No. 310721 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY SC4 Me (t r C S (:) -ri 2> -~-l:~i~-(l~- r Jwtr .~,, ~i~ ~'~O~t~bNUTAf~;' PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff L~ i 2 ~~~ (3 ~i~ (~; 4 4 ~'E.iI;1BERLAND COUNTY ~'ENNSYL NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION OF CUMBERLAND COUNTY FIRST TENNESSEE BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. No.: CIVIL-09-174 JAMES W. ZULLINGER JANE M. ZULLINGER Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each the persons or parties named, at that address, set forth on the Affidavit and as amended applicable. A copy of the Certificate of Mailing (Form 3817 and/or Certified Mail Retu~ Receipt stamped by the U.S. Postal Service is attached 13~e~F~~~ck~it "A" Date: --~~~~2 hael Kolesnik, Esquire for Plaintiff IMPORTANT NOTICE: This property is sol~'at the direction of the plaintiff. It may n 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 press at the sale. PHS # 194718 ~, n ~ ' ~' ~ --~--~ __ ~ ~ - _ _-, -- ~ -- _ _.__ _ ~ ~... ~ ~ w~ ~ ~ ~ ~ ~~ A W N ~ ~ N w . 1 ~~ rt a n o ~ __~ ~ ~ ...__ - .._ _....- _ ..-....___. ,_ _ ~ p N ~. ~ C9 N ~ o _ ~ ~ j . - If ~ _..-_.. _ ~ _- ~ ._ .~ vii 7 ~ ~~ ~ E! = ! ~ C ~ n. ~ ° a ~ x. ~. ,~ CD ~ I N- x ~ ~ M' ~F jjji ~F X- M~ ~ % ~ ~ x~ N- * ~ ~ ~ K X, % N ~ ~ 8• II ~ * I~ ~ C z 1 ~ ~ CS' _ __ . _ ____.._. I „, n . [n " p x ~'' e o o r. O ~ ~ ;'o O .i C ~; ~ .'L7 f~ '.il ~+ l~ 'm ~ .~. ~ „) _ , N-~ ~ - . . n z a ~ j.. i, m ~ ' Z~ 31+1°0^ non po.~. =p n .,, B s0 3 3 ., c ~ y _ 3, o o,o w,o Sp .~~_ m ~ ....:) ~ :? C CR7 n v~ p o :""w''~ss ' n+m n m ~ oo°'o ~ ~ '¢ 1 W~ ~ .. ~ v a ~ } w ~ o O ~ ~ ~ w d s ,n Z `~O'-v m s ~ ~ ~- w 3 . f 7 G 0 p n ~+ .. m ~~ r n x 3 J - S '~ • C Z a O u~ Q' Lb ~ .~ NN $ t~1 m O C 00 C .J S a ~."] 3 . C 7 a~ U,. ~9 ~ Y ~ ~ pp rl, ~~ a Z '0 'Sf a+ - ,. _.. ~- 2 ~ T9 -~-J O .~; o , ~ •,,, y ,,,~ ~ ., m -,~ n = a,~ m a~ n.TJa[e5 ~.~~ ~ o = x ~ ~,, ~ :~~~ .C ~ yC•-• A 7 ~ = ~ p~m p n- ra ~^ rid;? ohm O gy C ~ ~ p .s..o~~o x0'0 V1 V.'.'C C7 . ~ ~ ~ ~., -3' 'T7 .... T Ov i? ,. ^... T ~'-°~.. "'° m !70 C soon ~~~~c,,yroeo V_j . w. Oo `y,,,,c o~oro ~ = oc ~/ ~~ ?.~ vas :')-~' <m ~~ R1 W -~t~f ~m v.<r,-s~"'• r ~», ~-~ ~"m ~I ~ cam.:, _ n :r~ a°. ~p A = ~ ova < a w ° _ ~ w _ -,~ 3. W'9 e~ ~ ~~o~d~?,~x= ~a-„ a O , e ~ v 'm m stn ~ n~~ '` C;-~ n ~ na n?~- a ~ ~ - a ~ ~'- ro ' ^ xY ~ > -~~ in ' ~ .~. ~' .p<°' m o~ ;~O i ~ ~~n roy~ ~i o .,xC,` v' ~ n M,A '° dy<'' n~''`° x'~' y ~nm , ,3 ~~ ,,,~ a :vro~~:~n a, p, p "S D-r,,, .r. - -, n A ,~,.. [s1 J w _ N ~ oc w w f OD H O >• J~ x F+ m v C N r` ~ w ~ ~ ~ _ d a tD SSL' n R1 y ~ ; a ~ ~ ~ .' 11 C O, v ~ C7 ~~ C = .O .Ld' v O m N t` ~ r ~ a + 5 ~~A I S _ n ,l ~ C`, a ~ O N O ~ ~ ~ A .' ~' ~ ~ ~ C+7 ~ ~ ~ m ~ z _ Z ~ Z yvi =' Z .J N rJ O~ / W ~ C~ ~_... `' ViC C y C O O r A m a j ~ n. .- {~ n c v i,> [roil ".~ ~ J d „ „Z fi r~. p O m N "~ i '~ Y ~ .. j '~ m O "o r io k O ... ~ G7y~ c < < ~'" [Tf ~ d a n ~ '~ ~ ~ p m ~ ,~ ~' .'i9 t~ ? ~ % z C E v .r ~ ~ G ~ ~ o ° ~ ro ~ a ~ c ti = z X f7 m y ~ ~ ~ ~ ~ a ° ~ ~ o a Z ~ ~ ~ d Q, .-J ^ n 5 d N y ~; n ~~ R m ~ . I ~ y ~ to ~ . ro ~ o ~ n r n ~ 3 x ~O o n s ,,,~ °Q x ~ p n ~ . ~ ~, gy 3 , ,~ ~ < N m . n. 7 ~ 3 ~'' N t °' ° p a 0 ~ ,. ~° a ~ ~ a C rl Z a N =3~~ ~ ~ ~ ~, a ;~ ~~ d ~ ~ m ~d~~~ ~ a j ~] g g ~ ~ , y f ~. N: i, ~ N ~ ry ~ 3 Z ?. O n p 0 ^ A O a ~ n ° ^ 3 a ~~° a 3 ^ ~ ~. ~ 5 ~ ' n ~ n n i I `t'~ a ~ m 3 x v a' • ""1 d~,~ a o _ ~ 3 3 _ E. ~ n - ~ ~ ~ 3 ~ o _. o' o ~ `~ r r _ y. - n ~ ~ _._~ _ ~ .n O O R2s ~ E ,~+ vc ~ 'y R ~~ o~~ ~ ~ p1 w c ' 3 ~ g 4 ; o 3 m ~ . . n ~ n n ~+ a + n ~.._.,_ _ ~ ~ „~ ~ v 5- ~ ~ ~ 3 - . ~, . ... ao.'--.~ ~~ .. ~. V, ~ ~'~ ~ c " fn ~ y ro ~ ___ ~ ~ }~ ~~ _.__. ___ --- T-_-_ n. o ~ ~aw - ~- N~ rn' r cn a ~ , ~ . __, ~ a ~, a %- ~ cs x- x. w ~ z ~ -, -s ~ ~ o B w ~- ~' s~ x m ?' ~ eo a r m o ~, ~, , y a o v C ~ ~ ~• ° ~ ~ M ~ a u' C~ CO w R s ~~o= <=~ a~~~ o ~ ~ ~ (D Gr N < p `. N f1. ~ ~ Min F+ F y T ~ VJ /V ~ R ~ 'T ~ C C) ~ a ~ ~ y `: `D o ~ ~ ~ ~ c i y n ~ ~ ,Z . c 'D fi N .y r. ~ ~ ~ O O u ~ e l M ~ / ~ .y V A °~ r f lll [D io a H y w 9 ~ n N n w .~ o O A 4.aga N ~ ~ ~~ ~ "3 3'~ o ?o `* -^ o -n ~ ~ ~. ~ ... T n ~ in ~e o ~ ~;ccw ~' ra ''° ~'.. y. $ Q N _ W W o H p V C' l F 0 ' ~ N ~ O F y ~. o n o ~ M N n ~ ~ ffi d g C ~ ~ ~ ~ . ~ ^ N ~ ~ t T A i 1 t A o a ~ ` ~! . m d=~ -: 3 n ,~ H ~ Cl ~3~~ 3 ~. a F a a n p, ?'. S ~ O O .-. G ~ m o'v°a o ~ ..i O~. -.~.. . ,. ~ ~ ~. y x R'. ~e.~ i.J '~ = ' ~= _ I ~,,,, . t''s*~ ~~ ~ ~~` ,PHELAN HALLINAN & SCHNIIEG, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff vs. JAMES W. ZULLINGER JANE M. ZULLINGER Defendants :}~ +~h~~ PRt1TNQN~TAr~~' ~o~~ auc i 7 An ~o~ ~~ CWMgfRLANO~ WTY PEHMSYLWANIA COURT OF COMMON CIVIL DIVISION CUMBERLAND COUNTY NO. CIVIL-09-174 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO Pa.R.C.P. 404(2U403 The undersigned attorney hereby certifies that service of the Notice of Sheriffls Sale made by sending a true and correct copy by certified mail to JANE M. ZULLINGER at, P.O. 265, WAXIIAW, NC 28173. The Notice of Sale was received by Defendant, JANE M. ZULLINGER, on JUNE 20, 2012 as evidenced by the attached Return Receipt. The undersigned understands that this statement is made subject to the penalties of 18 C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ! !j I ~" PHELAN HALLINAN & SCHMIEG, LLP By: Ma w ood, Esquire Attorney for Plaintiff r :...,~ Date Produced: 06/25/2012 D PHELAN HALLINAN & SCHMIEG The followingg is the delivery information for Certified MaiIT"" item number 7178 24'17 6099 0103 1008.Our records indicate that this item was delivered on 06/20/2012 at 01~~:28 p.m. in CHARLOTTE, NC, 28277. The scanned image of the recipient information is proWided below ~~..:.~,a ON~yiNr~tlon ,,~ `~' . Signature of Recipient: ~. '~ ~ :~.: . ~t: .... ~~ ., ,;, ,;, Address of Recipient: .~- ~ ~ , ~,;. .,,~, ~, ~ . Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post ofFce or Postal Service representative: Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 103396 'SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor First Horizon Home Loans (et al.) vs. James W Zullinger (et al.) nj waa r v41t ??? ?? SHERIFF'S RETURN OF SERVICE Case Number 2009-174 06/25/2012 Robert Bitner, Deputy Sheriff, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 105 Fogelsanger Road, Shippensburg, Cumberland County. 07/03/2.012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: James W. Zullinger, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 105 Fogelsanger Road, Shippensburg, PA 17257, defendant left forwarding address of; 16729 Commons Creek Drive, Charlotte, NC 28277 07/03/2.012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Jane M. Zullinger, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 105 Fogelsanger Road, Shippensburg, PA 17257, defendant left forwarding address of; 16729 Commons Creek Drive, Charlotte, NC 28277 07/16/2:012 Ronny R. Anderson, being duly sworn according to law, states he served the requested Real Estate Writ, Notice and Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: Jane M. Zullinger at 16729 Commons Creek Drive, Charlotte, NC 28277. The return receipt card was signed by Jane Zullinger on July 9, 2012 and returned to the Cumberland County Sheriff's Office. 07/16/2012 Ronny R. Anderson, being duly sworn according to law, states he served the requested Real Estate Writ, Notice and Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: James M. Zullinger at 16729 Commons Creek Drive, Charlotte, NC 28277. The return receipt card was signed by Jane Zullinger on July 9, 2012 and returned to the Cumberland County Sheriffs Office. 09/05/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on September 5, 2012 at 10:00 a.m. He sold the same for the sum of $220,000.00 to Chad Bennett of Bennett Enterprises, of 307 Walnut Street, Shippensburg, PA 17257,being the buyer in this execution, paid to the Sheriff the sum of $ 10/03/2:012 Proposed Schedule Of Distribution Posted SHERIFF COST: $5,515.28 SO ANSWERS, October 19, 2012 RON R ANDERSON SHERIFF a , as Dot . Co . 4*12 OCT 22 AM 10,-. S'S n Y s??l a SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale, Writ No. 2009-0174 held September 5, 2012 EFFECTIVE DATE: September 5, 2012 PREMISES: 105 Fogelsanger Road, Southampton Township, Cumberland County, Pennsylvania, Tax Parcel No. 39-12-0318-032 (the "Premises") RECITAL: Being part of the same premises which John A. Myers and Helen Willis Myers, husband and wife, by their Deed dated August 26, 1965 and recorded September 2, 1965 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book "S", Volume 21, Page 417, granted and conveyed unto JamesW. Zullinger and Jane M. Zullinger, husband and wife, also known as Lot #2, Plan Book 50, Page 15. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2012. -2- 20. Mortgage in the amount of $286,000.00 from James W. Zullinger and Jane M. Zullinger to First Horizon Home Loan Corp., dated April 13, 2007 and recorded April 24, 2007 in Mortgage Book 1989, Page 2940, assigned February 10, 2009 to First Horizon Home Loans at Instrument No. 200903462. 21. Mortgage in the amount of $32,097.00 from James W. Zullinger and Jane M. Zullinger to Members 1St F.C.U. dated April 5, 2008 and recorded April 17, 2008 at Instrument No. 200812184. 22. Judgment in mortgage foreclosure against James W. Zullinger and Jane M. Zullinger in favor of First Horizon Home Loans in the amount of $298,693.67 entered February 26, 2009 and amended by Order of Court entered January 24, 2011 to $339,709.47, docketed to No. 2009-0174. 23. Subject to all building set-back lines, easements, restrictions, conditions, notes and all other matters, if any, appearing in the survey of Thomas A. Neff, R. S., dated. July 29, 1965, cited in Deed Book "S", Volume 21, Page 417, not of record, and any defects in title by reason of the survey not being recorded. 24. Subject to the rights of others in and to that portion of the premises lying within or adjoining Township Road No. 307, Fogelsanger Road. 25. Subject to all building set-back lines, easements, restrictions, conditions, notes and all other matters noted in Plan Book 50, Page 15, Plan of James W. and Jane M. Zullinger. 26. Subject to the adverse conveyance in Deed Book "D", Volume 32, Page 838. 27. Subject to the legal operation and effect of the absence of a legal description of the Premises in the notice of Sheriff s Sale. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- Writ No. 2009-174 Civil Term First Horizon Home Loans vs. James W. Zullinger Jane M. Zullinger Atty.: Daniel G. Schmieg By virtue ofa Writ of Execution NO. CIVIL-09-174, FIRST HORI- ZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NA- TIONAL ASSOCIATION vs. JAMES W. ZULLINGER, JANE M. ZULLINGER owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland County, Pennsylvania, being 105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257-9704 Parcel No. 39-12-0318-032. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $339,709- .47. EXHIBIT A FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. JAMES W. ZULLINGER JANE M. ZULLINGER Defendant(s) CUMBERLAND COUNTY PHS # 194718 AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257-9704. I . Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably t-_ ascertained, please so indicate) sT JAMES W. ZULLINGER 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 ,;y JANE M. ZULLINGER 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CitiBank (South Dakota) N.A. CitiBank (South Dakota) N.A. C/O ROBERT J. KANE, ESQ. Capital One Bank USA, N.A. Capital One Bank USA, N.A. C/O JAME C. WARMBRODT, ESQ. 701 East 60th Street North Sioux Falls, SD 57117 ROUTE 502 BOX 5001 AVOCA, PA 18641 15000 Capital One Drive Richmond, VA 23238 Weltman, Weinberg & Reis, Co., L.P.A. 436 SEVENTH AVENUE, SUITE 1400 PITTSBURGH, PA 15219 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL-09-174 Members Ist Federal Credit Union 1100 SUPERIOR AVENUE, SUITE 200 C/O FIRST AMERICAN TITLE INSURANCE CLEVELAND, OH 44114 LENDERSADVANTAGE ATTN: FT1120 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) ADAMS ELECTRIC COOPERATIVE, INC. 153 NORTH STRATTON STREET GETTYSBURG, PA 17325 ADAMS ELECTRIC COOPERATIVE, INC. 1338 Biglerville Road P.O. Box 1055 Gettysburg, PA 17325-1055 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 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Domestic Relations of Cumberland County 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice 228 Walnut Street, Suite 220 U.S. Attorney for the Middle District of PA PO Box 11754 Federal Building Harrisburg, PA 17108-1754 i verify that the statements made in this affidavit are tr e a d correct to the best of my personal knowledge or information and belief. I understand th4t false tat ments herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifica on to u orities. Date: J -',I J? By: P7felan Hallinan & Sebmieg;"LLP Lauren R. Tabas, Esq., Id. No.93337 Attorney for Plaintiff FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff VS. JAMES W. ZULLINGER JANE M. ZULLINGER Defendant(s) : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: CIVIL-09-174 : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JAMES W. ZULLINGER JANE M. ZULLINGER 105 FOGELSANGER ROAD SHIPPENSBURG, PA 17257-9704 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 1.05 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257-9704 is scheduled to be sold at the Sheriff's Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $339,709.47 obtained by FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. "The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, ifyou act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain tract of land situate in Southhampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 307 at line of land of Frank Fogelsanger and John A. Myers and Helen Willis Myers, his wife, Grantors herein; thence along the said Fogelsanger land North thirty-nine (39) degrees two (2) minutes forty (40) seconds East, four hundred ninety-one and forty- seven hundredths (491.47) feet to a stake at other land of John A. Myers and Helen Willis Myers, his wife, Grantors herein; thence by the same South forty-one (41) degrees fifty-six (56) minutes twenty (20) seconds East, six hundred seventy-five and seventy hundredths (675.70) feet to a stake; thence by the same South fifty (50) degrees one (1) minute West, six hundred fifty-nine and nine hundredths (659.09) feet to a spike in the center of the aforesaid public road; thence along the center of the aforesaid public road North twenty-five (25) degrees nine (9) minutes twenty (20) seconds West, six hundred (600) feet to a spike in the said public road, the place of BEGINNING. CONTAINING 8.154 acres. Pursuant to survey of Thomas A. Neff, R.S., dated July 29, 1965. Less and Except: All that certain tract or parcel of land situate in the Township of Southhampton, Cumberland County, Pennsylvania, more fully bounded and described as follows, to wit: BEGINNING at a railroad spike in the centerline of Fogelsonger Road (Township Route 307) at corner of Lot No. 2 on subdivision plan of James W. and Jane M. Zullinger, Grantors herein; thence by the cernterline of said Township Road, North 25 degrees 9 minute 20 seconds West, 200.00 feet to a nail at corner of lands now or formerly of Frank Fogelsonger; thence by lands of Fogelsonger, North 39 degrees 2 minutes 40 seconds East, 491.47 feet to an iron pin; thence by lands now or formerly of Albert Freemon, South 41 degrees 56 minutes 20 seconds East, 300.00 Feet to an iron pin at line of lands now or Formerly of James W. and Jane M. Zullinger, Grantors herein; thence by sold lands of Zullinger, South 51 degrees 22 minutes 48 seconds West, 544.06 feet to a railroad spike in the centerline of Fogelsonger Road, the place of' BEGINNING. BEING Lot No. 1 on subdivision plan of James W. Zullinger and Jane M. Zullinger, his wife, dated December 16, 1985, approved April 28, 1985 by the Board of Supervisors, Southapmton Township, Cumberland County, Pennsylvania, said plan being recorded in Plan Book 50, Page 15. CONTAINING 2.886 acres, subject, however, to a right-of-way dedicated for the future widening of Fogelsanger Road, containing 0.116 acres. Subject to restrictions, reservations, easements, covenants, oil, gas or mineral rights of record, if any. TITLE TO SAID PREMISES VESTED IN James W. Zullinger and Jane M. Zullinger, his wife, as tenants by the entireties, by Deed from John A. Myers and Helen Willis Myers, his wife, dated 08/26/1965, recorded 09/02/1965 in Book S-21, Page 417. PREMISES BEING: 105 FOGELSANGER ROAD, SUWPENSBURG, PA 17257-9704 PARCEL NO. 39-12-0318-032 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-174 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. JAMES W. ZULLINGER JANE M. ZULLINGER owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland County. Pennsylvania, being (Municipality) 105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257-9704 Parcel No. 39-12-0318-032 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $339,709.47 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 09-174 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOANS Plaintiff (s) From JAMES W. ZULLINGER JANE M. ZULLINGER (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: $339,709.47 L. L.: Interest from 03/03/2011 to Date of Sale ($55.84 per diem) - $30,879.52 Attv's Comm: Due Prothy: $2.25 Attv Paid: $2,232.21 Other Costs: Plaintiff Paid: Date: 6/l/2012 David D. Buell, Prothonotary (Seal) B 'r Je. Deputy REQUESTING PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand Supreme Court ID No. 93337 and the seal of said Court at Carlisle, Pa. This -AL- day of 20 12 A? Prothonotary _3?? On June 4, 012, the Sher) I I levied upon the defendant' s interest in the real property situated ill Southampton Township, Cumberland County, PA, Known and numbered as, 105 Fogelsanger Road Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 4, 2012 By: Real Estate Coordinator A CUMBERLAND LAW JOURNAL Writ No. 2009-174 Civil Term First Horizon Home Loans VS. James W. Zullinger Jane M. Zullinger Atty.: Daniel G. Schmieg By virtue ofa Writ of Execution NO. CIVIL-09-174, FIRST HORI- ZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NA- TIONAL ASSOCIATION vs. JAMES W. ZULLINGER, JANE M. ZULLINGER owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland County, Pennsylvania, being 105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257-9704 Parcel No. 39-12-0318-032. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENTAMOUNT: $339,709- .47. 115 1 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: July 27, August 3, and August 10, 2012 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. b r Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 10 day of August, 2012 Notary NOTARIAL SEAL. DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUM3ERLAND COUNTY' My Commission Expires Apr 28, 2014 The Patriot-News.Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZhePatriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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. 20MI74 Gh,2 7iwm Fkd Norte Mama awns This ad ran on the date(s) shown below: V& dams W r 07/27112 ism #A Aft Ow" Q lcltmisy 08103/12 By virtue ofa Y.6 of Execution NO. 08/10/12 CIVIL-WI74 ? r. FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE .. . BANK r . --z NATIONAL ASSOCIATION __ ..... _ , f r JAMB W. ZULLINGER Sworn to u crib d before me th' 1 day ugu$t, 2012 A. D. JANE M. ZULLINGER , owner(s) of property Awe in the TOWNSHIP OF SOUTHAMPTON, Cumberland Notary Pubic County, Pennsylvania, being (Muniapality) 105 FOGELSANGER ROAD, SHIPPENSBURG, PA 17257-9704 Parcel No.39.1?r0IW2 :vo[ariai aI - - - (Acreage or stteetaddrem) c ? .. „ Improvements thereon: RESIDENTIAL r o ?= rr ` °er , iVra±ary ?'ubl±c ? DWELLING r aU,; tn? My County f pr;,; D , FX?yrGC fdUv. 26 , 1015 J JUDGMENT AMOUNT $339,709.47 RTES RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland Count yy Prothonotary's Office Receipt Date 10/22/2012 Carlisle, Pa 17013 Receipt Time 10:51:12 Receipt No. 282220 FIRST HORIZON HOME LOANS (VS) ZULLINGER JAMES W ET AL, Case Number 2009-00174 Received of PD SHERIFF RL Total Non-Cash..... + Total Cash......... + Change ............. - Receipt total...... _ 50.75 Check# 88660 .00 .00 $50.75 Distribution of Payment Transaction Description Payment Amount ACKNOWLEDGMENT 48.00 CUMBERLAND CO GENERAL FUND 2007 SHERF FEE 2.25 CUMBERLAND CO GENERAL FUND LAW LIB FEE .50 CUMBERLAND CO GENERAL FUND $50.75 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Chad and Sandra Bennett is the grantee the same having been sold to said grantee on the .5 day of September A.D., 2012, under and by virtue of a writ Execution issued on the 1 day of June, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 174, at the suit of First Horizon Home Loans, A Division of First Tennessee Bank National Association against James W. Zullinger and Jane M. Zullinger is duly recorded as Instrument Number 201232443. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A. D. c:7, G /C Recorder of Deeds E*whFbtMwft NL2M J