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HomeMy WebLinkAbout09-0426Phelan 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 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 195873 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. y ? 4 C ?* 'I ??o V. CUMBERLAND COUNTY SHEILA H. LANDIS 36 EAST KELLER STREET MECHANICSBURG, PA 17055-3826 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 195873 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 195873 1. Plaintiff is FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: SHEILA H. LANDIS 36 EAST KELLER STREET MECHANICSBURG, PA 17055-3826 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/29/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1906, Page 4735. 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 #: 195873 6. The following amounts are due on the mortgage: Principal Balance $98,877.93 Interest $3,091.33 08/01/2008 through 01/26/2009 (Per Diem $17.27) Attorney's Fees $1,300.00 Cumulative Late Charges $244.18 04/29/2005 to 01/26/2009 Mortgage Insurance Premium / $145.00 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $104,408.44 Escrow Credit ($600.71) Deficit $0.00 Subtotal 600.71 TOTAL $103,807.73 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 195873 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $103,807.73, together with interest from 01/26/2009 at the rate of $17.27 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: 1 SQ (D F79 Lawrence T. Phelan, Esq ire 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 File #: 195873 LEGAL DESCRIPTION ALL THAT CERTAIN tract or lot of ground situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BOUNDED on the North by East Keller Street; on the East by Lot now or formerly of William H. Coover; on the South by a public alley an don the West by Lot now or formerly of the heirs of George H. Bucher. HAVING a frontage on said East Keller Street of eighteen and one-tenth feet, more or less, a width on said alley of nineteen and five-tenths (19.5) feet, more or less, and a depth from said East Keller Street to said alley of one hundred thirty-nine (139) feet, more or less. BEING THE SAME PREMISES which John F. Woodward and Marilyn Sue Woodward, husband and wife, by Deed dated November 17, 2003 and recorded in the Office of the Recorder of Deeds in Cumberland County on December 30, 2003 in Book 261, Page 109, granted and conveyed to Stanley S. Conner, grantor herein. By virtue of Ingrid J. Conners' marriage to Stanley S. Conner, said Ingrid J. Conner does hereby join in this conveyance, relinquishing any and all right, title and interest she may have in said premise. PREMISES: 36 EAST KELLER STREET PARCEL#: 17-24-0787-048 File #: 195873 VERIFICATION .I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unswom falsifications to authorities. n 179 Attorney for Plain & DATE: (- 4 - 0 ?i t3? c o }?- `n CJ , , SHERIFF'S RETURN - REGULAR CASE NO: 2009-00426 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOANS VS LANDIS SHEILA H MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE LANDIS SHEILA H the DEFENDANT at 1956:00 HOURS, on the 29th day of January , 2009 at 36 EAST KELLER STREET MECHANICSBURG, PA 17055-3826 by handing to SHEILA H LANDIS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: So Answers: Docketing 18.00 Service 9.00 Affidavit .00 .?•'''?-"? `?=' ^?`'-D Surcharge 10.00 R. Thomas Kline r .00 37.00 01/30/2009 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy Sheriff of A. D. was served upon ro . PLAINTIFF FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION DEFENDANT SHEILA H. LANDIS SERVE SHEILA H. LANDIS AT: 36 EAST KELLER STREET MECHANICSBURG, PA 17055-3826 SERVED PHS # 195873 C7 ~ i n - SERVICE TEAM/ iin ~ ~ ~} r ~ ~ n I'Yl _ ~ r11 ~, ..f, _. ~ ~ -. ~ COURT NO.: 09-426-CIVI)~,~,, t cri _~ r~ TYPE OF ACTION r- t_. -~-- - XX Notice of Sheriff s Sale %~',;,.; ~ ~~;~ C SALE DATE: 06/02/2010 ~ ~-' ~ ~~' ~. Served and made known to SFi Et L l-A~N D is ,Defendant on the ~0~ day of U A R , 201 ~ , at t~.; 5 ~ o'clock ~. M., at 36 E. K£~t.F-R St • F~~KS Q~iob, pA, in the manner described below: / Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: Description: Age 30 s Height ~4~ Weight (~~ Race ~ Sex ~ Other I, 2p-~-c.D ~,~ t.(_. , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. `--~-^ Sworn to and subsc~}bed ~MgERLY CURT`j before me this ~• 'f~ da ~ B~~LY PUBLIC Y Y W jERSE of ~~'l~, 20C~ O . SrtA~ ~ ~ ~S MARCH "I, 2013 COMI~SSION EXPi Not By. i NOT SERVED On the day f , 200_, at o'clock _. M., Defendant NOT FOUND because: Vacant Bad Address _ Moved _ Does Not Reside (Not Vacant) No Answer Service Refused Other: Sworn to and subscribed before me this day of ~~ By: NOtai~ : ~Tre ORNEIY ~ R PL AuNTIFF Fronds S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michde M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shectal R Shah-Joni, Esq., ld. No. 81760 Jrnine R. Davey, Esq., Id. No. 87077 Lauren R Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 207331 Jay B. Jones, Esq., Id. No. 86657 Pcter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaimc McGuinness, Esq., Id. No. 90134 Chrisovalanle P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courle~y R. Dunn, Esq., Id. No. 206779 Andrew C. B'mnbldl, Esq., Id. No. 20&l75 One Penn Center at Subu an Smlion 1617 John F. Krnnedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY ~1 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~ ~;, of ~u+rt~irr~~~~~ ,. 4F ~t E -~4 ~~G~~i~F . ~~ . _ i . ~ ~ ~.: aoio A+~~ a P1vt ta~.as _. , First Horizon Home Loans, A Division of vs. Case Number Sheila H Landis 2009-426 SHERIFF'S RETURN OF SERVICE 04/01/2010 07:53 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 1, 2010 at 1953 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 Sheila H. Landis, located at 36 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. 04/30/2010 02:49 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Sheila H. Landis, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Sheila H. Landis, defendant could not be located at address provided prior to expiration date of 5/2/10, no occupants present at any of eight service attempts. 06/02/2010 Property sale postponed to 7/7/2010. 07/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on July 7, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Fannie Mae, P.O. Box 650043, Dallas, TX 75265, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of 797.81 SHERIFF COST: $797.81 SO ANSWERS, r July 28, 2010 RON R ANDERSON, SHERIFF ~FB~ Da ~ ,1.~.. a.~~. Cam. ,~ ~~, »~so SHERIFF'S OFFICE OF CUMBERLAND COUNTY !c) CountySuite Shenf(. Teleosoft. Inc. ~a~~ss~ FI~.ST I-1rORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE $Al~j~ NATIONAL ASSOCIATION Plaintiff v. SHEILA H. LANDIS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION N0.09-426-CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIILST 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 36 EAST KELLER STREET, MECHANICSBURG, PA 17055-3826. Name and address of Owner(s) or reputed Owner(s): Name SHEILA H. LANDIS 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 36 EAST KELLER STREET MECHANICSBURG, PA 17055-3826 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) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) BOROUGH OF MECHANICSBURG BOROUGH OF MECHANICSBURG C/O DAVID J. SPOTTS, ESQUIRE 36 WEST ALLEN STREET MECHANICSBURG, PA 17055 36 WEST ALLEN STREET MECHANICSBURG, PA 17055 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. ~ Name and'address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare CT LIEN SOLUTIONS 36 EAST KELLER STREET MECHANICSBURG, PA 17055-3826 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 P.O. BOX 29071 GLENDALE, CA 91209 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. December 10.2009 By: N Attorn r Plaintiff Phel H Ilinan & S mieg, LLP ^ awren a T. P an, Esq., Id. No. 32227 ^ rancis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ hrisovalante P. Fliakos, Esq., Id. No. 94620 [Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 '11 FIRST HORIZON HOlYIE LOANS, A DIVISION OF FIRST COURT OF COMMON PLEAS TENNESSEE BANK NATIONAL ASSOCIATION . CIVIL DIVISION Plaintiff vs. SHEILA H. LANDIS N0.09-426-CIVIL CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SHEILA H. LANDIS 36 EAST KELLER STREET MECHANICSBURG, PA 17055-3826 * * 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 36 EAST KELLER STREET, MECHANICSBURG, PA 17055-3826 is scheduled to be sold at the Sheriff s Sale on JUNE 2, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $108,056.15 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. Yoh may ae 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 or lot of ground situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BOUNDED on the North by East Keller Street; on the East by Lot now or formerly of William H. Coover; on the South by a public alley an don the West by Lot now or formerly of the heirs of George H. Bucher. HAVING a frontage on said East Keller Street of eighteen and one-tenth feet, more or less, a width on said alley of nineteen and five-tenths (19.5) feet, more or less, and a depth from said East Keller Street to said alley of one hundred thirty-nine (139) feet, more or less. TITLE TO SAID PREMISES IS VESTED IN Sheila H. Landis, a single woman, by Deed from Stanley S. Conner and Ingrid J. Conner, h/w, dated 03/31/2005, recorded 05/12/2005 in Book 268, Page 4193. PREMISES BEING: 36 EAST KELLER STREET, MECHANICSBURG, PA 17055-3826 PARCEL NO. 17-24-0787-048 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-426-CIVIL FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. SHEILA H. LANDIS owner(s) of property situate in the BOROUGH OF MECHANICSBURG, Cumberland (Municipality) . County, Pennsylvania, being 36 EAST KELLER STREET, MECHANICSBURG PA 17055-3826 (Acreage or street address) Parcel No. 17-24-0787-048 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $108,056.15 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or lot of ground situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BOUNDED on the North by East Keller Street; on the East by Lot now or formerly of William H. Coover; on the South by a public alley an don the West by Lot now or formerly of the heirs of George H. Bucher. HAVING a frontage on said East Keller Street of eighteen and one-tenth feet, more or less, a width on said alley of nineteen and five-tenths (19.5) feet, more or less, and a depth from said East Keller Street to said alley of one hundred thirty-nine (139) feet, more or less. TITLE TO SAID PREMISES IS VESTED IN Sheila H. Landis, a single woman, by Deed from Stanley S. Conner and Ingrid J. Conner, h/w, dated 03/31/2005, recorded 05/12/2005 in Book 268, Page 4193. PREMISES BEING: 36 EAST KELLER STREET, MECHANICSBURG, PA 17055-3826 PARCEL NO. 17-24-0787-048 (~ ~ ' ~ FIRST HORIZON HOME LAANS, A DIVISION OF FIRST TENNESSEE ;3~ANK NATIONAL ASSOCIATION .~r' Plaintiff vs. SHEILA H. LANDIS COURT OF COMMON PLEAS CIVIL DIVISION N0.09-426-CIVIL CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SHEILA H. LANDIS 36 EAST KELLER STREET MECHANICSBURG, PA 17055-3826 * *THIS FIItM 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 36 EAST KELLER STREET, MECHANICSBURG, PA 17055-3826 is scheduled to be sold at the Sheriff's Sale on J[TNE 2, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $108,056.15 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 tQpetition 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 or lot of ground situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BOUNDED on the North by East Keller Street; on the East by Lot now or formerly of William H. Coover; on the South by a public alley an don the West by Lot now or formerly of the heirs of George H. Bucher. HAVING a frontage on said East Keller Street of eighteen and one-tenth feet, more or less, a width on said alley of nineteen and five-tenths (19.5) feet, more or less, and a depth from said East Keller Street to said alley of one hundred thirty-nine (139) feet, more or less. TITLE TO SAID PREMISES IS VESTED IN Sheila H. Landis, a single woman, by Deed from Stanley S. Conner and Ingrid J. Conner, h/w, dated 03/31/2005, recorded 05/12/2005 in Book 268, Page 4193. PREMISES BEING: 36 EAST KELLER STREET, MECHANICSBURG, PA 17055-3826 PARCEL NO. 17-24-0787-048 ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-426 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOANS, a Division of FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From SHEILA H. LANDIS (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 $108,056.15 L.L. $.50 Interest from 9/30/09 ($17.76 per diem) -- $4,368.96 Atty's Comm % Due Prothy $2.00 Atty Paid $356.00 Other Costs Plaintiff Paid Date: 12/14/09 (Seal) REQUESTING PARTY: Name: JOSHUA L GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 205047 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, Known and numbered as, 36 East Keller Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By' Gi g-~~-_ Real Estate Coordinator OS =S b L I X30 6001 t/d 'J~ltyilu~ ' -,~, ; , d~IL~~N~ ~~_~ ~~~ _~.. _._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION FIRST HORIZON HOME LOANS A DIVISION OF FIRST TENNESSEEE BANK NATIONAL ASSOCIATION -vs- Sheila H. Landis No. 09-426. ASSIGNMENT OF BID RIGHTS UNDER SHERIFF'S EXECUTION FIRST HORIZON HOME LOANS A DIVISION OF FIRST TENNESSEEE BANK NATIONAL ASSOCIATION hereinafter called Assignor, for and in consideration of the sum of $1,129.31 receipt of which is hereby acknowledged, do(es) hereby sell, assign, transfer and set over unto FANNIE MAE title and interest in and to the property more fully described in the list attached hereto, made a part hereof and marked Exhibit "A" under the bid knocked down to Assignor at the execution sale in the Court of Common Pleas of Cumberland County, Pennsylvania, on July 7, 2010 in the above captioned proceedings. IN WITNESS WHEREOF, the Assignor has hereunto set his hand and seal, this 12't' day of July 2010, intending thereby to be legally bound. ~~~ ~ (SEAL) Notary Public . _ ~arwE,n~.rr~ of PENNSn.v~ NOTARiAI ~Al NOFtA M. FERRER, Notary public Ciy Of Philadelphia, Phita. County ices Nov~emlier 22, ~0f3 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 sald County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, Apri123, and Apri130, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. wit No. aoo9-4a6 civil First Horizon Home Loans, A Division of First Tennessee Bank National Association vs. Sheila H. Landis Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 09-426-CIVIL, FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL AS- SOCIATION vs. SHEILA H. LANDIS, owner of property situate in the BOROUGH OF MECHANICSBURG, Cumberland County, Pennsylvania, being 36 EAST KELLER STREET, MECHANICSBURG, PA 17055- 3826. Parcel No. 17-24-0787-048. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $108,056- .15. r .~-._ f --G~ sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 30 da of Aril 2010 J Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND 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 c~e~llatriot 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 This ad ran on the date(s) shown below: 04/16/10 NhR tlo. 9100~i1b tfwN teem 04/23/10 7~st ~~ Nor~to~ns, A ~~' °'~ .--... 04/30/10 l+utlonsl _ -. C s ~ "- ---~~. uu ~r .. _ ~ By vutue,gf s Waft of$~Hoq.NO. i}9rt26 s 18 ay of May, 2010 A. D. Sworn to a bscribed before m t C1vIi. • FIRSTF~$~AN1,i0M6L(11lWS,ADIVISTQN /~ ~ ~ ~ ~p l l OF FIRST 1'~I!1N~S5EE BANK NATIOi~fAL OC ~ ~-'"~~-- ( 1 ~~- C'L---~ tATto~t nsS Notary Public vs. sl~u:a; tc A%mi~ owners} of prop~ty situak in ;the BOROUGH OF NIECHANICSBURG; Cumberland Mimicipelity}Cavity Peansylvaoia; being 36 EAST IG?i.1.ER STREET, INECHANiCS- COMMONWEALTH OF PENNSYLVANIA BURG, PA 17055-3826 Nota-ial $eal Paceel No;17-24.0787-048 Sherrie L Kbner, Notary PubOc ImprovsaKMta 1~eeK: RE6IDENTIAL Lower Paxton Twp., Dauphin County DRBLLING ni7Dli~fR1~T NMdUNT: ~ ~~~ ~e'+ N~• 26, 2011 S108,OS6.15 ~ Member, PennsvlvaMa Association of Notaries 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 Fannie Mae is the grantee the same having been sold to said grantee on the L 7th day of J~ A.D., 2~ 010, under and by virtue of a writ Execution issued on the 14th day of r-..,8 ~- December, A.D., 009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 426, at the suit of First Horizon Home Loans a division of First Tennesse Bank N A against Sheila H Landis is duly recorded as Instrument Number 201020907. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ day of A.D. ~O ( O of Deeds Reoaderd ~ Via, ~~ Myan