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HomeMy WebLinkAbout09-16800/ 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 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 199207 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. DONALD J. EZBIANSKY SHERYL L. EZBIANSKY 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM L(V 1 NO. D ?l - /46 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #; 199207 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 #: 199207 6. The following amounts are due on the mortgage: Principal Balance $127 587 75 Interest 10/01/2008 through 03/17/2009 , . $3,647.28 (Per Diem $21.71) Attorney's Fees $1 300 00 Cumulative Late Charges , . $167 72 09/16/2004 to 03/17/2009 . Mortgage Insurance Premium / $30 00 Private Mortgage Insurance . Cost of Suit and Title Search 750.00 Subtotal $133,482.75 Escrow Credit Deficit ($64.49) Subtotal $0.00 TOTAL 64.49 $133,418.26 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 199207 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 $133,418.26, together with interest from 03/17/2009 at the rate of $21.71 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: Fence T. P squire 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 v Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 199207 LEGAL DESCRIPTION ALL the following described real estate situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the northwest corner of Colgate Drive and Citadel Drive; thence westwardly along the northern side of Citadel Drive 15.3 feet to a point; thence continuing westwardly along the northern side of Citadel Drive by an arc curving to the left, having a radius of 705 feet, 74.7 feet to a point at the southeast corner of Lot No. 44 on Part of Plan No. 2, Cedar Cliff Manor recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 14; thence northwardly along the eastern line of Lot No. 44 aforesaid, 130.27 feet to a point; Thence eastwardly on a line parallel with the dividing line between Lots No. 45 and 46 on Part of Plan No. 2, Cedar Cliff Manor recorded in the Office of the Recorder of Deeds aforesaid in Plan Book 7, Page 14, 104.87 feet to a point at the western side of Colgate Drive; thence southwardly along the western side of Colgate Drive by an arc curving to the left, having a radius of 325 feet, 22.28 feet, more or less, to a point, thence continuing southwardly along the western side of Colgate Drive 92.72 feet to a point, the place of BEGINNING. PARCEL NO: 13-23-0547-538 PROPERTY ADDRESS: 20 COLGATE DRIVE File #: 199207 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 the Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsifications to authorities. Atto , laintiff DATE: * 7 e- > r t? F ri G„i 7 ? Sheriffs Office of Cumberland County R Thomas Kline ??,tp of GuInbrr,4 Edward L Jcthorpp Sheri b ?. r Solicitor ?q ? ? ZIN Ronny R Anderson Jody S Smith Chief Deputy OMCE OF TKE $KERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/26/2009 06:40 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 26, 2009 at 1840 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the with named defendant, to wit: Donald J. Ezbiansky, by making known unto Donald Ezbiansky personally, at 20 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania, 17011, its contents and at the same time handing to him personally the said true and correct copy of the same 03/26/2009 06:40 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 26, 2009 at 1840 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the with named defendant, to wit: Sheryl L. Ezbiansky, by making known unto Donald Ezbiansky, husband of defendant, at 20 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania, 17011, its contents and at 1 same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $56.60 March 30, 2009 SO ANSWERS, '?- ire=.a?'°"'r.?sC ?,?= `.?..P i R THOMAS KLINE, SHERIFF uty er f Docket No. 2009-1680 First Horizon Home Loans v Donald J. Ezbiansky aF +dm MAR -I N 0 26 & k r-• Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-1680-CIVIL VS. CUMBERLAND COUNTY DONALD J. EZBIANSKY , SHERYL L. EZBIANSKY , Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 199207 0. w TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Lawrence T. Phelan, Esquire ,`Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Date: 05-01-09 PHS #: 199207 10- VERIFICATION Limited Vice President Mike Fisher hereby states that he/she is of METLIFE HOME LOANS, servicing agent for Plaintiff, FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: Name: Mike Fisher Title: r- Limited Vice President Company: METLIFE HOME LOANS Loan: 0050027739 File #: 199207 FILED-OF,: up OF THc I "'':'R€Y 2009 MAY -4 P 12: 315 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff VS. DONALD J. EZBIANSKY SHERYL L. EZBIANSKY Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : NO. 09-1680-CIVIL : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: DONALD J. EZBIANSKY 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 SHERYL L. EZBIANSKY 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 Date: 05-01-09 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff BY: /?jl. "f / la? Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire BLED -OFPCE OF THE PRI C' 'F'<' rA??Y 2DO9 MAY -1 Pail 12: 35 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 1. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. DONALD J. EZBIANSKY SHERYL L. EZBIANSKY 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-1680-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DONALD J. EZBIANSKY, and SHERYL L. EZBIANSKY, 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 $133,418.26 Interest - 03/18/2009 to 05/01/2009 $976.95 TOTAL $134,395.21 I hereby certify that (1) the addresses of the Defendant(s) are as s that notice has been given in accordance with Rule 237. 1, copy attached. Lawrence T. Pheli, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: aN Ll. a? PHS # 199207 PROTHONOTARY 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-1680-CIVIL DONALD J. EZBIANSKY SHERYL L. EZBIANSKY *--? VERIFICATION OF NON-MILITARY SERVICE chew's/?"?? `rte , hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DONALD J. EZBIANSKY is over 18 years of age and resides at 20 COLGATE DRIVE, CAMP HILL, PA 17011-7627. (c) that defendant SHERYL L. EZBIANSKY is over 18 years of age and resides at 20 COLGATE DRIVE, CAMP HILL, PA 17011-7627. This statement is made subject to the penalties of 18 relating to unsworn falsification to authorities. Lawrence T. Francis S. Hallinan<gWire e-nFa-niel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised FIRST HORIZON HOME LOANS, A : CUMBERLAND COUNTY DIVISION OF FIRST TENNESSEE BANK : NATIONAL ASSOCIATION : COURT OF COMMON PLEAS Vs. , DONALD J. EZBIANSKY CIVIL DIVISION SHERYL L. EZBIANSKY 20 COLGATE DRIVE No. 09-1680-CIVIL CAMP HILL, PA 17011-7627 Notice is given that a Judgment in the above captioned matter has been entered against you on QCrf By: If you have any questions concerning this matter please Lawrence T. PhelmjZf ire F?ftcis S. Hallinan, squire -'Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF FIRST HORIZON HOME LOANS, A DIVISION OF COURT OF COMMON PLEAS FIRST TENNESSEE BANK NATIONAL CIVIL DIVISON ASSOCIATION Plaintiff v DONALD J. EZBIANSKY SHERYL L. EZBIANSKY Defendant(s) TO: DONALD J. EZBIANSKY 20 COLGATE DR CAMP HILL, PA 17011-7627 DATE OF NOTICE: April 17, 2009 NO. 09-1680-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street 2 Carlisle, PA 17013 (717) 249-3166 LAUREN MATTER Legal Assistant PHS # 199207 PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF FIRST HORIZON HOME LOANS, A DIVISION OF COURT OF COMMON PLEAS FIRST TENNESSEE BANK NATIONAL CIVIL DIVISON ASSOCIATION Plaintiff V. DONALD J. EZBIANSKY SHERYL L. EZBIANSKY Defendant(s) TO: SHERYL L. EZBIANSKY 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 DATE OF NOTICE: April 17, 2009 NO. 09-1680-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 1441 ?...r LAfffREN MATTER Legal Assistant PHS # 199207 F L' ; TI r.If 'VAR r_,J~ 1Ct!3 fi.flY -4 AH't 0: 23 E i ,' s i } l4•0o pd. a;; PA? ?DfO 7? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, No. 09-1680-CIVIL V. DONALD J. EZBIANSKY SHERYL L. EZBIANSKY Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $134,395.21 Interest from 5/2/2009-9/2/2009 $2,739.16 and Costs (per diem -$22.09) TOTAL $137,134.37 s DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. u_ N c ?3 ot- O 4 O3ul C? ? ..? oaf ?b ?- oz ? a? two OW OWE w W Z' V w? z? a ? OO d N OO d x V ? F"'Oz W H ? pG w ?, ?` v A 7 ww Aa d? O H V W ? O w W o ast v a O'er Oo ?O c6i6 vo r N ? ?O r cr .-+ o r r ? as x? v? tot= t7 00 ? UU ? a N N c7 ° a '? N d d a? .? r ? a ? rn a PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. DONALD J. EZBIANSKY SHERYL L. EZBIANSKY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1680-CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. S DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff r{! ED urri-IC OTARY 2009t"iA' 2 f ? dl? FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. DONALD J. EZBIANSKY SHERYL L. EZBIANSKY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1680-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,20 COLGATE DRIVE, CAMP HILL, PA 17011-7627. 1. Name and address of Owner(s) or reputed Owner(s): Name DONALD J. EZBIANSKY SHERYL L. EZBIANSKY Address (if address cannot be reasonably ascertained, please indicate) 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 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 Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Horizon Home Loan Corporation Address (if address cannot be reasonably ascertained, please indicate) 4000 Horizon Way Irving, TX 75063 5. Name and address of every other person who has any record lien on the properly: 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 None Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Cedar Cliff Manor Association Address (if address cannot be reasonably ascertained, please indicate) 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 18A Colgate Drive Camp Hill, PA 17011-7621 best of my personal knowledge 1 verify that the statements made in this affidavit are true an e7to, he penalties of 18 Pa. or information and belief. I understand that false statements herei are mject to t C.S.A. § 4904 relating to unsworn falsification to authorities. 1 May 18, 2009 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff r. A V FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. DONALD J. EZBIANSKY SHERYL L. EZBIANSKY Defendant(s). TO: DONALD J. EZBIANSKY 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 May 18, 2009 CUMBERLAND COUNTY No. 09-1680-CIVIL SHERYL L. EZBIANSKY 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 "THIS FIRM_ IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 20 COLGATE DRIVE, CAMP HILL, PA 17011-7627, is scheduled to be sold at the Sheriff s 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 $134,395.21 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 cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. i v attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 • LEGAL DESCRIPTION ALL the following described real estate situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the northwest corner of Colgate Drive and Citadel Drive; thence westwardly along the northern side of Citadel Drive 15.3 feet to a point; thence continuing westwardly along the northern side of Citadel Drive by an arc curving to the left, having a radius of 705 feet, 74.7 feet to a point at the southeast corner of Lot No. 44 on Part of Plan No. 2, Cedar Cliff Manor recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 14; thence northwardly along the eastern line of Lot No. 44 aforesaid, 130.27 feet to a point; thence eastwardly on a line parallel with the dividing line between Lots No. 45 and 46 on Part of Plan No. 2, Cedar Cliff Manor recorded in the Office of the Recorder of Deeds aforesaid in Plan Book 7, Page 14,104.87 feet to a point at the western side of Colgate Drive; thence southwardly along the western side of Colgate Drive by an arc curving to the left, having a radius of 325 feet, 22.28 feet, more or less, to a point, thence continuing southwardly along the western side of Colgate Drive 92.72 feet to a point, the place of BEGINNING. BEING the southern part of Lot No. 45 on the Plan of Lots known as 'Part of Plan No. 2, 'Cedar Cliff Manor' which Plan was approved by the Commissioners of Lower Allen Township on January 12, 1955, and is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 14. HAVING THEREON erected a brick ranch house known as 20 Colgate Drive. UNDER AND SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions and/or conditions of record. TITLE TO SAID PREMISES IS VESTED IN Donald J. Ezbiansky and Sheryl L. Ezbiansky, h/w, by Deed from Claudia B. Hume, single person, dated 09/13/2004, recorded 09/17/2004 in Book 265, Page 1394. PREMISES BEING: 20 COLGATE DRIVE, CAMP HILL, PA 17011-7627 PARCEL NO. 13-23-0547-538 control # 13001237 1 SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-1680-CIVIL FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. DONALD J. EZBIANSKY and SHERYL L. EZBIANSKY owners of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 20 COLGATE DRIVE CAMP HILL PA 17011-7627 PARCEL NO. 13-23-0547-538 control # 13001237 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1680 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOANS, a Division of FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From DONALD J. EZBIANSKY and SHERYL L. EZBIANSKY (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 $134,395.21 L.L. $30 Interest from 5/02/09 - 9/02/09 (per diem - $22.09) - $2,739.16 and Costs Atty's Comm % Atty Paid $175.60 Plaintiff Paid Date: 5/21/09 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Curtis R#ong, oth otary By: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION DONALD J. EZBIANSKY SHERYL L. EZBIANSKY SERVE DONALD J. EZBIANSKY AT: 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 SERVED CUMBERLAND COUNTY 1 No. 09-1680-CIVIL Aphs. #199207 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 2, 2009 i Served and made known to ? Z $tQ N5 #Jj Defendant, on the N p day of J k L, , 2009, at ?D' t o o'clock .m., at 20 'Ot-GAti bRI v P-. =AA t P hk (rL Commonwealth of Pennsylvania, in the manner described below: t/ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height Weight 140 Race W Sex M Other 1, Rb $44-D Ab Ll-. , 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. KIMBERLY Ww" Sworn to and subscribed before me this 1ND day NOTARY i??iC STATE OF NEW JERM of 71 L , 200 I.? y Commission Expires Mamh March 7, 2018 Notary: r By: PLEASE T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTSERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Ist Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 a I I>? z FiLE OF T?? r'; ?;ra??v 9 ,UL 2 95 AFFIDAVIT OF SERVICE :PLAINTIFF DEFENDANT(S) FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION CUMBERLAND COUNTY No. 09-1680-CIVIL phs. #199207 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 2, 2009 DONALD J. EZBIANSKY SHERYL L. EZBIANSKY SERVE SHERYL L. EZBIANSKY AT: 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 SERVED Served and made known to 5 ?} ERA L L- E2 B 1 ArN S kj , Defendant, on the 2Jw , day of 7711 Ly 200-1, at 6'• 10 , o'clock ?.m., at'16 COL.GATE D121 u E, PkM p Iki (,L Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. _ %/ Adult family member with whom Defendant(s) reside(s). Name and Relationship is ?ONAt A , - 5,13 /h ND Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height 6 I Weight I to 0 Race W Sex M Other 1> _ 41- D D C4- , 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 Sheriff's 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 KIMBERLY CUMV before me this ?-N'b day NOTARY F'@ BLIC of 44"L - , 200 FISTATc 01: "FIN JERSEY Notary: l_ By:? duPrnNt 7, ?0117 PLEA T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 15` Attempt: Time: 2nd Attempt• Time: 3rd Attempt: / / Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 FIfID:;f ..c F ??1 z PY 21,99 JUIL 14 A °i I i• 0