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Home My WebLink About09-3556Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 198992 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION F/K/A FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. MATTHEW NINK AN LE LINDA LOUISE LE F/K/A LINDA L. LE 128 NORTH 32ND STREET CAMP HILL, PA 17011-2919 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Qq - WS10 C i V i ( CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 198992 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 #: 198992 Plaintiff is FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION F/K/A FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: MATTHEW NINK AN LE LINDA LOUISE LE F/K/A LINDA L. LE 128 NORTH 32ND STREET CAMP HILL, PA 17011-2919 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/20/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1814, Page 0674. 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 11/01/2008 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 #: 198992 6. The following amounts are due on the mortgage: Principal Balance $92,915.94 Interest $3,623.24 10/01/2008 through 05/27/2009 (Per Diem $15.16) Attorney's Fees $1,300.00 Cumulative Late Charges $120.46 05/20/2003 to 05/27/2009 Mortgage Insurance Premium / $15.00 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $98,724.64 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $98,724.64 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 #: 198992 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 $98,724.64, together with interest from 05/27/2009 at the rate of $15.16 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. AN & SCHMIEG, LLP '2,0 2?, '-Z? 31 By: .1 1 AA J Lawr ce 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 Courtenay R. Dunn, Esquire Attorneys for Plaintiff File #: 198992 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the North by Lot No. 13 on the hereinafter Plan of Lots by Charles H. Sible; on the East 32nd Street (formerly of Oyster's Point Avenue); on the South by Lot No. 11 on the hereinafter mentioned plan of lots owned now or formerly of Caleb S. Brinton; on the West by a fifteen (15) foot wide alley. CONTAINING fifty (50) feet in the front on 32nd Street extending in depth at an even width 160 feet to the aforesaid fifteen (15) foot alley; And being Lot No. 12 on the Plan of Lots known as Belvoir' in the Borough of Camp Hill, which said plan is recorded in the Recorder's Office of Cumberland County in Plan Book 1, Page 16. BEING the same premises which Michael L. Stone and Kathy G. Stone, husband and wife, by their Deed dated July 29, 1983 and recorded August 2, 1983 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book H730, Page 887, granted and conveyed unto Matthew Nink An Le and Linda L. Le, husband and wife, Grantors herein. PARCEL #: 01-21-0273-157 PROPERTY ADDRESS: 128 NORTH 32ND STREET File #: 198992 VERIFICATION The undersigned attorney 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 veeification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff: and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904. relating to unworn falsifications to authorities. DATE:. ?I Cff ) . F 71 ? I 7nPqq .J!.eM. 5o P 0 ATT1F GLV atl `i it RTI aa59i5 Sheriffs Office of Cumberland County R Thomas Kline ?byrtr of cumb?? g? Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFfICE oC r"` $"EaIFF Civil Process Sergeant First Horizon Home Loans Case Number vs. Matthew Nink An Le 2009-3556 SHERIFF'S RETURN OF SERVICE 06/23/2009 06:35 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Linda Louise, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Linda Louise. After several attempts to make service the complaint has expired. 06/23/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Matthew Nink An Le, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Matthew Nink An Le. After several attempts to make service the complaint has expired. SHERIFF COST: $84.50 June 26, 2009 SO ANSWERS, F2 THOMAS KLINEe ty c. - y ? .z" ? rr1 C7 ? { Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 198992 V" C*" FWM RECORV wrof, I bra woo yet my t? ft AW of U-W1 X 09*10, ft. FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION F/K/A FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff v. rp ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OQ -355(0 alv*l ( (erw• CUMBERLAND COUNTY MATTHEW NINK AN LE LINDA LOUISE LE F/K/A LINDA L. LE 128 NORTH 32ND STREET We hereby certify the CAMP HILL, PA 17011-2919 within to be a true and correct copy of the Defendants original Bleed of rW CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE t File #: 198992 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 #: 198992 1. Plaintiff is FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION F/K/A FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: MATTHEW NINK AN LE LINDA LOUISE LE F/K/A LINDA L. LE 128 NORTH 32ND STREET CAMP HILL, PA 17011-2919 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/20/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1814, Page 0674. 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 11/01/2008 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 #: 198992 6. The following amounts are due on the mortgage: Principal Balance $92,915.94 Interest $3,623.24 10/01/2008 through 05/27/2009 (Per Diem $15.16) Attorney's Fees $1,300.00 Cumulative Late Charges $120.46 05/20/2003 to 05/27/2009 Mortgage Insurance Premium / $15.00 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $98,724.64 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $98,724.64 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. He #: 198992 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 $98,724.64, together with interest from 05/27/2009 at the rate of $15.16 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. AN & SCHMIEG, tLLP 1,0 By: Lawr&fce 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 Courtenay R. Dunn, Esquire Attorneys for Plaintiff File #: 198992 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the North by Lot No. 13 on the hereinafter Plan of Lots by Charles H. Sible; on the East 32nd Street (formerly of Oyster's Point Avenue); on the South by Lot No. 11 on the hereinafter mentioned plan of lots owned now or formerly of Caleb S. Brinton; on the West by a fifteen (15) foot wide alley. CONTAINING fifty (50) feet in the front on 32nd Street extending in depth at an even width 160 feet to the aforesaid fifteen (15) foot alley; And being Lot No. 12 on the Plan of Lots known as Belvoir' in the Borough of Camp Hill, which said plan is recorded in the Recorder's Office of Cumberland County in Plan Book 1, Page 16. BEING the same premises which Michael L. Stone and Kathy G. Stone, husband and wife, by their Deed dated July 29, 1983 and recorded August 2, 1983 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book H-30, Page 887, granted and conveyed unto Matthew Nink An Le and Linda L. Le, husband and wife, Grantors herein. PARCEL #: 01-21-0273-157 PROPERTY ADDRESS: 128 NORTH 32ND STREET File #: 198992 VERIFICATION The undersigned attorney 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. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. DATE:. 1? 9E :Z d bZ OR OR Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 198992 UWE COP'S FROM RE ORL In Ted wWW, I bw vft aft my hwx ? ? ? Sak1 ?t . Pa. , 71. ft- FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION F/K/A FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. MATTHEW NINK AN LE LINDA LOUISE LE F/K/A LINDA L. LE 128 NORTH 32ND STREET CAMP HILL, PA 17011-2919 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Qq -,366(o 0,jVj l - erk CUMBERLAND COUNTY We hereby certify the Within to be a true and correct copy of the original filed of record CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE is File #: 198992 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 #: 198992 Plaintiff is FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION F/K/A FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: MATTHEW N1NK AN LE LINDA LOUISE LE F/K/A LINDA L. LE 128 NORTH 32ND STREET CAMP HILL, PA 17011-2919 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/20/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1814, Page 0674. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2008 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 #: 198992 6. The following amounts are due on the mortgage: Principal Balance $92,915.94 Interest $3,623.24 10/01/2008 through 05/27/2009 (Per Diem $15.16) Attorney's Fees $1,300.00 Cumulative Late Charges $120.46 05/20/2003 to 05/27/2009 Mortgage Insurance Premium / $15.00 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $98,724.64 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $98,724.64 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 #: 198992 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 $98,724.64, together with interest from 05/27/2009 at the rate of $15.16 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. AN & SCHMIEG, LLP j, By: Lawrike T. Whelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Attorneys for Plaintiff File #: 198992 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the North by Lot No. 13 on the hereinafter Plan of Lots by Charles H. Sible; on the East 32nd Street (formerly of Oyster's Point Avenue); on the South by Lot No. 11 on the hereinafter mentioned plan of lots owned now or formerly of Caleb S. Brinton; on the West by a fifteen (15) foot wide alley. CONTAINING fifty (50) feet in the front on 32nd Street extending in depth at an even width 160 feet to the aforesaid fifteen (15) foot alley; And being Lot No. 12 on the Plan of Lots known as Selvoir' in the Borough of Camp Hill, which said plan is recorded in the Recorder's Office of Cumberland County in Plan Book 1, Page 16. BEING the same premises which Michael L. Stone and Kathy G. Stone, husband and wife, by their Deed dated July 29, 1983 and recorded August 2, 1983 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book H-30, Page 887, granted and conveyed unto Matthew Nink An Le and Linda L. Le, husband and wife, Grantors herein. PARCEL #: 01-21-0273-157 PROPERTY ADDRESS: 128 NORTH 32ND STREET File #: 198992 VERIFICATION The undersigned attorney 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. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. 'Me undersigned understands that this statement is made subject to the,penalties of 18 Pa.C.S. Sec. 4404 relating to unsworn falsifications to authorities. DATE:. I ?? X31 k E;1 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff vs. MATTHEW NINK AN LE LINDA LOUISE LE F/K/A LINDA L. LE Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : No. 09-3556-CIVIL TERM V? ? ..y TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with captioned matter. Date: jWWSLI, 9.009 ?Y f ?/vcv, Svc !!. File# 198952p"`:','-- By: Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorneys for Plaintiff Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano Esquire , N4 kP ?Atri??r above FILEO--::i" VE P_ 2 0 0 9 JJ' --7 Aii'110'. 0 ///. 4x, d6 eat f,?-45151 FIRST HORIZON HOME LOANS A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION F/WA FIRST HORIZON HOME LOAN CORP. PLAINTIFF V. MATTHEW NINK AN LE LINDA LOUISE LE F/K/A LINDA L. LE DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (-s ~ -- -` r- ca i ~-'~ ' C.._ 'fir, ~ ;;i - `' N ; c-a -~ ~ ~~ - -~ ~= ~_ , ;~ ~~ NO. 09-3556 CIVIL ?.`' " _~ r.~ ORDER OF COURT AND NOW, this 27"' day of January, 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 February 19, 2010; 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, M. L. Ebert, Jr., J. ~ancis S. Hallinan Attorney for Plaintiffs /f~ilatthew Nink An Le 2477 Berryhill Street Harrisburg, PA 17104-2012 /Matthew Nink An Le Linda Louise Le f/k/a Linda L. Le 128 North 32"d Street Camp Hill, PA 17011 bas ~ £S /rz ~. l l~~ I~~ £3~~d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL . ASSOCIATION F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff, v MATTHEW NINK AN LE LINDA LOUISE LE F/K/A LINDA L. LE Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 09-3556-CIVIL TE AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: m w rrs c ~. As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". .- ^ Lawrence T. Phelan, Esq., Id. No. 32227 [a~rancis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 / ~ ~ o Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. 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