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HomeMy WebLinkAbout10-0432Phelan 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 225612 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 V. Plaintiff DONALD EZBIANSKY AKA DONALD J. EZBIANSKY SHERYL EZBIANSKY AKA SHERYL L. EZBIANSKY 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 Defendants FILED--j ?F,012 7 2010 JAN 20 AM 11: 48 AlTy ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. iU -g3oZ, 01ULL? ?I CUMBERLAND COUNTY 9RZ.vo 11t 44y c?+ gaaliy -R :1L 4. Q ?7 File #: 225612 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 225612 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: DONALD EZBIANSKY AKA DONALD J. EZBIANSKY SHERYL EZBIANSKY AKA SHERYL L. EZBIANSKY 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/16/2004 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. 1881, Page 310. By Assignment of Mortgage recorded 03/30/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200909529. 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 09/01/2009 and each month thereafter are due and unpaid, and by the terms File #: 225612 of said mortgage, upon failure of mortgagor to make such payments after a date specified 6. by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $125,671.33 Interest $3,677.36 08/01/2009 through 01/19/2010 (Per Diem $21.38) Attorney's Fees $650.00 Cumulative Late Charges $167.72 09/16/2004 to 01/19/2010 Mortgage Insurance Premium / $30.00 Private Mortgage Insurance Costs of Suit and Title Search Q Subtotal $130,746.41 Escrow Credit $0.00 Deficit $0.00 Subtotal ULM TOTAL $130,746.41 7. 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. 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 File #: 225612 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 $130,746.41, together with interest from 01/19/2010 at the rate of $21.38 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? Lawrence T. Phelan-, Us ., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ?WSheetal udith T. Romano, Esq., Id. No. 58745 R. Shah-Jai, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 225612 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. File #: 225612 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. BEING THE SAME PREMISES WHICH Ronald E. Witmer and Sharon L. Witmer, by deed dated February 6, 1998, and recorded March 2, 1998, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 172, Page 799, granted and conveyed unto Claudia B. Hume, Grantor herein. PARCEL# 13-23-0547-538 File #: 225612 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 unsworn falsifications to authorities. DATE: vo Attorney for Plaintiff File #: 225612 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson rlr Sheriff T}!r' i ?- Ir w d h, ?4?t?tr of cumbr, Jody S Smith Chief Deputy 2Q i 0 JA 12 9 1 Edward L Schorpp Solicitor OFFICE OF THE stisR? f r ?, ; First Horizon Home Loans vs. Donald J. Ezbiansky Case Number 2010-432 SHERIFF'S RETURN OF SERVICE 01/22/2010 05:33 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on January 22, 2010 at 1733 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Donald J. Ezbiansky, by making known unto Sheryl L. Ezbiansky Wde of defendant at 20 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 01/22/2010 05:33 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on January 22, 2010 at 1733 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sheryl L. Ezbiansky, by making known unto herself personally, a- 20 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $57.50 January 25, 2010 SO A O Y R ANDERSON, SHERIFF By. ?kftm of a .C&:a* Deputy Sheriff (c) CountySuite Sheriff, Teleosoft, Inc. r 2010 MAR -2 0 111: 19 tJ? PENNSYCv,4,j A Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal 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 Plaintiff VS. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-432 CIVIL TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 225612 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, 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 ? ourtenay R. Dunn, Esq., Id. No. 206779 [Andrew C. Bramblett, Esq., Id. No. 208375 Date: 2-25-10 PHS #: 225612 r Limited Vice President VERIFICATION Dike 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 unsworn falsification to authorities. DATE: ?) Name: Ike -isher Title: Limited Vice President Company: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION File #: 225612 Ezbiansky I 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 Plaintiff Vs. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-432 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true 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 EZBIANSKY A/K/A DONALD J. EZBIANSKY 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 PHS #: 225612 SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 [Andrew C. Bramblett, Esq., Id. No. 208375 Date: 2-25-10 PHS #: 225612 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 G.-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 FILED i JI? THIE iR?u-rI-:r,tiCTAAPY Attorney fZUCEl iff8 PM 1: 07 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY : CIVIL DIVISION : No. 10-432 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY, and SHERYL EZBIANSKY A/K/A 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 Plaintiffs damages as follows: # I4. oo Po A'rM Cv,w ga0445 ?,X# d38 574 Oolez l As set forth in Complaint $130,746.41 Interest - 01/20/2010 to 03/05/2010 $962.10 TOTAL $131,708.51 I hereby certify that (1) the Defendants' last known ddr ss is 20 COLGATE DRIVE, CAMP HILL. PA 17011-7627, and (2) that notice has ee giv n in accordance with Rule 237. 1, copy attached. _ Lawrence T. Phelan, Esquire - Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheet . Shah-Jani, Esquire eauren R. Davey, Esquire R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Flo Y PHS # 225612 PROTHqAR 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 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 VS. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A HERYL L. EZBIANSKY Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-432 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY is over 18 years of age and resides at 20 COLGATE DRIVE, CAMP HILL, PA 17011-7627. (c) that defendant SHERYL EZBIANSKY A/K/A 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 tot enalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authoritifs. / I ? Lawrence T. Phelan, Esq., Id:-N6. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 /[E:Inine : Romano, Esq., Id. No. 58745 R. Shah-Jani, Esq., Id. No. 81760 . Davey, Esq., Id. No. 87077 R. Tabas, Esq., Id. No.93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (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 EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY CIVIL DIVISION No. 10-432 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on 3 1 -- By: s &ODEPUTY ©xZ If you have any questions concerning this matter please contact: ? 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 omano, Esq., Id. No. 58745 ? ShSsY&l R. Shah-Jani, Esq., Id. No. 81760 nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * 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 COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. DONALD EZBIANSKY, A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY, A/K/A SHERYL L. EZBIANSKY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-432 CIVIL TERM CUMBERLAND COUNTY TO: DONALD EZBIANSKY, A/K/A DONALD J. EZBIANSKY 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 DATE OF NOTICE: February 12, 2010 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. Eff ORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 225612 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 a ARLISLE, PA 17013 X249-3166 By: LaWW 41, an, Esq., Id. No. 32227 Francis S. llinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 PHS 9 225612 FIRST HORIZON HOME LOANS, A DIVISION OF COURT OF COMMON PLEAS FIRST TENNESSEE BANK NATIONAL CIVIL DIVISON ASSOCIATION Plaintiff v NO. 10432 CIVIL TERM CUMBERLAND COUNTY DONALD EZBIANSKY, A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY, A/K/A SHERYL L. EZBIANSKY Defendant(s) TO: SHERYL EZBIANSKY, A/K/A SHERYL L. EZBIANSKY 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 DATE OF NOTICE: February 12, 2010 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. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 225612 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBE COUNTY COURTHOUSE Carlisle, PA 17013 "IBERTY 3 (717) 240-6195 RLI , PA 17013 249-3166 By: Lawfen6 T. P el , Esq., Id. No. 32227 Francis S. Hall , Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 225612 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE COURT OF COMMON PLEAS BANK NATIONAL ASSOCIATION = Plaintiff CIVIL DIVISION v DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/06/2010 to Date of Sale ($21.65 per diem) TOOTAL s 4a4, W po Alr Y 5'1.50 a8 9a. 00 14. oo " a.so $146.00 - Pb AT" Note: Please attach description of property. PHS # 225612 4a.CK> [Sof-OD -5D LL cegal 394 __jZE I.ts r NO. 10-432 CIVIL TERM . CUMBERLAND COUNTY n 73 4 - $131,708.51 -cFn $1,926.85 k o r $134,960.36 Attorney for 1 tit Phelan H in & Lawrece T Phelan, Es Id. No. 32227 Francs S. H inan, E ., Id. No. 62695 Daniel G. Schm , sq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 O U O d 0 d W W H r r ? N Q ? R ? = r?wo r ?w r ? cn W 7' O d Aa 7 d .? A as ,A ? ?H 3 A A ??' ?dO? d U W ?W fflA pU O ? ? W? H At eat o w xa ?? x ? w O? ?D •- ` O N O r?n•n?v???...c-c?+? r?'..oorn?N p? AtipN x00 O C ¢ZO?,?O,"?., N w a' W jr W y w ?3 05 A 03 pa `j,???ti N q 0 4) V- ?A cn 00 N ld re Q !v.;- A A oo©©pppp 40 dap?p Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Defendant(s) Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-432 CIVIL TERM : CUMBERLAND COUNTY • 0 ?.a CERTIFICATION -U [-T" r:i The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in 4 ¢. abote cap 'ed matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage .. ( ) the premises is non-owner occupied r.) ( ) the premises is 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. ? Daniel G. Schmieg, Esq., Id. No. 62205 El Michele M. Bradford, Esq., Id. No. 69849 [I Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 F-1 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 El Jay B. Jones, Esq., Id. No. 86657 [I Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? aime 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 El Andrew C. Bramblett, Esq., Id. No. 208375 By: Attorney jee la' tiff Phelan Han &Sc hmieg, P Lawee T. helan, Esq. d. No. 32227 ? Francis S. Hal ' an, ., Id. No. 62695 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TKNNESSEE BANK NATIONAL ASSOCIATION Plaintiff v. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-432 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 20 COLGATE DRIVE, CAMP HILL, PA 17011-7627. Name and address of Owner(s) or reputed Owner(s): Name DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably -' { ascertained, please so indicate) _ = - ;TI 20 COLGATE DRIVE A ' CAMP HILL, PA 17011-7627 r ' -' x 20 COLGATE DRIVE r CAMP HILL, PA 17011-7627 r ! Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 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) First Horizon Home Loan Corporation 6522 Chapman Highway Knoxville, TN 37920 First Horizon Home Loan Corporation 725 Skippack Pike; Suite 337 C/O: Jason B. Martin, Esquire Blue Bell, PA 19422 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) First Horizon Home Loan Corporation 4000 Horizon Way Irving, TX 75063 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be44ected by the sale: dame Address (if address cannot be ti reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA Cedar Cliff Manor Association P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 18A Colgate Drive Camp Hill, PA 17011-7621 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. March 8, 2010 By: Attorney for lain U,q., Phelan Hal an P ? Lawren T. P No. 32227 ? Francis . Halo. 62695 Daniel G. Scho. 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 r FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION : NO. 10-432 CIVIL TERM : CUMBERLAND COUNTY DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 SHERYL EZBIANSKY A/K/A 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 PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Yourthouse (real estate) at 20 COLGATE DRIVE, CAMP HILL, PA 17011-7627 is scheduled 'i to be sold at the, Sheriff s,Sale on 06102/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $131,708.51 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 aad 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 th rit eJ'ud' e 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.) Y 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the vAlue of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance, with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the `Sheriitf 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 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 A, SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-432 CIVIL TERM FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY owner(s) 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 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $131,708.51 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 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. 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 EML, PA 17011-7627 PARCEL NO. 13-23-0547-538 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-432 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 EZBIANSKY a/k/a DONALD J. EZBIANSKY SHERYL EZBIANSKY a/k/a 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 $131,708.51 L.L.$.50 Interest from 3/6/10 to Date of Sale ($21.65 per diem) -- $1,926.85 Atty's Comm % Due Prothy $2.00 Atty Paid $190.00 Plaintiff Paid Date: 3110110 Other Costs David D. Buell, Proth notary (Seal) REQUESTING PARTY: Name: JOSHUA I. GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 By: Deputy Supreme Court ID No. 205047 SHERlFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~~i~'~ ~ ~ ~' ~ i ~ at~ri ir~,~,~~~~~ FlI.E'f}t~~'i~`E „r ~ i .- , ~ I.^ ~u~Y ~~-~ _ ~ ~,i' ~~ 5'~ ~ ~ s Richard W Stewart Solicitor First Horizon Home Loans vs. Donald J. Ezbiansky (et al.) ~,~z ,. ~.._..~~i~r cure.[[ ~ _,,4 ~`~ ,.c~~.;N~ ~LIR~I~~i~e Lti.~/'lVil`l Case Number 2010-432 SHERIFF'S RETURN OF SERVICE 04/20/2010 06:17 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/20/010 at 1811 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 Donald J. and Sheryl L. Ezbiansky, located at, 20 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania according to law. 04/20/2010 06:17 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/20/10 at 1811 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Donald J. Ezbiansky, by making known unto, Sheryl Ezbiansky, spouse, at, 20 Colgate Drive,Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 04/20/2010 06:17 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/20/10 at 1811 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Sheryl L. Ezbiansky, by making known unto, Sheryl L. Ezbiansky, Personally, at, 20 Colgate Drive,Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/01/2010 Property sale postponed to 9/8/2010. 08/27/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 8/27/10 SHERIFF COST: $675.41 August 27, 2010 SO ANSWERS, ---~-- RON R ANDERSON, SHERIFF ;C) VCU:'i.1 JUllr-. jFP,'"I`; (, 7C2050'i. I'.G. FIRST HC~2IZ0~1 HOME LOANS A DIVISION OF COURT OF COMMON PLEAS FIRST TEll1NESSEE BANK NATIONAL ASSOCIATION Plaintiff _ CIVIL DIVISION v. NO. 10-432 CIVIL TERM DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY CUMBERLAND COUNTY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 20 COLLATE DRIVE, CAMP HILL, PA 17011-7627. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DONALD EZBIANSKY A/I{/A DONALD J. EZBIANSKY SHERYL EZBLAIVSKY A/K/A SHERYL L. EZBIANSKY Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 20 COLLATE DRIVE CAMP HILL, PA 17011-7627 20 COLLATE DRIVE CAMP HILL, PA 17011-7627 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) First Horizon Home Loan Corporation 6522 Chapman Highway Knoxville, TN 37920 First Horizon Home Loan Corporation 725 Skippack Pike; Suite 337 C/O: Jason B. Martin, Esquire Blue Bell, PA 19422 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) First Horizon Home Loan Corporation 4000 Horizon Way Irving, TX 75063 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. NamR and address of every ether 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 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 20 COLLATE DRIVE CAMP HILL, PA 17011-7627 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 Cedar Cliff Manor Association 18A Colgate Drive Camp Hill, PA 17011-7621 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. March 8, 2010 By: - `~ ~ Attorney for lain ff Phelan Hal nan Schmieg, L P ^ Lawren T. P elan, Esq., . No. 32227 ^ Francis .Hall' an, Es d. No. 62695 ^ Daniel G. Schmie , q., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^;Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 fl FIRST HORIZON HOME LOANS, A DIVISION OF FIRST COURT OF COMMON PLEAS TENNESSEE BANK NATIONAL ASSOCIATION CIVIL DIVISION Plaintiff NO. 10-432 CIVIL TERM vs. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY 20 COLLATE DRIVE CAMP-HILL, PA 17011-7627 SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY 20 COLLATE DRIVE ~;' ,;. °; CAMP HILL, PA 17011-7627 **THIS FHtM 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, BJ~'_ ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your.house (real estate) at 20 COLLATE DRIVE, CAMP HILL, PA 17011-7627 is scheduled~to be sold at the, Sheriff's;Sale. on 06702/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street; Carlisle, PA 17013 to enforce the court judgment of $131,708.51 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: , . ~;,'ty 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, posts 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., , , i.. `33~, 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.) O BE ABLE ROPERTY AI\ IES TAKE PLA( I . ' If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. . . 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 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 pi 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 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-432 CIVIL TERM FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY owner(s) 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 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $131,708.51 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard; Suite 1400 Philadelphia, PA 19103 215-563-7000 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. UNDER AND SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions andlor 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 DRNE, CAMP HILL, PA 17011-7627 PARCEL NO. 13-23-0547-538 R FIRST HORIZON HOME LOANS, A DIVISION OF FIRST COURT OF COMMON PLEAS TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff CIVIL DIVISION NO. 10-432 CIVIL TERM vs. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY 20 COLLATE DRIVE '' CAMP HILL, PA 17011-7627 SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY 20 COLLATE 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 PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BTJ~'-QNLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Ypur.house (real estate) at 20 COLLATE DRIVE, CAMP HILL, PA 17011-7627 is scheduled~to be sold a~the;Sheriffls,Sale on 06102/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street; Carlisle, PA 17013 to enforce the court judgment of $131,708.51 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: ~ ti ; w, ~ , f ,~'.. 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 judgmeat~~` 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.) XOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I . ' 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 ca11215-563-7000. 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 pi ' ' 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 SHORT DESCRIPTION By virtue of a Writ of Execution NO.10-432 CIVIL TERM FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY owner(s) 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 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $131,708.51 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 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. LJN-DER AND SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions andlor 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 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff vs. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-432 CIVIL TERM CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY _ , 20 COLLATE DRIVE " CAMP HILL, PA 17011-7627 SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY 20 COLLATE 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 PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B~J~'-ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Yaur.house (real estate) at 20 COLLATE DRIVE, CAMP HILL, PA 17011-7627 is scheduled~to be sold ax the Sheriffls,Sale on 06102/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street; Carlisle, PA 17013 to enforce the court judgment of $131,708.51 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 MAI' 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 ~udgmenf;~~` if the judgment was improperly entered. You may also ask the Court to postpone the sale for goad 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.) U PERTY AND YO ES 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. •If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. , 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule,of ~ '`• distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days. after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance , with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sfieri~ff 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 HAYS 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 SHORT DESCRIPTION By virtue of a Writ of Execution NO.10-432 CIVIL TERM FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY owner(s) 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 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $131,708.51 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 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 paint 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. 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, hlw, 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. 13-23-054?-538 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-432 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 EZBIANSKY a/Wa DONALD J. EZBIANSKY SHERYL EZBIANSKY a/Wa SHERYL L. EZBIANSKY (I) 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 $131,708.51 L.L.$.50 Interest from 3/6/10 to Date of Sale ($21.65 per diem) -- $1,926.85 Atty's Comm % Due Prothy $2.00 Atty Paid $190.00 Other Costs Plaintiff Paid Date: 3/10/l0 David D. Buell, Prothonotary (Seal) By; Deputy REQUESTING PARTY: Name: JOSHUA I. GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD 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 Lower Allen Township, Cumberland County, PA, Known and numbered, 20 Colgate Drive, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: ~,q Rea EstatG~~~ Coordinator \\ ~'`~ ~',~'~. A . ~' ~~~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: 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. Writ No. 2010-432 Civil First Horizon Home Loans vs. Donald J. Ezbiansky Sheryl L. Ezbiansky Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 10-432 CIVIL, FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL AS- SOCIATION vs. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY, SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY, owners of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Penn- sylvania, being 20 COLGATE DRIVE, CAMP HILL, PA 1 70 1 1-762 7. Parcel No. 13-23-0547-538. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $131,708- .51. V ----~ 'sa Marie Coyne, ditor SWO TO AND SUBSCRIBED before me this 0 da o~ April, 2010 _ Notary NOTAR{AL SEAL DEBORAH A COLLINS Notary Public CARLISLE 80ROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 ~, ., ~ . ,~ . ~ . ¢~;;r r ~.. . ,' -. _w -The Patriot-News Co. ' 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 c'~e~latriot News Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 genera{ 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 Writ No. 2010-432 CivllTerm First Horizon Home Loans vs. Donald J. Ezbiansky Sheryl L. Ezbiansky Atty; Daniel Schmieg By virtue of a Writ of Execution N0. 10-432 CIVIL. TERM FIRST HORIIAN HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. DONALD EZBIANSKY A/K!A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K(A SHERYL L. EZBIANSKI' Owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 20 COLGATE DRIVE, CAMP HILL„ PA 17011-7627 Pazcel No.13-23-0547-538 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $131,708.51 This ad ran on the date(s) shown below: / ' .l': ~~% '_'_ Sworn to and Jcribed before me thin; 18,,~y May, 2010 A.D. ~_ ~~ ~ ~-r2._i ___-- r Notary Public ~~wEAL_fN OF PENNSYLVANIA Notarial $eal Sherrie L Kisser, Notary PulNk Lower PaxOOn TWp., Dauphin County MY Commisslpn pqH~ Nov. 26, 2U11 MemUer, PennSyitrani8 Association of Notaries 04/16/10 04/23/10 04/30/10 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-432 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 EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A 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 $131,708.51 L.L. Interest FROM 03/06/2010 TO DATE OF SALE ($21.65 PER DIEM) Atty's Comm % Due Prothy $2.00 Atty Paid $886.91 Other Costs Plaintiff Paid Date: 2/241 D. Buel Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, 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. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE COURT OF COMMON PLEAS BANK NATIONAL ASSOCIATION Plaintill' CIVIL DIVISION v DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/06/2010 to Date of Sale ($21.65 per diem) TOTAL ?) Ll lit) L 1 I rr ? ?a• Gar +. dc1. G O f t SO, ^t / h11 411y W V15 `??GU Gnu ?G pof 105 /150 ot dScj 5 Lll Note: Please attach description of property. PHS # 225612 NO.: 10-432 CIVIL TERM CUMBERLAND COUNTY $131,708.51 C") r--> CD oa $9 807 45 == , . :U rr-? I ?v <= x? as -71 : $141,515.96 MFZ PlstwHail ni' an'& Schmieg, LLP Lawrence T. Phelan, Esq., Id. No 2227 ? Francis S. Hallinan, Esq., Id. . 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 ? Co enay R. Dunn, Esq., Id. No. 206779 drew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 w? o? CO) a Oa U O? O? UW ?U z O H 4 U O CO) d 0 P z W F 0 z a 0 a z O? xa NN WW z dd W 42 a A? 0 W .? O? w A4 w W o a ti A a a a -v z A ? cC h ? ? O c ; O a ?¢ z 7aQ a Aa ? Aa 3 AGO ?oaa z Q' G-IwF4u on WNO 0 N yn O tn r- 00 NN O wl _ M g, g t[pp? MNN?ON hoohMM ;1440 °-)`O9 \O?O p00 OMN Q! C, AqN (6 ? az o oz oz t- t- o o ob oz?° a"bbPz?zzzCzbbybb~z .r D" y W Cr W 1-•1 ?? :,z y y O W r-i ? W !? W •d' ? dr ?" y 'ti °" W Fid d f? W ? ?' ,w r ww'~w gig vGO C7?;ddnG??o'-?? ?UrS w \da ???????????????? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-432 CIVIL TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ______ rn U_ C4_ N cy ?t11 -i z w t a . w= an U --- E ?- U_ CJ. ;Ian Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 2227 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 Andr C. Bramblett, Esq., Id. No. 208375 ison F. Wells, Esq., Id. No. 309519 FWST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-432 CIVIL TERM CUMBERLAND COUNTY PHS # 225612 AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 20 COLGATE DRIVE, CAMP HILL, PA 17011-7627. Name and address of Owner(s) or reputed Owner(s): Name DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 M M ' W r n 20 COLGATE DRIVE -<> S p CAMP HILL, PA 17011-7627 r N X C -q ,? -- ? rY 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) First Horizon Home Loan Corporation 6522 Chapman Highway Knoxville, TN 37920 First Horizon Home Loan Corporation 725 Skippack Pike; Suite 337 C/O: Jason B. Martin, Esquire Blue Bell, PA 19422 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) First Horizon Home Loan Corporation 4000 Horizon Way Irving, TX 75063 First Horizon Home Loan Corporation 201 Granite Run Dr., Suite 130 Lancaster, PA 17601 FHHLC 1555 W. Walnut Hill Ln. #200 WC 6712 Irving, TX 75038 5.. , Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Cedar Cliff Manor Association 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 18A Colgate Drive Camp Hill, PA 17011-7621 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. January 2011 By: rn4+an-U&H"'Nff-& 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 W El ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST COURT OF COMMON PLEAS TENNESSEE BANK NATIONAL ASSOCIATION . CIVIL DIVISION Plaintiff NO.: 10-432 CIVIL TERM VS. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY CUMBERLAND COUNTY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD EZBIANSKY A/K/A DONALD J. rn:n EZBIANSKY z rn rn :zm co rn ?=" n `e SHERYL EZBIANSKY A/K/A SHERYL L. C 1 r ?c? EZBIANSKY r- ?c) 20 COLGATE DRIVE MOW C:) CAMP HILL, PA 17011-7627 = - o * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATIAN GaTAAED 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 ALIEN 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 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $131,708.51 obtained by FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be 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.) ;VEN IF THE SHERIFF'S SALE DOES TAKE PLACE. J 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION , CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ¦ P SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-432 CIVIL TERM FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY owner(s) 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 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $131,708.51 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 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 Bon;;-" 7, Page 14. 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 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. 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 PLAINTIFF FIRST 119RRO ItOM TENNE SEE BANK NA DEFENDANT DONALD EZBIANSKY A/K/A SHERYL EZBIANSKY A/K/A AT: 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY A DIVISION OF FIRST SSOCIATION PHS # 225612 n SERVICE TEAM/ kxc I AL D J. EZBIANSKY COURT NO.: 10-432 CIVIL TERIV RY L. EZBIANSKY Mt-n A/K/A{ DONALD J. EZBIANSKY TYPE OF ACTION QA XX Notice of Sheriffs Sale ;l~ Served and made known to DONAL] A- -oo, o'clock P. M., at 2Q 00L V Defendant personally served. Adult family member with whom 1 Relationship is - Adult in charge of Defendant's resi Manager/Clerk of place of lodging - Agent or person in charge of Defer an officer of sa: SALE DATE: 06/01/2011 Cc; r ? SERVED Defendant on the 13 day of RAO* , 20 ll , qtr' in the manner described below: reside(s). nce who refused to give name or relationship. which Defendant(s) reside(s). rot's office or usual place of business. Defendant's company. ?Jr"c! -CDr o r. r ?tY' 710 r Other: Description: Age n4DS Height r I Weight 160 Race W Sex M Other _ I, NAz-D / d W- , a compe nt adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the otice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indi ated above. Sworn to and subscribed before me this 13 day itJTy` c BURLY C UjZTY of R6, 201f. NO'IARY P01 1C STAR. OF 1`i - ' iERSEY Notary: B My COMMISSION E;: ;1RF.S MARCH 7, 2013 NOTSERVED On the 20 at _ o'clock _. M., Defendant NOT FOUND because: V oes Not E ist _ Moved _ No Answer on at Service Refused Other: Sworn to and subscribed before me this day of By: Notary: Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hai6nan, Esq., Id. No. 62695 Daniel G. Schmdeg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ShttVa1 R Shah-Jani, Esq., Id. No. 81760 Jenne R Davey, Esq., Id. No. 87077 lAuren F- Tabas, Esq., Id. No. 93337 V ivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mukahy, 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 L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bremblelt, Esq., Id. No. 208375 Allison F. Welk, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 One Perm Center at Suburban Station 1617 John F. Kennedy Blvd, Suite 1400 Philadelphia, PA 19103-1814 (215) 56--7000 3 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY 3 FIRST HORIZON HOME LOANS, A ]VISION OF FIRST TENNESSEE BANK NATIONAL ASS CIATION DEFENDANT DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHER L L. EZBIANSKY SERVE SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY AT: 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 Served and made known to SHERYL 5.115 , o'clock r. M., at I I &S V1 ? Defendant personally served. Adult family member with whom 1 Relationship is - Adult in charge of Defendant's resi - Manager/Clerk of place of lodging - Agent or person in charge of Defer an officer of sai Other: Description: Age nn4''d-- c Height I, ?N?.p /Y(dt_, a compe handed a true and correct copy of the ; case on the date and at the address indi SERVED reside(s). PHS # 225612 SERVICE TEAM/ kxc r? y: COURT NO.: 10-432 CIVIL TERIf f- W _ [- TYPE OF ACTION XX Notice of Sheriffs Sale cJ? p a SALE DATE: 06/01/2011 ') C-) C 2d ? the = lay of ?J G - 2011 0 manner described below: , -el nce who refused to give name or relationship. which Defendant(s) reside(s). ant's office or usual place of business. Defendant's company. Weight 160 Race W Sex F Other adult, being duly sworn according to law, depose and state that I personally ce of Sheriffs Sale in the manner as set forth herein, issued in the captioned d above. ,4 W bd W4t,& F-2131A}N1(4 Y - SAY L MO -hp Sworn to and subscribed l a?rr a U-610-65 Q 5,4, 44l tX & Mlsvirz fi before me this j day /( 16 S KI) N" L 'n Notary Y v of FA6 2 Iti, P, `'?1 i n p lb ('!-l PrT On th y 20 ! , at o'clock M., Defendant NOT FOUND because: aca _ Does Not E ist _ Moved _ Does Not Reside (Not Vacant) No Answer on at 1 at _ Service Refused Other: f Y Sworn to and subscribed L before me this day NOI 11t? of By: TALI ?' ^bi, 2013 , ;: N? at? , , , S' 1°+ -- Notary: My COtA ,,S _ --- ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shectal It. Shah-Jani, Esq., Id. No. 81760 lenine R. Davey, Esq., Id. No. 87077 "umn R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 .lay B, Jones, Esq., Id. No. 86657 Peter,l. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 .Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Milky, Esq., Id. No. 308951 One Penn Center at Suburban Station 1617,10. F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 FILED-OFFICE ,OF THE PROTHONOT?aR 2011 APR 12 PM 2: 4 3 CUMBERLAND COUNT`{ PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Court of Common Pleas Civil Division CUMBERLAND County No.: 10-432 CIVIL TERM Defendants RULE AND NOW, this day of 2011, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 225612 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 A146on F Wells PHFfs 0'?o 4 plCg 225612 ? ? - .? -ter F Iu'?: ?iHQNQ6A{i 11 APP 20 Ay, 11: 4, 0 CUMBERLAND COUNTY PENNSYLVANIA 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 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 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff V. CUMBERLAND County DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Defendants No.: 10-432 CIVIL TERM CERTIFICATION OF SERVICE 225612 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of May 2, 2011 was sent to the following individuals on the date indicated below. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 Phelan Hallinan & Schmieg, LLP t? A DATE: -` l By: ? Lawrence . Phe , Esq., Id. No. 32227 ? Francis S. a man, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ?dith 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 225612 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. DONALD EZBIANSKY EZBIANSKY SHERYL EZBLA-NSKY EZBIANSKY Defendant(s) A/K/A DONALD J. A/K/A SHERYL L. CUMBERLAND COUNTY COURT OF COMMON PgAV _2 -- y-n CIVIL DIVISION : 10-432 CIVIL TERN' No . -J -n ri AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each 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 he?to Ex ib' 9z ? Lawrence T. el sq. d. No. 32227 ? Francis S. Hallinan, , Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? dith T. Romano, Esq., Id. No. 58745 2rSheetal 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 \ ( ' Attorney for Plaintiff Date: `t IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 225612 e u. N? i 1 U F a$ ?• M ? a N .r V ... ii b zQ? w E0LSL3aoo,zTA alo io 831 *• _ vq? LLOZ E0 oZ9 . , g v (JI M ? W o g? q q p r. :. d ` CL. r o Q a l U ? U ??„ M n ,? s d E ? 'C MM 7s isi p a 3 a p g t ?f a W- ,S aa p 3 m .? it e a ? N ? 1 b ,? aa ?? p a ..1 ?,? ? ., O .r 3 e e?A. p V H °ee S 0? w L - gs,?e 8 ?•ov?w i O x.? m a x??? mA4 Q O a x3? m ¦ O h x A? moG< q? O t? mA` ILI m a0 ? rry UFj T fl O 88 0 D V? V1 i v Vf a I +. ?° l low ?? in S c z ?Vi W P md ,e? p AU a 8 ?r ¦ N ;; P o ? ts] _ ?h{?1 k l y ?N l C V S w ? V V i ? 1 iN i r .?1. .i . s ok .a ..r N M 'R ?p h 00 O? Cl .~.i .N.1 nMr - in r . C) a? a W o x? ? a 2 ? r ? c U .E i ?aR W ? a0a b L C y ,Q w a 8 v v.' z tc o. La` g e 0 u o n N fff lll ...... ? a? E @ €N s o ?s ? 3aooaz woaa 11-Ilivw N 99ZLLZI7000 ,o _ ? 6LOZ 6Z8VI w4 ZO •• t 09V W ? S g since A3?W. Ammmmwm? ? ? .. c ,817' z ll°? ? ??? ? 6' z E o E E c u g u W ?$$c@ a "? ow?a E' c g u ? ???Ffn N ea w Z a o s o a W a ? a a ?d L ? y C z Lr b H NN ?? d w ao a? ?a z ?3 Z Aa , a? H a .o 7 N z kn v N d ? z3 C r> ? N M ? h ? n 00 O O N r+l <j' ? gg F?+ S N N N SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff _ Tit f??t1 GE ??! Y T? 4"u?f Jody S Smith [ f? Chief Deputy AUG -2 PPI 2, 1, .+' Richard W Stewart 'Jr i3t L( 1 Solicitor i °l; First Horizon Home Loans vs. Case Number Donald J. Ezbiansky (et al.) 2010-432 SHERIFF'S RETURN OF SERVICE 03/10/2011 07:08 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Donald J Ezbiansky at 20 Colgate Drive, Lower Allen Township, Camp Hill, PA 170114, Cumberland County. 03/10/2011 07:08 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Donald J. Ezbiansky, who accepted as "Adult Person in Charge" for Sheryl L. Ezbiansky at 20 Colgate Drive, Lower Allen Township, Camp Hill, PA 170114, Cumberland County. 03/30/2011 Ronald Hoover, Deputy Sheriff, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 20 Colgate Drive, Camp Hill, PA, Cumberland County. 06/01/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County, Courthouse, Carlisle, PA on June 1, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Atty Daniel Schmieg, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $791.34 August 01, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF j 0 0 f d .6;. ?2 FIRST HORIZON HOME LOANS, A DIVISION OF FARS?TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff ' V. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-432 CIVIL TERM CUMBERLAND COUNTY PHS # 225612 AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 20 COLGATE DRIVE, CAMP HILL, PA 17011-7627. 1. Name and address of Owner(s) or reputed Owner(s): Name DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Address (if address cannot be reasonably ascertained, please so 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: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be so]_ Name Address (if address cannot be reasonably ascertained, please indicate) First Horizon Home Loan Corporation 6522 Chapman Highway Knoxville, TN 37920 First Horizon Home Loan Corporation 725 Skippack Pike; Suite 337 C/O: Jason B. Martin, Esquire Blue Bell, PA 19422 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) First Horizon Home Loan Corporation 4000 Horizon Way Irving, TX 75063 First Horizon Home Loan Corporation 201 Granite Run Dr., Suite 130 Lancaster, PA 17601 FHHLC 1555 W. Walnut Hill Ln. #200 WC 6712 Irving, TX 75038 5. ' Name and address of every other person who.has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Cedar Cliff Manor Association 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 18A Colgate Drive Camp Hill, PA 17011-7621 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. January a 2011 <J I By: rRwan?c 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 ? rew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 I FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff VS. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-432 CIVIL TERM CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A 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 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 20 COLGATE DRIVE, CAMP HILL, PA 17011-7627 is scheduled to be sold at the Sheriffs Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $131,708.51 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.) . itll. ?? xxia, anrjrurr -a DALE DUES "I'AKE PLACE. r ? . If the Sheriff s Sale is not'stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ¦ t SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-432 CIVIL TERM FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. DONALD EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY owner(s) 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 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $131,708.51 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 r 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. 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 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-432 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 EZBIANSKY A/K/A DONALD J. EZBIANSKY SHERYL EZBIANSKY A/K/A 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 $131,708.51 L.L. Interest FROM 03/06/2010 TO DATE OF SALE ($21.65 PER DIEM) Atty's Comm % Atty Paid $886.91 Plaintiff Paid Date: 2/2/11 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Deputy Name: ALLISON F. WELLS, 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. 309519 TRUE COPY P1 OU, RECOIRD In Testimony whereof, I here unto set n- ha id and the))>>se??a/i of said Court at Cariisle, PE. This sx/ a [ day of 20 1 f - Prothonotary ik? i E-`j On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 20 Colgate Drive, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: eal Estate Coordinator LS :b V E- Ojj i101 wF. ; CUMBERLAND LAW JOURNAL Writ No. 2010-432 Civil First Horizon Home Loans VS. Donald J. Ezbiansky Sheryl L. Ezbiansky Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-432 CIVIL TERM, FIRST HORIZON HOME LOANS, A DIVI- SION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. DON- ALD EZBIANSKY A/K/A DONALD J. EZBIANSKY, SHERYL EZBIANSKY A/K/A SHERYL L. EZBIANSKY, owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cum- berland County, Pennsylvania, being 20 COLGATE DRIVE, CAMP HILL, PA 17011-7627. Parcel No. 13-23-0547-538. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $131,708- .51. 20 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 22, April 29, and May 6, 2011 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. ---*'??- )L- - U isa Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this da of Ma 2011 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 Z4ePatriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/22/11 C" Vom FkM N~ now Lee" 04/29/11 Ys D06W 05106111 Mr. b-miW6. BY Virtue of a Writ of Execution NO.10 432 QVIL N HOME LOAM, A OFFMSTTMNMEE Sworn to an 9`ubscribed be ore(me t?? a of May, 2011 A.D. $ANICI? Xn0NAL ASSOCLkT1ON ;. -- vs. ? DONALD EZ81ANSW AMA t--- DONALD 7.P.ZBLAN3KY c Notary Public ~ SlIeM gZOLI SKY Arm. S11M L EZB1ANSKY ,Reel(s) efpropL" sftatt in the TowmwpOF LOWER ALLEN, Catttberland Coimhy>pennonhi% td8 COMMONWEALTH OF m DWVF CAW Hfl1, PA ?r? , PEW W- 17011-7627 In le L Klsrw, Notary Public Parad No. 13.23t1547-538 MY Cor Paxton TM'P , DaupfNn Count), mfil?slon "res Nov. 26, 2011 street add. l Member, PennsVlvanla (Arne VC ther Ira eon: gssoclatbn of Notaries DOISIING RMOMM AMOUNT f131,7(f3.51 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the I day of June A.D., 202011, under and by virtue of a writ Execution issued on the 2 day of February, A.D., 202011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 432, at the suit of First Horizon Home Loans, A Division of First Tennessee Bank National Association against Donald Ezbiansky a/k/a Donald J. Ezbianskv and Sheryl Ezbianskv a/k/a Sherryl L. Ezbianskv is duly recorded as Instrument Number 201121371. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of i , A.D. d,-,O L Recorder of eeds Reoor W d 0eeda, Cw bedand County, Cediisle, PA My Commission Expires the Frst Monday of Jan. 2014