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HomeMy WebLinkAbout13-2559 Supreme Cour -t-of Pennsylvania 4 � Cour Comm o ' .Pleas For Prothonotary Use Only: v Go -et e Shet CY� il EAlYI3Y County Docket No: The hnformalion collected on this form is used solelyfor court administration purposes. 771is form does not supplement or replace the filing and service o ' leadin s or other papers as required by law or rules of court. Commencement of Action: ❑O Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking S Lead Plaintiff s Name: THE BANK OF NEW YORK MELLON Lead Defendant's Name: BRADY LEE J. CORNMAN F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE E HOLDERS OF THE CERTIFICATES, FIRST HORIZON C MORTGAGE PASS - THROUGH CERTIFICATES SERIES FHAMS 2006 -FA8, BY FIRST HORIZON HOME LOANS, A T DIVISION OF FIRST TENNESSEE BANK NATIONAL I ASSOCIATION, MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND O SERVICING AGREEMENT N Dollar Amount Requested: ❑ within arbitration Iimits Are money damages requested? ❑Yes I@ No (Check one) 0 outside arbitration limits A Is this a Class Action Suit? ❑ Yes I@ No Is this an MDJ Appeal? ❑ Yes O No Name of Plaintiff /Appellant's Attorney: Melissa J Cantwell Esq.. Id No 308912 Phelan Hallinan LLP ❑ Check here if yon have no attorney (are a Self - Represented l.Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tott) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not include mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/ Defamation Discrimination C ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board ❑ Other: T I ❑ O ther: O MASS TORT h ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste .. ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent bo'inain/Condemnation ❑ Declaratory Judgmeit } B ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations , ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY El Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Other: ❑ Medical ❑ Other Professional: Pa.R.CP. 205.5 Updated 01/01/2011 CD c m m = ,- m 1 - CO i CD x, n c) t i s Q r; c: f O 17 '% 73 PHELAN HALLINAN, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE COURT OF COMMON PLEAS HOLDERS OF THE CERTIFICATES, FIRST HORIZON MORTGAGE PASS - THROUGH CIVIL DIVISION CERTIFICATES SERIES FHAMS 2006 -FA8, BY FIRST HORIZON HOME LOANS, A DIVISION OF TERM FIRST TENNESSEE BANK NATIONAL ASSOCIATION, MASTER SERVICER, IN ITS NO. JJ l 1 d l CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING CUMBERLAND COUNTY AGREEMENT C/O NATIONSTAR MORTGAGE, LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 Plaintiff V. BRADY LEE J. CORNMAN 226 PROWELL DRIVE CAMP HILL, PA 17011 -1467 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 316430 aqo��� 1. Plaintiff is THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES, FIRST HORIZON MORTGAGE PASS - THROUGH CERTIFICATES SERIES FHAMS 2006 -FA8, BY FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT C/O NATIONSTAR MORTGAGE, LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 2. The name(s) and last known address(es) of the Defendant(s) are: BRADY LEE J. CORNMAN 226 PROWELL DRIVE CAMP HILL, PA 17011 -1467 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 11/28/2006 BRADY LEE J. CORNMAN made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1974, Page 2767 The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2012 and each month thereafter are due and unpaid, and by the terms File #: 316430 of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage Principal Balance $142,494.65 Interest 06/01/2012 through 04/30/2013 $10,080.22 Property Inspections $0.00 Property Preservations $0.00 AppraisalBPO $0.00 Non Sufficient Funds Charge $0.00 Escrow Advance $3,438.94 Subtotal $156,013.81 Suspense Credit $0.00 Escrow Credit $0.00 TOTAL $156,013.81 7. 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. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to File #: 316430 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 $156,013.81 , together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP B , Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff File #: 316430 r LEGAL DESCRIPTION The land referred to in this Commitment is described as follows: ALL THOSE CERTAIN two (2) lots of ground, situate in Hampden Township, Cumberland County, Pennsylvania, separately bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at a pin in the center of the public road leading from Orr's Bridge to Good Hope, said point being 1139.6 feet southward from an iron pin in the center of said public road and lands now or formerly of M.C. Dietz Estate; thence southwardly 71 degrees 14 minutes West 202 feet to a point on the Conodoguinet Creek; thence northwardly along said Conodoguinet Creek 50 feet to a point; thence at right angles and parallel with the southerly boundary line in an easterly direction 202 feet to a point in the center of the public road leading from Orr's Bridge to Good Hope; thence South 19 degrees East along the center line of said public road 50.3 feet to a pin, the Place of BEGINNING. HAVING thereon erected a one -story frame bungalow. TRACT NO. 2: BEGINNING at a pin in the center of the public road leading from Orr's Bridge to Good Hope, said pin being 1139.6 feet southward from an iron pin in the center of said public road and line of lands now or late of M.C. Dietz Estate; thence South 71 degrees 15 minutes West 202 feet to a point at the Conodoguinet Creek; thence southward along the Conodoguinet Creek 50 feet to a point; thence North 71 degrees 15 minutes East 202 feet to a point in the center of the public File #: 316430 road leading from Orr's Bridge to Good Hope; thence along the center of said public road North 50.3 feet to an iron pin in the center of said public road, the Place of BEGINNING. BEING part of the same premises which Sharman E. Smeltz, now known as Sharman E. Liddick and Paul H. Liddick, by deed dated June 27, 1997 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 207, Page 810, granted and conveyed unto David E. Todd and Jennifer L. Todd. PROPERTY ADDRESS: 226 PROWELL DRIVE, CAMP HILL, PA 17011 -1467 PARCEL # 10 -20- 1848 -151 File #: 316430 VERIFICATION Jerrell Menyweather , hereby states that he /she is Limited Vice President of NATIONSTAR MORTGAGE, LLC, servicing agent for Plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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. luJ� ,cam Name: Jerrell Menyweather DATE: Title: Limited Vice - President NATIONSTAR MORTGAGE, LLC File #: 316430 Name: CORNMAN y File #: 316430 FORM 1 IN THE COURT OF COMMON PLEAS THE BANK OF NEW YORK MELLON F /K/A OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES, FIRST C D THE HORIZON MORTGAGE PASS - THROUGH G CERTIFICATES SERIES FHAMS 2006 -FA8, BY FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, MASTER SERVICER, IN ITS ��7} co CAPACITY AS AGENT FOR THE TRUSTEE it C UNDER THE POOLING AND SERVICING AGREEMENT := C:) t 'f Plaintiff(s) 5; 7_ 1 VS. BRADY LEE J. CORNMAN C C Defendants) JJ Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: MAY 0 7 2013 J '�o Date Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CLISTOME111/1"IZINIAMI Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primaa Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 °d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel /re airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. ` "Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) 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 PETtSONS 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 #: 316430 SHERIFF'S OFFKCE OF CUMBERLAND CO~ NT Y Ronny RAnderson F|^ ED-0FF; Sheriff -HE Jody SSmith �~ Chief Deputy - 20~13 °U W -7 ~K |0: 0 | r � � /RiohmrdW Stewart Solicitor OFmceOr THE$VEmpp PENNISYHl8N|/\ The Bank of New York Mellon vs. Case Number Brady Lee J. Connmon | 2013'2559 SHERIFF'S RETURN OF SERVICE 05X09/3013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent �rthe wdhinnamed Defendant hnw�: Brady Lee J. Cornmon. bu was unable bo locate the Oefendamin' the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according tolaw. 05116/2013 10:55 AM-The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of York County upon Brady Lee J. Comman, personally, at 305 Sunrise Drive, Dover, PA 17315. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. 05/29/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry � for the within named Defendant to wit: Brady Lee J. Cornman. but was unable tu locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 226 Prowe|| Drive, Hampden Township, Camp Hill, PA17U11. Residence ievacant. SHERIFF COST: s63.95 SO ANSWERS, June 03, 2013 RbNN�'RANDERSON. SHER|Fp���---- ' wc=ntyauite Sheriff,releosoo Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy,Administration THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK,AS TRUSTEE Case Number FO vs. 13-2559 CIVIL BRADY LEE J. CORNMAN SHERIFF'S RETURN OF SERVICE 05/1612013 10:55 AM-DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM BY"PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: BRADY LEE J. CORNMAN AT 305 SUNRISE DRIVE, DOVER, PA 17315. MICHAEL NOVAN, DEPUTY SHERIFF COST: $38.26 7,oe S, May 29, 2013 RICHARD P KEUERLEBER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal She..+la E.Cook,Notary Public City of York,York County My Commission Expires Feb.1,2017 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES --------------------------------------------------------------- ------------.....------ --------------------------- ----------- Affirmed and subscribed to before me this NOTARY 29TH day of MAY 2013 (c)CountySuite Sheriff,Teleosoft,Inc. (-ILED-OF ICE Lli II PROS HONO D�fj y PHELAN HALLINAN, LLP 2M AUG r4m 10. Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400"'UMBERL A NO COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A CUMBERLAND COUNTY THE BANK OF NEW YORK,AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES, COURT OF COMMON PLEAS FIRST HORIZON MORTGAGE PASS- THROUGH CERTIFICATES SERIES FHAMS CIVIL DIVISION 2006-FA8,BY FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK No. 13-2559-CIVIL NATIONAL ASSOCIATION,MASTER SERVICER,IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT VS. BRADY LEE J.CORNMAN 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 BRADY LEE J.CORNMAN,Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiff's damages as follows: As set forth in Complaint $156,013.81 TOTAL $156,013.81 I hereby certify that(1)the Defendant's last known addresses are 226 PROWELL DRIVE,CAMP HILL, PA 17011-1467 and 305 SUNRISE DRIVE,DOVER,PA 17315-1641,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date ! �� 3 �Grs�✓ Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff DAMAGES ARE JHEREBY ASSESSED AS INDICATED. DATE: PH#81.01.89 PROTHONOTARY ate}�l�.soj�1 C Iui 1-g s1�89-W-q-Pyy PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq.,Id.No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A CUMBERLAND COUNTY THE BANK OF NEW YORK,AS TRUSTEE FOR COURT OF COMMON PLEAS THE HOLDERS OF THE CERTIFICATES, FIRST HORIZON MORTGAGE PASS- CIVIL DIVISION THROUGH CERTIFICATES SERIES FHAMS 2006-FA8,BY FIRST HORIZON HOME LOANS, No. 13-2559-CIVIL A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION,MASTER SERVICER,IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT VS. BRADY LEE J.CORNMAN AFFIDAVIT 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 its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940,. as amended. (b) that defendant BRADY LEE J. CORNMAN is over 18 years of age and has last known addresses at 226 PROWELL DRIVE, CAMP HILL, PA 17011-1467 and 305 SUNRISE DRIVE, DOVER, PA 17315-1641. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ` Phelan Hallinan,LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 810189 Department of Defense Manpower Data Center Results as of:Aug-1 4-2013 12:00:42 SCRA 3.0 Status Repon `gym Pursuant to Scrviccrnembim Civil Relief Act Last Name: CORNMAN First Name: BRADY LEE Middle Name: J Active Duty Status As Of: Aug-14-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA S'is w"�-:7Y�, ++*�.""�zw,e•..+tom �N°�'c. NA .�•.� „�>,� ..... . �.-_: to,., This response reflects the individuals'active duty status based on the Active Duty Status Date t+l F Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Dale Active Duty End Date Status Service Component f "art'e,;, -3..+k: NA NA r This response reflects where the individual left active duty status 367 days preceding the Duty ty Status Date I i , V? 1 � The Member or HistHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA .FNA,i -``y, _ .,;, r,,R'�' ,at No,y-�.� NA 4.3 I This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center;•based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236)-Revised THE BANK OF NEW YORK MELLON CUMBERLAND COUNTY F/K/A THE BANK OF NEW YORK,AS TRUSTEE FOR THE HOLDERS OF THE COURT OF COMMON PLEAS CERTIFICATES,FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006- CIVIL DIVISION FA8,BY FIRST HORIZON HOME LOANS,A DIVISION OF FIRST No. 13-2559-CIVIL TENNESSEE BANK NATIONAL ASSOCIATION,MASTER SERVICER,IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT VS. BRADY LEE J. CORNMAN Notice is given that a Judgment in the above captioned matter has been entered again,,you on Br If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis,Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1.400 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 BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 810189 THE BANK OF NEW YORK MELLON F/K/A THE COURT OF COMMON PLEAS BANK OF NEW YORK,AS TRUSTEE FOR THE CIVIL DIVISION HOLDERS OF THE CERTIFICATES,FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES NO. 13-2559-CIVIL SERIES FHAMS 2006-FA8,BY FIRST HORIZON HOME LOANS,A DIVISION OF FIRST TENNESSEE BANK CUMBERLAND COUNTY NATIONAL ASSOCIATION,MASTER SERVICER,IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff V. BRADY LEE J.CORNMAN Defendant(s) TO: BRADY LEE J.CORNMAN 226 PROWELL DRIVE CAMP HILL,PA,17011- 4467 DATE OF NOTICE: if 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 APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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. 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 ASSOCIATION Cumberland County Courthouse CUMBERLAND COUNTY COURTHOUSE 1 Courthouse Square 2 LIBERTY AVENUE Carlisle,PA 17013 CARLISLE,PA 17013 (717)240-6195 249-3166 By: ?mot ..t 1 nes q.,Id,No.310721 torrlcy for ainti.ff he(an Hi I'inn,LLP 1617 JF�13oulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#810189 THE BANK OF NEW YORK MELLON F/K/A THE COURT OF COMMON PLEAS BANK OF NEW YORK,AS TRUSTEE FOR THE CIVIL DIVISION HOLDERS OF THE CERTIFICATES,FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES NO. 13-2559-CIVIL SERIES FHAMS 2006-FA8,BY FIRST HORIZON HOME LOANS,A DIVISION OF FIRST TENNESSEE BANK CUMBERLAND COUNTY NATIONAL ASSOCIATION,MASTER SERVICER,IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff V. BRADY LEE J.CORNMAN Defendant(s) TO: BRADY LEE J.CORNMAN 305 SUNRISE DRIVE DOVER,PA 17315-1641 z 4'0-1 7" '9 DATE OF NOTICE. f ;7 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 APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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,00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO 14M 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 ASSOCIATION Cumberland County Courthouse CUMBERLAND COUNTY COURTHOUSE 1 Courthouse Square 2 LIBERTY AVENUE Carlisle,PA 17013 CARLISLE,PA 17013 (717)240-6195 249-3166 By: /Zac r I s .,Id.No.310721 AA )I I I e nvi) la tiff al 11, LLP 1617 JFK ulmird,Suite 1400 It One Perin rccimer Plaza Philadelphia,PA 19103 PH#810189 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW COURT OF COMMON PLEAS YORK,AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES, FIRST HORIZON MORTGAGE PASS-THROUGH.CERTIFICATES CIVIL DIVISION SERIES FHAMS 2006-FA8,BY FIRST HORIZON HOME LOANS,A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, NO.: 13-2559-CIVIL MASTER SERVICER,IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff Q-, CUMBERLAND COUNTY V. BRADY LEE J. CORNMAN Defendant(s) To the Prothonotary: e­q —, Issue writ of execution in the above matter: c Amount Due $156:013.81 70 G-) � -G can O Interest from 08/15/2013 to Date of Sale $2,872.80 ($25.65 per diem) Q-r; �� C A c? © C_— c-n b TOTAL Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PH#810189 rA LL 99 O �d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK,AS TRUSTEE FOR THE` . HOLDERS OF THE CERTIFICATES,FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8,BY FIRST HORIZON HOME LOANS,A DIVISION OF FIRST TENNESSEE T BANK NATIONAL ASSOCIATION,MASTER SERVICER,IN ITS CAPACITY AS AGEN FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff V. BRADY LEE J. CORNMAN Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Address where papers may be served: BRADY LEE J.CORNMAN Phelan Hallinan,LLP 305 SUNRISE DRIVE Adam H.Davis,Esq.,Id.No.203034 -DOVER,PA 17315-1641 Attorney for Plaintiff - s; LEGAL DESCRIPTION The land referred to in this Commitment is described as follows: ALL THOSE CERTAIN two(2)lots of ground,situate in Hampden Township,Cumberland County, Pennsylvania,separately bounded and described as follows,to wit: TRACT NO. 1: BEGINNING at a pin in the center of the public road leading from Ores Bridge to Good Hope,said point being 1139.6 feet southward from an iron pin in the center of said public road and lands now or formerly of M.C.Dietz Estate;thence southwardly 71 degrees 14 minutes West 202 feet to a point on the Conodoguinet Creek;thence northwardly along said Conodoguinet Creek 50 feet to a point;thence at right angles and parallel with the southerly boundary line in an easterly direction 202 feet to a point in the center of the public road leading from Orr's Bridge to Good Hope;thence South 19 degrees East along the center line of said public road 50.3 feet to a pin,the Place of BEGINNING. HAVING thereon erected a one-story frame bungalow. TRACT NO.2: BEGINNING at a pin in the center of the public road leading from Orr's Bridge to Good Hope,said pin being 1139.6 feet southward from an iron pin in the center of said public road and line of lands now or late of M.C. Dietz Estate;thence South 71 degrees 15 minutes West 202 feet to a point at the Conodoguinet Creek;thence southward along the Conodoguinet Creek 50 feet to a point;thence North 71 degrees 15 minutes East 202 feet to a point in the center of the public road leading from Orr's Bridge to Good Hope;thence along the center of said public road North 50.3 feet to an iron pin in the center of said public road,the Place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Brady Lee J. Cornman by deed from David E. Todd and Jennifer L. Todd, husband and wife, dated 11127/2006 and recorded 11/3012006 in Deed Book 277, page 3804. PREMISES BEING:226 PROWELL DRIVE,CAMP HILL,PA 17011-1467 PARCEL NO. 10-20-1848-151 PHELAN HALLINAN, LLP UF r r-/C� P170 T110NO Attorneys for Plaintiff rA Adam H. Davis,Esq., Id.No.203034 2913 4LIC S 4/1 to: 1617 JFK Boulevard, Suite 1400 0 ' B�1e8L AND COU One Penn Center Plaza Philadelphia, PA 19103 PEVeS yt VA N1 N r y Adam.Davis@PhelanHallinan.com A 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF COURT OF COMMON PLEAS NEW YORK,AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES,FIRST HORIZON MORTGAGE PASS- CIVIL DIVISION THROUGH CERTIFICATES SERIES FHAMS 2006-FA8,BY FIRST HORIZON HOME LOANS,A DIVISION OF FIRST NO.: 13-2559-CIVIL TENNESSEE BANK NATIONAL ASSOCIATION,MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT CUMBERLAND COUNTY Plaintiff V. BRADY LEE J. CORNMAN Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non-owner occupied the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197,41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By- Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff THE BANK OF NEW YORK MELLON F/K/A THE COURT OF COMMON PLEAS BANK OF NEW YORK,AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES,FIRST HORIZON CIVIL DIVISION MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8,BY.FIRST HORIZON HOME NO.: 13-2559-CIVIL LOANS,A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION,MASTER SERVICER,IN ITS CAPACITY AS AGENT FOR THE TRUSTEE CUMBERLAND COUNTY UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff V. moo X8. BRADY LEE J. CORNMAN r.1 Defendant(s) M Ln t --j q_. AFFIDAVIT PURSUANT To RULE 3129.1 K_C) C C= Ln THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK,AS TRUSTEE FOR THE" 100ER&OF THE CERTIFICATES,FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8,BY DIVISION FIRST HORIZON HOME LOANS,A OF FIRST TENNESSEE SSEE BANK NATIONAL ASSOCIATION,MASTER SERVICER,IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT,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 226 PROWELL DRIVE,CAMP HILL,PA 17011-1467. 1 Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) BRADY LEE J.CORNMAN 305 SUNRISE DRIVE DOVER,PA 17315-1641 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) BRADY LEE J.CORNMAN 305 SUNRISE DRIVE DOVER,PA 17315-1641 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be None. reasonably ascertained, please indicate) 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. PH#810189 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 226 PROWILL DRIVE CAMP HILL,PA 17011-1467 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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. Date: dllm(J By: Phelan Hallinan,LLP Adam H.Davis,Esq.,I&No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Pennr Center Plaza,Philadelphia,PA 19103 215-563-7000 P14# 8101,89 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF COURT OF COMMON PLEAS NEW YORK,AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES,FIRST HORIZON MORTGAGE PASS- CIVIL DIVISION THROUGH CERTIFICATES SERIES FHAMS 2006-FA8,BY FIRST HORIZON HOME LOANS,A DIVISION OF FIRST NO.: 13-2559-CIVIL TENNESSEE BANK NATIONAL ASSOCIATION,MASTER SERVICER,IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING CUMBERLAND COUNTY AGREEMENT Plaintiff VS. rn C= BRADY LEE J. CORNMAN C:) Defendant(s) C) Ei C= .. _4 = NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BRADY LEE J. CORNMAN 305 SUNRISE DRIVE DOVER,PA 17315-1641 "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 226 PROWELL DRIVE,CAMP HILL,PA 17011-1467 is scheduled to be sold at the Sheriff's Sale on 12/0412013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$156,013.81 obtained by THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK,AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES,FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FRAMS 2006-FA8,BY FIRST HORIZON HOME LOANS,A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION,MASTER SERVICER,IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT(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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the fall amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10)days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION The land referred to in this Commitment is described as follows: ALL THOSE CERTAIN two(2)lots of ground,situate in Hampden Township,Cumberland County, Pennsylvania,separately bounded and described as follows,to wit: TRACT NO. 1: BEGINNING at a pin in the center of the public road leading from Orr's Bridge to Good Hope,said point being 1.139.6 feet southward from an iron pin in the center of said public road and lands now or formerly of M.C.Dietz Estate;thence southwardly 71 degrees 14 minutes West 202 feet to a point on the Conodoguinet Creek;thence northwardly along said Conodoguinet Creek 50 feet to a point;thence at right angles and parallel with the southerly boundary line in an easterly direction 202 feet to a point in the center of the public road leading from Orr's Bridge to Good Hope;thence South 19 degrees East along the center line of said public road 50.3 feet to a pin,the Place of BEGINNING. HAVING thereon erected a one-story frame bungalow. TRACT NO. 2: BEGINNING at a pin in the center of the public road leading from Orr's Bridge to Good Hope,said pin being 1139.6 feet southward from an iron pin in the center of said public road and line of lands now or late of M.C. Dietz Estate;thence South 71 degrees 15 minutes West 202 feet to a point at the Conodoguinet Creek;thence southward along the Conodoguinet Creek 50 feet to a point;thence North 71 degrees 15 minutes East 202 feet to a point in the center of the public road leading from Orr's Bridge to Good Hope; thence along the center of said public road North 50.3 feet to an iron pin in the center of said public road,the Place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Brady Lee J. Cornman by deed from David E. Todd and Jennifer L. Todd, husband and wife, dated 11/27/2006 and recorded 11/30/2006 in Deed Book 277, page 3804. PREMISES BEING: 226 PROWELL DRIVE,CAMP HILL,PA 17011-1467 PARCEL NO. 10-20-1848-151 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-2559-CIVIL THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK,AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES,FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8,BY FIRST HORIZON HOME LOANS,A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION,MASTER SERVICER,IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT V. BRADY LEE J. CORNMAN owner(s) of property situate in HAMPDEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 226 PROWELL DRIVE, CAMP HILL,PA 17011-1467 Parcel No. 10-20-1848-151 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $156,013.81 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 2013-2559 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK,AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES,FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8,BY FIRST HORIZON HOME LOANS,A DIVISION OF FIRST TENNESSEE BNAK NATIONAL ASSOCIATION,MASTER SERVICER,IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff(s) From BRADY LEE J.CORNMAN (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: $156,013.81 L.L.:$.50 Interest FROM 08/15/2013 TO DATE OF SALE($25.65 PER DIEM)-$2,872.80 Atty's Comm: Due Prothy: $2.25 Atty Paid:$212.70 Other Costs: Plaintiff Paid: Date: August 15,2013 David D.Buell,Prothonota (Seal) Deputy REQUESTING PARTY: Name:ADAM H.DAVIS,ESQUIRE Address:PHELAN HALLINAN,LLP 1617 JFK BLVD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone:215-563-7000 Supreme Court ID No.203034 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK,AS TRUSTEE FOR THE HOLDERS OF THE PH#810189 CERTIFICATES,FIRST HORIZON MORTGAGE PASS- THROUGH CERTIFICATES SERIES FHAMS 2006-FA8,BY FIRST HORIZON HOME LOANS,A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION,MASTER SERVICER,IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DEFENDANT SERVICE TEAM/lxh BRADY LEE J.CORNMAN COURT NO.: 13-2559-CIVIL SERVE BRADY LEE J.CORNMAN AT: TYPE OF ACTION 305 SUNRISE DRIVE XX Notice of Sheriff's Sale DOVER,PA 17315-1641 SALE DATE: December 4,2013 SERVED Served and made known to BRADY LEE J.CORNMAN,Defendant on the day of 20 13,at 35 o'clock X'Sonally M.,at'94 WO in the manner described below: _Defendant served. ,Adult family member with whom Defendant(s)reside(s). Relationship is * Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _Other: ``,w, u ,, '' Description: Age---t=5 Height v) Weight��Race W Sex V4 Other IT` D a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unsworn falsification to authorities. / r DATE: � NAME:z-"_ `Q 7 _ 4v � PRINTED NAME: ��`•�.�`'pp�� NA TITLE: &WAoz— NOT SERVED On the day of 120_,at o'clock_.M.,1, a competent adult hereby state that Defendant N T O ecause: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP M. W 1617 JFK Boulevard,Suite 1400 € 1 One Penn Center Plaza mil° Philadelphia,PA 19103 C (215)563-7000 �'—` )> r , I ~ Phelan Hallinan, LLP F, . , F 1 Allison F. Zuckerman, Esq., Id. No.309519 b j i �� 1113 1 ORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 P;13 OCT 23 AH 10: L One Penn Center Plaza , Philadelphia, PA 19103 C 'M E L ANO COUNTY allison.zuckerman @phelanhallinan.com FE N N S Y LVA N I A 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A • Court of Common Pleas THE BANK OF NEW YORK, AS TRUSTEE FOR : THE HOLDERS OF THE CERTIFICATES, FIRST : Civil Division HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8, BY • CUMBERLAND County FIRST HORIZON HOME LOANS, A DIVISION • OF FIRST TENNESSEE BANK NATIONAL No.: 13-2559-CIVIL ASSOCIATION, MASTER SERVICER, IN ITS • CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff v. BRADY LEE J. CORNMAN Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 8, 2013. 2. Judgment was entered on August 15, 2013 in the amount of$156,013.81. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 810189 which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 4, 2013. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $142,494.65 Interest Through December 4, 2013 $16,655.81 Legal fees $2,075.00 Cost of Suit and Title $450.96 Property Preservation $994.00 Escrow Deficit $7,253.63 TOTAL $169,924.05 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 11, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. 810189 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: 2? By: = iso F. - Esquire ATTORNEY 6 ' PLAINTIFF 810189 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A • Court of Common Pleas THE BANK OF NEW YORK, AS TRUSTEE FOR : THE HOLDERS OF THE CERTIFICATES, FIRST : Civil Division HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8, BY • CUMBERLAND County FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL • No.: 13-2559-CIVIL • ASSOCIATION, MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff v. BRADY LEE J. CORNMAN Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE BRADY LEE J. CORNMAN executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 226 PROWELL DRIVE, CAMP HILL, PA 17011-1467. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. 810189 In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must 810189 protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 810189 _ Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 810189 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 810189 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 810189 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 810189 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Halli u. . ' DATE: `(�2, : i ` �� p'-erman, Esquire Attorney for Plaintiff 810189 Exhibit "A" 810189 t= - FI '(FiE/LED PROTHOFO,N0CE TARY. PHELAN HALLINAN, LLP 2013 � S j� Attorney for Plaintiff Adam H. Davis,Esq., Id. No.203034 O 1617 JFK Boulevard, Suite 1400CUfiBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 Adarn.Davis@PhelanHallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A CUMBERLAND COUNTY THE BANK OF NEW YORK,AS TRUSTEE FOR . THE HOLDERS OF THE CERTIFICATES, COURT OF COMMON PLEAS FIRST HORIZON MORTGAGE PASS- THROUGH CERTIFICATES SERIES FHAMS CIVIL DIVISION 2006-FA8,BY FIRST HORIZON HOME LOANS, . A DIVISION OF FIRST TENNESSEE BANK No.13-2559-CIVIL NATIONAL ASSOCIATION,MASTER SERVICER,IN ITS CAPACITY AS AGENT FOR . THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT vs. BRADY LEE J.CORNMAN 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 BRADY LEE J.CORNMAN,Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiff's damages as follows: As set forth in Complaint $156,013.81 TOTAL $156,013.81 I hereby certify that(1)the Defendant's last known addresses are 226 PROWELL DRIVE,CAMP HILL, PA 17011-1467 and 305 SUNRISE DRIVE,DOVER,PA 17315-1641,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. z �` �/ Date P/174//3 Z2'` t4 4 /P J % Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff DAMAGES ARE)HEREBY ASSESSED AS INDICATED. DATE: 8//s1/3 A, ' $/15 PH#810189 PROTHONOTARY Ctoja 6114.sopl alf Civa /2 ,e91 810189 4438 p Exhibit "B" 810189 - s PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania October 11'x', 2013 BRADY LEE J. CORNMAN 226 PROWELL DRIVE CAMP HILL, PA 17011-1467 RE: THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK,AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES, FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8, BY FIRST HORIZON HOME LOANS,A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT v. BRADY LEE J. CORNMAN Premises Address: 226 PROWELL DRIVE CAMP HILL, PA 17011 CUMBERLAND County CCP,No. 13-2559-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days, by 10/17/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Allison �. `,uck- , �s d.No.309519 Atton for Plaintiff Enclosure 810189 • fti o n and Phelan Ftallinan,LLP '*o '',.:...-:. 7 - tss 1617 IFK Boulevard,Suite 1400 ri ado One Penn Center Plaza Philadelphia,PA 19103 KVM k iir -.-_-. ... ; Article Number Name of44dreseee,Street,and Postt3flce.Addrem. ^ # '' Postage t�� va �' : . �F,.. +**• BRADY"LEE J.CORNMAN a .. : .. 50:46 226 PROWELLDRIVE 'A t z t CAMP HILL,PA 17011-1467 a a e e BRADY LEE J.CORNMAN . . $0.46 �; ,moo - 305 SUNRISE DRIVE DOVER,PA 17315-1641 '..0,.>*t� . RE:BRADY LEE J.CORNMAN(CUMBERLAND) PH ti 81018411200 Page I of I $0.92 �"Wm*� r aa6a of rote Nn btr orl'iteen l�Oitouturr,ref of The flat&do minoofnbJ istequieda t Ell damcuit tad aMmnNpoat wgist mi mint Then ! fisted by Seede, Rewired a pau to'tta Reoeivott Fmptoyt0 .fortbatmameahoe ofinemo memo***tloo meota mod F.xptcolM Mot dosemot t000astnOtial; �.'`• ,,,;........ time subject to ti limit of 3500,000 perm se. The maximum iadanoib pate on The maim=iodnnnity payiblris$21,000 far rcfa+ured mg.uni»id,ogiottat ittsurwee. _R900 5913 ad 5911 kv drnSsiaas of cowslips , . n 3877 Facsimile t� ms mr S.:it L;;3i ,t,,,,,,,,-,t,,,,,,,,-,L 8101$9 -n. �i. • Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A • Court of Common Pleas THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES, FIRST : Civil Division • HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8, BY • CUMBERLAND County • FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL • No.: 13-2559-CIVIL • ASSOCIATION, MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff v. BRADY LEE J. CORNMAN Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. BRADY LEE J. CORNMAN BRADY LEE J. CORNMAN 226 PROWELL DRIVE 305 SUNRISE DRIVE CAMP HILL, PA 17011-1467 DOVER, PA 17315-1641 Phelan Hallinan, DATE: 1 2 By: L • is• an, Esquire ATTORNE FOR PLAINTIFF 810189 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LI PENNSYLVANIA THE BANK OF NEW YORK MELLON F/K/A • Court of Common Pleas THE BANK OF NEW YORK, AS TRUSTEE FOR : THE HOLDERS OF THE CERTIFICATES, FIRST : Civil Division HORIZON MORTGAGE PASS-THROUGH . CERTIFICATES SERIES FHAMS 2006-FA8, BY : CUMBERLAND County FIRST HORIZON HOME LOANS, A DIVISION . OF FIRST TENNESSEE BANK NATIONAL • No.: 13-2559-CIVIL ASSOCIATION, MASTER SERVICER, IN ITS . CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING , AGREEMENT rrt co `) Plaintiff '" V. <c:; _ >C° BRADY LEE J. CORNMAN .... Defendant RULE AND NOW, this —2-1* day of pcip 6J' 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response 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. /3.4 BY T I COURT - W--- J. 810189 Allison F.Zuckerman,Esq., Id.No.309519 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215) 563-3459 �RADY LEE J. CORNMAN , RADY LEE J. CORNMAN 226 PROWELL DRIVE 305 SUNRISE DRIVE CAMP HILL, PA 17011-1467 DOVER, PA 17315-1641 C.Cir r 5-"`-' 810189 /%.s/i 810189 Eft. NOV 14 AM 10: 05 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A Court of Common Pleas THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES, FIRST Civil Division HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8, BY CUMBERLAND County FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL No.: 13-2559-CIVIL ASSOCIATION, MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff VS. BRADY LEE J. CORNMAN Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 24, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. 81.0189 BRADY LEE J. CORNMAN BRADY LEE J. CORNMAN 226 PROWELL DRIVE 305 SUNRISE DRIVE CAMP HILL, PA 17011-1467 DOVER, PA 17315-1641 WforP DATE: 1 BY Id.No.200392 810189 • IL /• ... Cif THE. PRUTHCNGTAr':1 2013 NOY 18 Ati 9: 140 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A • Court of Common Pleas THE BANK OF NEW YORK, AS TRUSTEE FOR : THE HOLDERS OF THE CERTIFICATES, FIRST : Civil Division HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8, BY : CUMBERLAND County FIRST HORIZON HOME LOANS, A DIVISION . OF FIRST TENNESSEE BANK NATIONAL : No.: 13-2559-CIVIL ASSOCIATION, MASTER SERVICER, IN ITS : CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff vs. BRADY LEE J. CORNMAN Defendant MOTION TO MAKE RULE ABSOLUTE THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES, FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8, BY FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, 810189 MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 23, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 11, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued on October 24, 2013 directing the Defendant to show cause by November 13, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on November 8, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 13, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: /I/4/3 By: John D. o , Esq., Id.No.312244 Attorney for Plaintiff 810189 Exhibit "A 810189 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania October 11th 2013 BRADY LEE J. CORNMAN 226 PROWELL DRIVE CAMP HILL, PA 17011-1467 RE: THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK,AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES,FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8, BY FIRST HORIZON HOME LOANS,A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION,MASTER SERVICER,IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT v. BRADY LEE J. CORNMAN Premises Address: 226 PROWELL DRIVE CAMP HILL,PA 17011 CUMBERLAND County CCP,No. 13-2559-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 10/17/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Alliso uck d,No.309519 Atcrn -- for Plaintiff Enclosure 810189 I 3 l land Phelan Hallinan,LIP 4a . Ins ...0 1617 JFK Boulevard,Suite 1400 b. trader One Penn Center Plaza Philadelphia,PA 19103. KVM 'g Article Number Name of Addressee,Street,and Post Office Address Postage w 69. **** BRADY LEE J.CORNMAN $0.46 n a 226'PROWELLDRIVE lit:1 �zr CAMP HILI,PA 19011-1467 }� o **** BRADY LEE J.CORNMAN $0.46 r rvo°o 305 SUNRISE DRIVE DOVER,PA 17315-1641 ; •t`•!- RE:BRADY LEE J.CORNMAN(CUMBERLAND) PH N 810189/1200 Page 1 of I $0.92 T .f.aifirr`� Pnbee of Total Nanbet of Pits Poomastc,Per Name of The full declaration of Niue h kited by Seada Iteee5,ed at Puss Office Receiving Employee: to the remnsmuetioa of nonnegotiable oa aR tbttnatw and trxmational rcgistetxd owl.Then a...'t.. documents ruder Egxess blal doeu meat teeamruakn 1 piece sabJect so a limit of SSOO,OOe peroo:arrenoe.The maximum indemnity payabk on Expro The maximum indemnity payable is 523:000 fa registered mad,sea web optional insomacc.. 8900 5913 and SP21 For'imitations of coverage. la 3877 Facsimile 5 . . r, , Jyw IA -0 , w +sib 1 810189 L_ Exhibit "B" 810189 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE BANK OF NEW YORK MELLON F/KIA Court of Common Pleas THE BANK OF NEW YORK,AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES, FIRST Civil Division HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8, BY CUMBERLAND County FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL No.: 13-2559-CIVIL ASSOCIATION,MASTER SERVICER,IN ITS ,t- CAPACITY AS AGENT FOR THE TRUSTEE - UNDER THE POOLING AND SERVICING ` AGREEMENT %- -'. Plaintiff '} . V. _..1 BRADY LEE J. CORNMAN Defendant RULE AND NOW,this .day Of f tH 3, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's 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 • J. 810189 Allison F.Zuckerman,Esq.,Id.No.309519 Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 BRADY LEE J. CORNMAN BRADY LEE J. CORNMAN 226 PROWELL DRIVE 305 SUNRISE DRIVE CAMP HILL,PA 17011-1467 DOVER, PA 17315-1641 810189 810189 Exhibit "C" Phelan Hallinan,LLP Justin F. Kobeski,Esq., Id.No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A Court of Common Pleas THE BANK OF NEW YORK,AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES, FIRST Civil Division HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8, BY CUMBERLAND County FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL No.: 13-2559-CIVIL ASSOCIATION,MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff vs. BRADY LEE J. CORNMAN Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 24, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. 810189 . BRADY LEE J. CORNMAN BRADY LEE J. CORNMAN 226 PROWELL DRIVE 305 SUNRISE DRIVE CAMP HILL,PA 17011-1467 DOVER, PA 17315-1641 Phelan Hallman,LL A Aff," DATE: ii 7. BY Justin F: ores i,Esq.,Id.No.200392 Morn for P' ntif 810189 r • • Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A • Court of Common Pleas THE BANK OF NEW YORK, AS TRUSTEE FOR : THE HOLDERS OF THE CERTIFICATES, FIRST : Civil Division HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8, BY : CUMBERLAND County FIRST HORIZON HOME LOANS, A DIVISION : OF FIRST TENNESSEE BANK NATIONAL : No.: 13-2559-CIVIL ASSOCIATION, MASTER SERVICER, IN ITS : CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff vs. BRADY LEE J. CORNMAN Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. BRADY LEE J. CORNMAN BRADY LEE J. CORNMAN 226 PROWELL DRIVE 305 SUNRISE DRIVE CAMP HILL, PA 17011-1467 DOVER, PA 17315-1641 Phelan Hallinan, LLP DATE: ‘1115113 By: -. John D. Kr ,Esq., Id.No.312244 Attorney for Plaintiff 810189 ,ter , H- OTHONOTAt, ,�j� G 1L''J 3 U �.. w PHELAN HALLINAN, LLP Attorney for Plaintiff �t � � Meredith Wooters,Esq.,Id. No.307207 ."U; liERU HD CO 4Ty 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA • One Penn Center Plaza • Philadelphia,PA 19103 Meredith.Wooters@phelanhallinan.com • 215-563-7000 • IN THE COURT OF COMMON PLEAS • OF CUMBERLAND COUNTY,PENNSYLVANIA. • • • • . • • • • THE BANK OF NEW YORK MELLON FfK/A THE CUMBERLAND COUNTY BANK OF NEW YORK,AS TRUSTEE FOR THE . HOLDERS OF THE CERTIFICATES,FIRST COURT OF COMMON PLEAS HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8,BY CIVIL DIVISION FIRST HORIZON HOME LOANS,A DIVISION OF : FIRST TENNESSEE BANK NATIONAL No.: 13-2559-CIVIL ASSOCIATION,MASTER SERVICER,IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff, v. BRADY LEE J.CORNMAN Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". � IA A Ali 1410 F Meredith Wooters,Esq.,I.. o.307207 1 (r 13 Attorney for Plaintiff Date: 1 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#810189 THE BANK OF NEW YORK MELLON F/K/A THE COURT OF COMMON PLEAS BANK OF.NEW YORK,AS TRUSTEE FOR THE HOLDERS OF.THE CERTIFICATES,FIRST HORIZON CIVIL DIVISION. • MORTGAGE PASS-THROUGH CERTIFICATES • SERIES FHAMS 2006-FA8,BY FIRST HORIZON HOME • NO.: 13-2559-CIVIL LOANS,A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION,MASTER SERVICER,IN ITS CAPACITY AS AGENT FOR THE TRUSTEE • CUMBERLAND COUNTY UNDER THE POOLING AND SERVICING AGREEMENT • Plaintiff • • • • • BRADY LEE J. CORNMAN Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK,AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES,FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8,BY FIRST HORIZON HOME LOANS,A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION,MASTER SERVICER,IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT,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 226 PROWELL DRIVE,CAMP HILL,PA 17011-1467. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) BRADY LEE J.CORNMAN 305 SUNRISE DRIVE DOVER,PA 17315-1641 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) BRADY LEE J.CORNMAN 305 SUNRISE DRIVE DOVER,PA 17315-1641 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 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. PH#810189 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 226 PROWELL DRIVE • • CAMP HILL,PA 170114467 .. • COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 CUMBERLAND VALLEY SCHOOL 230 S SPORTING HILL ROAD DISTRICT MECHANICSBURG,PA 17050 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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. Date: k\ l p By Phelan Hallinan,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#810189 $ I 5 ' g o coo a o `4 4" _ `O J : z Li N. et f , tag. ... �j 4 ft ril a ;4. 50 , H , x $ ir . Wy6 I ; I �' " if gob i fi i 5 l' i gill i oi [Ili: .9,i, ,,t iv � 4 o n id .. Lifer ,4 it - . ti fir{ p .41,' .. . . . - Y I l ,t ri s . ` nrn,.z119i-NOV' 04. 2013 c lame and Phelan Hallinan,LLP tit C .ddress 16173FK Boulevard,Suite 1400 .1•n )f Sender One Penn Center Plaza Philadelphia.PA 19103 AZKICET-12104/2413 SALE �� .me Article Number Naniisif Adilre i Sheaf,and Past Oftleearitirtas I **•4 TENANT/OCCUPANT S0°.45 _ 226 PROWELL DRIVE c CAMP HILL,PA 170114467 00 (i� r i 2 arse Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division $0.45 L G 6th Floor,Strawberry Sq. • •Dept 280601 ••ra'xar.i.eio.No Harrisburg,PA 17128 3 as or Department of Public Welfare,TPL Casualty Unit,Estate Recovery Program $0.45 r7 P.O.Box 8486 ;a Wttlew Oak Building . j��. .', ` . Harrisburg,PA 171115 j,•,,.;' 4 a... Do[nestle Relation of $0.45 • Er I • Cumberland County "' • P3IStortliilaaorerStreet . , Catty PA 17413 — : :; • • k' ` . :*1/4'4 ,�tonw.aith at Pennsylvania . 11.4. Department of Welfare • P.O.Box 2675 Harrisburg,PA 1710* a 6 as Internal Revenue Service Advisory I S0.45 1000Libertyy Avenue Poem 704 Pittsburgh,PA 15222 7 rasa U.S.Department of Justice $0.45 U.S..Attorney for the Middle District or FA Federal Building t 228 Walnut Street,Salle 220 PO BOX 11754 e Harrisburg,PA 17108-1754 Ti ;" r kAs . . . } Team s $3.15 ad r. ate Land by .Tanlwanlsr0Pines Psewsslq for yect of Tbe Pad deobrrion dace tWobk tse .radsawateoat:gtrbnd twit Ttw Reseda.,ied+mrity rao Land bySoda Received a Post dace Reece* t fa dammed-actors of oogpeagtiabk dosmena under ecp a Mai dceun<nt creels reetwe(Howse,:b 553.470 pet .,:., . sdeoe vobtaa w.dew ofSPG0,0a)pa oc nsc...1,.......".in.fc4.w,4 wr'nk vnearc„Mul.ucn..odtrc. 3PJ0. The 11a16913m ADdenvdty baste le StS•ada tII esplaceoI aril.ma sea wooed raanx. See(Tammtasbtd Meeed RiUR Pli .M star tertiadtakat oftvv wide. 'arm 3877 Facsimile • •ani Phelan Ilall inan 1.1...P !' Cs :ss ENO, 16:7 JFK Boulevard,Suite 1400 _ _ infer One Penn Center Plata • Philadebhia,PA 19103 KVM ,F: 8,_ I Article Number Name of Addressee,Street,and Prot Office Address Postage 4* • **+*--...'. BRADY LEE J.CORNMAN $0.46 a .'s'w 326 PROWELL DRIVE t ° CAMP HILL,PA 17011-1467 *^ `> "*'° BRADY LEE J.CORNMAN F 50.46 :.:, 305 SUNRISE DRIVE OOVER,PA1i31S-1641 ,, • - RE:BRADY LEE J.CORNMAN(CUMBERLAND) PH NR101891 1200 Page 1of I�.......... t._S0.92 lather of "olel Nembe,of Piwot Pomlaut.Pet Head The fut.declaration asst.n trisitirtitt co sit 1.nae!lir and i ntenwonal immured mad.then d:73s ' :-:-:.4 Wed by Sender 'mewed at Pox Office • i t hag c ) . for he snnunrctinn of aame$giabk dac,rrunfs nadir E,presa Milli.Jacummt racdrdnuction .'"..L1•-r�,.k-L`> • . pane ab}ta lea Unit orSStN,taX,per acmrdxc t ac naaitmm intlaetxty payab een Exae Th.mmciessen indemnity pivots!:is t2S,05O Pas mHrncrvd mail,stmt with aptiaasl ins.o.a• RerQ�i1 t snit$922 IN(Imauiou Qf ees�nge • n 3877�Facsitttile . .. • n •810189 i`s r' %0 T 2313 NO'S 21 AM 9: '3 CUM 3ER LA'N0 C0U.N'T Y PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA THE BANK OF NEW YORK MELLON F/K/A Court of Common Pleas THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES, FIRST Civil Division HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8, BY CUMBERLAND County FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL No.: 13-2559-CIVIL ASSOCIATION, MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff VS. BRADY LEE J. CORNMAN Defendant ORDER AND NOW, this Zo ' day of 141-1kly , 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $142,494.65 Interest Through December 4, 2013 $16,655.81 810189 Legal fees $2,075.00 Cost of Suit and Title $450.96 Property Preservation $994.00 Escrow Deficit $7,253.63 TOTAL $169,924.05 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY TH OUR J. Co 810189 • r Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312171411 FED 25 AM 13: f 2 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 ,,`,, COUNTY One Penn Center Plaza L € tiYLI(My1�� Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A • Court of Common Pleas THE BANK OF NEW YORK, AS TRUSTEE FOR : THE HOLDERS OF THE CERTIFICATES, FIRST : Civil Division HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8, BY : CUMBERLAND County FIRST HORIZON HOME LOANS, A DIVISION : OF FIRST TENNESSEE BANK NATIONAL : No.: 13-2559-CIVIL • ASSOCIATION, MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff v. BRADY LEE J. CORNMAN Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 8, 2013. 2. Judgment was entered on August 15, 2013 in the amount of$156,013.81. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated November 20, 2013, amending the judgment amount to $169,924.05. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit"B". 810189 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 5. The Property is listed for Sheriffs Sale on March 12, 2014. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $142,494.65 Interest Through March 12, 2014 $19,658.69 Legal fees $2,500.00 Cost of Suit and Title $459.44 Property Inspections $48.00 Property Preservation $1,234.00 Appraisal/Brokers Price Opinion $340.00 Escrow Deficit $7,509.74 TOTAL $174,244.52 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on February 24, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 810189 A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Hess entered an order for reassessment dated November 20, 2013. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: Z Z y t/ B l� y: Allir./ /onathan Lobb, Esquire ATTORNEY FOR PLAINTIFF 810189 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A • Court of Common Pleas THE BANK OF NEW YORK, AS TRUSTEE FOR : THE HOLDERS OF THE CERTIFICATES, FIRST : Civil Division HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8, BY : CUMBERLAND County FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL • No.: 13-2559-CIVIL • ASSOCIATION, MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff v. BRADY LEE J. CORNMAN Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE BRADY LEE J. CORNMAN executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 226 PROWELL DRIVE, CAMP HILL, PA 17011-1467. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. 810189 In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must 810189 protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 810189 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 810189 • VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 810189 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 810189 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 810189 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: 272 y he By: / J.•!than Lobb, Esquire Attorney for Plaintiff 810189 Exhibit "A" 810189 PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq.,Id. No.203034 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A CUMBERLAND COUNTY —L. —4 THE BANK OF NEW YORK,AS TRUSTEE FOR m p =" rrn?i THE HOLDERS OF THE CERTIFICATES, COURT OF COMMON PLEAS z -v m FIRST HORIZON MORTGAGE PASS- (4r— — 7 D THROUGH CERTIFICATES SERIES FHAMS CIVIL DIVISION '<z cn 2006-FA8,BY FIRST HORIZON HOME LOANS, < p. =-r1 A DIVISION OF FIRST TENNESSEE BANK • No.13-2559-CIVIL 2 o z x — NATIONAL ASSOCIATION,MASTER —c o • SERVIC ,IN ITS CAPACITY AS AGENT FOR 7' ER ft D THE TRUSTEE UNDER THE POOLING AND ..< SERVICING AGREEMENT "s' ATIORNt FILE COPY BRADY LEE J.CORNMAN PLEASE RETURN 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 BRAD L p Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from ft j U of slid foYxelosure and sale of the mortgaged premises,and assess Plaintiff's damages as follows: PLEASE RETURN As set forth in Complaint $156,013.81 TOTAL $156,013.81 I hereby certify that(1)the Defendant's last known addresses . -• • a` DRIVE,CAMP HILL, PA 17011-1467 and 305 SUNRISE DRIVE,DOVE • • - 641,and(2)that notice has been given in accordance with Rule Pa.R.C.P 23 A ,� ■ b rut ' II Y/ Adam 1. avis, . •., d.No.203034 Attom or P1 ' ' DAMAGES BY ASSESSED AS INDICATED. DATE: I �3 PH#810189 PROTHONOTARY 810189 _ - .- _ -. Exhibit "B" 810189 PRC MOO I 2 I3 NOV 2I AH 9: 33 CUMBERLAND COUN i'{ PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA THE BANK OF NEW YORK MELLON F/K/A Court of Common Pleas THE BANK OF NEW YORK,AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES,FIRST . Civil Division HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8, BY CUMBERLAND County FIRST HORIZON HOME LOANS,A DIVISION . OF FIRST TENNESSEE BANK NATIONAL No.: 13-2559-CIVIL ASSOCIATION, MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff vs. BRADY LEE J. CORNMAN Defendant t , ORDER AND NOW,this•. lay of upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED,that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $142,494.65 Interest Through December 4,2013 $16,655.81 810189 Legal fees $2,075.00 Cost of Suit and Title $450.96 Property Preservation $994.00 Escrow Deficit $7,253.63 TOTAL $169,924.05 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: J. 810189 • Exhibit "C" 810189 • PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania February 14,2014 BRADY LEE J. CORNMAN 226 PROWELL DRIVE CAMP HILL,PA 17011-1467 RE: THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK,AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES, FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8, BY FIRST HORIZON HOME LOANS,A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT v. BRADY LEE J. CORNMAN Premises Address: 226 PROWELL DRIVE CAMP HILL, PA 17011 CUMBERLAND County CCP,No. 13-2559-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 2/20/2014. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly y rs J athan Lobb, Esq., Id,No.312174 Attorney for Plaintiff Enclosure 810189 a • Phelan HaUinae,LLP 'a 1 Address 1617 OK Boulevard,Suite 1400 0 ,� w One Penn Center Plaza O Of Sender Pbiladel;,, PA 19103 J011 P•. :e s #1* - -- and Post Otter Address P0.46 . ' ill Article Number Name Y I4 - Si .:•« "BRADY:LEE,J.CORNMAN 111111111 326 PROWELL DRIVE t S? '-'7,-,,_ '."9‹!Oki- 1 CAMPJI PA 17011-1467 50.46 BRADY LEE J.GURNMAN 30S SUNRISE DRIVE DOVE P�11T 13-1641 Pa t.t of l 5fl.4? �y�1 11.,-a Ca �} n tij Noe 1 RE:BRADY LEE J.CORNMAN CUMBERLAND PH u 9101$9/1200 dtaoae#ic..raimanlipt�d �� TM .,� TbeMIded+noondriNes .., odp A7�daasann> tact a Est r u�� ;* ;gtlMWlim� Re�iwdsePoetfMioa peoe*Medttslp4�et .. .. The ,5„ ,,,ate Pines txted pySesdcr The nations Y P is Ps"� Y K a '+� :. R+JOn 99N ab S421 for luevaieee d l Farm 3877 Facsimile , /, eZ,i Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A •: Court of Common Pleas THE BANK OF NEW YORK, AS TRUSTEE FOR : THE HOLDERS OF THE CERTIFICATES, FIRST : Civil Division HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-FA8, BY • CUMBERLAND County FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL • No.: 13-2559-CIVIL • ASSOCIATION, MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT Plaintiff v. BRADY LEE J. CORNMAN Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. BRADY LEE J. CORNMAN BRADY LEE J. CORNMAN 226 PROWELL DRIVE 305 SUNRISE DRIVE CAMP HILL, PA 17011-1467 DOVER, PA 17315-1641 Phelan Hallinan, LLP DATE: 214/i/y By: JonnLobb Esquire ATTORNEY FOR PLAINTIFF 810189 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE BANK OF NEW YORK MELLON F/KIA - . Court of Common Pleas THE BANK OF NEW YORK, AS TRUSTEE FOR - THE HOLDERS OF THE CERTIFICATES, FIRST : . Civil Division HORIZON MORTGAGE PASS-THROUGH - CERTIFICATES SERIES FHAMS 2006-FA8, BY - . CUMBERLAND County FIRST HORIZON HOME LOANS, A DIVISION • OF FIRST TENNESSEE BANK NATIONAL No.: 13-2559-CIVIL ASSOCIATION, MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT C) r....., Plaintiff _ _c-- --I -ID a m cu = rn I- , --.., v. C/3 r— 1 Z2 O'N BRADY LEE J. CORNMAN M (7, Defendant - - C...) ..- . - AND NOW, this RULE day of M44-e-4 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff s 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 Tr COURT 810189 han Lobb, Esq., Id. No.312174 Phelan Ha Milan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ..../gRADY LEE J. CORNMAN 226 PRO WELL DRIVE CAMP HILL, PA 17011-1467 n"Lc tcct -3/144/1( •••1-3-RADY LEE J. CORNMAN 305 SUNRISE DRIVE DOVER, PA 17315-1641 810189 810189 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff tis�ity ci Irk* Jody S Smith r s Chief Deputy r �! Richard W Stewart Solicitor > � , EE, r [ SIL A!'-IA The Bank of New York Mellon Case Number vs. Brady Lee J. Cornman 2013-2559 SHERIFF'S RETURN OF SERVICE 08/16/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Brady Lee J. Cornman, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of York County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 09/30/2013 08:43 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 226 Prowell Drive, Hampden -Township, Camp Hill, PA 17011, Cumberland County. 09/30/2013 08:43 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 226 Prowell Drive, Hampden -Township, Camp Hill, PA 17011, Cumberland County. 10/21/2013 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of York County upon Brady Lee J. Cornman, personally, at 305 Sunrise Drive, Dover, PA 17315. So Answers: Corey Strine, Deputy, Sheriff. 11/26/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/8/2014 01/07/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/12/2014 03/12/2014 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, 1 Courthouse Square, Carlisle, PA 17013 on March 12, 2014 at 10:00 a.m. He sold the same for the sum of$ 1.00 to Attorney Joseph Schalk, on behalf of, Nationstar Mortgage LLC, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,047.30 SO ANSWERS, June 20, 2014 RONNK R ANDERSON, SHERIFF •OOFd. 04. . so pd L 4/ On August 16, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 226 Prowell Drive, Camp Hill, as Exhibit "A" filed with this writ and by this Reference incorporated herein. 7. Date: August 16, 2013 By: Ci‘s ,/fit 7- Real Estate Coordinator • • LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2013-2559 Civil Term THE BANK OF NEW YORK MELLON vs. BRADY LEE J. CORNMAN Atty.:Joseph Schalk By virtue of a Writ of Execution No. 13-2559-CIVIL,THE BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK,AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES, FIRST HORIZON MORTGAGE PASS- THROUGH CERTIFICATES SERIES FHAMS 2006-FA8,BY FIRST HORI- ZON HOME LOANS,A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION,MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOL- ING AND SERVICING AGREEMENT v.BRADY LEE J.CORNMAN owner(s) of property situate in HAMPDEN TOWNSHIP,CUMBERLAND County, Pennsylvania, being 226 PROWELL DRIVE,CAMP HILL,PA 17011-1467. Parcel No. 10-20-1848-151. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$156,013.81. 41 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: October 11, October 18 and October 25, 2013 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. v` isa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 Notary NC TAFUAL SEAL DE bC Ari A COLLINS Notary Pdblic CAfzUSLE BOROUGH.CUMBERLAND COUNTY ;ty Cem;iissi n Expires Apr 213 20 e� The.Patriot-News Co. 2020 Technology Pkwy be patriot*News Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 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 the Assistant Controller 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. 2013.2559 Clea Term THE; ANK OF NEW YORK MELLON This ad ran on the date(s)shown below: vs. BRADY LEE J.CORNMAN 10/13/13 Amr Joseph Schalk //7 ,/ � By virtue of a Writ of Execution No. 10/20/13 /' o"/ 13-2559-CIVIL , 10/27/13 THE BANK OF NEW YORK MELLON / �� �� / F/K/A THE BANK OF NEW YORK, TRUS> THE HOLDERS AS / — GATES, FIRST �� - HORIZON MORTGAGE PASS- THROUGH CERTIFICATES SERIES PHAMS 2006•FA8,BY FIRST HORIZON Sworn to nd subscribed before me this 11 day of November, 2013 A.D. HOME LOANS, A, DIVISION OF RIO TENNESSEE BANK NATIONAL ASSCCTA11ON, MASTER SERVICER, lIN CAPACITY AS AGENT FOR THEc).. ). TRI)SLEB UNDER THE POOLINGAND N Public SER(CCING AGR + ENT d.. BRADY4ba L E7.CORNMAN owner(s)of property situate in HAMPDEN Cri�2N(�PJ�!�lE, !_ PENNSYLVANIA_r ri"i e3 TOWNSHIP, CUMBERLAND County, Pennsylvania,being Holly Lynn?^° Ici,Notary Public 226 PROWELL DRIVE,CAMP HILL,PA WaSh6r ggto-N C'uphin County 17011-1467 - My Commission Expires Dec.12,2016 Parcel No.10-20.1848-131 MEMBER,PENNSYLVANIA A950 t1 3N OF NOTARIES (Acreage or street address) Improvements thereon: RESlDF,NTIAL juclanleftlikews;tiliou 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Nationstar Mortgage LLC is the grantee the same having been sold to said grantee on the 12th day of March A.D., 2014, under and by virtue of a writ Execution issued on the 15th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 2559, at the suit of Bank of New York Mellon as Trustee for the Holders of the Certificates, First Horizon Mortgage Pass-Through Certificate Series FHAMS 2006FA8 by First Horizon Home Loans, a Division of First Tennessee Bank National Association Master Servicer against Brady Lee J. Cornman is duly recorded as Instrument Number 201415523. IN TESTIMONY WHEREOF, I have hereunto set my hand and eal of said office this /7 day of , A.D. a®/� 4 / ecorder of DeedPAs My C �sion Exp es he F Monday of Jan.2018