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HomeMy WebLinkAbout04-6285FEDERMAN PHELAN, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2001-HE16 3815 SOUTH WEST TEMPLE SALT LAKE CITY, UT 84115-4412 Plaintiff V. MARLENE MANCINI 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.d? -?no?S L/vl? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 101842 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 101842 Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 3815 SOUTH WEST TEMPLE SALT LAKE CITY, UT 84115-4412 The name(s) and last known address(es) of the Defendant(s) are: MARLENE MANCINI 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 02/20/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NORTH AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1724, Page: 473. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 03/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 101842 The following amounts are due on the mortgage: Principal Balance $51,178.70 Interest 4,701.11 02/01/2004 through 12/13/2004 (Per Diem $14.83) Attorney's Fees 1,250.00 Cumulative Late Charges 440.62 02/20/2001 to 12/13/2004 Cost of Suit and Title Search $ 550.00 Subtotal $ 58,120.43 Escrow Credit 0.00 Deficit 2,050.58 Subtotal $ 2,050.58 TOTAL $ 60,171.01 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 60,171.01, together with interest from 12/13/2004 at the rate of $14.83 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERM ELAN, LL By: /s/Fr hcillinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 101842 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at corner of land of William Brown, which point is Ten (10) feet distance from a pin on the bank of the Conodoguinet Creek; thence along the line of said land of William Brown, North Forty-nine (49) degrees West One Hundred (100) feet to a pin at the eastern line of an Eighteen (18) feet wide private road or passageway owned now or formerly of Thomas M. Moyer and Anna M. Moyer; thence along the eastern line of said private road South Twenty-six (26) degrees Forty-five (45) minutes West Seventy-nine (79) and Six tenths (06) feet to a pin at corner lands of Maggie Vogel; thence along said lands of Maggie Vogel, South Sixty-four (64) degrees Forty-five (45) minutes East Ninety-eight (89) feet to a point, which point is Ten (10) feet distant from a pin on the bank of said Conodoguinet Creek; thence along other lands now or formerly of Thomas M. Moyer and Anna M. Moyer, North Twenty-five (25) degrees Fifteen (15) minutes East Fifty (50) feet, more or less, to the PLACE OF BEGINNING. BEING NO. 5435 HILLSIDE LANE File #: 101842 VERIFICATION JEFFREY COLCLOUGH hereby states that he is DOCUMENT CONTROL OFFICER of SELECT PORFOLIO SERVICING mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: ?c?/T v \ - ,iTI (-T 1 -r, ?j PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 3815 SOUTH WEST TEMPLE SALT LAKE CITY, UT 84115-4412 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-6285 CIVIL V. MARLENE MANCINI Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MARLENE MANCINI, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/14/04 to 2/8/05 TOTAL $60,171.01 $845.31 $61,016.32 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQ RE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT . DATE: C', ?J 0 PRO PROTHY PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 Plaintiff Vs. MA, RLENE MANCINI Defendants TO: MARLENE MANCINI 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 DATE OF NOTICE:.IANUARY 25, 2005 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 04-6285 CIVIL TERM FU COPY 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB CUMBERLAND COUNTY MORTGAGE PASS-THROUGH CERTIFICATES, COURT OF COMMON PLEAS SERIES 2001-HE16 3815 SOUTH WEST TEMPLE CIVIL DIVISION NO. 04-6285 CIVIL Plaintiff, v. MARLENE MANCINI Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he 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 Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MARLENE MANCINI is over 18 years of age and resides at, 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DANIEL G. SCHMIEG, ES Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 V. Plaintiff, MARLENE MANCINI Defendant(s). NO. 04-6285 CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. V'7 s DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB CUMBERLAND COUNTY MORTGAGE PASS-THROUGH CERTIFICATES, COURT OF COMMON PLEAS SERIES 2001-HE16 3815 SOUTH WEST TEMPLE CIVIL DIVISION Plaintiff, NO. 04-6285 CIVIL V. MARLENE MANCINI Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 If you have any questions concerning this matter, DANIEL G. SCHMIEG. ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (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 AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 No. 04-6285 CIVIL Plaintiff, V. MARLENE MANCINI Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $61,016.32 Interest from 2/8/05 to JUNE 8, 2005 (per diem -$10.03) TOTAL $1,203.60 and Costs $62,219.92 DANIEL G. CHMIEG, ES IRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. 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. LEGAL DESCRIPTION ALI, THAT CERTAIN tract or parcel of land and premises situate, lying and being in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit BEGINNING at a point at corner of land of William Brown, which point is ten (10) feet distance from a pin on the bank of the Cotiodouguinet Creek; thence along the line of said land of William Brown, North forty-nine (49) degrees West one hundred (100) feet to a pin at the Eastern line of an eighteen (18) feet wide private roast or passageway owned now or formerly of Thomas M. Moyer and Anna M. Moyer; thence along the Eastern line of said private road South twenty-six (26) degrees forty-five (45) minutes West seventy-nine (79) and sits tenths (.06) feet to a pin at corner lands of Maggie Vogel; thence along said lank of Maggie Vogel, South sixty-four (64) degrees forty-five (45) minutes East ninety-eight (98) feet to a point, which point is ten (10) feel distant from a pin on the bank of said Conodogulnet Creek; thence along other lands now or formerly of Thomas M. Moyer and Anna M. Moyer and Anna M. Moyer, North twenty-five (25) degrees fiflteen (15) minutes Fast fifty (50) feet, more or less, to the place of ginning. TITLE TO SAID PE M SES IS VESTED IN Marlene A. Mancini by Deed from Jeffery S. Cohen dated 11/24119912 and recorded 121311992 in Deed Book A-36 Page 373. TAXPARCEL# 10-16-1060-019 PREMISES BEING: 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6285 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U S BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 Plaintiff(s) From MARLENE MANCINI, 5635 HILLSIDE LANE, MECHANICSBURG PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 5635 HILLSIDE LANE, MECHANICSBURG PA 17050 (SEE LEGAL DESCRIPTON). (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 gamishee(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 $61,016.32 L.L. $.50 Interest FROM, 2/8/05 TO 6/8/05 @ $10.03 per diem = $1,203.60 Any's Comm % Due Prothy $1.00 Arty Paid $118.88 Other Costs Plaintiff Paid Date: February 9, 2005 CURTIS R. LONG Prothonotary V i (Seal) By: (- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., STE 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 Plaintiff, V. MARLENE MANCINI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-6285 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2001-HE16, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 5Z 635 HILLSIDE LANE MECHANICSBURG PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name MARLENE MANCINI Last Known Address (if address cannot be reasonably ascertained, please indicate) 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HAMPDEN TOWNSHIP 230 SOUTH SPORTING HILL ROAD MECHANICSBURG. PA 17055 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PAINEWEBBER MORTGAGE FINANCE, INC. P.O. BOX 905 COLUMBIA, MD 21044-0805 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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 l8 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 8, 2005 ez DATE DANIEL G. CHMIEG, ES IRE Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, No. 04-6285 CIVIL SERIES 2001-HE16 Plaintiff, V. MARLENE MANCINI Defendant(s). February 8, 2005 TO: MARLENE MANCINI 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on JUNE 8, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $61,016.32 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in Hampden Township, Cumberland County, Pennsylvania, bounded and describer{ as follows, to wit: BEGINNING at a point at corner of land of William Brown, which point is ten (10) feet distance from a pin on the bank of the Conodouguinet Creek; thence along the tine of said land of William Brown, North forty-nine (49) degrees West one hundred (100) fort to a pin at the Eastern line of an eighteen (18) feet wide private road or passageway owned now or formerly of Thomas M. Moyer and Anna M. Moyer; thence along the Eastern line of said private road South twenty-six (26) degrees forty-five (45) minutes West seventy-nine (79) and six tenths (.06) feet to a pin at corner lank of Maggie Vogel; thence along said lands of Maggie Vogel, South sixty-four (64) degrees forty-five (45) minutes East ninety-cight (98) feet to a point, which point is ten (10) feet distant from a pin on the bank of Said Conodoguinct Creek; thence along other lands now or formerly of Thomas M. Moyer and Anna M. Moyer and Anna M. Moyer, North twenty-five (25) degrees fifteen (15) minutes East fifty (50) feet, more or less, to the place of beginning. TITLE TO SAID PRRMISES IS VESTED IN Marlene A. Mancini by Deed from Jeffery S. Cohen dated 11/24/1992 and recorded 12/311992 in Deed Book A-36 Page 373. TAX PARCEL# 10-16-1060-019 PREMISES BEING: 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050 SHERIFF'S RETURN - REGULAR CASE NO: 2004-06285 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS MANCINI MARLENE HAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MANCINI MARLENE the DEFENDANT , at 2051:00 HOURS, on the 4th day of January , 2005 at 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 MARLENE MANCINI by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.88 Affidavit .00 Surcharge 10.00 Sworn and Subscribed to before me this dy day of A.D. Prothonotary So Answers: R. Thomas Kline 01/05/2005 FEDERMAN & PHELAN By: Deputy Sheriff? SALE DATE: JUNE 8, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF No.: 04-6285 CIVIL THE CSFB MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2001-HE16 VS. MARLENE MANCINI AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given 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 attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice DANIEL SC IE QUIRE Attorn aintiff Apri126, 2005 CUMBERLAND COUNTY U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF No.: 04-6285 CIVIL THE CSFB MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2001-HE16 VS. MARLENE MANCINI AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 2) Plaintiff in the above action, by its attorney, DANIEL SCHMIEG, Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050: 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT P. KLINE, ESQUIRE KLINE LAW OFFICE P.O. BOX 461 NEW CUMBERLAND, PA 17070 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Sec. 4904 relating to nsworn falsification to authorities. /? Attorney for Plaintiff ESQUIRE April 26, 2005 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 Plaintiff, V. MARLENE MANCINI Defendant(s). NO. 04-6285 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES. SERIES 2001-HE16, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 5635 HILLSIDE LANE. MECHANICSBURG. PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name MARLENE MANCINI Last Known Address (if address cannot be reasonably ascertained, please indicate) 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION HAMPDEN TOWNSHIP 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17055 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PAINEWEBBER MORTGAGE FINANCE. INC. P.O. BOX 905 COLUMBIA, MD 21044-0805 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unworn falsification to authorities. February 8, 2005 DATE DANIEL G. CHMIEG, ES IRE Attorney for Plaintiff Nz a? W o a It. ?I o ~O b n? ro mb n 0 z s: r, ? r N ~ Y? ?yo gb nP o°?R g c sx? pp Cy a ^ O? n p r m?. ao 9 ? O i 7qq 6 ` u 4 & g r" 7 3c 6 » J T ? W N r ? a? ¢ o Y ' ro?Qrox O A w ?"db ro Y' tl? w r P V t" ,? o b 0 Cs1 ro O ?C rn d 9 I o kps?s P%, ? ®p*rvcr s 02 IA $00.900 0004300311 APR26 2005 WMAILEDFROMZIP CODE 191 03 a ego "? m a r c N A Z m° 3 a w a ?o a ? T b g° N v? r ;q O s n w ag? $o^ D2' °°'?ga a ? ?,? rya a a?o?P yKQ .nom 3R o a ga ?Q3 a ? ? m ss?a? Ad?? goon 3 n?O2 m ? pS O O z ?' ? m a "?' ? O ?ro N q coo n rr?' ? p ? y trn ? ?3 a'. Gy r n W ? ?° m x b o n ? '? b n 0 b o x ? ? XQz?w g b ? ° o o 2 x y a 'b [Y G ? ? can N x S v U O O ? 9 ? M a b ? O d POST ``- ?^ Q s S v«cvACCnnO zw? `tiJ p5 :® 02 1A 9S p3 0004300377 tPCQOE '.? MMAtt.ED FROM Z 1 i? 11 ,? ?? -, - ", ? -? -- __ ?; .. i?; ?:; U.S. Bank National Association, as Trustee for the Holders of the CSFB Mortgage Pass-Through Certificates, Series 2001-HE16 VS Marlene Mancini In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-6285 Civil Term Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on April 14, 2005 at 3:10 o'clock PM, she served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Marlene Mancini, by making known unto Marlene Mancini, personally, at The Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Kenneth Gossett, Deputy Sheriff, who being duly sworn according to law, states that on April 08, 2005 at 2:50 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Marlene Mancini located at 5635 Hillside Lane, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Marlene Mancini, by regular mail to her last known address of 5635 Hillside Lane, Mechanicsburg, PA 17050. This letter was mailed under the date of April 18, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 15.41 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 19.24 Certified Mail 2.14 Levy 15.00 Surcharge 20.00 Postage .37 Postpone Sale 20.00 Law Journal 288.65 Patriot News 326.98 Share of Bills 16.47 $ 785.76 Sworn and subscribed to before me This /9' day of 2005, A.D. P othonotary ers: R. Thomas Kline," Sheriff BY Real Esta4 Seri geant 1 Sv c.h`,S 108 (?c.• l L S 9t? F U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 Plaintiff, v. MARLENE MANCINI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-6285 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 5635 HILLSIDE LANE. MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name MARLENE MANCINI Last Known Address (if address cannot be reasonably ascertained, please indicate) 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HAMPDEN TOWNSHIP 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17055 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PAINEWEBBER MORTGAGE FINANCE, INC. P.O. BOX 905 COLUMBIA, MD 21044-0805 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unswom falsification to authorities. February 8, 2005 Z2?? DATE DANIEL G. CHMIEG, ES IRE Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 Plaintiff, V. MARLENE MANCINI Defendant(s). CUMBERLAND COUNTY No. 04-6285 CIVIL February 8, 2005 TO: MARLENE MANCINI 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 "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 AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on JUNE 8, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $61,016.32 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE LEGAL DESCRIPTION ALI, THAT CERTAIN tract or pawl of land and premises situate, lying and being in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at comer of land of William Brown, which point is ten (10) feet distance from a pin on the bank of the Conodouguinet Cteek; thence along the line of said land of William Brown, North forty-nine (49) degrees West one hundred (II)I}) feet to a pin at the Eastern line of an eighteen (IS) feet wide privaic road or passageway owned now or formerly of Thomas M. Moyer and Anna M. Moyer; thence along the Eastern line of said private road South twenty-six (26) degrees forty-five (43) minutes West seventy-nine (79) and six tenths (.06) feet to a pin at corm lands of Maggie Vogel; thence along said lands of Maggie Vogel, South sixty-four (64) degrees forty-five (45) minutes East ninety-tight (98) feet to a point, which point is ten (10) feet distant from a pin on the bank of said Comxloguincl Creek; thence along other lands now or formerly of Thomas M, Moyer and Alma M. Moyer and Anna M. Moyer, North twenty-five (25) degrees fifteen (15) minutes East fifty (50) feet, more or less, to the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Marlene A. Mancini by Deed from Jeffery S. Cohen dated 11/24/1992 and recorded 12/3/1992 in Deed Book A-36 page 373. TAX PARCEL# 10-16-1060-019 PREMISES BEING: 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6285 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U S BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 Plaintiff(s) From MARLENE MANCINI, 5635 HILLSIDE LANE, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 5635 HILLSIDE LANE, MECHANICSBURG PA 17050 (SEE LEGAL DESCRIPTON). (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 $61,016.32 L.L. $.50 Interest FROM, 2/8/05 TO 6/8105 @ $10.03 per diem = $1,203.60 Arty's Comm % Due Prothy $1.00 Arty Paid $118.88 Other Costs Plaintiff Paid Date: February 9, 2005 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. CURTIS R. LONG Protho tary By: 04 k Deputy Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., STE 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 XjndaQ sjsg Isad SOOZ `0I tisn.Tgoj :ajsQ •uTazOg pOlsaodaoout aouwoja.i s?ql Xq put, ;t.Tm s?q1 ql?m paIg „d„ i?q?qx3 uo pogT.Tosap .?IIn3 azouz `Bangso?usgoaW `ausZ ap?sII?H 9£9S ss pa.Taqumu pus umoux ? EF) dd `f4unoD puslzaqumD `d?gsumol uopdw ut palsnj?s Cvodoid Iuaa aqp u? Isaaalul s,luspua3ap ? Oql uodn poTnai jji.zogS otg SOOZ `01 Civnlgo j uo ZO# OILS aft,;sg PON Sc :£ d b- 933 SOOZ 33110HS 3111 ?0 3013J0 j THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} as Joseph A. Dennison, being duly sworn according to law, deposes and says: That he 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 26th day(s) of April and the 3rd and 10th day(s) of May 2005. That neither he 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 he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION .................... .. ....... COPY Sworn to and cribed before m s 25th day of ay 20 SALE #2 / ?,e, NOT KRY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 326.98 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... ON& YTAIIE MAS No. @ I.Own IBM r the Ho Aux., HIS 11DIdlIm of tlt0 Any: DOWO SchimiNg DES?E,i1?IQN.... All THAT CERTAIN tract a prcd of laod aodpleuien 030,lying and'bdCm Hm pdn =, CubmlmdCoumy, Amnsylyania, ddemn'tai of ilmmwit l a a po®t ar cma of Ind of William Brown, whicb poW is. ten (10) feet diamae from a pin m the bank of the cawmpmet czeek said batof pPO mErown, Noah My Im (49) deem West ope huodred (100) fat to a pia at the gam lime of a eoem (18) fat wide paivam taad a panwny owned mw a fomiedy of faq fat otlm Inds TITLE M SAID pamIm is veamd m Marlene A. MmcW by Dad from Tottery S. Cohm dad ll/1AIM and tanoded W1992 in Deed 2373. ' 10.16E) Iq. -DEM.. 535 ffddde I.aa, H\f'ato. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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, April 15, 22, 29, 2005 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. isa Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 29 day of April NOTARIAL SEAL V LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 2 Writ No. 2004-6285 Civil U.S. Bank, National Association, as Trustee for the Holders of the CSFB Mortgage Pass-Through Certificates, Series 2001-HE16 vs. Marlene Mancini Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land and premises situate, lying and being in Hampden Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows, to wit: BEGINNING at a point at corner of land of William Brown, which point is ten (10) feet distance from a pin on the bank of the Conodou- guinet Creek; thence along the line of said land of William Brown, North forty-nine (49) degrees West one hundred (100) feet to a pin at the Eastern line of an eighteen (181 feet wide private road or passageway owned now or formerly of Thomas M. Moyer and Anna M. Moyer; thence along the Eastern line of said private road South twenty-six (25) degrees forty-five (45) minutes West seventy-nine (79) and six tenths (.061 feet to a pin at comer lands of Maggie Vogel; thence along said lands of Maggie Vogel, South sixty- four (64) degrees forty-five (45) min- utes East ninety-eight (98) feet to a point, which point is ten (10) feet distant from a pin on the bank of said Conodoguinet Creek; thence along other lands now or formerly of Thomas M. Moyer and Anna M. Moyer and Anna M. Moyer, North twenty-five (25) degrees fifteen (15) minutes East fifty (50) feet, more or less, to the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Marlene A. Mancini by Deed from Jeffery S, Cohen dated 11/24/1992 and recorded 12/3/ 1992 in Deed Book A-36 Page 373, TAX PARCEL #10-16-1060-019, PREMISES BEING: 5635 Hillside Lane, Mechanicsburg, PA 17050. CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 No. 04-6285 CIVIL Plaintiff, V. MARLENE MANCINI Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/8/05 to MARCH 8, 2006 (per diem -$10.03) TOTAL Atty. Fees and Costs $61,016.32 $3,941.79 and Costs $64,958.11 $ 5,019.00 One enn Center at Suburban St ion 1 John F. Kennedy Boulevar Su to 1400 hiladelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. 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. 0 0 r d a o? zF?-. o w a o w a? Hoox a Cz v?FS ? w? w a W.4? W w? Z ?"w°' w° as OF(4.) pt o In a o? zwo`" '? a? 3 w xw ???? ww b b z p coi a U V p d .. V O ? y v _ ? ? i Ns ?l 14 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in llampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at corner of land of William Brown, which point is ten (10) fat distance from a pin on the bank of the Conodouguinet Creek; thence along the line of said land of William Brown, North forty-nine (49) degrees West one hundred (100) feet to a pin at the Eastern litre of an eighteen (18) feet wide private road or passageway owned now or formerly of Thomas M. Moyer and Anna M. Moyer; thence along the Eastern line of said private road South twenty-six (26) degrees forty-five (45) minutes West seventy-nine (79) and six tenths (.06) feet to a pin at corner lands of Maggie Vogel; thence along said lands of Maggie Vogel, South sixty-four (64) degrees forty-five (45) minutes East ninety-eight (98) feet to a point, which point is ten (10) feet distant from a pin on the bank of said Cotwdoguinet Creek; thence along other lands now or formerly of Thomas M, Moyer and Anna M. Moyer and Anna M. Moyer, North twenty-five (25) degrees fifteen (15) minutes East fifty (50) feet, more or less, to the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Marlene A. Mancini by Deed from Jeffery S. Cohen dated 11124/1992 and recorded 1213/1992 in Deed Book A-36 Page 373. TAX PARCEL# 10-16-1060-019 PREMISES BEING: 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6285 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HEI6, Plaintiff (s) From MARLENE MANCINI (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 $61,016.32 L.L. Interest FROM 2/8/05 TO 3/8/06 (PER DIEM - $10.03) -- $3,941.79 AND COSTS Any's Comm % $5,019.00 Arty Paid $917.14 Plaintiff Paid Date: DECEMBER 6, 2005 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Due Protby $1.00 Other Costs Prothonotar By: Deputy Supreme Court ID No. 62205 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 Plaintiff, V. MARLENE MANCINI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-6285 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name MARLENE MANCINI Last Known Address (if address cannot be reasonably ascertained, please indicate) 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HAMPDEN TOWNSHIP 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17055 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PAINEWEBBER MORTGAGE FINANCE, INC. P.O. BOX 905, COLUMBIA, MD 21044-0805 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. December 5, 2005 DATE r ( ri ?? .. -t i-? _ ' n . ,J ;, .. - _? __ _. - ,; ( ,, PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 Plaintiff, V. MARLENE MANCINI Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-6285 CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ?-. C.. U.S. BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, No. 04-6285 CIVIL SERIES 2001-HE16 Plaintiff, V. MARLENE MANCINI Defendant(s). December 5, 2005 TO: MARLENE MANCINI 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 "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 AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 5635 HILLSIDE LANE, MECHANICSBURG PA 17050, is scheduled to be sold at the Sheriffs Sale on MARCH 8, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $61,016.32 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2001-HE16 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE LEGAL DESCRIPTION ALI, THAT CERTAIN tract or parcel of land and premises situate, lying and being in Hampden Township, Cumberland County, Penasylvaoia, bounded and described as follows, to wit: BEGINNING at a point at corner of land of William Brown, which point is ten (10) feet distance from a pin on the bank of the Cooodouguinet Creek; thence along the line of Said lend of William Brown. North forty-nine (49) degrees West one hundred (100) feet to a pin at the Eastern line of an eighteen (18) feet wide private road or passageway owned now or formerly of Thomas M. Moyer and Anna M. Moyer; thence along the lw.astern line of said private road South twenty-six (26) degrees forty-five (45) minutes West seventy-nine (79) and six tenths (.06) feet to a pin at corner lands of Maggie Vogel; thence along said lands of Maggie Vogel, South sixty-four (64) degrees forty-five (45) minutes East ninety-eight (98) feet to a point, which point is tea (10) feet distant from a pin on the batik of said Cowxloguinct Creek; thence along other tends now or formerly of Thomas M. Moyer and Anna M. Moyer and Anna M. Moyer, North twenty-five (25) degrees fifteen (15) mmuces East fifty (50) feet, more or less, to the place of beginning. TrIU To SAID ppXhUS S IS VESTED IN Marlene A. Mancini by Deed from Jeffery S. Cotten dated 11/24/1992 and recorded 12/311992 in Deed Book A-36 Page 373. TAX PARCELff 10-16-1060-019 PREMISES BEING: 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Marlene A. Mancini Bk. No. 1 05-bk-03784 MDF a/k/a Marlene Mancini Debtor Chapter No. 13 U.S. Bank National Association, as Trustee for the Holders of the CSFB Mortgage Pass-Through Certificates, 11 U.S.C. §362 Series 2001-HE16 Movant V. Marlene A. Mancini a/k/a Marlene Mancini Respondent ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of U.S. Bank National Association, as Trustee for the Holders of the CSFB Mortgage Pass-Through Certificates, Series 2001-HE16 (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 5635 Hillside Lane, Mechanicsburg, PA 17050, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and U.S. Bank National Association, as Trustee for the Holders of the CSFB Mortgage Pass-Through Certificates, Series 2001-HE16 may immediately enforce and implement this Order granting relief from the automatic stay By the Cowl, 71 Tian p duage (JK) Dated: November 15, 2005 This electronic order is signed and filed on the same date. AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HF16 DEFENDANT(S) MARLENE MANCINI SERVE MARLENE MANCINI AT 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 Served and made known to MA+2AE'"* vvtAwc l ? i CUMBERLAND COUNTY SMC No. 04-6285 CIVIL ACCT. #4000492100 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 8, 2006 SERVED Defendant, on the (( day of Z?CA" 3u 200-, at o'clock ?.m., at 563S 14i'ki3r 1-4 (Mecu,twicsB??? (' ,Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is ft igyJ) Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age?4 Height c,2 Weight /Z4? C Race w Sex I°` Other I, 'T -S Har4u-> , a competent adult, being duly swom according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. and PASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. iN j..r:r , State ci Ne?v Jersey NOT SERVED PATRICIA E. HARRIS Omission Expires ay o 16, 2008 200_ at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer I't Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 2nd Attempt: Time: Vacant C? {y <? 'n "? .-t ,?? ',:?1 ' ? ?.?_? '?-i ? ? / _"- , .:J . n C t `h) .4? _ C:? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 U.S. Bank National Association, as Trustee for the Holders of the CSFB Mortgage Pass-Through Certificates, Series 2001-HE16 Plaintiff VS. Marlene Mancini Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 04-6285 CIVIL PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on December 15, 2004, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on February 9, 2005 in the amount of $61,016.32. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. A Sheriffs Sale of the mortgaged property at 5635 Hillside Lane, Mechanicsburg, PA 17050 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendant filed a Chapter 13 Bankruptcy at docket number 1:05-03784 on June 7, 2005. The Bankruptcy was dismissed by order of court dated November 15, 2005. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 4. The Property is listed for Sheriffs Sale on March 8, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendant' 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 51,178.70 Interest Through 3/8/06 11,420.63 Per Diem $14.89 Late Charges 440.62 Legal fees 2,500.00 Cost of Suit and Title 1,902.00 Sheriffs Sale Costs 2,285.76 Property Inspections 195.55 Appraisal/BPO 550.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits -350.33 Escrow Deficit 6,894.06 TOTAL $77,016.99 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallman y&?Schmieg, LLP Date: -2 7 Oc By: rte- 'ez , /- ? xo(? Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 U.S. Bank National Association, as Trustee for the Holders of the CSFB Mortgage Pass-Through Certificates, Series 2001-HE16 Plaintiff VS. Marlene Mancini ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 04-6285 C17VIL Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES L BACKGROUND OF CASE Defendant 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 5635 Hillside Lane, Mechanicsburg, PA 17050. The Mortgage indicates that in the event 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. 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. 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 Sheriff's sale has been requested. III. 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. IV. ATTORNEY'S 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). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v Feiner, 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). Recently, 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. CificgM v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. 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 Comoration of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). 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 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 mortgagors 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. VI. 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 Hallman & Schmieg, LLP DATE: By: ?? r C C y?i ?.? Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" FF.DERMAN PHELAN. LIT LAWRENCE 'L PIIEL.AN, ESQ., Id. No. 32227 FRANCIS S. IIALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 X5)_563-7000 - - --- - U.S. BANK NATIONAL ASSOCIATION, AS I RUSTLE FOR'I'HF IIOLDF.RS OF'EIIECSFB MORT(;AGF: I'ASS- 'TI IROU(ill CI;R'I'II?ICA'I'ES, SERIES 2001-I II116 3815 SOIFI'II WEST I'EMPI.L SALT LAKE CITY, UT 84115-4412 Plaintiff AtTORNFY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. (nU - 4,dZQS v. MARLENE MANCINI 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 Defendant CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE; You have been sued in court. If you wish to deA e (fl an6t i73e',WWrns set torth 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 he entered against you by the court without further notice for any money claimed in the complaint of for any other claim or relief reyucsted by the plaintiff. You may lose money or property or other rights important to you. YOU SHOUI.D'TAKI-,TIIIS PAPER'TO YOUR LAWYER A TONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SEl' FOR I'll BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION AI301JT HIRING A LAWYER. IF YOU CANNOT AFFORD TO FARE A LAWYFR,'THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO F,LIGIBLE PERSONS AT A REDUCED FIT: OR NO FF.E. Lawyer Referral Service ` _ - Cumberland County B ar As's'ociation AI ?%7 32 South Bedford Street `'•;. - - Carlisle, PA 17013 (800)990-9108 Pile h. 101842 FEDERMAN PI(ELAN. LIT LAWRENCE. T. PIIELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, F.SQ_, Id. No. 62695 ONE PENN CENTER PLAZA, SUI FF 1400 PHILADFLPHIA, PA 19103 5)563-7000__ U.S. [SANK NATIONAL ASSOCIATION, AS TRUS I IT FOR'II IF HOLDERS OF] I IE ('SFB MORTGA(;F PASS- THROUGH CERTIFICATES, SERIFS 2001-111,16 3815 SOU-1-11 WEST"ITMPLL SAL f LAK F. CITY. UT 84115-4412 Plaintiff v- MARLENE MANCINI 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 Defendant AI"I'ORNF:Y FOR PLAIN FIFF LOUR"I' OF COMMON PLEAS CIVIL DIVISION I ERM NO CUMBERLAND COUNTY CIVIL ACTION - LAW CODIPLAINC IN MORTGAGE FORECLOSURE 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 AC ONCE- IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE- Lawyer Referral Service Cumberland County liar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 ai 4'LI SiE': se. tai' i< (; 1 {?%`I u i'i1;lfi(t i Mai i?{ Uwti File #. 101942 IF TIIIS IS I'IICs FIRST N04 ICE I'1{A f N'OU I[AN E RECEIN ED FROM] HIS OFFICE, [IF. AIWISF,D THAT: PURSUANT TO TIIE: FAIR DEBT COLLECTION PRACTICES ACC, 15 U.S.C. § 1692 cl scy. (1977), DEFENDANT(S) MAN DISPUTE -THE VALIDITY OF 'THE DEB'I' OR ANY POR'CION TIIF.REOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN 'THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OB'T'AIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED INTHIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File 4 . 101842 Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE I IOLDP.RS OI l1IL CShB MOR"CGAGI? PASS THKOUGII ('1 1l "III,IC'AI I:S, Sliltll{S 2001-Illil6 3815 SOU I'll 1VEST "I FMPLE SAI.I 1.AKLCII`A'AJf 54115-4112 2_ fhe name(s) and last known address(es) of the Defendant(s) are_ MARLENE MANCINI 5635 HILLSIDE LANE MECIIANIC'SBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 02/20/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NORTH AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No_ 1724, Page: 473. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4_ 'file 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 0310112004 and each month thereafter are due and unpaid, and by the terns of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. file #: 101842 6_ 1 he tilllowing amounts are due on file mortgage - Principal Balance $51,178.70 Interest 4,701.1 1 02 01 2004 thiaugh 12%1312001 (Per Diem $14.83) Vloilic? , fees 1,2 Cuuullaf ive Late Charges 440.62 02/20/2001 to 12/13/2004 Cost of Suit and Title Search $ 550.00 Subtotal $ 58,120.43 Escrow Credit 0.00 Deficit 2,050.58 Subtotal $ 2,050.58 TOTAL $ 60,171.01 T The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8_ Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 60,171.01, together with interest from 12/13/2004 at the rate of $14.83 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDF,RMAN ELAN, LI?' ?' & /,p?y??? ?Tt?f By: /s/Fral c s S. Hallinan _ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 101842 LEGAL DESCRIPTION ALL I I IAT CERTAIN tract or parcel of land and premises situate, lying and being in lfampdcn Township, Cumberland County, Pennsylvania, hounded and described as follows, to wit: If[ 61NNING at a point at corner of land of Williann Brown, which point is jell (10) feet distaucc nom a pill on the bank of the Conodoguinct Creek; thence along the line of said land of William Brown, North Forty-nine (49) degrees West One Hundred (100) feet to a pin at the eastern line of an Eighteen (I8) feet wide private road or passageway owned now or formerly of"Thomas M. Moyer and Anna M. Moyer; thence along the eastern line of said private road South Twcnty-six (26) degrees Forty-five (45) minutes West Seventy-nine (79) and Six tenths (06) feet to a pin at comer lands of Maggie Vogel; thence along said lands of Maggie Vogel, South Sixty-four (64) degrees Forty-five (45) minutes East Ninety-eight (89) feet to a point, which point is Ten (10) feet distant from a pin on the bank of said Conodoguinet Creek, thence along other lands now or formerly of Thomas M. Moyer and Anna M. Moyer, North Twenty-five (25) degrees Fifteen (15) minutes East Fifty (50) feet, more or less, to the PLACE OF BEGINNING. BEING NO. 5435 IiILLStDE LANE Fite 4 . 101842 VERIFICATION JEFFREY COLCLOUGH hereby states that he is DOCUMENT CONTROL OFFICER of SELECT PORFOLIO SERVICING mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of l8 Pa_ C.S. Sea 4904 relating to unsworn falsification to authorities. DATE: l ?? 7` Exhibit "B" ?IELAN IIALLINAN & SCHMIEG, L.L.P. By: DANIELG.SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 I'll (LADE LPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 3815 SOUTH WEST TEMPLE SALT LAKE CITY, UT 84115-4412 Plaintiff, V. MARLENE MANCINI • CUMBERLAND COUNTY ii COURT OF COMMON PLEAS '-? CIVIL DIVISION NO. 04-6285 CIVIL r Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MARLENE MANCINI, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/14/04 to 2/8/05 TOTAL, $60,171.01 $845.31 $61,016.32 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQ RE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: PRO PROTHY vi. hibit ??C,? E IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Marlene A. Mancini Bk. No. 1 05-bk-03764 MDF a/k/a Marlene Mancini Debtor Chapter No. 13 U.S. Bank National Association, as Trustee for the Holders of the CSFB Mortgage Pass-Through Certificates, 11 U.S.C. §362 Series 2001-HE16 Movant V. Marlene A. Mancini a/k/a Marlene Mancini Respondent ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of U.S. Bank National Association, as Trustee for the Holders of the CSFB Mortgage Pass-Through Certificates, Series 2001-ME16 (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 5635 Hillside Lane, Mechanicsburg, PA 17050, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and U.S. Bank National Association, as Trustee for the Holders of the CSFB Mortgage Pass-Through Certificates, Series 2001-HE16 may immediately enforce and implement this Order granting relief from the automatic stay By the Cowt, 7414 Mq? Ban p Badge OR) Dated: November 15, 2005 This electronic order is signed and filed on the same date. VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: By:7 GCie 7;-17 ?C3 Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 U.S. Bank National Association, as Trustee for the Holders of the CSFB Mortgage Pass-Through Certificates, Series 2001-HE16 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County VS. Marlene Mancini Plaintiff Defendant No. 04-6285 CIVIL 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. Marlene Mancini 5635 Hillside Lane Mechanicsburg, PA 17050 Phelan Hallman & Schmieg, LLP DATE: 2? _J7 O6 By: 3o?? Michele M. Bradford, Esquire Attorney for Plaintiff f.. n., y ?...? -r d " ?... f.tl ...' ?_. .. ? _` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. Bank National Association, as Trustee for the Court of Common Pleas Holders of the CSFB Mortgage Pass-Through Certificates, Series 2001-HEI6 Civil Division Plaintiff VS. Marlene Mancini Defendant RULE Cumberland County No. 04-6285 CIVIL AND NOW, this day of 2006, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Rule Returnable on the dayof /*`"",,, 3 2006, at 11'04 ?in the bfai% Courtroom of the Cumberland County Courthouse, Carlisle, J. Zt'D 1Ni a"3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Any. I.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 U.S. Bank National Association, as Trustee for the Holders of the CSFB Mortgage Pass-Through Certificates, Series 2001-HE16 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 04-6285 CIVIL vs. Marlene Mancini CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of March 3, 2006 has been served upon the following persons: Marlene Mancini 5635 Hillside Lane Mechanicsburg, PA 17050 Date: 2 U Attorney for Plaintiff PHELAWLINAN SCHMIEG,LLP By: ford, Esquire ??, r•,?. ?. wa ayeBelM B 4wn90 we peoy c U.S. Bank National Association, as Trustee for the Holders of the CSFB Mortgage Pass-Through Certificates Series 2001-HE16 VS Marlene Mancini The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-6285 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2006 at 1:26 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Marlene Mancini, by making known unto Marlene Mancini, personally, at 5635 Hillside Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2006 at 1:26 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Marlene Mancini, located at 5635 Hillside Lane, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Marlene Mancini, by regular mail to her last known address of 5635 Hillside Lane, Mechanicsburg, PA 17055. This letter was mailed under the date of January 10, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Schmieg. Sheriffs Costs Docketing 30.00 Poundage 16.15 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Mileage 9.68 Surcharge 20.00 Law Library Prothonotary 1.00 Share of Bills 21.05 Law Journal 347.00 Patriot News 328.40 Postage .74 Certified Mail 4.64 $823.66 Sworn and subscribed to before me This 2006, A.D. R. Thomas Kline, Sheriff BYIJ ? d-k-j 61 Real Estate Sergeant ??,J h 10/ 7 dr'z?,, /'7?}J"73 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 Plaintiff, V. MARLENE MANCINI Defendant(s). NO. 04-6285 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name MARLENE MANCINI CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Last Known Address (if address cannot be reasonably ascertained, please indicate) 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HAMPDEN TOWNSHIP 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17055 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PAINEWEBBER MORTGAGE FINANCE, INC. P.O. BOX 905, COLUMBIA, MD 21044-0805 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unswom falsification to authorities. December 5, 2005 DATE U.S. BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, No. 04-6285 CIVIL SERIES 2001-HE16 Plaintiff, V. MARLENE MANCINI Defendant(s). December 5, 2005 TO: MARLENE MANCINI 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 "*THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAYE PREYIOUSLYRECEIYED A DISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at, 5635 HILLSIDE LANE, MECHANICSBURG PA 17050, is scheduled to be sold at the Sheriffs Sale on MARCH 8, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $61,016.32 obtained by U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2001-HE16 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE LEGAL DESCRIPTION ALI, THAT CERTAIN tract or parcel of land and premises situate, lying and being in Ilampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at corner of land of William Brown, which point is tan (10) feet distance from a pin on the bank of the Coaodouguinet Creek; thence along the line of said land of William Brown. North forty-nine (49) degrees West one hundred (10D) feet to a pin at the Eastern line of an eigbtcen (18) feet wide privaic road or passageway owned now or formerly of Thomas M. Moyer and Anna M. Moyer; thence along the PAstern line of said private road South twenty-six (26) degrees forty-Ove (45) m runes West severity-nine (79) and six tenths (.06) feet to a pin at oor= lands of Maggie Vogel; thence along said lands of Maggie Vogel, South sixty-four (64) degrees forty-five (45) minutes East ninety-eight (98) reef to a. point, which point is test (10) feet distant frtzm a pin on the bank of said Conodoguiaet Creek; thence along other lands now or formerly of Thomas M, Moyer and Alma M. Moyer and Arena M. Moyer, North twenty-five (L5) degrees fifteen (15) mitims East fifty (50) feet, more or less, to the place of beginning. TAE TO SAID PREMISES IS VESTED IN Marlene A. Mancini by Deed from Jeffery S. Cohen dated 11/24/1992 and recorded 12/311992 in Deed Book A-36 Page 373. TAX PARCEL# 10-16-1060-019 PREMISES BEING: 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6285 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16, Plaintiff (s) From MARLENE MANCINI (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 die 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 $61,016.32 L.L. Interest FROM 2/8/05 TO 318106 (PER DIEM - $10.03) -- $3,941.79 AND COSTS Atty's Comm % $5,019.00 Any Paid $917.14 Plaintiff Paid Due Prothy $1.00 Other Costs Date: DECEMBER 6, 2005 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Proth J! By: Deputy Supreme Court ID No. 62205 Real Estate Sale # 42 On December 12, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 5635 Hillside Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 12, 2005 By. _i t,`(bVY? Real Estate Sergeant EE SE d L- 330 SOU CW om JAWNS Ni J0 3? AA00 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 Michael Morrow, being duly swom according to law, deposes and says: That he is the 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2006. That neither he 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 he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#42 REAL ESTATE SALE No. 42 Writ No. 2004$285 CMI Term U.S. Sank Ratbrrel Assxletlon, asTrusese for the Holders of the CSFB Mort~ Pass-Through Caftftatsa, Serbs 200MEIS Vs MW1WWMWWM Atty. Denbl Sdxnbg ?IPTION ALL 11W vast or pmcel of land and Premises situate, Iyiag and being in Hang6a Imnehip, CtanWand Coady. Fe®nylvama, booed aW4amibed as follows, to wit. BF.GWNW, at a point at cornet of Land of 'Arius, Bm whwh point " ten (10) feet di"or from a pin on the bank of the conodoaguina Qwlk thence along the bw of said land of William Mara, Norlh forty-nme (49) depwas West onehw*cd (100) feet in apit at to Fannon life of a eighteen (18) fat wide private ............................. IV .......... Sworn to and subscribed before Terry L. Russell, N of Harrtsbura Public NOTARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 111k.,,, OI' PUlli,iCATION OI NOTICE I, . UMBVRL.'' wD LA«' JW RNAL (Under P. ` o, 5'?7, appri'ved May 16. .')291, P. L.1784 STATE OF PG,NNSYL'1 A:: COUNTY OF CUMBERL . Lisa Marie Coyuq i State aforesaid, being duly s, Journal, a legal periodical pu'. was established January 2. periodical for the publiciniosissued weekly in the said ( . exactly the same as was Pi li Journal on the following dal_ ss. ire, Editor of the Cumber'..:Ild '.UW Journal, of the County and accordin, I.1 law, depose. Lints says that the Crunberland Law od in the km ough of Carf :. in the County and State aforesaid, 2, and de,i?nated by th, local courts as the official legal 11 legal notices, and has, s.uce lanuary 2, 1952, been regularly d, and that t!.c printed nos -ca or publication attached hereto is ul the regulLr, editions anu issu,s of the said Cumberland Law lanuar? '0. -,bru,uy3..l;i)6 Affiant further dcpo? at he is ansltorized to verii`, th.s statement by the Cumberland Law Journal, a Icgal pcmIdi, general cr,rulation, and n::u ii: is not interested in [lie subject matter of the aforesaid nes or i.dvciti::,!nent, and th;., al allegations in the foregoing statements as to time, pl,l?c lara, scr of ).ti)lication are REAL. ESTATE SALE NO. 42 Writ No. 2004-6285 Civil U.S. Bank National Association, as Trustee for the Holders of the CSFB Mortgage Pass-Through Certificates, Series 2001-HE16 V5. Marlene Mancini Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land and premises situate, lying and being in Hampden Tow - ship, Cumberland County, Pennsyl- vania, bounded and described as )Ll M; I 4F-d1t AT3 TO AN, i Sl' 13SCRIBED before me this 3 davol !,chniery, 2006 n7 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee for the Court of Common Pleas Holders of the CSFB Mortgage Pass-Through Certificates, Series 2001-HE16 Civil Division Cumberland County vs. Marlene Mancini Plaintiff Defendant ORDER No. 04-6285 CIVIL D AND NOW, this _V 'r day of M e r c,k , 2006 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance 51,178.70 Interest Through 3/8/06 11,420.63 Per Diem S 14.89 Late Charges 440.62 Legal fees 2,500.00 Cost of Suit and Title 1,902.00 Sheriffs Sale Costs 2,285.76 Property Inspections 195.55 AppraisalBPO 550.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits -350.33 Escrow Deficit 6,894.06 TOTAL $77,016.99 Plus interest from 3/8/06 through the date of sale 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 "-(j 101942 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIEIS 2001-HE16 No. 04-6285 CIVIL TERM Plaintiff, V. MARLENE MANCINI Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $77,016.99 Interest from 3/9/06 TO 3/5/08 $9,216.48 and Costs (per diem -$12.66) Add'l Costs $4,079.00 TOTAL $90,312.47 -T ),4,v j- yj e? DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. 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. 101842 d a? Hoop ?a W E{ ? ?av w Oa pH?W w z 0? VU z? ?H c (a 0 a 0.0 W O U ? W ? Oy w au © it W W a -c w W O v y O 1 O N O h a U d x U W W A a in v a? v a? Q, CAS 3 N 00 0 O p pOb X6"00 O T? ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee for the Court of Common Pleas Holders of the CSFB Mortgage Pass-Through Certificates, Series 2001-HE 16 Civil Division Cumberland County Plaintiff No. 04-6285 CIVIL vs. Marlene Mancini Defendant ORDER AND NOW, this 3r 4 day of Mar , 2006 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance 51,178.70 Interest Through 3/8/06 11,420.63 Per Diem $14.89 Late Charges 440.62 Legal fees 2,500.00 Cost of Suit and Title 1,902.00 Sheriffs Sale Costs 2,285.76 Property Inspections 195.55 Appraisal/BPO 550.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits -350.33 Escrow Deficit 6,894.06 TOTAL $77,016.99 Plus interest from 3/8/06 through the date of sale 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. "2-?? 101942 r PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIEIS 2001-HE16 Plaintiff, V. MARLENE MANCINI Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-6285 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,-- ?_'Ovj ?3 DANIEL G. SCHMIEG, ES U Attorney for Plaintiff _ ; "sit _.:? ... --??? ?„ i?? s c: . :: _`? ?':.: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIEIS 2001-HE16 Plaintiff, V. MARLENE MANCINI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-6285 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIEIS 2001-HE16, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,5635 HILLSIDE LANE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name MARLENE MANCINI Last Known Address (if address cannot be reasonably ascertained, please indicate) 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Hampden Township 230 South Sporting Hill Road Mechanicsburg, PA 17055 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) North American Mortgage Company 3883 Airway Drive Santa Rosa, CA 94503 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Hampden Township 230 South Sporting Hill Road Mechanicsburg, PA 17055 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. November 7, 2007 DATE ANIEL G. SCHMIEG QUIRE Attorney for Plaintiff r_' ;r ?; -- ,: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIEIS 2001-HE16 Plaintiff, V. Defendant(s). CUMBERLAND COUNTY No. 04-6285 CIVIL TERM November 7, 2007 MARLENE MANCINI TO: MARLENE MANCINI 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 77EMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at , 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $77,016.99 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIEIS 2001-HE16 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 3-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT ` CERTAIN tract or parcel of land and p? situate, lying and being in Hampden Township, Cwnt erland County, Peassylvwda, bounded and described as follows, to wit: BEGINNING at a point at corner of land of William Bwwn, which point is ten (10) fbet disc from a pin on the bx* of the Co ugninet Creek; dlletc abn Rime of said land of Willimn Brawn, North forty-nine (dc}) degrees West one hundred (loo) feet to a pin at the Easkm line of an eiglitwn (18) feet wide private road or passageway owned now or formerly- of Thomas M. Moyer and Anna M. Moyer; thence along the IhL? tine of said private road South twenty'-six (26) degrees t`orty fIve (43) mina" Wa t seventy-nine (79) and six tenths (.06) feet to a pin at corner lands of Maggie Vogel; thence :tong said lands of Maggie Vogel, South sixty-four ( ) degree forty-flue (45 m1 utes Fag ninety-eight (98) feet to a point., which poly is tort (10) feel distwd from a pin on the bank of aid Coruxh?guinet Creek: thence along tuber Luft now or f ready- of Thmm M. Mayer siW Am M. Moyer and Anna M. Moyer, North twenty-fm a5) dqm&a A teett (15) Ininmes Etc fifty (50) teat, more or less, to the place of beginning. 7`nU TO SAS PREMISES IS VESTED IN Darlene A. ManeW by need from Jeffery S. Ca" ,dated 11124/1992 and recorded 1213/1992 in Deal Book A-36 Page 373. TAX PARCEL# 10-16-1060-019 PREMISES BEING: 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6285 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, As Trustee for THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001- HE16, Plaintiff (s) From MARLENE MANCINI (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 $77,016.99 L.L. Interest from 3/09/06 to 3/05/08 (per diem - $12.66) -- $9,216.48 and Costs Atty's Comm. % Atty Paid $1,764.80 Plaintiff Paid Date: 11/08/07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs$4,079.00 J _S C is R. Long, Prothonotary 't!,e? By: K . Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 Plaintiff VS. MARLENE MANCINI Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 04-6285 CIVIL PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on December 15, 2004, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A" 2. Judgment was entered on February 9, 2005 in the amount of $61,016.32. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 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 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. A Sheriffs Sale of the mortgaged property at 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 13 Bankruptcy at Docket Number 05-03784 on June 7, 2005. Plaintiff obtained relief from the bankruptcy to proceed with foreclosure by order of court dated August 22, 2007. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on March 5, 2008. 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 Interest Through March 5, 2008 Per Diem $14.83 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $50,117.19 $22,170.85 $272.41 $1,900.00 $2,154.00 $1,609.42 $0.00 $0.00 $0.00 $20.00 ($1,612.76) $10,318.63 TOTAL $86,949.74 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. Plaintiff's 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 January 14, 2008 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 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 "D". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Ebert entered an order to amend the judgment dated March 3, 2006, however, the order was invalid due to bankruptcy. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. P 1 llinan chmieg, LLP (W9? DATE: By: is e e M. radf , Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 Plaintiff : vs. MARLENE MANCINI Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 04-6285 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE MARLENE MANCINI 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 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050. The Mortgage indicates that in the event 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. 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. vs. 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 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 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 Sheriff s 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 Sheriff s 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. VI. ATTORNEY'S 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 C_enter, 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). Recently, 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). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. 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. DATE: j 1 eg, LLP By: hele uire MBradfor Mic Attorney for Plaintiff Exhibit "A" FEDERMAN PHELAN, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2001-HE16 3815 SOUTH WEST TEMPLE SALT LAKE CITY, UT 84115-4412 Plaintiff V. MARLENE MANCINI 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 614 -- 4-doRS CUMBERLAND COUNTY Defendant { rl - c? CIVIL ACTION - LAWS _Q rr s COMPLAINT IN MORTGAGE FORECLOSURE = crs v N MAId AND PHEU%N -° c ATTORNEY FILE COPY' cv w r You have been sued in court. If you wish to de Xjms set forth 1'x:?_i the following pages, you must take action within twenty (20) days after this complaint and notice a e served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ._ Lawyer Referral Service ERA. `" Cumberland County Bar Association 9WNEY FILE COPY 32 South Bedford Street FLM RU URN Carlisle, PA 17013 (800)990-9108 a ,,> r lid t :. ?? filed of record ,101 PH EL File #: 101842 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT. OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File k 101842 Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 3815 SOUTH WEST TEMPLE SALT LAKE CITY, UT 84115-4412 The name(s) and last known address(es) of the Defendant(s) are: MARLENE MANCINI 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 02/20/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NORTH AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1724, Page: 473. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 03/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File k 101842 6. The following amounts are due on the mortgage: Principal Balance $51,178.70 Interest 4,701.11 02/01/2004 through 12/13/2004 (Per Diem $14.83) Attorney's Fees 1,250.00 Cumulative Late Charges 440.62 02/20/2001 to 12/13/2004 Cost of Suit and Title Search $ 550.00 Subtotal $ 58,120.43 Escrow Credit 0.00 Deficit 2,050.58 Subtotal $ 2,050.58 TOTAL $ 60,171.01 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 60,171.01, together with interest from 12/13/2004 at the rate of $14.83 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERM ELAN, LLP, ' By: /s/F cis . Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 101842 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at corner of land of William Brown, which point is Ten (10) feet distance from a pin on the bank of the Conodoguinet Creek; thence along the line of said land of William Brown, North Forty-nine (49) degrees West One Hundred (100) feet to a pin at the eastern line of an Eighteen (18) feet wide private road or passageway owned now or formerly of Thomas M. Moyer and Anna M. Moyer; thence along the eastern line of said private road South Twenty-six (26) degrees Forty-five (45) minutes West Seventy-nine (79) and Six tenths (.06) feet to a pin at corner lands of Maggie Vogel; thence along said lands of Maggie Vogel, South Sixty-four (64) degrees Forty-five (45) minutes East Ninety-eight (89) feet to a point, which point is Ten (10) feet distant from a pin on the bank of said Conodoguinet Creek; thence along other lands now or formerly of Thomas M. Moyer and Anna M. Moyer, North Twenty-five (25) degrees Fifteen (15) minutes East Fifty (50) feet, more or less, to the PLACE OF BEGINNING. BEING NO. 5435 HILLSIDE LANE File #: 101842 VERIFICATION JEFFREY COLCLOUGH hereby states that he is DOCUMENT CONTROL OFFICER of SELECT PORFOLIO SERVICING mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: ?? T B Exhibit " " ;,,_?ELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 3815 SOUTH WEST TEMPLE - SALT LAKE CITY, UT 84115-4412 ° W Plaintiff, V. MARLENE MANCINI CUMBERLAND COUNTY COURT OF COMMON PL CIVIL DIVISION NO. 04-6285 CIVIL ?. Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: M M -ra G..n Cn 0 -fl F_n y -T. rn Kindly enter an in rem judgment in favor of the Plaintiff and against MARLENE MANCINI, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/14/04 to 2/8/05 TOTAL $60,171.01 $845.31 $61,016.32 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQ0RE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATYQ. DATE: 0? LO6?; I .., PRO PROTHY Exhibit "C" UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: MARLENE A. MANCINI Debtor(s) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE V. MARLENE A. MANCINI and CHARLES J. DEHART III. Trustee BK. NO.05-bk-03784 MDF CHAPTER 13 ORDER Upon Consideration of the Certification of Default filed by the Moving Party in accordance with the Stipulation of the parties approved on February 1, 2006 it is ORDERED AND DECREED that: The Automatic Stay of all proceedings, as provided under Section 362 of the Bankruptcy Reform Act of 1978 (The Code) 11 U.S.C. Section 362, is modified to allow U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, and its successor in title to proceed with the execution process through, among other remedies but not limited to Sheriff's Sale regarding the premises 5635 Hillside Lane Mechanicsburg,PA 17055 and a possessory action if necessary. By the C'ow7t. Dated: August 22, 2007 Ban m .Igdge (CK) This document is electronically signed and faded on the same date. Exhibit "D" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey January 14, 2008 MARLENE MANCINI 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 RE: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 vs. MARLENE MANCINI Premises Address: 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 04-6285 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 January 19, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve truly yffotr, he ?e qui re For Phelan Hallinan & Schmieg, LLP Enclosure O a a w U z a 4 z a 0 yam.., ? M U a a 'co O Rte, C ? h .v zoo ao o o Y ao g,N 6 ? ' o y 5 y 0 d U n £0l6 L 3003dlZ W08:10311VW w ti 90OZ tl L NVr O WS M70 0 ? ii_ 0Q M r Zo S x S3VAM A3WLd AWMMMMMM? ., w O O > « ®s r ?.+ Cs E E C d? ?Nc? M?1 N n' ? ?D d ? ? W O O O U pO 7 d .`?' U .d ? 1A O O v v?? 7 U p ?. q 0 3 N ?., d ogb o ^ 1? . V ? O q O ? a 9 x p V ? R tV E - 0.4 Z O 060 F N'J 7K CL I A Qw ,? ? y W W ? C 1 W ? V O a O ? a a Iz- p a x a aW ?7 0 ? O' o za '.. A b z a U Z H 04 v A z ? O o ? ? T N a a, ? °d u z ~' I ? ...a -• N •, v ?n ?O t? o0 0. O N -- M ?7 ? o. H ri VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. h Ma& g, LLP - iaa) DATE: 1 By: ichele . r r , quire Attorney for Plaintif PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 Plaintiff vs. MARLENE MANCINI Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 04-6285 CIVIL 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 individuals on the date indicated below. MARLENE MANCINI 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 DATE: / t) 'is ROBERT P. KLINE, ESQUIRE KLINE LAW OFFICE P.O. BOX 461 NEW CUMBERLAND, PA 17070 lLLP By: ichele M. Attorney for Plaintiff ? { "1 .__ a -? ?, t "' 4:.0.` 'C. U.S. BANK NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF AS TRUSTEE FOR THE HOLDERS CUMBERLAND COUNTY, PENNSYLVANIA OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 PLAINTIFF V. MARLENE MANCINI, DEFENDANT NO. 04-6285 CIVIL ORDER OF COURT AND NOW, this 28th day of January, 2008, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before February 19, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, - 1\4\ ?1? ?_ M. L. Ebert, Jr., J. X,--iChele M. Bradford, Esquire unsel for Plaintiff ,,Aarlene Mancini Defendant bas /06"4 '` . 6z ?jwr PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE 16 Plaintiff vs. MARLENE MANCINI Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 04-6285 CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of February 19, 2008 was sent to the following individual on the date indicated below.. MARLENE MANCINI 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 DATE- ROBERT P. KLINE, ESQUIRE KLINE LAW OFFICE P.O. BOX 461 NEW CUMBERLAND, PA 17070 a i Schmieg, LLP By is ele . B rd, Esquire Attorney for Plaintiff C'? +'? ra° ? ?? ? ? ? ? ? ? ?;,, `? ? cx? .?I c?°.??. -c < ° ?.- r; r .?- a ? ? {- , ? ? -? ? ? ..r- ?? ?? ? y +? ' `` ' W ?" +.... ..? SALE DATE: MARCH 5, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF No.: 04-6285 CIVIL TERM THE CSFB MORTGAGE PASS- THROUGH CERTIFICATES, SERIEIS 2001-HE16 VS. MARLENE MANCINI AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given 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 attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQUI Attorney for Plaintiff February 7, 2008 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIEIS 2001-HE16 Plaintiff, V. MARLENE MANCINI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-6285 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIEIS 2001-HE16, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,5635 HILLSIDE LANE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name MARLENE MANCINI Last Known Address (if address cannot be reasonably ascertained, please indicate) 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Hampden Township Hampden Township Last Known Address (if address cannot be reasonably ascertained, please indicate) 230 South Sporting Hill Road Mechanicsburg, PA 17055 C/O KEITH O. BRENNEMAN, ESQ. 44 WEST MAIN ST. P.O. BOX 318 MECHANICSBURG, PA 17055-6249 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) North American Mortgage Company 3883 Airway Drive Santa Rosa, CA 94503 PAINWEBBER MORTGAGE P.O. Box 905 FINANCE, INC. COLUMBIA, MD 21044-0805 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Hampden Township 230 South Sporting Hill Road Mechanicsburg, PA 17055 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 6th Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. February 7, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff t" z Cn A w W N p "o 00 ?1 O? U A w a? ,° D n z c 3 Q ',l7 H C b y a z ?d a y ? ? A ro ? CD 1' ? H n i a ° ,p ' b y a v ? t7l H x ? z N , t <' .r w. p " t? O eo C 0 w G?G g " v t?J E .J. 8 00 ? C O p O .. n S` I p? ^ .O H N y l J ° 1 ? ? y ryN ?... ? A Iw .y 5. a a?? b pp a ? . ?eTm N y ?... JI O?. N M W H ?y 3 ,?,3?? P?SPOST OG°'UC . y o rn Z ' mTN/?r n $02 02 iM - 000421 801 0 JAN 30 w o MAILED FROM ZIPCODE 1 0 I 0 » A ? UD O -c a a ?'TJ t" (CD co ti ?0 ?yy °w `< ° Z CT n?0 pt?? p ? < R n ?. r o?o 'O O 0 H f s ?008 )103 w \ r H to A N C D 00 -1 ON to w N - S? D ? 3 a Cf Z (? C a CD 9 z Z o m r Y CL o o m $ o ,?? d 0 12 00rt Q'?? ?A to n? z m :0 ° °ft > o m O C? ? A p er ' r) y O^ V C? N?A?? N S ro > p> a W OA A• ?Ct ?! ?"? W O W n C r! ^. A A f-4, 021 a " O (IQ r" eD o. r ` p x < 5 w W .4 ?• o ? ? rA 0-4 ? ° 00 ? in A+ R H O ? a .<,. C?1 rJ C N ? a' ? ? b C O ? A H A rr o O- v ? . ? ? 5 A? p r.. ?p = ?i? N 00 py 7-•? ?'7 F+ c o 3 0 g• (S 0 °I o' d n a ?, IN W H •d ?y o c? an' ? J p C A'+ ? y? 3 o V?1 N P '? O O ??? o W C ?• C b mo ?• O . ?.a N cr? H a CS ? n n v° ? o omyc. y? gd. y. _ ?P-'Fa Pa4T? y y n A? 1 G . E5 pTNEY90W n ry a /? Q $ 02 80° u 02 1M . 000421 801 0 NOV 20 2007 nm8-• g 9 MAILED FROM ZIP CODE 19 10 3 0> W = S p fD a U b a b p 0-0 g ?br o kb ten= C C" b a O W ? A rA COO H ?. x° O t? 7?7 -? CTl co t 1 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE 16 Plaintiff VS. MARLENE MANCINI Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 04-6285 CIVIL MOTION TO MAKE RULE ABSOLUTE U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on January 24, 2008. 3. A Rule was entered by the Court on or about January 28, 2008 directing the Defendant to show cause 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 "A". 4. The Rule to Show Cause was timely served upon all parties on February 1, 2008, 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 "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 19, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Mchele Mdo eg, LLP DATE: V D? By. uire Attor ney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 Plaintiff VS. MARLENE MANCINI Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 04-6285 CIVIL BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on January 24, 2008. A Rule was entered by the Court on or about January 28, 2008 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on February 1, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 19, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. hmieg, LLP DATE: By: Esquire CM,h Attorney for Plaintiff Exhibit "A" U.S. BANK NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF AS TRUSTEE FOR THE HOLDERS CUMBERLAND COUNTY, PENNSYLVANIA OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 PLAINTIFF V. MARLENE MANCINI, DEFENDANT NO.0 -6285 CIVIL ORDER OF COURT AND NOW, this 2e day of January, 2008, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before February 19, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, V\-?, -4, ?- M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Counsel for Plaintiff Marlene Mancini Defendant bas Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400. 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 Plaintiff vs. MARLENE MANCINI Defendant El l ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 04-6285 CIVIL I hereby certify that a true and co%qL of our Motion to Reassess Damages noting a Rule Return date of February 19; 2 a sent to the following individual on the date indicated below.. MARLENE MANCINI ROBERT P. KLINE, ESQUIRE 5635 HILLSIDE LANE KLINE LAW OFFICE MECHANICSBURG, PA 17050 P.O. BOX 461 NEW CUMBERLAND, PA 17070 a i Schmieg, LLP DATE)2/1 ky + BY is ele . B rd, Esquire Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. eg, LLP DATE: By: Michele MBra?df6rdWsquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE 16 Plaintiff vs. MARLENE MANCINI Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 04-6285 CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. MARLENE MANCINI 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 DATE: O D? ROBERT P. KLINE, ESQUIRE KLINE LAW OFFICE P.O. BOX 461 NEW CUMBERLAND, PA 17070 e 11' chmieg, LLP B: Michele M. Bradfor , squire Attorney for Plaintiff ,. '-? ;-?; ,} _ _ --?, ? .,.. -rs . i i l ? r. ? A '? ("s ?? w?'- F + r "i .S-? . ?..a.) .. ??-1 «.-..? h1? `^+ s FEB 86 2001( IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, Civil Division SERIES 2001-HE16 Plaintiff VS. MARLENE MANCINI Defendant CUMBERLAND County No. 04-6285 CIVIL th ORDER AND NOW, this day of feb , 2008, upon consideration of Plaintiffs 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 $50,117.19 Interest Through March 5, 2008 $22,170.85 Per Diem $14.83 Late Charges $272.41 Legal fees $1,900.00 Cost of Suit and Title $2,154.00 Sheriffs Sale Costs $1,609.42 Property Inspections $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $20.00 Suspense/Misc. Credits ($1,612.76) Escrow Deficit $10,318.63 TOTAL $86,949.74 Plus interest from March 5, 2008 through the date of sale 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 4 t J. /Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradfordgfedphe. com ?MARLENE MANCINI 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 (2ofcgs M'?"L\ ?ROBERT P. KLINE, ESQUIRE KLINE LAW OFFICE P.O. BOX 461 NEW CUMBERLAND, PA 17070 101842 f t! t L C, r 1.1 14 U.S. Bank National Association, as Trustee In the Court of Common Pleas of For the Holders of the CSFB Mortgage Pass- Cumberland County, Pennsylvania Through Certificates, Series 2001-HE16 Writ No. 2004-6285 Civil Term VS Marlene Mancini R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, Marlene Mancini, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale, and Description, in the above entitled action as NOT FOUND, as to the defendant, Marlene Mancini. Six attempts at service were made, but no one would answer the door. Tim Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2008 at 1105 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Marlene Mancini located at 5635 Hillside Lane, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 17.86 Advertising 15.00 Posting Handbills 15.00 Prothonotary 2.00 Mileage 23.04 Levy 15.00 Surcharge 20.00 Postpone Sale 40.00 Law Journal 355.00 Patriot News 361.67 Share of Bills 16.17 J J J' $ 910.74 So Answers: R. Thomas Kline, Sheriff BY' -C Real Estate' ergeant U . U2 L Y9oP .2//7/F U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIEIS 2001-HE16 V. Plaintiff, MARLENE MANCINI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-6285 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIEIS 2001-RE163 Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,5635 HILLSIDE LANE, MECHANICSBURG, PA_17050 . 1. Name and address of Owner(s) or reputed Owner(s): Name MARLENE MANCINI Last Known Address (if address cannot be reasonably ascertained, please indicate) 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Hampden Township 230 South Sporting Hill Road Mechanicsburg, PA 17055 4. Name and address of last recorded holder of every mortgage of record: r Name Last Known Address (if address cannot be reasonably ascertained, please indicate) North American Mortgage Company 3883 Airway Drive Santa Rosa, CA 94503 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Hampden Township 230 South Sporting Hill Road Mechanicsburg, PA 17055 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) TenantlOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. November 7, 2007 DATE ANIEL G. SCHMIEG QUIRE Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIEIS 2001-HE16 Plaintiff, V. MARLENE MANCINI Defendant(s). CUMBERLAND COUNTY No. 04-6285 CIVIL TERM November 7, 2007 TO: MARLENE MANCINI 5635 HILLSIDE LANE MECHANICSBURG, PA 17050 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY" Your house (real estate) at, 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $77,016.99 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIEIS 2001-HE16 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 0 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL TRXT CERTAIN tract or pamel of land wA premises situate, lying and being in €Tampden Township, Ounberland County, PenusylvaWa, bounded and described as follows, to wit: BEGINNING at a point at corner of land of William Brown, which point is ten (10) feet distance from a pin on the bank of the Cottoclougttinet CYO; [tens=e dogg tk line of said land of Willtam 1Dsmm. Nortb forty-nine (49) degrm Guest one hnndred (100) feet to a pin at the Ent= line of an cightwn (18) feet wide private road or passageway owned now or formerly of Thomas M. Moyer and Anna M. Moyer; thence along the Eastern tine of said private road South twenty-sic (26) degrees forty--five (45) rninmes west seventy-nine (79) and six to ft (.06) feet to a pin at corner lands of Maggie Vogel; thence along said lands of Maggie Vogel, South sixty-four (64) !degrees forty-&e (45 minutes Fast ninety-eight (98) foot to a point, which point is ten (10) feet distant from a pin on the bank of said Con odoguinet Creek; thence along outer Luft now or fwaenly of Thm as M. Moyer a d Anna. M. Moyer anal A= M. Moyer, North twenty-five M rm fif'tedt (15) t1alMMS East fifty (50) f+Cet, more or less, to the place of beginning. 'I`I'I`LF TQ SAS PRISM M IS VESTED IN Marlene A. Mancini, by DW from Jeffery S. Cotten dated 11/24/1992 and recorded 121311992 in Deed Boole A-36 Page 373. TAX PARCEL# 10-16-1060-019 PREMISES BEING: 5635 HILLSIDE LANE, MECHANICSBURG, PA 17050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6285 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, As Trustee for THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001- HE16, Plaintiff (s) From MARLENE MANCINI (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 $77,016.99 L.L. Interest from 3/09/06 to 3/05/08 (per diem - $12.66) -- $9,216.48 and Costs Atty's Comm % Atty Paid $1,764.80 Plaintiff Paid Date: 11/08/07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs$4,079.00 s C is R. Long, Prothonota By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #52 On November 27, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 5635 Hillside Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 27, 2007 By: Real Estat Sergeant 4 3 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. 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: January 25, February 1 and February 8, 2008 Affiant further deposes that he is authorized to veri fy 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. Marie Coyne, S\A-ORN TO AND SUBSCRIBED before me this 8 day of' February, 2008 Notary NOiAR1AL SEAL DEBORAH A COLLINS CARLISLE BO O t UMBERfLAND COUNTY My Commission Expires Apr 2B, 2010 FAVAL AINAM Wri NO. 52 Writ No. 2004-6285 Civil U.S. Bank National Association, as Trustee for the Holders of the CSFB Mortgage Pass-Through Certificates, Series 2001-HE16 vs. Marlene Mancini Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract or par- cel of land and premises situate, lying and being in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: Beginning at a point at corner of land of William Brown, which point is ten (10) feet distance from a pin on the bank of the Conodoguinet Creek; thence along the line of said land of William Brown, North forty-nine (49) degrees West one hundred (100) feet to a pin at the Eastern line of an eighteen (18) feet wide private road or passageway owned now or formerly of Thomas M. Moyer and Anna M. Moyer; thence a1024 the Eamern Me of said private road Louth t +-six (26) degrees forty-five (45) minutes West seventy-nine (79) and six tenths (.06) feet to a pin at corner lands of Maggie Vogel; thence along said lands of Maggie Vogel, South sixty-four (64) degrees forty-five (45) minutes East ninety-eight (98) feet to a point, which point is ten (10) feet distant from a pin on the bank of said Conodoguinet Creek; thence along other lands now or formerly of Thomas M. Moyer and Anna M. Moyer and Anna M. Moyer, North twenty-five (25) degrees fifteen (15) minutes East fifty (50) feet, more or less, to the place of beginning. Title to said premises is vested in Marlene A. Mancini by Deed from Jeffery S. Cohen dated 11/24/1992 and recorded 12/3/1992 in Deed Book A-36 page 373. Tax Posed M 10-16-1060-019. ?? being: 5635 H*ide PA 170W. • The Patriot-News Co. to ' 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE cue Patr1*0t News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he 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 he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 02/06/08 02/13/08 , 2008 A.D. Notary COMMONWEALTH OF PENNSYLVANIA Notarial Sea! 9orrie L. Kisner, NoOry Public City Of HOftburg, 01uphin Coundy My Carrrnldsicm !:JS7`•"f=C Nov. 26, 2011 Member, Pennaylvanla As's-clatlon of Notaries REAL ESTATE SALE NO. 52 Wrk Np. 20044= CWH TWM U.S. Bw* Nadonai Assocladon. ae Tnalse for the HokW* of the C? ft VS Mariana Mancini Attorney Daniel Schrniecq DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in Hampden Township, Cumberland County. Pennsylvania, bounded and described as follows. to wit: Beginning at a point at comer of land of Witham Brown, which point is ten (10) feet distance from a pin on the frank of the Conodogui,,s Creek; thence along the line of said laral ;s, %'niam Brawn. North forty-nme 149) =JeVee Serest one hundred (1m) feet so z Pin a1 1he Jsastem line of an eighteen H8) icet , I& prtvatc road or passageway owned now or formerly of Thomas M. Moyer and Anna M. Moyer; theta along the Eastern line of said private road South twenty-six (26) degrees forty-five (45) minutes West seventy-nine (79) and six tenths (.06) feet to a pin at corner lands of Maggie Vogel: theme along said lands of Maggie Vogel, South sixt?r, tour (64) degrees forty-five (45) minutes East runty-eight (98) feet to a point. Which point iv ten (10) feet distant from a pin on the b of said Conodogumet Creek, thence aiortg oiler lands now or famedy ofThomas M. Moyer and Artpa M. M"W W Aga M. Moyer, Horeb twetdy4ve (25) degrees ff *m (15) milxttes F,-,t fifty (5(Y) feet, more or less, to the p1c-- b"Mmio4. Tit1, to said premises is vested m Marleac A Man -ini by Deed from .lel3 ry S. Cohen dater '411992 and recorded 12/311992 in I sect Hook A-36 page 373. "Tax Parcel # 10-16-106(Wlsi Premises being: 5635 Hillside Lance Mechanicsburg, PA 17050 PHELAN HALLINAN & SCHMIEG, LLP John M Kolesnik 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE16 Plaintiff VS. MARLENE MANCINI Defendant C= yM M cn ?"' -<> rv .; o , Attorney for Plaintiff - c ?' n ?o v C) yz W om COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 04-6285 CIVIL WITHDRAWAL OF APPEARANCE To the Prothonotary: Kindly withdraw my appearance on behalf of Plaintiff, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2001-HE16. Phelan Hallinan & hmieg, LLP Date: 3 By: J M Kolesnik Esq ID NO 308877 Attorney for Plaintiff PHS # 101842 ? ._tt.LJ''-t1= t-1Ct THE LAW OFFICES OF BARBARA A. -? E_ N?EP.V19 T MONO TAB Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 lQ 12 FEB 21 PM 3: G 4 721 Dresher Road, Suite 1050 CUMBERLAND COUNTY Horsham, PA 19044 PENNSYLVANIA Phone (215) 653-7450 / Fax (215) 653-7454 Email: generalinfo@lobaf.com Attorneys for Plaintiff U.S. BANK NATIONAL ASSOCIATION, as Trustee for the holders of the CSFB Mortgage Pass-Through Certificates, Series 2001-HE16, Plaintiff, V. MARLENE MANCINI, Defendant. File No. 12-16743 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04-6285 Civil ENTRY OF APPEARANCE To The Prothonotary: Kindly mark the record to reflect that undersigned counsel is entering her superseding Entry of Appearance on behalf of Plaintiff, U.S. Bank National Association, as Trustee for the holders of the CSFB Mortgage Pass-Through Certificates, Series 2001-HE16, in the above entitled Mortgage Foreclosure. Respectfully Submitted, THE LAW OFFICES OF BARB . FEIN, P.C. BY: &J&t, j j:::= Barbara A. Fein, Esquire Attorney ID No. 53002 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 721 Dresher Road, Suite 1050 Horsham, PA 19044 Phone (215) 653-7450 / Fax (215) 653-7454 Email: generalinfo@lobaf.com Attorneys for Plaintiff U.S. BANK NATIONAL ASSOCIATION, as Trustee fbr the holders of the CSFB Mortgage Pass-Through Certificates, Series 2001-HE 16, Plaintiff, V. MARLENE MANCINI, Defendant. fIpp k U it p.. F ?. jl'??'6743 Z 12APR -2 PM f: 5- L; "'UMSERLAND COUNTY r'E"SYLVAH1A COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04-6285 Civil PRAECIPE TO WITHDRAW / VACATE JUDGMENT AND TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly withdraw / vacate the judgment entered in the above captioned mortgage foreclosure action. Then. please mark the matter settled, discontinued and ended without prejudice to Plaintiff. March 22, 2012 THE LAW OFFICES OF BARBARA A. BY: /?), Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 P.C. G s q.so Pd at Ck -7 to 9