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HomeMy WebLinkAbout06-1239PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Olo -- ia39LULL CUMBERLAND COUNTY LOURENE L. FAHNESTOCK 443 FACTORY STREET CARISLE, PA 17013 Defendant 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 #: 131822 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 #: 131822 I . Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: LOURENE L. FAIINESTOCK 443 FACTORY STREET CARISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/07/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1841, Page: 349. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2005 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 #: 131822 6. The following amounts are due on the mortgage: Principal Balance $51,068.62 Interest 2,757.06 05/01/2005 through 03/02/2006 (Per Diem $9.01) Attorney's Fees 1,225.00 Cumulative Late Charges 164.30 10/07/2003 to 03/02/2006 Cost of Suit and Title Search $550.0 0 Subtotal $ 55,764.98 Escrow Credit 0.00 Deficit 615.04 Subtotal $ 615.04 TOTAL $ 56,380.02 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 $ 56,380.02, together with interest from 03/02/2006 at the rate of $9.01 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HAI LINAN & SCHMIEG, LLP c ,.. xf .-- Ey: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLMAN, ESQUIRE Attorneys for Plaintiff File t0: 131822 LEGAL ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the BOROUGH OF CARLISLE, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING on the West by Factory Street; on the North by an alley, on the East by an alley, and on the South by lands of Harry Sollenberger containing twenty-five and zero hundredths (25.00) feet in front on said Factory Street and extending in depth, at an even width one hundred five and zero hundredths (105.00) feet to said alley on the East. BEING the same premises which Lourene Fahnestock, Executrix of the Last Will and Testaments of Genevieve E. Barnett, by Deed dated the 24th day of August, 1982, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 24th day of August, 1982, in Record Book W29, Page 666, granted and conveyed unto Lourene Fahestock. PROPERTY BEING: 443 FACTORY STREET File #! 131$22 -r FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . 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. -1) ??- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff z DATE: 4R. -? Ut -s. 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1239 LOURENE L. FAHNESTOCK 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 LOURENE L. FAHNESTOCK and , 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 3/3/06 to 4/13/06 TOTAL $56,380.02 $369.41 $56,749.43 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. DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: QwLl I oZ 100(0 l PRO OTHY ? / PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Llallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 MORTGAGE ELECTRONIC REGISTRATION : COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff Vs. LOURENE L. FAHNESTOCK Defendants CIVIL DIVISION CUMBERLAND COUNTY NO. 06-1239 TO: LOURENE L. FAHNESTOCK 443 FACTORY STREET CARLISLE, PA 17013 DATE OF NOTICE: MARCH 29, 2006 FILE 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 PURPOSKIF 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. LOURENE L. FAHNESTOCK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1239 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 LOURENE L. FAHNESTOCK is over 18 years of age and resides at, 443 FACTORY STREET, CARLISLE, PA 17013 This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. C? ?-?-- :-. _.._ ?" .? -?, -t?- G ?" -?- (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. LOURENE L. FAHNESTOCK Defendant(s). CIVIL DIVISION NO. 06-1239 Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By:? If you have any questions concerning this matter, please contact: ONE .Q N CENTER AT SUBYJRBAN STA 0-11 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." SHERIFF'S RETURN - REGULAR CASE NO: 2006-01239 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS FAHNESTOCK LOURENE L ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FAHNESTOCK LOURENE L the DEFENDANT , at 1435:00 HOURS, on the 8th day of March , 2006 at 443 FACTORY STREET CARLISLE, PA 17013 by handing to LOURENE L FAHNESTOCK 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 4.40 Affidavit .00 Surcharge 10.00 .00 32.40 Sworn and Subscribed to before me this ?Iol day of 100 A. D. Proth ary So Answers: ?%Po Irll? ?,?- R. Thomas Kline 03/09/2006 PHELAN HALLINAN SCHMIEG By. l Deputy Sheri f V (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. , Plaintiff, , v. No. 06-1239 LOURENE L. FAHNESTOCK Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $56,749.43 Interest from 4/14/06 to SEPTEMBER 6, 2006 $1362.18 and Costs (per diem -$9.33) TOTAL $58,111.61 DANIEL G. SCHMIEG, ESQ 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. w? o? w? az oz ?a o Uz 00 .A o? U? xw H? z? L Q CO ± ?. c? clij J LLJ >- J JtU ta_ U ? z O H F H z z ?O W z aF a ? ' 1 I 43 cr- M O a w a o V W w ? w c ? F ? O ? F c a ?, y+ o w O? U a w b ? 1 4V .c a V -4 I-z v ^W/ ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the BOROUGH OF CARLISLE County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING on the West by Factory Street; on the North by an alley, on the East by an alley, and on the South by lands of Harry Sollenberger containing twenty-five and zero hundredths (25.00) feet in front on said Factory Street and extending in depth, at an even width one hundred five and zero hundredths (105.00) feet to said alley on the East. BEING the same premises which Lourene Fahnestock, Executrix of the Last Will and Testaments of Genevieve E. Barnett, by Deed dated the 24th day of August, 1982, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 24th day of August, 1982, in Record Book W29, Page 666, granted and conveyed unto Lourene Fahestock. Being Parcel # 06-20-1798-193 TITLE TO SAID PREMISES IS VESTED IN Lourene Fahnestock, a single person, by Deed from Lourene Fahnestock, erroneously stated as Lourene Fahestock, in prior deed, dated 10-07-03, recorded 10-15-03 in Deed Book 259, page 4461. Being known as: 443 FACTORY STREET, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1239 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From LOURENE L. FAHNESTOCK (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 $56,749.43 L.L. $.50 Interest FROM 4/14/06 TO 9/6/06 (PER DIEM - $9.33) - $1362.18 AND COSTS Atty's Comm % Atty Paid $114.40 Plaintiff Paid Date: MAY 25, 2006 (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 Prothy $1.00 Other Costs URTIS LONG Prothonotary By: Deputy Supreme Court ID No. 62205 r MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. , Plaintiff, V. , LOURENE L. FAHNESTOCK , Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL, DIVISION NO. 06-1239 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., 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 ,443 FACTORY STREET, CARISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name LOURENE L. FAHNESTOCK Last Known Address (if address cannot be reasonably ascertained, please indicate) 443 FACTORY STREET CARISLE, PA 17013 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) None ,, 4. Name and address of last recorded holder of every mortgage of record: Name None 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 11 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA INTERNAL REVENUE SERVICE DEPARTMENT OF PUBLIC WELFARE Last Known Address (if address cannot be reasonably ascertained, please indicate) 443 FACTORY STREET CARISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPT. #280601 HARRISBURG, PA 17128 FEDERAL ESTATE TAX SPECIAL PROCEDURE BRANCH P.O. BOX 12051 PHILADELPHIA, PA 19105 TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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. May 22.2006 DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff C7 C ^' c? ?ry -?-TI w at) -G 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. LOURENE L. FAHNESTOCK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1239 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: 0 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. DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff C - . , ? - ri-? ? j .... I ?. 773Ti t1? "'G MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. LOURENE L. FAHNESTOCK Defendant(s). CUMBERLAND COUNTY No. 06-1239 May 22, 2006 TO: LOURENE L. FAHNESTOCK 443 FACTORY STREET CARISLE, PA 17013 "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 443 FACTORY STREET, CARISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $56,74 9.43 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (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 (215 563-7000. 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 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the BOROUGH OF CARLISLE County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING on the West by Factory Street; on the North by an alley, on the East by an alley, and on the South by lands of Harry Sollenberger containing twenty-five and zero hundredths (25.00) feet in front on said Factory Street and extending in depth, at an even width one hundred five and zero hundredths (105.00) feet to said alley on the East. BEING the same premises which Lourene Fahnestock, Executrix of the Last Will and Testaments of Genevieve E. Barnett, by Deed dated the 24th day of August, 1982, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 24th day of August, 1982, in Record Book W29, Page 666, granted and conveyed unto Lourene Fahestock. Being Parcel # 06-20-1798-193 TITLE TO SAID PREMISES IS VESTED IN Lourene Fahnestock, a single person, by Deed from Lourene Fahnestock, erroneously stated as Lourene Fahestock, in prior deed, dated 10-07-03, recorded 10-15-03 in Deed Book 259, page 4461. Being known as: 443 FACTORY STREET, CARLISLE, PA 17013 C= 0 _ ...? M i- 65 0 W AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) LOURENE L. FARNESTOCK SERVE LOURENE L. FAIINESTOCK AT 443 FACTORY STREET CARISLE, PA 17013 SERVED CUMBERLAND COUNTY CXP No. 06-1239 ACCT. #356112522 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 6, 2006 Served and made known to 1 O 4 n ex t ?. F4 hr1C S?K Defendant, on the 2 day of 20(4 , at o'clock 1'm., at yw; r-R [+ of Y 4• Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place ofbusiness. an officer of said Defendant(s)'s company. Other: Description: Agep- -&O Height Si IrA Weight 146 Race t' Sex F Other I, 6 Q u t 'J PO b ell- T , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address Indic d ab C. ansZ° Sworn to bscri ..aaMtkNO-? before me of AA- SERVICE ewP/ ?- SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of 200_, at o'clock _m, Defendant NOT FOUND because: Moved _ Unknown _ No Answer Vacant 15t Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of . 200 . Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 a? 2_? ?..> ?? ?r ?7 _. c? 5"?1(= ' .'? _ _ i Q - n tr+ ? _ 7 '? r, ? '` {9 ? ^i: 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 Mortgage Electronic Registration Systems, Inc. Plaintiff vs. Lourene L. Fahnestock Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 06-1239 Civil Term 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: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 3, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on April 20, 2006 in the amount of $56,749.43. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". The Property is listed for Sheriffs Sale on September 6, 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. 4. 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 $51,068.62 Interest Through 9/6/06 4,435.94 Per Diem $8.94 Late Charges 164.27 Legal fees 1,225.00 Cost of Suit and Title 911.00 Sheriffs Sale Costs 1,432.40 Property Inspections 138.75 Appraisal/BPO 0.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 1,834.09 TOTAL $61,210.07 The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 6. 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 Hallinan & Schmieg, LLP Date: ? By; Michele M. Bradford, Esqu Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Court of Common Pleas Plaintiff VS. Lourene L. Fahnestock : Civil Division : Cumberland County : No. 06-1239 Civil Term Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. 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 443 Factory Street, Carlisle, PA 17013. 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. H. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. 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. 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 Fewer 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. 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 Corporation 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 Hallinan & Schmieg, LLP DATE:1 By: 7:)7Sz) Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. GLOL L?-(?^ I CUMBERLAND COUNTY LOURENE L. FAHNESTOCK 443 FACTORY STREET CARLSLE, PA 17013 Defendant 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 r_.. ; (800)990-9108 --, ? T? 3 (w? rV N Cn 0 -n ?? A? -G File #: 131822 PHELAN HALLINAN & SCHNIIEG, 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff V. LOURENE L. FAHNESTOCK 443 FACTORY STREET CARISLE, PA 17013 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 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 #: 131822 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 #: 131822 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, STATE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: LOURENE L. FAHNESTOCK 443 FACTORY STREET CARISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/07/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1841, Page: 349. 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 06/01/2005 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 #: 131822 6. The following amounts are due on the mortgage: Principal Balance $51,068.62 Interest 2,757.06 05/01/2005 through 03/02/2006 (Per Diem $9.01) Attorney's Fees 1,225.00 Cumulative Late Charges 164.30 10/07/2003 to 03/02/2006 Cost of Suit and Title Search 550.00 Subtotal $ 55,764.98 Escrow Credit 0.00 Deficit 615.04 Subtotal 615.04 TOTAL $ 56,380.02 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. 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 ree Judgment against the Defendant(s) in the sum of $ 56,380.02, together with interest from 03/02/2006 at the rate of $9.01 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN AN & SCAHMI,EE,G,LLLP' / By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 131822 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the BOROUGH OF CARLISLE, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING on the West by Factory Street; on the North by an alley, on the East by an alley, and on the South by lands of Harry Sollenberger containing twenty-five and zero hundredths (25.00) feet in front on said Factory Street and extending in depth, at an even width one hundred five and zero hundredths (105.00) feet to said alley on the East. BEING the same premises which Lourene Fahnestock, Executrix of the Last Will and Testaments of Genevieve E. Barnett, by Deed dated the 24th day of August, 1982, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 24th day of August, 1982, in Record Book W29, Page 666, granted and conveyed unto Lourene Fahestock. PROPERTY BEING: 443 FACTORY STREET File #: 131822 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAMIPF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action iir Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief Furthermore,.it is counsel's intention to substitute a verification from Plaintiff as soon as it is received. by counsel . 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: Z- r FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff Exhibit "B" 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY 8201 GREENSBORO DRIVE, SUITE 350 COURT OF COMMON PLEAS MCLEAN, VA 22102 Plaintiff, V. CIVIL DIVISION NO. 06-1239 LOURENE L. FAHNESTOCK 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 LOURENE L. FAHNESTOCK and . 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 $56,380.02 Interest from 3/3/06 to 4/13/06 q, 3 $369.41 TOTAL / ? 56 7 $ , 49.43 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. DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 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 unsworn falsification to authorities. Phelan Halli m LLP 1 L4 DATE: By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Court of Common Pleas Plaintiff VS. Lourene L. Fahnestock : Civil Division : Cumberland County : No. 06-1239 Civil Term Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individual on the date indicated below. Lourene L. Fahnestock 443 Factory Street Carlisle, PA 17013 Phelan Hallinan & Sch , LLP DATE: 1 Irv By: Michele M. Bradford, Esq ' e Attorney for Plaintiff r°R -TI . {ii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS V. LAOURENE L. FAHNESTOCK Defendant(s). CIVIL DIVISION NO. 06-1239 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, DANIEL G. SCBMMIEG, ESQUIRE, attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC hereby verifies that on MAY 22, 2006 true and correct copies of the Notice of Sheriffs Sale were served by certificate of mailing to the recorded lienholder(s) and any known interested party. Q--k u'-, ey_ DANIEL G. SCHMIEG, ESQG? Attorney for Plaintiff li Date: JULY 27, 2006 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. £0L64 3000 d1Z W08J 03lItlW 900z ZZ xvVN GU60£b000 099 -ZQ v? zo Q??1APA71 ® AYARWM q ®r.... b" ° a- ? yak G(pObi a O N Q a°n m a a v p q r ? } v w e ?cc a 0 N % i O () ° M2 w a w O o ?' z mQ O ?? W eC?r(? O IL ?yy P zz O p *' N 4 Y h N O f u KD w jQ a a I z O a S U W Z 0.? o O U W A coq 6K 1'N_ ° ¢z r w ?c ;2 uw U. 4A $ w z eg 3 z ??•b? < ? cn C ? ZFQ- OC p VOJ V] di fir V W (J 6, 4 a* N ?; m 3 C??r O w O LL7 V w< 7CYD 7 i z vFi O> Z a 14 Q -- CL 0 a? 8 0 _> 0. uy OO P 0. Ls. ?.4 10 A -8 L 72 ? p T, --M- 1r x o.w ? a 'S?gS 55 a t' $g?,gp 5 ?8?3 o;o a s r1 P' ms's a O Ha oh c _; •- ? .? ? _ z- . , _, ?,t> ?_" ,;_, ' e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. Plaintiff VS. Court of Common Pleas Civil Division Cumberland County Lourene L. Fahnestock Defendant RULE No. 06-1239 Civil Term AND NOW, this LtA- day of 2006, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. 9 Rule Returnable on the 47 Li of 2006, at / •? A'f *in the Cumberland County Courthouse, Carlisle, Pennsylvaniaot QbO A • ?' 3_ Y O , J. It 'O? Mortgage Electronic Registration: IN THE COURT OF COMMON PLEAS OF Systems, Inc. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-1239 Civil Term VS. Lourene L. Fahnestock, Defendant ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with the Law Offices of Phelan Hallinan Schmieg, for the limited purpose of representing the Plaintiff at Argument Co t to be held on Monday, August 21, 2006. N Date: August 9, 2006 Nalc r orruyuai ., v?. Supreme Court I.D. 19373 10 West High Street Carlisle, PA 17013 (717) 241-4311 CC: Michele M. Bradford, Esquire, Phelan Hallinan Schmieg Lourene L. Fahnestock ? ?x c G ? O " C: ate ?? s ? „o ? w ?? N w "? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. I.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Plaintiff VS. Lourene L. Fahnestock Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-1239 Civil Term 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 August 21, 2006 at 9:00 AM has been served upon the following persons: Lourene L. Fahnestock 443 Factory Street Carlisle, PA 17013 PHELAN HALLINAN & SCHMIEG, LLP Date: By: Michele M. B rd, Esquire Attorney for Plaintiff N r4 C' 41 T m co PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Plaintiff VS. Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County Lourene L. Fahnestock No. 06-1239 Civil Term Defendant PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws the Motion to Reassesses Damages, which it filed on July 24, 2006. Date Michele M. Bradford, Esqui Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Plaintiff vs. Lourene L. Fahnestock Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 06-1239 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Praecipe to Withdraw its Motion to Reassesses Damages was sent via first class mail to the person on the date listed below: Lourene L. Fahnestock 443 Factory Street Carlisle, PA 17013 DATE: Robert L. O'Brien, Esquire 19 West South Street Carlisle, PA 17013 By Michele M. Bradford, Esgd Attorney for Plaintiff Q ^ ?-„ t? r U CT? G f??t,?!, Gy -?? f?? ... -r ..y ? ? 7?" ? ? 7 ?7 t ?.,-^?. ??Pt L..? ? v Y' ? ? S' GCS z Mortgage Electronic Registration Systems, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Lourene L. Fahnestock Writ No. 2006-1239 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2006 at 11:45 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Lourene L. Fahnestock, by making known to Lourene L. Fahnestock, personally, at 443 Factory Street, Carlisle, 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 June 23, 2006 at 11:45 o'clock A.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 Lourene L. Fahnestock located at 443 Factory Street, Carlisle, Pennsylvania 17013 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: Lourene L. Fahnestock, by regular mail to her last known address of 443 Factory Street, Carlisle, Pennsylvania 17013. This letter was mailed under the date of July 26, 2006 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriff's Costs: Docketing $30.00 Poundage 14.12 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Mileage 4.40 Levy 15.00 Surcharge 20.00 Law Journal 299.00 Patriot News 267.20 Postpone Sale 20.00 Share of Bills 19.31 / l ?? ? gl d ?` 53 ? ? 720 .. . $ So Answers: ?'a? ' R. Thomas Kline, eriff BTl Q Real Estat ergeant C& Yj /PL ?3 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. - Plaintiff, . V. LOURENE L. FAHNESTOCK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1239 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., 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,443 FACTORY STREET, CARISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name LOURENE L. FAHNESTOCK Last Known Address (if address cannot be reasonably ascertained, please indicate) 443 FACTORY STREET CARISLE, PA 17013 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) None 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) None 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA INTERNAL REVENUE SERVICE DEPARTMENT OF PUBLIC WELFARE Last Known Address (if address cannot be reasonably ascertained, please indicate) 443 FACTORY STREET CARISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPT. #280601 HARRISBURG, PA 17128 FEDERAL ESTATE TAX SPECIAL PROCEDURE BRANCH P.O. BOX 12051 PHILADELPHIA, PA 19105 TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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. ME 22, 2006 L-- DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION CUMBERLAND COUNTY SYSTEMS, INC. Plaintiff, No. 06-1239 V. LOURENE L. FAHNESTOCK Defendant(s). May 22, 2006 TO: LOURENE L. FAHNESTOCK 443 FACTORY STREET CARISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND 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, 443 FACTORY STREET, CARISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 56,749.43 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (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. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may 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 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the BOROUGH OF CARLISLE, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING on the West by Factory Street; on the North by an alley, on the East by an alley, and on the South by lands of Harry Sollenberger containing twenty-five and zero hundredths (25.00) feet in front on said Factory Street and extending in depth, at an even width one hundred five and zero hundredths (105.00) feet to said alley on the East. BEING the same premises which Lourene Fahnestock, Executrix of the Last Will and Testaments of Genevieve E. Barnett, by Deed dated the 24th day of August, 1982, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 24th day of August, 1982, in Record Book W29, Page 666, granted and conveyed unto Lourene Fahestock. Being Parcel # 06-20-1798-193 TITLE TO SAID PREMISES IS VESTED IN Lourene Fahnestock, a single person, by Deed from Lourene Fahnestock, erroneously stated as Lourene Fahestock, in prior deed, dated 10-07-03, recorded 10-15-03 in Deed Book 259, page 4461. Being known as: 443 FACTORY STREET, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1239 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From LOURENE L. FAHNESTOCK (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 $56,749.43 L.L. $.50 Interest FROM 4114/06 TO 9/6/06 (PER DIEM - $9.33) - $1362.18 AND COSTS Atty's Comm % Atty Paid $114.40 Plaintiff Paid Date: MAY 25, 2006 Due Prothy $1.00 Other Costs CURTIS . LONG Prothonotary (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 By: Deputy Supreme Court ID No. 62205 Real Estate Sale # 84 U LU WC_ U- C-) L, On June 06, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 443 Factory Street, Carlisle, more fully described on Exhibit "A" c:I filed with this writ and by this reference incorporated herein. Q Date: June 06, 2006 z By. Uo ? S".- Real Estafe Sergeant b C= N 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: July 21, July 28, and August 4, 2006 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. Marie Covna? Editor SWORN TO AND SUBSCRIBED before me this 4 day of August, 2006 NOTARIAL SEAL LOIS E. SNYDER, Notary Carlisle Boro: Cumberland Gourd. My Commission Expires Mach 5.2W REAL ESTATE SALE NO. 84 Writ No. 2006-1239 Civil Mortgage Electronic Registration Systems, Inc. VS. Lourene L. Fahnestock Atty.: Daniel G. Schmieg ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the BOROUGH OF CARLISLE, County of Cumber- land and State of Pennsylvania, bounded and described as follows: BEGINNING on the West by Fac- tory Street; on the North by an al- ley, on the East by an alley, and on the South by lands of Harry Sollenberger containing twenty-five and zero hundredths (25.00) feet in front on said Factory Street and extending in depth, at an even width one hundred five and zero hun- dredths (105.00) feet to said alley on the East. BEING the same premises which Lourene Fahnestock, Executrix of the Last Will and Testaments of Genevieve E. Barnett, by Deed dated the 24th day of August, 1982, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 24th day of August, 1982, in Record Book W29, Page 666, granted and conveyed unto Lourene Fahestock. Being Parcel # 06-20-1798-193. TITLE TO SAID PREMISES IS VESTED IN Lourene Fahnestock, a single person, by Deed from Lourene Fahnestock, erroneously stated as Lourene Fahestock,in prior deed, dated 10-07-03, re- corded 10-15-03 in Deed Book 259, page 4461. Being known as: 443 Factory Street, 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 in the 19th and 26th day(s) of July and the 2nd day(s) of August 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 ............*u*be mi. ....:. ...................................... COPY Sworn to an efore me &%* p A- i?BEI to S A L E #84 Notarial Seal Terry L. Russeil, Notary Pubiic City Of Harrisburg, Dauphin County My COMM On Fxpir une 6,2010 .. _U- D. a.d.2n;a s ciation of Notaries Y CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 oat* dlm*d ii0oft in the B? of ?ie? a P. (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 ORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. No. 06-1239 LOURENE L. FAHNESTOCK Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 04/14/06 TO 06/11/08 (per diem -$9.33) Add'1 Costs TOTAL $56,749.43 $7,380.03and Costs $4.482.50 $68,611.96 %J, 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. 131822 M O d Gk U f. ? N a 00 Olt 5 ? a, H W O c d ? ?? W O U ? d IPA via, c- fi ti too 4 a 0 % ? W .C oo t0 d ? o IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: LOURENE L. FAHNESTOCK Debtor Bk. No. 1:06-bk-01710 MDF MORTGAGE ELECTRONIC REGISTRATION Chapter No. 13 SYSTEMS, INC. Movant v. 11 U.S.C. §362 LOURENE L. FAHNESTOCK Respondent ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (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 443 FACTORY STREET, CARLISLE, PA 17013, 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. may immediately enforce and implement this Order granting Relief from the automatic stay. By the Court, B Judge (]DK) This document is electronically signed and filed on the same date. Dated: December 17, 2007 ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the BOROUGH OF CARLISLE, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING on the West by Factory Street; on the North by an alley, on the East by an alley, and on the South by lands of Harry Sollenberger containing twenty-five and zero hundredths (25.00) feet in front on said Factory Street and extending in depth, at an even width one hundred five and zero hundredths (105.00) feet to said alley on the East. BEING the same premises which Lourene Fahnestock, Executrix of the Last Will and Testaments of Genevieve E. Barnett, by Deed dated the 24th day of August, 1982, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 24th day of August, 1982, in Record Book W29, Page 666, granted and conveyed unto Lourene Fahestock. Being Parcel # 06-20-1798-193 TITLE TO SAID PREMISES IS VESTED IN Lourene Fahnestock, a single person, by Deed from Lourene Fahnestock, erroneously stated as Lourene Fahestock, in prior deed, dated 10-07-03, recorded 10-15-03 in Deed Book 259, page 4461. Being known as: 443 FACTORY STREET, CARLISLE, PA 17013 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 ORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. LOURENE L. FAHNESTOCK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1239 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. J_( DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff N C 3 a ? t1 C 1 -Ti -, `., A ORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION LOURENE L. FAHNESTOCK NO. 06-1239 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) ORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., 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 ,443 FACTORY STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LOURENE L. FAHNESTOCK 443 FACTORY STREET CARLISLE, PA 17013 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) None A 4. Name and address of last recorded holder of every mortgage of record: Name None 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 443 FACTORY STREET CARLISLE, PA 17013 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. c ? January 16, 2008 DATE DANIEL G. SCHMIEG, ESQUI V Attorney for Plaintiff ?? _, c? ?? `rF ?-- ?a ?7 -; ??? __ .._ _ ? ? ?.; '.? i'eJ _ j `? ? ?p ?--! .../ YYE? ~`J ORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. LOURENE L. FAHNESTOCK Defendant(s). CUMBERLAND COUNTY No. 06-1239 January 16, 2008 TO: LOURENE L. FAHNESTOCK 443 FACTORY STREET CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY" Your house (real estate) at, 443 FACTORY STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $56,749.43 obtained by ORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (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) 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 17413 (717) 249-3166 ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the BOROUGH OF CARLISLE, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING on the West by Factory Street; on the North by an alley, on the East by an alley, and on the South by lands of Harry Sollenberger containing twenty-five and zero hundredths (25.00) feet in front on said Factory Street and extending in depth, at an even width one hundred five and zero hundredths (105.00) feet to said alley on the East. BEING the same premises which Lourene Fahnestock, Executrix of the Last Will and Testaments of Genevieve E. Barnett, by Deed dated the 24th day of August, 1982, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 24th day of August, 1982, in Record Book W29, Page 666, granted and conveyed unto Lourene Fahestock. Being Parcel # 06-20-1798-193 TITLE TO SAID PREMISES IS VESTED IN Lourene Fahnestock, a single person, by Deed from Lourene Fahnestock, erroneously stated as Lourene Fahestock, in prior deed, dated 10-07-03, recorded 10-15-03 in Deed Book 259, page 4461. Being known as: 443 FACTORY STREET, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1239 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORTGAGE ELECTRONIC REGISTRATION, Plaintiff (s) From LOURENE L. FAHNESTOCK (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 $56,749.43 L.L. Interest from 4/14/06 to 6/11/08 (per diem - $9.33) -- $7,380.03 and Costs Atty's Comm % Arty Paid $856.43 Plaintiff Paid Date: 1/17/08 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 Due Prothy $2.00 Other Costs $4,482.50 Prothonotary By: Deputy PHELAN, HALLINAN & SCHMIEG, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 Attorney for Plaintiff One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Ste. 1400 Philadelphia, PA 19104-1814 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. :CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION LOURENE L. FAHNESTOCK No. 06-1239 SUGGESTION OF RECORD CHANGE RE: CORRECTION OF PLAINTIFF'S NAME TO THE PROTHONOTARY: Daniel G. Schmieg, Esquire, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief that the Plaintiff's Name was erroneously listed in the caption as: ORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Kindly change the information on the docket to read as follows: MORTGAGE ELECTRONIC REGIS rA7N SY T MS, INC. Date: February 21, 2008 Daniel G. Schmieg Attorney for Plaintiff C" ni- :r, 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. LOURENE L. FAHNESTOCK Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-1239 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 March 3, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit „A.. 2. Judgment was entered on April 20, 2006 in the amount of $56,749.43. 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 443 FACTORY STREET, CARLISLE, PA 17013 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 7 Bankruptcy at Docket Number 06-01710 on August 16, 2006. Plaintiff obtained relief from the bankruptcy to proceed with foreclosure by order of court dated December 17, 2007. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on June 11, 2008. 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 $50,257.43 Interest Through June 11, 2008 $6,002.91 Per Diem $8.72 Late Charges $32.86 Legal fees $1,825.00 Cost of Suit and Title 2.50 $ Sheriffs Sale Costs $652 .93 5 $ Property Inspections $ 51.75 $ Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $449.91 TOTAL $60,805.29 7. 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. 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 March 19, 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. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: O P a Mnieg, LP By ich ,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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. LOURENE L. FAHNESTOCK Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-1239 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE LOURENE L. FAHNESTOCK 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 443 FACTORY STREET, CARLISLE, PA 17013. 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. ofN.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(19-39). 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 Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending 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. V1. 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, 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 I lampton 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: a: By: h Phel MM.'BraldArd?. LLP Mi Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHIVUEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHII,ADELPHL4, PA 19103 (215) 3-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. et"'L 9 ? CUMBERLAND COUNTY LOURENE L. FAHNESTOCK 443 FACTORY STREET CARISLE, PA 17013 Defendant 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 IN'FORIVIATION 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 #: 131822 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 #: 131822 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: LOURENE L. FAHNESTOCK 443 FACTORY STREET CARISLE, PA 17013 who is/arc the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/07/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1841, Page: 349. 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 06/01/2005 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 4: 131822 6. The following amounts are due on the mortgage: Principal Balance $51,068.62 Interest 2,757.06 05/01/2005 through 03/02/2006 (Per Diem $9.01) Attorney's Fees 1,225.00 Cumulative Late Charges 164.30 10/07/2003 to 03/02/2006 Cost of Suit and Title Search $550.0 0 Subtotal $ 55,764.98 Escrow Credit 0.00 Deficit 615.04 Subtotal 615.04 TOTAL $ 56,380.02 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. 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. WHERE, FORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 56,380.02, together with interest from 03/02/2006 at the rate of $9.01 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN '71NAN & SCHM>E,G,,pLLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 131 822 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the BOROUGH OF CARLISLE, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING on the West by Factory Street; on the North by an alley, on the East by an alley, and on the South by lands of Harry Sollenberger containing twenty-five and zero hundredths (25.00) feet in front on said Factory Street and extending in depth, at an even width one hundred five and zero hundredths (105.00) feet to said alley on the East. BEING the same premises which Lourene Fahnestock, Executrix of the Last Will and Testaments of Genevieve E. Barnett, by Deed dated the 24th day of August, 1982, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 24th day of August, 1982, in Record Book W29, Page 666, granted and conveyed unto Lourene Fahestock. PROPERTY BEING: 443 FACTORY STREET File #. 131822 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R- C. P.1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his lmowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. - ?) J I W-,- .FRANCIS S. HALLINAN, ESQUIRE . Attorney for Plaintiff DATE: . ": 2,16 - Exhibit "B" 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY 8201 GREENSBORO DRIVE, SUITE 350 COURT OF COMMON PLEAS MCLEAN, VA 22102 CIVIL DIVISION Plaintiff, . V. NO. 06-1239 LOURENE L. FAHNESTOCK 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 LOURENE L. FAHNESTOCK and , 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 j $56,380.02 Interest from 3/3/06 to 4/13/06 1,3 $369.41 TOTAL $56,749.43 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. DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: -,w- PRO PROTHY Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: LOURENE L. FAHNESTOCK Debtor Bk. No. 1:06-bk-01710 MDF MORTGAGE ELECTRONIC REGISTRATION Chapter No. 13 SYSTEMS, INC. Movant V. LOURENE L. FAHNESTOCK Respondent 11 U.S.C.§362 ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (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 443 FACTORY STREET, CARLISLE, PA 17013, 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. may immediately enforce and implement this Order granting Relief from the automatic stay. By the Cowt, 71 ?dolls? ? Ba p Judge (]DK) This document is electronically signed and filed on the same date. Dated: December 17, 2007 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 March 19, 2008 LOURENE L. FAHNESTOCK 443 FACTORY STREET CARLISLE, PA 17013 RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. LOURENE L. FAHNESTOCK Premises Address: 443 FACTORY STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 06-1239 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 Monday, March 24, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V MBd M h uire For Phelan Hallinan & Schmieg, LLP Enclosure w W W W U W h V O N ? O M a ? a v' 'b V LLI Q • O ? ? x U 0 1 ? ? M Q ? ?a d W ZU d o W 0. ? O aoa ? N 00 M Q x P+ .0 L d C eta ? ?- --] i £ o L 6 L 3000 d1Z Woad 0311bW soot 6 L 8m ._ o los Lzvooo 09030 $ wG ao .?r." AMT .o? g ? ? y d G w b O '? .tgCQ Q 7 V 4 ? ??y( E G N V ? .G « ? k C E Nw.o C d ? 0 0 O O.d E? ? N « u_ W K d b E W O yy ? y$0. d CI ? y CO ? d .. V «b ? P ° u ? ? 6 E oob-0 w o •n , C Ow EN O a T p'12 =Eb y O O C O V N r d ,y T 0 uEi U aO ° o z> F°- a v -n z? N V 44+440 N M ?t n ° N I i-'r I- I I _1- I S.. 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 unsworn falsification to authorities. DATE: S c mieg, LLP B re Aic r squi WeIeBradfc 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. LOURENE L. FA1 NESTOCK ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff CUMBERLAND County No. 06-1239 Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. LOURENE L. FAHNESTOCK 443 FACTORY STREET CARLISLE, PA 17013 el rMBB Ipjieg, LLP DATE: a5 a `6 B __J3 1 / ich le a fo d,s ire Attorney laintiff {'1 ?? r?.'.3 ?? - ?: ? .--? ?" "T -n ,, ? 43 i1 ,. , ` _.. ?? ter ?-. ? ': y, r_" ..b... .. -,, ?7?i?i ? M ? / ri.,? ^ `? °bPR 02 2008 Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION Court of Common Pleas SYSTEMS, INC. : Plaintiff Civil Division vs. CUMBERLAND County LOURENE L. FAHNESTOCK No. 06-1239 Defendant RULE AND NOW, this y day of A*vu? 2008, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. AA - Rule Returnable on the Il_ day of h? 2008, at in the 1VmW.m -03 Courtroom of the Cumberland County Courthouse, Harrisburg, Penn ta. B J. `?1.OURI:?\E L. FAHNESTOCK 443 FACTORY S'IRETT CARLISLE. PA 17013 (26p 1 -es mw '417108 tx/q Michele M. Bradford, Esquire Phelan Flallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford(u,- fedphe.com 131822 t ?, f -.1 3 :01 WV L- ddb! 8041 ±40-091W 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. LOURENE L. FAHNESTOCK Defendant No. 06-1239 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of May 2, 2008 was sent to the following individual on the date indicated below.. LOURENE L. FAHNESTOCK 443 FACTORY STREET CARLISLE, PA 17013 DATE: O 0 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County 1 M'nanhmieg,, LLP By: Mi he e ire Attorney for Plaintiff r-? ? ? --c-s ?= ' .a -r. "{" :?.: .-.-ice ..-- ?,7 ?,., ." '? :? ?. ::r ? ?. ? ? ? : ?? s . AFFIDAVIT OF SERVICE PLAINTIFF ORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) LOURENE L. FAHNESTOCK SERVE LOURENE L. FAHNESTOCK AT 443 FACTORY STREET CARLISLE, PA 17013 CUMBERLAND COUNTY No. 06-1239 ACCT. #131822 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 SERVED Served and made known to LQ((AFNl L - tAM 961DC-', Defendant, on the ?'1^ day of ff-61-UA*200'g at V ,o'clock .m., at 44 ,0 i26ISli` , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height y Weight _U5 Race W Sex F Other I, R()??AtZ Mo L-L , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 1_ day of 1200R. Not By: 'PLASIF SEXAMI&T LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTARY PUBLIC STATE OF NEW JERSEY NOT SERVED On theMy COMMIISy0,1 EXPIRES 1012512012 200, at o'clock _.m., Defendant NOT FOUND because: Moved _ Unknown No Answer 1s` Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200_. Notary: Vacant 2°d Attempt: / / Time: Attornev for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ri..,? ',7 ^- %? ._8 '"? ' ? ? i z ?; ',.. 4 iYi (. ..., r:.w I APR 0 $ 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION Court of Common Pleas SYSTEMS, INC. Plaintiff Civil Division vs. CUMBERLAND County LOURF_,NI L. FAHNESTOCK No. 06-1239 Defendant ORDER AND NOW, this -dei day of , 2008 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nune pro tune in this case as follows: Principal Balance $50,257.43 Interest Through June 11, 2008 $6,002.91 Per Diem $8.72 Late Charges $32.86 Legal fees $1,825.00 Cost of Suit and Title $1,532.50 Sheriffs Sale Costs $652.93 Property Inspections $51.75 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits Escrow Deficit ($0.00 $449.91 TOTAL $60,805.29 Plus interest from June 11, 2008 through the date of sale at six percent per annum. Note: 1'he above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 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 rnicliele.bradford@fedphe.com LOURENE L. FAHNESTOCK 443 FACTORY STREET CARLISLE, PA 17013 Tel: (717) 249-1307 131822 - 44V -r;q to v 7k4d- /07Y //?IV,/ v Z-- BEE SALE DATE: JUNE 11, 2008 IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 06-1239 CUMBERLAND COUNTY VS. LOURENE L. FAHNESTOCK 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: 443 FACTORY STREET, CARLISLE, PA 17013. 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 G. SCHMIEG, ESQUIRE Attorney for Plaintiff d Y 4 a a w O x a °U .-W cn Q? C/l .fl ? 00 M To cd "" U W p. O ? a w U C N tE Qu.? ag ?? V O £O'v d rJ ?? Q y U ? (n 6 G ,? {N d G ?.. O vyi .rti' ? V G• C goo vatm3 v? ? m :o ? 8 ti 5 K E ? W R o ° o m b K?? R N O ? .t o ? ? k ao &o. v oS ?w G O O ? O O . E b U ? tc0 td W G M 'O G S ? Q. v+ pG Z w x U a vv U ?T ?W a U O d J a ?o w O ? u ? d E z o? N 00 j ?-+ d O a llvses PN g 02 1M $ 02.100 0004218010 JAN23 2008 MAILED FROM ZIP CODE 1 91 03 r+ M _ O Q ?^ o r. G.1 v CD W p 2 l?l na Q 'Q Q .? oo W O _ 2 H CC Q ?+ W py U :b p H ,`7 p ?p u O oo > ] g ? ?' U •`rC; w ? CA 'y cd d U ?, W > Q W ? 54 Q w M v O V) r. va "` ry ti o Q y O a ? a ? C N a v - d C 3 O 01 O V? ?a pa z Ga r., < _-> -y, ?:-? ?a --+ r! s ?- -,. ., ?? J J'?? ? ra ...L COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which SOVEREIGN BANK is the grantee the same having been sold to said grantee on the 11TH day of JUNE A.D., 2008, under and by virtue of a writ Execution issued on the 17 day of JAN, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 1239, at the suit of MORTGAGE ELECTRONIC REG SYSTEMS INC against LOURENE L FAHNESTOCK is duly recorded as Instrument Number 200821387. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 02 ?S? day of A.D. er of Deeds Mortgage Electronic Registration Systems, Inc. In the Court of Common Pleas of Vs Cumberland County, Pennsylvania Lourene L. Fahnestock Writ No. 2006-1239 Civil Term Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on February 22, 2008 at 2058 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Lourene L. Fahnestock, by making known unto Lourene Fahnestock personally, at 443 Factory Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 01, 2008 at 1515 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 Lourene L. Fahnestock located at 443 Factory Street, Carlisle, Cumberland County, 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: Lourene L. Fahnestock by regular mail to her last known address of 443 Factory Street, Carlisle, PA 17013. This letter was mailed under the date of March 31, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Sovereign Bank. It being the highest bid and best price received for the same, Sovereign Bank, of 601 Penn Street, Reading, PA 19601, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $946.35. Sheriffs Costs: Docketing $30.00 Poundage 18.56 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 9.60 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 328.46 Share of Bills 14.73 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 $ 946.35 ? 4/a7lbf Qr_ ?lcc,• 1!? P34 ?Swers: So Thom ?'1ane? Shenff R i $Y geai't Real Egate 1611?- ?-7 -- - 9 `MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, . V. LOURENE L. FAHNESTOCK Defendant(s). . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1239 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) ORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., 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 .443 FACTORY STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name LOURENE L. FAHNESTOCK Last Known Address (if address cannot be reasonably ascertained, please indicate) 443 FACTORY STREET CARLISLE, PA 17013 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) None 4. Name and address of last recorded holder of every mortgage of record: Name None 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 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 443 FACTORY STREET CARLISLE, PA 17013 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. c ? January 16, 2008 f DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff AORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. LOURENE L. FAHNESTOCK Defendant(s). CUMBERLAND COUNTY No. 06-1239 January 16, 2008 TO: LOURENE L. FAHNESTOCK 443 FACTORY STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 443 FACTORY STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $56,749.43 obtained by ORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (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 ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the BOROUGH OF CARLISLE, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING on the West by Factory Street; on the North by an alley, on the East by an alley, and on the South by lands of Harry Sollenberger containing twenty-five and zero hundredths (25.00) feet in front on said Factory Street and extending in depth, at an even width one hundred five and zero hundredths (105.00) feet to said alley on the East. BEING the same premises which Lourene Fahnestock, Executrix of the Last Will and Testaments of Genevieve E. Barnett, by Deed dated the 24th day of August, 1982, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 24th day of August, 1982, in Record Book W29, Page 666, granted and conveyed unto Lourene Fahestock. Being Parcel # 06-20-1798-193 TITLE TO SAID PREMISES IS VESTED IN Lourene Fahnestock, a single person, by Deed from Lourene Fahnestock, erroneously stated as Lourene Fahestock, in prior deed, dated 10-07-03, recorded 10-15-03 in Deed Book 259, page 4461. Being known as: 443 FACTORY STREET, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1239 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORTGAGE ELECTRONIC REGISTRATION, Plaintiff (s) From LOURENE L. FAHNESTOCK (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 $56,749.43 L.L. Interest from 4/14/06 to 6/11/08 (per diem - $9.33) - $7,380.03 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $856.43 Other Costs $4,482.50 Plaintiff Paid Date: 1/17/08 Prothonotary (Seal) By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Deputy Supreme Court ID No. 62205 M Real Estate Sale #'21 On February 19, 2008 the Sheriff levied upon the defendant's interest in-the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 443 Factory Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 19, 2008 By: G Real Es Sergeant 80 :01 b 81 NVr 8001 dd 'AIWIO? J31a3HS,3N1 A 331JJO PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 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. Atha Marie Coyne, Vitor SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28, 2010 AM *AM R& Alt Writ No. 2006-1239 Civil Mortgage Electronic Registration Systems, Inc. vs. Lourene L. Fahnestock Atty.: Daniel Schmieg ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the BOROUGH OF CARLISLE, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING on the West by Fac- tory Street; on the North by an alley, on the East by an alley, and on the South by lands of Harry Sollenberger containing twenty-five and zero hundredths (25.00) feet in front on said Factory Street and extending in depth, at an even width one hundred five and zero hundredths (105.00) feet to said alley on the East. BEING the same premises which Lourene Fahnestock, Executrix of the Last Will and Testaments of Genevieve E. Barnett, by Deed dated the 24th day of August, 1982, and recorded at Cumberland County in the O®ee of the Recorder of Dee d@, in aad fw the County of Cumoama, on the 24th day of AugtW, 1982, in Record Hook W29, Oftt 666, g onod and conveyed unto Lparene Fahestock. Being Parcel # 06-20-1798-193. TITLE TO SAID PREMISES IS VESTED IN Lourene Fahnestock, a single person, by Deed from Lourene Fahnestock, erroneously stated as Lourene Fahestock,in prior deed, dated 10-07-03, recorded 10-15-03 in Deed Book 259, page 4461. Being Kown as: 443 FACTORY STREET, CARLISLE, PA 17013. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 14t Pahiot News Now you know 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: 04/23/08 04/30/08 05/07/08 Sworn an subscribed before me this 27 day of May, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyre L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 2010 Member, Pennsylvania Association of Notaries Real Estate Sale #21 Writ No. 2006-1239 Civil Term Mortgage Electronic Registration Systems, inc. VS Lourene L. Fahnestock Attorney: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the BOROUGH OF CARLISLE, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING on the West by Factory Street; on the North by an alley, on the East by an alley, and on the South by lands of Harry Sollenberger containing twenty-five and zero hundredths (25.00) feet in front on said Factory Street and extending in depth, at an even width one hundred five and zero hundredths (105.00) feet to said alley on the East. BEING the same premises which Lourene Fahnestock, Executrix of the Last Will and Testaments of Genevieve E. Barnett, by Deed dated the 24th day of August, 1982, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 24th day of August, 1982, in Record Book W29, Page 666, granted and conveyed unto Lourene Fahestock. Being Parcel # W20-1798-193 TITLE TO SAID PREMISES IS VESTED IN Lourene Fahnestock, a single person, by Deed from Lourene Fahnestock, erroneously stated as Lourene Fabestock, in prior deed, dated 10.07- 03, recorded 10-15-03 in Deed Book 259, page 4461. Being Kown as: 443 FACTORY STREET, CARLISLE, PA 17013