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HomeMy WebLinkAbout06-1431PHELAN HALLINAN & SCHMIEG, 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 7105 CORPORATE DRIVE PLANO, TX 75024 V. JEFFREY T. FETTERHOFF THERESA L.FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL I l9 EAST MARBLE STREET MECHANICSBURG, PA 17055 ATTORNEY FOR PLAINTIFF CIVIL DIVISION COURT OF COMMON PLEAS Plaintiff TERM NO. 0(o-I?3I (21 CUMBERLAND COUNTY Defendants 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 #: 132086 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# 132096 Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 7105 CORPORATE DRIVE PLANO, TX 75024 The name(s) and last known address(es) of the Defendant(s) are: JEFFREY T.FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. METRO A!K{A THERESA L. GEMMILL 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/31/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MERS AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1903, Page: 878. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2005 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 #'. 132086 4 6. The following amounts are due on the mortgage: Principal Balance $125,900.00 Interest 7,741.80 07/01/2005 through 03/10/2006 (Per Diem $30.60) Attorney's Fees 1,250.00 Cumulative Late Charges 321.30 03/31/2005 to 03/10/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 135,763.10 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 135,763.10 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 135,763.10, together with interest from 03/10/2006 at the rate of $30.60 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 HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File 4 . 132086 i LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the north side of East Marble Street at line of lands now or formerly of Dennis Landi, which said pin is also referenced a distance of 230.25 feet measured in a westerly direction from the center line of Shepherdstown Road; thence along the north side of East Marble Street, South 70 degrees 30 minutes 00 seconds West a distance of 47 feet to an iron pin at line of lands now or formerly of Clarence Bricker; thence along said last mentioned lands, North 19 degrees 07 minutes 50 seconds West a distance of 146.19 feet to an iron pin on the southern line of a 20 feet wide alley; thence along the southern side of said alley, North 67 degrees 30 minutes 16 seconds East, a distance 46.12 feet to an iron pin at line of lands now or formerly of Dennis Landi; and thence along said last mentioned lands, South 19 degrees 30 minutes 00 seconds East, a distance of 148.60 feet to an iron pin, the place of BEGINNING. This description is made in accordance with a survey by Gerrit J. Betz Associates dated January 21, 1980. HAVING THEREON erected a dwelling house known and numbered as 119 East Marble Street, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which William A. Duncan and Heather M. Duncan, husband and wife by their Deed dated May 15, 2003, recorded May 20, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 257, Page 595, granted and conveyed unto Donald L. Crenshaw and Brenda Crenshaw, the Grantors herein. PARCEL NO. 17-24-0787-115 Pile* 13,096 a 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 B Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. We, FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff tp Oto DATE: vi 7z) 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 CUMBERLAND COUNTY 7105 CORPORATE DRIVE COURT OF COMMON PLEAS PLANO, TX 75024 CIVIL DIVISION Plaintiff, V. NO. 06-1431 JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL 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 JEFFREY T. THERESA L. GEMMILL, 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 3/11/06 to 5/5/06 TOTAL $135,763.10 $1,713.60 $137,476.70 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQUIRFf Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. I DATE: Q ?DL??o PRO ROTHY PHELAN HALLMAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE : COURT OF COMMON PLEAS CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff : CIVIL DIVISION Vs. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL Defendants TO: JEFFREY T. FETTERHOFF 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: APRIL 12, 2006 CUMBERLAND COUNTY NO. 06-1431-CIVIL TERM FILE UP, THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ' It FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE : COURT OF COMMON PLEAS CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JEFFREY T. FETTERHOFF :NO. 06-1431-CIVIL TERM THERESA L. FETTER14OFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL Defendants TO: THERESA L FETTERHOFF AAUA THERESA L NETRO A/K/A THERESA L GEMMILL 119 EAST MARBLE STREET MECHANICSBURGPA 17055 DATE OF NOTICE: APRH.12, 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. UCE0? TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLTNAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By. Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 215 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE : COURT OF COMMON PLEAS CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff : CIVIL DIVISION Vs. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF AWA THERESA L. NETRO A/K/A THERESA L. GEMMILL Defendants TO: JEFFREY T. FETTERHOFF 2 MARSHALL DRIVE, APT. 21K CAMP HILL, PA 17011 DATE OF NOTICE: APRIL 12.2006 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 PURPOSE.[F 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. CUMBERLAND COUNTY : NO. 06-1431-CIVIL TERM 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, LLP By Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmie& Esq., Id. No. 62205 Philadelphia, PA 19103 (2151 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE : COURT OF COMMON PLEAS CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JEFFREY T. FETTERHOFF : NO. 06-1431-CIVIL TERM THERESA L. FETTERHOFF A/KIA THERESA L. NETRO A/K/A THERESA L. GEMMILL Defendants TO: THERESA L. FETTERHOFF A/K/A THERESA L. NETRO AJK/A THERESA L. GEMMILL 2 MARSHALL DRIVE, APT., 21K CAMP HILL, PA 17011 FILE COPY DATE OF NOTICE: APRIL 12, 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Y F NCIS 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 7105 CORPORATE DRIVE V. Plaintiff, JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/KIA THERESA L. NETRO AJKJA THERESA L. GEMMILL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1431 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 JEFFREY T. FETTERHOFF is over 18 years of age and resides at , 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055. (c) that defendant THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL is over 18 years of age, and resides at, 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff C. n -sJ Rr A- G C a ? 2'? O q { { [a 77 cn (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL Defendant(s). CIVIL DIVISION NO. 06-1431 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: DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff, V. No. 06-1431 JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/5/06 to SEPTEMBER 6, 2006 (per diem -$22.60) $137,476.70 $2,802.40 and Costs TOTAL $140,279.10 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Statio 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. d Ui vim U wwp zz, ?p ?wzc? ow ?,? wF?"a 0. ?A HFdd ?Y d.ao www?m w OH ?t3,o ? F: ,a?w OG ?Hr+ ??HN U d H A W w W p U '? O W w x U W3 - o ?cez t9 C rn is L I O v ? wo o? F c O c a? U ` V V ' y1 kn in 00 OA F a? UU a? w E.. H o W w N H 40 I v y o. R. a .,g _F WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1431 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04, Plaintiff (s) From JEFFREY T. FETTERHOFF, THERESA L. FETTERHOFF, A/K/A THERESA L. NETRO, A/K/A THERESA L. GEMMILL (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 $137,476.70 L.L. $30 Interest FROM 5/5/06 TO 9/6/06 (PER DIEM - $22.60) - $2,802.40 AND COSTS Atty's Comm % Atty Paid $190.00 Plaintiff Paid Date: MAY 9, 2006 (Seal) Due Prothy $1.00 Other Costs JTII`S?ONG Prothonotary By: Deputy 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 Supreme Court ID No. 62205 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the north side of East Marble Street at line of lands now or formerly of Dennis Landi, which said pin is also referenced a distance of 230.25 feet measured in a westerly direction from the center line of Shepherdstown Road; thence along the north side of East Marble Street, South 70 degrees 30 minutes 00 seconds West a distance of 47 feet to an iron pin at line of lands now or formerly of Clarence Bricker; thence along said last mentioned lands, North 19 degrees 07 minutes 50 seconds West a distance of 146.19 feet to an iron pin on the southern line of a 20 feet wide alley; thence along the southern side of said alley, North 67 degrees 30 minutes 16 seconds East, a distance 46.12 feet to an iron pin at line of lands now or formerly of Dennis Landi; and thence along said last mentioned lands, South 19 degrees 30 minutes 00 seconds East, a distance of 148.60 feet to an iron pin, the place of BEGINNING. This description is made in accordance with a survey by Gerrit J. Betz Associates dated January 21, 1980. HAVING THEREON erected a dwelling house known and numbered as 119 East Marble Street, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which William A. Duncan and Heather M. Duncan, husband and wife by their Deed dated May 15, 2003, recorded May 20, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 257, Page 595, granted and conveyed unto Donald L. Crenshaw and Brenda Crenshaw, the Grantors herein. PARCEL NO. 17-24-0787-115 PREMISES BEING: 119 EAST MARBLE STREET File N: 132086 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 V. Plaintiff, JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1431 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. AMA H. AJIYYIA"' DANIEL G. SCHMIEG, ESQUIR6 Attorney for Plaintiff c Z'C 1 ; y:` o o i O O' BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff, V. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1431 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005- 04, 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,119 EAST MARBLE STREET, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL Last Known Address (if address cannot be reasonably ascertained, please indicate) 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. May 5, 2006 DATE DANIEL G. SCHMIEG, ESQUIRRI Attorney for Plaintiff G r c --Vol K 3 Tr t F' G .L CY` BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff, V. CUMBERLAND COUNTY No. 06-1431 JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL Defendant(s). May 5, 2006 TO: JEFFREY T. FETTERHOFF 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055, 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 $137,476.70 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 (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. 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 17013 (717) 249-3166 (800) 990-9108 c o S' o O cn -'?f77 mr ? r-? -" lp crs AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 No. 06-1431 DEFENDANT(S) JEFFREY T. FETTERHOFF ACCT. #98170153 THERESA L. FETTERHOFF A/K/A THERESA L. NETRO Type of Action A/K/A THERESA L. GEMMILL - Notice of Sheriff's Sale SERVE: THERESA L. FETTERHOFF A/K/A THERESA L. NETRO Sale Date: SEPTEMBER 6, 2006 A/K/A THERESA L. GEMMILL 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 SERVED Served and made known to Ty%ee eSg L Fe i? rkis jet' , Defendant, on the day of , 200 at o'clock f m., at A, 42 e ST; 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: AgeZf=)r HeightS71t Weight Race W Sex /' Other I, 1, r, y?'? QSStN'S , 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. 00 _ of Notary: y ? 4kHFMPT SERV ICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE State of New Jerscy ATTEMPTED. PATRICIA E. N„Rl;i Cornmisslori Expue6 June 16, 2008 NOT SERVED On the day of , 200_, at o'clock _,m., Defendant NOT FOUND because: _ Moved Unknown _ No Answer Vacant 1st Attempt: Time: 2"d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200 Notary: . By: Attorney for Plaintif[ Daniel G. Schudeg, Esquire Z 1( I.D. No. 62205 K r c7 t?- ? -? -, ? ?- ? ?,., ?= ?„ . ' -?, =; ??, ?- _ iin _- .. '-? a .?- AFFIDAVIT OF SERVICE PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 DEFENDANT(S) JEFFREY T.FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL SERVE: JEFFREY T. FETTERHOFF 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 SERVED CUMBERLAND COUNTY No. 06-1431 ACCT. #98170163 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 6, 2006 Served and made known to 7 t ,t (% cy T F t+ f frke{{, Defendant, on the ( 4' K , day of 1111 V, 2006 ,. at ?: 39, o'clock f m., at 114 0RIf .4ACrWe S4- Commonwealth of Pennsylvania, in the manner described below Defendant personally served. tn/ l ?e 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: AgeZS?.S- Height 3" 1u Weight 40 RaceL^LSex r Other I, bay" d Q6b P/ttS 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. of By: A r.,? 7` SERVICE AFLEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTSERVED PFl7f i Exp es J ne 16, 2008 OrAwmissior EXp?ay o , 200at o'clock _.m., Defendant NOT FOUND because: Moved Unknown _ No Answer Vacant 1st 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 2nd Attempt: Time: ti lb d CD Jeri SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01431 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS FETTERHOFF JEFFREY T ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FETTERHOFF JEFFREY T but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT NOT FOUND , as to , FETTERHOFF JEFFREY T 2 MARSHALL DRIVE APT 21K CAMP HILL, PA 17011 PER OFFICE, DEFENDANT HAS NOT LIVED THERE SINCE 2003. Sheriff's Costs: So answers Docketing 6.00 Service 13.20 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 34.20 PHELAN HALLINAN SCHMIEG 03/23/2006 Sworn and subscribed to before me this st- day of CO L A. D. Prothonotary r SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01431 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS FETTERHOFF JEFFREY T ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FETTERHOFF THERESA L AKA THERESA L NETRO AKA GEMMILL but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND , as to the within named DEFENDANT FETTERHOFF THERESA L AKA THERESA L NETRO AKA GEMMILL , 2 MARSHALL DRIVE APT 21K CAMP HILL, PA 17011 PER OFFICE, DEFENDANT HAS NOT LIVED THERE SINCE 2003. Sheriff's Costs: So answers: -, Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Klipt6 Surcharge 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 03/23/2006 Sworn and subscribed to before me this ? t? day of P A. D. ') o'a( Prothonotary r CASE NO: 2006-01431 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS FETTERHOFF JEFFREY T ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE FETTERHOFF JEFFREY T was served upon DEFENDANT the , at 1725:00 HOURS, on the 22nd day of March , 2006 at 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 THERESA FETTERHOFF. WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.80 .00 10.00 R. Thomas Kline .00 36.80 03/23/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: me this /j r- day of -"If ?oyL A. D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2006-01431 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS FETTERHOFF JEFFREY T ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FETTERHOFF THERESA L AKA THERESA L NETRA AKA GEMMILL the DEFENDANT , at 1725:00 HOURS, on the 22nd day of March , 2006 at 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 by handing to THERESA FETTERHOFF 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of u2fV A. D. So Answers: R. Thomas Kline 03/23/2006 PHELAN HALLINAN SCHMIEG By: p ty Sheriff Prothonotary s w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWABS 2005-04 Plaintiff, V. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL Defendant(s). AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1431 SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWABS 2005-04 hereby verifies that on MAY 8, 2006 true and correct copies of the Notice of Sheriffs Sale were served by certificate of mailing to the recorded penholder(s) and any known interested party. , Date: JULY 25, 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. J ? r ? O uo p y 2 V? M ?.cy M b r b K ?Q 0 m a ?. a P 0 Q ? N 8 s e A ,r?HoL ta o. 9 2 ?r T ? [E7y ? r N O ? O ? 'O f'1 a a r w o ? o to% C? ? ? O `=1 0 b to 9 o a W M ' -? m e o 40 Poe n (!? , so - 6 02 1A 25 MAY E 19103 • M ?D?8ROM2IS,GOD R 1 ,??11 r" . r.a -g F? , ?` ..( - '_... _. _ f". 1t ?._ . i`. ?i' t Y\J .. ?, c Bank of New York as Trustee The Court of Common Pleas of VS Cumberland County, Pennsylvania Jeffrey T. Fetterhoff and Theresa L. Fetterhoff Writ No. 2006-1431 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 3, 2006 at 10:25 o'clock AM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Jeffrey T. Fetterhoff and Theresa L. Fetterhoff , by making known unto Theresa L. Fetterhoff , wife of Jeffrey T. Fetterhoff, at 119 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 3, 2006 at 10:25 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 Jeffrey T. Fetterhoff and Theresa L. Fetterhoff, located at 119 East Marble Street, Mechanicsburg, Pennsylvania, 17055 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 defendants, to wit: Jeffrey T. Fetterhoff and Theresa L. Fetterhoff, by regular mail to their last known address of 119 East Marble Street, Mechanicsburg, PA 17055. These letters were mailed under the date of July 13, 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 18.48 Advertising 15.00 Posting Handbills 15.00 Prothonotary 1.00 Law Library .50 Mileage 8.80 Levy 15.00 Surcharge 30.00 Law Journal Patriot News Postpone Sale Share of Bills 431.00 338.60 20.00 19.31 $ 942.69 ? So Answers: me, Sh ' ff B'YQ Real Estate rgeant .z1jk1M- 1,66 6A Y( r BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff, V. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL Defendant(s). NO. 06-1431 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005- 04, 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,119 EAST MARBLE STREET, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 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 Itblder 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 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. May 5, 2006 DATE ?affi a DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff, V. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL Defendant(s). CUMBERLAND COUNTY No. 06-1431 May 5, 2006 TO: JEFFREY T. FETTERHOFF 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 * *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, 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff s 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 $137,476.70 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the north side of East Marble Street at line of lands now or formerly of Dennis Landi, which said pin is also referenced a distance of 230.25 feet measured in a westerly direction from the center line of Shepherdstown Road; thence along the north side of East Marble Street, South 70 degrees 30 minutes 00 seconds West a distance of 47 feet to an iron pin at line of lands now or formerly of Clarence Bricker; thence along said last mentioned lands, North 19 degrees 07 minutes 50 seconds West a distance of 146.19 feet to an iron pin on the southern line of a 20 feet wide alley; thence along the southern side of said alley, North 67 degrees 30 minutes 16 seconds East, a distance 46.12 feet to an iron pin at line of lands now or formerly of Dennis Landi; and thence along said last mentioned lands, South 19 degrees 30 minutes 00 seconds East, a distance of 148.60 feet to an iron pin, the place of BEGINNING. This description is made in accordance with a survey by Gerrit J. Betz Associates dated January 21, 1980. HAVING THEREON erected a dwelling house known and numbered as 119 East Marble Street, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which William A. Duncan and Heather M. Duncan, husband and wife by their Deed dated May 15, 2003, recorded May 20, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 257, Page 595, granted and conveyed unto Donald L. Crenshaw and Brenda Crenshaw, the Grantors herein. PARCEL NO. 17-24-0787-115 PREMISES BEING: 119 EAST MARBLE STREET File #: 132086 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1431 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04, Plaintiff (s) From JEFFREY T. FETTERHOFF, THERESA L. FETTERHOFF, A/K/A THERESA L. NETRO, A/K/A THERESA L. GEMMILL (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 $137,476.70 L.L. $.50 Interest FROM 5/5106 TO 9/6/06 (PER DIEM - $22.60) - $2,802.40 AND COSTS Atty's Comm % Atty Paid $190.00 Plaintiff Paid Date: MAY 9, 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 By: Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 52 On May 31, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 119 East Marble Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 31, 2006 By: t1ate Sergeant d S I =01 V I I AVW 9001 VCJ;,k Y.i13r1 l1 JJ183HS 3141 JO 33wo 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 COPY Sworn to and bs nb efore me this 1 FISYLVANIA S A L E #52 tarial Seal Terry L. RusseN, Notary Public City of Harrisburg, Dauphin County my fission 'res June 6, 2010 Memb , Pennsyl a P Association of Notaries NOT ,AMY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 4a ...- 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. 6yisa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 4 day of August, 2006 NOTARIAL SEAL L.OIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County Mli Commission Expires March 5, 2009 REAL ESTATE SALE NO. 52 Writ No. 2006-1431 Civil Bank of New York as Trustee for the Certificate Holders of CWABS 2005-04 VS. Jeffrey T. Fetterhoff and Theresa L. Fetterhoff a/k/a Theresa L. Netro a/k/a Theresa L. Gemmill Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or Par- cel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at an iron pin on the north side of East Marble Street at line of lands now or formerly of Dennis Landi, which said pin is also referenced a distance of 230.25 feet measured in a westerly direction from the center line of Shepherds- town Road; thence along the north side of East Marble Street, South 70 degrees 30 minutes 00 seconds West a distance of 47 feet to an iron pin at line of lands now or formerly of Clarence Bricker; thence along said last mentioned lands, North 19 degrees 07 minutes 50 seconds West a distance of 146.19 feet to an iron pin on the southern line of a 20 feet wide alley; thence along the southern side of said alley, North 67 degrees 30 minutes 16 seconds East, a distance 46.12 feet to an iron pin at line of lands now or for- merly of Dennis Landi; and thence along said last mentioned lands, South 19 degrees 30 minutes 00 seconds East, a distance of 148.60 feet to an iron pin, the place of BE- GINNING. This description is made in ac- cordance with a survey by Gerrit J. Betz Associates dated January 21, 1980. HAVING THEREON erected a dwelling house known and num- bered as 119 East Marble Street, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which William A. Duncan and Heather M. Duncan, husband and wife by their Deed dated May 15, 2003, recorded May 20, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 257, Page 595, granted and conveyed unto Donald L. Crenshaw and Brenda Crenshaw, the Grantors herein. PARCEL NO. 17-24-0787-115. PREMISES BEING: 119 East T,(.,..1-1- ca---` CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff, V. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 05/06/2006-03/04/2009 (per diem -$22.32) No. 06-1431- CIVIL TERM $135,763.10 $23,078.88 and Costs TOTAL $158,841.98 DANIEL G. SCHMIEG, SQUIRE 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. 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:Sheriiff's.Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 132086 06, < W W U 00 W y ? 4z ?oo xo w 04 a 00 0Ew ?¢W a FV 3VHH 0 0 o? z? w z ?? a w 7t) Cri -? 000 0 N 00 ¢ ¢ as a? VU xx UU ww as W W iA 0 00 C) 0 N a C C fnldec (08/07) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last S years, including married, maiden, and trade): Theresa Louise Fetterhoff 1101 Lindham Court Apartment 402 Mechanicsburg, PA 17055 Chapter 7 Case No. 1:06-bk-01893-MDF Jeffrey Todd Fetterhoff 1101 Lindham Court Apartment 402 Mechanicsburg, PA 17055 Last four digits of Social-Security, Individual Taxpayer-Identification, Employer Tax-Identification No(s)(if any): xxx-xx-5780 xxx-xx-4760 FINAL DECREE The estate of the above named debtor(s) has been fully administered. IT IS ORDERED THAT: Lawrence G. Frank (Trustee) is discharged as trustee of the estate of the above-named debtor(s); and the chapter 7 case of the above named debtor(s) is closed. BY THE COURT Dated: September 30. 2008 Mary D. France United States Bankruptcy Judge This document is electronically signed and filed on the same date. Case 1:06-bk-01893-MDF Doc 59 Filed 09/30/08 Entered 09/30/08 10:19:10 Desc Final Decree Closing Case Page 1 of 1 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff, V. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1431- CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () 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.A. §4904 relating to unsworn falsification to authorities. DANIEL G. SCHM G, ESQUIRE Attorney for Plaintiff N_ Q CPO ?l -?) M1 C:) rT-. rn STi T N) c BANK OF NEW YORK AS TRUSTEE FOR THE ? CEYTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff, V. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1431- CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005- 04, 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,_119 EAST MARBLE STREET, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEFFREY T. FETTERHOFF 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 THERESA L. FETTERHOFF A/K/A 119 EAST MARBLE STREET THERESA L. NETRO A/K/A THERESA L. MECHANICSBURG, PA 17055 GEMMILL 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. October 28, 2008 /-P t-'-i J A, DATE DANIEL G. SCHM , ESQUIRE Attorney for Plaintiff e? ..;-, i? L^'p ry. ..?_, ; :: _? ? i x?- tom a BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff, V. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL Defendant(s). CUMBERLAND COUNTY No. 06-1431- CIVIL TERM October 28, 2008 TO: JEFFREY T. FETTERHOFF 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $135,763.10 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 (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. Y LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the north side of East Marble Street at line of lands now or formerly of Dennis Landi, which said pin is also referenced a distance of 230.25 feet measured in a westerly direction from the center line of Shepherdstown Road; thence along the north side of East Marble Street, South 70 degrees 30 minutes 00 seconds West a distance of 47 feet to an iron pin at line of lands now or formerly of Clarence Bricker; thence along said last mentioned lands, North 19 degrees 07 minutes 50 seconds West a distance of 146.19 feet to an iron pin on the southern line of a 20 feet wide alley; thence along the southern side of said alley, North 67 degrees 30 minutes 16 seconds East, a distance 46.12 feet to an iron pin at line of lands now or formerly of Dennis Landi; and thence along said last mentioned lands, South 19 degrees 30 minutes 00 seconds East, a distance of 148.60 feet to an iron pin, the place of BEGINNING. This description is made in accordance with a survey by Gerrit J. Betz Associates dated January 21, 1980. HAVING THEREON erected a dwelling house known and numbered as 119 East Marble Street, Mechanicsburg, Pennsylvania. Vested by: Deed dated 3/30/05, given by Donald 1. Crenshaw and Brenda Crenshaw, husband and wife to Jeffrey T. Fetterhoff and Theresa L. Fetterhoff, husband and wife recorded 4/11/05 in Book: 268 Page 1768. PREMISES BEING: 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055 PARCEL NO. 17-24-0787-115 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1431 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK As Trustee for THE CERTIFICATEHOLDERS OF CWABS 2005-04, Plaintiff (s) From JEFFREY T. FETTERHOFF, THERESA L. FETTERHOFF, a/k/a THERESA L. NETRO, a/k/a THERESA L. GEMMILL (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 $135,763.10 L.L. Interest from 5/06/06 to 3/04/09 (per diem - $22.32) -- $23,078.88 and Costs Atty's Comm % Atty Paid $1,154.19 Plaintiff Paid Date: 10/29/08 (Seal) Due Prothy $2.00 Other Costs rothonota By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy ?. A 1 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 VS. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 06-1431- CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 hereby verify that true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested parry see Exhibit "A" attached hereto. DATE: February 2, 2009 ' v ltiC V L G. SCIEHMIEG, Attorney for Plaintiff .M w a W w x a o ? a. W o ? 0 z ?. d ACC $888 F? y C? N 'boQ ??41 uµy7 ' i.. ice' N V W 7 I to, p O 9 P va O £0 L6 L 3000d12 WONA Q3-11VW Q 8 p o SOOZ SO AON 0 LOS LZfr000 a a a QQz"ZQ s WL zo .2 $_? 'u ? O wp w ? N O P P ?r+ u ? co N O p O 00 W O P? C14 CI w Cl) a 3 Wa 10 w o H rs ? ? ? Q w ? O 04 e w ??, ? w?? v 3 O ?w¢? ?N g ?Cn W? ate, r?'n w wo O7a Exa-? w 3 ?d/? e?UOr' d0 CL1 yam u co4j s 3 o o o d , ? z rn a -0a W o~ O ?U p QO Mc° z A w w ? F O Z Q 00 M ? N ,a `r? a ? a Q, k. N d O O ? a ? ? L.K H CQ ? ? ? .ts C ? a> o? ? ??I Vl ? 7 ? ? ? 41 ?4 z ? v M L d ? w O Z 0O 00 V?" O Q ? (W M rr "d d N 6? L zdO a £0 L6 L 3QOodIZ WOa;j 03 ivw 600Z 8Z NVf 0 LOS LZb000 OZ•ZO $ VU ZO r y 13MOR 63M M 'SIMM=Mhl.;If Q dig u 94' ? ^ U ,D ows.?s N F Cp O ? O. D p ?' . ,Q a c? ' ? S "rPn 00 O N .? M a w 0 G W w N I a°w ?s t ?+ a Fi H 0?4 qyy O T ?qx? en I?r 4, 01 -1 -1 a'I ol w t ? e ? Y _, ? . +? Q CTS BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff, V. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1431- CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005- 04, 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,119 EAST MARBLE STREET. MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEFFREY T. FETTERHOFF 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 THERESA L. FETTERHOFF A/K/A 119 EAST MARBLE STREET THERESA L. NETRO A/K/A THERESA L. MECHANICSBURG, PA 17055 GEMMILL 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) Borough of Mechanicsburg West Strawberry at North Market Street Mechanicsburg, PA 17055 Borough of Mechanicsburg c/o David J. Spotts, Esq. 36 West Allen Street Mechanicsburg, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to sworn falsification to authorities. r February 2, 2009 N Yk DATE DANIEL G. SCH1V Attorney for Plainti t, . •? ?. } C3 7 ? ' 'S , N -.- -. C Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE Court of Common Pleas CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff Civil Division V. CUMBERLAND County JEFFREY T. FETTERHOFF No. 06-1431- CIVIL TERM THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 14, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on May 9, 2006 in the amount of $137,476.70. 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 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 7 Bankruptcy at Docket Number 1:06-01893 on September 1, 2006. The Bankruptcy was discharged by order of court dated September 15, 2008. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on July 1, 2009. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $125,900.00 Interest Through July 1, 2009 $39,186.39 Per Diem $36.22 Late Charges $1,308.42 Legal fees $1,675.00 Cost of Suit and Title $1,394.00 Sheriffs Sale Costs $942.69 Property Inspections/ Property Preservation $1,133.50 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($456.67) Escrow Deficit $11,418.26 TOTAL $182,501.59 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 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 June 18, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 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: ? V-5 V 6; Phelan Hallinan & Schmieg, LLP BY: / Lawrence T. Phelan, Esquire --Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff V. JEFFREY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-1431- CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JEFFREY T. FETTERHOFF A/K/A and THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO 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 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055. 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, Defendants 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 Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must 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 Defendants 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 Defendants' 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 mortgagors are 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 mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping C, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. ? ?.s/LoaS DATE: Phelan Hallinan & Schmieg, LLP ,I j By: Lawrence T. Phelan, Esquire -'Vrancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. JEFFREY T. FETTERHOFF THERESA L. FETI'ERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 COURT OF COMMON PLEAS CIVIL DIVISION Defendants TERM NO. Q (. - hq3 j CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE C 'LQ7i?2-1-n IOL t--) U c, E-5 cY' -n -'. ND 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 of 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. We hereby verily the wWn to be a true ww . Qonw r=opy Of the 009ift f9ed Of f9md PHELAN Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 132086 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 #: 132086 Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMELL 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/31/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MERS AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1903, Page: 878. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2005 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 #: 132086 6. The following amounts are due on the mortgage: Principal Balance $125,900.00 Interest 7,741.80 07/01/2005 through 03/10/2006 (Per Diem $30.60) Attorney's Fees 1,250.00 Cumulative Late Charges 321.30 03/31/2005 to 03/10/2006 Cost of Suit and Title Search 550.00 Subtotal $ 135,763.10 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 135,763.10 7. 9 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEkEFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 135,763.10, together with interest from 03/10/2006 at the rate of $30.60 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 H LLINAN & SCHIvII.EG, LLP By: /s/Francis S. Halligan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 132086 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the north side of East Marble Street at line of lands now or formerly of Dennis Landi, which said pin is also referenced a distance of 230.25 feet measured in a westerly direction from the center line of Shepherdstown Road; thence along the north side of East Marble Street, South 70 degrees 30 minutes 00 seconds West a distance of 47 feet to an iron pin at line of lands now or formerly of Clarence Bricker; thence along said last mentioned lands, North 19 degrees 07 minutes 50 seconds West a distance of 146.19 feet to an iron pin on the southern line of a 20 feet wide alley; thence along the southern side of said alley, North 67 degrees 30 minutes 16 seconds East, a distance 46.12 feet to an iron pin at line of lands now or formerly of Dennis Landi; and thence along said last mentioned lands, South 19 degrees 30 minutes 00 seconds East, a distance of 148.60 feet to an iron pin, the place of BEGINNING. This description is made in accordance with a survey by Gerrit J. Betz Associates dated January 21, 1980. HAVING THEREON erected a dwelling house known and numbered as 119 East Marble Street, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which William A. Duncan and Heather M. Duncan, husband and wife by their Deed dated May 15, 2003, recorded May 20, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 257, Page 595, granted and conveyed unto Donald L. Crenshaw and Brenda Crenshaw, the Grantors herein. PARCEL NO. 17-24-0787-115 File #: 132086 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLANT FF 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. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 211 tlolo(o 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff, V. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL 1 n C N 0 0 F, z- CUMBERLAND COU MM COURT OF COMMON ?IfA S w CIVIL DIVISION 5c o , ° NO. 06-1431 ? 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 JEFFREY T. FETTERHOFF and THERESA L. FETTERHOFF A/K/A THERESA L. NETRO A/K/A THERESA L. GEMMILL, 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 3/11/06 to 5/5/06 TOTAL $135,763.10 $1,713.60 $137,476.70 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. 62)ao" 'r ? , A. TTORNEY FILE COPY DANIEL G. SCHIvIIEG, ESQUH-RLT LEASE RETURN Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: r;? PRO ROTTi Exhibit "C" OF18 (Official Form 18)(12/07) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade): Theresa Louise Fetterhoff 1101 Lindham Court Apartment 402 Mechanicsburg, PA 17055 Chapter 7 Case No. 1:06-bk-01893-MDF Jeffrey Todd Fetterhoff 1101 Lindham Court Apartment 402 Mechanicsburg, PA 17055 Last four digits of Social-Security, Individual Taxpayer-Identification, Employer Tax-Identification No(s)(if any): xxx-xx-5780 xxx-xx-4760 DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED:The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). BY THE COURT Dated: September 15, 2008 704??A?/Lpw? Mary D. France United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. This document is electronically signed and filed on the same date. Case 1:06-bk-01893-MDF Doc 57 Filed 09/15/08 Entered 09/15/08 14:37:36 Desc Discharge Ch 7 Pre/Post Act Page 1 of 3 Exhibit "D" °o W W x U z Q x a 0 U a v T a U ^ C o C'? N O E ? A C o C 4 a ? U N so L6 L 3000coz WOHJ 0311M _ E w soot sz Nnr o Los Lz?ooo N NLOB A3Nlid ® G _ ® ? V ry ? G. E K "'I d p O O `? Dy Q ? U m p 5 N v z ' ?o ?i: 3 a E F E ? W Q x A `v o.•a ° 'c A ? n oo E o v o 0-0 pwsv'--. W Qi rl O p O ? P ? 1 ? r ? '0 C r0 N o /y? Yy/y ? /y{ y/??i + ?y/y /?? + O ? 'J ? 6?9 LYi ? F 1 1 ?1 1 1 d F F F F F F t w w w ? r?i? Wvt WO W O a? a? aN ? a" W? WQ' W? a C F< F F v? T ? ? r O o +'' ?: c 0(;j wa ? wa ? wa f p,W w wF wz w og ? G,c? W F a F" U ? W ? W Gr GT ?' G4 '? ? ? ? r wa . wa we ?.? z ?? ?Q ?? Ha o`OO a?OO ago z N N N ? M M M U rl rl rl p ° a a a ? a? Z„ .-? N m kn 00 p? O N M V'1 0 ° f? 00 M 0 a a -o a 'd L G ? as E^o? zeo ?y a N VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am 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 my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification of authorities. DATE: ?- 5I-5 By: Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esquire -f"r-ancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff V. JEFFREY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-1431- CIVIL TERM Defendants 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. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO 2 MARSHALL DRIVE APARTMENT 21K CAMP HILL, PA 17011 JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO 1101 LINDHAM CT APT 402 MECHANICSBURG, PA 17055-5421 Phelan Hallinan & Schmieg, LLP DATE: BY: I,) L'w??- Lawrence T. Phelan, Esquire .-Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire ATTORNEY FOR PLAINTIFF RLED-C,r RCF OF THE FIPTI NOTARY 2009 JUL -2 AM 10: 34 I- Bank of new York as Trustee for the Certificateholders of CWABS 2005-04 VS Jeffrey T. Fetterhoff and Theresa L. Fetterhoff a/k/a Theresa L. Netro a/k/a Theresa L. Gemmill In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1431 Civil Term Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 10, 2008 at 1930 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Jeffrey T. Fetterhoff and Theresa L. Fetterhoff a/k/a Theresa L. Netro a/k/a Theresa L. Gemmill, by making known unto Theresa L. Fetterhoff personally and adult in charge for Jeffrey T. Fetterhoff, at 901 Rupp Ave., Apt. 4, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2009 at 1815 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 Jeffrey T. Fetterhoff and Theresa L. Fetterhoff a/k/a Theresa L. Netro a/k/a Theresa L. Gemmill located at 119 East Marble Street, Mechanicsburg, 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 defendants, to wit: Jeffrey T. Fetterhoff and Theresa L. Fetterhoff a/k/a Theresa L. Netro a/k/a Theresa L. Gemmill, by regular mail to their last known address of 901 Rupp Ave., Apt. 4, Camp Hill, PA 17011. These letters were mailed under the date of January 9, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED. Sheriff s Costs: Docketing 30.00 Poundage 19.95 Posting Bills 15.00 Advertising 15.00 Prothonotary 2.00 Milage 18.00 Levy 15.00 Surcharge 30.00 Post Pone Sale 40.00 Law Journal 395.00 Patriot News 422.00 Share of Bills 15.52 1017.47 So Answers, R. Thomas Kline, Sl?ieriff 0 to 1 By Real Estate Coordinator C_-H '-? -r•1 r JL„" BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 V. Plaintiff, JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF AIK/A THERESA L. NETRO A/K/A THERESA L. GEMMILL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1431- CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005- 04, 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 ,119 EAST MARBLE STREET, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEFFREY T. FETTERHOFF 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 THERESA L. FETTERHOFF A/K/A 119 EAST MARBLE STREET THERESA L. NETRO A/K/A THERESA L. MECHANICSBURG, PA 17055 GEMMILL 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. NaAie 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 119 EAST MARBLE; STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building; Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. October 28, 2008 J -J(1 DATE DANIEL G. SCHMI , ESQUIRE Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff, 1 v. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. NETRO AIWA THERESA L. GEMMILL Defendant(s). CUMBERLAND COUNTY No. 06-1431- CIVIL TERM October 28, 2008 TO: JEFFREY T. FETTERHOFF 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 THERESA L. FETTERHOFF AJK/A THERESA L. NETRO A/K/A THERESA L. GEMMILL 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 "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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $135,763.10 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you wi)i 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 clays 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. LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the north side of East Marble Street at line of lands now or formerly of Dennis Landi, which said pin is also referenced a distance of 230.25 feet measured in a westerly direction from the center line of Shepherdstown Road; thence along the north side of East Marble Street, South 70 degrees 30 minutes 00 seconds West a distance of 47 feet to an iron pin at line of lands now or formerly of Clarence Bricker; thence along said last mentioned lands, North 19 degrees 07 minutes 50 seconds West a distance of 146.19 feet to an iron pin on the southern line of a 20 feet wide alley; thence along the southern side of said alley, North 67 degrees 30 minutes 16, seconds East, a distance 46.12 feet to an iron pin at line of lands now or formerly of Dennis Landi; and thence along said last mentioned lands, South 19 degrees 30 minutes 00 seconds East, a distance of 148.60 feet to an iron pin, the place of BEGINNING. This description is made in accordance with a survey by Gerrit J. Betz Associates dated January 21, 1980. HAVING THEREON erected a dwelling house known and numbered as 119 East Marble Street, Mechanicsburg, Pennsylvania. Vested by: Deed dated 3/30/05, given by Donald I. Crenshaw and Brenda Crenshaw, husband and wife to Jeffrey T. Fetterhoff and Theresa L. Fetterhoff, husband and wife recorded 4/11/05 in Boolc: 268 Page 1768. PREMISES BEING: 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055 PARCEL NO. 17-24-0787-115 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1431 Civil CIVIL ACTION - LAW T(1 THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK As Trustee for THE CERTIFICATEHOLDERS OF CWABS 2005-04, Plaintiff (s) From JEFFREY T. FETTERHOFF, THERESA L. FETTERHOFF, a/k/a THERESA L. NETRO, a/k/a THERESA L. GEMMILL (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 $135,763.10 L.L. Interest from 5/06/06 to 3/04/09 (per diem - $22.32) -- $23,078.88 and Costs Atty's Comm % Arty Paid $1,154.19 Plaintiff Paid Date: 10/29/08 Due Prothy $2.00 Other Costs Prothonotary (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE By: Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy -WE C"n FROW RECORD 'n T8ift" NIhMii g, I h" so so " hoc i1?9 to st 34W C" 9 Cad", Real Estate Sale #28 On November 12, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 119 East Marble St., Mechanicsburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 12, 2008 By:, Real Estate rgeant ThA Patriot-News Co. 812 Market'St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ?he?latriot-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 REAL ESTATE SALE NO. 28 Writ No. 2008-1431 Civil Term Bank of New York as Trustee for the Certificateholders of CWABS 2005-04 VS Jeffrey T. Fetterhoff and Theresa L. Fetterhoff a/Wa Theresa L. Netro a/k/a Theresa L. Gemmill Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the north side of East Marble Street at line of lands now or formerly of Dennis Landi, which said pin is also referenced a distance of 230.25 feet measured in a westerly direction from the center fine of Shepherdstown Road; thence along the north side of East Marble Street, South 70 degrees 30 minutes 00 seconds West a distance of 47 feet to an iron pin at line of lands now or formerly of Clarence Bricker; thence along said last This ad ran on the date(s) shown below: 01/21/09 01/28/09 02/04/09 Sworn to ands ub ribed before me this 25 day of February, 2009 A.D. L L Notary Public C0MN10NU1 Ei-,..TH ;r "ENNSYLVANJ A Sherri; L. Kii^"_ , Not Public CkyOf liOrris+sam? Dauphin County My Corrxtt?si• an : wes Nov. A 2011 Member. Pennnsyiva`i , .° ssoclatlon of Notwles mentioned lands, North 19 degrees 07 minutes 50 seconds West a distance of 146.19 feet to an iron pin on the southern line of a 20 feet wide alley; thence along the southern side of said alley, North 67 degrees 30 minutes 16 seconds East, a distance 46.12 feet to an,iron pin at line of lands now or formerly of Dennis Landi; and thence along said last mentioned lands, South 19 degrees 30 minutes 00 seconds East, a distance of 148.60 feet to an iron pin, the place of BEGINNING. This description is made in accordance with a survey by Gerrit J. Betz Associates dated January 21, 1980. HAVING THEREON erected a dwelling house known and numbered as 119 East Marble Street, Mechanicsburg, Pennsylvania. Vested by: Deed dated 3/30/05, given by Donald 1. Crenshaw and Brenda Crenshaw, husband and wife to Jeffrey T. Fetterhoff and Theresa L. Fetterhoff, husband and wife recorded 4111/05 in Book: 268 Page 1768. PREMISES BEING: 119 EAST MARBLE STREET, MECHANICSBURG, P A 17055 PARCEL NO. 17-24-0787-115 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: January 30, February 6, and February 13, 2009 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. Lisft Marie CoynelEditor SWORN-TO AND SUBSCRIBED before me this 13 day of February 13, 2009 Notary ORAH 1 COLONS FCAIRLISILE OTARIAL SEAL Notary public 'Q, CUMEERLAND COUNN ion Expiri-Ds Apr 2 3, 2010 REAL ESTATE SALE NO. 28 Writ No. 2006-1431 Civil Bank of New York as Trustee for the Certificateholders of CWABS 2005-04 VS. Jeffrey T. Fetterhoff and Theresa L. Fetterhoff a/k/a Theresa L. Netro a/k/a Theresa L. Gemmill Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situ- ate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the north side of East Marble Street at line of lands now or formerly of Dennis Landi, which said pin is also referenced a distance of 230.25 feet measured in a westerly direction from the center line of Shepherds- town Road; thence along the north side of East Marble Street, South 70 degrees 30 minutes 00 seconds West a distance of 47 feet to an iron pin at line of lands now or formerly of Clarence Bricker; thence along said last mentioned lands, North 19 degrees 07 minutes 50 seconds West a distance of 146.19 feet to an iron pin on the southern line of a 20 feet wide alley; thence along the southern side of said alley, North 67 degrees 30 minutes 16 seconds East, a distance 46.12 feet to an iron pin. at line of lands now or formerly of Dennis Landi; and thence along said last mentioned lands, South 19 degrees 30 minutes 00 seconds East, a distance of 148.60 feet to an iron pin, the place of BEGINNING. This description is made in accor- dance with a survey by Gerrit J. Betz Associates dated January 21, 1980. HAVING THEREON erected a dwelling house known and numbered as 119 East Marble Street, Mechan- icsburg, Pennsylvania. Vested by: Deed dated 3/30/05, given by Donald I. Crenshaw and Brenda Crenshaw, husband and wife to Jeffrey T. Fetterhoff and Theresa L. Fetterhoff, husband and wife recorded 4/11/05 in Book: 268 Page 1768. PREMISES BEING: 119 EAST MARBLE STREET, MECHANICS- BURG, PA 17055. PARCEL NO. 17-24-0787-115. JUL 0 6 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff V. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 06-1431- CIVIL TERM RULE AND NOW, this day of 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Rule Returnable on the day of 2009, at l0.30. in the Main Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylv B THE J. Lawrence T. Phelan, Esquire ?ancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 .."XiEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO 1101 LINDHAM CT APT 402 MECHANICSBURG, PA 17055-5421 120I1 i&.S P7-La L 1 ? -? JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO 2 MARSHALL DRIVE APARTMENT 21K CAMP HILL, PA 17011 4 132086 r.,. 1HE TAR, 2009 JU! -- 7 AIF i 5: a C, lr?id : l 1?0 BANK OF NEW YORK AS TRUSTEE FOR: IN THE COURT OF COMMON PLEAS OF THE CERTIFICATEHOLDERS OF CUMBERLAND COUNTY, PENNSYLVNAIA CWABS 2005-04 Plaintiff NO. 06-1431 Civil Term VS. JEFFREY T. FETTERHOFF, THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO Defendant Civil Division ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at Oral Argument on Plaintiff's Motion to Reassess Damages on July 24, 2009 at 10:30 a.m. in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Date: July 21, 2009 Dale F. Shu Uta r. Supreme Cou 19373 10 West High Street Carlisle, PA 17013 (717) 241-4311 CC: Francis S. Hallinan, Esquire Jeffrey T. Fetterhoff, Defendant Theresa L. Fetterhoff, a/k/a Theresa L. Gemmill, a/k/a Theresa L. Netro, Defendant n OF 7HE P. TH"'"E'-TARY 2009 JUL 21 P 3.4 6 r' `I S'YLV N '!; Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff V. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-1431- CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of July 24, 2009 was sent to the following individuals on the date indicated below. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO 1101 LINDHAM CT APT 402 MECHANICSBURG, PA 17055-5421 DATE: --7 107 Lpo/ JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO 2 MARSHALL DRIVE APARTMENT 21K CAMP HILL, PA 17011 By: Phelan Hallinan & Schmieg, LLP ?llc? Lawrence T. Phelan, Esquire -Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire ATTORNEY FOR PLAINTIFF RLED-OFTE OF THE PRO?'.HCNINOTAAY 1009 JUL 2 ! Aid 10: i, 0 CUIV -4°1-: ;D, _-?Ji?drY PEI INSYl.VAI, 'i, a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK AS TRUSTEE FOR THE Court of Common Pleas CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff Civil Division V. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO CUMBERLAND County No. 06-1431- CIVIL TERM Defendants ORDER AND NOW, this Iq day of , 2009 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $125,900.00 Interest Through July 1, 2009 $39,186.39 Per Diem $36.22 Late Charges $1,308.42 Legal fees $1,675.00 Cost of Suit and Title $1,394.00 Sheriffs Sale-Costs $942.69 Property Inspections/ Property Preservation $1,133.50 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 132086 Suspense/Misc. Credits ($456.67) Escrow Deficit $11,418.26 TOTAL $182,501.59 Plus interest from July 1, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 4 THE J. Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 JEFFREY T. FETTERHOFF JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO THERESA L. NETRO 119 EAST MARBLE STREET 2 MARSHALL DRIVE APARTMENT 21K MECHANICSBURG, PA 17055 CAMP HILL, PA 17011 132086 JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO 1101 LINDHAM CT APT 402 MECHANICSBURG, PA 17055-5421 132086 A LFD-4,lit 4<J,. OF 7HF Pi c~ `7RY 2009 JUIL 24 Ali 10: 33 y ayf©, ? (3 *W-j 40114P? PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF NEW YORK AS TRUSTEE FOR THE COURT OF COMMON PLEAS CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff CIVIL DIVISION v JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/02/2009 ($30.00 per diem) NO. 06-1431- CIVIL TERM CUMBERLAND COUNTY $182,501.59 $10,080.00 TOTAL $192,581.59 Attorney for Plaintiff Phelan Hallinan & Sch eg, LLP ? Lawrence T. Phelan sq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 V y B. Jones, Esq., Id. No. 86657 ter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 132086 4 o? aCOD a Oa 0 O? O? Uw ?U 0 a 0 eV U O w O H U r•, G? E¦ a w U W x H a 0 W H Q z Oa d C1 > Y? w? °a O >0 L0?z HHaa? ww ti "Q h+l W o ° H? w 0 w ? U a -d ? u,v rw a v w? ? n. Qd., ?wh¢¢ ¢ 3 .4 Z -4 ?x < HH Q ti ° U x??? 0 ? E rnU 0 N y? M [?MM 00QzON0 p Q O M ? 01 N O rs,z o oz ozo?ornN,r `? o c? o 6Z F-7 tiZZbZ ti d o °? ozZ ?ZZb a,db zzZ?zb U ebb ? ??Wwbb 6 zb O ?Qw a~ ?w ? C (° owwWw ?w W fl cd, Cc > -,o 4 x c? AS) 0 C, 0 o QQ,awA GO -n -I> ?a.¢S.?U °Ud w LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the north side of East Marble Street at line of lands now or formerly of Dennis Landi, which said pin is also referenced a distance of 230.25 feet measured in a westerly direction from the center line of Shepherdstown Road; thence along the north side of East Marble Street, South 70 degrees 30 minutes 00 seconds West a distance of 47 feet to an iron pin at line of lands now or formerly of Clarence Bricker; thence along said last mentioned lands, North 19 degrees 07 minutes 50 seconds West a distance of 146.19 feet to an iron pin on the southern line of a 20 feet wide alley; thence along the southern side of said alley, North 67 degrees 30 minutes 16 seconds East, a distance 46.12 feet to an iron pin at line of lands now or formerly of Dennis Landi; and thence along said last mentioned lands, South 19 degrees 30 minutes 00 seconds East, a distance of 148.60 feet to an iron pin, the place of BEGINNING. This description is made in accordance with a survey by Gerrit J. Betz Associates dated January 21, 1980. HAVING THEREON erected a dwelling house known and numbered as 119 East Marble Street, Mechanicsburg, Pennsylvania. Vested by: Deed dated 3/30/05, given by Donald I. Crenshaw, husband and wife to Jeffrey T. Fetterhoff and Theresa L. Fetterhoff, husband and wife recorded 4/11/05 in Book: 268 Page 1768. PREMISES BEING: 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055 PARCEL NO. 17-24-0787-115 fn1dec(08/07) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade): Theresa Louise Fetterhoff 1101 Lindham Court Apartment 402 Mechanicsburg, PA 17055 Chapter 7 Case No. 1:06-bk-01893-MDF Jeffrey Todd Fetterhoff 1101 Lindham Court Apartment 402 Mechanicsburg, PA 17055 Last four digits of Social-Security, Individual Taxpayer-Identification, Employer Tax-Identification No(s)(if any): xxx-xx-5780 xxx-xx-4760 FINAL DECREE The estate of the above named debtor(s) has been fully administered. IT IS ORDERED THAT: Lawrence G. Frank (Trustee) is discharged as trustee of the estate of the above-named debtor(s); and the chapter 7 case of the above named debtor(s) is closed. BY THE COURT Dated: September 30. 2008 Mary D. France United States Bankruptcy Judge This document is electronically signed and filed on the same date. Case 1:06-bk-01893-MDF Doc 59 Filed 09/30/08 Entered 09/30/08 10:19:10 Desc Final Decree Closing Case Page 1 of 1 FILED-OFFICE O THE PROTHONOTARY ZH9 DEC -7 AM 10-- 12 "bE-6 . -1 COUNTY Ra"v it 3(o,80 C I&F I (0. oo '1 34. 3o a?•oo " 94a, coq J o 17. 14 11 , 55. so It 9. oo " 4 a,1 q5, JpU -PD AnY $a. oo Due Ca ev_*' R&U0 48 1?r* aM 5?f --RE LQxLt " Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff V. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 06-1431- CIVIL TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. -X By: (2(__1J Attorney for Plaintiff 1 Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? ay B. Jones, Esq., Id. No. 86657 lJ Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 U'F nrf 'T 2009 DEC -7 AM 10: 12 'Li P& YLVAW BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff V. JEFFREY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1431- CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055. Name and address of Owner(s) or reputed Owner(s): Name 2. 3. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL AIK/A THERESA L. NETRO Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 902 RUPP AVENUE; APT. 4 CAMP HILL, PA 17011 902 RUPP AVENUE; APT. 4 CAMP HILL, PA 17011 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) MECHANICSBURG BOROUGH OF WEST MECHANICSBURG, PA 17055 STRAWBERRY @ NORTH MARKET STREET MECHANICSBURG BOROUGH OF WEST 36 WEST ALLEN STREET STRAWBERRY @ NORTH MARKET STREET MECHANICSBURG, PA 17055 C/O: DAVID J. SPOTTS, ESQUIRE Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 P.O. 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.A. § 4904 relating to unsworn falsification to authorities. December 3, 2009 By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? y B. Jones, Esq., Id. No. 86657 z Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 RLEa-OFRCE f THE PROII?C?NOTARY 2009 DEC -7 AM 10. 12 ,4J COUNTY P8 LVAM - BANK OF NEW YORK AS TRUSTEE FOR THE - - ----- COURT OF COMMON-PLEAS CERTIFICATEHOLDERS OF CWABS 2005-04 CIVIL DIVISION Plaintiff : : NO. 06-1431- CIVIL TERM VS. CUMBERLAND COUNTY JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF 902 RUPP AVENUE; APT. 4 A/K/A THERESA L. GEMMILL CAMP HILL, PA 17011 A/K/A THERESA L. NETRO 902 RUPP AVENUE; APT. 4 CAMP HILL, PA 17011 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $182,501.59 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 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 sSale-is^not-stopped; yourproperty will be sold-to the highest-bidder: "You-may-find-outAhc- price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 w SHORT DESCRIPTION By virtue of a Writ of Execution NO.06-1431- CIVIL TERM BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 VS. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO owner(s) of property situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, being (Municipality) 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055 Parcel No. 17-24-0787-115 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $182,501.59 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ___ ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the north side of East Marble Street at line of lands now or formerly of Dennis Landi, which said pin is also referenced a distance of 230.25 feet measured in a westerly direction from the center line of Shepherdstown Road; thence along the north side of East Marble Street, South 70 degrees 30 minutes 00 seconds West a distance of 47 feet to an iron pin at line of lands now or formerly of Clarence Bricker; thence along said last mentioned lands, North 19 degrees 07 minutes 50 seconds West a distance of 146.19 feet to an iron pin on the southern line of a 20 feet wide alley; thence along the southern side of said alley, North 67 degrees 30 minutes 16 seconds East, a distance 46.12 feet to an iron pin at line of lands now or formerly of Dennis Landi; and thence along said last mentioned lands, South 19 degrees 30 minutes 00 seconds East, a distance of 148.60 feet to an iron pin, the place of BEGINNING. This description is made in accordance with a survey by Gerrit J. Betz Associates dated January 21, 1980. HAVING THEREON erected a dwelling house known and numbered as 119 East Marble Street, Mechanicsburg, Pennsylvania. Vested by: Deed dated 3/30/05, given by Donald I. Crenshaw, husband and wife to Jeffrey T. Fetterhoff and Theresa L. Fetterhoff, husband and wife recorded 4/11/05 in Book: 268 Page 1768. PREMISES BEING: 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055 PARCEL NO. 17-24-0787-115 RLED-OFFICE OF THE pROTHONOTARY' 2489 DEC -7 AM IQ: 12 CtJM€'??; E;wN'IY iRA1S'1'LV" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1431 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK, as Trustee FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04, Plaintiff (s) From JEFFREY T. FETTERHOFF, THERESA L. FETTERHOFF, a/k/a THERESA L. GEMMILL, a/k/a THERESA L. NETRO (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 $182,501.59 L.L. Interest from 7/2/09 ($30.00 per diem) -- $10,080.00 Atty's Comm % Due Prothy $2.00 Atty Paid $2,195.66 Plaintiff Paid Date: 12/7/09 Other Costs (Seal) REQUESTING PARTY: Name: PETER J. MULCAHY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER PLAZA 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 - - r --J Supreme Court ID No. 61791 PHELAN HALLINAN & SCHMIEG LLP BY: Vivek Srivastava, Esq. Attornev I.D. No.: 202331 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 vs. JEFFREY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-1431 CIVIL TERM MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT cn r- r Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Notice of Sale and all future pleadings upon the above-captioned Defendants, JEFFREY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF and THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO, by first class mail and certified mail to the Defendant's last known address, 1101 LINDHAM COURT, APT. 402, MECHANICSBURG, PA 17055 and mortgaged premises, 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055, posting of the mortgaged premises, 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: P4 cm 35 Cq).? ?Y rn 3 AFFIDAVIT OF SERVICE 13r PLAINTIFF CUMBERLAND COUNTY BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 DEFENDANT JEFFREY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO PHS # 132086 SERVICE TEAM/ iin COURT NO.: 06-1431- CIVIL TERM SERVE JEFFREY T. FETTERHOFF A/K/A JEFFREY TYPE OF ACTION T. FETTERHOFF A/K/A JEFFREY TODD XX Notice of Sheriffs Sale FETTERHOFF AT: SALE DATE: 06/02/2010 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 SERVED Served and made known to Defendant on the day of o'clock_. M., at in the manner described below: - Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other 200 _, at I> , 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 day of , 200-. Notary: By: NOT SERVED On the $ Ro day of _ j}Nr/AL 1 , 2000, at 4; o4o'clock ?. M., Defendant NOT FOUND because: ? Vacant _ Bad Address - No Answer _ Service Refused Other: Sworn to and subscribed before me this N day of U . Moved _ Does Not Reside (Not Vacant) _ B Notary: K1Nib0tLY CURTY NOTARY pUBLtC STATE OF liw V many t Wy c vimTSSH tN EXPIRES MARCH ?' rence T. Phelan, Esq Id. No. 32227 F cis S. flaltinan, Esq., Id. No. 62695 4ri`11 G. Schmie8, Esq., Id. No. 62205 e rd, Esq„ Id. N. 69849 T. Romano, Esq., Id. No. 58745 R. Shah-Jani, Esq., Id. Na 81760 Jenine R Davey, -sq., Id. No. 87077 Lauren R, Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No, 202331 Jay B. Jones, Esq., Id. No, 86657 I? AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 PHS # 132086 DEFENDANT JEFFREY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF THERESA L. FETTERHOFF AIK/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO SERVICE TEAM/ tin N?4 77. A COURT NO.: 06-1431- CIVIL TERM SERVE THERESA L. FETTERHOFF A/K/A THERESA TYPE OF ACTION FETTERHOFF A/K/A THERESA LOUISE XX Notice of Sheriffs Sale FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A SALE DATE: 06/02/2010 THERESA L. NETRO AT: 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 SERVED Served and made known to Defendant on the _ day of 200 _, at o'clock_. M., at in the manner described below: - Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, , 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 day of , 200_. Notary: By: NOT SERVED On the 3Ro day of -TAwvA" 2ND at 11:Mo'clock . M., Defendant NOT FOUND because: ? Vacant _ No Answer Other: _ Bad Address Service Refused Sworn to and subsc 'bed before me this day Notary. MY By; Moved _ Does Not Reside (Not Vacant) MBf.RLY CURTY NOTARY PLIBLIC kT'E Of WW ,R;RSEY &SION EXPIRES MARCH 7,1013 4u,& Laweence T. Phelan, Esq., Id. No. 32227 Francis S. Halkinan, Esq., Id. No. 62695 Daniel G. Schmicg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Ro nal Esq., Id. No. 58745 Shcetal R. Shah-Juno Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 AFFIDAVff OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 DEFENDANT JEFFREY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO e(HIBI T , PHS # 132086 SERVICE TEAM/ 'in _ COURT NO.: 06-1431- CIVIL TERM SERVE JEFFREY T. FETTERHOFF A/K/A JEFFREY TYPE OF ACTION T. FETTERHOFF A/K/A JEFFREY TODD XX Notice of Sheriffs Sale FETTERHOFF AT: SALE DATE: 06/02/2010 1101 LINDHAM CT APT 402 MECHANICSBURG, PA 17055-5421 SERVED Served and made known to Defendant on the ^ day of 200 _, at o'clock _. M., at , in the manner described below: - Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, , 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 day of 200_. Notary: By: NOT SERVED On the t<4?day of , 20QLL, at 5:dlo'clock P-. M., Defendant NOT FOUND because: - Vacant _ Bad Address - Moved ?Does Not Reside (Not Vacant) - No Answer Service Refused Other: Sworn to and subsc 'bed of fore ine this day Nota ATTORNEY FOR PLAINTIFF 1? I r. Lawrence T. Phelan, Esq., Id. No. 32227 Kl I°t +T E t? 1 y CURTY Funds S. Haltinan, Esq., Id. No. 62695 ' 7? Daniel G. Schroieg, Esq., id. No. 62205 N',l , ARC' 1' u SLiC Michele M. Bradford, Esq., Id. No. 69849 . STt?TE ?? 13Tr,W l.RSF-Y Judith T. Romani Esq., Id. No W MY COMM1SStN C_X+ stLES MARCH 7, Z(?13 911dBI P- Jenine P- DaM, Esq., a aq,Ia No. Lauren R. Tabos, Esq., Id. No. 93337 AFFIDAVIT OF SERVICE ??? PLAINTIFF CUMBERLAND COUNTY 1 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 PHS # 132086 DEFENDANT JEFFREY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO SERVE THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF AIWA THERESA LOUISE FETTERHOFF A/KJA THERESA L. GEMMILL A/K/A THERESA L. NETRO AT: 1101 LINDHAM CT APT 402 MECHANICSBURG, PA 17055-5421 SERVED SERVICE TEAM/ iin COURT NO.: 06-1431- CIVIL TERM TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: 06/02/2010 Served and made known to Defendant on the _ day of 200 _, at o'clock _. M., at in the manner described below: - Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, , 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 day of , 200 Notary: By: NOT SERVED On the I day of 2C 0 , at 5.01o'clock ?. M., Defendant NOT FOUND because: Vacant _ Bad Address Moved Does Not Reside (Not Vacant) No Answer Service Refused Other: Sworn to and sub?c_rjbeddy before me this of 1 6 . KIMBERLY CURTY NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES MARCH 7, 16a we T. Phelan, Esq., Id. No. 32227 S. Hallinan, Esq., Id. N. 62695 G. Schmieg, Esq., Id. No. 62205 e M. Bradford, Esq., Id. No. 69849 T. Romano, Esq., Id. No. 58745 1 R Shah-Jani, Esq., Id. No. 81760 AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 132086 Attorney Firm: Phelan, Hallinan & Schmie& LLP Subject Jeffrey T. Fetterhoff & Theresa L. Fetterhoff Property Address: 119 East Marble Street, Mechanicsburg, PA 17055 Possible Mailing Address: (Theresa L. Fetterhoff) 1101 Lindham Court, Apartment 402, Mechanicsburg, PA 17055 I, being duly sworn according to law, do hereby depose and state as follows, an investigation into the whereabouts of the above-noted individual(s) was conducted and the following has been discovered: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Jeffrey T. Fetterhoff - xxx-xx-4760 Theresa L. Fetterhoff - xxx-xx-5780 B. EMPLOYMENT SEARCH Jeffrey T. Fetterhoff & Theresa L. Fetterhoff - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Jeffrey T. Fetterhoff reside(s) at: 119 East Marble Street, Mechanicsburg, PA 17055 & Theresa L. Fetterhoff reside(s) at. 1101 Lindham Court, Apartment 402, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Jeffrey T. Fetterhoff & Theresa L. Fetterhoff. B. On 02-26-10 our office made several telephone calls to the phone number (717) 343-1634 and received the following information: answering machine. On 02-26-10 our office made several telephone calls to the phone number (717) 766-8573 and received the following information: answering machine. On 02-26-10 our office made a telephone call to the phone number (717) 766- 2365 and received the following information: wrong number. III. INQUIRY OF NEIGHBORS On 02-26-10 our office made several phone calls in an attempt to contact S. L. Lieberman (717) 697- 2274,115 East Marble Street, Mechanicsburg, PA 17055: no answer. On 02-26-10 our office made several phone calls in an attempt to contact Kimberly L. Valvo (717) 691-8349,112 East Marble Street, Mechanicsburg, PA 17055: answering machine. On 02-26-10 our office made a phone call in an attempt to contact Patrick K. Capp (717) 697-0080, 113 East Marble Street, Mechanicsburg, PA 17055: spoke with an unidentified female who could not confirm that the subjects reside(s) at 119 East Marble Street, Mechanicsburg, PA 17055. On 02-26-10 our office made a phone call in an attempt to contact Amy Crawshaw (717) 795-1906, 1101 Lindham Court, Apartment 408, Mechanicsburg, PA 17055: disconnected. On 02-26-10 our office made several phone calls in an attempt to contact Jesus Vega (717) 796-5914, 1101 Lindham Court, Apartment 303, Mechanicsburg, PA 17055: answering machine. On 02-26-10 our office made several phone calls in an attempt to contact Charlotte M. Zorger (717) 697-6570,1101 Lindham Court, Apartment 503, Mechanicsburg, PA 17055: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 02-26-10 we reviewed the National Address database and found the following information: Jeffrey T. Fetterhoff -119 East Marble Street, Mechanicsburg, PA 17055 & Theresa L. Fetterhoff - 1101 Lindham Court, Apartment 402, Mechanicsburg, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (Theresa L. Fetterhoff) 1101 Undham Court, Apartment 402, Mechanicsburg, PA 17055. V. OTHER INQUIRIES A. DEATH RECORDS As of 02-26-10 Vital Records and all public databases have no death record on file for Jeffrey T. Fetterhoff & Theresa L. Fetterhoff. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Jeffrey T. Fetterhoff - 04-13-1960 Theresa L. Fetterhoff - 06-17-1965 B. AXA. Jeffrey Todd Fetterhoff Theresa Louise Fetterhoff; Theresa Louise Netro; Theresa L. Gemmill * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to uAnsworn falsification to authorities. AF NT J p"IEs /qA6 ri Sworn to and subscribed before me this i -) day of '' 1 2010. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND ?f ?- e:?? ENID ESTRADA MOTARYMBIKOE" 11 ca, 71I PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 f? Main Fax: 215-563-7009 E-mail jessica.nahill@fedphe.com Jessica J. Nahill, 1533 Representing Lenders in Service Department Pennsylvania and New Jersey March 10, 2010 JEFFREY T. FETTERHOFF AIKIA JEFFREY T. FETTERHOFF AIKIA JEFFREY TODD FETTERHOFF and THERESA L. FETTERHOFF AIKIA THERESA FETTERHOFF AIKIA THERESA LOUISE FETTERHOFF AIKIA THERESA L. GEMMILL AIKIA THERESA L. NETRO 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 RE: BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CRABS 2005-04 vs. JEFFREY T. FETTERHOFF AIKIA JEFFREY T. FETTERHOFF AIKIA JEFFREY TODD FETTERHOFF and THERESA L. FETTERHOFF AIKIA THERESA FETTERHOFF AIKIA THERESA LOUISE FETTERHOFF AIKIA THERESA L. GEMMILL AIKIA THERESA L. NETRO Premises Address: 119 EASTMARBLE STREET, MECHANICSBURG, PA 17055 Cumberland County, No. 06-1431 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with a requested relief that is, Special Service. Please respond to me within one week, by Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, y99ica J 11 "/ ' or Vive rivastava, Esquire 10 r 1=! ak NI --I ?-I -I -i -I -1 11 11 W b" Oil H H H ?O A A y pu. n `I r-+ c ? O ? ?E ?x~ b yy? v .P r O N ?r (T N ~ yO +l L m * ?CD a H 3n 3 ? 4, tTj Iay Oy LA I f+ i =off m ? co h op oVkb O ? ? A a < ? b yay N ^•1 ?• N W ? -Spq?t Q 049 ® pTNCV eo?nrEs 02 ,"' $ 02.520 INMAILED 0004277256 10 2010 FROM ZIP CODE 1910 3 PHELAN HALLINAN & SCHMIEG. LLP BY: Vivek Srivastava, Esq. Attornev I.D. No.: 202331 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF Court of Common Pleas CWABS 2005-04 vs. JEFFREY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMIVIILL A/K/A THERESA L. NETRO Civil Division Cumberland County No. 06-1431 CIVIL TERM MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. 6 (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibits "A" and "B", the Plaintiff has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Notice of Sale by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan Illinp &Xc5hmieg, LLP By: Vivek Srivastava, Esq. Attorney for Plaintiff Date: March 10, 2010 7 VERIFICATION The undersigned hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. March li 2010 8 PHELAN HALLINAN & SCHMIEG. LLP BY: Vivek Srivastava, Esq. Attorney I.D. No.: 2 0 2 3 31 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 VS. JEFFREY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-1431 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. JEFFREY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF and THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO: 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055 and 1101 LINDHAM COURT, APT. 402, MECHANICSBURG, PA 17055-5421 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully Phelan Hallit LLP By: _ k Srivastava, Esq. 1. Date: March 1t 2010 Attorney for Plaintiff 9 I HAR IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK AS TRUS EE FOR THE CERTIFICATEHOLDERS O CWABS 2005-04 Civil Division vs. No. 06-1431 CIVIL TERM r.a JEFFREY T. FETTERHOFF 'I rT- A/K/A JEFFREY T. FETTERHOF A/K/A JEFFREY TODD FETTERHOFF N) THERESA L. FETTERHOFF - A/K/A THERESA FETTERHOFF A -? THERESA LOUISE FETTERHOF - - A/K/A THERESA L. GEMMILL A K/A - N THERESA L. NETRO r? ORDER a 01 AND NOW, this day of , 2010, upon consideration of Plaintiffs Motion for Service Purl t to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff' may obtain service of the Notice of Sale and all future pleadings on Defenda#ts, JEFFREY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF and THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO, by: 1. Posting of the premise : 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055. 2. First class mail to JEFF REY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF a nd THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETT OFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO at the last known address, 1101 LIN. HAM COURT, APT. 402, MECHANICSBURG, PA 17055, and the mortgaged premises located at 119 AST MARBLE STREET, MECHANICSBURG, PA 17055; and 3. Certified mail to JEFF REY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF and THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETT ERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO at the last known address, 1101 LINDHAM COURT, APT. 402, MECHANICSBURG, PA 17055 and the mortgaged premises locate at 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055; and 4. Publication in accordance with PA. R.C.P. 430. TH ?O rMA l 132086 44•`( V. ? J. 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK AS TRUSTEE FOR THE CUMBERLAND COUNTY CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff, COURT OF COMMON PLEAS V. JEFFREY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO Defendant(s) CIVIL DIVISION . No. 06-1431- CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: n C -t'j CAI n-i r L;) no 0 a N Cn .9" As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: L.4oMwfence 'I'. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava,. Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 /°'-' Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 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. Him rn PHS # 132086 1 1...... .----1----I--L-_.I. -L -L--J £ 0 L8 L 3000dIZ WOMB (1311M . Q_ oai zo $ 9SZLLra zo O s3MOY Aw"m SO i r rinr?7 ? a a m a 40 1 0 0 0 LL z LL N 10 O Vv V ? Q .N I f w . - T ); Eo$_ MIT L o ? . 0 p = m °- B go 91 V, E ca LD m?§ m? a? ?N ilk _ p ?$Eao .8 S MOc8 j E a E E To o=gE m ? 0 ?.o U s 0w ?oy l a 2i.0 ° p F, 2 km O o ? m s?y.E w s ? 'm y?y i ? W M C n C W o co LU 3 fu- M a E IL (L o LL ea O OW al- CLE W JO Ca -4 it r 1A = Z _? AD U) U) = LL L " d M w O ? O 0 p Z E.2 AL < m m via `-°? CO O- N mmmm MA o zu Ltn c d ^(7 C9C?? ) o tw 2 ? c N ?Q y S U mmw o 01- ? : rWXWOZX Lt d c p Nam f7Cl V QMm0 C.?- 0O am ca m(awm J V? .c c0 mw?a(nfn? V N >. LL Hv =Y? ? w . ?f-Z?pQCLN -000-1<0 d L F- m . a? , LL ?_ m o co^a- 6 m a .....c Cai o E x z z Z F-. z UJ _ 0 p (A Er-m Wxm=<wQ ti x 00 a Rio ?Cn =L Ca z?-00-z ?0000y? 1ww LU E Ez'? E O a -?2otir0IUQ=a ? W UJ 2 WLU W > W uV) (D • _U E N tE c N N aQz oa Q1 a) E Z M Q O 1 T N ?! L! to P W M O t- N t> tt Y1 ` z a ? 1' T T r T g F IL Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., I-. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Es y., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esc., Id. No. 58745 Sheetal R. Shah-Jani, EsqNo Id. No. 81760 Jenine R. Davey, Esq., Id 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq'No Id. No. 202331 Jay B. Jones, Esq. Id. . 86657 Peter J. Mulcahy, hsq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGumness% Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq. Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 OF 7'? OTAqy 2010 APP 2 7 V 13: WS 3 CL<ir. .'Y r ... ? V ,A , +H, 11, 11 , CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF A/K/A JEFFREY T. FETTERHOFF THERESA L FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA FETTERHOFF Defendant(s). CIVIL DIVISION NO. 06-1431-CIVIL TERM AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF A/K/A JEFFREY T. FETTERHOFF & THERESA L FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA FETTERHOFF on MARCH 29, 2010 in accordance with the Order of Court dated MARCH 23, 2010. The property was posted on APRIL 10, 2010. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unworn falsification to authorities. PHEL HALLINAN & SCHMIEG, LLP By: ?avrence T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmie , Esy., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esg. Id. No. 81760 Jenine R. Davey, Esq., Id Flo. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 Jay B. Jones, Esq. Id. Rio. 86657 Peter J. Mulcahy, hsq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq. Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Dated: April 23, 2010 IN THE COURT OF COMMON PLEAS MAK CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 Vs. JEFFREY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO AND NOW, this a day of Civil Division No. 06-1431 CIVIL TERM ORDER 2010, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Notice of Sale and all future pleadings on Defendants, JEFFREY T. FEYMR14OFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF and THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO, by: 1. Posting of the premises: 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055. 2. First class mail to JEFFREY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF and THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO at the last known address, 1101 LINDHAM COURT, APT. 402, MECHANICSBURG, PA 17055, and the mortgaged premises located at 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055; and 3. Certified mail to JEFFREY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF and THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO at the last known address, 1101 LINDHAM COURT, APT. 402, MECHANICSBURG, PA 17055 and the mortgaged premises located at 119 EAST MARBLE STREET, MECIIANICSBURG, PA 17055; and 4. Publication in accordance with PA. R.C.P. 430. TH '2086 J. 2 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinklaus, Director of Sales and Marketing of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): April 1, 2010 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this a? Notary Public My commission expires: NOTARIAL SEAL SAMBI ANN NECKENDORN Notary Poo CARLISLE BOROUGH, CUMBERLAND CNTY My Commission F«preq Jan 27, 2014 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 April 9, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. `? - sa Marie Coyn Editor SWORN TO AND SUBSCRIBED before me this _9 day of April, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 DEFENDANT JEFFREY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO PHS # 132086 SERVICE TEAM/ 'in COURT NO.: 06-1431- CIVIL TERM SERVE JEFFREY T. FETTERHOFF A/K/A JEFFREY TYPE OF ACTION T. FETTERHOFF A/K/A JEFFREY TODD XX Notice of Sheriff's Sale FETTERHOFF AT: SALE DATE: 06/02/2010 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 ***PLEASE POST PER COURT ORDER*** SERVED Served and made known to 9@W, Defendant on the _ta4,day of tL , 20 LO at : 26, o'clock p. M., at 119 F • NURBk-E ST -06MAWSSligl N, in the manner described below: - Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. V Other: F6STED 'PRd, A!rz . Description: Age/, Height Weight Race Sex Other I, ZN*120 AQ a competent adult, being duly sworn according to law, depose and state that I personally 40 true and coi'tect'eopy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the c ned case on the date and at the address indicated above. Sworn to and subscbed -- before me this lot day iP : of Ali , 20 0 Pt: , IC 3 oFs::'1RES "ARCH ?, 2413 N By: miss!(- NOT SERVED On th , 20_, at - Vacant - Bad Address No Answer - Service Refused Other: Sworn to and subscribed before me this _ day By: Notary: 19b o'clock _. M., Defendant NOT FOUND because: Moved _ Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Fsq., Id. Na 32227 Francis S. NaWnan, Feq., Id. Na 62695 Daniel C. Sckmies, Feq., Id. Na 62205 Mk w;e M. Brad/ad, Esq., Id. Na 69849 Judllh T. Rorasno, Esq., Id. Na 58745 Shedal R Shah-Jaal, Esq., Id. Na 81760 Jenlae R. Davey, Esq., Id. No. 87077 lsuren R. Tahas, Fsq., Id. No. 93337 Vivek Srivastava, Esq., Id. Na 202331 Jay B. Jones, Fsq., Id. Na 86657 sd ?$ CO CO V CP CA A w N ? 5' N Z rc CD H3 C > Qo 3 n CD or CD a o ? td6 mm I? mp= n" m;ti c- m0m o c- m"m 0 &_ ^3 mm ? m =r'm mmm Dm L n r? om? =y; N° ? 0X Zz(a °> CA(a ?a m ° ?cnm ? ?, a _ mm m n xr- (0) ° w, 0 ? - ox-i ch m y3. ? 9 0. ?'A c cm ?n1 m ?OO c r 1 c bnj m c mwj --1 a? w 3m ??m m pm P:4m vmm wj T m m0,y 'p)? m .U y;u 0-0 ;u ;a ? Z V m o m ~ m m m om V i -4 M n cm r,. 3 N vm Ul N ? -1 m v? -i CL U ,z m ` N .? 3 vm Wm 0 17 m ? m Q • a m C y ° : o?@ M81 3 ca o?m $ a 3 0 O ? b ? ? g y o i o CL $2? D : (DD 09z c o _• _-al c = ui 3 "pp ` (( m y ((?? GO N 0 n C Q o C d ? m ID 3 m °.0 ?m_md m 3,2 = ac ° o ro3-?3 ? N ya '3n v 3 >; 86 a 3 w . m7°c a?$ 3 CD m •? ? c o m m ? d (D o g O a 0 t p °ok3m A CP S TQ,, ( /) e. CCD N 3. _ ' a ® wnuev ? m m 3 2 °' ' 0 2 1 M $ 01 s 68° . '? 7 0 3 ' 00 04 277256 MAR 2 9 2010 m a v M AIL ED FROM ZIP COD E 19 10 3 CD CD m 3 ? Oar Z c? p.C1a) y CD CD CA 1 ?CR aC ?i ? 4 CCDD CCDD C- :3 o c, 00 CD C3 v > CD ? ' 0) Qo 2L CD ow- 0 w c3 m CD ca or o -o O m O Q1 0 N O O r m 7178 2417 6099 0052 5652 4 / JJN THERESA L. FETTERHOFF 119 EAST MARBLE STREET MECHANICSBURG, PA 17055-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) LISPS - Track & Confirm Page 1 of 1 Home I HBID I i In Track & Confirm FAA Trek & Confirm Search Results Label/Receipt Number: 7178 2417 6099 0052 5652 Class: First-Class Mail® Track & Conftm ---- ---------- Service(s): Return Receipt Electronic Enter Label/Receipt Number. Status: Delivered Your item was delivered at 11:12 AM on April 12, 2010 in PHILADELPHIA, PA 19103. Detailed Results: • Delivered, April 12, 2010,11:12 am, PHILADELPHIA, PA 19103 • Arrival at Unit, April 10, 2010, 3:13 am, PHILADELPHIA, PA 19104 • Forwarded, March 31, 2010,1:23 pm, MECHANICSBURG, PA ¦ Electronic Shipping Info Received, March 29, 2010 Notificadorl Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. (A>:) Return Receipt (Electronic) Verify who signed for your item by email. Set Site Ma Customer Service Forms Gov't Services Careers Privacy Policy Terms of Use Business Customer Gateway CopyrightOc 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA • ) http://trkcnfrm 1. smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=... 04/23/2010 7178 2417 6099 0052 5669 4 / JJN THERESA L. FETTERHOFF 1101 LINDHAM CT APT 402 MECHANICSBURG, PA 17055-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS - Track & Confirm Page 1 of 1 M AX= DUANTEDSTAITES Home I Helu I Sian In Track & Confirm FA Qs Track & Confirm Search Results Label/Receipt Number: 7178 2417 6099 0052 5669 Class: First-Class Mail® Track & Confirm Service(s): Return Receipt Electronic Enter Label/Receipt Number. Status: Delivered - - Your item was delivered at 11:47 AM on April 5, 2010 in PHILADELPHIA, PA 19103. Detailed Results: • Delivered, April 05, 2010,11:47 am, PHILADELPHIA, PA 19103 • Arrival at Unit, April 05, 2010, 5:58 am, PHILADELPHIA, PA 19104 • Electronic Shipping Info Received, March 29, 2010 Nofilkatie" 0 tions Track & Confirm by email Get current event information or updates for your item sent to you or others by email. k' Return Receipt (Electronic) Verify who signed for your item by email. 40s $aiwmglp t4mgr_$en?&g. EQMm Sz4Y3_$gM= Careers P!!y-%f -RQ9-Q C Terms of UN au $M _CY-IagmQ1-Qatewft Copyright{?7 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrm 1. smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=... 04/23/2010 7178 2417 6099 0052 5638 4 / JJN JEFFREY T. FETTERHOFF 119 EAST MARBLE STREET MECHANICSBURG, PA 17055-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS - Track & Confirm r Page 1 of 1 Home I Heln I Sian In -------- - ------ ------- ---------- Track & Confirm FAQs Track c Confirm Search Results Label/Receipt Number: 7178 2417 6099 0052 5638 Class: First-Class Mail® Track & (;oWrtrr Service(s): Return Receipt Electronic Enter Label/Receipt Number. Status: Delivered Your item was delivered at 11:12 AM on April 12, 2010 in PHILADELPHIA, PA 19103. Detailed Results: • Delivered, April 12,2010,11:12 am, PHILADELPHIA, PA 19103 • Arrival at Unit, April 10, 2010, 3:13 am, PHILADELPHIA, PA 19104 • Forwarded, March 31, 2010,1:23 pm, MECHANICSBURG, PA • Electronic Shipping Info Received, March 29, 2010 N ifcatim Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. 80> ) Return Receipt (Electronic) Verify who signed for your item by email. la> r to Ma Customer Service Forms Gov't Services Careers Copyright© 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA Privacy Policy Terms of Use QIISlness Customer Gateway http://trkcnfnn 1. smi.usps. com/PTSIntemetWeblInterLabelInquiry. do?strOrigTrackNum=... 04/23/2010 1111111111111111 7178 2417 6099 0052 5645 4 / JJN JEFFREY T. FETTERHOFF 1101 LINDHAM CT APT 402 MECHANICSBURG, PA 17055-0000 --fold here (regular) -- fold here (60) --fold here (regular) USPS - Track & Confirm IMPOSIAL ?. Page 1 of 1 Home I Help ( Sion In Track & Confirm FAA Trek & Confirm Search Results LabeVReceipt Number: 7178 2417 6099 0052 5645 Class: First-Class Mail® ?rack & Codirrl t Service(s): Return Receipt Electronic Enter Label/Receipt Number. Status: Delivered Your item was delivered at 11:47 AM on April 5, 2010 in PHILADELPHIA, PA 19103. Detailed Results: • Delivered, April 05, 2010,11:47 am, PHILADELPHIA, PA 19103 • Arrival at Unit, April 06, 2010, 5:58 am, PHILADELPHIA, PA 19104 • Electronic Shipping Info Received, March 29, 2010 111tfifica ion O"t!!s Track & Confirm by email Get current event information or updates for your item sent to you or others by email. 80 :> Return Receipt (Electronic) Verify who signed for your item by email. 3 $3 _.MaB torrigr,?grvj?g E4rt Sz4Yl$ervi?g y3f$g?x ?rIY??Y P91Q TeM§-.QWag Ln?gS_ 5?. 1Q_mg?ryt ai Y Copyright(c) 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA - ?' http ://trkcnfrm 1. smi. usps. comIPTSIntemet WeblInterLabelInquiry. do?strOrigTrackNum=... 04/23/2010 SHERI F'~`OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~~ntp cf ~um6rr~1j`a C, _ ~ :~,' ~,; `,~; QFf ~~ . ~ 7hG SHERIFF ~'I_i:~. _~,•, t t , . ~ ~~ , ~'. Jody S Smith Chief Deputy Richard W Stewart Solicitor f' a ,. .~ ~Ar i" ~~ Bank of New York as Trustee Case Number vs. Jeffrey T Fetterhoff (et al.) 2006-1431 SHERIFF'S RETURN OF SERVICE 04/09/2010 03:20 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2010 at 1520 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 Jeffrey T. Fetterhoff & Theresa L. Fetterhoff, located at 119 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. 04/26/2010 05:15 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Theresa L. Fetterhoff, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Theresa L. Fetterhoff, defendant does not reside address provided, did not leave a forwarding. 04/29/2010 03:15 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Jeffrey T. Fetterhoff, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Jeffrey T. Fetterhoff, defendant does not reside address provided, did not leave a forwarding 06/03/2010 Ronny R. Anderson, 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 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of The Bank of New York Mellon, et. al., 7105 Corporate Drive, Plano, TX 75024, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 869.72 SHERIFF COST: $869.72 June 30, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~~oi~ ~ ~S<3a ;c) Gou;;tySuite Sheriff. Teleosoft. Inc. ,~ BANK OF N~EW'YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 Plaintiff v. JEFFREY T. FETTERHOFF A/K/A JEFFREY T. FETTERHOFF A/K/A JEFFREY TODD FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA FETTERHOFF A/K/A THERESA LOUISE FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO Defendant(s) COURT OF COMMON PLEAS .J CIVIL DIVISION N0.06-1431- CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055. Name and address of Owner(s) or reputed Owner(s): Name T. FETTERHOFF THERESA L: FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 902 RUPP AVENUE; APT. 4 CAMP HILL, PA 17011 902 RUPP AVENUE; APT. 4 CAMP HILL, PA 17011 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) MECHANICSBURG BOROUGH OF WEST MECHANICSBURG, PA 17055 STRAWBERRY @ NORTH MARKET STREET MECHANICSBURG BOROUGH OF WEST 36 WEST ALLEN STREET STRAWBERRY @ NORTH MARKET STREET MECHANICSBURG, PA 17055 C/O: DAVH) J. SPOTTS, ESQUIRE Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 119 EAST MARBLE STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 P.O. 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.A. § 4904 relating to unsworn falsification to authorities. December 3.2009 By: Attorney for Plaintiff Phelan Hallinan &Schmieg, LP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ y B. Jones, Esq., Id. No. 86657 [~ Pdeter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 r 1 BANK OF NEW-YORK AS TRUSTEE FOR THE-- : - COURT- OF COMMON-PLEAS CERTIFICATEHOLDERS OF CWABS 2005-04 _ Plaintiff CIVIL DIVISION N0.06-1431- CIVIL TERM vs. , CUMBERLAND COUNTY JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF , A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JEFFREY T. FETTERHOFF 902 RUPP AVENUE; APT. 4 CAMP HILL, PA 17011 THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO 902 RUPP AVENUE; APT. 4 CAMP HILL, PA 17011 **THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $182,501.59 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. t 'l:"Ifthe Sheriff's'Sale'is~not stopped; your property will be sold to the highest bidder.°You mayfind out~the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 06-1431- CIVIL TERM BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 vs. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO owner(s) of property situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, being (Municipality) 119 EAST MARBLE STREET MECHANICSBURG PA 17055 Parcel No. 17-24-0787-115 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $182,501.59 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 i ~ ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the north side of East Mazble Street at line of lands now or formerly of Dennis Landi, which said pin is also referenced a distance of 230.25 feet measured in a westerly direction from the center line of Shepherdstown Road; thence along the north side of East Mazble Street, South 70 degrees 30 minutes 00 seconds West a distance of 47 feet to an iron pin at line of lands now or formerly of Clarence Bricker; thence along said last mentioned lands, North 19 degrees 07 minutes 50 seconds West a distance of 146.19 feet to an iron pin on the southern line of a 20 feet wide alley; thence along the southern side of said alley, North 67 degrees 30 minutes 16 seconds East, a distance 46.12 feet to an iron pin at line of lands now or formerly of Dennis Landi; and thence along said last mentioned lands, South 19 degrees 30 minutes 00 seconds East, a distance of 148.60 feet to an iron pin, the place of BEGINNING. This description is made in accordance with a survey by Gerrit J. Betz Associates dated January 21, 1980. HAVING THEREON erected a dwelling house known and numbered as 119 East Marble Street, Mechanicsburg, Pennsylvania. Vested by: Deed dated 3/30/05, given by Donald I. Crenshaw, husband and wife to Jeffrey T. Fetterhoffand Theresa L. Fetterhoff, husband and wife recorded 4/11/05 in Book: 268 Page 1768. PREMISES BEING: 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055 PARCEL NO. 17-24-0787-115 BANK OF NEW YORK AS-TRUSTEE FOR-THE ---~---~---~----:--COURT OF COMMON-PLEAS CERTIFICATEHOLDERS OF CWABS 2005-04 CIVIL DIVISION Plaintiff : N0.06-1431- CIVIL TERM vs. , CUMBERLAND COUNTY JEFFREY T. FETTERHOFF , THERESA L. FETTERHOFF , A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JEFFREY T. FETTERHOFF 902 RUPP AVENUE; APT. 4 CAMP HILL, PA 17011 THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO 902 RUPP AVENUE; APT. 4 CAMP HILL, PA 17011 * *THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $182,501.59 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 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 propertywill be sold to the highest~bidder:'You~may~find`out~the-- price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.06-1431- CIVIL TERM BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04 vs. JEFFREY T. FETTERHOFF THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO owner(s) of property situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, being (Municipality) 119 EAST MARBLE STREET MECHANICSBURG PA 17055 Parcel No. 17-24-0787-115 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $182,501.59 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION--^_____. ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the north side of East Marble Street at line of lands now or formerly of Dennis Landi, which said pin is also referenced a distance of 230.25 feet measured in a westerly direction from the center line of Shepherdstown Road; thence along the north side of East Marble Street, South 70 degrees 30 minutes 00 seconds West a distance of 47 feet to an iron pin at line of lands now or formerly of Clarence Bricker; thence along said last mentioned lands, North 19 degrees 07 minutes 50 seconds West a distance of 146.19 feet to an iron pin on the southern line of a 20 feet wide alley; thence along the southern side of said alley, North 67 degrees 30 minutes 16 seconds East, a distance 46.12 feet to an iron pin at line of lands now or formerly of Dennis Landi; and thence along said last mentioned lands, South 19 degrees 30 minutes 00 seconds East, a distance of 148.60 feet to an iron pin, the place of BEGINNING. This description is made in accordance with a survey by Gerrit J. Betz Associates dated January 21, 1980. HAVING THEREON erected a dwelling house known and numbered as 119 East Marble Street, Mechanicsburg, Pennsylvania. Vested by: Deed dated 3/30/05, given by Donald I. Crenshaw, husband and wife to Jeffrey T. Fetterhoffand Theresa L. Fetterhoff, husband and wife recorded 4/11/05 in Book: 268 Page 1768. PREMISES BEING: 119 EAST MARBLE STREET, MECHANICSBURG, PA 17055 PARCEL NO. 17-24-0787-115 ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-1431 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK, as Trustee FOR THE CERTIFICATEHOLDERS OF CWABS 2005-04, Plaintiff (s) From JEFFREY T. FETTERHOFF, THERESA L. FETTERHOFF, a/k/a THERESA L. GEMMILL, a/k/a THERESA L. NETRO (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $182,501.59 L.L. Interest from 7/2/09 ($30.00 per diem) -- $10,080.00 Atty's Comm % Due Prothy $2.00 Atty Paid $2,195.66 Other Costs Plaintiff Paid Date: 12/7/09 ~ ~ ~. Cu ' ~R. Long, Prothono~ry (Seal) By; Deputy REQUESTING PARTY: Name: PETER J. MULCAHY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER PLAZA 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 61791 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, Known and numbered, 119 East Marble Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 B: Re state Coordinat _~ bZ ~8 ~/ I i X30 b001 ~ dd '~l~af~~~ ~ '~ ~~ ~~; PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, Apri123, and Apri130, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r ~- R Li Marie Coyne, Edi r fo SWO TO AND SUBSCRIBED before me this 0 day of April, 2010 Notary NOTARIAL SEAL OEgpRAH A COLUNS Nobuy Public CARLISLE gOg01lGH. CUIiABERLM~ COUNT`1 ~ Com+ni~~on Exprts Apr 28.2014 Pmt lfo. 9006.1431 Civil Bank of New York as Trustee ,r the Certificateholders CWABS Inc. Asset-Backed Certificates, Series 2006-6 vs. Jeffrey T Fetterhoff a/k/a Jeffrey T. Fetterhoff, a/k/a Jeffrey Todd Fetterhoff Theresa L Fetterhoff a/k/a Theresa Fetterhoff, a/k/a Theresa Louise Fetterhoff a/k/a Theresa L. Gemmill, a/k/a Theresa L. Netro Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 06-1431- CIVIL, BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OFCWABS 2005-04 vs. JEFFREY T. FETTER- HOFF, THERESA L. FETTERHOFF A/K/A THERESA L. GEMMILL A/K/A THERESA L. NETRO, owner of property situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, being 119 EAST MARBLE STREET, MECHAN- ICSBURG, PA 17055. Pazcel No. 17-24-0787-115. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $182,501- .59. ,.:..:.. ~ tea.,: _,w rates waa ,,v :J The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~11e~lahiot 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of 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 she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 04/23/10 ~- _ 04/30/10 ~'2`U... ~'..... Sworn to an scribed before me thi 1 ay of ay, 2010 A. D. \ c_,_ Notary Public ~. COMMOIV4VEAL'I'H of PENNSYLVANIA Notarial Seal Sherrie L IOsner, Notary Publk Lower Paxton'TWp., Dauphin County My ComnNr*slon Expires Nov. 26, 2011 Member, PennsyNanla Association of Notaries ~rrrc ~'~ i~~y~r '~''~' ~IIMrrM~ `' + it; Swigs Y006~B• ~ Vs~ •1s1~r~T ~ ~ afl~ir~ I~ikb~rht~[,!!' t ~ ; 'M'MePr~ta ~ Via, , ,~ .r "~ev(r,L L ~t~Y~~ t~'wtitr~ By of a Wat ~ axec~ipp N4. (16.1431- CtYIL 1ERM BANK OF I~89i! yORIC AS TRIJST);>; Pf)tt T~ ~~OATEWiJ~.ABItS OF CWAHS 2DOS-04 vs. JII?PRBY T. FET'i'I;RHOFE A L Al1~lA T1E}~,SA L. ~, ' `~, A/lUA TT~S65A L. Owaet(s) of pmputy s&wbe i¢, t>~ ~ , of lr4ecdmnicabarg, Cotnbet}~od eennty; P~aglY~ie, h~qB:~') 119 EAS'9'• M~xsl~ sal; MF.c~I!`wl(~$11Rti,'PA 1'if-35 P~ci1Vo,17.24~0'I$7-113 (Aaq~e: or sweet ) . ; ~. ~tnat~ lheseor:. RBSIDTdV;'~IAi,; Sim' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which CWABS INC TR is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 7TH day of DEC, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 1431, at the suit of CWABS INC TR against JEFFREY T FETTERHOFF AKA JEFFREY TODD & THERESA L FETTERHOFF AKA THERESA AKA THERESA LOUSE AKA THERESA L GEMMILL AKA THERESA L NETRO is duly recorded as Instrument Number 201018320. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 0 day of A.D. ~ 1 ~ Deeds Cam~sid an E~ires the Brat ~loncle9-2014