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Home My WebLink About06-3032 PHELAN 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 (2 I 5) 563-7000 BS426 FIRST HORIZON HOME LOAN CORPORATION, F/K/A IT MORTGAGE COMPANIES, D/B/A CARL I. BROWN MORTGAGE 4000 HORIZON WAY IRVING, TX 75063 ATTORNEY FORPLAINTWF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. Of.... -2CJJ:<" (};()~l'-r~ v. CUMBERLAND COUNTY JOHN TIIOMAS MAHONEY DEBORAH K. MAHONEY NK/A DEBORAH K. RADOCI 49 BRANDY RUN ROAD NEWVILLE, P A 1724 I 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 INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON 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, P A 17013 (800)990-9108 File #: 135426 File #: \35426 IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS OFFlCE, 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. 1. Plaintiff is FIRST HORIZON HOME LOAN CORPORATION, F/KIA FT MORTGAGE COMPANIES, D/B/A CARL I. BROWN MORTGAGE 4000 HORIZON WAY IR\'INCi, T)( 75063 2. The name(s) and last known addressees) of the Defendant(s) are: JOHN THOMAS MAHONEY DEBORAH K. MAHONEY NKJA DEBORAH K. RADOCI 49 BRANDY RUN ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and rea] owner(s) of the property hereinafter described. 3. On 09/09/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1571, Page: 37. 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 01/01/2006 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 #: 13S426 6. The following amounts are due on the mortgage: Principal Ba]ance Interest 12/01/2005 through OS/24/2006 (Per Diem $16,15) Attorney's Fees Cumulative Late Charges 09/09/ I 999 to OS/2412006 Cost of Suit and Title Search Subtotal $77,508.97 2,826.25 1,250.00 223.04 $ 550.00 $ 82,358.26 Escrow Credit Deficit Subtotal - 197.14 0.00 $- 197.14 TOTAL $ 82,161.12 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's 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 applicab]e, 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) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of ] 974 because the original mortgage amount exceeds $50,000, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 82,161.12, together with interest from OS/24/2006 at the rate of$16. 15 per diem to the date of Judgment, and other costs and charges collectib]e under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN H~LINAN & SCHMIEG, LLP ~' /l rf'~' By: /slFrancis S, Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File #: \ 35426 LEGAL DESCRIPTION ALL those two certain tracts ofJand with the improvements thereon erected situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. I: BEGINNING at a point in the center line of Legislative Route 21003 at the eastern edge ofa lane; thence along the latter, North 10 degrees 30 minutes East 230 feet to a stake; thence along land of James R. Showvaker, et ux, South 59 degrees 45 minutes East 200 feet to a stake; thence still along the same, South 10 degrees 38 minutes 20 seconds West 230.34 feet to a point in the center line of Legislative Route 21003; thence along the latter, the following courses and distances, North 63 degrees 36 minutes West 50.48 feet to a point, North 62 degrees 30 minutes West 42,92 feet to a point, North 58 degrees 39 minutes West 59.94 feet to a point and North 53 degrees 51 minutes West 46.66 feet to a point, the Place of BEGINNING, CONTAINING 1.01 acres according to a survey of Noel B. Smith, R.S., dated March 1, 1972 and recorded herewith. TRACT NO.2: BEGINNING at an iron pin on the eastern side of a grave] drive on the line of Lot No. I on the hereinafter mentioned Plan of Lots; thence along the latter, South 81 degrees 39 minutes 10 seconds East, a distance of 152.23 feet to an iron pin; thence along the same, South 15 degrees 43 minutes 47 seconds East, a distance of 81.72 feet to an iron pin on the line of other land of James R Showvaker, et ux; thence along the latter, North 59 degrees 45 minutes 00 seconds West, a distance of200.00 feet to an iron pin, the Place of BEGINNING. CONTAINING 0.130 acres according to a Subdivision Plan for James R. Showvakerby John K. Bixler, ill, RS., dated May 9, 1989, recorded in Cumberland County Plan Book , Page , and being designated as Lot No. lA thereon. BEING the same two properties which James R Showvaker and Kay F. Showvaker, his wife, granted and conveyed to George E. Jumper, Jr. and Linda A. Jumper, his wife, Grantors herein, by deeds dated June 2, 1972 and July 12,1989 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book '0', Volume 24, Page 641 and Deed Book' " Volume , Page , respectively. PARCEL NO. 44-07-0487-015A PROPERTY BEING: 49 BRANDY RUN ROAD File #: 13S426 VRRl'FTC'ATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. h/hL- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 5(:J.Y.(O<O 0 bg.. ",> 8 Ii lr1 0 = ~ ~ c c.;;) -r:)~t ,,-. U{ :J\!: ;:2...., C,'}r. Z-'" r11h=. -" ,,- N "'t1' ~~.: :,00 8 U1 Ul i~~?i (~) - ~ ~J ..", -;: ~l~ ~ ~ ,~ =-J: ',2c:~ ""'v ...c:::. r" (.) brn ()'- Z _,~t W ;~ .." ::0 t1 ~ F- ,-<: cr. '< ~ J:- III , , PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG , Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A CARL I. BROWN MORTGAGE 4000 HORIZON WAY IRVING, TX 75063 CUMiERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. Q6-3032 v. JOHN THOMAS MAHONEY DEBORAH K. MAHONEY AlK/A DEBORAH K. RADOCI Defendant(s ). PRAECIPE FOR IN REM JUDGMENT FQR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JOHN THOMAS MAHONEY and DEBORAH K. MAHONEY AJKJA DEBO~ K. RADOCI, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days frqrn service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 5/25/06 to 7/8/06 TOTAL $82,161.12 $726.75 $82,887.87 I hereby certify that (I) 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. D~QumE Attorney for Plainti DAMAGES ARE HEREBY ASSESSED AS INDICATED, DATE: 9'~ JI.~ 135426 , ~ C..,-' ,::.;:;) cr- :') ":'7-1 --I I "11 rne C' '-- F~ S'? ;'-J CJ '::...:; "',:;,1 (j :;j ..cD ~ I III ~ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST HORIZON HOME LOAN CORPORATION, F/KJA FT MORTGAGE COMPANIES, D/B/A CARL I. BROWN MORTGAGE 4000 HORIZON WAY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 06-3032 v. JOHN THOMAS MAHONEY DEBORAH K. MAHONEY A!KIA DEBORAH K. RADOCI Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 . By: DEPUTY If you have any questions concerning this matter, please contact: ~~- DANIEL G. S G, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. ltENNEDYBLVD., SUITE 1400 PHILADELPHlA, PA 19103-1814 (215) 563-700qJ ..THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TIIAT PURPOSE, IF YOU HAVE PRE'\I'IOUSLY RECENED A DISCHARGE IN BANKRUPTCY AND lHIS DEBT WAS NOT REAFFIRMED, THIS COrSPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY... , ,I I , I ! III I -l'HELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19 I 03 (71~) ~61-7000 FIRST HORIZON HOME LOAN CORPORATION, FfKfA FT MORTGAGE COMPANIES, D/B/A CARL I. BROWN MORTGAGE Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON pLEAS i ! : CNIL DIVISION : CUMBERLAND COUNTY Vs, : NO. 06-3032 JOHN THOMAS MAHONEY DEBORAH K. MAHONEY NK/A DEBORAH K. RADOCI Defendants TO: JOHN THOMAS MAHONEY 49 BRANDY RUN ROAD NEWVILLE,PA 17241 RE COPY DATE OF NOTICE: ."!N1t Iii, 2006 TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT .,i\. DEBT. TillS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS R\EFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FO*, THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THI$ 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 DEF AUL T 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 TillS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST yOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE TIllS 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 FRAN IS S. HALLINAN, ESQUIRE Attorneys for Plaintiff III . . PHELAN HALLINAN AND SCHMIEG , By: Lawrence T. Phelan. Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (71 <;) <;61_7000 FIRST HORIZON HOME LOAN CORPORATION, FIK/A IT MORTGAGE COMPANIES, D/B/A CARL I. BROWN MORTGAGE Plaintiff ATTORNEY FOR P!LAINTIFF : COURT OF COMMON ~LEAS : CIVIL DMSION : CUMBERLAND COUNTY Vs. : NO, 06-3032 JOHN THOMAS MAHONEY DEBORAH K. MAHONEY NKJA DEBORAH K. RADOCI Defendants TO: DEBORAH K. MAHONEY AIKIA DEBORAH K. RADOCI 49 BRANDY RUN ROAD NEWVILLE, PA 17241 IILE COpy DATE OF NOTICE: .JTfNF 16 20116 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS RJ;:FERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL -BE USED FOR TIIAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY. THI$ 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 ENTE~A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COljJRT 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 FRAN IS S. HALLINAN, ESQUIRE Attome for Plaintiff III . . 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 PIllLADELPIDA, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATION, F/KlA FT MORTGAGE COMPANIES, D/B/A CARL I. BROWN MORTGAGE 4000 HORIZON WAY CUMlIiERLAND COUNTY coUiifr OF COMMON PLEAS Plaintiff, CIVIL[ DIVISION NO. 0~-3032 v. JOHN THOMAS MAHONEY DEBORAH K. MAHONEY A1KJA DEBORAH K. RADOCI Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifiesithat he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he ~as knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military o~Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and I Sailors' Civil Relief Act of Congress , of 1940, as amended. I (b) that defendant JOHN THOMAS MAHONEY I is over 18 years of age and resides at , 49 BRANDY RUN ROAD, NEWVILLE, PA 1'7241. (c) that defendant DEBORAH K. MAHONEY AI A DEBORAH K. RADOCI is over 18 years of age, and resides at , 49 BRANDY UN ROAD, NEWVILLE, P A 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. , ESQUIRE . ~~l i"'-) ':) ,,:";~) ~ ~ " :~ " C;-, "' c. .-1 .,-. C"::- F~e , ~ ::-:'7''''1 ~ . -- .., ) ~ -..'. - , " (...) ~ ,J ~rj r0 ~D 0" -< # , ~ .., ...... ~ ~ ~ ~ "- " ~ " I" . III P.R.C.P.3180-3183 - FIRST HORIZON HOME LOAN CORPORATION, F/KJA FT MORTGAGE COMPANIES, D/B/A CARL I. BROWN MORTGAGE Plaintiff, No. 00-3032 v. JOHN THOMAS MAHONEY DEBORAH K. MAHONEY AlKJA DEBORAH K. RADOCI Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOT~Y: ! Issue writ of execution in the above matter: Amount Due \$82,887.87 Interest from 7/8/06 to DECEMBER 6, 2006 (per diem -$13.63) $2,058,13 and Costs TOTAL i $84,946JOO DANIEL G. SCH , ESQUIRE One Penn Center at S. burban Station 1617 John F. Kenned Boulevard, Suite 1400 Philadelphia, PA 191 3-1814 Attorney for Plaintiff Note: Please attach description of property, No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma not be sold in the absenc of a re resentative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of he plaintiff is not present at the sale. 135426 - - ~~ 1-r- ~~ << p..p.. \ ~~ < ~ \\ ~~ ~~ -J.. % ~~ ~~ ~~o ~~ -i ;'<11 o~~ ~i ~t ii ~ ~~ ~O~ (;0<,% ~~ Q ~~.... ~~ .P ~1 ?i -D ~~~ ot.'4~ ~'$ ~\ e ~ 1~ on 8\ ~<(.,)~ ,;. ~~ \ "" z;~<" ...... ?' \~ a~~~ %~ ~~ ~8 i 'i ~~ ~ 0" Q ~i. ~~ l ~~ 00\ ~\ ~ ~~ q, \\% '0 ~ ~i ....-J.. 1 1 ~ \ .... ~i p... 8(.,) ~ ~ , ~ III DESCRIPTION - ALL those two certain tracts ofland with the improvements thereon erected situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and descn'bed as follows: TRACT NO.1: BEGlNNING at a point in the center line otLegislative Route 21003 at the eastern edge ofa lane; thence along the latter, North 10 degrees'~O minutes East 230 feet to a stake; thence along land of James R. Showvaker, et ux, South 59 de~ees 45 minutes East 200 feet to a stake; thence still along the same, South 10 degrees 38 min'\1tes 20 seconds West 230.34 feet to a point in the center line of Legislative Route 21003; thence .long the latter, the following courses and distances, North 63 degrees 36 minutes West 50,48 feetito a point, North 62 degrees 30 minutes West 42.92 feet to a point, North 58 degrees 39 minutes West 59.94 feet to a point and North 53 degrees 51 minutes West 46.66 feet to a point, the Pla~e of BEGINNING. CONTAINING 1.01 acres according to a survey of Noel B. Smith, R.S., dated March 1, 1972 and recorded herewith. TRACT NO.2: BEGINNING at an iron pin on the eastern side of a gravel drive on the line of Lot No.1 on the hereinafter mentioned Plan of Lots; thence Illong the latter, South 81 degrees 39 minutes 10 seconds East, a distance of 152.23 feet to an iiron pin; thence along the same, South IS degrees 43 minutes 47 seconds East, a distance of 81.72 feetto an iron pin on the line of other land of James R, Showvaker, et ux; thence along the latter, North 59 degrees 45 minutes 00 seconds West, a distance of 200.00 feet to an iron pin, thb Place of BEGINNING. CONTAINING 0.130 acres according to a Subdivision Plan for James R. Showvaker by John K. Bixler, ill, R.S., dated May 9, 1989, recorded in Cumberland County Plan Book 58, Page 98, and being designated as Lot No. lA thereon. BEING the same two properties which James R. Showvaker ~d Kay F. Showvaker, his wife, granted and conveyed to George E. Jumper, Jr. and Linda A. Jljrnper, his wife, Grantors herein, by deeds dated June 2, 1972 and Ju]y 12, 1989 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book '0', Volume 24, Page 641 and Deed Book' " Volume , Page , respectively. PARCEL IDENTIFICATION NO: 44-07-0487-015A CO~L #: 44000609 TITLE TO SAID PREMISES IS VESTED IN J. Thomas Mahoney aIIld Deborah K. Mahoney, his wife, by Deed from George E. Jumper, Jr. and Linda A. Jumper, his wife, dated 08/18/1989, recorded 08/22/1989, in Deed Book C-34, page 1111. (TRACT ONE & TWO) PREMISES BEING: 49 BRANDY RUN ROAD, NEWVILLE, P A 17241 ... .. . ~ ...... ~ Gv ~ ~ ~ Lv ~ "- ~ , . ~ ~~ B , ~ \$ ~ ~ ~ ~ ....., (':::) C) L..~; " ,::;.... ~ f " -I ~ ~ , ~ , T ~ . f<l ~ - , , ~~ ~ - . . ~ , . . ..... __n__ L') r,) c: ,~ ~ ~ ~ 'i\ III WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-3032 Civil CIVIL ACTION - LAW TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due First Horizon Home Loan Corporation, f/kla FT Mortgage Companies, d/b/a Carl I. Brown Mortgage Plaintiff (s) From John Thomas Mahoney Deborah K. Mahoney aIkla Deborah K. Radoci (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 levie~ upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the tarnishee(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) Ifproperty 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$82,887.87 L.L.$.50 Interest from 7/8/06 to December 6, 2006 (per diem - $13.63) $2,058.13 and Costs Atty's Corom % Due Prothy $1.00 Atty Paid $137.44 Plaintiff Paid Date: July 11,2006 Other Costs CURTIS R. LONG (Seal) Prothonotary By: "'~MA- ~- ~k, 9J Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-t8t4 Attorney for: Plaintiff Te]ephone: 215-563-7000 Supreme Court ill No. 62205 III 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 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF FIRST HORIZON HOME LOAN CORPORATION, FfKJA FT MORTGAGE COMPANIES, D/B/A CARL I. BROWN MORTGAGE CUMJilERLAND COUNTY comh OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-3032 JOHN THOMAS MAHONEY DEBORAH K. MAHONEY A/KJA DEBORAH K. RADOCI Defendant(s). 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; o 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. D L. G, ESQUIRE Attorn y for Plaintiff o c:: '" '=:::' a=:: , , 1-.. Co) " C~ '"'0 C' III ~RST HORIZON HOME LOAN CORPORATION, ; FIKJA FT MORTGAGE COMPANIES, D/B/A CARL I. BROWN MORTGAGE Plaintiff, CUMBERLAND COUNTY COUl.tT OF COMMON PLEAS CIvm DMSION NO. 0~3032 v. JOHN THOMAS MAHONEY DEBORAH K. MAHONEY AIKIA DEBORAH K. RADOCI Defendant(s). AFFIDAVIT PURSUANT TO RUlLE 3129 (Affidavit No. I) , FIRST HORIZON HOME LOAN CORPORATION. F/KJA'" MORTGAGE COMPANIES. D/B/A CARL I. BROWN MORTGAGE, Plaintiff in the above ~tion, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for t~ Writ of Execution was filed the following information concerning the real property located at J2jRANDY RUN ROAD. NEWVILLE. PA 17241. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN THOMAS MAHONEY 49 BRANDY RUN ROAD NEWVILLE, PA 17241 DEBORAH K. MAHONEY AlKiA DEBORAH K. RADOCI 49 BRANDY RUN ROAD NEWVILLE, PA 17241 2. Name and address ofDefendant(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 Ad ess (if address cannot be reasonably asce . ned, please indicate) None III ,.. , 4. Name and address of last recorded holder of every mortgage of record: PENNSYLVANIA HOUSINF FIANANCE AGENCY Last Known Adl\lress (if address cannot be reasonably ascertained, please indicate) i 2101 NORTH ltRONT STREET HARRISBURG, PA 17105 Name 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 Adclress (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 ascerllained, please indicate) Tenant/Occupant 49 BRANDY RUN ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North HanoVier Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best ofrny personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification tb authorities. Julv 7. 2006 DATE ,ESQUIRE D G. Attorney for Plain .. III ... DESCRIPTION ALL those two certain tracts ofland with the improvements ithereon erected situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and descn"bed as follows: TRACTNO. 1: BEGINNING at a point in the centerline ofiLegislative Route 21003 at the eastern edge ofa lane; thence along the latter, North 10 degreeS~o minutes East 230 feet to a stake; thence along land of James R. Showvaker, et ux, South 59 de' ees 45 minutes East 200 feet to a stake; thence still along the same, South 10 degrees 38 min tes 20 seconds West 230.34 feet to a point in the center line of Legislative Route 21003; thence ~Iong the latter, the following courses and distances, North 63 degrees 36 minutes West 50.48 feet ~o a point, North 62 degrees 30 minutes West 42.92 feet to a point, North 58 degrees 39 minutes West 59.94 feet to a point and North 53 degrees 51 minutes West 46.66 feet to a point, the Plade of BEGINNING. , CONTAINING 1.01 acres according to a survey of Noel B. $mith, R.s., dated March 1, 1972 and recorded herewith. I TRACT NO.2: BEGINNING at an iron pin on the eastern si~e of a gravel drive on the line of Lot No. I on the hereinafter mentioned Plan of Lots; thence a~ong the latter, South 81 degrees 39 minutes 10 seconds East, a distance of 152.23 feet to an rton pin; thence along the same, South 15 degrees 43 minutes 47 seconds East, a distance of81172 feet to an iron pin on the line of other land of James R. Showvaker, et ux; thence along the latl!er, North 59 degrees 45 minutes 00 seconds West, a distance of200.00 feet to an iron pin, the Place of BEGINNING. CONTAINING 0.130 acres according to a Subdivision Plan for James R. Showvaker by John K. Bixler, ill, R.S., dated May 9, 1989, recorded in Cumberland County Plan Book 58, Page 98, and being designated as Lot No. IA thereon. BEING the same two properties which James R. Showvaker find Kay F. Showvaker, his wife, granted and conveyed to George E. Jumper, Jr. and Linda A. Juimper, his wife, Grantors herein, by deeds dated June 2, 1972 and July 12, 1989 and recorded i~ the Office of the Recorder of Deeds for Cumberland County in Deed Book '0', Volume 24, Page 641 and Deed Book' ',Volume ,Page ,respectively. PARCEL IDENTIFICATION NO: 44-07-0487-015A CONTRcpL #: 44000609 TITLE TO SAID PREMISES IS VESTED IN J. Thomas Mahoney ll1)d Deborah K. Mahoney, his wife, by Deed from George E. Jumper, Jr. and Linda A. Jumper, his Wife, dated 08/18/1989, recorded 08/22/1989, in Deed Book C-34, page 1111. (TRACT ONE!& TWO) PREMISES BEING: 49 BRANDY RUN ROAD, NEWVILLE, P A 17241 -,',' .-< Q ... " ,-j -71 ::;:J ,i;i~ -',j CJ ) N I.C .1... '-,..., =< III r ..1 t FIRST HORIZON HOME LOAN CORPORATION, FfKlA FT MORTGAGE COMPANIES, D/B/A : CARL I. BROWN MORTGAGE Plaintiff, CUMBERLAND COUNTY No. 0(i...3032 v. JOHN THOMAS MAHONEY DEBORAH K. MAHONEY AIKIA DEBORAH K. RADOCI Defendant( s). 49 BRANDY RUN ROAD NEWVILLE, PA 17241 July 7, 2006 DEBORAH K. MAHONEY AJK/~IDEBORAH K. RADOCI 49 B~Y RUN ROAD NEwVILLE, PAl 7241 TO: JOHNTHOMASMAHONEY "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. 49 BRANDY RUN ROAD. Nf:WVILLE. PA 17241. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce tihe court judgment of$82.887.87 obtained by FIRST HORIZON HOME LOAN CORPORATIO~. FIK/A FT MORTGAGE COMPANIES. D/B/A CARL I. BROWN MORTGAGE (the mdrtgagee) 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 RIGIm YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate actiion: 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 i king the Court to strike or open the judgment, if the judgment was improperly entered. I ou may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other egal proceedings. III .f , 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 YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PL CEo 1. If the Sheriffs Sale is not stopped, your property will belsold 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 Sherltrthe 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 She~ff, 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. i 6. You may be entitled to a share of the money which wast aid for your house. A schedule of distribution of the money bid for your house will be filed by the Sh' . ff within 30 days of the sale. This schedule will state who will be receiving that money. The money '11 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 A~. ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEL. PHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL H LP. IMPORTANT NOTICE: This property is sold at the direction lof the plaintiff. It may not be sold in the absence of a re resentative of the laintiff at the Sher 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 ATIORNEY REFERRAL CUMBERLAND COUNTY BAR ASS(!)CIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COUR HOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 . PRAECIPE FOR WRIT OF EXECUTION - (MORll AGE FORECLOSURE) III - " , DESCRII'TION ALL those two certain tracts ofland with the improvements ~n erected situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bound~d and descn"bed as follows: I TRACT NO.1: BEGINNING at a point in the center line of egislative Route 21003 at the eastern edge of a lane; thence along the latter, North 10 degrees minutes East 230 feet to a stake; thence along land of James R. Showvaker, et ux, South 59 de es 45 minutes East 200 feet to a stake; thence still along the same, South 10 degrees 38 min es 20 seconds West 230.34 feet to a point in the center line of Legislative Route 21003; thence a ong the latter, the following courses and distances, North 63 degrees 36 minutes West 50.48 feet a point, North 62 degrees 30 minutes West 42.92 feet to a point, North S8 degrees 39 minutes . est S9.94 feet to a point and North S3 degrees 51 minutes West 46.66 feet to a point, the Place of BEGINNING. CONTAINING 1.01 acres according to a survey of Noel B. r. .th, R.S., dated March 1, 1972 and recorded herewith. i TRACT NO.2: BEGINNING at an iron pin on the eastern s~' e of a gravel drive on the line of Lot No. 1 on the hereinafter mentioned Plan of Lots; thence " ngthe latter, South 81 degrees 39 minutes.l0 seconds East, a distance of 152.23 feet to an' pin; thence along the same, South 15 degrees 43 minutes 47 seconds East, a distance of 81; 2 feet to an iron pin on the line of other land of James R. Showvaker, et ux; thence along the la~, North S9 degrees 4S minutes 00 seconds West, a distance of 200.00 feet to an iron pin, the Place of BEGINNING. CONTAINING 0.130 acres according to a Subdivision Plan tor James R. Showvaker by John K. Bixler, ill, R.S., dated May 9, 1989, recorded in CumberlandiCounty Plan Book 58, Page 98, and being designated as Lot No. lA thereon. BEING the same two properties which James R. Showvaker ~d Kay F. Showvaker, his wife, granted and conveyed to George E. Jumper, Jr. and Linda A. Jujinper, his wife, Grantors herein, by deeds dated June 2, 1972 and July 12, 1989 and recorded ~.. the Office of the Recorder of Deeds for Cumberland County in Deed Book '0', Volume 24, Pagci\641 and Deed Book' " Volume ,Page , respectively. ' PARCEL IDENTIFICATION NO: 44-07-0487-015A CONTROL #: 44000609 TITLE TO SAID PREMISES IS VESTED IN J. Thomas Mahoney an~ Deborah K. Mahoney, his wife, by Deed from George E. Jumper, Jr. and Linda A. Jumper, his vllife, dated 08/18/1989, recorded 08/22/1989, in Deed Book C-34, page 1111. (TRACT ONE & TWO) PREMISES BEING: 49 BRANDY RUN ROAD, NEWVILLE, .\I' A 17241 '\ , r-.~ ":.:1 c::-.., \.") ~'n ,~." c.~ c , N o..P III DESCRIPTION ALL those two certain tracts of land with the improvements ithereon erected situate in Upper Mifflin Township, Cumberland County, Pennsylvania, boun4~d and described as follows: TRACT NO.1: BEGINNING at a point in the center line o~Legislative Route 21003 at the eastern edge of a lane; thence along the latter, North 10 degrees. 0 minutes East 230 feet to a stake; thence along land of James R. Showvaker, et ux, South 59 d ees 45 minutes East 200 feet to a stake; thence still along the same, South 10 degrees 38 mi tes 20 seconds West 230.34 feet to a point in the center line of Legislative Route 21003; thence long the latter, the following courses and distances, North 63 degrees 36 minutes West 50.48 feet to a point, North 62 degrees 30 minutes West 42.92 feet to a point, North 58 degrees 39 minutes i est 59.94 feet to a point and North 53 degrees 51 minutes West 46.66 feet to a point, the PI . e of BEGINNING. CONTAINING 1.01 acres according to a survey of Noel B.lbmith, R.S., dated March 1, 1972 and recorded herewith. r ! TRACT NO.2: BEGINNING at an iron pin on the eastern de of a gravel drive on the line of Lot No.1 on the hereinafter mentioned Plan of Lots; thence ong the latter, South 81 degrees 39 minutes 10 seconds East, a distance of 152.23 feet to an on pin; thence along the same, South 15 degrees 43 minutes 47 seconds East, a distance of 8 .72 feet to an iron pin on the line of other land of James R. Showvaker, et ux; thence along the la er, North 59 degrees 45 minutes 00 seconds West, a distance of 200.00 feet to an iron pin, Place ofBEGlNNlNG. CONTAINING 0.130 acres according to a Subdivision Plan or James R. Showvaker by John K. Bixler, ill, R.S" dated May 9, 1989, recorded in Cumberlan County Plan Book 58, Page 98, and being designated as Lot No. IA thereon. BEING the same two properties which James R. Showvakeriand Kay F. Showvaker, his wife, granted and conveyed to George E. Jumper, Jr. and Linda A. J mper, his wife, Grantors herein, by deeds dated June 2, 1972 and July 12, 1989 and recorded i n the Office of the Recorder of Deeds for Cumberland County in Deed Book '0', Volume 24, Pall 641 and Deed Book' " Volume ,Page ,respectively. PARCEL IDENTIFICATION NO: 44-07-0487-015A ~ 44000609 TITLE TO SAID PREMISES IS VESTED IN J. Thomas MahOne$. d Deborah K. Mahoney, his wife, by Deed.from George E. Jumper, Jr. and Linda A. Jumper, his' 'fe, dated 08/18/1989, recorded 08/22/1989, in Deed Book C-34, page 111 I. (TRACT 0 & TWO) i , PREMISES BEING: 49 BRANDY RUN ROAD, NEWVILLE.!P A 17241 ~".) r\.) \,.C; PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney LD. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff FIRST HORIZON HOME LOAN CORPORA nON F/K/A FT MORTGAGE COMPANIES D/B/A CARL I. BROWN MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO. 06-3032 JOHN THOMAS MAHONEY DEBORAH K. MAHONEY AJK/A DEBORAH K. RADOCI Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendants, JOHN THOMAS MAHONEY and DEBORAH K. MAHONEY A/K1A DEBORAH K. RADOCI, by certified mail and regular mail to 49 BRANDY RUN ROAD, NEWVILLE, P A 17241, and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for DECEMBER 6, 2006. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendants be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendants with the Notice of Sale have been unsuccessful, as indicated by the Returns of Service attached hereto as Exhibit "A". 4. Pursuant to Pa.R.c.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P.. Rule 430 by certified and regular mail to 49 BRANDY RUN ROAD, NEWVILLE, PA 17241. PHELAN HALLINAN & SCHMIEG, LLP By: G, ESQUIRE PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563- 7000 Attorney for Plaintiff FIRST HORIZON HOME LOAN CORPORA nON FIK/A FT MORTGAGE COMPANIES D/B/A CARL 1. BROWN MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO. 06-3032 JOHN THOMAS MAHONEY DEBORAH K. MAHONEY AlK/ A DEBORAH K. RADOCI Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendants Notice of the Sale ofthe mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendants, JOHN THOMAS MAHONEY and DEBORAH K. MAHONEY AIKI A DEBORAH K. RADOCI, are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (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 and the reasons why service cannot be made. Note: A Sheriffs Return or Affidavit of Service 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) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 c.P.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. As indicated by the attached Affidavits of Return of Service, marked hereto as Exhibit "A", the Process Server 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 as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 49 BRANDY RUN ROAD, NEWVILLE, P A 17241 . Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: Attorney Firm: Subject: 135426 Phelan, Hallinan & Schmieg, LLP John Mahoney & Deborah Mahoney Property Address: 49 Brandy Run Road, Newville, PA 17241 PossibleMailingAddress:P.o.Box123.Newville.PAl7241 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct John Mahoney - 206-38-8555 Deborah Mahoney -196-48-1734 B. EMPLOYMENf SEARCH John Mahoney & Deborah Mahoney - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that John Mahoney reside(s) at 49 Brandy Run Road, Newville, P A 17241 & Deborah Mahoney reside(s) at: P.O. Box 123, Newville, P A 17241. II. INQUIRY OF TELEPHONE COMPANY A. DIRECfORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that John Mahoney & Deborah Mahoney reside(s) at: 49 Brandy Run Road, Newville, P A 17241. On 05-18-06 our office made a telephone call to the subject's phone number (717) 776-0245 and received the following information: disconnected. B. On 05-18-06 our office made several telephone calls to the phone number (717) 805-1518 and received the following information: answering machine. On 05-18-06 our office made a telephone call to the phone number (717) 776-4450 and received the following information: disconnected. On 05-18-06 our office made a telephone call to the phone number (717) 776- 4867 and received the following information: fax tone. III. INQUIRY OF NEIGHBORS On 05-18-06 our office made several phone calls in an attempt to contact Ricky L. Myers (717) 776-6679,29 Brandy Run Road, Newville, PA 17241: answering machine. On 05-18-06 our office made several phone calls in an attempt to contact James R. Showvaker (717) 776-5186, 5 Brandy Run Road, Newville, P A 17241: answering machine. On 05-18-06 our office made a phone call in an attempt to contact Richard J. Kenney (717) 776- 4305,125 Brandy Run Road, Newville, PA 17241: hung up. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 05-17-06 we reviewed the National Address database and found the following information: John Mahoney & Deborah Mahoney - P.O. Box 123, Newville, P A 17241. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: P.D. Box 123, Newville, PA 17241. V. DRIVERS LICENSE INFORMATION A MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we were unable to obtain address information on John Mahoney & Deborah Mahoney. VI. OTHER INQUIRIES A DEATH RECORDS As of 05-18-06 Vital Records and all public databases have no death record on file for John Mahoney & Deborah Mahoney. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for John Mahoney & Deborah Mahoney residing at last registered address. VII. ADDmONAL INFORMATION OF SUBJECT A DATEOFBIRTH John Mahoney - not available Deborah Mahoney - 09-15-1956 B. AK.A John Thomas Mahoney Deborah K. Radoci It Our accessible databases have been checked and cross-referenced for the above named individual(s). It 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 unsworn falsification to authorities. C WEAL. TH 0" Pff.N.'\\SYL,.'l NOTARIAL SEAl NORA M. FERRER, Notary Public _oIPNII:~!"", PhIa. C<Mitr .. .., . " ~2f.~ 't~d - ~-64. AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 18th day of May, 2006. The above information is obtained from available public records and we are only liable for the cost of the affidavit lNO AFFIDAVIT OF SERVICE PLAINTIFF FIRST HORIZON HOME LOAN CORPORATIO~ FIKIA Ff MORTGAGE COMPANlE~ D/B/A CARL I. BROWN MORTGAGE CUMBERLAND COUNTY / ft-\g~13~l.id(Q ACCT. #0017042045 No. 06-3032 DEFENDANT(S) JOHN THOMAS MAHONEY DEBORAH K. MAHONEY A/KJA DEBORAH K. RADOCI Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 6, 2006 SERVE JOHN THOMAS MAHONEY AT 49 BRANDY RUN ROAD NEWVILLE, PA 17241 SERVED Served and made known to . Defendant, on the day of .200_, at . o'clock _.m., at . Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult familymemher 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 ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age_ Height_ Weigbt_ 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 subscn'bed before me this _ day of , 200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. On the Zo day of "J"" l Y NOT SERVED . 200k at 7: 41 o'clock ..e.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 sl Attempt: I I Time: od 2 Attempt: I I Time: 3rd Attempt: I I Time: and subs~ . s;21),'1'~JY 200 G:,. - ~/I.. "By: A or Plaintiff ~ Da . I ;<S81ylJ1~i~squire -I.D. No. 62205 State of New Jersey I J.. ~A.TRICjA E. HARRIS I romm'SSlon Expires June 18, 2008 (-4,10.$ . e (S U4C1::l"\ 1" I 4~d rc.", do"",.., . ~ ~ \-t:,.. 1\.0+ f" ' l.4. -"\ ^, "!I f)~~ yord.. 1\0 t l<e rt /~oZ- AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF FIRST HORIZON HOME LOAN CORPORATION~ FIKIA liT MORTGAGE COMPANttS~ D/B/A CARLI. BROWN MORTGAGE I No. 06-3032 ACCT. #0017042045 DEFENDANT(S) JOHN THOMAS MAHONEY DEBORAH K. MAHONEY AfKfA DEBORAH K. RADOCI Type of Action -NotkeofSherifrsS~e Sale Date: DECEMBER 6, 2006 SERVE DEBORAH K. MAHONEY AfKfA DEBORAH K. RADOCI AT 49 BRANDY RUN ROAD NEWVILLE, PA 17241 SERVED SeIved and made known to , Defendant, on the day of ,200_, at ,o'clock_.m., at , 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 ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'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 Sheriff's 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 subscn1>ed before me this _ day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Moved Unknown NOT SERVED . 200~ at ? "/;,cJ..... Defendant NOT FOUND bocaw,,, No Answer Vacant On the 2.0 dayof ~ '-A 'V 1 sl Attempt: 2nd Attempt: I / Time: / / Time: 3rd Attempt: / / Time: 1-1 de.' t ,. S ""e"el" 1\' f- Vqca",+) Q<,\4 ic.c.\ dcst.v'4. yard ""I- l<epf- t" ""'''' ,'A" . ~.. /~ ol- VERIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verification and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: August 14. 2006 DANIEL G. SCHMI G, ESQUIRE . . PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff FIRST HORIZON HOME LOAN CORPORA nON F/K/A FT MORTGAGE COMPANIES D/B/A CARL I. BROWN MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO. 06-3032 JOHN THOMAS MAHONEY DEBORAH K. MAHONEY NK/A DEBORAH K. RADOCI Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. JOHN THOMAS MAHONEY DEBORAH K MAHONEY A/K/A DEBORAH K. RADOCI 49 BRANDY RUN ROAD NEWVILLE, PA 17241 & P.O. BOX 123 NEWVILLE, PA 17241 Daniel G. Schmieg Esquire Attorney for Plainti f Date: August 14.2006 0 ......, 0 t:::::) c = ""'T1 s:: a-. ,-' C1., >- :t! mfl c n1 ::!J Z._"'~ G"} ;g,~ O"'.:;;'''r'.- ~ ~"',; (Jl ~ -u ~~ t"._'.~ /--'; ~,.. ;:5 :!:1 ~<:) .....~ :..".. (') .c..'m ""'"C: ,....> Q Z ?n =< <"'.l 0' -< ( '" FIRST HORIZON HOME LOAN CORPORATION : IN THE COURT OF COMMON PLEAS OF F/KlA FT MORTGAGE COMPANIES D/B/A : CUMBERLAND COUNTY, PENNSYLVANIA CARL I. BROWN MORTGAGE Plaintiff V, JOHN THOMAS MAHONEY DEBORAH K. MAHONEY AlKlA DEBORAH K. RADOCI Defendants : 06-3032 CIVIL ORDER OF COURT AND NOW, this 18th day of August, 2006, upon consideration of the Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendants, John Thomas Mahoney and Deborah K. Mahoney, alkJa Deborah K. Radoci, have been unsuccessful, Plaintiffs Motion is GRANTED. IT IS ORDERED AND DIRECTED: 1. That the Sheriff and/or Plaintiff is directed to serve the Notice of Sale on Defendants, John Thomas Mahoney and Deborah K. Mahoney, alkJa Deborah K. Radoci, by posting a copy of the Complaint upon the premises at 49 Brandy Run Road, Newville, PA 17241; 2. That the Plaintiff serve the Notice of Sale by certified and regular mail to the Defendants' last known addresses at 49 Brandy Run Road, Newville, PA 17241 and P. O. Box 123, Newville, PA 17241; 3. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania; ,. IfINVlIlf\SNN3d .liNncy" 0url1r::8i^lna o C : I Wd I G ~f1V 900Z Al:NIONOHJ.OCJd 3Hl ::10 381:J::io-G311:J (. ~ 4. All future service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendants' last known addresses by sending copies of same to Defendants' last known addresses by certified and regular mail, By the Court, J. M. L. Ebert, Jr., Daniel G. Schmieg, Esquire Attorney for Plaintiff /Ufr ~ F/);;/O(,. 9- Cumberland County Sheriff's Office bas Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney LD. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff FIRST HORIZON HOME LOAN CORPORATION F/KfA Ff MORTGAGE COMPANIES DIB/ A CARL I. BROWN MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-3032 JOHN THOMAS MAHONEY DEBORAH K. MAHONEY AlKfA DEBORAH K. RADOCI Defendant(s). 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 JOHN THOMAS MAHONEY & DEBORAH K. MAHONEY AlKfA DEBORAH K. RADOCI on AUGUST 3, 2006 at 49 BRANDY RUN ROAD, NEWVILLE, PA 17241 & P.O. BOX 123, NEWVILLE, PA 17241 in accordance with the Order of Court dated AUGUST 18,2006. The property was posted on SEPTEMBER 1, 2006. Publication was advertised in THE SENTINEL on SEPTEMBER 1, 2006 & in CUMBERLAND LAW JOURNAL on SEPTEMBER 8, 2006. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. By: ~LL~AN & SCHMIEG, LLP tNIEL ~SQUIRE Dated: September 18, 2006 7~03CJ01'W4'b?62 d50::JO TO: JOHN THOMAS MAHONEY P.O. BOX 123 NEWVILLE, P A 17241 . ' ,/:,1. i' JOHN THOMAS MAHONEY 49 BRANDY RUN ROAD NEWVILLE, P A 17241 SENDER: SENDER: PAW TEAM 4 REFERENCE: MAHONEY, JOHN phs#135426 PAW TEAM 4 REFERENCE: MAHONEY, JOHN phs#135426 PS Fonn 3800 Janua 2005 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees PS Form 3800 2005 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delillery Total Postage & Fees US Postal Service Receipt for Certified Mail POS US Postal Service Receipt for Certified Mail DEBORAH K. MAHONEY AlKJA DEBORAH K. RADOCI 49 BRANDY RUN ROAD NEWVILLE, P A 17241 DEBORAH K. MAHONEY AlK/A DEBORAH K. RADOCI P.O. BOX 123 NEWVILLE, P A 17241 PAW TEAM 4 REFERENCE: MAHONEY, JOHN phs#135426 SENDER: PAW TEAM 4 REFERENCE: MAHONEY, JOHN phs#135426 PS Form 3800 Janua 2005 RETURN Postage RECEIPT Certified Fee SERVICE R R' t Fe eturn ecetp e Restricted Delivery Total Postage & Fees PS Fonn 3800 Janua RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delillery Total Postage & Fees US Postal Service US Postal Service Receipt for Certified Mail POS Receipt for Certified Mail No Insurance Coverage Provided 00 Not Use for International Mail No Insurance Coverage Provided 00 Not Use for International Mail ~,-.,.'-"'---~- '-'~."-' --,..,~-_...-- -- --~ FIRST HORIZON HOME LOAN CORPORATION F/KJA FT MORTGAGE COMPANIES D/B/A CARL I. BROWN MORTGAGE Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN THOMAS MAHONEY DEBORAH K. MAHONEY AlKJA DEBORAH K. RADOCI Defendants : 06-3032 CIVIL ORDER OF COURT AND NOW, this 18th day of August, 2006, upon consideration of the Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendants, John Thomas Mahoney and Deborah K. Mahoney, a/kJa Deborah K. Radoci, have been unsuccessful, Plaintiff's Motion is GRANTED. IT IS ORDERED AND DIRECTED: 1. That the Sheriff and/or Plaintiff is directed to serve the Notice of Sale on Defendants, John Thomas Mahoney and Deborah K. Mahoney, a/k/a Deborah K. Radoci, by posting a copy of the Complaint upon the premises at 49 Brandy Run Road, Newville, PA 17241; 2. That the Plaintiff serve the Notice of Sale by certified and regular mail to the Defendants' last known addresses at 49 Brandy Run Road, Newville, PA 17241 and P. O. Box 123, Newville, PA 17241; 3. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania; 4. All future service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendants' last known addresses by sending copies of same to Defendants' last known addresses by certified and regular mail. By the Court, J. Daniel G. Schmieg, Esquire Attorney for Plaintiff Cumberland County Sheriff's Office bas TRUE COpy FROM RECOt-aJ In Testimony whereof. lhere unto set my haAC! Il1d lito ... of said ~.'. at CarIsIe Pa fhtl Jf# ~ ~ . (;, ' '.; I A f~ ProtI1onorari AFFIDAVIT OF SERVICE PLAINTIFF F~THO~ONHOMELOAN CORPORATION, F/KIA FT MORTGAGE COMPANIES, D/B/A CARL I. BROWN MORTGAGE CUMBERLAND COUNTY I No. 06-3032 PHS#135426 DEFENDANT(S) JOHN THOMAS MAHONEY DEBORAH K. MAHONEY A/KJA DEBORAH K. RADOCI Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 6, 2006 **Please post premises with Notice of Sheriffs Sale per court order** 49 BRANDY RUN ROAD NEWVILLE, P A 17241 SERVED Served and made known to ? Cl '::J+-f> ~ pr E'VI"\. I' Se .s , Defendant, on the at /1:'f), o'clockf.m, at t.[ C( Bra" ~y Rc..", R ~ . st 5c:. rkt'"llhPf dayofA-.'1~ S-e.200~ , 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 ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefe nt(s)'s office or usual place of business. ~ an offi r of said Defendant(s)'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 Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ) I S~t@tG .":>':~' ij;~j,y p~Nt~~:L",'~':~'~~R1S On ~~~feff~j!5J~I',e 16, 2008 NOT SERVED ,200_, at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer Vacant 2nd Attempt: / / Time: 1 st Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 ~C) '?cr .. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA SSe 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 September 8, 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. 2. S TO AND SUBSCRIBED before me this 8 day of September, 2006 r- . NOTARAL SEAL .. LOIS E. SNYDER, Notary Public I Carlisle Boro. Cumberland County ~ Mv Commissjo~ Expires March 5, 2009 r . :J..'t_ -"'~___""'__..4"''''. Ii.. .....r J~"'..'__;4 ... CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO.: 06-3032 FIRST HORIZON HOME LOAN CORPORATION F /K/ A/ IT MORTGAGE COMPANIES D/B/A CARL 1. BROWN vs. JOHN THOMAS MAHONEY & DEBORAH K. MAHONEY a/k/a DEBORAH K. RADOCI NOTICE TO: JOHN THOMAS MAHONEY & DEBORAH K. MAHONEY A/K/ A DEBORAH K. RADOCI NOTICE OF SHERIFF'S SALE OF REAL PROPERlY TAKE NanCE that the real es- tate located at 49 BRANDY RUN ROAD, NEWVILLE, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, December 6, 2006 at 10:00 A.M., Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to en- force the court judgment of $82,887.87, obtair..ed by FIRST HORIZON HOME LOAN CORPO- RATION F /K/ A/ IT MORTGAGE COMPANIES D/B/A CARL I. BROWN (the mortgagee). AIl those two certain tracts of land with the improvements th:reon erected situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACf NO.1: BEGINNING at a point in the center line of Legisla- tive Route 21003 at the eastern edge of a lane; thence along the latter, North 10 degrees 30 min- utes East 230 feet to a stake; thence along land of James R. Showvaker, et ux, South 59 degrees 45 min- utes East 200 feet to a stake; thence still along the same, South 10 de- grees 38 minutes 20 seconds West 230.34 feet to a point in the center line of Legislative Route 21003; thence along the latter, the follow- ing courses and distances, North 63 degrees 36 minutes West 50.48 feet to a point, North 62 degrees 30 minutes West 42.92 feet to a point, North 58 degrees 39 min- utes West 59.94 feet to a point and North 33 degrees 51 minutes West 46.66 feet to a point, the Place of BEGINNING. CONTAINING 1.01 acres ac- cording to a survey of Noel B. Smith, R.S.. dated March 1, 1972 and recorded herewith. TRACT NO.2: BEGINNING at an iron pin on the eastern side of a gravel drive on the line of Lot No. 1 on the hereinafter mentioned Plan of Lots; thence along the latter, South 81 degrees 39 minutes 10 seconds East, a distance of 152.23 feet to an iron pin; thence along the same, South 15 degrees 43 minutes 47 seconds East, a dis- tance of 81. 72 feet to an iron pin on the line of other land of James R. Stowvaker, et ux; thence along the latter, North 59 degrees 45 minutes 00 seconds West, a dis- tance of 200.00 feet to an iron pin, the Place of BEGINNING. CONTAINING 0.130 acres ac- cording to a Subdivision Plan for 11 ... CUMBERIAND LAW JOURNAL James R. Showvaker by John K. Bixler, III, R.S., dated May 9, 1989, recorded in Cumberland County Plan Book 58, Page 98, and being designated as Lot No. lA thereon. TITLE TO SAID PREMISES IN VESTED IN J. Thomas Mahoney and Deborah K. Mahoney, his wife, by Deed from George E. Jumper, Jr. and Linda A. Jumper, his wife, dated 08/18/1989, recorded 08/ 22/1989, in Deed Book C-34, page 1111. (TRACT ONE & 1WO) Being Premises 49 BRANDY RUN ROAD, NEWVILLE, PA 17241. Improvements consist of resi- dential property. Sold as the property of JOHN THOMAS MAHONEY & DEBORAH K. MAHONEY A/K/ A DEBORAH K. RADOCI. CONDITIONS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. Terms: The purchaser will be required to pay the full amount of his bid by 1WO O'CLOCK p.m., on the day of the sale, and if complied with, a deed will be tendered by the Sheriff at the next Court of Common Pleas for Cumberland County, conveying to the purchaser all the right, title, interest and claim which said defendant has in and to said property at the time of levy- ing the same. ALTHOUGH NOT PART OF THE MINIMUM BID, PROPERTY SOLD FOR MINIMUM BID DOES NOT DISCHARGE DE- LINQUENT AND/OR OUTSTAND- ING TAXES AND THE PURCHASER WILL BE RESPONSIBLE FOR SAME. If above conditions be not complied with on the part of the Purchaser, the property will again be offered for sale by the Sheriff at THREE O'CLOCK p.m. on the same day. The said purchaser will be held liable for the deficiencies and ad- ditional cost of said sale. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on JANUARY 8, 2007, dis- tribution will be made in accor- dance with the schedule unless exceptions are filed within ten days thereto. DANIEL G. SCHMIEG, ESQUIRE Attorney for the Plaintiff Suite 1400, One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Sept. 8 12 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, 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) September 01,2006 COpy OF NOTICE OF PUBLICATION ........ ---'.- PI "n1I11~,., ,',~,-';,~~-- "Y-,... -;-..-;-- -"'"--_~;#1 . -U;JI-::l:IC'r OiJfiAJ, ~-_ GJ ~ OF cUM8i'ftwo'cou~("ij1fl(gl) S8lIJV. ,{z)..;:?' , CIVIL ACTION. LAW NO. 06-3032 . FIRST HORIZON HOME LOAN CORPORATION F/KJA FT MORTGAGE COMPANfES DI8lACARL I. BROWN , vs. JOHN THOMAS MAHONEY & . DEBORAHK. MAHONEY A/KJA DEBORAH K. RADOCI ~ TO: JOHN TH~AS M,4HONEY & '. '. . DEBORAH K. MAHON~'( A/KIA DEBORAH K. RADoel "NOTICE OF SHERIFF'SSALE,OFREAL PROPERTY' , TAKE NOTICE t~t the, real estate lOCated at 4~ BRANDY. RON ROAD,NEWVILlE, , PA 17241 is schedtiIedtobe sold at SlIeriff'asele 00 Wecjleaday,DEClSMBER6, 2,006 at 10:00 A.M., ~mberlllll(lGolttlty Gou~'" Sot/lhHanoyer Slreet. Carlisle, PA 17013,\0 enforce. thf.l Q()H\1j\l~erit of $12,8$7.87. obtained by FIRST H()FUZON HOME LOAN CORPORl'TION"FIKIA FTMOR'rGAGECOMPANIES DIB/A CARL ".BROWN {theinortgagee). All those two certain tra~ 6f.lana wlthtt!e ItnprOvtlmen18 thereon e~ed situate In Uw.er MIJfIln Townlhlp, Cumberland,County, Pent\$yIVania, bounded and " descrlbedas follows: , TRACT NO.1: BEGI~ING at a point In the center line of legISlative Route 2100$ at I the eas.tem edge of a Jane; thence along the latter, North 10 degrees 30. minutes Ea~t~sO leet!o a slake; thence along land. ofJ~m~R. SbOwvaker,et U!(, SOUth 59 d8t'fMs 45 m!nutes East 200 feel 10 a stake; thence stIH along the SlUne, South 10 cl8gr8es 38 mir/utell20 Uoonde WesI230.34 feet 10 a point in the cenu,r line of Legislative Route~.1~; thence along the latter, the fOllowing coui'88S and CIt8tllncft,"Noy1tt~~ as 1l'IIIlIlteaw...iOM-f..UoapolDl, North li2 degrees SO minu~es West 42.92 feel to a pOll'It, North 58 degrees 39 minutes West 59.94 feet to a poInt and'North 53 degrees 51 minutes West 46.66 feet to a point the .,II./,o "f ~Fc:lINNINr.' , .W;:: ( .' ,"OUlp~p~BOlABM ...~r;o~~~~A\:;,~~~~~~ : :"'~~'.'~4mw~ iU11Ift8I'Ul ~~~ ,:WUllo 1811 IJ1I:) ~ . ;1'0114 -,Y ". ,,~. . .Jli1WIItIJG lMI. Aq PIlI ~~.IWMJ~1ti,_ =~ .l!'Ipepuuq..~~,JQJ~,~:l lei -"JMIQ liIIII~~ ~~to!SIII'''H'- ,1UUl.qQt III '''IN ~ e tmqJ ~8f ~ '~.e&or punQd'08l, 'O{-lOO.J'~ . ~iU ' jllMiQ~~ ..ua.lfpgfpUlq "".';:J. 0lH 1fp!m JO 1ft lftUN~... ~.. ~.. ~,,'JW!8rdmoo,RAQU. ~H., ~ / .' 'A1rW~ , ~ Uf os OP OJ UlO1p JY.r.>JO} ~ ma1'l :s U~ ~e lD!tI ~ t,lIpW ~l~' ~!m",'i,-Q~ \X).~JN pue. UQ!d, ..J_~~L__~ _ -. _ -~,&tt Affia!\t 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 06th. day of September 2006. C~ i:.W Notary p~ My commission expires: q / ,10<( COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Wdfe, Notary Public Carlisle 8oro, CumbeItand County My Commission Expires Sepl1, 2008 Member. Pennsylvania Association Of Notaries \~,~ (.,. ) , ;1 :::1 Ci1 SHERIFF'S RETURN - REGULAR ~ CASE NO: 2006-03032 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS MAHONEY JOHN THOMAS ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MAHONEY JOHN THOMAS the DEFENDANT , at 1656:00 HOURS, on the 26th day of May at 49 BRANDY RUN ROAD , 2006 NEWVILLE, PA 17241 by handing to DEBORAH MAHONEY, ADULT IN CHARGE 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: Sworn and Subscibed 18.00 11. 44 .00 10.00 .00 39.44./ ~ 1//710~ to r~~~<~-' R. Thomas Kline 05/30/2006 PHELAN HALLINAN SCHMIEG day By: ~ V~ , Deputy Sheriff before me this of A.D. SHERIFF'S RETURN - REGULAR . CASE NO: 2006-03032 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS MAHONEY JOHN THOMAS ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County/Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MAHONEY DEBORAH K AKA DEBORAH K RADOCI the DEFENDANT , at 1656:00 HOURS, on the 26th day of May / 2006 at 49 BRANDY RUN ROAD NEWVILLE, PA 17241 by handing to DEBORAH MAHONEY 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: 6.00 .00 .00 10.00 .00 16.00 v ~. '1Jl7lb~ .~~~~~ R. Thomas Kline 05/30/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: ~~v~ Deputy Sheriff before me this day of A.D. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 161 7 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 First Horizon Home Loan Corporation, F/K1A FT Mortgage Companies, D/B/A Carl I. Brown Mortgage ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No. 06-3032 John Mahoney A/KIA John Thomas Mahoney Deborah K. Mahoney A/KIA Deborah K. Radoci Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: I. Plaintiff commenced this foreclosure action by filing a Complaint on May 25, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on July 8, 2006 in the amount of$82,887.87. 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. The Property is listed for Sheriff's Sale on December 6, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. 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 Interest Through 12/06/06 Per Diem $15.93 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections Appraisal/BPO MIPIPMI NSF Suspense/Misc. Credits Escrow Deficit $77,508.97 5,893.90 223.04 1,500.00 2,026.94 0.00 0.00 250.00 0.00 0.00 0.00 2.113.73 TOTAL $89,516.58 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: 111r?00 ichele M. Bradford, Esquire Attorney for Plaintiff By: PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 First Horizon Home Loan Corporation, F/KJA FT Mortgage Companies, D/B/A Carll. Brown Mortgage ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No. 06-3032 John Mahoney A/KJ A John Thomas Mahoney Deborah K. Mahoney A/KJA Deborah K. Radoci Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants 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 49 Brandy Run Road, Newville, PAl 7241. 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 9 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171,595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because ajudgment 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 Comoanv 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 ajudgment 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 tenns of the Mortgage, and Plaintiff has been forced to incur significant unjust tinanciallosses on this loan. Ill. 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. IV. 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 tenns of the Mortgage. v. 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 SavinJ!s and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confinning that an attorney's fee often 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. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DA TE: t I /01 ()(p ,,+ Exhibit "A" COURT OF COMMON PLEAS CNIL DNISION TERM . NO. Cis. -~O:S~ (!;C)ttT~ CUMBERLAND COUNTY PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, P A 19103 (215) 563-7000 135426 FIRST HORIZON HOME LOAN CORPORATION, FIKf A FT MORTGAGE COMPANIES, D/B/A CARL I. BROWN MORTGAGE 4000 HORIZON WAY IRVING, TX 75063 ATIORNEY FOR PLAINTIFF Plaintiff v. JOHN THOMAS MAHONEY DEBORAHK.. MAHONEY NKJA DEBORAH K.. RADOCI 49 BRANDY RUN ROAD NEWVILLE, P A 17241 (J ~ c ~ -0 ~~~ ~ n11~ =:: CIVIL ACTION - LAW ~S::: ~ COMPLAINT IN MOR~::ORECWSURE i~, ~ You have been sued in court. If you wish to defend against the claims set forth in the f~wi~ 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 cowt without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. Yau 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 HA VB A LAWYER, GO TO OR TELEPHONE 1HE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WTI1I INFORMATION ABOUT InRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITII INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO EUGmLE PERSONS AT A REDUCED FEE OR NO FEE. Defendants We hereby certify the within to be a true and \;orrect copy of the origlnai flied of record PHELAN Lawyer Referral Service Cwnberland COWlty Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 r~~~ ~.~J~ 0(~~~ ~~~ ~~J(; ~ ~ ~'\.~~ .'f,:., :_':'~.- ~ FiJe #: 135426 a .., --4 :::." I'.r~ g~~ (~3 ;-2 /\.~ gf'r. .~ ~D .< PHELAN 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 135426 FIRST HORIZON HOME LOAN CORPORATION, FfK/ A Ff MORTGAGE COMPANIES, D/B/A CARL I. BROWN MORTGAGE 4000 HORIZON WAY IRVING, TX 75063 ATTORNEYFORPL~F Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. JOHN THOMAS MAHONEY DEBORAH K. MAHONEY AIKf A DEBORAH K. RADOCI 49 BRANDY RUN ROAD NEWVll..LE, PAl 7241 Defendants CIVlL 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 HA VB A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. lHIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT IllRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGffiLE PERSONS AT A REDUCED FEE OR NO FEE. We hereby certify the within to be a troo and correct copy of the anginaJ flied of record~\1 PHELAN Lawyer Referral Service Cumberland County Bar Association 32 South. Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 135426 File it: 135426 IF nns 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. t 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 TmRTY (30) DAYS OF RECEIPT OF TillS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WIm WRITrEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN TmRTY (3D) 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 TlDRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES mAT YOUR ANSWER TO TIDS COMPLAINT IS TO BE FILED IN THIS ACfION 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 TmS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LmGATION 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 ACfION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is FIRST HORIZON HOME LOAN CORPORATION, F/KfA Ff MORTGAGE COMPANIES, D/B/A CARL I. BROWN MORTGAGE 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: JOHN mOMAS MAHONEY DEBORAH K. MAHONEY A/KJA DEBORAH K. RADOCI 49 BRANDY RUN ROAD NEWVH..LE, P A 17241 who is/are the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3. On 09/09/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1571, Page: 37. 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 01/01/2006 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 #: l35426 6. The following amounts are due on the mortgage: Principal Balance Interest 12101/2005 through OS/24/2006 (per Diem $16.15) Attorney's Fees Cumulative Late Charges 09/09/1999 to OS/2412006 Cost of Suit and Title Search Subtotal $77,508.97 2,826.25 1,250.00 223.04 $ 550.00 $ 82,358.26 Escrow Credit Deficit Subtotal TOTAL - 197.14 0.00 $- 197.14 $ 82,161.12 7. The attorney's fees set forth above are in confomlity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's 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. andlor 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) haslhave 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 $50,000. . WHEREFORE, PLAINfIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 82.161.12, together with interest from OS/24/2006 at the rate of $16.1 5 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~LINAN & SCHMIEG. . LLP ~. ~ ~~\ By: Is/Francis S. Hallinan LAWRENCE T, PHELAN. ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 135426 LEGAL DESCRIPTION ALL those two certain tracts ofland with the improvements thereon erected situate in Upper Mifflin Township, Cumberland County, PeIUlsylvania, bounded and described as follows: TRACT NO.1: BEGINNING at a point in the center line of Legislative Route 21003 at the eastern edge ofa lane; thence along the latter, North 10 degrees 30 minutes East 230 feet to a stake; thence along land of James R. Showvaker, et ux, South S9 degrees 45 minutes East 200 feet to a stake; thence still along th~ same, South 10 degrees 38 minutes 20 seconds West 230.34 feet to a point in the center line of Legislative Route 21003; thence along the latter, the following courses and distances; North 63 degrees 36 minutes West 50.48 feet to a point, North 62 degrees 30 minutes West 42.92 feet to a point, North 58 degrees 39 minutes West 59.94 feet to a point and North 53 degrees 51 minutes West 46.66 feet to a point, the Place of BEGINNING. CONTAINING 1.01 acres according to a survey of Noel B. Smith, R.S., dated March I, 1972 and recorded herewith. TRACf NO.2: BEGINNING at an iron pin on the eastern side of a gravel drive on the line of Lot No. 1 on the hereinafter mentioned Plan of Lots; thence along the latter, South 81 degrees 39 minutes 10 seconds East, a distance of 152.23 feet to an iron pin; thence along the same, South 15 degrees 43 minutes 47 seconds East, a distance of 8 1.72 feet to an iron pin on the line of other land of James R. Showvaker, et ux; thence along the latter, North 59 degrees 45 minutes 00 seconds West, a distance of 200.00 feet to an iron pint the Place of BEGINNING. CONTAINING 0.130 acres according to a Subdivision Plan for James R. Showvaker by John K. Bixler, Ill, R.S., dated May 9, 1989, recorded in Cumberland County Plan Book , Page , and being designated as Lot No. lA thereon. BEING the same two properties which James R. Showvaker and Kay F. Showvaker, his wife, granted and conveyed to George E. Jumper, Jr. and Linda A. Jumper, his wife, Grantors herein, by deeds dated June 2, 1972 and July 12, 1989 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book '0', Volume 24, Page 641 and Deed Book' " Volume , Page , respectively. PARCEL NO. 44-07-0487w015A PROPERTY BEING: 49 BRANDY RUN ROAD File N: 135426 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 PHILADELPIllA, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATION, FIK/A FT MORTGAGE COMPANIES, D/B/A CARL I. BROWN MORTGAGE 4000 HORIZON WAY IRVING, TX 75063 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 06-3032 v. JOHN THOMAS MAHONEY DEBORAH K. MAHONEY AIK/ A DEBORAH K. RADOCI 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 JOHN THOMAS MAHONEY and DEBORAH K. MAHONEY A/KIA DEBORAH K. RADOCI, 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 5/25/06 to 7/8/06 TOTAL $82,161.12 $726.75 $82,887.87 I hereby certify that (I) 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. , SQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 135426 VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, infonnation and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: J 1/1 VCI' By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 First Horizon Home Loan Corporation, F/K/A FT Mortgage Companies, DIBI A Carl I. Brown Mortgage ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No. 06-3032 John Mahoney A/KiA John Thomas Mahoney Deborah K. Mahoney A/KiA Deborah K. Radoci Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Reassess Damages and Brief in Support thereof were sent to the following individuals on the date indicated below. John Mahoney A/KiA John Thomas Mahoney Deborah K. Mahoney A/Ki A Deborah K. Radoci 49 Brandy Run Road Newville, P A 17241 John Mahoney A/KJ A John Thomas Mahoney P.O. Box 123 Newville, PA 17241-0123 DATE: 11/1JrJ{I ~'LLP Michele M. Bradford, Esquire Attorney for Plaintiff Q ;:...... f-..) ..;: - :_-~-'? (..::- ~_:-, (") .1 --I ::r: r n ::!l ;- 02' c-:i ~ '~~ .:...... :::J -< w t . SALE DATE: DECEMBER 6. 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW FIRST HORIZON HOME LOAN CORPORATION, F/K/A Ff MORTGAGE No.: 06-3032 COMPANIES, D/B/A CARL I. BROWN MORTGAGE VS. JOHN MAHONEY DEBORAH K. MAHONEY AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 49 BRANDY RUN ROAD. NEWVILLE. PA 17241. As required by Pa. R.C.P. 3l29.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3l29.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. D~wd!~dst~ Attorney for Plaintiff November 3, 2006 . "'" '~~J PHELAN HALLINAN & SCHMIEG. L.L.P. One Penn Center at Suburban Station 1617 JoIm F. Kennedy Boulevard, Suite 1400 Philade1phia,PA 19103-1814 CHRISTINE SCHOFFLERlI Name and Address Of Sender Line Artf<;le Number N....afA.d~......._nd Poot OlD.. A_ .... POI". OOMESTlC RELATIONS OF CUMBERLAND COUNTY, I3 NORTIl HANOVER STREET, CARLlSLE, PA r COMMONWEALTII OF PENNSYLVANIA., DEPARTMENT OF WELFARE, PO BOX 2675, HAlUUSBURG, TENANTI OCCUPANT ,49 BRANDY RUN ROAD, NEWVILLE. PA 17241 10HN mOMAS MAHONEY, 49 BRANDY RUN ROAD, NEWV1LLE, PA 17241 DEBORAH K. MAHONEY AIKlA DEBORAH K. RADOel. 49 BRANDY RUN ROAD, NEWVILlE, PA 171 PENNSYLVANIA HOUSING FINANCE AGENCY, 2101 NORm FRONT STREET, HARRISBURG, PA 17 if:: i I'Ir;; ,~ c~ ~ 0 \. ~ :!~!!J 0..-:- <v <> - "'"'INn <:> g i P/W.' 2 3 4 5 6 7 i 8 9 10 It 12 13 14 15 JOHN moMAS MAHONEY CQS CUMBERLAND 135426 The IiIII dcc_ of..... is fOlIlliood OQ.n _.Iie 1Dd..~.........,..... no axial&in isdoamily po)'lblo far "''"''_tionor_IidIr.__~.MI&1____is$50,ooo.OOperp... sulljocl.. llimlofS500,OOO per__ TIIo -iodoInIiIyJlO)'Oble ool!spms Moll ....._.. -..... ;, $500.1110.......... indcmlity po)'lll" is SV.OOO I>r "'~ ...;~ ..... with opIioaII ..,onace. s.. o.-l1ic MID Mall&! 1\901l,S913.DOI S921Ibrlimilotioosof_, TOl>l N..- of Pieces LislDd By Soaole, TouIN_ ofN<cos __.. Pool Offi<c p-. p.,. (NImo OflU<aivia( eoq,loyw) (-, ':::"'\ \ C' '>,~ ..,vi~ ---~ ,-- C~) .' ~~~ .- .-' ~ FIRST HORIZON HOME LOAN : IN THE COURT OF COMMON PLEAS OF CORP., F/KJA FT MORTGAGE : CUMBERLAND COUNTY, PENNSYLVANIA COMPANIES, D/B/A CARL I. BROWN MORTGAGE V. : CIVIL ACTION - LAW JOHN MAHONEY AlKJA JOHN THOMAS MAHONEY DEBORAH K. MAHONEY AlKJA DEBORAH K. RADOCI DEFENDANTS : NO. 06-3032 CIVIL ORDER OF COURT AND NOW, this 15th day of November, 2006, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before December 5, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, Michele M. Bradford, Esquire Counsel for Plaintiff J. John Mahoney a/k1a John Thomas Mahoney Deborah K. Mahoney a/k1a Deborah K. Radoci Defendants \ ) If - 16-- ~{p C'~ ~L. piS bas L 0 :2 t'ld S I HJH SOul PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 First Horizon H.ome Loan Corporation, F /K/ A FT Court of Common Pleas Mortgage Companies, D/B/A Carl I. Brown Mortgage Civil Division Plaintiff Cumberland County vs. No. 06-3032 John Mahoney A/KIA John Thomas Mahoney Deborah K. Mahoney A/K/ A Deborah K. Radoci Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the November 15,2006 Rule directing the defendant to show by December 5, 2006 was sent to the following individuals on the date indicated below. John Mahoney A/K/ A John Thomas Mahoney Deborah K. Mahoney A/KIA Deborah K. Radoci 49 Brandy Run Road Newville, PA 17241 John Mahoney A/K/ A John Thomas Mahoney P.O. Box 123 Newville, P A 17241-0123 DATE: /1 /d.-1 /O~ I / Phelan Hallinan & Schmieg, LLP ::rrrrrr3x--- Michele M. Bradford, Attorney for Plaintiff '<2'i~ "&~. ~ ~O!l \~ ~ ~\, QL; -0 (:5~ "%G, -:e. bft\ =:;::.U ~ ~ y k .- ?Q 3. ~ ~ ,. ...... PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. 1.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 First Horizon Home Loan Corporation, FIKfA FT Court of Common Pleas Mortgage Companies, D/B/A CarlL Brown Mortgage Civil Division Plaintiff Cumberland County vs. No. 06-3032 John Mahoney NKJ A John Thomas Mahoney Deborah K. Mahoney NKJ A Deborah K. Radoci Defendants PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws the Motion to Reassesses Damages, which it filed on November 8, 2006. f!1/3jdo Dat ~ Michele M. Bradford, Esquire Attorney for Plaintiff ;. - " PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire A TIORNEY FOR PLAINTIFF Atty. 1.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 First Horizon Home Loan Corporation, FfK/A FT Court of Common Pleas Mortgage Companies, D/B/A CarlL Brown Mortgage Civil Division Plaintiff Cumberland County vs. No. 06-3032 John Mahoney AfKJ A John Thomas Mahoney Deborah K. Mahoney AfKJ A Deborah K. Radoci Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Withdraw its Motion to Reassesses Damages was sent via first class mail to the person on the date listed below: John Mahoney AfKJ A John Thomas Mahoney Deborah K. Mahoney A/K/A Deborah K. Radoci 49 Brandy Run Road Newville, PA 17241 John Mahoney AfKJ A John Thomas Mahoney P.O. Box 123 Newville, PA 17241-0123 DATE: /d-/)CJJ~ o c-: ~. ,....., = = en CJ Pl n o ." ~ll nlp -am ~~~~ 9 '-:'~7~ ::.'5 rTl '--I )> D ~ co p..) Cl \.D 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 Sheriffs Deed in which Veterans Affairs Secretary is the grantee the same having been sold to said grantee on the 26th day of December A.D., 2006, under and by virtue of a writ Execution issued on the 11 th day of July, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 3032, at the suit of First Horizon Hm Ln Corp/dba Carl I Brown Mtg against John Thomas & Deborah K Mahoney & Deborah K Radoci is duly recorded in Deed Book No. 278, Page 514. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ C, day of /Jec. , A.D.2e;;>>(; ~Jr/ RtcoIdIr oC DeeciI, CumbIrIInd Cotdy. CIdIII. PA My CllmIiialon EIlpftt lit FirIt Monday oIJIn. aoto Recorder of Deeds First Horizon Home Loan Corporation f/k/a FT Mortgage Companies d/b/a Carl I. Brown Mortgage VS Deborah K. Mahoney aJk/a Deborah K. Radoci And John Thomas Mahoney In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-3032 Civil Term Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on September 18, 2006 at 2017 hours, he served a true copy ofthe within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Deborah K. Mahoney aJk/a Deborah K. Radoci and John Thomas Mahoney, by posting the premises located at 49 Brandy Run Road, Newville, Cumberland County, Pennsylvania pursuant to order of court with the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 13,2006 at 1309 hours, he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Deborah K. Mahoney aJk/a Deborah K. Radoci and John Thomas Mahoney located at 49 Brandy Run Road, Newville, 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: Deborah K. Mahoney aJk/a Deborah K. Radoci and John Thomas Mahoney, by regular mail to their last known address of 49 Brandy Run Road, Newville, P A 17241. These letters were mailed under the date of October 10, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 6, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to attorney Daniel G. Schmieg on behalf of Secretary of Veterans Affairs, An Officer of the United States of America. It being the highest bid and best price received for the same, Secretary of Veterans Affairs, An Officer of the United States of America of 1000 Liberty Avenue, Pittsburgh, PA, 15222.being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$1406.91. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Posting Law Journal Patriot News Share of Bills 30.00 27.59 30.00 30.00 30.00 10.00 .50 1.00 26.40 30.00 40.00 12.00 569.00 485.06 15.94 Distribution of Proceeds Sheriffs Deed 25.00 39.50 $1406.91 j 4,0<1 \'~ o'/1J So Ans~;;s~- r~~ R. Thomas Kline, Sheriff BY~~ Real Estate ergeant oeeJ ~~ 00 1>3\6b ,13 h/P<1~ ^^ -If v ~ c.'C(01* l~ . FIRST HORIZON HOME LOAN CORPORATION, FfKJA FT MORTGAGE COMPANIES, DIB/A" CARL I. BROWN MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION JOHN THOMAS MAHONEY DEBORAH K. MAHONEY A/KIA DEBORAH K. RADOCI NO. 06-3032 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) FIRST HORIZON HOME LOAN CORPORATION. FIK/A Ff MORTGAGE COMPANIES. D/B/A CARL I. BROWN MORTGAGE, 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 .49 BRANDY RUN ROAD. NEWVILLE. P A 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN THOMAS MAHONEY 49 BRANDY RUN ROAD NEWVILLE, P A 17241 DEBORAH K. MAHONEY A!KIA DEBORAH K. RADOCI 49 BRANDY RUN ROAD NEWVILLE, PA 17241 2. Name and address ofDefendant(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 oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA HOUSINF FIANANCE AGENCY 2101 NORTH FRONT STREET HARRISBURG, P A 17105 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 plaintiffhas 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 49 BRANDY RUN ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 7,2006 A C DATE ~~SQUIRE Attorney for Plaintiff DESCRIPTION ~ ALL those two certain tracts ofland with the improvements thereon erected situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and descn"bed as follows: TRACf NO.1: BEGINNING at a point in the center line of Legislative Route 21003 at the eastern edge of a lane; thence along the latter, North 10 degrees 30 minutes East 230 feet to a stake; thence along land of James R. Showvaker, et ux, South 59 degrees 45 minutes East 200 feet to a stake; thence still along the same, South 10 degrees 38 minutes 20 seconds West 230.34 feet to a point in the center line of Legislative Route 21003; thence along the latter, the following courses and distances, North 63 degrees 36 minutes West 50.48 feet to a point, North 62 degrees 30 minutes West 42.92 feet to a point, North 58 degrees 39 minutes West 59.94 feet to a point and North 53 degrees 51 minutes West 46.66 feet to a point, the Place of BEGINNING. CONTAINING 1.01 acres according to a survey of Noel B. Smith, R.S., dated March 1, 1972 and recorded herewith. TRACf NO.2: BEGINNING at an iron pin on the eastern side of a gravel drive on the line of Lot No.1 on the hereinafter mentioned Plan of Lots; thence along the latter, South 81 degrees 39 minutes 10 seconds East, a distance of 152.23 feet to an iron pin; thence along the same, South 15 degrees 43 minutes 47 seconds East, a distance of 81.72 feet to an iron pin on the line of other land of James R. Showvaker, et ux; thence along the latter, North 59 degrees 45 minutes 00 seconds West, a distance of 200.00 feet to an iron pin, the Place of BEGINNING. CONTAINING 0.130 acres according to a Subdivision Plan for James R. Showvaker by John K. Bixler, ill, R.S., dated May 9, 1989, recorded in Cumberland County Plan Book 58, Page 98, and being designated as Lot No. lA thereon. BEING the same two properties which James R. Showvaker and Kay F. Showvaker, his wife, granted and conveyed to George E. Jumper, Jr. and Linda A. Jumper, his wife, Grantors herein, by deeds dated June 2, 1972 and July 12, 1989 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book '0', Volume 24, Page 641 and Deed Book' " Volume , Page , respectively. PARCEL IDENTIFICATION NO: 44-07-0487-015A CONTROL #: 44000609 TITLE TO SAID PREMISES IS VESTED IN J. Thomas Mahoney and Deborah K. Mahoney, his wife, by Deed from George E. Jumper, Jr. and Linda A. Jumper, his wife, dated 08/18/1989, recorded 08/22/1989, in Deed Book C-34, page 1111. (TRACf ONE & lWO) PREMISES BEING: 49 BRANDY RUN ROAD, NEWVILLE, P A 17241 .. , .. FIRST HORIZON HOME LOAN CORPORA';ION, FIKIA FT MORTGAGE COMPANIES, D/B/A CARL I. BROWN MORTGAGE Plaintiff, CUMBERLAND COUNTY No. 06-3032 v. JOHN THOMAS MAHONEY DEBORAH K.MAHONEY A/KIA DEBORAH K. RADOCI Defendant(s). July 7,2006 49 BRANDY RUN ROAD NEWVILLE, PA 17241 DEBORAH K. MAHONEY AlK/A DEBORAH K. RADOCI 49 BRANDY RUN ROAD NEWVILLE, PA 17241 TO: JOHN THOMAS MAHONEY **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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 . 49 BRANDY RUN ROAD. NEWVILLE. P A 17241. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $82.887.87 obtained by FIRST HORIZON HOME LOAN CORPORATION. FIKIA FT MORTGAGE COMPANIES. D/B/A CARL I. BROWN MORTGAGE (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. .. , . p 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 ifthis 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 ofthe 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 (IO) 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, P A 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) I . DESCRIPTION ALL those two certain tracts of land with the improvements thereon erected situate in Upper Mifflin Township, Cumberland COlmty, Pennsylvania, boooded and described as follows: TRACf NO.1: BEGINNING at a point in the center line of Legislative Route 21003 at the eastern edge of a lane; thence along the latter, North 10 degrees 30 minutes East 230 feet to a stake; thence along land of James R. Showvaker, etux, South 59 degrees 45 minutes East 200 feet to a stake; thence still along the same, South 10 degrees 38 minutes 20 seconds West 230.34 feet to a point in the center line of Legislative Route 21003; thence along the latter, the following courses and distances, North 63 degrees 36 minutes West 50.48 feet to a point, North 62 degrees 30 minutes West 42.92 feet to a point, North 58 degrees 39 minutes West 59.94 feet to a point and North 53 degrees 51 minutes West 46.66 feet to a point, the Place of BEGINNING. CONTAINING 1.01 acres according to a survey of Noel B. Smith, R.S., dated March 1, 1972 and recorded herewith. TRACT NO.2: BEGINNING at an iron pin on the eastern side of a gravel drive on the line of Lot No. 1 on the hereinafter mentioned Plan of Lots; thence along the latter, South 81 degrees 39 minutes 10 seconds East, a distance of 152.23 feet to an iron pin; thence along the same, South 15 degrees 43 minutes 47 seconds East, a distance of 81.72 feet to an iron pin on the line of other land of James R. Showvaker, et ux; thence along the latter, North 59 degrees 45 minutes 00 seconds West, a distance of200.00 feet to an iron pin, the Place of BEGINNING. CONTAINING 0.130 acres according to a Subdivision Plan for James R. Showvaker by Jo1m K. Bixler, ill, R.S., dated May 9, 1989, recorded in Cumberland Coooty Plan Book 58, Page 98, and being designated as Lot No. 1A thereon. BEING the same two properties which James R. Showvaker and Kay F. Showvaker, his wife, granted and conveyed to George E. Jumper, Jr. and Linda A. Jumper, his wife, Grantors herein, by deeds dated Jooe 2, 1972 and July 12, 1989 and recorded in the Office of the Recorder of Deeds for Cumberland Coooty in Deed Book '0', Volume 24, Page 641 and Deed Book' ., Volume ,Page ,respectively. PARCEL IDENTIFICATION NO: 44-07-0487-015A CONTROL #: 44000609 TITLE TO SAID PREMISES IS VESTED IN J. Thomas Mahoney and Deborah K. Mahoney, his wife, by Deed from George E. Jumper, Jr. and Linda A. Jumper, his wife, dated 08/18/1989, recorded 08/22/1989, in Deed Book C-34, page 1111. (TRACf ONE & TWO) PREMISES BEING: 49 BRANDY RUN ROAD, NEWVILLE, P A 17241 WRIT OF EXECUTION and/or ATTACHMENT ... COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-3032 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due First Horizon Home Loan Corporation, f/k/a FT Mortgage Companies, d/b/a Carl I. Brown Mortgage Plaintiff (s) From John Thomas Mahoney Deborah K. Mahoney a/k/a Deborah K. Radoci (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$82,887.87 L.L.$.50 Interest from 7/8/06 to December 6, 2006 (per diem - $13.63) $2,058.13 and Costs Atty's Comm % Due Prothy $1.00 Atty Paid $137.44 Plaintiff Paid Date: July 11, 2006 Other Costs CURTIS R. LONG (Seal) By: K.~h , w REQUESTING PARTY: Name Daniel G. Schmieg, Esq. 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 Real Estate Sale # 66 On September 11, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Upper Mifflin Township, Cumberland County, PA Known and numbered as 49 Brandy Run Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 11,2006 q 11 :b "\I L' 1nf qOOl . . . .' \" i ~:" ~~('Ll Vd 'A1imJ3~'I~_i\" .:0 '~5\..\.:JO jjlB3HS n_j ..' - By: \1 6-duM;;ib Real Est~te ~ergeant ~ ~ f:.::::::::i ~ liiriJ ., ..\ 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 smce; 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 25th day(s) of October and the 1st and 8th day(s) of November 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 S ALE #66 fore me this 15th day of November 2006 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, D uphin County mmission EXr:J' Ju 2010 .' of Notaries NOTARY PUBLIC - CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 AIL THOSE twli'certain tracts of land with the improvements tbmon erected situate in Upper ','.... .,.....~. ..~..~~.'.!~>'~' " '.... ... ......... i'\ .._~, ."nro ~.,.-i _--n~l~ t tf flU:;'; ," ~t1:",;1,~..Ii' .. . .... <". , ; . al9lJ( .. *" 30 ~ I!alIt 230 '--10 IC landon_ R.: ;, .~ 45 miQlJtes~ 200 _; thence still aloD& d16same, 0 ' .~ 38 mimIieS 1O..'West tI) a point in the cel81iile' of.~l!lilute ~3; thence _lfIe_"~g COUrses and distances, North 63 degrees 36 nrinutes Wesl 50.4$ feet to a.point;North 62 I:kgIees 30 minutes Wesl 42.92 feet 10 a point, North 58 degrees 39111i11nres Vies! 59.94 feet 10 .. ...po' . in! and North 53 depees 51 minDles West ~66 feet to a point, the jlIIICe of begilming. . ~ 1.01 ~ acconIing to a survey of ffiIel B. SmilIt, as., datrdMmh 1, 1972 and Ktonk:dbilmvith. 1*t#2: ~ at an iron pin QII the eastern tiiIe ofa graVel dtWe on 1bt _ ofLat No. Ion flit heteinafter JDeIlI.iooed Plaii of LotS; thence aIDI,g lfIe IatIer, South 81 de&rees 39Jl1iJlutes 10 eeIlonds &at, a diSIance of lhn feettO an iron . tlIenl:e along the 5aIlIB, South 15 qees 43 lIIiiwtes 47 secoocIs East, a dislaIIce. of 1'1.72 f. to an iron pin on the line of other lands of 1~ R. Showvaker, et OX; tbenl;c along the ~ North 59 depees 4S minutes 00 $econds .... a distaoce of 2. 00JXl feot IOIIlDoo pin. the pIict: of begimliDg. ~ 1.01 ~ al:COIIllD8 lOa survey of Noi:I. B. SInith. RS., daIrd.MaitIi I, 1972 and ~ betelridl. 'DII!et #2: ~ at an iroa pn on the eastern silIi:ofagraVel.~..cfLotNo.l on .1IaeiDafter ~~of~ thence ~the IatIer, SoI!ltJ&1~39mi11u1es 10 ~ East, a dis~ of 132.n &et 10 an iron. }ill; ]lIenee along 1$: same, South 15 degrees 43 .." 47 seconds Easf, lidisllmceof 81.72 Rio an iron pin on the Iioe of Olber lands of "'1. SItowvab:r, et ux; .~ l\Iong the .. 'North 59 dearees 4S miButes 00 seconds ~adisDe of200.00 feet 10 an iron pill, the . pllceli~. ~i 0.1j(} acres acconling to a ~ Plan for James.R. ~by JolIal BWer, m. R.S., dated May 9, 1989, ~ in.CumberlaIMf CoIllIIj PIIb-1IlWS8, page 91; and being designated as Lot'No. lA --. 1IeiII<<:f!le same .IWOproperUes which J~ R. ~ and Kay F. Sbowwbt. his wife, graaW:JD4." . convey. eel 10 ~ E.lumper,. J Jrr" aat UIaa A.lumper, his wife, ~ herein, by_diDdJuDe 2. 1972 and July 12. 1939 1IJd,'" in. \tJe'Oftke of 1bt~of ~CouItyin Diled Book . "24,.page 641' ... Deed' Book ~<;''AlInme. f-, page Conttol .~. .' is vested in J. 1'bQpIas. l'leborah K. MihoIley,I!is wife, by fi!elItMi ~ E. Jumper,Jr, ~ A. ....llisd. daIlidll8lttll_, '" 'till 2:V1989.,itDeed Book C-34, .1111 O'ract Qae&:Two}. . ~~: 49 Brandy RunRned.NewviIIe, PA 17241 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 20, October 27 and November 3, 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. SWORN TO AND SUBSCRIBED before me this 3 day of November. 2006 SEAl LOIS E. SNYDER, Notary Public CarHsle Boro, Cumberland County My Commission ExpIres March 5, 2009 REAL ESTATE SALE NO. 66 Writ No. 2006-3032 Civil First Horizon Home Loan Corporation f/k/a IT Mortgage Companies d/b/a Carl!. Brown Mortgage vs. Deborah K. Mahoneya/k/a Deborah K. Radoci and John Thomas Mahoney Atty.: Daniel Schmieg DESCRIPTION ALL those two certain tracts of land with the improvements thereon erected situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows: TRACT NO.1: BEGINNING at a point in the center line of Legisla- tive Route 21003 at the eastem edge of a lane; thence along the latter, North 10 degrees 30 minutes East 230 feet to a stake; thence along land of James R Showvaker, et ux, South 59 degrees 45 minutes East 200 feet to a stake; thence still along the same, South 10 degrees 38 min- utes 20 seconds West 230.34 feet to a point in the center line of Leg- islative Route 21003; thence along the latter, the follOwing courses and distances, North 63 degrees 36 min- utes West 50.48 feet to a point, North 62 degrees 30 minutes West 42.92 feet to a point, North 58 de- grees 39 minutes West 59.94 feet to a point and North 53 degrees 51 minutes West 46.66 feet to a point, the Place of BEGINNING. CONTAINING 1.01 acres accord- ing to a survey of Noel B. Smith, RS., dated March 1, 1972 and re- corded herewith. TRACT NO.2: BEGINNING at an iron pin on the eastern side of a gravel drive on the line of Lot No. 1 on the hereinafter mentioned Plan of Lots; thence along the latter, South 81 degrees 39 minutes 10 seconds East, a distance of 152.23 feet to an iron pin; thence along the same, South 15 degrees 43 minutes 47 seconds East, a distance of 81. 72 feet to an iron pin on the line of other land of James R Show- vaker, et ux; thence along the lat- ter, North 59 degrees 45 minutes 00 seconds West, a distance of 200.00 feet to an iron pin, the Place of BEGINNING. CONTAINING 0.130 acres ac- cording to a Subdivision Plan for James R Showvaker by John K. Bixler, III, RS., dated May 9, 1989, recorded in Cumberland County Plan Book 58, Page 98, and being designated as Lot No. lA thereon. BEING the same two properties which James R Showvaker and Kay F. Showvaker, his wife, granted and conveyed to George E. Jumper, Jr. and Linda A. Jumper, his wife, Grantors herein, by deeds dated June 2, 1972 and July 12, 1989 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book '0', Volume 24, Page 641 and Deed Book _, Volume _, Page _, respectively. PARCEL IDENTIFICATION NO: 44-07-0487-015A. CONTROL #: 44000609. TITLE TO SAID PREMISES IS VESTED IN J. Thomas Mahoney and Deborah K. Mahoney, his wife, by Deed from George E. Jumper, ,Jr. and Unda A. Jumper, his wife, dated 08/18/1989, recorded 08/ 22/1989, in Deed Book C-34, page 1111. (TRACT ONE & 1WO) PREMISES BEING: 49 BRANDY ~N ROAD. NEWVILLE, PA 17241.